California Legislature—2013–14 Regular Session

Assembly Bill No. 1187

Introduced by Assembly Member Mansoor

February 22, 2013

An act to amend Sections 11410 and 15200.5 of, and to add Section 11410.5 to, the Welfare and Institutions Code, relating to foster care.

LEGISLATIVE COUNSEL’S DIGEST

AB 1187, as introduced, Mansoor. Foster care funds: subsidized child care for foster parents.

Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. Existing law requires the county to amend its foster care state plan to authorize counties that elect to subsidize child care for foster parents to use specified federal matching funds for that purpose. Under existing law, the county is responsible for 100% of the nonfederal share of payments to foster parents for this purpose.

Existing law, the Child Care and Development Services Act, provides child care and development services to children from birth to 13 years of age, inclusive, and their parents, through full- and part-time programs, as specified. The act requires the Superintendent of Public Instruction to adopt rules and regulations on eligibility, enrollment, and priority of services needed to implement those programs, and gives priority to neglected or abused children who are recipients of child protective services, or children who are at risk of being neglected or abused, as specified. Existing law also establishes the After School Education and Safety Program for the purpose of creating incentives for establishing locally driven before and after school enrichment programs during schooldays and summer, intersession, or vacation days that partner public schools and communities to provide academic and literacy support and safe, constructive alternatives for youth.

This bill would require the State Department of Social Services to amend its foster care state plan to authorize the use of designated state child care and development funds administered by the State Department of Education and After School Education and Safety Program funds, in addition to county funds, as the nonfederal match for specified child care for children receiving protective services, foster children, and children at risk of abuse and neglect, pursuant to criteria specified in the bill. The bill would make conforming changes to the law relating to the payment of the nonfederal share of these costs.

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

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

SECTION 1.  

Section 11410 of the Welfare and Institutions
Code is amended to read:

11410.  

(a) The department shall amend the foster care state
plan begin insert , end insert required under Subtitle IV-E (commencing with Section 470)
of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.), to
authorize counties that elect to subsidize child care for foster
parents to use federal matching funds under Subtitle IV-E for that
purpose.

(b) When approved by the federal government, counties electing
to administer the Foster Parent Child Care Program shall follow
the guidelines developed by the State Department of Social
Services.

(c) Federal funds used by a county pursuant to this section shall
be matched begin delete only end delete begin insert either end insert by county funds pursuant to Section
begin delete 15200.5. end delete begin insert 15200.5, or by funds made available pursuant to Section
11410.5, or by a combination of those funds. State general funds,
other than funds described in this subdivision, shall not be used
for purposes of a match for those federal funds. end insert

SEC. 2.  

Section 11410.5 is added to the Welfare and
Institutions Code, to read:

11410.5.  

(a) The department shall amend the foster care state
plan required under Subtitle IV-E (commencing with Section 470)
of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.) to
authorize the use of any combination of both of the following as
the nonfederal match for Title IV-E child care funds for children
receiving protective services, foster children, and children at risk
of abuse and neglect:

(1) State child care and development funds administered by the
child development division of the State Department of Education
that are not being used for any other nonfederal match.

(2) After School Education and Safety Program funds allocated
for the purposes described in Article 22.5 (commencing with
Section 8482) of Chapter 2 of Part 6 of Division 1 of Title 1 of the
Education Code that are not being used for any other nonfederal
match.

(b) If funds described in subdivision (a) are to be used as the
nonfederal match for Title IV-E, the county shall do all of the
following:

(1) Contract with a local child care agency that is contracted
with the State Department of Education, or an After School
Education and Safety Program agency that is willing to participate.

(2) Claim the full child care costs of federally eligible Title IV-E
children, at a rate commensurate with regional child care and
development costs.

(3) Provide the full federal Title IV-E funding to the local
contractor. The local contractor shall use the funds provided as
the nonfederal match and enroll and serve children identified by
the county as children receiving protective services, foster children,
or children at risk of abuse or neglect.

(4) Consult with the State Department of Education to ensure
that the child development division contractor or the After School
Education and Safety Program contractor is in good standing with
the State Department of Education, all federal Title IV-E funds
are used to enhance the program funded by the State Department
of Education, and the child development division contractor or the
After School Education and Safety Program contractor does not
charge twice for the same services.

SEC. 3.  

Section 15200.5 of the Welfare and Institutions Code
is amended to read:

15200.5.  

begin insert (a) end insert begin insert   end insert Notwithstanding begin delete the provisions of end delete subdivision
(c) of Section 15200, begin insert and except as provided in subdivision (b), end insert
the county begin delete shall end delete begin insert may elect to end insert be responsible for 100 percent of the
nonfederal share of payments to needy children eligible for
AFDC-FC under the conditions of Section 11402.5, and for
payments made to foster parents pursuant to Section 11410.

begin insert

(b)  A county also may use funds made available pursuant to
Section 11410.5 for the nonfederal share of payments made to
foster parents pursuant to Section 11410.

end insert