BILL NUMBER: AB 1187 INTRODUCED
BILL TEXT
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
, 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 only either by county funds
pursuant to Section 15200.5. 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.
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. (a) Notwithstanding the
provisions of subdivision (c) of Section 15200, and
except as provided in subdivision (b), the county
shall may elect to 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.
(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.