Amended in Assembly May 28, 2015

Amended in Assembly April 23, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 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 amended, 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 who is placed in the approved home of a relative is eligible for AFDC-FC if he or she is 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.

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 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 instead require the county, immediately following the placement of a child in the home of a relative, to initiate an application for CalWORKs on behalf of the child. The bill would require the county, concurrently with initiating the application for CalWORKs, to evaluate and approve or deny the home for purposes of AFDC-FC eligibility, and, if the child is found to be ineligible for AFDC-FC, would require the placing agency to initiate and complete the applications for, and determine eligibility for, the Approved Relative Caregiver Funding Option Program, as specified, and screen the child for eligibility for the federal Supplemental Security Income program. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P3    1

SECTION 1.  

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

3

309.  

(a) Upon delivery to the social worker of a child who has
4been taken into temporary custody under this article, the social
5worker shall immediately investigate the circumstances of the child
6and the facts surrounding the child’s being taken into custody and
7attempt to maintain the child with the child’s family through the
8provision of services. The social worker shall immediately release
9the child to the custody of the child’s parent, guardian, or
10responsible relative, regardless of the parent’s, guardian’s, or
11relative’s immigration status, unless one or more of the following
12conditions exist:

13(1) The child has no parent, guardian, or responsible relative;
14or the child’s parent, guardian, or responsible relative is not willing
15to provide care for the child.

16(2) Continued detention of the child is a matter of immediate
17and urgent necessity for the protection of the child and there are
P4    1no reasonable means by which the child can be protected in his or
2her home or the home of a responsible relative.

3(3) There is substantial evidence that a parent, guardian, or
4custodian of the child is likely to flee the jurisdiction of the court.

5(4) The child has left a placement in which he or she was placed
6by the juvenile court.

7(5) The parent or other person having lawful custody of the
8child voluntarily surrendered physical custody of the child pursuant
9to Section 1255.7 of the Health and Safety Code and did not
10reclaim the child within the 14-day period specified in subdivision
11 (g) of that section.

12(b) In any case in which there is reasonable cause for believing
13that a child who is under the care of a physician and surgeon or a
14hospital, clinic, or other medical facility and cannot be immediately
15moved and is a person described in Section 300, the child shall be
16deemed to have been taken into temporary custody and delivered
17to the social worker for the purposes of this chapter while the child
18is at the office of the physician and surgeon or the medical facility.

19(c) If the child is not released to his or her parent or guardian,
20the child shall be deemed detained for purposes of this chapter.

21(d) (1) If an able and willing relative, as defined in Section 319,
22or an able and willing nonrelative extended family member, as
23defined in Section 362.7, is available and requests temporary
24placement of the child pending the detention hearing, or after the
25detention hearing and pending the dispositional hearing conducted
26pursuant to Section 358, the county welfare department shall
27initiate an assessment of the relative’s or nonrelative extended
28family member’s suitability, which shall include an in-home
29inspection to assess the safety of the home and the ability of the
30relative or nonrelative extended family member to care for the
31child’s needs, and a consideration of the results of a criminal
32records check conducted pursuant to subdivision (a) of Section
3316504.5 and a check of allegations of prior child abuse or neglect
34concerning the relative or nonrelative extended family member
35and other adults in the home. A relative’s identification card from
36a foreign consulate or foreign passport shall be considered a valid
37form of identification for conducting a criminal records check and
38fingerprint clearance check under this subdivision. Upon
39 completion of this assessment, the child may be placed in the
40assessed home. For purposes of this paragraph, and except for the
P5    1criminal records check conducted pursuant to subdivision (a) of
2Section 16504.5, the standards used to determine suitability shall
3be the same standards set forth in the regulations for the licensing
4of foster family homes.

5(2) (A) Immediately following the placement of a child in the
6home of a relative, the county shall initiate an application for
7CalWORKs pursuant to Article 2 (commencing with Section
811250) on behalf of the child in order to ensure that the child
9receives funding while eligibility determinations for other benefits
10are pending. If the relative caregiver is also needy, the relative
11caregiver shall be responsible for applying for CalWORKs benefits
12to cover his or her own needs.

13(B) Concurrently with initiating the application for CalWORKs
14pursuant to this paragraph, the county welfare department shall
15also evaluate and approve or deny the home for purposes of
16AFDC-FC eligibility pursuant to Section 11402. The placing
17agency shall initiate the application for AFDC-FC and determine
18eligibility. If the child is found to be ineligible for AFDC-FC, the
19county shall initiate and complete the application for, and determine
20eligibility for, the Approved Relative Caregiver Funding Option
21Program if the child is placed with a relative and the county has
22opted into the program pursuant to Section 11461.3.

23(C) If the county determines that the child is not eligible for
24AFDC-FC benefits, the county welfare department shall explain
25the specific basis for this determination and shall screen the child
26for eligibility for the federal Supplemental Security Income
27program in accordance with Section 13758. The application date
28forbegin delete AFDC-FC benefits, the Approved Relative Caregiver Funding
29Option Program, orend delete
CalWORKsbegin insert for the childend insert shall be the date the
30child was placed with the relative.

31(3) The standards used to evaluate and grant or deny approval
32of the home of the relative and of the home of a nonrelative
33extended family member, as described in Section 362.7, shall be
34the same standards set forth in regulations for the licensing of
35foster family homes which prescribe standards of safety and
36sanitation for the physical plant and standards for basic personal
37care, supervision, and services provided by the caregiver.

38(4) To the extent allowed by federal law, as a condition of
39receiving funding under Title IV-E of the federal Social Security
40Act (42 U.S.C. Sec. 670 et seq.), if a relative or nonrelative
P6    1extended family member meets all other conditions for approval,
2except for the receipt of the Federal Bureau of Investigation’s
3criminal history information for the relative or nonrelative extended
4family member, and other adults in the home, as indicated, the
5county welfare department may approve the home and document
6that approval, if the relative or nonrelative extended family
7member, and each adult in the home, has signed and submitted a
8statement that he or she has never been convicted of a crime in the
9United States, other than a traffic infraction as defined in paragraph
10(1) of subdivision (a) of Section 42001 of the Vehicle Code. If,
11after the approval has been granted, the department determines
12that the relative or nonrelative extended family member or other
13adult in the home has a criminal record, the approval may be
14terminated.

15(5) If the criminal records check indicates that the person has
16been convicted of a crime for which the Director of Social Services
17cannot grant an exemption under Section 1522 of the Health and
18Safety Code, the child shall not be placed in the home. If the
19criminal records check indicates that the person has been convicted
20of a crime for which the Director of Social Services may grant an
21exemption under Section 1522 of the Health and Safety Code, the
22child shall not be placed in the home unless a criminal records
23exemption has been granted by the county based on substantial
24and convincing evidence to support a reasonable belief that the
25person with the criminal conviction is of such good character as
26to justify the placement and not present a risk of harm to the child.

27(e) (1) If the child is removed, the social worker shall conduct,
28within 30 days, an investigation in order to identify and locate all
29grandparents, adult siblings, and other adult relatives of the child,
30as defined in paragraph (2) of subdivision (f) of Section 319,
31including any other adult relatives suggested by the parents. The
32social worker shall provide to all adult relatives who are located,
33except when that relative’s history of family or domestic violence
34makes notification inappropriate, within 30 days of removal of the
35child, written notification and shall also, whenever appropriate,
36provide oral notification, in person or by telephone, of all the
37following information:

38(A) The child has been removed from the custody of his or her
39parent or parents, or his or her guardians.

P7    1(B) An explanation of the various options to participate in the
2care and placement of the child and support for the child’s family,
3including any options that may be lost by failing to respond. The
4notice shall provide information about providing care for the child
5while the family receives reunification services with the goal of
6returning the child to the parent or guardian, how to become a
7foster family home or approved relative or nonrelative extended
8family member as defined in Section 362.7, and additional services
9and support that are available in out-of-home placements. The
10notice shall also include information regarding the Kin-GAP
11Program (Article 4.5 (commencing with Section 11360) of Chapter
122 of Part 3 of Division 9), the CalWORKs program for approved
13relative caregivers (Chapter 2 (commencing with Section 11200)
14of Part 3 of Division 9), the Approved Relative Caregiver Funding
15Option Program if the county has opted into the program under
16Section 11461.3, adoption, and adoption assistance (Chapter 2.1
17(commencing with Section 16115) of Part 4 of Division 9), as well
18as other options for contact with the child, including, but not
19limited to, visitation. The State Department of Social Services, in
20consultation with the County Welfare Directors Association of
21California and other interested stakeholders, shall develop the
22written notice.

23(2) The social worker shall also provide the adult relatives
24notified pursuant to paragraph (1) with a relative information form
25to provide information to the social worker and the court regarding
26the needs of the child. The form shall include a provision whereby
27the relative may request the permission of the court to address the
28court, if the relative so chooses. The Judicial Council, in
29consultation with the State Department of Social Services and the
30County Welfare Directors Association of California, shall develop
31the form.

32(3) The social worker shall use due diligence in investigating
33the names and locations of the relatives pursuant to paragraph (1),
34including, but not limited to, asking the child in an age-appropriate
35manner about relatives important to the child, consistent with the
36child’s best interest, and obtaining information regarding the
37location of the child’s adult relatives. Each county welfare
38department shall create and make public a procedure by which
39relatives of a child who has been removed from his or her parents
40or guardians may identify themselves to the county welfare
P8    1department and be provided with the notices required by paragraphs
2(1) and (2).

3(f) In addition to the notice required by subdivision (e), if a
4relative requests placement of the child, the county social worker
5or eligibility worker shall explain to the relative, either in person
6or by telephone, the eligibility requirements and benefit amounts
7for the AFDC-FC and CalWORKs programs, and the Approved
8Relative Caregiver Funding Option Program if the county has
9opted into the program under Section 11461.3, as well as any
10actions the relative could take to affect the child’s eligibility for
11those programs.

12

SEC. 2.  

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

14

361.45.  

(a) Notwithstanding any other law, when the sudden
15unavailability of a foster caregiver requires a change in placement
16on an emergency basis for a child who is under the jurisdiction of
17the juvenile court pursuant to Section 300, if an able and willing
18relative, as defined in Section 319, or an able and willing
19nonrelative extended family member, as defined in Section 362.7,
20is available and requests temporary placement of the child pending
21resolution of the emergency situation, the county welfare
22department shall initiate an assessment of the relative’s or
23nonrelative extended family member’s suitability, which shall
24include an in-home inspection to assess the safety of the home and
25the ability of the relative or nonrelative extended family member
26 to care for the child’s needs, and a consideration of the results of
27a criminal records check conducted pursuant to Section 16504.5
28and a check of allegations of prior child abuse or neglect
29concerning the relative or nonrelative extended family member
30and other adults in the home. Upon completion of this assessment,
31the child may be placed in the assessed home. For purposes of this
32paragraph, and except for the criminal records check conducted
33pursuant to Section 16504.5, the standards used to determine
34suitability shall be the same standards set forth in the regulations
35for the licensing of foster family homes.

36(b) (1) Immediately following the placement of a child in the
37home of a relative, the county shall initiate an application for
38CalWORKs pursuant to Article 2 (commencing with Section
3911250) on behalf of the child in order to ensure that the child
40receives funding while eligibility determinations for other benefits
P9    1are pending. If the relative caregiver is also needy, the relative
2caregiver shall be responsible for applying for CalWORKs benefits
3to cover his or her own needs.

4(2) Concurrently with initiating the application for CalWORKs
5pursuant to this subdivision, the county welfare department shall
6also evaluate and approve or deny the home for purposes of
7AFDC-FC eligibility pursuant to Section 11402. The placing
8agency shall initiate the application for AFDC-FC and determine
9eligibility. If the child is found to be ineligible for AFDC-FC, the
10county shall initiate and complete the application for, and determine
11eligibility for, the Approved Relative Caregiver Funding Option
12Program if the child is placed with a relative and the county has
13opted into the program pursuant to Section 11461.3.

14(3) If the county determines that the child is not eligible for
15AFDC-FC benefits, the county welfare department shall explain
16the specific basis for this determination and shall screen the child
17for eligibility for the federal Supplemental Security Income
18program in accordance with Section 13758. The application date
19forbegin delete AFDC-FC benefits, the Approved Relative Caregiver Funding
20Option Program, orend delete
CalWORKsbegin insert for the childend insert shall be the date the
21child was placed with the relative.

22(c) The standards used to evaluate and grant or deny approval
23of the home of the relative and of the home of a nonrelative
24extended family member, as described in Section 362.7, shall be
25the same standards set forth in regulations for the licensing of
26foster family homes which prescribe standards of safety and
27sanitation for the physical plant and standards for basic personal
28care, supervision, and services provided by the caregiver.

29(d) If a relative or nonrelative extended family member, and
30other adults in the home, as indicated, meets all other conditions
31for approval, except for the receipt of the Federal Bureau of
32Investigation’s criminal history information for the relative or
33nonrelative extended family member, the county welfare
34department may approve the home and document that approval,
35if the relative or nonrelative extended family member, and each
36adult in the home, has signed and submitted a statement that he or
37she has never been convicted of a crime in the United States, other
38than a traffic infraction as defined in paragraph (1) of subdivision
39(a) of Section 42001 of the Vehicle Code. If, after the approval
40has been granted, the department determines that the relative or
P10   1nonrelative extended family member or other adult in the home
2has a criminal record, the approval may be terminated.

3(e) (1) If a nonminor dependent, as defined in subdivision (v)
4of Section 11400, is placed in the home of a relative or nonrelative
5extended family member, the home shall be approved using the
6same standards set forth in regulations as described in Section
71502.7 of the Health and Safety Code.

8(2) The department, in consultation with representatives of the
9Legislature, the County Welfare Directors Association, the Chief
10Probation Officers of California, the California Youth Connection,
11the Judicial Council, former foster youth, child advocacy
12organizations, dependency counsel for children, juvenile justice
13advocacy organizations, foster caregiver organizations, labor
14organizations, and representatives of Indian tribes, shall revise
15regulations regarding health and safety standards for approving
16relative homes in which nonminor dependents, as defined in
17subdivision (v) of Section 11400, of the juvenile court are placed
18under the responsibility of the county welfare or probation
19department, or an Indian tribe that entered into an agreement
20pursuant to Section 10553.1.

21(3) Notwithstanding the Administrative Procedure Act (Chapter
223.5 (commencing with Section 11340) of Part 1 of Division 3 of
23Title 2 of the Government Code), the department, in consultation
24with the stakeholders listed in paragraph (2), shall prepare for
25implementation of the applicable provisions of this section by
26publishing all-county letters or similar instructions from the director
27by October 1, 2011, to be effective January 1, 2012. Emergency
28regulations to implement this section may be adopted by the
29director in accordance with the Administrative Procedure Act. The
30initial adoption of the emergency regulations and one readoption
31of the initial regulations shall be deemed to be an emergency and
32necessary for the immediate preservation of the public peace,
33health, safety, or general welfare. Initial emergency regulations
34and the first readoption of those emergency regulations shall be
35exempt from review by the Office of Administrative Law. The
36emergency regulations authorized by this section shall be submitted
37to the Office of Administrative Law for filing with the Secretary
38of State and shall remain in effect for no more than 180 days.

P11   1

SEC. 3.  

Section 11450 of the Welfare and Institutions Code,
2as added by Section 4 of Chapter 632 of the Statutes of 2014, is
3amended to read:

4

11450.  

(a) (1) (A) Aid shall be paid for each needy family,
5which shall include all eligible brothers and sisters of each eligible
6applicant or recipient child and the parents of the children, but
7shall not include unborn children, or recipients of aid under Chapter
83 (commencing with Section 12000), qualified for aid under this
9chapter. In determining the amount of aid paid, and notwithstanding
10the minimum basic standards of adequate care specified in Section
1111452, the family’s income, exclusive of any amounts considered
12exempt as income or paid pursuant to subdivision (e) or Section
1311453.1, determined for the prospective semiannual period
14pursuant to Sections 11265.1, 11265.2, and 11265.3, and then
15calculated pursuant to Section 11451.5, shall be deducted from
16the sum specified in the following table, as adjusted for
17cost-of-living increases pursuant to Section 11453 and paragraph
18(2). In no case shall the amount of aid paid for each month exceed
19the sum specified in the following table, as adjusted for
20cost-of-living increases pursuant to Section 11453 and paragraph
21(2), plus any special needs, as specified in subdivisions (c), (e),
22(f), and (g):


23

 

 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

P11  38

 

39(B) If, when, and during those times that the United States
40government increases or decreases its contributions in assistance
P12   1of needy children in this state above or below the amount paid on
2July 1, 1972, the amounts specified in the above table shall be
3increased or decreased by an amount equal to that increase or
4decrease by the United States government, provided that no
5increase or decrease shall be subject to subsequent adjustment
6pursuant to Section 11453.

7(2) The sums specified in paragraph (1) shall not be adjusted
8for cost of living for the 1990-91, 1991-92, 1992-93, 1993-94,
91994-95, 1995-96, 1996-97, and 1997-98 fiscal years, and through
10October 31, 1998, nor shall that amount be included in the base
11for calculating any cost-of-living increases for any fiscal year
12thereafter. Elimination of the cost-of-living adjustment pursuant
13to this paragraph shall satisfy the requirements of Section 11453.05,
14and no further reduction shall be made pursuant to that section.

15(b) (1) When the family does not include a needy child qualified
16for aid under this chapter, aid shall be paid to a pregnant child who
17is 18 years of age or younger at any time after verification of
18pregnancy, in the amount that would otherwise be paid to one
19person, as specified in subdivision (a), if the child and her child,
20if born, would have qualified for aid under this chapter. Verification
21of pregnancy shall be required as a condition of eligibility for aid
22under this subdivision.

23(2)  Notwithstanding paragraph (1), when the family does not
24include a needy child qualified for aid under this chapter, aid shall
25be paid to a pregnant woman for the month in which the birth is
26anticipated and for the six-month period immediately prior to the
27month in which the birth is anticipated, in the amount that would
28otherwise be paid to one person, as specified in subdivision (a), if
29the woman and child, if born, would have qualified for aid under
30this chapter. Verification of pregnancy shall be required as a
31condition of eligibility for aid under this subdivision.

32(3) Paragraph (1) shall apply only when the Cal-Learn Program
33is operative.

34(c) The amount of forty-seven dollars ($47) per month shall be
35paid to pregnant women qualified for aid under subdivision (a) or
36(b) to meet special needs resulting from pregnancy if the woman
37and child, if born, would have qualified for aid under this chapter.
38County welfare departments shall refer all recipients of aid under
39this subdivision to a local provider of the Women, Infants, and
40Children program. If that payment to pregnant women qualified
P13   1for aid under subdivision (a) is considered income under federal
2law in the first five months of pregnancy, payments under this
3subdivision shall not apply to persons eligible under subdivision
4(a), except for the month in which birth is anticipated and for the
5three-month period immediately prior to the month in which
6delivery is anticipated, if the woman and child, if born, would have
7qualified for aid under this chapter.

8(d) For children receiving AFDC-FC under this chapter, there
9shall be paid, exclusive of any amount considered exempt as
10income, an amount of aid each month that, when added to the
11child’s income, is equal to the rate specified in Section 11460,
1211461, 11462, 11462.1, or 11463. In addition, the child shall be
13eligible for special needs, as specified in departmental regulations.

14(e) In addition to the amounts payable under subdivision (a)
15and Section 11453.1, a family shall be entitled to receive an
16allowance for recurring special needs not common to a majority
17of recipients. These recurring special needs shall include, but not
18be limited to, special diets upon the recommendation of a physician
19for circumstances other than pregnancy, and unusual costs of
20transportation, laundry, housekeeping services, telephone, and
21utilities. The recurring special needs allowance for each family
22per month shall not exceed that amount resulting from multiplying
23the sum of ten dollars ($10) by the number of recipients in the
24family who are eligible for assistance.

25(f) After a family has used all available liquid resources, both
26 exempt and nonexempt, in excess of one hundred dollars ($100),
27with the exception of funds deposited in a restricted account
28described in subdivision (a) of Section 11155.2, the family shall
29also be entitled to receive an allowance for nonrecurring special
30needs.

31(1) An allowance for nonrecurring special needs shall be granted
32for replacement of clothing and household equipment and for
33emergency housing needs other than those needs addressed by
34paragraph (2). These needs shall be caused by sudden and unusual
35circumstances beyond the control of the needy family. The
36department shall establish the allowance for each of the
37nonrecurring special needs items. The sum of all nonrecurring
38special needs provided by this subdivision shall not exceed six
39hundred dollars ($600) per event.

P14   1(2) (A) Homeless assistance is available to a homeless family
2seeking shelter when the family is eligible for aid under this
3chapter. Homeless assistance for temporary shelter is also available
4to homeless families that are apparently eligible for aid under this
5chapter. Apparent eligibility exists when evidence presented by
6the applicant, or that is otherwise available to the county welfare
7department, and the information provided on the application
8documents indicate that there would be eligibility for aid under
9this chapter if the evidence and information were verified.
10However, an alien applicant who does not provide verification of
11his or her eligible alien status, or a woman with no eligible children
12who does not provide medical verification of pregnancy, is not
13apparently eligible for purposes of this section.

14(B) A family is considered homeless, for the purpose of this
15section, when the family lacks a fixed and regular nighttime
16residence; or the family has a primary nighttime residence that is
17a supervised publicly or privately operated shelter designed to
18provide temporary living accommodations; or the family is residing
19in a public or private place not designed for, or ordinarily used as,
20a regular sleeping accommodation for human beings. A family is
21also considered homeless for the purpose of this section if the
22family has received a notice to pay rent or quit. The family shall
23demonstrate that the eviction is the result of a verified financial
24hardship as a result of extraordinary circumstances beyond their
25control, and not other lease or rental violations, and that the family
26is experiencing a financial crisis that could result in homelessness
27if preventative assistance is not provided.

28(3) (A) (i) A nonrecurring special needs benefit of sixty-five
29dollars ($65) a day shall be available to families of up to four
30members for the costs of temporary shelter, subject to the
31requirements of this paragraph. The fifth and additional members
32of the family shall each receive fifteen dollars ($15) per day, up
33to a daily maximum of one hundred twenty-five dollars ($125).
34County welfare departments may increase the daily amount
35available for temporary shelter as necessary to secure the additional
36bedspace needed by the family.

37(ii) This special needs benefit shall be granted or denied
38immediately upon the family’s application for homeless assistance,
39 and benefits shall be available for up to three working days. The
40county welfare department shall verify the family’s homelessness
P15   1within the first three working days and if the family meets the
2criteria of questionable homelessness established by the
3department, the county welfare department shall refer the family
4to its early fraud prevention and detection unit, if the county has
5such a unit, for assistance in the verification of homelessness within
6this period.

7(iii) After homelessness has been verified, the three-day limit
8shall be extended for a period of time which, when added to the
9initial benefits provided, does not exceed a total of 16 calendar
10days. This extension of benefits shall be done in increments of one
11week and shall be based upon searching for permanent housing
12which shall be documented on a housing search form, good cause,
13or other circumstances defined by the department. Documentation
14of a housing search shall be required for the initial extension of
15benefits beyond the three-day limit and on a weekly basis thereafter
16as long as the family is receiving temporary shelter benefits. Good
17cause shall include, but is not limited to, situations in which the
18county welfare department has determined that the family, to the
19extent it is capable, has made a good faith but unsuccessful effort
20to secure permanent housing while receiving temporary shelter
21benefits.

22(B) (i) A nonrecurring special needs benefit for permanent
23housing assistance is available to pay for last month’s rent and
24security deposits when these payments are reasonable conditions
25of securing a residence, or to pay for up to two months of rent
26arrearages, when these payments are a reasonable condition of
27preventing eviction.

28(ii) The last month’s rent or monthly arrearage portion of the
29payment (I) shall not exceed 80 percent of the family’s total
30monthly household income without the value of CalFresh benefits
31or special needs benefit for a family of that size and (II) shall only
32be made to families that have found permanent housing costing
33no more than 80 percent of the family’s total monthly household
34income without the value of CalFresh benefits or special needs
35benefit for a family of that size.

36(iii) However, if the county welfare department determines that
37a family intends to reside with individuals who will be sharing
38housing costs, the county welfare department shall, in appropriate
39circumstances, set aside the condition specified in subclause (II)
40of clause (ii).

P16   1(C) The nonrecurring special needs benefit for permanent
2housing assistance is also available to cover the standard costs of
3deposits for utilities which are necessary for the health and safety
4of the family.

5(D) A payment for or denial of permanent housing assistance
6shall be issued no later than one working day from the time that a
7family presents evidence of the availability of permanent housing.
8If an applicant family provides evidence of the availability of
9permanent housing before the county welfare department has
10established eligibility for aid under this chapter, the county welfare
11department shall complete the eligibility determination so that the
12denial of or payment for permanent housing assistance is issued
13within one working day from the submission of evidence of the
14availability of permanent housing, unless the family has failed to
15provide all of the verification necessary to establish eligibility for
16aid under this chapter.

17(E) (i) Except as provided in clauses (ii) and (iii), eligibility
18for the temporary shelter assistance and the permanent housing
19assistance pursuant to this paragraph shall be limited to one period
20of up to 16 consecutive calendar days of temporary assistance and
21one payment of permanent assistance. Any family that includes a
22parent or nonparent caretaker relative living in the home who has
23previously received temporary or permanent homeless assistance
24at any time on behalf of an eligible child shall not be eligible for
25further homeless assistance. Any person who applies for homeless
26assistance benefits shall be informed that the temporary shelter
27benefit of up to 16 consecutive days is available only once in a
28lifetime, with certain exceptions, and that a break in the consecutive
29use of the benefit constitutes permanent exhaustion of the
30temporary benefit.

31(ii) A family that becomes homeless as a direct and primary
32result of a state or federally declared natural disaster shall be
33eligible for temporary and permanent homeless assistance.

34(iii) A family shall be eligible for temporary and permanent
35homeless assistance when homelessness is a direct result of
36domestic violence by a spouse, partner, or roommate; physical or
37mental illness that is medically verified that shall not include a
38diagnosis of alcoholism, drug addiction, or psychological stress;
39or, the uninhabitability of the former residence caused by sudden
40and unusual circumstances beyond the control of the family
P17   1including natural catastrophe, fire, or condemnation. These
2circumstances shall be verified by a third-party governmental or
3private health and human services agency, except that domestic
4violence may also be verified by a sworn statement by the victim,
5as provided under Section 11495.25. Homeless assistance payments
6based on these specific circumstances may not be received more
7often than once in any 12-month period. In addition, if the domestic
8violence is verified by a sworn statement by the victim, the
9homeless assistance payments shall be limited to two periods of
10not more than 16 consecutive calendar days of temporary assistance
11and two payments of permanent assistance. A county may require
12that a recipient of homeless assistance benefits who qualifies under
13this paragraph for a second time in a 24-month period participate
14in a homelessness avoidance case plan as a condition of eligibility
15for homeless assistance benefits. The county welfare department
16shall immediately inform recipients who verify domestic violence
17by a sworn statement of the availability of domestic violence
18counseling and services, and refer those recipients to services upon
19request.

20(iv) If a county requires a recipient who verifies domestic
21violence by a sworn statement to participate in a homelessness
22avoidance case plan pursuant to clause (iii), the plan shall include
23the provision of domestic violence services, if appropriate.

24(v) If a recipient seeking homeless assistance based on domestic
25violence pursuant to clause (iii) has previously received homeless
26avoidance services based on domestic violence, the county shall
27review whether services were offered to the recipient and consider
28what additional services would assist the recipient in leaving the
29domestic violence situation.

30(vi) The county welfare department shall report necessary data
31to the department through a statewide homeless assistance payment
32indicator system, as requested by the department, regarding all
33recipients of aid under this paragraph.

34(F) The county welfare departments, and all other entities
35participating in the costs of the CalWORKs program, have the
36right in their share to any refunds resulting from payment of the
37permanent housing. However, if an emergency requires the family
38to move within the 12-month period specified in subparagraph
39(E), the family shall be allowed to use any refunds received from
40its deposits to meet the costs of moving to another residence.

P18   1(G) Payments to providers for temporary shelter and permanent
2housing and utilities shall be made on behalf of families requesting
3these payments.

4(H) The daily amount for the temporary shelter special needs
5benefit for homeless assistance may be increased if authorized by
6the current year’s Budget Act by specifying a different daily
7allowance and appropriating the funds therefor.

8(I) No payment shall be made pursuant to this paragraph unless
9the provider of housing is a commercial establishment, shelter, or
10person in the business of renting properties who has a history of
11renting properties.

12(g) A child who has been removed from his or her home and
13detained or placed in the home of a relative caregiver and is the
14subject of a petition filed under Section 300, 601, or 602, or is the
15subject of a voluntary placement agreement, as defined in
16subdivision (p) of Section 11400, and who is a teen parent whose
17child is living in the same home or placement, shall also receive
18an infant supplement, in an amount determined in the manner
19provided in subdivision (b) of Section 11465 for a child in a foster
20family home.

21(h) The department shall establish rules and regulations ensuring
22the uniform statewide application of this section.

23(i) The department shall notify all applicants and recipients of
24aid through the standardized application form that these benefits
25are available and shall provide an opportunity for recipients to
26apply for the funds quickly and efficiently.

27(j) (1) Except for the purposes of Section 15200, the amounts
28payable to recipients pursuant to Section 11453.1 shall not
29constitute part of the payment schedule set forth in subdivision
30(a).

31(2) The amounts payable to recipients pursuant to Section
3211453.1 shall not constitute income to recipients of aid under this
33section.

34(k) For children receiving Kin-GAP pursuant to Article 4.5
35(commencing with Section 11360) or Article 4.7 (commencing
36with Section 11385) there shall be paid, exclusive of any amount
37considered exempt as income, an amount of aid each month, which,
38when added to the child’s income, is equal to the rate specified in
39Sections 11364 and 11387.

P19   1(l) (1) A county shall implement the semiannual reporting
2requirements in accordance with Chapter 501 of the Statutes of
32011 no later than October 1, 2013.

4(2) Upon completion of the implementation described in
5paragraph (1), each county shall provide a certificate to the director
6certifying that semiannual reporting has been implemented in the
7county.

8(3) Upon filing the certificate described in paragraph (2), a
9county shall comply with the semiannual reporting provisions of
10this section.

11

SEC. 4.  

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

13

11461.3.  

(a) (1) The Legislature recognizes the importance
14of approved relative caregivers to the state’s child welfare system.
15Relative placements are the most utilized type of foster placement
16in California. In establishing the Approved Relative Caregiver
17Funding Option Program pursuant to this section, the Legislature
18intends to ensure that children placed with relatives are able to
19access state funding in an equal amount and in a similar manner
20to children in other types of foster placements.

21(2) The Approved Relative Caregiver Funding Option Program
22is hereby established for the purpose of making the amount paid
23to approved relative caregivers for the in-home care of children
24placed with them who are ineligible for AFDC-FC payments equal
25to the amount paid on behalf of children who are eligible for
26AFDC-FC payments. This is an optional program for counties
27choosing to participate, and in so doing, participating counties
28agree to the terms of this section as a condition of their
29participation. It is the intent of the Legislature that the funding
30described in paragraph (1) of subdivision (e) for the Approved
31Relative Caregiver Funding Option Program be appropriated, and
32available for use from January through December of each year,
33unless otherwise specified.

34(b) Subject to subdivision (c), effective January 1, 2015, counties
35shall pay an approved relative caregiver a per child per month rate
36in return for the care and supervision, as defined in subdivision
37(b) of Section 11460, of a child that is placed with the relative
38caregiver that is equal to the basic rate paid to foster care providers
39pursuant to subdivision (g) of Section 11461, if both of the
40following conditions are met:

P20   1(1) The county with payment responsibility has notified the
2department in writing by October 1 of the year before participation
3begins of its decision to participate in the Approved Relative
4Caregiver Funding Option Program.

5(2) The related child placed in the home meets all of the
6following requirements:

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

8(B) The child is described by subdivision (b), (c), or (e) of
9Section 11401 and the county welfare department or the county
10probation department is responsible for the placement and care of
11the child.

12(C) The child is not eligible for AFDC-FC while placed with
13the approved relative caregiver because the child is not eligible
14for federal financial participation in the AFDC-FC payment.

15(c) A county’s election to participate in the Approved Relative
16Caregiver Funding Option Program shall affirmatively indicate
17that the county understands and agrees to all of the following
18conditions:

19(1) Commencing October 1, 2014, the county shall notify the
20department in writing of its decision to participate in the Approved
21Relative Caregiver Funding Option Program. Failure to make
22timely notification, without good cause as determined by the
23department, shall preclude the county from participating in the
24program for the upcoming year. Annually thereafter, any county
25not presently participating who elects to do so shall notify the
26department in writing no later than October 1 of its decision to
27participate for the upcoming calendar year.

28(2) The county shall confirm that it will make per child per
29month payments to all approved relative caregivers on behalf of
30eligible children in the amount specified in subdivision (b) for the
31duration of the participation of the county in this program.

32(3) The county shall confirm that it will be solely responsible
33to pay any additional costs needed to make all payments pursuant
34to subdivision (b) if the state and federal funds allocated to the
35Approved Relative Caregiver Funding Option Program pursuant
36to paragraph (1) of subdivision (e) are insufficient to make all
37eligible payments.

38(d) (1) A county deciding to opt out of the Approved Relative
39Caregiver Funding Option Program shall provide at least 120 days’
40prior written notice of that decision to the department. Additionally,
P21   1the county shall provide at least 90 days’ prior written notice to
2the approved relative caregiver or caregivers informing them that
3his or her per child per month payment will be reduced and the
4date that the reduction will occur.

5(2) The department shall presume all counties have opted out
6of the Approved Relative Caregiver Funding Option Program if
7the funding appropriated in subclause (II) of clause (i) of
8subparagraph (B) of paragraph (1) of subdivision (e), including
9any additional funds appropriated pursuant to clause (ii) of
10subparagraph (B) of paragraph (1) of subdivision (e), is reduced,
11unless a county notifies the department in writing of its intent to
12opt in within 60 days of enactment of the State Budget. The
13counties shall provide at least 90 days’ prior written notice to the
14approved relative caregiver or caregivers informing them that his
15or her per child per month payment will be reduced, and the date
16that the reduction will occur.

17(3) Any reduction in payments received by an approved relative
18caregiver on behalf of a child under this section that results from
19a decision by a county, including the presumedbegin delete opt-outend deletebegin insert opt outend insert
20 pursuant to paragraph (2), to not participate in the Approved
21Relative Caregiver Funding Option Program shall be exempt from
22state hearing jurisdiction under Section 10950.

23(e) (1) The following funding shall be used for the Approved
24Relative Caregiver Funding Option Program:

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

26(B) (i) General Fund resources that do not count toward the
27state’s maintenance of effort requirements under Section
28609(a)(7)(B)(i) of Title 42 of the United States Code. For this
29purpose, the following money is hereby appropriated:

30(I) The sum of thirty million dollars ($30,000,000) from the
31General Fund for the period January 1, 2015, through December
3231, 2015.

33(II) The sum of thirty million dollars ($30,000,000) from the
34General Fund in each calendar year thereafter, as cumulatively
35adjusted annually by the California Necessities Index used for each
36May Revision of the Governor’s Budget, to be used in each
37respective calendar year.

38(ii) To the extent that the appropriation made in subclause (I)
39is insufficient to fully fund the base caseload of approved relative
40caregivers as of July 1, 2014, for the period of time described in
P22   1subclause (I), as jointly determined by the department and the
2County Welfare Directors’ Association and approved by the
3Department of Finance on or before October 1, 2015, the amounts
4specified in subclauses (I) and (II) shall be increased in the
5respective amounts necessary to fully fund that base caseload.
6Thereafter, the adjusted amount of subclause (II), and the other
7terms of that provision, including an annual California Necessities
8Index adjustment to its amount, shall apply.

9(C) County funds only to the extent required under paragraph
10(3) of subdivision (c).

11(D) This section is intended to appropriate the funding necessary
12to fully fund the base caseload of approved relative caregivers,
13defined as the number of approved relative caregivers caring for
14a child who is not eligible to receive AFDC-FC payments, as of
15July 1, 2014.

16(2) Funds available pursuant to subparagraphs (A) and (B) of
17paragraph (1) shall be allocated to participating counties
18 proportionate to the number of their approved relative caregiver
19placements, using a methodology and timing developed by the
20department, following consultation with county human services
21agencies and their representatives.

22(3) Notwithstanding subdivision (c), if in any calendar year the
23entire amount of funding appropriated by the state for the Approved
24Relative Caregiver Funding Option Program has not been fully
25allocated to or utilized by counties, a county that has paid any
26funds pursuant to subparagraph (C) of paragraph (1) of subdivision
27(e) may request reimbursement for those funds from the
28department. The authority of the department to approve the requests
29shall be limited by the amount of available unallocated funds.

30(4) Receipt of funding through the Approved Relative Caregiver
31Funding Option Program shall begin immediately upon a finding
32that the child is not eligible for AFDC-FC pursuant to subdivision
33(a) of Section 11404 and initiation of payment shall not be
34dependent upon completion of any application. To the extent that
35an application or other information is required to determine county
36share of costs or for the utilization of CalWORKs funding, the
37county shall complete that application, or provide that information,
38on behalf of the relative caregiver.

39(f) An approved relative caregiver receiving payments on behalf
40of a child pursuant to this section shall not be eligible to receive
P23   1additional CalWORKs payments on behalf of the same child under
2Section 11450.

3(g) To the extent permitted by federal law, payments received
4by the approved relative caregiver from the Approved Relative
5Caregiver Funding Option Program shall not be considered income
6for the purpose of determining other public benefits.

7(h) Prior to referral of any individual or recipient, or that
8person’s case, to the local child support agency for child support
9services pursuant to Section 17415 of the Family Code, the county
10human services agency shall determine if an applicant or recipient
11has good cause for noncooperation, as set forth in Section
1211477.04. If the applicant or recipient claims good cause exception
13at any subsequent time to the county human services agency or
14the local child support agency, the local child support agency shall
15suspend child support services until the county social services
16agency determines the good cause claim, as set forth in Section
1711477.04. If good cause is determined to exist, the local child
18support agency shall suspend child support services until the
19applicant or recipient requests their resumption, and shall take
20other measures that are necessary to protect the applicant or
21recipient and the children. If the applicant or recipient is the parent
22of the child for whom aid is sought and the parent is found to have
23not cooperated without good cause as provided in Section
2411477.04, the applicant’s or recipient’s family grant shall be
25reduced by 25 percent for the time the failure to cooperate lasts.

26(i) Consistent with Section 17552 of the Family Code, if aid is
27paid under this chapter on behalf of a child who is under the
28jurisdiction of the juvenile court and whose parent or guardian is
29receiving reunification services, the county human services agency
30shall determine, prior to referral of the case to the local child
31support agency for child support services, whether the referral is
32in the best interest of the child, taking into account both of the
33following:

34(1) Whether the payment of support by the parent will pose a
35barrier to the proposed reunification in that the payment of support
36will compromise the parent’s ability to meet the requirements of
37the parent’s reunification plan.

38(2) Whether the payment of support by the parent will pose a
39barrier to the proposed reunification in that the payment of support
P24   1will compromise the parent’s current or future ability to meet the
2financial needs of the child.

3(j) An approved relative caregiver may receive payments on
4behalf of a child who meets the requirements of paragraph (2) of
5subdivision (b), regardless of whether the child resides, or will be
6residing, outside of the county of jurisdiction pursuant to his or
7her placement. The county of jurisdiction shall be responsible for
8providing the Approved Relative Caregiver Funding Option
9payment to the relative caregiver.

10(k) A child who has been removed from his or her home and
11detained or placed in the home of a relative caregiver and is the
12subject of a petition filed under Section 300, 601, or 602, or is the
13subject of a voluntary placement agreement, as defined in
14subdivision (p) of Section 11400, and who is a teen parent whose
15child is living in the same home or placement, shall also receive
16an infant supplement, in an amount determined in the manner
17provided in subdivision (b) of Section 11465 for a child in a foster
18family home.

19

SEC. 5.  

Section 11465 of the Welfare and Institutions Code is
20amended to read:

21

11465.  

(a) When a child is living with a parent who receives
22AFDC-FC, Approved Relative Caregiver Funding Option Program
23benefits, or Kin-GAP benefits, the rate paid to the provider on
24behalf of the parent shall include an infant supplement to cover
25the cost of care and supervision of the child.

26(b) For each category of eligible licensed community care
27facility, as defined in Section 1502 of the Health and Safety Code,
28the department shall adopt regulations setting forth a uniform rate
29to cover the cost of care and supervision of the child in each
30category of eligible licensed community care facility.

31(c) (1) On and after July 1, 1998, the uniform rate to cover the
32cost of care and supervision of a child pursuant to this section shall
33be increased by 6 percent, rounded to the nearest dollar. The
34resultant amounts shall constitute the new uniform rate.

35(2) (A) On and after July 1, 1999, the uniform rate to cover the
36cost of care and supervision of a child pursuant to this section shall
37be adjusted by an amount equal to the California Necessities Index
38computed pursuant to Section 11453, rounded to the nearest dollar.
39The resultant amounts shall constitute the new uniform rate, subject
40to further adjustment pursuant to subparagraph (B).

P25   1(B) In addition to the adjustment specified in subparagraph (A),
2on and after January 1, 2000, the uniform rate to cover the cost of
3care and supervision of a child pursuant to this section shall be
4increased by 2.36 percent, rounded to the nearest dollar. The
5resultant amounts shall constitute the new uniform rate.

6(3) Subject to the availability of funds, for the 2000-01 fiscal
7year and annually thereafter, these rates shall be adjusted for cost
8of living pursuant to procedures in Section 11453.

9(4) On and after January 1, 2008, the uniform rate to cover the
10cost of care and supervision of a child pursuant to this section shall
11be increased by 5 percent, rounded to the nearest dollar. The
12resulting amount shall constitute the new uniform rate.

13(d) (1) Notwithstanding subdivisions (a) to (c), inclusive, the
14payment made pursuant to this section for care and supervision of
15a child who is living with a teen parent in a whole family foster
16home, as defined in Section 11400, shall equal the basic rate for
17children placed in a licensed or approved home as specified in
18subdivisions (a) to (d), inclusive, and subdivision (g), of Section
1911461.

20(2) The amount paid for care and supervision of a dependent
21infant living with a dependent teen parent receiving AFDC-FC
22benefits in a group home placement shall equal the infant
23supplement rate for group home placements.

24(3) (A) The caregiver shall provide the county child welfare
25agency or probation department with a copy of the shared
26responsibility plan developed pursuant to Section 16501.25 and
27shall advise the county child welfare agency or probation
28department of any subsequent changes to the plan. Once the plan
29has been completed and provided to the appropriate agencies, the
30payment made pursuant to this section shall be increased by an
31additional two hundred dollars ($200) per month to reflect the
32increased care and supervision while he or she is placed in the
33whole family foster home.

34(B) A nonminor dependent parent residing in a supervised
35independent living placement, as defined in subdivision (w) of
36Section 11400, who develops a written parenting support plan
37pursuant to Section 16501.26 shall provide the county child welfare
38agency or probation department with a copy of the plan and shall
39advise the county child welfare agency or probation department
40of any subsequent changes to the plan. The payment made pursuant
P26   1to this section shall be increased by an additional two hundred
2dollars ($200) per month after all of the following have been
3satisfied:

4(i) The plan has been completed and provided to the appropriate
5county agency.

6(ii) The plan has been approved by the appropriate county
7agency.

8(iii) The county agency has determined that the identified
9responsible adult meets the criteria specified in Section 16501.27.

10(4) In a year in which the payment provided pursuant to this
11section is adjusted for the cost of living as provided in paragraph
12(1) of subdivision (c), the payments provided for in this subdivision
13shall also be increased by the same procedures.

14(5) A Kin-GAP relative who, immediately prior to entering the
15Kin-GAP program, was designated as a whole family foster home
16shall receive the same payment amounts for the care and
17supervision of a child who is living with a teen parent they received
18in foster care as a whole family foster home.

19(6) On and after January 1, 2012, the rate paid for a child living
20with a teen parent in a whole family foster home as defined in
21Section 11400 shall also be paid for a child living with a nonminor
22dependent parent who is eligible to receive AFDC-FC or Kin-GAP
23pursuant to Section 11403.

24(7) An Approved Relative Funding Option Program relative or
25a CalWORKs relative may be designated as a whole family foster
26home.

27

SEC. 6.  

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

29

11477.02.  

(a) Prior to referral of any individual or recipient,
30or that person’s case, to the local child support agency for child
31support services under Section 17400 or 17404 of the Family Code,
32the county welfare department shall determine if an applicant or
33recipient has good cause for noncooperation, as set forth in Section
3411477.04. If the applicant or recipient claims a good cause
35exception at any subsequent time to the county welfare department
36or the local child support agency, the local child support agency
37shall suspend child support services until the county welfare
38department determines the good cause claim, as set forth in Section
3911477.04. If good cause is determined to exist, the local child
40support agency shall suspend child support services until the
P27   1applicant or recipient requests their resumption, and shall take
2such other measures as are necessary to protect the applicant or
3recipient and the children. If the applicant or recipient is the parent
4of the child for whom aid is sought and the parent is found to have
5not cooperated without good cause as provided in Section
611477.04, the applicant’s or recipient’s family grant shall be
7reduced by 25 percent for such time as the failure to cooperate
8lasts.

9(b) Consistent with Section 17552 of the Family Code, if aid is
10paid under this chapter on behalf of a child who is under the
11jurisdiction of the juvenile court and whose parent or guardian is
12receiving reunification services, the county welfare department
13shall determine, prior to referral of the case to the local child
14 support agency for child support services, whether the referral is
15in the best interest of the child, taking into account both of the
16following:

17(1) Whether the payment of support by the parent will pose a
18barrier to the proposed reunification in that the payment of support
19 will compromise the parent’s ability to meet the requirements of
20the parent’s reunification plan.

21(2) Whether the payment of support by the parent will pose a
22barrier to the proposed reunification in that the payment of support
23will compromise the parent’s current or future ability to meet the
24financial needs of the child.

25

SEC. 7.  

Section 13758 is added to the Welfare and Institutions
26Code
, to read:

27

13758.  

(a) Every youth who is in foster care and has been
28determined to be ineligible for AFDC-FC benefits shall be screened
29by the county for potential eligibility for the federal Supplemental
30Security Income program utilizing the best practice guidelines
31developed pursuant to Section 13752.

32(b) An application shall be submitted to the federal Social
33Security Administration on behalf of a youth who is screened as
34being likely to be eligible for federal Supplemental Security Income
35benefits.

36

SEC. 8.  

An appropriation pursuant to Section 15200 of the
37Welfare and Institutions Code shall not be made for purposes of
38implementing this act.

39

SEC. 9.  

To the extent that this act has an overall effect of
40increasing certain costs already borne by a local agency for
P28   1programs or levels of service mandated by the 2011 Realignment
2Legislation within the meaning of Section 36 of Article XIII of
3the California Constitution, it shall apply to local agencies only to
4the extent that the state provides annual funding for the cost
5increase. Any new program or higher level of service provided by
6a local agency pursuant to this act above the level for which
7funding has been provided shall not require a subvention of funds
8by the state nor otherwise be subject to Section 6 of Article XIII B
9of the California Constitution.

10However, if the Commission on State Mandates determines that
11this act contains other costs mandated by the state, reimbursement
12to local agencies and school districts for those costs shall be made
13pursuant to Part 7 (commencing with Section 17500) of Division
144 of Title 2 of the Government Code.

begin insert

15No reimbursement is required by this act pursuant to Section 6
16of Article XIII B of the California Constitution for certain costs
17that may be incurred by a local agency or school district because,
18in that regard, this act creates a new crime or infraction, eliminates
19a crime or infraction, or changes the penalty for a crime or
20infraction, within the meaning of Section 17556 of the Government
21Code, or changes the definition of a crime within the meaning of
22Section 6 of Article XIII B of the California Constitution.

end insert
begin insert

23However, if the Commission on State Mandates determines that
24this act contains other costs mandated by the state, reimbursement
25to local agencies and school districts for those costs shall be made
26pursuant to Part 7 (commencing with Section 17500) of Division
274 of Title 2 of the Government Code.

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