SB 522,
as amended, begin deleteRubioend delete begin insertHuesoend insert. 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, withbegin delete specifiedend deletebegin insert prescribedend insert 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 asbegin insert theend insert 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, as described in Chapter 5
8(commencing with Section 16500) of Part 4 of Division 9, as a
9possible solution to the problems at hand, and has offered those
10services to qualified parents, if appropriate under the circumstances.
11(b) What plan, if any, for the return and maintenance of the
12child in a safe home is recommended to the court by the county
13welfare
department social worker.
14(c) Whether the subject child appears to be a person who is
15eligible to be considered for further court action to free the child
16from parental custody and control.
17(d) What actions, if any, have been taken by the parent to correct
18the problems that caused the child to be made a dependent child
19of the court.
20(e) If the parent or guardian is unwilling or unable to participate
21in making an educational decision for his or her child, or if other
22circumstances exist that compromise the ability of the parent or
P3 1guardian to make educational decisions for the child, the county
2welfare department or social worker shall consider whether the
3right of the parent or guardian to make educational decisions
for
4the child should be limited. If the supplemental report makes that
5recommendation, the report shall identify whether there is a
6responsible adult available to make educational decisions for the
7child pursuant to Section 361.
8(f) (1) Whether the child has any siblings under the court’s
9jurisdiction, and, if any siblings exist, all of the following:
10(A) The nature of the relationship between the child and his or
11her siblings.
12(B) The appropriateness of developing or maintaining the sibling
13relationships pursuant to Section 16002.
14(C) If the siblings are not placed together in the same home,
15why the siblings are not placed together and what
efforts are being
16made to place the siblings together, or why those efforts are not
17appropriate.
18(D) If the siblings are not placed together, the frequency and
19nature of the visits between siblings.
20(E) The impact of the sibling relationships on the child’s
21placement and planning for legal permanence.
22(2) The factual discussion shall include a discussion of indicators
23of the nature of the child’s sibling relationships, including, but not
24limited to, whether the siblings were raised together in the same
25home, whether the siblings have shared significant common
26experiences or have existing close and strong bonds, whether either
27sibling expresses a desire to visit or live with his or her sibling, as
28applicable, and
whether ongoing contact is in the child’s best
29emotional interests.
30(g) Whether a child who is 10 years of age or older and who
31has been in an out-of-home placement for six months or longer
32has relationships with individuals other than the child’s siblings
33that are important to the child, consistent with the child’s best
34interests, and actions taken to maintain those relationships. The
35social worker shall ask every child who is 10 years of age or older
36and who has been in an out-of-home placement for six months or
37longer to identify any individuals other than the child’s siblings
38who are important to the child, consistent with the child’s best
39interest. The social worker may ask any other child to provide that
40information, as appropriate.
P4 1(h) The implementation and operation of
the amendments to
2subdivision (g) enacted at the 2005-06 Regular Session shall be
3subject to appropriation through the budget process and by phase,
4as provided in Section 366.35.
5(i) Whether the county has applied to become the child’s
6representative payee for Supplemental Security Income (SSI)
7benefits and whether the county, or any other individual known
8to the county, has been appointed by the federal Social Security
9Administration to serve asbegin insert theend insert representative payee for a child who
10is receiving SSI benefits while in the county’s custody.
If the Commission on State Mandates determines
12that this act contains costs mandated by the state, reimbursement
13to local agencies and school districts for those costs shall be made
14pursuant to Part 7 (commencing with Section 17500) of Division
154 of Title 2 of the Government Code.
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