Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2236

Introduced by Assembly Member Stone

February 21, 2014

An act to amend Section begin delete 11404.1 end delete begin insert 11403 end insert of the Welfare and Institutions Code, relating to foster care.

LEGISLATIVE COUNSEL’S DIGEST

AB 2236, as amended, Stone. Aid to Families with Dependent Children-Foster begin delete Care. end delete begin insert Care: nonminors. end insert

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Existing law provides aid and services to children placed in out-of-home care through various social service programs, including the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program. Under existing law, a nonminor dependent, defined to include a person between 18 and 21 years of age and still within the jurisdiction of the juvenile court, continues to be eligible for those social service programs until 21 years of age if he or she is otherwise eligible for that program and one or more other specified conditions are met. Under existing law, a nonminor former dependent child or ward of the juvenile court who resides with a nonrelated legal guardian and is receiving AFDC-FC benefits on that basis, as provided, is eligible to continue to receive aid as long as the nonminor is otherwise eligible for AFDC-FC benefits.

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This bill would instead provide that a nonminor former dependent child or ward who is eligible for AFDC-FC benefits because he or she resides with a nonrelated legal guardian, as provided, continues to be eligible for those benefits for as long as he or she meets the age criteria described above and any other program requirements. Because the bill would expand the number of nonminors who are eligible for the AFDC-FC program, which is administered and partially funded by counties, this bill would impose a state-mandated local program.

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Existing law continuously appropriates moneys from the General Fund to pay for the state’s share of AFDC-FC costs.

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This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.

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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.

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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.

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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 a child to receive certain periodic reviews and permanency hearings, as specified, in order to be eligible for AFDC-FC.

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This bill would make technical, nonsubstantive changes to that provision.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

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begin insert SECTION 1. end insert   

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begin insert Section 11403 of the end insert begin insert Welfare and Institutions
Code end insert begin insert is amended to read: end insert

11403.  

(a) It is the intent of the Legislature to exercise the
option afforded states under Section 475(8) (42 U.S.C. Sec.
675(8)), and Section 473(a)(4) (42 U.S.C. Sec. 673(a)(4)) of the
federal Social Security Act, as contained in the federal Fostering
Connections to Success and Increasing Adoptions Act of 2008
(Public Law 110-351), to receive federal financial participation
for nonminor dependents of the juvenile court who satisfy the
conditions of subdivision (b), consistent with their transitional
independent living case plan. Effective January 1, 2012, these
nonminor dependents shall be eligible to receive support up to 19
years of age, effective January 1, 2013, up to 20 years of age, and
effective January 1, 2014, up to 21 years of age, consistent with
their transitional independent living case plan and as described in
Section 10103.5. It is the intent of the Legislature both at the time
of initial determination of the nonminor dependent’s eligibility
and throughout the time the nonminor dependent is eligible for aid
pursuant to this section, that the social worker or probation officer
or Indian tribal placing entity and the nonminor dependent shall
work together to ensure the nonminor dependent’s ongoing
eligibility. All case planning shall be a collaborative effort between
the nonminor dependent and the social worker, probation officer,
or Indian tribe, with the nonminor dependent assuming increasing
levels of responsibility and independence.

(b) A nonminor dependent receiving aid pursuant to this chapter,
who satisfies the age criteria set forth in subdivision (a), shall meet
the legal authority for placement and care by being under a foster
care placement order by the juvenile court, or the voluntary reentry
agreement as set forth in subdivision (z) of Section 11400, and is
otherwise eligible for AFDC-FC payments pursuant to Section
11401. A nonminor who satisfies the age criteria set forth in
subdivision (a), and who is otherwise eligible, shall continue to
receive CalWORKs payments pursuant to Section 11253 or, as a
nonminor former dependent or ward, aid pursuant to Kin-GAP
under Article 4.5 (commencing with Section 11360) or Article 4.7
(commencing with Section 11385) or adoption assistance payments
as specified in Chapter 2.1 (commencing with Section 16115) of
Part 4. begin delete Effective January 1, 2012, a end delete begin insert A end insert nonminor former dependent
child or ward of the juvenile court who is begin delete receiving end delete begin insert eligible to
receive end insert AFDC-FC benefits pursuant to Section 11405 begin delete and who end delete
begin insert shall continue to be eligible for as long as he or she end insert satisfies the
begin insert age end insert criteria set forth in subdivision (a) begin delete shall be eligible to continue
to receive aid as long as the nonminor is otherwise eligible for
AFDC-FC benefits under this subdivision end delete begin insert and any other program
requirements end insert . This subdivision shall apply when one or more of
the following conditions exist:

(1) The nonminor is completing secondary education or a
program leading to an equivalent credential.

(2) The nonminor is enrolled in an institution which provides
postsecondary or vocational education.

(3) The nonminor is participating in a program or activity
designed to promote, or remove barriers to employment.

(4) The nonminor is employed for at least 80 hours per month.

(5) The nonminor is incapable of doing any of the activities
described in subparagraphs (1) to (4), inclusive, due to a medical
condition, and that incapability is supported by regularly updated
information in the case plan of the nonminor. The requirement to
update the case plan under this section shall not apply to nonminor
former dependents or wards in receipt of Kin-GAP program or
Adoption Assistance Program payments.

(c) The county child welfare or probation department, Indian
tribe, consortium of tribes, or tribal organization that has entered
into an agreement pursuant to Section 10553.1, shall work together
with a nonminor dependent who is in foster care on his or her 18th
birthday and thereafter or a nonminor former dependent receiving
aid pursuant to Section 11405, to satisfy one or more of the
conditions described in paragraphs (1) to (5), inclusive, of
subdivision (b) and shall certify the nonminor’s applicable
condition or conditions in the nonminor’s six-month transitional
independent living case plan update, and provide the certification
to the eligibility worker and to the court at each six-month case
plan review hearing for the nonminor dependent. Relative
guardians who receive Kin-GAP payments and adoptive parents
who receive adoption assistance payments shall be responsible for
reporting to the county welfare agency that the nonminor does not
satisfy at least one of the conditions described in subdivision (b).
The social worker, probation officer, or tribal entity shall verify
and obtain assurances that the nonminor dependent continues to
satisfy at least one of the conditions in paragraphs (1) to (5),
inclusive, of subdivision (b) at each six-month transitional
independent living case plan update. The six-month case plan
update shall certify the nonminor’s eligibility pursuant to
subdivision (b) for the next six-month period. During the six-month
certification period, the payee and nonminor shall report any
change in placement or other relevant changes in circumstances
that may affect payment. The nonminor dependent, or nonminor
former dependent receiving aid pursuant to subdivision (e) of
Section 11405, shall be informed of all due process requirements,
in accordance with state and federal law, prior to an involuntary
termination of aid, and shall simultaneously be provided with a
written explanation of how to exercise his or her due process rights
and obtain referrals to legal assistance. Any notices of action
regarding eligibility shall be sent to the nonminor dependent or
former dependent, his or her counsel, as applicable, and the placing
worker, in addition to any other payee. Payments of aid pursuant
to Kin-GAP under Article 4.5 (commencing with Section 11360)
or Article 4.7 (commencing with Section 11385), adoption
assistance payments as specified in Chapter 2.1 (commencing with
Section 16115) of Part 4, or aid pursuant to subdivision (e) of
Section 11405 that are made on behalf of a nonminor former
dependent shall terminate subject to the terms of the agreements.
Subject to federal approval of amendments to the state plan, aid
payments may be suspended and resumed based on changes of
circumstances that affect eligibility. Nonminor former dependents,
as identified in paragraph (2) of subdivision (aa) of Section 11400,
are not eligible for reentry under subdivision (e) of Section 388 as
nonminor dependents under the jurisdiction of the juvenile court,
unless (1) the nonminor former dependent was receiving aid
pursuant to Kin-GAP under Article 4.5 (commencing with Section
11360) or Article 4.7 (commencing with Section 11385), or the
nonminor former dependent was receiving aid pursuant to
subdivision (e) of Section 11405, or the nonminor was receiving
adoption assistance payments as specified in Chapter 2.1
(commencing with Section 16115) of Part 3 and (2) the nonminor’s
former guardian or adoptive parent dies after the nonminor turns
18 years of age but before the nonminor turns 21 years of age.
Nonminor former dependents requesting the resumption of
AFDC-FC payments pursuant to subdivision (e) of Section 11405
shall complete the applicable portions of the voluntary reentry
agreement, as described in subdivision (z) of Section 11400.

(d) A nonminor dependent may receive all of the payment
directly provided that the nonminor is living independently in a
supervised placement, as described in subdivision (w) of Section
11400, and that both the youth and the agency responsible for the
foster care placement have signed a mutual agreement, as defined
in subdivision (u) of Section 11400, if the youth is capable of
making an informed agreement, that documents the continued need
for supervised out-of-home placement, and the nonminor’s and
social worker’s or probation officer’s agreement to work together
to facilitate implementation of the mutually developed supervised
placement agreement and transitional independent living case plan.

(e) Eligibility for aid under this section shall not terminate until
the nonminor dependent attains the age criteria, as set forth in
subdivision (a), but aid may be suspended when the nonminor
dependent no longer resides in an eligible facility, as described in
Section 11402, or is otherwise not eligible for AFDC-FC benefits
under Section 11401, or terminated at the request of the nonminor,
or after a court terminates dependency jurisdiction pursuant to
Section 391, delinquency jurisdiction pursuant to Section 607.2,
or transition jurisdiction pursuant to Section 452. AFDC-FC
benefits to nonminor dependents, may be resumed at the request
of the nonminor by completing a voluntary reentry agreement
pursuant to subdivision (z) of Section 11400, before or after the
filing of a petition filed pursuant to subdivision (e) of Section 388
after a court terminates dependency or transitional jurisdiction
pursuant to Section 391, or delinquency jurisdiction pursuant to
Section 607.2. The county welfare or probation department or
Indian tribal entity that has entered into an agreement pursuant to
Section 10553.1 shall complete the voluntary reentry agreement
with the nonminor who agrees to satisfy the criteria of the
agreement, as described in subdivision (z) of Section 11400. The
county welfare department or tribal entity shall establish a new
child-only Title IV-E eligibility determination based on the
nonminor’s completion of the voluntary reentry agreement pursuant
to Section 11401. The beginning date of aid for either federal or
state AFDC-FC for a reentering nonminor who is placed in foster
care is the date the voluntary reentry agreement is signed or the
nonminor is placed, whichever is later. The county welfare
department, county probation department, or tribal entity shall
provide a nonminor dependent who wishes to continue receiving
aid with the assistance necessary to meet and maintain eligibility.

(f) (1) The county having jurisdiction of the nonminor
dependent shall remain the county of payment under this section
regardless of the youth’s physical residence. Nonminor former
dependents receiving aid pursuant to subdivision (e) of Section
11405 shall be paid by their county of residence. Counties may
develop courtesy supervision agreements to provide case
management and independent living services by the county of
residence pursuant to the nonminor dependent’s transitional
independent living case plan. Placements made out of state are
subject to the applicable requirements of the Interstate Compact
on Placement of Children, pursuant to Part 5 (commencing with
Section 7900) of Division 12 of the Family Code.

(2) The county welfare department, county probation
department, or tribal entity shall notify all foster youth who attain
16 years of age and are under the jurisdiction of that county or
tribe, including those receiving Kin-GAP, and AAP, of the
existence of the aid prescribed by this section.

(3) The department shall seek any waiver to amend its Title
IV-E State Plan with the Secretary of the United States Department
of Health and Human Services necessary to implement this section.

(g) (1) Subject to paragraph (3), a county shall pay the
nonfederal share of the cost of extending aid pursuant to this
section to eligible nonminor dependents who have reached 18
years of age and who are under the jurisdiction of the county,
including AFDC-FC payments pursuant to Section 11401, aid
pursuant to Kin-GAP under Article 4.7 (commencing with Section
11385), adoption assistance payments as specified in Chapter 2.1
(commencing with Section 16115) of Part 4, and aid pursuant to
Section 11405 for nonminor dependents who are residing in the
county as provided in paragraph (1) of subdivision (f). A county
shall contribute to the CalWORKs payments pursuant to Section
11253 and aid pursuant to Kin-GAP under Article 4.5 (commencing
with Section 11360) at the statutory sharing ratios in effect on
January 1, 2012.

(2) Subject to paragraph (3), a county shall pay the nonfederal
share of the cost of providing permanent placement services
pursuant to subdivision (c) of Section 16508 and administering
the Aid to Families with Dependent Children Foster Care program
pursuant to Section 15204.9. For purposes of budgeting, the
department shall use a standard for the permanent placement
services that is equal to the midpoint between the budgeting
standards for family maintenance services and family reunification
services.

(3) (A) (i) Notwithstanding any other law, a county’s required
total contribution pursuant to paragraphs (1) and (2), excluding
costs incurred pursuant to Section 10103.5, shall not exceed the
amount of savings in Kin-GAP assistance grant expenditures
realized by the county from the receipt of federal funds due to the
implementation of Article 4.7 (commencing with Section 11385),
and the amount of funding specifically included in the Protective
Services Subaccount within the Support Services Account within
the Local Revenue Fund 2011, plus any associated growth funding
from the Support Services Growth Subaccount within the Sales
and Use Tax Growth Account to pay the costs of extending aid
pursuant to this section.

(ii) A county, at its own discretion, may expend additional funds
beyond the amounts identified in clause (i). These additional
amounts shall not be included in any cost and savings calculations
or comparisons performed pursuant to this section.

(B) Beginning in the 2011-12 fiscal year, and for each fiscal
year thereafter, funding and expenditures for programs and
activities under this section shall be in accordance with the
requirements provided in Sections 30025 and 30026.5 of the
Government Code. In addition, the following are available to the
counties for the purpose of funding costs pursuant to this section:

(i) The savings in Kin-GAP assistance grant expenditures
realized from the receipt of federal funds due to the implementation
of Article 4.7 (commencing with Section 11385).

(ii) The savings realized from the change in federal funding for
adoption assistance resulting from the enactment of Public Law
110-351 and consistent with subdivision (d) of Section 16118.

(4) (A) The limit on the county’s total contribution pursuant to
paragraph (3) shall be assessed by the State Department of Social
Services, in conjunction with the California State Association of
Counties, in 2015-16, to determine if it shall be removed. The
assessment of the need for the limit shall be based on a
determination on a statewide basis of whether the actual county
costs of providing extended care pursuant to this section, excluding
costs incurred pursuant to Section 10103.5, are fully funded by
the amount of savings in Kin-GAP assistance grant expenditures
realized by the counties from the receipt of federal funds due to
the implementation of Article 4.7 (commencing with Section
11385) and the amount of funding specifically included in the
Protective Services Subaccount within the Support Services
Account within the Local Revenue Fund 2011 plus any associated
growth funding from the Support Services Growth Subaccount
within the Sales and Use Tax Growth Account to pay the costs of
extending aid pursuant to this section.

(B) If the assessment pursuant to subparagraph (A) shows that
the statewide total costs of extending aid pursuant to this section,
excluding costs incurred pursuant to Section 10103.5, are fully
funded by the amount of savings in Kin-GAP assistance grant
expenditures realized by the counties from the receipt of federal
funds due to the implementation of Article 4.7 (commencing with
Section 11385) and the amount of funding specifically included
in the Protective Services Subaccount within the Support Services
Account within the Local Revenue Fund 2011 plus any associated
growth funding from the Support Services Growth Subaccount
within the Sales and Use Tax Growth Account to pay the costs of
extending aid pursuant to this section, the Department of Finance
shall certify that fact, in writing, and shall post the certification on
its Internet Web site, at which time subparagraph (A) of paragraph
(3) shall no longer be implemented.

(h) It is the intent of the Legislature that no county currently
participating in the Child Welfare Demonstration Capped
Allocation Project be adversely impacted by the department’s
exercise of its option to extend foster care benefits pursuant to
Section 673(a)(4) and Section 675(8) of Title 42 of the United
States Code in the federal Social Security Act, as contained in the
federal Fostering Connections to Success and Increasing Adoptions
Act of 2008 (Public Law 110-351). Therefore, the department shall
negotiate with the United States Department of Health and Human
Services on behalf of those counties that are currently participating
in the demonstration project to ensure that those counties receive
reimbursement for these new programs outside of the provisions
of those counties’ waiver under Subtitle IV-E (commencing with
Section 470) of the federal Social Security Act (42 U.S.C. Sec.
670 et seq.).

(i) The department, on or before July 1, 2013, shall develop
regulations to implement this section in consultation with
concerned stakeholders, including, but not limited to,
representatives of the Legislature, the County Welfare Directors
Association, the Chief Probation Officers of California, the Judicial
Council, representatives of Indian tribes, the California Youth
Connection, former foster youth, child advocacy organizations,
labor organizations, juvenile justice advocacy organizations, foster
caregiver organizations, and researchers. In the development of
these regulations, the department shall consider its Manual of
Policy and Procedures, Division 30, Chapter 30-912, 913, 916,
and 917, as guidelines for developing regulations that are
appropriate for young adults who can exercise incremental
responsibility concurrently with their growth and development.
The department, in its consultation with stakeholders, shall take
into consideration the impact to the Automated Child Welfare
Services Case Management Services (CWS-CMS) and required
modifications needed to accommodate eligibility determination
under this section, benefit issuance, case management across
counties, and recognition of the legal status of nonminor
dependents as adults, as well as changes to data tracking and
reporting requirements as required by the Child Welfare System
Improvement and Accountability Act as specified in Section
10601.2, and federal outcome measures as required by the federal
John H. Chafee Foster Care Independence Program (42 U.S.C.
Sec. 677(f)). In addition, the department, in its consultation with
stakeholders, shall define the supervised independent living setting
which shall include, but not be limited to, apartment living, room
and board arrangements, college or university dormitories, and
shared roommate settings, and define how those settings meet
health and safety standards suitable for nonminors. The department,
in its consultation with stakeholders, shall define the six-month
certification of the conditions of eligibility pursuant to subdivision
(b) to be consistent with the flexibility provided by federal policy
guidance, to ensure that there are ample supports for a nonminor
to achieve the goals of his or her transition independent living case
plan. The department, in its consultation with stakeholders, shall
ensure that notices of action and other forms created to inform the
nonminor of due process rights and how to access them shall be
developed, using language consistent with the special needs of the
nonminor dependent population.

(j) Notwithstanding the Administrative Procedure Act, Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of
Title 2 of the Government Code, the department shall prepare for
implementation of the applicable provisions of this section by
publishing, after consultation with the stakeholders listed in
subdivision (i), all-county letters or similar instructions from the
director by October 1, 2011, to be effective January 1, 2012.
Emergency regulations to implement the applicable provisions of
this act may be adopted by the director in accordance with the
Administrative Procedure Act. The initial adoption of the
emergency regulations and one readoption of the emergency
regulations shall be deemed to be an emergency and necessary for
the immediate preservation of the public peace, health, safety, or
general welfare. Initial emergency regulations and the first
readoption of those emergency regulations shall be exempt from
review by the Office of Administrative Law. The emergency
regulations authorized by this section shall be submitted to the
Office of Administrative Law for filing with the Secretary of State
and shall remain in effect for no more than 180 days.

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(k) This section shall become operative on January 1, 2012.

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begin insert SEC. 2. end insert   

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

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begin insert SEC. 3. end insert   

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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.

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SECTION 1.  

Section 11404.1 of the Welfare and Institutions
Code is amended to read:

11404.1.  

In order to be eligible for AFDC-FC, a child shall
receive a periodic review no less frequently than once every six
months and a permanency hearing within 12 months after the date
the child entered foster care, pursuant to Section 361.49. The child
shall also receive permanency planning hearings periodically, but
no less frequently than once each 12 months thereafter, as required
by subdivision (d) of Section 366.3, throughout the period of foster
care placement. Periodic reviews and permanency planning
hearings shall not be required for a child who is residing with a
nonrelated legal guardian.

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