SB 522, as introduced, Rubio. Dependent children: supplemental reports: Supplemental Security Income benefits.
Existing federal law, the Social Security Act, provides for benefits for eligible beneficiaries, including Supplemental Security Income (SSI) benefits for, among others, blind and disabled children. The act authorizes a person or entity to be appointed as a representative payee for a beneficiary who cannot manage or direct the management of his or her money. Existing law requires a county to apply to become a child’s representative payee for purposes of these federal benefits during the time the child is placed in foster care.
Existing law establishes the jurisdiction of the juvenile court, which is authorized to adjudge certain children to be dependents of the court under certain circumstances, and prescribes various hearings and other procedures for these purposes, including the periodic review of the status of every dependent child in foster care, as determined by the court. Existing law requires a supplemental report, with specified contents, to be filed in connection with this review, as specified.
This bill would require the supplemental report to include information regarding whether the county has applied to become the child’s representative payee for SSI benefits and whether the county, or any individual known to the county, has been appointed to serve as representative payee for a child who is receiving SSI benefits while in the county’s custody.
By requiring counties to provide additional information in supplemental reports, 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 366.1 of the Welfare and Institutions
2Code is amended to read:
Each supplemental report required to be filed pursuant
4to Section 366 shall include, but not be limited to, a factual
5discussion of each of the following subjects:
6(a) Whether the county welfare department social worker has
7considered child protective services, asbegin delete definedend deletebegin insert describedend insert in
8Chapter 5 (commencing with Section 16500) of Part 4 of Division
99, as a possible solution to the problems at hand, and has offered
10those services to qualified parents, if appropriate under the
11circumstances.
12(b) What plan, if any, for the return and maintenance of the
13child in a safe home is recommended to the court by the county
14welfare department social worker.
15(c) Whether the subject child appears to be a person who is
16eligible to be considered for further court action to free the child
17from parental custody and control.
18(d) What actions, if any, have been taken by the parent to correct
19the problems that caused the child to be made a dependent child
20of the court.
21(e) If the parent or guardian is unwilling or unable to participate
22in making an educational decision for his or her child, or if other
23circumstances exist that compromise the ability of the parent or
24guardian to make educational decisions for the child, the county
25welfare department or social worker shall consider whether the
P3 1right of the parent
or guardian to make educational decisions for
2the child should be limited. If the supplemental report makes that
3recommendation, the report shall identify whether there is a
4responsible adult available to make educational decisions for the
5child pursuant to Section 361.
6(f) (1) Whether the child has any siblings under the court’s
7jurisdiction, and, if any siblings exist, all of the following:
8(A) The nature of the relationship between the child and his or
9her siblings.
10(B) The appropriateness of developing or maintaining the sibling
11relationships pursuant to Section 16002.
12(C) If the siblings are not placed together in the same home,
13why the siblings are not placed together and what efforts are being
14made to place the siblings
together, or why those efforts are not
15appropriate.
16(D) If the siblings are not placed together, the frequency and
17nature of the visits between siblings.
18(E) The impact of the sibling relationships on the child’s
19placement and planning for legal permanence.
20(2) The factual discussion shall include a discussion of indicators
21of the nature of the child’s sibling relationships, including, but not
22limited to, whether the siblings were raised together in the same
23home, whether the siblings have shared significant common
24experiences or have existing close and strong bonds, whether either
25sibling expresses a desire to visit or live with his or her sibling, as
26applicable, and whether ongoing contact is in the child’s best
27emotional interests.
28(g) Whether a
child who is 10 years of age or older and who
29has been in an out-of-home placement for six months or longer
30has relationships with individuals other than the child’s siblings
31that are important to the child, consistent with the child’s best
32interests, and actions taken to maintain those relationships. The
33social worker shall ask every child who is 10 years of age or older
34and who has been in an out-of-home placement for six months or
35longer to identify any individuals other than the child’s siblings
36who are important to the child, consistent with the child’s best
37interest. The social worker may ask any other child to provide that
38information, as appropriate.
39(h) The implementation and operation of the amendments to
40subdivision (g) enacted at the 2005-06 Regular Session shall be
P4 1subject to appropriation through the budget process and by phase,
2as provided in Section 366.35.
3(i) Whether the county has applied to become the child’s
4representative payee for Supplemental Security Income (SSI)
5benefits and whether the county, or any other individual known to
6the county, has been appointed by the federal Social Security
7Administration to serve as representative payee for a child who is
8receiving SSI benefits while in the county’s custody.
If the Commission on State Mandates determines
10that this act contains costs mandated by the state, reimbursement
11to local agencies and school districts for those costs shall be made
12pursuant to Part 7 (commencing with Section 17500) of Division
134 of Title 2 of the Government Code.
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