Amended in Senate August 12, 2013

Amended in Assembly May 24, 2013

Amended in Assembly April 4, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 985

Introduced by Assembly Member Cooley

February 22, 2013

An act to amend Sections 11363 begin delete and end delete begin insert , end insert 11386 begin insert , and 11403.01 end insert of begin delete , and to repeal Section 11403.01 of, end delete the Welfare and Institutions Code, relating to public social services.

LEGISLATIVE COUNSEL’S DIGEST

AB 985, as amended, Cooley. Guardianship and adoption assistance.

Existing law, through the Kinship Guardianship Assistance Payment Program (state-funded Kin-GAP), which is a part of the CalWORKs program, provides state-funded assistance on behalf of eligible children who are placed in the home of a relative caretaker. Under existing law, state-funded Kin-GAP aid is provided on behalf of any eligible youth under 21 years of age who meets specified requirements, including that his or her Kin-GAP payments began after his or her 16th birthday and he or she is completing secondary education or a program leading to an equivalent credential. begin delete Existing law also allows a nonminor whose state-funded Kin-GAP payments began before his or her 16th birthday to continue to receive Kin-GAP aid after his or her 18th birthday if he or she continues to reside in the relative’s home, remains otherwise eligible for Kin-GAP payments, and continues to attend high school or the equivalent level of vocational or technical training on a full-time basis, or continues to pursue a high school equivalency certificate, and is reasonably expected to complete the educational or training program or to receive a high school equivalency certificate before his or her 19th birthday. end delete

Existing law, through the Kinship Guardianship Assistance Payments for Children program (federally funded Kin-GAP), provides federally funded assistance on behalf of eligible children who are placed in the home of a relative caretaker. Under federal law, a child who is between 18 and 21 years of age is eligible for federally funded Kin-GAP assistance if he or she meets specified requirements, including that his or her federally funded Kin-GAP payments commenced after his or her 16th birthday. begin insert Existing law also allows a nonminor whose state or federally funded Kin-GAP payments began prior to his or her 16th birthday to continue to receive Kin-GAP aid after his or her 18th birthday if he or she meets specified criteria, including that the nonminor is attending high school or an equivalent program and is reasonably expected to graduate or complete that program before his or her 19th birthday. end insert

This bill would instead authorize a nonminor whose state-funded Kin-GAP payments began prior to his or her 16th birthday to receive state-funded Kin-GAP benefits if he or she is 21 years of age or younger and meets any of certain criteria, including, among others, that he or she attends a postsecondary institution of higher education or is employed at least 80 hours per month. The bill would also authorize a youth who has attained 18 begin insert or 19 end insert years of age begin insert , as specified, end insert while receiving federally funded Kin-GAP benefits and begin insert who end insert is no longer eligible for those federally funded benefits to receive Kin-GAP payments under the begin delete state end delete begin insert state-funded end insert program if the youth meets specified requirements. The bill would also require a county social worker, in redetermining the eligibility of a child receiving state or federally funded Kin-GAP, to determine whether the child has a mental or physical disability that warrants the continuation of assistance beyond the child’s 18th birthday. By expanding eligibility for state-funded Kin-GAP and increasing county responsibilities in administering the program, this bill would impose a state-mandated local program.

Existing law continuously appropriates moneys from the General Fund to defray a portion of county aid grant costs under the CalWORKs program.

This bill would declare that no appropriation would be made for purposes of the bill.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 11363 of the Welfare and Institutions
Code is amended to read:

11363.  

(a) Aid in the form of state-funded Kin-GAP shall be
provided under this article on behalf of any child under 18 years
of age and to any eligible youth under 21 years of age as provided
in Section 11403, who satisfies all of the following conditions:

(1) Has been adjudged a dependent child of the juvenile court
pursuant to Section 300 or a ward of the juvenile court pursuant
to Section 601 or 602.

(2) Has been residing for at least six consecutive months in the
approved home of the prospective relative guardian while under
the jurisdiction of the juvenile court or a voluntary placement
agreement.

(3) Has had a kinship guardianship established pursuant to
Section 360 or 366.26.

(4) Has had his or her dependency jurisdiction terminated after
January 1, 2000, pursuant to Section 366.3, or his or her wardship
terminated pursuant to subdivision (d) of Section 728, concurrently
or subsequently to the establishment of the kinship guardianship.

(b) If the conditions specified in subdivision (a) are met and,
subsequent to the termination of dependency jurisdiction, any
parent or person having an interest files with the juvenile court a
petition pursuant to Section 388 to change, modify, or set aside an
order of the court, Kin-GAP payments shall continue unless and
until the juvenile court, after holding a hearing, orders the child
removed from the home of the guardian, terminates the
guardianship, or maintains dependency jurisdiction after the court
concludes the hearing on the petition filed under Section 388.

(c) A child or nonminor former dependent or ward shall be
eligible for Kin-GAP payments if he or she meets one of the
following age criteria:

(1) He or she is under 18 years of age.

(2) He or she is under 21 years of age and has a physical or
mental disability that warrants the continuation of assistance.

(3) He or she satisfies the conditions described in either
paragraph (1) or (2) of subdivision (d).

(d) (1) Kin-GAP payments shall continue for youths who have
attained 18 years of age and are under 21 years of age, if the
relative guardian continues to be responsible for the support of the
youth and the youth meets one or more of the conditions specified
in paragraphs (1) to (5), inclusive, of subdivision (b) of Section
11403.

(2) A youth who has attained 18 years of age while receiving
federally funded Kin-GAP benefits pursuant to Article 4.7
(commencing with Section 11385), but is no longer eligible for
benefits under that program, shall be eligible for benefits under
this section until the youth attains 21 years of age if all of the
following conditions are met:

(A) The youth’s relationship to the kinship guardian is defined
in paragraph (1) of subdivision (c) of Section 11391.

(B) The youth was under 16 years of age at the commencement
of the Kin-GAP payments under Article 4.7 (commencing with
Section 11385) and does not have a mental or physical disability
that warrants the continuation of assistance.

(C) The guardian continues to be responsible for the support of
the youth.

(D) The youth meets one or more of the conditions of eligibility
described in paragraphs (1) to (5), inclusive, of subdivision (b) of
Section 11403.

(e) Termination of the guardianship with a kinship guardian
shall terminate eligibility for Kin-GAP unless the conditions in
Section 11403 apply; provided, however, that if an alternate
guardian or coguardian is appointed pursuant to Section 366.3 who
is also a kinship guardian, the alternate or coguardian shall be
entitled to receive Kin-GAP on behalf of the child pursuant to this
article. A new period of six months of placement with the alternate
guardian or coguardian shall not be required if that alternate
guardian or coguardian has been assessed pursuant to Sections
361.3 and 361.4 and the court terminates dependency jurisdiction.

(f) At the time of redetermination of eligibility closest to the
child’s 18th birthday, the county social worker shall determine
whether the child has a mental or physical disability that warrants
continuation of assistance pursuant to paragraph (2) of subdivision
(c).

SEC. 2.  

Section 11386 of the Welfare and Institutions Code is
amended to read:

11386.  

Aid shall be provided under this article on behalf of a
child under 18 years of age, and to any eligible youth under 19
years of age, as provided in Section 11403, under all of the
following conditions:

(a) The child satisfies both of the following requirements:

(1) He or she has been removed from his or her home pursuant
to a voluntary placement agreement, or as a result of judicial
determination, including being adjudged a dependent child of the
court, pursuant to Section 300, or a ward of the court, pursuant to
Section 601 or 602, to the effect that continuation in the home
would be contrary to the welfare of the child.

(2) He or she has been eligible for federal foster care
maintenance payments under Article 5 (commencing with Section
11400) while residing for at least six consecutive months in the
approved home of the prospective relative guardian while under
the jurisdiction of the juvenile court or a voluntary placement
agreement.

(b) Being returned to the parental home or adopted are not
appropriate permanency options for the child.

(c) The child demonstrates a strong attachment to the relative
guardian, and the relative guardian has a strong commitment to
caring permanently for the child and, with respect to the child who
has attained 12 years of age, the child has been consulted regarding
the kinship guardianship arrangement.

(d) The child has had a kinship guardianship established
pursuant to Section 360 or 366.26.

(e) The child has had his or her dependency jurisdiction
terminated pursuant to Section 366.3, or his or her wardship
terminated pursuant to subdivision (d) of Section 728, concurrently
or subsequently to the establishment of the kinship guardianship.

(f) If the conditions specified in subdivisions (a) through (e),
inclusive, are met and, subsequent to the termination of dependency
jurisdiction, any parent or person having an interest files with the
juvenile court a petition pursuant to Section 388 to change, modify,
or set aside an order of the court, Kin-GAP payments shall continue
unless and until the juvenile court orders the child removed from
the home of the guardian, terminates the guardianship, or maintains
dependency jurisdiction after the court concludes the hearing on
the petition filed under Section 388.

(g) A child or nonminor former dependent or ward shall be
eligible for Kin-GAP payments if he or she meets one of the
following age criteria:

(1) He or she is under 18 years of age.

(2) He or she is under 21 years of age and has a physical or
mental disability that warrants the continuation of assistance.

(3) He or she satisfies the conditions begin delete as end delete described in subdivision
(h).

begin insert

(4) He or she satisfies the conditions of Section 11403.01.

end insert

(h) Effective January 1, 2012, Kin-GAP payments shall continue
for youths who have attained 18 years of age and are under 19
years of age, if they reached 16 years of age before the Kin-GAP
negotiated agreement payments commenced, and as described in
Section 10103.5. Effective January 1, 2013, Kin-GAP payments
shall continue for youths who have attained 18 years of age and
are under 20 years of age, if they reached 16 years of age before
the Kin-GAP negotiated agreement payments commenced, and as
described in Section 10103.5. Effective January 1, 2014, Kin-GAP
payments shall continue for youths who have attained 18 years of
age and are under 21 years of age, if they reached 16 years of age
before the Kin-GAP negotiated agreement payments commenced.
To be eligible for continued payments, the youth shall satisfy one
or more of the conditions specified in paragraphs (1) to (5),
inclusive, of subdivision (b) of Section 11403.

(i) Termination of the guardianship with a kinship guardian
shall terminate eligibility for Kin-GAP, unless the conditions of
Section 11403 apply, provided, however, that if an alternate
guardian or coguardian is appointed pursuant to Section 366.3 who
is also a kinship guardian, the alternate or coguardian shall be
entitled to receive Kin-GAP on behalf of the child pursuant to this
article. A new period of six months of placement with the alternate
guardian or coguardian shall not be required if that alternate
guardian or coguardian has been assessed pursuant to begin delete Section end delete
begin insert Sections end insert 361.3 and begin delete Section end delete 361.4 and the court terminates
dependency jurisdiction, subject to federal approval of amendments
to the state plan.

(j) At the time of redetermination of eligibility closest to the
child’s 18th birthday, the county social worker shall determine
whether the child has a mental or physical disability that warrants
continuation of assistance pursuant to paragraph (2) of subdivision
(g).

begin delete

SEC. 3.  

Section 11403.01 of the Welfare and Institutions Code
is repealed.

end delete

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 11403.01 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

begin delete

11403.01.  

On and after January 1, 2012, a

end delete

begin insert

begin insert 11403.01. end insert   

end insert

begin insert (a) end insert begin insert   end insert begin insert A end insert nonminor who is receiving Kin-GAP benefits
under begin delete Article 4.5 (commencing with Section 11360) or end delete Article 4.7
(commencing with Section 11385) and whose Kin-GAP payments
began prior to begin delete the child’s end delete begin insert his or her end insert 16th birthday begin delete and who is
receiving aid pursuant to those articles end delete , and who is attending high
school or the equivalent level of vocational or technical training
on a full-time basis, or is in the process of pursuing a high school
equivalency certificate, prior to his or her 18th birthday, may
continue to receive aid under begin delete those articles end delete begin insert that article end insert following
his or her 18th birthday so long as the begin delete child continues to reside in
the relative’s home end delete begin insert nonminor continues to receive assistance and
support from the relative with whom he or she was placed end insert , remains
otherwise eligible for Kin-GAP payments, and continues to attend
high school or the equivalent level of vocational or technical
training on a full-time basis, or continues to pursue a high school
equivalency certificate, and the begin delete child end delete begin insert nonminor end insert may reasonably
be expected to complete the educational or training program or to
receive a high school equivalency certificate begin delete , end delete before his or her
19th birthday. Aid shall be provided to an individual pursuant to
this section provided that both the individual and the agency
responsible for the related guardianship placement have signed a
mutual agreement, if the individual is capable of making an
informed agreement, documenting the continued need for
out-of-home placement.

begin insert

(b) After the nonminor completes the educational or training
program or receives a high school equivalency certificate or attains
19 years of age, whichever occurs first, the nonminor shall be
eligible to receive Kin-GAP benefits pursuant to Article 4.5
(commencing with Section 11360) until the nonminor attains 21
years of age if all the following conditions are met:

end insert begin insert

(1) The nonminor’s relationship to the kinship guardian is
defined in paragraph (1) of subdivision (c) of Section 11391.

end insert begin insert

(B) The nonminor was under 16 years of age when the Kin-GAP
negotiated agreement payments commenced and does not have a
mental or physical disability that warrants the continuation of
assistance.

end insert begin insert

(C) The guardian continues to be responsible for the support
of the nonminor.

end insert begin insert

(D) The nonminor meets one or more of the conditions of
eligibility described in paragraphs (1) to (5), inclusive, of
subdivision (b) of Section 11403.

end insert

SEC. 4.  

No appropriation pursuant to Section 15200 of the
Welfare and Institutions Code shall be made for the purposes of
this act.

SEC. 5.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.