Senate BillNo. 1252


Introduced by Senator Torres

February 20, 2014


An act to amend Section 11403 of the Welfare and Institutions Code, relating to public social services.

LEGISLATIVE COUNSEL’S DIGEST

SB 1252, as introduced, Torres. Public social services: nonminor dependents.

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.

This bill would extend these foster care benefits to youth up to 25 years of age if they meet the above requirements. By requiring the extension of these services provided by the counties, 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:

P2    1

SECTION 1.  

Section 11403 of the Welfare and Institutions
2Code
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,begin delete andend delete
14 effective January 1, 2014, up to 21 years of age,begin insert and effective
15January 1, 2015, up to 25 years of age,end insert
consistent with their
16transitional independent living case plan and as described in
17Section 10103.5. It is the intent of the Legislature both at the time
18of initial determination of the nonminor dependent’s eligibility
19and throughout the time the nonminor dependent is eligible for aid
20pursuant to this section, that the social worker or probation officer
21or Indian tribal placing entity and the nonminor dependent shall
22work together to ensure the nonminor dependent’s ongoing
23eligibility. All case planning shall be a collaborative effort between
24the nonminor dependent and the social worker, probation officer,
25or Indian tribe, with the nonminor dependent assuming increasing
26levels of responsibility and independence.

27(b) A nonminor dependent receiving aid pursuant to this chapter,
28who satisfies the age criteria set forth in subdivision (a), shall meet
29the legal authority for placement and care by being under a foster
30care placement order by the juvenile court, or the voluntary reentry
31agreement as set forth in subdivision (z) of Section 11400, and is
P3    1otherwise eligible for AFDC-FC payments pursuant to Section
211401. A nonminor who satisfies the age criteria set forth in
3subdivision (a), and who is otherwise eligible, shall continue to
4receive CalWORKs payments pursuant to Section 11253 or, as a
5nonminor former dependent or ward, aid pursuant to Kin-GAP
6under Article 4.5 (commencing with Section 11360) or Article 4.7
7(commencing with Section 11385) or adoption assistance payments
8as specified in Chapter 2.1 (commencing with Section 16115) of
9Part 4. Effective January 1, 2012, a nonminor former dependent
10child or ward of the juvenile court who is receiving AFDC-FC
11benefits pursuant to Section 11405 and who satisfies the criteria
12set forth in subdivision (a) shall be eligible to continue to receive
13aid as long as the nonminor is otherwise eligible for AFDC-FC
14 benefits under this subdivision. This subdivision shall apply when
15one or more of the following conditions exist:

16(1) The nonminor is completing secondary education or a
17program leading to an equivalent credential.

18(2) The nonminor is enrolled in an institutionbegin delete whichend deletebegin insert thatend insert
19 provides postsecondary or vocational education.

20(3) The nonminor is participating in a program or activity
21designed to promote, or remove barriers to employment.

22(4) The nonminor is employed for at least 80 hours per month.

23(5) The nonminor is incapable of doing any of the activities
24described in subparagraphs (1) to (4), inclusive, due to a medical
25condition, and that incapability is supported by regularly updated
26information in the case plan of the nonminor. The requirement to
27update the case plan under this section shall not apply to nonminor
28former dependents or wards in receipt of Kin-GAP program or
29Adoption Assistance Program payments.

30(c) The county child welfare or probation department, Indian
31tribe, consortium of tribes, or tribal organization that has entered
32into an agreement pursuant to Section 10553.1, shall work together
33with a nonminor dependent who is in foster care on his or her 18th
34birthday and thereafter or a nonminor former dependent receiving
35aid pursuant to Section 11405, to satisfy one or more of the
36conditions described in paragraphs (1) to (5), inclusive, of
37subdivision (b) and shall certify the nonminor’s applicable
38condition or conditions in the nonminor’s six-month transitional
39independent living case plan update, and provide the certification
40to the eligibility worker and to the court at each six-month case
P4    1plan review hearing for the nonminor dependent. Relative
2guardians who receive Kin-GAP payments and adoptive parents
3who receive adoption assistance payments shall be responsible for
4reporting to the county welfare agency that the nonminor does not
5satisfy at least one of the conditions described in subdivision (b).
6The social worker, probation officer, or tribal entity shall verify
7and obtain assurances that the nonminor dependent continues to
8satisfy at least one of the conditions in paragraphs (1) to (5),
9inclusive, of subdivision (b) at each six-month transitional
10independent living case plan update. The six-month case plan
11update shall certify the nonminor’s eligibility pursuant to
12subdivision (b) for the next six-month period. During the six-month
13certification period, the payee and nonminor shall report any
14change in placement or other relevant changes in circumstances
15that may affect payment. The nonminor dependent, or nonminor
16former dependent receiving aid pursuant to subdivision (e) of
17Section 11405, shall be informed of all due process requirements,
18in accordance with state and federal law, prior to an involuntary
19termination of aid, and shall simultaneously be provided with a
20written explanation of how to exercise his or her due process rights
21and obtain referrals to legal assistance. Any notices of action
22regarding eligibility shall be sent to the nonminor dependent or
23former dependent, his or her counsel, as applicable, and the placing
24worker, in addition to any other payee. Payments of aid pursuant
25to Kin-GAP under Article 4.5 (commencing with Section 11360)
26or Article 4.7 (commencing with Section 11385), adoption
27assistance payments as specified in Chapter 2.1 (commencing with
28Section 16115) of Part 4, or aid pursuant to subdivision (e) of
29Section 11405 that are made on behalf of a nonminor former
30dependent shall terminate subject to the terms of the agreements.
31Subject to federal approval of amendments to the state plan, aid
32payments may be suspended and resumed based on changes of
33circumstances that affect eligibility. Nonminor former dependents,
34as identified in paragraph (2) of subdivision (aa) of Section 11400,
35are not eligible for reentry under subdivision (e) of Section 388 as
36nonminor dependents under the jurisdiction of the juvenile court,
37unless (1) the nonminor former dependent was receiving aid
38pursuant to Kin-GAP under Article 4.5 (commencing with Section
3911360) or Article 4.7 (commencing with Section 11385), or the
40nonminor former dependent was receiving aid pursuant to
P4    1subdivision (e) of Section 11405, or the nonminor was receiving
2adoption assistance payments as specified in Chapter 2.1
3(commencing with Section 16115) of Part 3 and (2) the nonminor’s
4former guardian or adoptive parent dies after the nonminor turns
518 years of age but before the nonminor turns 21 years of age.
6Nonminor former dependents requesting the resumption of
7AFDC-FC payments pursuant to subdivision (e) of Section 11405
8shall complete the applicable portions of the voluntary reentry
9agreement, as described in subdivision (z) of Section 11400.

10(d) A nonminor dependent may receive all of the payment
11directly provided that the nonminor is living independently in a
12supervised placement, as described in subdivision (w) of Section
1311400, and that both the youth and the agency responsible for the
14foster care placement have signed a mutual agreement, as defined
15in subdivision (u) of Section 11400, if the youth is capable of
16making an informed agreement, that documents the continued need
17for supervised out-of-home placement, and the nonminor’s and
18social worker’s or probation officer’s agreement to work together
19to facilitate implementation of the mutually developed supervised
20placement agreement and transitional independent living case plan.

21(e) Eligibility for aid under this section shall not terminate until
22the nonminor dependent attains the age criteria, as set forth in
23subdivision (a), but aid may be suspended when the nonminor
24dependent no longer resides in an eligible facility, as described in
25Section 11402, or is otherwise not eligible for AFDC-FC benefits
26under Section 11401, or terminated at the request of the nonminor,
27or after a court terminates dependency jurisdiction pursuant to
28Section 391, delinquency jurisdiction pursuant to Section 607.2,
29or transition jurisdiction pursuant to Section 452. AFDC-FC
30benefits to nonminor dependents, may be resumed at the request
31of the nonminor by completing a voluntary reentry agreement
32pursuant to subdivision (z) of Section 11400, before or after the
33filing of a petition filed pursuant to subdivision (e) of Section 388
34after a court terminates dependency or transitional jurisdiction
35pursuant to Section 391, or delinquency jurisdiction pursuant to
36Section 607.2. The county welfare or probation department or
37Indian tribal entity that has entered into an agreement pursuant to
38Section 10553.1 shall complete the voluntary reentry agreement
39with the nonminor who agrees to satisfy the criteria of the
40agreement, as described in subdivision (z) of Section 11400. The
P6    1county welfare department or tribal entity shall establish a new
2child-only Title IV-E eligibility determination based on the
3nonminor’s completion of the voluntary reentry agreement pursuant
4to Section 11401. The beginning date of aid for either federal or
5state AFDC-FC for a reentering nonminor who is placed in foster
6care is the date the voluntary reentry agreement is signed or the
7nonminor is placed, whichever is later. The county welfare
8department, county probation department, or tribal entity shall
9provide a nonminor dependent who wishes to continue receiving
10aid with the assistance necessary to meet and maintain eligibility.

11(f) (1) The county having jurisdiction of the nonminor
12dependent shall remain the county of payment under this section
13regardless of the youth’s physical residence. Nonminor former
14dependents receiving aid pursuant to subdivision (e) of Section
1511405 shall be paid by their county of residence. Counties may
16develop courtesy supervision agreements to provide case
17management and independent living services by the county of
18residence pursuant to the nonminor dependent’s transitional
19independent living case plan. Placements made out of state are
20subject to the applicable requirements of the Interstate Compact
21on Placement of Children, pursuant to Part 5 (commencing with
22Section 7900) of Division 12 of the Family Code.

23(2) The county welfare department, county probation
24department, or tribal entity shall notify all foster youth who attain
2516 years of age and are under the jurisdiction of that county or
26tribe, including those receiving Kin-GAP, and AAP, of the
27existence of the aid prescribed by this section.

28(3) The department shall seek any waiver to amend its Title
29IV-E State Plan with the Secretary of the United States Department
30of Health and Human Services necessary to implement this section.

31(g) (1) Subject to paragraph (3), a county shall pay the
32nonfederal share of the cost of extending aid pursuant to this
33section to eligible nonminor dependents who have reached 18
34years of age and who are under the jurisdiction of the county,
35including AFDC-FC payments pursuant to Section 11401, aid
36pursuant to Kin-GAP under Article 4.7 (commencing with Section
3711385), adoption assistance payments as specified in Chapter 2.1
38(commencing with Section 16115) of Part 4, and aid pursuant to
39Section 11405 for nonminor dependents who are residing in the
40county as provided in paragraph (1) of subdivision (f). A county
P7    1shall contribute to the CalWORKs payments pursuant to Section
211253 and aid pursuant to Kin-GAP under Article 4.5 (commencing
3with Section 11360) at the statutory sharing ratios in effect on
4January 1, 2012.

5(2) Subject to paragraph (3), a county shall pay the nonfederal
6share of the cost of providing permanent placement services
7pursuant to subdivision (c) of Section 16508 and administering
8the Aid to Families with Dependent Children Foster Care program
9pursuant to Section 15204.9. For purposes of budgeting, the
10department shall use a standard for the permanent placement
11services that is equal to the midpoint between the budgeting
12standards for family maintenance services and family reunification
13services.

14(3) (A) (i) Notwithstanding any other law, a county’s required
15total contribution pursuant to paragraphs (1) and (2), excluding
16costs incurred pursuant to Section 10103.5, shall not exceed the
17amount of savings in Kin-GAP assistance grant expenditures
18realized by the county from the receipt of federal funds due to the
19implementation of Article 4.7 (commencing with Section 11385),
20and the amount of funding specifically included in the Protective
21Services Subaccount within the Support Services Account within
22the Local Revenue Fund 2011, plus any associated growth funding
23from the Support Services Growth Subaccount within the Sales
24and Use Tax Growth Account to pay the costs of extending aid
25pursuant to this section.

26(ii) A county, at its own discretion, may expend additional funds
27beyond the amounts identified in clause (i). These additional
28amounts shall not be included in any cost and savings calculations
29or comparisons performed pursuant to this section.

30(B) Beginning in the 2011-12 fiscal year, and for each fiscal
31year thereafter, funding and expenditures for programs and
32activities under this section shall be in accordance with the
33requirements provided in Sections 30025 and 30026.5 of the
34Government Code. In addition, the following are available to the
35counties for the purpose of funding costs pursuant to this section:

36(i) The savings in Kin-GAP assistance grant expenditures
37realized from the receipt of federal funds due to the implementation
38of Article 4.7 (commencing with Section 11385).

P8    1(ii) The savings realized from the change in federal funding for
2adoption assistance resulting from the enactment of Public Law
3110-351 and consistent with subdivision (d) of Section 16118.

4(4) (A) The limit on the county’s total contribution pursuant to
5paragraph (3) shall be assessed by the State Department of Social
6Services, in conjunction with the California State Association of
7Counties, in 2015-16, to determine if it shall be removed. The
8assessment of the need for the limit shall be based on a
9determination on a statewide basis of whether the actual county
10costs of providing extended care pursuant to this section, excluding
11costs incurred pursuant to Section 10103.5, are fully funded by
12the amount of savings in Kin-GAP assistance grant expenditures
13realized by the counties from the receipt of federal funds due to
14the implementation of Article 4.7 (commencing with Section
1511385) and the amount of funding specifically included in the
16Protective Services Subaccount within the Support Services
17Account within the Local Revenue Fund 2011 plus any associated
18growth funding from the Support Services Growth Subaccount
19within the Sales and Use Tax Growth Account to pay the costs of
20extending aid pursuant to this section.

21(B) If the assessment pursuant to subparagraph (A) shows that
22the statewide total costs of extending aid pursuant to this section,
23excluding costs incurred pursuant to Section 10103.5, are fully
24funded by the amount of savings in Kin-GAP assistance grant
25expenditures realized by the counties from the receipt of federal
26funds due to the implementation of Article 4.7 (commencing with
27Section 11385) and the amount of funding specifically included
28in the Protective Services Subaccount within the Support Services
29Account within the Local Revenue Fund 2011 plus any associated
30growth funding from the Support Services Growth Subaccount
31within the Sales and Use Tax Growth Account to pay the costs of
32extending aid pursuant to this section, the Department of Finance
33shall certify that fact, in writing, and shall post the certification on
34its Internet Web site, at which time subparagraph (A) of paragraph
35(3) shall no longer be implemented.

36(h) It is the intent of the Legislature that no county currently
37participating in the Child Welfare Demonstration Capped
38Allocation Project be adversely impacted by the department’s
39exercise of its option to extend foster care benefits pursuant to
40Section 673(a)(4) and Section 675(8) of Title 42 of the United
P9    1States Code in the federal Social Security Act, as contained in the
2federal Fostering Connections to Success and Increasing Adoptions
3Act of 2008 (Public Law 110-351). Therefore, the department shall
4negotiate with the United States Department of Health and Human
5Services on behalf of those counties that are currently participating
6in the demonstration project to ensure that those counties receive
7reimbursement for these new programs outside of the provisions
8of those counties’ waiver under Subtitle IV-E (commencing with
9Section 470) of the federal Social Security Act (42 U.S.C. Sec.
10670 et seq.).

11(i) The department, on or before July 1, 2013, shall develop
12regulations to implement this section in consultation with
13concerned stakeholders, including, but not limited to,
14representatives of the Legislature, the County Welfare Directors
15Association, the Chief Probation Officers of California, the Judicial
16Council, representatives of Indian tribes, the California Youth
17Connection, former foster youth, child advocacy organizations,
18labor organizations, juvenile justice advocacy organizations, foster
19caregiver organizations, and researchers. In the development of
20these regulations, the department shall consider its Manual of
21Policy and Procedures, Division 30, Chapter 30-912, 913, 916,
22and 917, as guidelines for developing regulations that are
23appropriate for young adults who can exercise incremental
24responsibility concurrently with their growth and development.
25The department, in its consultation with stakeholders, shall take
26into consideration the impact to the Automated Child Welfare
27Services Case Management Services (CWS-CMS) and required
28modifications needed to accommodate eligibility determination
29under this section, benefit issuance, case management across
30counties, and recognition of the legal status of nonminor
31dependents as adults, as well as changes to data tracking and
32reporting requirements as required by the Child Welfare System
33Improvement and Accountability Act as specified in Section
3410601.2, and federal outcome measures as required by the federal
35John H. Chafee Foster Care Independence Program (42 U.S.C.
36Sec. 677(f)). In addition, the department, in its consultation with
37stakeholders, shall define the supervised independent living setting
38which shall include, but not be limited to, apartment living, room
39and board arrangements, college or university dormitories, and
40shared roommate settings, and define how those settings meet
P10   1health and safety standards suitable for nonminors. The department,
2in its consultation with stakeholders, shall define the six-month
3certification of the conditions of eligibility pursuant to subdivision
4(b) to be consistent with the flexibility provided by federal policy
5guidance, to ensure that there are ample supports for a nonminor
6to achieve the goals of his or her transition independent living case
7plan. The department, in its consultation with stakeholders, shall
8ensure that notices of action and other forms created to inform the
9nonminor of due process rights and how to access them shall be
10developed, using language consistent with the special needs of the
11nonminor dependent population.

12(j) Notwithstanding the Administrative Procedure Act, Chapter
133.5 (commencing with Section 11340) of Part 1 of Division 3 of
14Title 2 of the Government Code, the department shall prepare for
15implementation of the applicable provisions of this section by
16publishing, after consultation with the stakeholders listed in
17subdivision (i), all-county letters or similar instructions from the
18director by October 1, 2011, to be effective January 1, 2012.
19Emergency regulations to implement the applicable provisions of
20this act may be adopted by the director in accordance with the
21Administrative Procedure Act. The initial adoption of the
22emergency regulations and one readoption of the emergency
23regulations shall be deemed to be an emergency and necessary for
24the immediate preservation of the public peace, health, safety, or
25general welfare. Initial emergency regulations and the first
26readoption of those emergency regulations shall be exempt from
27review by the Office of Administrative Law. The emergency
28regulations authorized by this section shall be submitted to the
29Office of Administrative Law for filing with the Secretary of State
30and shall remain in effect for no more than 180 days.

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

32

SEC. 2.  

If the Commission on State Mandates determines that
33this act contains costs mandated by the state, reimbursement to
34local agencies and school districts for those costs shall be made
35pursuant to Part 7 (commencing with Section 17500) of Division
364 of Title 2 of the Government Code.



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