BILL NUMBER: AB 985 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 12, 2013
AMENDED IN ASSEMBLY MAY 24, 2013
AMENDED IN ASSEMBLY APRIL 4, 2013
INTRODUCED BY Assembly Member Cooley
FEBRUARY 22, 2013
An act to amend Sections 11363 and ,
11386 , and 11403.01 of , and to repeal Section
11403.01 of, 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.
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.
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. 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.
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 or 19 years of
age , as specified, while receiving federally funded
Kin-GAP benefits and who is no longer eligible for those
federally funded benefits to receive Kin-GAP payments under the
state state-funded 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 as
described in subdivision (h).
(4) He or she satisfies the conditions of Section 11403.01.
(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 Section
Sections 361.3 and Section 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).
SEC. 3. Section 11403.01 of the Welfare and
Institutions Code is repealed.
SEC. 3. Section 11403.01 of the Welfare
and Institutions Code is amended to read:
11403.01. On and after January 1, 2012, a
11403.01. (a) A
nonminor who is receiving Kin-GAP benefits under Article 4.5
(commencing with Section 11360) or Article 4.7 (commencing
with Section 11385) and whose Kin-GAP payments began prior to
the child's his or her 16th birthday
and who is receiving aid pursuant to those articles
, 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
those articles that article following
his or her 18th birthday so long as the child continues to
reside in the relative's home nonminor continues to
receive assistance and support from the relative with whom he or she
was placed , 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
child nonminor may reasonably be expected to
complete the educational or training program or to receive a high
school equivalency certificate , 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.
(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:
(1) The nonminor's relationship to the kinship guardian is defined
in paragraph (1) of subdivision (c) of Section 11391.
(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.
(C) The guardian continues to be responsible for the support of
the nonminor.
(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.
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.