Amended in Assembly April 2, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2454


Introduced by Assembly Member Quirk-Silva

February 21, 2014


An act to amend Sectionbegin delete 11403end deletebegin insert 388.1end insert of the Welfare and Institutions Code, relating to public social services.

LEGISLATIVE COUNSEL’S DIGEST

AB 2454, as amended, Quirk-Silva. Foster youth: nonminor dependents.

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Existing law provides aid and services to children placed in out-of-home care through various public assistance programs, including Aid to Families with Dependent Children-Foster Care (AFDC-FC), Kinship Guardianship Assistance Payment Program (Kin-GAP), and the Adoption Assistance Program. Existing law provides that a minor who has been abused or neglected, or who has violated a law or ordinance, as specified, is within the jurisdiction of the juvenile court as a dependent child or a ward, respectively. Existing law also establishes the court’s transition jurisdiction over certain minors and nonminors, as specified.

end insert
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Existing law authorizes a nonminor who has not attained 21 years of age to petition the juvenile court for a hearing to determine whether to assume dependency jurisdiction over the nonminor if he or she received public assistance after attaining 18 years of age, as specified, and the nonminor’s former guardian or guardians or adoptive parent or parents died after he or she attained 18 years of age, but before he or she attains 21 years of age. Prior to the hearing, existing law requires the court to order the county child welfare or probation department to prepare a report for the court that addresses the nonminor’s educational or vocational plans, as specified, and recommendations for his or her placement. Existing law requires the placement and care of a former dependent or ward to be under the responsibility of specified local agencies, including either the county welfare services department or probation department, and requires the agency made responsible for the nonminor’s placement and care to prepare a new transitional independent living case plan, as specified.

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This bill would additionally authorize a nonminor who has not attained 21 years of age to petition the court, as described above, if the nonminor received public assistance after attaining 18 years of age, as specified, and his or her former guardian or guardians or adoptive parent or parents fail to provide ongoing support, and the court determines that it is in the nonminor’s best interest for the court to assume dependency jurisdiction. By expanding the number of persons who are eligible to petition the juvenile court to assume dependency jurisdiction, the bill would increase the duties of social workers and probation officers, thereby creating a state-mandated local program.

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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.

end insert
begin insert

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.

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 California Work Opportunity and Responsibility to Kids (CalWORKs), Aid to Families with Dependent Children-Foster Care (AFDC-FC), Kinship Guardianship Assistance Payment Program (Kin-Gap), and the Adoption Assistance 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, including, that the nonminor is employed for at least 80 hours per month or enrolled in an institution that provides postsecondary or vocational education.

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

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 388.1 of the end insertbegin insertWelfare and Institutions Codeend insert
2begin insert is amended to read:end insert

3

388.1.  

(a) On and after January 1, 2014, a nonminor who has
4not attained 21 years of age may petition the court in which he or
5she was previously found to be a dependent or delinquent child of
6the juvenile court for a hearing to determine whether to assume
7dependency jurisdiction over the nonminor, if he or she meets
8begin delete eitherend deletebegin insert anyend insert of the following descriptions:

9(1) He or she is a nonminor former dependent, as defined in
10subdivision (aa) of Section 11400, who received aid after attaining
1118 years of age under Kin-GAP pursuant to Article 4.5
12(commencing with Section 11360) or Article 4.7 (commencing
13with Section 11385) of Chapter 2 of Part 3 of Division 9, or
14pursuant to subdivision (e) of Section 11405, and whose former
15guardian or guardians died after the nonminor attained 18 years
16of age, but before he or she attains 21 years of age.

begin insert

17(2) He or she is a nonminor former dependent, as defined in
18subdivision (aa) of Section 11400, who received aid after attaining
1918 years of age under Kin-GAP pursuant to Article 4.5
20(commencing with Section 11360) or Article 4.7 (commencing with
21Section 11385) of Chapter 2 of Part 3 of Division 9, or pursuant
22to subdivision (e) of Section 11405, and whose former guardian
23or guardians are failing to provide ongoing support to the
24nonminor after the nonminor attained 18 years of age, but before
25he or she attains 21 years of age, and the court determines that it
26is in the nonminor’s best interest for the court to assume
27dependency jurisdiction.

end insert
begin delete

28(2)

end delete

29begin insert(3)end insert He or she is a nonminor who received adoption assistance
30payments after attaining 18 years of age pursuant to Chapter 2.1
31(commencing with Section 16115) of Part 4 of Division 9 and his
32or her adoptive parent or parents died after the nonminor attained
3318 years of age, but before he or she attains 21 years of age.

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P4    1(4) He or she is a nonminor who received adoption assistance
2payments after attaining 18 years of age pursuant to Chapter 2.1
3(commencing with Section 16115) of Part 4 of Division 9 and his
4or her adoptive parent or parents are failing to provide ongoing
5support to the nonminor after the nonminor attained 18 years of
6age, but before he or she attains 21 years of age, and the court
7determines that it is in the nonminor’s best interest for the court
8to assume dependency jurisdiction.

end insert

9(b) (1) The petition to assume jurisdiction may be filed in either
10of the following:

11(A) The juvenile court that established the guardianship pursuant
12to Section 360, Section 366.26, or subdivision (d) of Section 728.

13(B) The juvenile court that had jurisdiction over the minor or
14nonminor dependent when his or her adoption was finalized.

15(2) A nonminor described in subdivision (a) may submit a
16petition to assume dependency jurisdiction to the juvenile court
17in the county where he or she resides. A petition submitted pursuant
18to this paragraph shall, within five days of submission, be
19forwarded to the court that had jurisdiction over the child at the
20time of the guardianship or adoption. The clerk of the court that
21had jurisdiction over the child at the time of the guardianship or
22adoption shall file the petition within one judicial day of receipt.

23(c) (1) The juvenile court in which the petition was filed shall
24order a hearing to be held within 15 judicial days of the date the
25petition was filed if there is a prima facie showing that the
26nonminor satisfiesbegin delete theend delete all of the following criteria:

27(A) He or she was a minor under juvenile court jurisdiction at
28the time of the establishment of a guardianship pursuant to Section
29360, Section 366.26, or subdivision (d) of Section 728, or he or
30she was a minor or nonminor dependent when his or her adoption
31was finalized.

32(B) begin insert(i)end insertbegin insertend insertHis or her guardian or guardians, or adoptive parent or
33parents, as applicable, died after the nonminor attained 18 years
34of age, but before he or she attained 21 years of age.

begin insert

35(ii) His or her guardian or guardians, or adoptive parent or
36parents, as applicable, are failing to provide ongoing support to
37the nonminor after the nonminor attained 18 years of age, but
38before he or she attained 21 years of age, and it is the nonminor’s
39best interest for the court to assume dependency jurisdiction.

end insert

P5    1(C) He or she intends to satisfy at least one of the conditions
2set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of
3Section 11403.

4(D) He or she is requesting assistance in maintaining or securing
5appropriate supervised placement, or needs immediate placement
6and agrees to supervised placement pursuant to the voluntary
7reentry agreement described in subdivision (z) of Section 11400.

8(2) Upon ordering a hearing, the court shall give prior notice,
9or cause prior notice to be given, to the nonminor, the appropriate
10child welfare agency or probation department, and any other person
11requested by the nonminor in the petition.

12(3) Pursuant to applicable rules of court, the juvenile court shall
13allow for telephonic appearances by the nonminor in these
14proceedings and in any proceeding in which the nonminor
15dependent is a party.

16(4) Prior to the hearing, the court shall order the county child
17welfare or probation department to prepare a report for the court
18that addresses both of the following:

19(A) The nonminor’s plans to satisfy at least one of the criteria
20set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of
21Section 11403.

22(B) The appropriate placement setting for the nonminor. When
23the recommendation is for the nonminor to be placed in a setting
24where minor dependents also reside, the results of a background
25check of the petitioning nonminor conducted pursuant to Section
2616504.5 may be used by the placing agency to determine
27appropriate placement options for him or her.

28(5) The court shall assume dependency jurisdiction over a former
29dependent or ward, and order his or her placement and care be
30under the responsibility of the county child welfare services
31department, the probation department, tribe, consortium of tribes,
32or tribal organization, if the court finds all of the following:

33(A) The nonminor was a minor under juvenile court jurisdiction
34at the time of the establishment of a guardianship pursuant to
35Section 360, Section 366.26, or subdivision (d) of Section 728, or
36he or she was a dependent at the time his or her adoption was
37finalized.

38(B) The nonminor has not attained 21 years of age.

39(C) Reentry and remaining in foster care are in the nonminor’s
40 best interests.

P6    1(D) The nonminor intends to satisfy, and agrees to satisfy, at
2least one of the criteria set forth in paragraphs (1) to (5), inclusive,
3of subdivision (b) of Section 11403, and demonstrates his or her
4agreement to placement in a supervised setting under the placement
5and care responsibility of the placing agency by signing the
6voluntary reentry agreement described in subdivision (z) of Section
711400.

8(6) The existence of a criminal conviction is not a bar to
9eligibility for reentry to foster care or assumption of dependency
10jurisdiction over a nonminor.

11(7) The court shall not grant a continuance that would cause the
12hearing to be completed more than 120 days after the date the
13petition is filed.

14(d) The agency made responsible for the nonminor’s placement
15 and care pursuant to paragraph (5) of subdivision (c) shall prepare
16a new transitional independent living case plan within 60 calendar
17days of the date the nonminor signs the voluntary reentry agreement
18and shall submit the plan to the court for the review hearing
19specified in Section 366.31, to be held within 70 days of the
20assumption of dependency jurisdiction. The review hearing under
21Section 366.31 shall not be held more than 170 calendar days from
22the date the nonminor signs the voluntary reentry agreement.

23(e) (1) A nonminor described in subdivision (a) may enter into
24a voluntary reentry agreement as defined in subdivision (z) of
25Section 11400 in order to establish eligibility for foster care
26benefits under subdivision (e) of Section 11401 before or after
27filing a petition to assume dependency jurisdiction. If the nonminor
28enters into a voluntary reentry agreement prior to filing the petition,
29the nonminor is entitled to placement and supervision pending the
30court’s assumption of jurisdiction.

31(2) If the nonminor completes a voluntary reentry agreement
32with a placing agency, the placing agency shall file the petition to
33assume dependency jurisdiction on behalf of the nonminor within
3415 judicial days of the date the agreement is signed, unless the
35nonminor elects to file the petition at an earlier date.

36begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

If the Commission on State Mandates determines that
37this act contains costs mandated by the state, reimbursement to
38local agencies and school districts for those costs shall be made
39pursuant to Part 7 (commencing with Section 17500) of Division
404 of Title 2 of the Government Code.

end insert
begin delete
P7    1

SECTION 1.  

Section 11403 of the Welfare and Institutions Code
2 is amended to read:

3

11403.  

(a) It is the intent of the Legislature to exercise the
4option afforded states under Section 475(8) (42 U.S.C. Sec.
5675(8)), and Section 473(a)(4) (42 U.S.C. Sec. 673(a)(4)) of the
6federal Social Security Act, as contained in the federal Fostering
7Connections to Success and Increasing Adoptions Act of 2008
8(Public Law 110-351), to receive federal financial participation
9for nonminor dependents of the juvenile court who satisfy the
10conditions of subdivision (b), consistent with their transitional
11independent living case plan. Effective January 1, 2012, these
12nonminor dependents shall be eligible to receive support up to 19
13years of age, effective January 1, 2013, up to 20 years of age, and
14effective January 1, 2014, up to 21 years of age, consistent with
15their transitional independent living case plan and as described in
16Section 10103.5. It is the intent of the Legislature both at the time
17of initial determination of the nonminor dependent’s eligibility
18and throughout the time the nonminor dependent is eligible for aid
19pursuant to this section, that the social worker or probation officer
20or Indian tribal placing entity and the nonminor dependent shall
21work together to ensure the nonminor dependent’s ongoing
22eligibility. All case planning shall be a collaborative effort between
23the nonminor dependent and the social worker, probation officer,
24or Indian tribe, with the nonminor dependent assuming increasing
25levels of responsibility and independence.

26(b) A nonminor dependent receiving aid pursuant to this chapter,
27who satisfies the age criteria set forth in subdivision (a), shall meet
28the legal authority for placement and care by being under a foster
29care placement order by the juvenile court, or the voluntary reentry
30agreement as set forth in subdivision (z) of Section 11400, and is
31otherwise eligible for AFDC-FC payments pursuant to Section
3211401. A nonminor who satisfies the age criteria set forth in
33subdivision (a), and who is otherwise eligible, shall continue to
34receive CalWORKs payments pursuant to Section 11253 or, as a
35nonminor former dependent or ward, aid pursuant to Kin-GAP
36under Article 4.5 (commencing with Section 11360) or Article 4.7
37(commencing with Section 11385) or adoption assistance payments
38as specified in Chapter 2.1 (commencing with Section 16115) of
39Part 4. Effective January 1, 2012, a nonminor former dependent
40child or ward of the juvenile court who is receiving AFDC-FC
P8    1benefits pursuant to Section 11405 and who satisfies the criteria
2set forth in subdivision (a) shall be eligible to continue to receive
3aid as long as the nonminor is otherwise eligible for AFDC-FC
4benefits under this subdivision. This subdivision shall apply when
5one or more of the following conditions exist:

6(1) The nonminor is completing secondary education or a
7program leading to an equivalent credential.

8(2) The nonminor is enrolled in an institution that provides
9postsecondary or vocational education.

10(3) The nonminor is participating in a program or activity
11designed to promote, or remove barriers to employment.

12(4) The nonminor is employed for at least 80 hours per month.

13(5) The nonminor is incapable of doing any of the activities
14described in subparagraphs (1) to (4), inclusive, due to a medical
15condition, and that incapability is supported by regularly updated
16 information in the case plan of the nonminor. The requirement to
17update the case plan under this section shall not apply to nonminor
18former dependents or wards in receipt of Kin-GAP program or
19Adoption Assistance Program payments.

20(c) The county child welfare or probation department, Indian
21tribe, consortium of tribes, or tribal organization that has entered
22into an agreement pursuant to Section 10553.1, shall work together
23with a nonminor dependent who is in foster care on his or her 18th
24birthday and thereafter or a nonminor former dependent receiving
25aid pursuant to Section 11405, to satisfy one or more of the
26conditions described in paragraphs (1) to (5), inclusive, of
27subdivision (b) and shall certify the nonminor’s applicable
28condition or conditions in the nonminor’s six-month transitional
29independent living case plan update, and provide the certification
30to the eligibility worker and to the court at each six-month case
31plan review hearing for the nonminor dependent. Relative
32guardians who receive Kin-GAP payments and adoptive parents
33who receive adoption assistance payments shall be responsible for
34reporting to the county welfare agency that the nonminor does not
35satisfy at least one of the conditions described in subdivision (b).
36The social worker, probation officer, or tribal entity shall verify
37and obtain assurances that the nonminor dependent continues to
38satisfy at least one of the conditions in paragraphs (1) to (5),
39inclusive, of subdivision (b) at each six-month transitional
40independent living case plan update. The six-month case plan
P9    1update shall certify the nonminor’s eligibility pursuant to
2subdivision (b) for the next six-month period. During the six-month
3certification period, the payee and nonminor shall report any
4change in placement or other relevant changes in circumstances
5that may affect payment. The nonminor dependent, or nonminor
6former dependent receiving aid pursuant to subdivision (e) of
7Section 11405, shall be informed of all due process requirements,
8in accordance with state and federal law, prior to an involuntary
9termination of aid, and shall simultaneously be provided with a
10written explanation of how to exercise his or her due process rights
11and obtain referrals to legal assistance. Any notices of action
12regarding eligibility shall be sent to the nonminor dependent or
13former dependent, his or her counsel, as applicable, and the placing
14worker, in addition to any other payee. Payments of aid pursuant
15to Kin-GAP under Article 4.5 (commencing with Section 11360)
16or Article 4.7 (commencing with Section 11385), adoption
17assistance payments as specified in Chapter 2.1 (commencing with
18Section 16115) of Part 4, or aid pursuant to subdivision (e) of
19Section 11405 that are made on behalf of a nonminor former
20dependent shall terminate subject to the terms of the agreements.
21Subject to federal approval of amendments to the state plan, aid
22payments may be suspended and resumed based on changes of
23circumstances that affect eligibility. Nonminor former dependents,
24as identified in paragraph (2) of subdivision (aa) of Section 11400,
25are not eligible for reentry under subdivision (e) of Section 388 as
26nonminor dependents under the jurisdiction of the juvenile court,
27unless (1) the nonminor former dependent was receiving aid
28pursuant to Kin-GAP under Article 4.5 (commencing with Section
2911360) or Article 4.7 (commencing with Section 11385), or the
30nonminor former dependent was receiving aid pursuant to
31subdivision (e) of Section 11405, or the nonminor was receiving
32adoption assistance payments as specified in Chapter 2.1
33(commencing with Section 16115) of Part 3 and (2) the nonminor’s
34former guardian or adoptive parent dies after the nonminor turns
3518 years of age but before the nonminor turns 21 years of age.
36Nonminor former dependents requesting the resumption of
37AFDC-FC payments pursuant to subdivision (e) of Section 11405
38shall complete the applicable portions of the voluntary reentry
39agreement, as described in subdivision (z) of Section 11400.

P10   1(d) A nonminor dependent may receive all of the payment
2directly provided that the nonminor is living independently in a
3supervised placement, as described in subdivision (w) of Section
411400, and that both the youth and the agency responsible for the
5foster care placement have signed a mutual agreement, as defined
6in subdivision (u) of Section 11400, if the youth is capable of
7making an informed agreement, that documents the continued need
8for supervised out-of-home placement, and the nonminor’s and
9social worker’s or probation officer’s agreement to work together
10to facilitate implementation of the mutually developed supervised
11placement agreement and transitional independent living case plan.

12(e) Eligibility for aid under this section shall not terminate until
13the nonminor dependent attains the age criteria, as set forth in
14subdivision (a), but aid may be suspended when the nonminor
15dependent no longer resides in an eligible facility, as described in
16Section 11402, or is otherwise not eligible for AFDC-FC benefits
17under Section 11401, or terminated at the request of the nonminor,
18or after a court terminates dependency jurisdiction pursuant to
19Section 391, delinquency jurisdiction pursuant to Section 607.2,
20or transition jurisdiction pursuant to Section 452. AFDC-FC
21benefits to nonminor dependents, may be resumed at the request
22of the nonminor by completing a voluntary reentry agreement
23pursuant to subdivision (z) of Section 11400, before or after the
24filing of a petition filed pursuant to subdivision (e) of Section 388
25after a court terminates dependency or transitional jurisdiction
26pursuant to Section 391, or delinquency jurisdiction pursuant to
27Section 607.2. The county welfare or probation department or
28Indian tribal entity that has entered into an agreement pursuant to
29Section 10553.1 shall complete the voluntary reentry agreement
30with the nonminor who agrees to satisfy the criteria of the
31agreement, as described in subdivision (z) of Section 11400. The
32county welfare department or tribal entity shall establish a new
33child-only Title IV-E eligibility determination based on the
34nonminor’s completion of the voluntary reentry agreement pursuant
35to Section 11401. The beginning date of aid for either federal or
36state AFDC-FC for a reentering nonminor who is placed in foster
37care is the date the voluntary reentry agreement is signed or the
38nonminor is placed, whichever is later. The county welfare
39department, county probation department, or tribal entity shall
P11   1provide a nonminor dependent who wishes to continue receiving
2aid with the assistance necessary to meet and maintain eligibility.

3(f) (1) The county having jurisdiction of the nonminor
4dependent shall remain the county of payment under this section
5regardless of the youth’s physical residence. Nonminor former
6dependents receiving aid pursuant to subdivision (e) of Section
711405 shall be paid by their county of residence. Counties may
8develop courtesy supervision agreements to provide case
9management and independent living services by the county of
10residence pursuant to the nonminor dependent’s transitional
11independent living case plan. Placements made out of state are
12subject to the applicable requirements of the Interstate Compact
13on Placement of Children, pursuant to Part 5 (commencing with
14Section 7900) of Division 12 of the Family Code.

15(2) The county welfare department, county probation
16department, or tribal entity shall notify all foster youth who attain
1716 years of age and are under the jurisdiction of that county or
18tribe, including those receiving Kin-GAP, and AAP, of the
19existence of the aid prescribed by this section.

20(3) The department shall seek any waiver to amend its Title
21IV-E State Plan with the Secretary of the United States Department
22of Health and Human Services necessary to implement this section.

23(g) (1) Subject to paragraph (3), a county shall pay the
24nonfederal share of the cost of extending aid pursuant to this
25section to eligible nonminor dependents who have reached 18
26years of age and who are under the jurisdiction of the county,
27including AFDC-FC payments pursuant to Section 11401, aid
28pursuant to Kin-GAP under Article 4.7 (commencing with Section
2911385), adoption assistance payments as specified in Chapter 2.1
30(commencing with Section 16115) of Part 4, and aid pursuant to
31Section 11405 for nonminor dependents who are residing in the
32county as provided in paragraph (1) of subdivision (f). A county
33shall contribute to the CalWORKs payments pursuant to Section
3411253 and aid pursuant to Kin-GAP under Article 4.5 (commencing
35with Section 11360) at the statutory sharing ratios in effect on
36January 1, 2012.

37(2) Subject to paragraph (3), a county shall pay the nonfederal
38share of the cost of providing permanent placement services
39pursuant to subdivision (c) of Section 16508 and administering
40the Aid to Families with Dependent Children Foster Care program
P12   1pursuant to Section 15204.9. For purposes of budgeting, the
2department shall use a standard for the permanent placement
3services that is equal to the midpoint between the budgeting
4standards for family maintenance services and family reunification
5services.

6(3) (A) (i) Notwithstanding any other law, a county’s required
7total contribution pursuant to paragraphs (1) and (2), excluding
8costs incurred pursuant to Section 10103.5, shall not exceed the
9amount of savings in Kin-GAP assistance grant expenditures
10realized by the county from the receipt of federal funds due to the
11implementation of Article 4.7 (commencing with Section 11385),
12and the amount of funding specifically included in the Protective
13Services Subaccount within the Support Services Account within
14the Local Revenue Fund 2011, plus any associated growth funding
15from the Support Services Growth Subaccount within the Sales
16and Use Tax Growth Account to pay the costs of extending aid
17pursuant to this section.

18(ii) A county, at its own discretion, may expend additional funds
19beyond the amounts identified in clause (i). These additional
20amounts shall not be included in any cost and savings calculations
21or comparisons performed pursuant to this section.

22(B) Beginning in the 2011-12 fiscal year, and for each fiscal
23year thereafter, funding and expenditures for programs and
24activities under this section shall be in accordance with the
25requirements provided in Sections 30025 and 30026.5 of the
26Government Code. In addition, the following are available to the
27counties for the purpose of funding costs pursuant to this section:

28(i) The savings in Kin-GAP assistance grant expenditures
29realized from the receipt of federal funds due to the implementation
30of Article 4.7 (commencing with Section 11385).

31(ii) The savings realized from the change in federal funding for
32adoption assistance resulting from the enactment of Public Law
33110-351 and consistent with subdivision (d) of Section 16118.

34(4) (A) The limit on the county’s total contribution pursuant to
35paragraph (3) shall be assessed by the State Department of Social
36Services, in conjunction with the California State Association of
37Counties, in 2015-16, to determine if it shall be removed. The
38assessment of the need for the limit shall be based on a
39determination on a statewide basis of whether the actual county
40costs of providing extended care pursuant to this section, excluding
P13   1costs incurred pursuant to Section 10103.5, are fully funded by
2the amount of savings in Kin-GAP assistance grant expenditures
3realized by the counties from the receipt of federal funds due to
4the implementation of Article 4.7 (commencing with Section
511385) and the amount of funding specifically included in the
6Protective Services Subaccount within the Support Services
7Account within the Local Revenue Fund 2011 plus any associated
8growth funding from the Support Services Growth Subaccount
9within the Sales and Use Tax Growth Account to pay the costs of
10extending aid pursuant to this section.

11(B) If the assessment pursuant to subparagraph (A) shows that
12the statewide total costs of extending aid pursuant to this section,
13excluding costs incurred pursuant to Section 10103.5, are fully
14 funded by the amount of savings in Kin-GAP assistance grant
15expenditures realized by the counties from the receipt of federal
16funds due to the implementation of Article 4.7 (commencing with
17Section 11385) and the amount of funding specifically included
18in the Protective Services Subaccount within the Support Services
19Account within the Local Revenue Fund 2011 plus any associated
20growth funding from the Support Services Growth Subaccount
21 within the Sales and Use Tax Growth Account to pay the costs of
22extending aid pursuant to this section, the Department of Finance
23shall certify that fact, in writing, and shall post the certification on
24its Internet Web site, at which time subparagraph (A) of paragraph
25(3) shall no longer be implemented.

26(h) It is the intent of the Legislature that no county currently
27participating in the Child Welfare Demonstration Capped
28Allocation Project be adversely impacted by the department’s
29exercise of its option to extend foster care benefits pursuant to
30Section 673(a)(4) and Section 675(8) of Title 42 of the United
31States Code in the federal Social Security Act, as contained in the
32federal Fostering Connections to Success and Increasing Adoptions
33Act of 2008 (Public Law 110-351). Therefore, the department shall
34negotiate with the United States Department of Health and Human
35Services on behalf of those counties that are currently participating
36in the demonstration project to ensure that those counties receive
37reimbursement for these new programs outside of the provisions
38of those counties’ waiver under Subtitle IV-E (commencing with
39Section 470) of the federal Social Security Act (42 U.S.C. Sec.
40670 et seq.).

P14   1(i) The department, on or before July 1, 2013, shall develop
2regulations to implement this section in consultation with
3concerned stakeholders, including, but not limited to,
4representatives of the Legislature, the County Welfare Directors
5 Association, the Chief Probation Officers of California, the Judicial
6Council, representatives of Indian tribes, the California Youth
7Connection, former foster youth, child advocacy organizations,
8labor organizations, juvenile justice advocacy organizations, foster
9caregiver organizations, and researchers. In the development of
10these regulations, the department shall consider its Manual of
11Policy and Procedures, Division 30, Chapter 30-912, 913, 916,
12and 917, as guidelines for developing regulations that are
13appropriate for young adults who can exercise incremental
14responsibility concurrently with their growth and development.
15The department, in its consultation with stakeholders, shall take
16into consideration the impact to the Automated Child Welfare
17Services Case Management Services (CWS-CMS) and required
18modifications needed to accommodate eligibility determination
19under this section, benefit issuance, case management across
20counties, and recognition of the legal status of nonminor
21dependents as adults, as well as changes to data tracking and
22reporting requirements as required by the Child Welfare System
23Improvement and Accountability Act as specified in Section
2410601.2, and federal outcome measures as required by the federal
25John H. Chafee Foster Care Independence Program (42 U.S.C.
26Sec. 677(f)). In addition, the department, in its consultation with
27stakeholders, shall define the supervised independent living setting
28which shall include, but not be limited to, apartment living, room
29and board arrangements, college or university dormitories, and
30shared roommate settings, and define how those settings meet
31health and safety standards suitable for nonminors. The department,
32in its consultation with stakeholders, shall define the six-month
33certification of the conditions of eligibility pursuant to subdivision
34(b) to be consistent with the flexibility provided by federal policy
35guidance, to ensure that there are ample supports for a nonminor
36to achieve the goals of his or her transition independent living case
37 plan. The department, in its consultation with stakeholders, shall
38ensure that notices of action and other forms created to inform the
39nonminor of due process rights and how to access them shall be
P14   1developed, using language consistent with the special needs of the
2nonminor dependent population.

3(j) Notwithstanding the Administrative Procedure Act, Chapter
43.5 (commencing with Section 11340) of Part 1 of Division 3 of
5Title 2 of the Government Code, the department shall prepare for
6implementation of the applicable provisions of this section by
7publishing, after consultation with the stakeholders listed in
8subdivision (i), all-county letters or similar instructions from the
9director by October 1, 2011, to be effective January 1, 2012. The
10director may adopt emergency regulations to implement the
11applicable provisions of this act in accordance with the
12Administrative Procedure Act. The initial adoption of the
13emergency regulations and one readoption of the emergency
14regulations shall be deemed to be an emergency and necessary for
15the immediate preservation of the public peace, health, safety, or
16general welfare. Initial emergency regulations and the first
17readoption of those emergency regulations shall be exempt from
18review by the Office of Administrative Law. The emergency
19regulations authorized by this section shall be submitted to the
20Office of Administrative Law for filing with the Secretary of State
21and shall remain in effect for no more than 180 days.

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

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