Amended in Assembly May 7, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2668

Introduced by Assembly Member Quirk-Silva

February 21, 2014

An act to amend Sections 11465 and 16501.25 of, and to add begin delete Section 16501.26 end delete begin insert Sections 16501.26, 16501.27, and 16501.28 end insert to, the Welfare and Institutions Code, relating to social services.

LEGISLATIVE COUNSEL’S DIGEST

AB 2668, as amended, Quirk-Silva. Foster care: nonminor dependent parents.

Existing begin delete 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. Under existing law, end delete begin insert law provides aid and services to children placed in out-of-home care through various social service programs, including Aid to Families with Dependent Children-Foster Care (AFDC-FC) and the Kinship Guardianship Assistance Payment Program (Kin-GAP). Existing law provides that, end insert when a child is living with a parent who receives AFDC-FC begin insert or Kin-GAP end insert benefits, the rate paid to the begin delete foster care end delete provider on behalf of the parent begin delete shall end delete include an amount for care and supervision of the child, as specified. begin insert Existing law provides for specified payments in instances in which a child is living with a teen parent in a whole family foster home, as defined. end insert Existing law requires, under these circumstances, that a written shared responsibility plan be developed between the parent, his or her caregiver, and a representative of the county or other agency providing direct supervision to the caregiver. begin delete Under existing law, end delete begin insert Existing law requires that, end insert once begin delete the end delete begin insert this end insert plan has been completed and provided to the appropriate agencies, the payment made to the caregiver begin delete is end delete begin insert be end insert increased by an additional $200 per month to reflect the increased care and supervision of the child.

This bill begin insert , on or after July 1, 2015, end insert would begin insert similarly end insert authorize the development of a parenting support plan between a nonminor dependent parent who resides in a supervised independent living placement, an identified responsible adult who has agreed to act as a parenting mentor, and a representative of the county child welfare agency or probation department. The bill would authorize the nonminor dependent to provide the plan to the county child welfare agency or probation department, at which time he or she would receive an additional begin delete foster care end delete begin insert aid end insert payment of $200 per month. begin insert The bill would require the State Department of Social Services to convene a working group to develop and issue an all-county letter that specifies the minimum criteria a person must meet in order to serve as an identified responsible adult to a nonminor dependent parent, as specified. The bill would require a person who wishes to become an identified responsible adult to meet the minimum criteria described above, be at least 21 years of age, and undergo a state-level criminal records check, as specified. The bill would authorize a person who does not have a criminal record or who has been issued a criminal records exemption by a county, as specified, to serve as an identified responsible adult. end insert By increasing the duties of counties providing child welfare services, this bill would impose a state-mandated local program.

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.

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

SECTION 1.  

Section 11465 of the Welfare and Institutions
Code is amended to read:

11465.  

(a) When a child is living with a parent who receives
AFDC-FC or Kin-GAP benefits, the rate paid to the provider on
behalf of the parent shall include an amount for care and
supervision of the child.

(b) For each category of eligible licensed community care
facility, as defined in Section 1502 of the Health and Safety Code,
the department shall adopt regulations setting forth a uniform rate
to cover the cost of care and supervision of the child in each
category of eligible licensed community care facility.

(c) (1) On and after July 1, 1998, the uniform rate to cover the
cost of care and supervision of a child pursuant to this section shall
be increased by 6 percent, rounded to the nearest dollar. The
resultant amounts shall constitute the new uniform rate.

(2) (A) On and after July 1, 1999, the uniform rate to cover the
cost of care and supervision of a child pursuant to this section shall
be adjusted by an amount equal to the California Necessities Index
computed pursuant to Section 11453, rounded to the nearest dollar.
The resultant amounts shall constitute the new uniform rate, subject
to further adjustment pursuant to subparagraph (B).

(B) In addition to the adjustment specified in subparagraph (A),
on and after January 1, 2000, the uniform rate to cover the cost of
care and supervision of a child pursuant to this section shall be
increased by 2.36 percent, rounded to the nearest dollar. The
resultant amounts shall constitute the new uniform rate.

(3) Subject to the availability of funds, for the 2000-01 fiscal
year and annually thereafter, these rates shall be adjusted for cost
of living pursuant to procedures in Section 11453.

(4) On and after January 1, 2008, the uniform rate to cover the
cost of care and supervision of a child pursuant to this section shall
be increased by 5 percent, rounded to the nearest dollar. The
resulting amount shall constitute the new uniform rate.

(d) (1) Notwithstanding subdivisions (a) to (c), inclusive, the
payment made pursuant to this section for care and supervision of
a child who is living with a teen parent in a whole family foster
home, as defined in Section 11400, shall equal the basic rate for
children placed in a licensed or approved home as specified in
subdivisions (a) to (d), inclusive, and subdivision (g), of Section
11461.

(2) The amount paid for care and supervision of a dependent
infant living with a dependent teen parent receiving AFDC-FC
benefits in a group home placement shall equal the infant
supplement rate for group home placements.

(3) (A) The caregiver shall provide the county child welfare
agency or probation department with a copy of the shared
responsibility plan developed pursuant to Section 16501.25 and
shall advise the county child welfare agency or probation
department of any subsequent changes to the plan. Once the plan
has been completed and provided to the appropriate agencies, the
payment made pursuant to this section shall be increased by an
additional two hundred dollars ($200) per month to reflect the
increased care and supervision while he or she is placed in the
whole family foster home.

(B) A nonminor dependent parent residing in a supervised
independent living placement, as defined in subdivision (w) of
Section 11400, may provide the county child welfare agency or
probation department with a copy of the parenting support plan
developed pursuant to Section 16501.26 and shall advise the county
child welfare agency or probation department of any subsequent
changes to the plan. Once the plan has been completed and
provided to the appropriate agencies, the payment made pursuant
to this section shall be increased by an additional two hundred
dollars ($200) per month.

(4) In a year in which the payment provided pursuant to this
section is adjusted for the cost of living as provided in paragraph
(1) of subdivision (c), the payments provided for in this subdivision
shall also be increased by the same procedures.

(5) A Kin-GAP relative who, immediately prior to entering the
Kin-GAP program, was designated as a whole family foster home
shall receive the same payment amounts for the care and
supervision of a child who is living with a teen parent they received
in foster care as a whole family foster home.

(6) On and after January 1, 2012, the rate paid for a child living
with a teen parent in a whole family foster home as defined in
Section 11400 shall also be paid for a child living with a nonminor
dependent parent who is eligible to receive AFDC-FC or Kin-GAP
pursuant to Section 11403.

SEC. 2.  

Section 16501.25 of the Welfare and Institutions Code
is amended to read:

16501.25.  

(a) For the purposes of this section, “teen parent”
means a child who has been adjudged to be a dependent child or
ward of the court on the grounds that he or she is a person described
under Section 300 or 602, or a ward of a nonrelated legal guardian
whose guardianship was established pursuant to Section 360 or
366.26, living in out-of-home placement in a whole family foster
home, as defined in subdivision (u) of Section 11400, who is a
parent. Commencing January 1, 2012, “teen parent” also means a
nonminor dependent, as defined in subdivision (v) of Section
11400, who is living in a whole family foster home, as defined in
subdivision (t) of Section 11400, and is eligible for AFDC-FC or
Kin-GAP payments pursuant to Section 11403.

(b) (1) When the child of a teen parent is not subject to the
jurisdiction of the dependency court but is in the full or partial
physical custody of the teen parent, a written shared responsibility
plan shall be developed. The plan shall be developed between the
teen parent, caregiver, and a representative of the county child
welfare agency or probation department, and in the case of a
certified home, a representative of the agency providing direct and
immediate supervision to the caregiver. Additional input may be
provided by any individuals identified by the teen parent, the other
parent of the child, if appropriate, and other extended family
members. The plan shall be developed as soon as is practicably
possible. However, if one or more of the above stakeholders are
not available to participate in the creation of the plan within the
first 30 days of the teen parent’s placement, the teen parent and
caregiver may enter into a plan for the purposes of fulfilling the
requirements of subparagraph (A) of paragraph (3) of subdivision
(d) of Section 11465, which may be modified at a later time when
the other individuals become available.

(2) The plan shall be designed to preserve and strengthen the
teen parent family unit, as described in Section 16002.5, to assist
the teen parent in meeting the goals outlined in Section 16002.5,
to facilitate a supportive home environment for the teen parent and
the child, and to ultimately enable the teen parent to independently
provide a safe, stable, and permanent home for the child. The plan
shall in no way limit the teen parent’s legal right to make decisions
regarding the care, custody, and control of the child.

(3) The plan shall be written for the express purpose of aiding
the teen parent and the caregiver to reach agreements aimed at
reducing conflict and misunderstandings. The plan shall outline,
with as much specificity as is practicable, the duties, rights, and
responsibilities of both the teen parent and the caregiver with regard
to the child, and identify supportive services to be offered to the
teen parent by the caregiver or, in the case of a certified home, the
agency providing direct and immediate supervision to the caregiver,
or both. The plan shall be updated, as needed, to account for the
changing needs of infants and toddlers, and in accordance with
the teen parent’s changing school, employment, or other outside
responsibilities. The plan shall not conflict with the teen parent’s
case plan. Areas to be addressed by the plan include, but are not
limited to, all of the following:

(A) Feeding.

(B) Clothing.

(C) Hygiene.

(D) Purchase of necessary items, including, but not limited to,
safety items, food, clothing, and developmentally appropriate toys
and books. This includes both one-time purchases and items needed
on an ongoing basis.

(E) Health care.

(F) Transportation to health care appointments, child care, and
school, as appropriate.

(G) Provision of child care and babysitting.

(H) Discipline.

(I) Sleeping arrangements.

(J) Visits among the child, his or her noncustodial parent, and
other appropriate family members, including the responsibilities
of the teen parent, the caregiver, and the foster family agency, as
appropriate, for facilitating the visitation. The shared responsibility
plan shall not conflict with the teen parent’s case plan and any
visitation orders made by the court.

(c) Upon completion of the shared responsibility plan and any
subsequent updates to the plan, a copy shall be provided to the
teen parent and his or her attorney, the caregiver, the county child
welfare agency or probation department and, in the case of a
certified home, the agency providing direct and immediate
supervision to the caregiver.

(d) The shared responsibility plan requirements shall no longer
apply when the two hundred-dollar ($200) monthly payment is
made under the Kin-GAP program pursuant to Article 4.5
(commencing with Section 11360) or Article 4.7 (commencing
with Section 11385) of Chapter 2 of Part 3 to a former whole
family foster home pursuant to subdivision (a) of Section 11465.

SEC. 3.  

Section 16501.26 is added to the Welfare and
Institutions Code, to read:

16501.26.  

(a) For the purposes of this section, “nonminor
dependent parent” means a nonminor dependent as described in
subdivision (v) of Section 11400, residing in a supervised
independent living placement as defined in subdivision (w) of
Section 11400, who is a parent.

(b) When the child of a nonminor dependent parent is not subject
to the jurisdiction of the dependency court, but is in the full or
partial custody of the nonminor dependent, a written parenting
support plan may be developed between the nonminor dependent
parent and an identified responsible adult who has agreed to act
as a parenting mentor to the nonminor dependent parent. The plan,
if developed, shall be developed between the nonminor dependent
parent, the identified responsible adult, and a representative of the
county child welfare agency or probation department. Additional
input may be provided by any individuals identified by the
nonminor dependent parent, the other parent of the child, if
appropriate, and other extended family members. The plan shall
be developed as soon as is practicably possible. However, if one
or more of the above stakeholders are not available to participate
in the creation of the plan within the first 30 days of the nonminor
dependent parent’s request to enter into the plan, the nonminor
dependent parent and the identified responsible adult may enter
into a plan for the purposes of fulfilling the requirements of
subparagraph (B) of paragraph (3) of subdivision (d) of Section
11465, which may be modified at a later time when the other
individuals become available.

(1) The plan shall be designed to preserve and strengthen the
nonminor dependent parent family unit, as described in Section
16002.5, to assist the nonminor dependent parent in meeting the
goals outlined in Section 16002.5, to assist the nonminor dependent
parent in maintaining a safe, stable, and permanent home for the
child, and to support the nonminor dependent parent’s educational
and employment goals. The plan shall in no way limit the nonminor
dependent parent’s legal right to make decisions regarding the
care, custody, and control of the child.

(2) The plan shall be written for the express purpose of
identifying additional support and assisting the nonminor dependent
parent in providing the best care plan for his or her child. The plan
shall outline, with as much specificity as is practicable, the ways
in which the identified responsible adult will assist the nonminor
dependent parent with regard to the child, and identify supportive
services to be offered to the nonminor dependent parent by the
identified responsible adult. The plan shall be updated, as needed,
to account for the changing needs of infants and toddlers, and in
accordance with the nonminor dependent parent’s changing school,
employment, or other outside responsibilities. The plan shall not
conflict with the nonminor dependent parent’s transitional
independent living case plan or any visitation orders made by the
court. Areas to be addressed by the plan may include, but are not
limited to, all of the following:

(A) Transportation to health care appointments, child care, and
school, as appropriate.

(B) Providing child care and babysitting.

(c)  Upon completion of the parenting support plan and any
subsequent updates to the plan, a copy shall be provided to the
nonminor dependent parent and his or her attorney, the identified
responsible adult, and the county child welfare agency or probation
department.

begin insert (d) end insert begin insert   end insert begin insert This section shall become operative on July 1, 2015. end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 16501.27 is added to the end insert begin insert Welfare and
Institutions Code end insert begin insert , to read: end insert

begin insert

begin insert 16501.27. end insert   

(a) (1) For purposes of Section 16501.26, a person
who wishes to become an identified responsible adult to a nonminor
dependent parent shall meet the minimum criteria established
pursuant to Section 16501.28, be at least 21 years of age, and
undergo a state-level criminal records check to be conducted by
an appropriate government agency through the California Law
Enforcement Telecommunications System (CLETS) pursuant to
Section 16504.5. Within 10 calendar days following the criminal
records check conducted through CLETS, the social worker shall
ensure that a fingerprint clearance check of the potential identified
responsible adult is initiated through the Department of Justice
to ensure the accuracy of the criminal records check conducted
through CLETS and shall review the results of any criminal records
check to assess the appropriateness of the person. The Department
of Justice shall forward fingerprint requests for federal-level
criminal history information to the Federal Bureau of Investigation
pursuant to this section.

(2) An identification card from a foreign consulate or foreign
passport shall be considered a valid form of identification for
conducting a criminal records check and fingerprint clearance
check under this subdivision and under subdivision (b).

(b) The social worker shall also request that the Department of
Justice conduct a check of the potential identified responsible adult
within the Child Abuse Central Index pursuant to Section 11170
of the Penal Code.

(c) (1) If the results of the California and federal criminal
records check indicate that the person does not have a criminal
record, the individual may serve as an identified responsible adult
to a nonminor dependent parent.

(2) If the results of the criminal records check indicate that the
person has a criminal record, the county may issue a criminal
records exemption. However, the county shall not grant a criminal
records exemption to a person who has been convicted of a crime
specified in Section 290 of the Penal Code, for violating Section
245 or 273.5 of the Penal Code, subdivision (b) of Section 273a
of the Penal Code, or, prior to January 1, 1994, paragraph (2) of
Section 273a of the Penal Code. If a person receives a criminal
records exemption pursuant to this paragraph, he or she may serve
as an identified responsible adult to a nonminor dependent parent.

(d) This section shall become operative on July 1, 2015.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 16501.28 is added to the end insert begin insert Welfare and
Institutions Code end insert begin insert , to read: end insert

begin insert

begin insert 16501.28. end insert   

Notwithstanding the rulemaking provisions of 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 convene a working group no later
than February 1, 2015, that includes representatives of the County
Welfare Directors Association and child welfare advocates to
develop an all-county letter that specifies the minimum criteria a
person must meet in order to serve as an identified responsible
adult to a nonminor dependent parent. The working group shall
issue the letter to all counties by June 30, 2015.

end insert

begin delete SEC. 4. end delete
begin insert SEC. 6. end insert   

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.