California Legislature—2015–16 Regular Session

Assembly Bill No. 423

Introduced by Assembly Member Cooley

February 19, 2015

An act to amend Sections 309, 361.45, 11450, 11461.3, 11465, and 11477.02 of, and to add Section 13758 to, the Welfare and Institutions Code, relating to public social services.

LEGISLATIVE COUNSEL’S DIGEST

AB 423, as introduced, Cooley. CalWORKs: relative caregivers.

Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families (TANF) block grant program, state, and county funds. Existing law specifies the amounts of cash aid to be paid each month to CalWORKs recipients.

Existing 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, a child is eligible for AFDC-FC if he or she is placed in the approved home of a relative and is otherwise eligible for federal financial participation in the AFDC-FC payment, as specified. Existing law establishes the Approved Relative Caregiver Funding Option Program in counties choosing to participate, for the purpose of making the amount paid to relative caregivers for the in-home care of children placed with them who are ineligible for AFDC-FC payments equal to the amount paid on behalf of children who are eligible for AFDC-FC payments. In order for a relative caregiver to receive benefits under the program, existing law requires a child placed with the relative caregiver to reside in the state.

This bill would revise provisions of the Approved Relative Caregiver Funding Option Program to, among other things, authorize a relative caregiver to receive payments on behalf of a child pursuant to the program, regardless of whether the child resides, or will be residing, outside of the state or the participating county pursuant to his or her placement. The bill would establish procedures for the distribution of payments to relative caregivers, as specified. The bill would also require that an infant supplement, as specified, be paid under the CalWORKs program and the Approved Relative Caregiver Funding Option Program to a teen parent who is placed with his or her child in the home of a relative caregiver and is the subject of a voluntary placement agreement or subject to the jurisdiction of the juvenile court, as provided.

Under existing law, if the county welfare department places a child who is in temporary custody or subject to the jurisdiction of the juvenile court with a relative or nonrelative extended family member, as defined, the county is required to evaluate and approve or deny the home for purposes of AFDC-FC eligibility.

This bill would additionally require the county to evaluate and approve or deny the home for purposes of CalWORKs eligibility if the child is found to be ineligible for AFDC-FC, and would require the placing agency to initiate and complete the applications for AFDC-FC and CalWORKs or the Approved Relative Caregiver Funding Option Program, as specified. The bill would also require the county social worker or eligibility worker to explain to the relative, either in person or by telephone, the eligibility requirements and benefit amounts for the AFDC-FC and CalWORKs programs, and the Approved Relative Caregiver Funding Option Program if the county has opted into the program, as well as any actions the relative could take to affect the child’s eligibility for those programs. By requiring county employees to provide these services, the bill would impose a state-mandated local program.

Existing law requires that every youth who is in foster care and nearing emancipation be screened by the county for potential eligibility for the federal Supplemental Security Income (SSI) program.

This bill would require that every youth who is in foster care and has been determined to be ineligible for AFDC-FC benefits be screened by the county for potential eligibility for the SSI program. By imposing this additional duty on counties, the bill would impose a state-mandated local program.

Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.

This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.

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 309 of the Welfare and Institutions Code
is amended to read:

309.  

(a) Upon delivery to the social worker of a child who has
been taken into temporary custody under this article, the social
worker shall immediately investigate the circumstances of the child
and the facts surrounding the child’s being taken into custody and
attempt to maintain the child with the child’s family through the
provision of services. The social worker shall immediately release
the child to the custody of the child’s parent, guardian, or
responsible relative, regardless of the parent’s, guardian’s, or
relative’s immigration status, unless one or more of the following
conditions exist:

(1) The child has no parent, guardian, or responsible relative;
or the child’s parent, guardian, or responsible relative is not willing
to provide care for the child.

(2) Continued detention of the child is a matter of immediate
and urgent necessity for the protection of the child and there are
no reasonable means by which the child can be protected in his or
her home or the home of a responsible relative.

(3) There is substantial evidence that a parent, guardian, or
custodian of the child is likely to flee the jurisdiction of the court.

(4) The child has left a placement in which he or she was placed
by the juvenile court.

(5) The parent or other person having lawful custody of the
child voluntarily surrendered physical custody of the child pursuant
to Section 1255.7 of the Health and Safety Code and did not
reclaim the child within the 14-day period specified in subdivision
begin delete (e) end delete begin insert (g) end insert of that section.

(b) In any case in which there is reasonable cause for believing
that a child who is under the care of a physician and surgeon or a
hospital, clinic, or other medical facility and cannot be immediately
moved and is a person described in Section 300, the child shall be
deemed to have been taken into temporary custody and delivered
to the social worker for the purposes of this chapter while the child
is at the office of the physician and surgeon or the medical facility.

(c) If the child is not released to his or her parent or guardian,
the child shall be deemed detained for purposes of this chapter.

(d) (1) If an able and willing relative, as defined in Section 319,
or an able and willing nonrelative extended family member, as
defined in Section 362.7, is available and requests temporary
placement of the child pending the detention hearing, or after the
detention hearing and pending the dispositional hearing conducted
pursuant to Section 358, the county welfare department shall
initiate an assessment of the relative’s or nonrelative extended
family member’s suitability, which shall include an in-home
inspection to assess the safety of the home and the ability of the
relative or nonrelative extended family member to care for the
child’s needs, and a consideration of the results of a criminal
records check conducted pursuant to subdivision (a) of Section
16504.5 and a check of allegations of prior child abuse or neglect
concerning the relative or nonrelative extended family member
and other adults in the home. A relative’s 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. Upon
completion of this assessment, the child may be placed in the
assessed home. For purposes of this paragraph, and except for the
criminal records check conducted pursuant to subdivision (a) of
Section 16504.5, the standards used to determine suitability shall
be the same standards set forth in the regulations for the licensing
of foster family homes.

(2) Immediately following the placement of a child in the home
of a relative or a nonrelative extended family member, the county
welfare department shall evaluate and approve or deny the home
for purposes of AFDC-FC eligibility pursuant to Section begin delete 11402.
The end delete begin insert 11402 end insert begin insert and CalWORKs eligibility pursuant to Article 2
(commencing with Section 11250) of Chapter 2 of Part 3 of
Division 9. The placing agency shall immediately initiate the
application for AFDC-FC and determine eligibility. If the child is
found to be ineligible for AFDC-FC, the county shall immediately
initiate and complete the application for and determine eligibility
for CalWORKs, or the Approved Relative Caregiver Funding
Option Program if the child is placed with a relative and the county
has opted into the program pursuant to Section 11461.3. If the
county determines that the child is not eligible for AFDC-FC
benefits, the county welfare department shall explain the specific
basis for this determination and shall immediately screen the child
for eligibility for the federal Supplemental Security Income
program in accordance with Section 13758. The application date
for the Approved Relative Caregiver Funding Option Program or
CalWORKs shall be the date the child was placed with the relative
or nonrelative extended family member. end insert

begin insert (3) end insert begin insert   end insert begin insert The end insert standards used to evaluate and grant or deny approval
of the home of the relative and of the home of a nonrelative
extended family member, as described in Section 362.7, shall be
the same standards set forth in regulations for the licensing of
foster family homes which prescribe standards of safety and
sanitation for the physical plant and standards for basic personal
care, supervision, and services provided by the caregiver.

begin delete

(3) 

end delete

begin insert (4) end insert begin insert   end insert To the extent allowed by federal law, as a condition of
receiving funding under Title IV-E of the federal Social Security
Act (42 U.S.C. Sec. 670 et seq.), if a relative or nonrelative
extended family member meets all other conditions for approval,
except for the receipt of the Federal Bureau of Investigation’s
criminal history information for the relative or nonrelative extended
family member, and other adults in the home, as indicated, the
county welfare department may approve the home and document
that approval, if the relative or nonrelative extended family
member, and each adult in the home, has signed and submitted a
statement that he or she has never been convicted of a crime in the
United States, other than a traffic infraction as defined in paragraph
(1) of subdivision (a) of Section 42001 of the Vehicle Code. If,
after the approval has been granted, the department determines
that the relative or nonrelative extended family member or other
adult in the home has a criminal record, the approval may be
terminated.

begin delete

(4) 

end delete

begin insert (5) end insert begin insert   end insert If the criminal records check indicates that the person has
been convicted of a crime for which the Director of Social Services
cannot grant an exemption under Section 1522 of the Health and
Safety Code, the child shall not be placed in the home. If the
criminal records check indicates that the person has been convicted
of a crime for which the Director of Social Services may grant an
exemption under Section 1522 of the Health and Safety Code, the
child shall not be placed in the home unless a criminal records
exemption has been granted by the county based on substantial
and convincing evidence to support a reasonable belief that the
person with the criminal conviction is of such good character as
to justify the placement and not present a risk of harm to the child.

(e) (1) If the child is removed, the social worker shall conduct,
within 30 days, an investigation in order to identify and locate all
grandparents, adult siblings, and other adult relatives of the child,
as defined in paragraph (2) of subdivision (f) of Section 319,
including any other adult relatives suggested by the parents. The
social worker shall provide to all adult relatives who are located,
except when that relative’s history of family or domestic violence
makes notification inappropriate, within 30 days of removal of the
child, written notification and shall also, whenever appropriate,
provide oral notification, in person or by telephone, of all the
following information:

(A) The child has been removed from the custody of his or her
parent or parents, or his or her guardians.

(B) An explanation of the various options to participate in the
care and placement of the child and support for the child’s family,
including any options that may be lost by failing to respond. The
notice shall provide information about providing care for the child
while the family receives reunification services with the goal of
returning the child to the parent or guardian, how to become a
foster family home or approved relative or nonrelative extended
family member as defined in Section 362.7, and additional services
and support that are available in out-of-home placements. The
notice shall also include information regarding the Kin-GAP
Program (Article 4.5 (commencing with Section 11360) of Chapter
2 of Part 3 of Division 9), the CalWORKs program for approved
relative caregivers (Chapter 2 (commencing with Section 11200)
of Part 3 of Division 9), begin insert the Approved Relative Caregiver Funding
Option Program if the county has opted into the program under
Section 11461.3, end insert adoption, and adoption assistance (Chapter 2.1
(commencing with Section 16115) of Part 4 of Division 9), as well
as other options for contact with the child, including, but not
limited to, visitation. The State Department of Social Services, in
consultation with the County Welfare Directors Association of
California and other interested stakeholders, shall develop the
written notice.

(2) The social worker shall also provide the adult relatives
notified pursuant to paragraph (1) with a relative information form
to provide information to the social worker and the court regarding
the needs of the child. The form shall include a provision whereby
the relative may request the permission of the court to address the
court, if the relative so chooses. The Judicial Council, in
consultation with the State Department of Social Services and the
County Welfare Directors Association of California, shall develop
the form.

(3) The social worker shall use due diligence in investigating
the names and locations of the relatives pursuant to paragraph (1),
including, but not limited to, asking the child in an age-appropriate
manner about relatives important to the child, consistent with the
child’s best interest, and obtaining information regarding the
location of the child’s adult relatives. Each county welfare
department shall create and make public a procedure by which
relatives of a child who has been removed from his or her parents
or guardians may identify themselves to the county welfare
department and be provided with the notices required by paragraphs
(1) and (2).

begin insert

(f) In addition to the notice required by subdivision (e), if a
relative requests placement of the child, the county social worker
or eligibility worker shall explain to the relative, either in person
or by telephone, the eligibility requirements and benefit amounts
for the AFDC-FC and CalWORKs programs, and the Approved
Relative Caregiver Funding Option Program if the county has
opted into the program under Section 11461.3, as well as any
actions the relative could take to affect the child’s eligibility for
those programs.

end insert

SEC. 2.  

Section 361.45 of the Welfare and Institutions Code
is amended to read:

361.45.  

(a) Notwithstanding any other begin delete provision of end delete law, when
the sudden unavailability of a foster caregiver requires a change
in placement on an emergency basis for a child who is under the
jurisdiction of the juvenile court pursuant to Section 300, if an able
and willing relative, as defined in Section 319, or an able and
willing nonrelative extended family member, as defined in Section
362.7, is available and requests temporary placement of the child
pending resolution of the emergency situation, the county welfare
department shall initiate an assessment of the relative’s or
nonrelative extended family member’s suitability, which shall
include an in-home inspection to assess the safety of the home and
the ability of the relative or nonrelative extended family member
to care for the child’s needs, and a consideration of the results of
a criminal records check conducted pursuant to Section 16504.5
and a check of allegations of prior child abuse or neglect
concerning the relative or nonrelative extended family member
and other adults in the home. Upon completion of this assessment,
the child may be placed in the assessed home. For purposes of this
paragraph, and except for the criminal records check conducted
pursuant to Section 16504.5, the standards used to determine
suitability shall be the same standards set forth in the regulations
for the licensing of foster family homes.

(b) Immediately following the placement of a child in the home
of a relative or a nonrelative extended family member, the county
welfare department shall evaluate and approve or deny the home
for purposes of AFDC-FC eligibility pursuant to Section begin delete 11402.
The end delete begin insert 11402 and CalWORKs eligibility pursuant to Article 2
(commencing with Section 11250) of Chapter 2 of Part 3 of
Division 9. The placing agency shall immediately initiate the
application for AFDC-FC and determine eligibility. If the child is
found to be ineligible for AFDC-FC, the county shall immediately
initiate and complete the application for and determine eligibility
for CalWORKs, or the Approved Relative Caregiver Funding
Option Program if the child is placed with a relative and the county
has opted into the program pursuant to Section 11461.3. If the
county determines that the child is not eligible for AFDC-FC
benefits, the county welfare department shall explain the specific
basis for this determination and shall immediately screen the child
for eligibility for the federal Supplemental Security Income
program in accordance with Section 13758. If aid is granted under
the AFDC-FC or CalWORKs program, the beginning date of aid
shall be the date the child was placed with the relative or
nonrelative extended family member. The application date for the
Approved Relative Caregiver Funding Option Program or
CalWORKs shall be the date the child was placed with the relative. end insert

begin insert (c) end insert begin insert   end insert begin insert The end insert standards used to evaluate and grant or deny approval
of the home of the relative and of the home of a nonrelative
extended family member, as described in Section 362.7, shall be
the same standards set forth in regulations for the licensing of
foster family homes which prescribe standards of safety and
sanitation for the physical plant and standards for basic personal
care, supervision, and services provided by the caregiver.

begin delete

(c) 

end delete

begin insert (d) end insert begin insert   end insert If a relative or nonrelative extended family member, and
other adults in the home, as indicated, meets all other conditions
for approval, except for the receipt of the Federal Bureau of
Investigation’s criminal history information for the relative or
nonrelative extended family member, the county welfare
department may approve the home and document that approval,
if the relative or nonrelative extended family member, and each
adult in the home, has signed and submitted a statement that he or
she has never been convicted of a crime in the United States, other
than a traffic infraction as defined in paragraph (1) of subdivision
(a) of Section 42001 of the Vehicle Code. If, after the approval
has been granted, the department determines that the relative or
nonrelative extended family member or other adult in the home
has a criminal record, the approval may be terminated.

begin delete

(d) 

end delete

begin insert (e) end insert begin insert   end insert (1)  begin delete On and after January 1, 2012, if end delete begin insert If end insert a nonminor dependent,
as defined in subdivision (v) of Section 11400, is placed in the
home of a relative or nonrelative extended family member, the
home shall be approved using the same standards set forth in
regulations as described in Section 1502.7 of the Health and Safety
Code.

(2)  begin delete On or before July 1, 2012, the end delete begin insert The end insert department, in
consultation with representatives of the Legislature, the County
Welfare Directors Association, the Chief Probation Officers of
California, the California Youth Connection, the Judicial Council,
former foster youth, child advocacy organizations, dependency
counsel for children, juvenile justice advocacy organizations, foster
caregiver organizations, labor organizations, and representatives
of Indian tribes, shall revise regulations regarding health and safety
standards for approving relative homes in which nonminor
dependents, as defined in subdivision (v) of Section 11400, of the
juvenile court are placed under the responsibility of the county
welfare or probation department, or an Indian tribe that entered
into an agreement pursuant to Section 10553.1.

(3) Notwithstanding 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, in consultation
with the stakeholders listed in paragraph (2), shall prepare for
implementation of the applicable provisions of this section by
publishing all-county letters or similar instructions from the director
by October 1, 2011, to be effective January 1, 2012. Emergency
regulations to implement this section may be adopted by the
director in accordance with the Administrative Procedure Act. The
initial adoption of the emergency regulations and one readoption
of the initial regulations shall be deemed to be an emergency and
necessary for the immediate preservation of the public peace,
health, safety, or general welfare. Initial emergency regulations
and the first readoption of those emergency regulations shall be
exempt from review by the Office of Administrative Law. The
emergency regulations authorized by this section shall be submitted
to the Office of Administrative Law for filing with the Secretary
of State and shall remain in effect for no more than 180 days.

SEC. 3.  

Section 11450 of the Welfare and Institutions Code,
as added by Section 4 of Chapter 632 of the Statutes of 2014, is
amended to read:

11450.  

(a) (1) (A) Aid shall be paid for each needy family,
which shall include all eligible brothers and sisters of each eligible
applicant or recipient child and the parents of the children, but
shall not include unborn children, or recipients of aid under Chapter
3 (commencing with Section 12000), qualified for aid under this
chapter. In determining the amount of aid paid, and notwithstanding
the minimum basic standards of adequate care specified in Section
11452, the family’s income, exclusive of any amounts considered
exempt as income or paid pursuant to subdivision (e) or Section
11453.1, determined for the prospective semiannual period
pursuant to Sections 11265.1, 11265.2, and 11265.3, and then
calculated pursuant to Section 11451.5, shall be deducted from
the sum specified in the following table, as adjusted for
cost-of-living increases pursuant to Section 11453 and paragraph
(2). In no case shall the amount of aid paid for each month exceed
the sum specified in the following table, as adjusted for
cost-of-living increases pursuant to Section 11453 and paragraph
(2), plus any special needs, as specified in subdivisions (c), (e),
begin delete and end delete (f) begin insert , and (g) end insert :

 

Number of  eligible needy  persons in the same home	Maximum aid
1	$  326
2	535
3	663
4	788
5	899
6	1,010
7	1,109
8	1,209
9	1,306
10 or more	1,403

 

(B) If, when, and during those times that the United States
government increases or decreases its contributions in assistance
of needy children in this state above or below the amount paid on
July 1, 1972, the amounts specified in the above table shall be
increased or decreased by an amount equal to that increase or
decrease by the United States government, provided that no
increase or decrease shall be subject to subsequent adjustment
pursuant to Section 11453.

(2) The sums specified in paragraph (1) shall not be adjusted
for cost of living for the 1990-91, 1991-92, 1992-93, 1993-94,
1994-95, 1995-96, 1996-97, and 1997-98 fiscal years, and through
October 31, 1998, nor shall that amount be included in the base
for calculating any cost-of-living increases for any fiscal year
thereafter. Elimination of the cost-of-living adjustment pursuant
to this paragraph shall satisfy the requirements of Section 11453.05,
and no further reduction shall be made pursuant to that section.

(b) (1) When the family does not include a needy child qualified
for aid under this chapter, aid shall be paid to a pregnant child who
is 18 years of age or younger at any time after verification of
pregnancy, in the amount that would otherwise be paid to one
person, as specified in subdivision (a), if the child and her child,
if born, would have qualified for aid under this chapter. Verification
of pregnancy shall be required as a condition of eligibility for aid
under this subdivision.

(2)  Notwithstanding paragraph (1), when the family does not
include a needy child qualified for aid under this chapter, aid shall
be paid to a pregnant woman for the month in which the birth is
anticipated and for the six-month period immediately prior to the
month in which the birth is anticipated, in the amount that would
otherwise be paid to one person, as specified in subdivision (a), if
the woman and child, if born, would have qualified for aid under
this chapter. Verification of pregnancy shall be required as a
condition of eligibility for aid under this subdivision.

(3) Paragraph (1) shall apply only when the Cal-Learn Program
is operative.

(c) The amount of forty-seven dollars ($47) per month shall be
paid to pregnant women qualified for aid under subdivision (a) or
(b) to meet special needs resulting from pregnancy if the woman
and child, if born, would have qualified for aid under this chapter.
County welfare departments shall refer all recipients of aid under
this subdivision to a local provider of the Women, Infants, and
Children program. If that payment to pregnant women qualified
for aid under subdivision (a) is considered income under federal
law in the first five months of pregnancy, payments under this
subdivision shall not apply to persons eligible under subdivision
(a), except for the month in which birth is anticipated and for the
three-month period immediately prior to the month in which
delivery is anticipated, if the woman and child, if born, would have
qualified for aid under this chapter.

(d) For children receiving AFDC-FC under this chapter, there
shall be paid, exclusive of any amount considered exempt as
income, an amount of aid each month that, when added to the
child’s income, is equal to the rate specified in Section 11460,
11461, 11462, 11462.1, or 11463. In addition, the child shall be
eligible for special needs, as specified in departmental regulations.

(e) In addition to the amounts payable under subdivision (a)
and Section 11453.1, a family shall be entitled to receive an
allowance for recurring special needs not common to a majority
of recipients. These recurring special needs shall include, but not
be limited to, special diets upon the recommendation of a physician
for circumstances other than pregnancy, and unusual costs of
transportation, laundry, housekeeping services, telephone, and
utilities. The recurring special needs allowance for each family
per month shall not exceed that amount resulting from multiplying
the sum of ten dollars ($10) by the number of recipients in the
family who are eligible for assistance.

(f) After a family has used all available liquid resources, both
exempt and nonexempt, in excess of one hundred dollars ($100),
with the exception of funds deposited in a restricted account
described in subdivision (a) of Section 11155.2, the family shall
also be entitled to receive an allowance for nonrecurring special
needs.

(1) An allowance for nonrecurring special needs shall be granted
for replacement of clothing and household equipment and for
emergency housing needs other than those needs addressed by
paragraph (2). These needs shall be caused by sudden and unusual
circumstances beyond the control of the needy family. The
department shall establish the allowance for each of the
nonrecurring special needs items. The sum of all nonrecurring
special needs provided by this subdivision shall not exceed six
hundred dollars ($600) per event.

(2) (A) Homeless assistance is available to a homeless family
seeking shelter when the family is eligible for aid under this
chapter. Homeless assistance for temporary shelter is also available
to homeless families that are apparently eligible for aid under this
chapter. Apparent eligibility exists when evidence presented by
the applicant, or that is otherwise available to the county welfare
department, and the information provided on the application
documents indicate that there would be eligibility for aid under
this chapter if the evidence and information were verified.
However, an alien applicant who does not provide verification of
his or her eligible alien status, or a woman with no eligible children
who does not provide medical verification of pregnancy, is not
apparently eligible for purposes of this section.

(B) A family is considered homeless, for the purpose of this
section, when the family lacks a fixed and regular nighttime
residence; or the family has a primary nighttime residence that is
a supervised publicly or privately operated shelter designed to
provide temporary living accommodations; or the family is residing
in a public or private place not designed for, or ordinarily used as,
a regular sleeping accommodation for human beings. A family is
also considered homeless for the purpose of this section if the
family has received a notice to pay rent or quit. The family shall
demonstrate that the eviction is the result of a verified financial
hardship as a result of extraordinary circumstances beyond their
control, and not other lease or rental violations, and that the family
is experiencing a financial crisis that could result in homelessness
if preventative assistance is not provided.

(A) (i) A nonrecurring special needs benefit of sixty-five dollars
($65) a day shall be available to families of up to four members
for the costs of temporary shelter, subject to the requirements of
this paragraph. The fifth and additional members of the family
shall each receive fifteen dollars ($15) per day, up to a daily
maximum of one hundred twenty-five dollars ($125). County
welfare departments may increase the daily amount available for
temporary shelter as necessary to secure the additional bedspace
needed by the family.

(ii) This special needs benefit shall be granted or denied
immediately upon the family’s application for homeless assistance,
and benefits shall be available for up to three working days. The
county welfare department shall verify the family’s homelessness
within the first three working days and if the family meets the
criteria of questionable homelessness established by the
department, the county welfare department shall refer the family
to its early fraud prevention and detection unit, if the county has
such a unit, for assistance in the verification of homelessness within
this period.

(iii) After homelessness has been verified, the three-day limit
shall be extended for a period of time which, when added to the
initial benefits provided, does not exceed a total of 16 calendar
days. This extension of benefits shall be done in increments of one
week and shall be based upon searching for permanent housing
which shall be documented on a housing search form, good cause,
or other circumstances defined by the department. Documentation
of a housing search shall be required for the initial extension of
benefits beyond the three-day limit and on a weekly basis thereafter
as long as the family is receiving temporary shelter benefits. Good
cause shall include, but is not limited to, situations in which the
county welfare department has determined that the family, to the
extent it is capable, has made a good faith but unsuccessful effort
to secure permanent housing while receiving temporary shelter
benefits.

(B) (i) A nonrecurring special needs benefit for permanent
housing assistance is available to pay for last month’s rent and
security deposits when these payments are reasonable conditions
of securing a residence, or to pay for up to two months of rent
arrearages, when these payments are a reasonable condition of
preventing eviction.

(ii) The last month’s rent or monthly arrearage portion of the
payment (I) shall not exceed 80 percent of the family’s total
monthly household income without the value of CalFresh benefits
or special needs benefit for a family of that size and (II) shall only
be made to families that have found permanent housing costing
no more than 80 percent of the family’s total monthly household
income without the value of CalFresh benefits or special needs
benefit for a family of that size.

(iii) However, if the county welfare department determines that
a family intends to reside with individuals who will be sharing
housing costs, the county welfare department shall, in appropriate
circumstances, set aside the condition specified in subclause (II)
of clause (ii).

(C) The nonrecurring special needs benefit for permanent
housing assistance is also available to cover the standard costs of
deposits for utilities which are necessary for the health and safety
of the family.

(D) A payment for or denial of permanent housing assistance
shall be issued no later than one working day from the time that a
family presents evidence of the availability of permanent housing.
If an applicant family provides evidence of the availability of
permanent housing before the county welfare department has
established eligibility for aid under this chapter, the county welfare
department shall complete the eligibility determination so that the
denial of or payment for permanent housing assistance is issued
within one working day from the submission of evidence of the
availability of permanent housing, unless the family has failed to
provide all of the verification necessary to establish eligibility for
aid under this chapter.

(E) (i) Except as provided in clauses (ii) and (iii), eligibility
for the temporary shelter assistance and the permanent housing
assistance pursuant to this paragraph shall be limited to one period
of up to 16 consecutive calendar days of temporary assistance and
one payment of permanent assistance. Any family that includes a
parent or nonparent caretaker relative living in the home who has
previously received temporary or permanent homeless assistance
at any time on behalf of an eligible child shall not be eligible for
further homeless assistance. Any person who applies for homeless
assistance benefits shall be informed that the temporary shelter
benefit of up to 16 consecutive days is available only once in a
lifetime, with certain exceptions, and that a break in the consecutive
use of the benefit constitutes permanent exhaustion of the
temporary benefit.

(ii) A family that becomes homeless as a direct and primary
result of a state or federally declared natural disaster shall be
eligible for temporary and permanent homeless assistance.

(iii) A family shall be eligible for temporary and permanent
homeless assistance when homelessness is a direct result of
domestic violence by a spouse, partner, or roommate; physical or
mental illness that is medically verified that shall not include a
diagnosis of alcoholism, drug addiction, or psychological stress;
or, the uninhabitability of the former residence caused by sudden
and unusual circumstances beyond the control of the family
including natural catastrophe, fire, or condemnation. These
circumstances shall be verified by a third-party governmental or
private health and human services agency, except that domestic
violence may also be verified by a sworn statement by the victim,
as provided under Section 11495.25. Homeless assistance payments
based on these specific circumstances may not be received more
often than once in any 12-month period. In addition, if the domestic
violence is verified by a sworn statement by the victim, the
homeless assistance payments shall be limited to two periods of
not more than 16 consecutive calendar days of temporary assistance
and two payments of permanent assistance. A county may require
that a recipient of homeless assistance benefits who qualifies under
this paragraph for a second time in a 24-month period participate
in a homelessness avoidance case plan as a condition of eligibility
for homeless assistance benefits. The county welfare department
shall immediately inform recipients who verify domestic violence
by a sworn statement of the availability of domestic violence
counseling and services, and refer those recipients to services upon
request.

(iv) If a county requires a recipient who verifies domestic
violence by a sworn statement to participate in a homelessness
avoidance case plan pursuant to clause (iii), the plan shall include
the provision of domestic violence services, if appropriate.

(v) If a recipient seeking homeless assistance based on domestic
violence pursuant to clause (iii) has previously received homeless
avoidance services based on domestic violence, the county shall
review whether services were offered to the recipient and consider
what additional services would assist the recipient in leaving the
domestic violence situation.

(vi) The county welfare department shall report necessary data
to the department through a statewide homeless assistance payment
indicator system, as requested by the department, regarding all
recipients of aid under this paragraph.

(F) The county welfare departments, and all other entities
participating in the costs of the CalWORKs program, have the
right in their share to any refunds resulting from payment of the
permanent housing. However, if an emergency requires the family
to move within the 12-month period specified in subparagraph
(E), the family shall be allowed to use any refunds received from
its deposits to meet the costs of moving to another residence.

(G) Payments to providers for temporary shelter and permanent
housing and utilities shall be made on behalf of families requesting
these payments.

(H) The daily amount for the temporary shelter special needs
benefit for homeless assistance may be increased if authorized by
the current year’s Budget Act by specifying a different daily
allowance and appropriating the funds therefor.

(I) No payment shall be made pursuant to this paragraph unless
the provider of housing is a commercial establishment, shelter, or
person in the business of renting properties who has a history of
renting properties.

begin insert

(g) A child who has been removed from his or her home and
detained or placed in the home of a relative caregiver and is the
subject of a petition filed under Section 300, 601, or 602, or is the
subject of a voluntary placement agreement, as defined in
subdivision (p) of Section 11400, and who is a teen parent whose
child is living in the same home or placement, shall also receive
an infant supplement, in an amount determined in the manner
provided in subdivision (b) of Section 11465 for a child in a foster
family home.

end insert begin delete

(g) 

end delete

begin insert (h) end insert begin insert   end insert The department shall establish rules and regulations ensuring
the uniform statewide application of this section.

begin delete

(h) 

end delete

begin insert (i) end insert begin insert   end insert The department shall notify all applicants and recipients of
aid through the standardized application form that these benefits
are available and shall provide an opportunity for recipients to
apply for the funds quickly and efficiently.

begin delete

(i) 

end delete

begin insert (j) end insert begin insert   end insert (A) Except for the purposes of Section 15200, the amounts
payable to recipients pursuant to Section 11453.1 shall not
constitute part of the payment schedule set forth in subdivision
(a).

(B) The amounts payable to recipients pursuant to Section
11453.1 shall not constitute income to recipients of aid under this
section.

begin delete

(j) 

end delete

begin insert (k) end insert begin insert   end insert For children receiving Kin-GAP pursuant to Article 4.5
(commencing with Section 11360) or Article 4.7 (commencing
with Section 11385) there shall be paid, exclusive of any amount
considered exempt as income, an amount of aid each month, which,
when added to the child’s income, is equal to the rate specified in
Sections 11364 and 11387.

begin delete

(k) 

end delete

begin insert (l) end insert begin insert   end insert (1) A county shall implement the semiannual reporting
requirements in accordance with Chapter 501 of the Statutes of
2011 no later than October 1, 2013.

(2) Upon completion of the implementation described in
paragraph (1), each county shall provide a certificate to the director
certifying that semiannual reporting has been implemented in the
county.

(3) Upon filing the certificate described in paragraph (2), a
county shall comply with the semiannual reporting provisions of
this section.

begin delete

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

end delete

SEC. 4.  

Section 11461.3 of the Welfare and Institutions Code
is amended to read:

11461.3.  

(a)  begin delete The end delete begin insert (1) end insert begin insert   end insert begin insert The Legislature recognizes the
importance of approved relative caregivers to the state’s child
welfare system. Relative placements are the most utilized type of
foster placement in California. In establishing the Approved
Relative Caregiver Funding Option Program pursuant to this
section, the Legislature intends to ensure that children placed with
relatives are able to access state funding in an equal amount and
in a similar manner to children in other types of foster placements. end insert

begin insert (2) end insert begin insert   end insert begin insert The end insert Approved Relative Caregiver Funding Option Program
is hereby established for the purpose of making the amount paid
to approved relative caregivers for the in-home care of children
placed with them who are ineligible for AFDC-FC payments equal
to the amount paid on behalf of children who are eligible for
AFDC-FC payments. This is an optional program for counties
choosing to participate, and in so doing, participating counties
agree to the terms of this section as a condition of their
participation. It is the intent of the Legislature that the funding
described in paragraph (1) of subdivision (e) for the Approved
Relative Caregiver Funding Option Program be appropriated, and
available for use from January through December of each year,
unless otherwise specified.

(b) Subject to subdivision (c), effective January 1, 2015, counties
shall pay an approved relative caregiver a per child per month rate
in return for the care and supervision, as defined in subdivision
(b) of Section 11460, of a child that is placed with the relative
caregiver that is equal to the basic rate paid to foster care providers
pursuant to subdivision (g) of Section 11461, if both of the
following conditions are met:

(1) The county with payment responsibility has notified the
department in writing by October 1 of the year before participation
begins of its decision to participate in the Approved Relative
Caregiver Funding Option Program.

(2) The related child placed in the home meets all of the
following requirements:

begin delete

(A) The child resides in the State of California.

(B) 

end delete

begin insert (A) end insert begin insert   end insert The child is described by subdivision (b), (c), or (e) of
Section 11401 and the county welfare department or the county
probation department is responsible for the placement and care of
the child.

begin delete

(C) 

end delete

begin insert (B) end insert begin insert   end insert The child is not eligible for AFDC-FC while placed with
the approved relative caregiver because the child is not eligible
for federal financial participation in the AFDC-FC payment.

(c) A county’s election to participate in the Approved Relative
Caregiver Funding Option Program shall affirmatively indicate
that the county understands and agrees to all of the following
conditions:

(1) Commencing October 1, 2014, the county shall notify the
department in writing of its decision to participate in the Approved
Relative Caregiver Funding Option Program. Failure to make
timely notification, without good cause as determined by the
department, shall preclude the county from participating in the
program for the upcoming year. Annually thereafter, any county
not presently participating who elects to do so shall notify the
department in writing no later than October 1 of its decision to
participate for the upcoming calendar year.

(2) The county shall confirm that it will make per child per
month payments to all approved relative caregivers on behalf of
eligible children in the amount specified in subdivision (b) for the
duration of the participation of the county in this program.

(3) The county shall confirm that it will be solely responsible
to pay any additional costs needed to make all payments pursuant
to subdivision (b) if the state and federal funds allocated to the
Approved Relative Caregiver Funding Option Program pursuant
to paragraph (1) of subdivision (e) are insufficient to make all
eligible payments.

(d) (1) A county deciding to opt out of the Approved Relative
Caregiver Funding Option Program shall provide at least 120 days’
prior written notice of that decision to the department. Additionally,
the county shall provide at least 90 days’ prior written notice to
the approved relative caregiver or caregivers informing them that
his or her per child per month payment will be reduced and the
date that the reduction will occur.

(2) The department shall presume all counties have opted out
of the Approved Relative Caregiver Funding Option Program if
the funding appropriated in subclause (II) of clause (i) of
subparagraph (B) of paragraph (1) of subdivision (e), including
any additional funds appropriated pursuant to clause (ii) of
subparagraph (B) of paragraph (1) of subdivision (e), is reduced,
unless a county notifies the department in writing of its intent to
opt in within 60 days of enactment of the State Budget. The
counties shall provide at least 90 days’ prior written notice to the
approved relative caregiver or caregivers informing them that his
or her per child per month payment will be reduced, and the date
that the reduction will occur.

(3) Any reduction in payments received by an approved relative
caregiver on behalf of a child under this section that results from
a decision by a county, including the presumed opt-out pursuant
to paragraph (2), to not participate in the Approved Relative
Caregiver Funding Option Program shall be exempt from state
hearing jurisdiction under Section 10950.

(e) (1) The following funding shall be used for the Approved
Relative Caregiver Funding Option Program:

(A) The applicable regional per-child CalWORKs grant.

(B) (i) General Fund resources that do not count toward the
state’s maintenance of effort requirements under Section
609(a)(7)(B)(i) of Title 42 of the United States Code. For this
purpose, the following money is hereby appropriated:

(I) The sum of thirty million dollars ($30,000,000) from the
General Fund for the period January 1, 2015, through December
31, 2015.

(II) The sum of thirty million dollars ($30,000,000) from the
General Fund in each calendar year thereafter, as cumulatively
adjusted annually by the California Necessities Index used for each
May Revision of the Governor’s Budget, to be used in each
respective calendar year.

(ii) To the extent that the appropriation made in subclause (I)
is insufficient to fully fund the base caseload of approved relative
caregivers as of July 1, 2014, for the period of time described in
subclause (I), as jointly determined by the department and the
County Welfare Directors’ Association and approved by the
Department of Finance on or before October 1, 2015, the amounts
specified in subclauses (I) and (II) shall be increased in the
respective amounts necessary to fully fund that base caseload.
Thereafter, the adjusted amount of subclause (II), and the other
terms of that provision, including an annual California Necessities
Index adjustment to its amount, shall apply.

(C) County funds only to the extent required under paragraph
(3) of subdivision (c).

(D) This section is intended to appropriate the funding necessary
to fully fund the base caseload of approved relative caregivers,
defined as the number of approved relative caregivers caring for
a child who is not eligible to receive AFDC-FC payments, as of
July 1, 2014.

(2) Funds available pursuant to subparagraphs (A) and (B) of
paragraph (1) shall be allocated to participating counties
proportionate to the number of their approved relative caregiver
placements, using a methodology and timing developed by the
department, following consultation with county human services
agencies and their representatives.

(3) Notwithstanding subdivision (c), if in any calendar year the
entire amount of funding appropriated by the state for the Approved
Relative Caregiver Funding Option Program has not been fully
allocated to or utilized by counties, a county that has paid any
funds pursuant to subparagraph (C) of paragraph (1) of subdivision
(e) may request reimbursement for those funds from the
department. The authority of the department to approve the requests
shall be limited by the amount of available unallocated funds.

begin insert

(4) Receipt of funding through the Approved Relative Caregiver
Funding Option Program shall begin immediately upon a finding
that the child is not eligible for AFDC-FC pursuant to subdivision
(a) of Section 11404 and initiation of payment shall not be
dependent upon completion of any application. To the extent that
an application or other information is required to determine county
share of costs or for the utilization of CalWORKs funding, the
county shall complete that application, or provide that information,
on behalf of the relative caregiver.

end insert

(f) An approved relative caregiver receiving payments on behalf
of a child pursuant to this section shall not be eligible to receive
additional CalWORKs payments on behalf of the same child under
Section 11450.

(g) To the extent permitted by federal law, payments received
by the approved relative caregiver from the Approved Relative
Caregiver Funding Option Program shall not be considered income
for the purpose of determining other public benefits.

(h) Prior to referral of any individual or recipient, or that
person’s case, to the local child support agency for child support
services pursuant to Section 17415 of the Family Code, the county
human services agency shall determine if an applicant or recipient
has good cause for noncooperation, as set forth in Section
11477.04. If the applicant or recipient claims good cause exception
at any subsequent time to the county human services agency or
the local child support agency, the local child support agency shall
suspend child support services until the county social services
agency determines the good cause claim, as set forth in Section
11477.04. If good cause is determined to exist, the local child
support agency shall suspend child support services until the
applicant or recipient requests their resumption, and shall take
other measures that are necessary to protect the applicant or
recipient and the children. If the applicant or recipient is the parent
of the child for whom aid is sought and the parent is found to have
not cooperated without good cause as provided in Section
11477.04, the applicant’s or recipient’s family grant shall be
reduced by 25 percent for the time the failure to cooperate lasts.

(i) Consistent with Section 17552 of the Family Code, if aid is
paid under this chapter on behalf of a child who is under the
jurisdiction of the juvenile court and whose parent or guardian is
receiving reunification services, the county human services agency
shall determine, prior to referral of the case to the local child
support agency for child support services, whether the referral is
in the best interest of the child, taking into account both of the
following:

(1) Whether the payment of support by the parent will pose a
barrier to the proposed reunification in that the payment of support
will compromise the parent’s ability to meet the requirements of
the parent’s reunification plan.

(2) Whether the payment of support by the parent will pose a
barrier to the proposed reunification in that the payment of support
will compromise the parent’s current or future ability to meet the
financial needs of the child.

begin insert

(j) An approved relative caregiver may receive payments on
behalf of a child who meets the requirements of paragraph (2) of
subdivision (b), regardless of whether the child resides, or will be
residing, outside of the county of jurisdiction or outside of the state
pursuant to his or her placement. The county of jurisdiction shall
be responsible for providing the Approved Relative Caregiver
Funding Option payment to the relative caregiver.

end insert begin insert

(k) A child who has been removed from his or her home and
detained or placed in the home of a relative caregiver and is the
subject of a petition filed under Section 300, 601, or 602, or is the
subject of a voluntary placement agreement, as defined in
subdivision (p) of Section 11400, and who is a teen parent whose
child is living in the same home or placement, shall also receive
an infant supplement, in an amount determined in the manner
provided in subdivision (b) of Section 11465 for a child in a foster
family home.

end insert

SEC. 5.  

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 begin insert , Approved Relative Caregiver Funding Option Program
benefits, end insert or Kin-GAP benefits, the rate paid to the provider on
behalf of the parent shall include an begin delete amount for end delete begin insert infant supplement
to cover the cost of end insert 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, who develops a written parenting support plan
pursuant to Section 16501.26 shall provide the county child welfare
agency or probation department with a copy of the plan and shall
advise the county child welfare agency or probation department
of any subsequent changes to the plan. The payment made pursuant
to this section shall be increased by an additional two hundred
dollars ($200) per month after all of the following have been
satisfied:

(i) The plan has been completed and provided to the appropriate
county agency.

(ii) The plan has been approved by the appropriate county
agency.

(iii) The county agency has determined that the identified
responsible adult meets the criteria specified in Section 16501.27.

(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.

begin insert

(7) An Approved Relative Funding Option Program relative or
a CalWORKs relative may be designated as a whole family foster
home.

end insert

SEC. 6.  

Section 11477.02 of the Welfare and Institutions Code
is amended to read:

11477.02.  

begin insert (a) end insert begin insert   end insert Prior to referral of any individual or recipient,
or that person’s case, to the local child support agency for child
support services under Section 17400 or 17404 of the Family Code,
the county welfare department shall determine if an applicant or
recipient has good cause for noncooperation, as set forth in Section
11477.04. If the applicant or recipient claims a good cause
exception at any subsequent time to the county welfare department
or the local child support agency, the local child support agency
shall suspend child support services until the county welfare
department determines the good cause claim, as set forth in Section
11477.04. If good cause is determined to exist, the local child
support agency shall suspend child support services until the
applicant or recipient requests their resumption, and shall take
such other measures as are necessary to protect the applicant or
recipient and the children. If the applicant or recipient is the parent
of the child for whom aid is sought and the parent is found to have
not cooperated without good cause as provided in Section
11477.04, the applicant’s or recipient’s family grant shall be
reduced by 25 percent for such time as the failure to cooperate
lasts.

begin insert

(b) Consistent with Section 17552 of the Family Code, if aid is
paid under this chapter on behalf of a child who is under the
jurisdiction of the juvenile court and whose parent or guardian is
receiving reunification services, the county welfare department
shall determine, prior to referral of the case to the local child
support agency for child support services, whether the referral is
in the best interest of the child, taking into account both of the
following:

end insert begin insert

(1) Whether the payment of support by the parent will pose a
barrier to the proposed reunification in that the payment of support
will compromise the parent’s ability to meet the requirements of
the parent’s reunification plan.

end insert begin insert

(2) Whether the payment of support by the parent will pose a
barrier to the proposed reunification in that the payment of support
will compromise the parent’s current or future ability to meet the
financial needs of the child.

end insert

SEC. 7.  

Section 13758 is added to the Welfare and Institutions
Code, to read:

13758.  

(a) Every youth who is in foster care and has been
determined to be ineligible for AFDC-FC benefits shall be screened
by the county for potential eligibility for the federal Supplemental
Security Income program utilizing the best practice guidelines
developed pursuant to Section 13752.

(b) An application shall be submitted to the federal Social
Security Administration on behalf of a youth who is screened as
being likely to be eligible for federal Supplemental Security Income
benefits.

SEC. 8.  

An appropriation pursuant to Section 15200 of the
Welfare and Institutions Code shall not be made for purposes of
implementing this act.

SEC. 9.  

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.