BILL NUMBER: AB 2236	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 21, 2014
	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly  Member   Stone
  Members   Maienschein   and Stone

    (   Coauthor:   Assembly Member  
Chávez   ) 

                        FEBRUARY 21, 2014

    An act to amend Section 11403 of the Welfare and
Institutions Code, relating to foster care.   An act to
amend Sections 1569.48 and 1569.49 of the Health and Safety Code,
relating to residential care facilities. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2236, as amended,  Stone   Maienschein
 .  Aid to Families with Dependent Children-Foster Care:
nonminors.   Residential care facilities for the
elderly: civil penalties.  
   Existing law establishes the State Department of Social Services
and sets forth its powers and duties, including, but not limited to,
the licensing and administration of residential care facilities for
the elderly.  
   Existing law authorizes the department to impose various civil
penalties for licensing violations. Existing law sets the minimum
civil penalty at $25 and the maximum penalty at $150 per day per
violation, and permits additional civil penalties for repeat
violations within a 12-month period.  
   This bill would increase the civil penalties, including the
penalties for repeat offenses, and would vary the minimum and maximum
penalties depending upon the seriousness of the harm to the
resident.  
   This bill would, in the case of citations imposing civil penalties
for violations that caused death or serious bodily injury to the
resident, require that the decision to issue the citation be reviewed
by the department's legal office and be approved by the deputy
director prior to the issuance of the citation.  
   This bill would require that the appeal procedure include notice
to the complainant, affected residents, and, if possible, their legal
representatives, and the opportunity to participate in the appeal,
and an option for review by an administrative law judge.  
   This bill would, in cases involving death or serious bodily injury
of a resident, require the department to prove that the violation
was a direct proximate cause of the death or serious bodily injury,
and that it resulted from an occurrence of a nature that the statute
or regulation was designed to prevent. The bill would require
dismissal of the citation if the licensee proves that the licensee
did what might reasonably be expected of a residential care facility
for the elderly licensee, acting under similar circumstances, to
comply with the statute or regulation.  
   The bill would specify that, in an enforcement action pursuant to
these provisions, a licensee is liable for the acts and omissions of
its officers and employees.  
   Existing law authorizes the establishment of a fund and authorizes
deposit of up to 50% of the revenue from these civil penalties into
this fund, to be utilized, upon appropriation by the Legislature, for
the purposes of relocation and care of residents when a facility's
license is revoked or temporarily suspended.  
   This bill would, instead, establish the Emergency Resident
Relocation Fund and would require deposit of 50% of the revenue from
these civil penalties into the fund to be used for these purposes,
upon appropriation by the Legislature.  
   This bill would require the department, by January 1, 2016, to
amend its regulations to accommodate changes in these provisions made
by this bill.  
   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. 

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

   This bill would instead provide that the continuous appropriation
would not be made for purposes of implementing 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   no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 1569.48 of the  
Health and Safety Code   is amended to read: 
   1569.48.   A fund may be   The Emergency
Resident Relocation Fund is hereby  established  to
which not more than   within the State Treasury. The
department shall deposit into the fund  50 percent of each
penalty assessed pursuant to Section  1569.49 is transmitted
to   1569.49. Upon appropriation by  the 
department for use   Legislature, moneys in the fund
shall be used  by the Community Care Licensing Division of the
department to  establish an   fund 
emergency resident relocation  fund to be utilized for the
relocation  and care of residents when a facility's license
is revoked or temporarily  suspended, when appropriated by
the Legislature.   suspended.  The money in the
fund shall cover costs, including, but not limited to, transportation
expenses, expenses incurred in notifying family members, and any
other costs directly associated with providing continuous care to the
residents. The department shall seek the advice of providers in
developing a state plan for emergency resident relocation.
   SEC. 2.    Section 1569.49 of the   Health
and Safety Code   is amended to read:
   1569.49.  (a)  In addition to the suspension, temporary
suspension, or revocation of a license issued under this chapter, the
department may levy a civil penalty. The department shall adopt
regulations setting forth the appeal procedures for deficiencies.
 The appeal procedure shall include notice to the complainant,
affected residents, and, if possible, their legal representatives,
and the opportunity to participate in the appeal. The appeal
procedure shall include an option for review by an administrative law
judge. 
   (b)  The amount of the civil penalty shall not be less than
 twenty-five   one hundred  dollars
 ($25)   ($100)  or more than  two
hundred  fifty dollars  ($50)   ($250)
 per day for each violation of this  chapter except
where the nature   chapter,  or 
seriousness  of  any regulations adopted by  the
 violation or the frequency of the violation warrants a
higher penalty or an immediate   department pursuant to
this chapter. When assessed, the per-day  civil penalty 
assessment, or both, as determined by the department. In no event,
shall a civil penalty assessment exceed one hundred fifty dollars
($150) per day per violation.  shall end once the
licensee submits documentation of correction, if the correction is
verified by the department. 
   (c) Notwithstanding Section 1569.33, the department shall assess
an immediate civil penalty of one  hundred fifty 
 thousand  dollars  ($150)   ($1,000)
 per day per violation for any of the following serious
violations:
   (1) (A) Fire clearance violations, including, but not limited to,
overcapacity, ambulatory status, inoperable smoke alarms, and
inoperable fire alarm systems. The civil penalty shall not be
assessed if the licensee has done either of the following:
   (i) Requested the appropriate fire clearance based on ambulatory,
nonambulatory, or bedridden status, and the decision is pending.
   (ii) Initiated eviction proceedings.
   (B) A licensee denied a clearance for bedridden residents may
appeal to the fire authority, and, if that appeal is denied, may
subsequently appeal to the Office of the State Fire Marshal, and
shall not be assessed an immediate civil penalty until the final
appeal is decided, or after 60 days has passed from the date of the
citation, whichever is earlier.
   (2) Absence of supervision as required by statute or regulation.
   (3) Accessible bodies of water, when prohibited in this chapter or
regulations adopted pursuant to this chapter.
   (4) Accessible firearms, ammunition, or both.
   (5) Refused entry to a facility or any part of a facility in
violation of Section 1569.32, 1569.33, or 1569.35.
   (6) The presence of an excluded person on the premises. 
   (d) For a violation that the department determines was the direct
proximate cause of death to a resident, the minimum civil penalty
shall be five thousand dollars ($5,000) and the maximum civil penalty
shall be fifteen thousand dollars ($15,000).  
   (e) For a violation that the department determines was the direct
proximate cause of "serious bodily injury" as defined in Section
15610.67 of the Welfare and Institutions Code, the minimum civil
penalty shall be one thousand dollars ($1,000) and the maximum civil
penalty shall be ten thousand dollars ($10,000).  
   (f) For a violation that the department determines constitutes
"physical abuse" as defined in Section 15610.63 of the Welfare and
Institutions Code, but does not result in "serious bodily injury" as
defined in Section 15610.67 of the Welfare and Institutions Code, and
it is determined by the department that the abuse was committed by
the licensee or an employee of the licensee, the minimum civil
penalty shall be five hundred dollars ($500) and the maximum civil
penalty shall be two thousand five hundred dollars ($2,500). 

   (g) (1) In any action to enforce a citation issued under
subdivision (d) or (e), the department shall have the burden of
proving both of the following:  
   (A) The violation was a direct proximate cause of the death or
serious bodily injury of a resident.  
   (B) The death or serious bodily injury resulted from an occurrence
of a nature that the statute or regulation was designed to prevent.
 
   (2) If the department meets its burden of proof, the licensee
shall have the burden of proving that the licensee did what might
reasonably be expected of a residential care facility for the elderly
licensee, acting under similar circumstances, to comply with the
statute or regulation. If the licensee sustains this burden, then the
citation shall be dismissed.  
   (h) Prior to the issuance of a citation imposing a civil penalty
under subdivision (d) or (e), the decision shall be reviewed by the
department's legal division and approved by the deputy director.
 
   (d) 
    (i)  Notwithstanding Section 1569.33, any residential
care facility for the elderly that is cited for repeating the same
violation of this chapter within 12 months of the first violation is
subject to an immediate civil penalty of one  hundred fifty
  thousand  dollars  ($150) and fifty
  ($1,000) and, thereafter, an ongoing civil penalty of
two hundred  dollars  ($50)   ($200) 
for each day the violation continues until the  licensee submits
documentation demonstrating that the  deficiency is 
corrected.   corrected, if the correction is verified by
the department.  
   (e) 
    (j)  Any residential care facility for the elderly that
is assessed a civil penalty pursuant to subdivision  (d)
which   (i) that  repeats the same violation of
this chapter within 12 months of the violation subject to subdivision
 (d)   (i)  shall be assessed an immediate
civil penalty of  one   two  thousand
 dollars ($1,000) and one   dollars ($2,000)
and, thereafter, an ongoing civil penalty of two  hundred
dollars  ($100)   ($200)  for each day the
violation continues until the  licensee submits documentation
demonstrating that the  deficiency is  corrected.
  corrected, if the correction is verified by the
department.  
   (k) In assessing a civil penalty for a violation under this
section, the department shall consider all relevant information,
including, but not limited to, both of the following:  
   (1) The probability and severity of the risk of harm that the
violation presents to the residents' mental and physical condition.
 
   (2) The good faith efforts of the facility to prevent the
violation from occurring.  
   (l  ) In any enforcement action taken by the department, the
licensee shall be liable for the acts and omissions of its officers
and employees. 
   (f) 
    (m)  The department shall adopt regulations implementing
this section. 
   (n) The department shall, by January 1, 2016, adopt amendments to
its regulations adopted pursuant to this section in order to
incorporate changes necessary to accommodate amendments to this
section made by the act that added this subdivision. The regulations
adopted or amended by the department pursuant to subdivision (m)
shall remain in effect until amended by the department pursuant to
this subdivision.  
  SECTION 1.    Section 11403 of the Welfare and
Institutions Code is amended to read:
   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. A nonminor
former dependent child or ward of the juvenile court who is eligible
to receive AFDC-FC benefits pursuant to Section 11405 shall continue
to be eligible for as long as he or she satisfies the age criteria
set forth in subdivision (a) and any other program requirements. 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. 

  SEC. 2.    No appropriation pursuant to Section
15200 of the Welfare and Institutions Code shall be made for purposes
of implementing this act.  
  SEC. 3.    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.