Amended in Senate May 12, 2016

Amended in Assembly January 21, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 885

Introduced by Assembly Member Lopez

February 26, 2015

An act to amend Sections 388.1, 11403, and 11405 of the Welfare and Institutions Code, relating to foster youth.

LEGISLATIVE COUNSEL’S DIGEST

AB 885, as amended, Lopez. Foster youth.

Existing law, the California Fostering Connections to Success Act, revises and expands the scope of various programs relating to cash assistance and other services to and for the benefit of certain foster and adopted children, and other children who have been placed in out-of-home care, including children who receive Aid to Families with Dependent Children-Foster Care (AFDC-FC), the Adoption Assistance Program, California Work Opportunity and Responsibility to Kids (CalWORKs), and Kinship Guardianship Assistance Payment (Kin-GAP) benefits. Among other provisions, the act extends specified foster care benefits to youth up to 21 years of age, if specified conditions are met.

Existing law defines a nonminor dependent for these purposes as a foster child who is a current dependent child or ward of the juvenile court, or who is a nonminor under the transition jurisdiction of the juvenile court pursuant to a voluntary reentry agreement, and in accordance with a transitional independent living case plan who has attained 18 years of age while under an order of foster care placement by the juvenile court and is not older than 21 years of age. Existing law defines a nonminor former dependent or ward as a person who meets these criteria who reached 18 years of age while subject to an order for foster care placement, for whom dependency, delinquency, or transition jurisdiction has been terminated, and who is still under the general jurisdiction of the court.

For purposes of participation in the above-specified programs, existing law allows a juvenile court to assume dependency jurisdiction over a nonminor former dependent who has not attained 21 years of age under specified circumstances, including, among others, the nonminor’s former guardian or adoptive parent no longer provides ongoing support to, and no longer receives benefits on behalf of, the nonminor after the nonminor turns 18 years of age.

This bill would delete the requirement that the former guardian or adoptive parent no longer receive aid on behalf of the nonminor before a juvenile court may resume dependency jurisdiction for purposes of extending foster care benefits. begin insert The bill would require the State Department of Social Services to define the term “ongoing support” for the purposes of the provisions described above. end insert The bill would also make changes to the requirement that a nonminor former dependent child or ward be receiving AFDC-FC as one criterion for continued eligibility to receive aid, and would instead only require that he or she be eligible for AFDC-FC. Because the bill would expand the application of the above begin delete county administered end delete begin insert county-administered end insert programs, the bill would impose a state-mandated local program. The bill would make other technical, nonsubstantive and conforming changes to related provisions.

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 no reimbursement is required by this act for a specified reason.

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

388.1.  

(a) On and after January 1, 2014, a nonminor who has
not attained 21 years of age may petition the court in which he or
she was previously found to be a dependent or delinquent child of
the juvenile court for a hearing to determine whether to assume
dependency jurisdiction over the nonminor, if he or she meets any
of the following descriptions:

(1) He or she is a nonminor former dependent, as defined in
subdivision (aa) of Section 11400, who received aid after attaining
18 years of age under Kin-GAP pursuant to Article 4.5
(commencing with Section 11360) or Article 4.7 (commencing
with Section 11385) of Chapter 2 of Part 3 of Division 9, or
pursuant to subdivision (e) of Section 11405, and whose former
guardian or guardians died after the nonminor attained 18 years
of age, but before he or she attains 21 years of age.

(2) He or she is a nonminor former dependent, as defined in
subdivision (aa) of Section 11400, who received aid after attaining
18 years of age under Kin-GAP pursuant to Article 4.5
(commencing with Section 11360) or Article 4.7 (commencing
with Section 11385) of Chapter 2 of Part 3 of Division 9, or
pursuant to subdivision (e) of Section 11405, and whose former
guardian or guardians no longer provide ongoing support to the
nonminor after the nonminor attained 18 years of age, but before
he or she attains 21 years of age.

(3) He or she is a nonminor who received adoption assistance
payments after attaining 18 years of age pursuant to Chapter 2.1
(commencing with Section 16115) of Part 4 of Division 9 and his
or her adoptive parent or parents died after the nonminor attained
18 years of age, but before he or she attains 21 years of age.

(4) He or she is a nonminor who received adoption assistance
payments after attaining 18 years of age pursuant to Chapter 2.1
(commencing with Section 16115) of Part 4 of Division 9 and his
or her adoptive parent or parents no longer provide ongoing support
to the nonminor after the nonminor attained 18 years of age, but
before he or she attains 21 years of age.

(b) (1) The petition to assume jurisdiction may be filed in either
of the following:

(A) The juvenile court that established the guardianship pursuant
to Section 360, Section 366.26, or subdivision (d) of Section 728.

(B) The juvenile court that had jurisdiction over the minor or
nonminor dependent when his or her adoption was finalized.

(2) A nonminor described in subdivision (a) may submit a
petition to assume dependency jurisdiction to the juvenile court
in the county where he or she resides. A petition submitted pursuant
to this paragraph shall, within five days of submission, be
forwarded to the court that had jurisdiction over the child at the
time of the guardianship or adoption. The clerk of the court that
had jurisdiction over the child at the time of the guardianship or
adoption shall file the petition within one judicial day of receipt.

(c) (1) The juvenile court in which the petition was filed shall
order a hearing to be held within 15 judicial days of the date the
petition was filed if there is a prima facie showing that the
nonminor satisfies all of the following criteria:

(A) He or she was a minor under juvenile court jurisdiction at
the time of the establishment of a guardianship pursuant to Section
360, Section 366.26, or subdivision (d) of Section 728, or he or
she was a minor or nonminor dependent when his or her adoption
was finalized.

(B) (i) His or her guardian or guardians, or adoptive parent or
parents, as applicable, died after the nonminor attained 18 years
of age, but before he or she attained 21 years of age.

(ii) His or her guardian or guardians, or adoptive parent or
parents, as applicable, no longer provide ongoing support to the
nonminor after the nonminor attained 18 years of age, but before
he or she attained 21 years of age, and it may be in the nonminor’s
best interest for the court to assume dependency jurisdiction.

(C) He or she intends to satisfy at least one of the conditions
set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of
Section 11403.

(D) He or she is requesting assistance in maintaining or securing
appropriate supervised placement, or needs immediate placement
and agrees to supervised placement pursuant to the voluntary
reentry agreement described in subdivision (z) of Section 11400.

(2) Upon ordering a hearing, the court shall give prior notice,
or cause prior notice to be given, to the nonminor, the appropriate
child welfare agency or probation department, the nonminor’s
adoptive parent or parents, the nonminor’s guardian or guardians,
and any other person requested by the nonminor in the petition.

(3) Pursuant to applicable rules of court, the juvenile court shall
allow for telephonic appearances by the nonminor in these
proceedings and in any proceeding in which the nonminor
dependent is a party.

(4) Prior to the hearing, the court shall order the county child
welfare or probation department to prepare a report for the court
that addresses both of the following:

(A) The nonminor’s plans to satisfy at least one of the criteria
set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of
Section 11403.

(B) The appropriate placement setting for the nonminor. When
the recommendation is for the nonminor to be placed in a setting
where minor dependents also reside, the results of a background
check of the petitioning nonminor conducted pursuant to Section
16504.5 may be used by the placing agency to determine
appropriate placement options for him or her.

(5) The court shall assume dependency jurisdiction over a former
dependent or ward, and order his or her placement and care be
under the responsibility of the county child welfare services
department, the probation department, tribe, consortium of tribes,
or tribal organization, if the court finds all of the following:

(A) The nonminor was a minor under juvenile court jurisdiction
at the time of the establishment of a guardianship pursuant to
Section 360, Section 366.26, or subdivision (d) of Section 728, or
he or she was a dependent at the time his or her adoption was
finalized.

(B) The nonminor’s guardian or guardians, or adoptive parent
or parents, as applicable, have died, or no longer provide ongoing
support to the nonminor, and it is in the nonminor’s best interests
for the court to assume dependency jurisdiction.

(C) The nonminor has not attained 21 years of age.

(D) Reentry and remaining in foster care are in the nonminor’s
best interests.

(E) The nonminor intends to satisfy, and agrees to satisfy, at
least one of the criteria set forth in paragraphs (1) to (5), inclusive,
of subdivision (b) of Section 11403, and demonstrates his or her
agreement to placement in a supervised setting under the placement
and care responsibility of the placing agency by signing the
voluntary reentry agreement described in subdivision (z) of Section
11400.

(6) The existence of a criminal conviction is not a bar to
eligibility for reentry to foster care or assumption of dependency
jurisdiction over a nonminor.

(7) The court shall not grant a continuance that would cause the
hearing to be completed more than 120 days after the date the
petition is filed.

(d) The agency made responsible for the nonminor’s placement
and care pursuant to paragraph (5) of subdivision (c) shall prepare
a new transitional independent living case plan within 60 calendar
days of the date the nonminor signs the voluntary reentry agreement
and shall submit the plan to the court for the review hearing
specified in Section 366.31, to be held within 70 days of the
assumption of dependency jurisdiction. The review hearing under
Section 366.31 shall not be held more than 170 calendar days from
the date the nonminor signs the voluntary reentry agreement.

(e) (1) A nonminor described in subdivision (a) may enter into
a voluntary reentry agreement as defined in subdivision (z) of
Section 11400 in order to establish eligibility for foster care
benefits under subdivision (e) of Section 11401 before or after
filing a petition to assume dependency jurisdiction, provided the
nonminor’s guardian or guardians, or adoptive parent or parents,
as applicable, have died or are no longer receiving payment on
behalf of the nonminor. If the nonminor enters into a voluntary
reentry agreement prior to filing the petition, the nonminor is
entitled to placement and supervision pending the court’s
assumption of jurisdiction.

(2) If the nonminor completes a voluntary reentry agreement
with a placing agency, the placing agency shall file the petition to
assume dependency jurisdiction on behalf of the nonminor within
15 judicial days of the date the agreement is signed, unless the
nonminor elects to file the petition at an earlier date.

begin insert

(f) No later than July 1, 2017, the State Department of Social
Services shall promulgate a regulation defining “ongoing support”
for the purposes of this section and Section 11403.

end insert

SEC. 2.  

Section 11403 of the Welfare and Institutions Code is
amended to read:

11403.  

(a) It is the intent of the Legislature to exercise the
option afforded states under Section 475(8) (42 U.S.C. Sec.
675(8)), and Section 473(a)(4) (42 U.S.C. Sec. 673(a)(4)) of the
federal Social Security Act, as contained in the federal Fostering
Connections to Success and Increasing Adoptions Act of 2008
(Public Law 110-351), to receive federal financial participation
for nonminor dependents of the juvenile court who satisfy the
conditions of subdivision (b), consistent with their transitional
independent living case plan. These nonminor dependents are
eligible to receive support until they are 21 years of age, consistent
with their transitional independent living case plan and as described
in Section 10103.5. It is the intent of the Legislature both at the
time of initial determination of the nonminor dependent’s eligibility
and throughout the time the nonminor dependent is eligible for aid
pursuant to this section, that the social worker or probation officer
or Indian tribal placing entity and the nonminor dependent shall
work together to ensure the nonminor dependent’s ongoing
eligibility. All case planning shall be a collaborative effort between
the nonminor dependent and the social worker, probation officer,
or Indian tribe, with the nonminor dependent assuming increasing
levels of responsibility and independence.

(b) A nonminor dependent receiving aid pursuant to this chapter,
who satisfies the age criteria set forth in subdivision (a), shall meet
the legal authority for placement and care by being under a foster
care placement order by the juvenile court, or the voluntary reentry
agreement as set forth in subdivision (z) of Section 11400, and is
otherwise eligible for AFDC-FC payments pursuant to Section
11401. A nonminor who satisfies the age criteria set forth in
subdivision (a), and who is otherwise eligible, shall continue to
receive CalWORKs payments pursuant to Section 11253 or, as a
nonminor former dependent or ward, aid pursuant to Kin-GAP
under Article 4.5 (commencing with Section 11360) or Article 4.7
(commencing with Section 11385) or adoption assistance payments
as specified in Chapter 2.1 (commencing with Section 16115) of
Part 4. A nonminor former dependent child or ward of the juvenile
court who is otherwise eligible to receive AFDC-FC benefits
pursuant to Section 11405 and who satisfies the criteria set forth
in subdivision (a) shall continue to be eligible to receive aid as
long as the nonminor is otherwise eligible for AFDC-FC benefits
under this subdivision. This subdivision applies when one or more
of the following conditions exist:

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

(2) The nonminor is enrolled in an institution which provides
postsecondary or vocational education.

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

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

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

(c)  begin insert (1) end insert begin insert   end insert The county child welfare or probation department,
Indian tribe, consortium of tribes, or tribal organization that has
entered into an agreement pursuant to Section 10553.1, shall work
together with a nonminor dependent who is in foster care on his
or her 18th birthday and thereafter or a nonminor former dependent
receiving aid pursuant to Section 11405, to satisfy one or more of
the conditions described in paragraphs (1) to (5), inclusive, of
subdivision (b) and shall certify the nonminor’s applicable
condition or conditions in the nonminor’s six-month transitional
independent living case plan update, and provide the certification
to the eligibility worker and to the court at each six-month case
plan review hearing for the nonminor dependent. Relative
guardians who receive Kin-GAP payments and adoptive parents
who receive adoption assistance payments shall be responsible for
reporting to the county welfare agency that the nonminor does not
satisfy at least one of the conditions described in subdivision (b).
The social worker, probation officer, or tribal entity shall verify
and obtain assurances that the nonminor dependent continues to
satisfy at least one of the conditions in paragraphs (1) to (5),
inclusive, of subdivision (b) at each six-month transitional
independent living case plan update. The six-month case plan
update shall certify the nonminor’s eligibility pursuant to
subdivision (b) for the next six-month period. During the six-month
certification period, the payee and nonminor shall report any
change in placement or other relevant changes in circumstances
that may affect payment. The nonminor dependent, or nonminor
former dependent receiving aid pursuant to subdivision (e) of
Section 11405, shall be informed of all due process requirements,
in accordance with state and federal law, prior to an involuntary
termination of aid, and shall simultaneously be provided with a
written explanation of how to exercise his or her due process rights
and obtain referrals to legal assistance. Any notices of action
regarding eligibility shall be sent to the nonminor dependent or
former dependent, his or her counsel, as applicable, and the placing
worker, in addition to any other payee. Payments of aid pursuant
to Kin-GAP under Article 4.5 (commencing with Section 11360)
or Article 4.7 (commencing with Section 11385), adoption
assistance payments as specified in Chapter 2.1 (commencing with
Section 16115) of Part 4, or aid pursuant to subdivision (e) of
Section 11405 that are made on behalf of a nonminor former
dependent shall terminate subject to the terms of the agreements.
Subject to federal approval of amendments to the state plan, aid
payments may be suspended and resumed based on changes of
circumstances that affect eligibility. Nonminor former dependents,
as identified in paragraph (2) of subdivision (aa) of Section 11400,
are not eligible for reentry under subdivision (e) of Section 388 as
nonminor dependents under the jurisdiction of the juvenile court,
but may be eligible for reentry pursuant to Section 388.1 if (1) the
nonminor former dependent was receiving aid pursuant to Kin-GAP
under Article 4.5 (commencing with Section 11360) or Article 4.7
(commencing with Section 11385), the nonminor former dependent
was receiving aid pursuant to subdivision (e) of Section 11405, or
the nonminor was receiving adoption assistance payments as
specified in Chapter 2.1 (commencing with Section 16115) of Part
3, and (2) the nonminor’s former guardian or adoptive parent dies,
or no longer provides ongoing support to the nonminor after the
nonminor turns 18 years of age but before the nonminor turns 21
years of age. Nonminor former dependents requesting the
resumption of AFDC-FC payments pursuant to subdivision (e) of
Section 11405 shall complete the applicable portions of the
voluntary reentry agreement, as described in subdivision (z) of
Section 11400.

begin insert

(2) For purposes of this subdivision, the definition of “ongoing
support” is governed by the regulation promulgated pursuant to
subdivision (f) of Section 388.1.

end insert

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

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

(f) (1) The county having jurisdiction of the nonminor
dependent shall remain the county of payment under this section
regardless of the youth’s physical residence. Nonminor former
dependents receiving aid pursuant to subdivision (e) of Section
11405 shall be paid by their county of residence. Counties may
develop courtesy supervision agreements to provide case
management and independent living services by the county of
residence pursuant to the nonminor dependent’s transitional
independent living case plan. Placements made out of state are
subject to the applicable requirements of the Interstate Compact
on Placement of Children, pursuant to Part 5 (commencing with
Section 7900) of Division 12 of the Family Code.

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

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

(g) (1) Subject to paragraph (3), a county shall pay the
nonfederal share of the cost of extending aid pursuant to this
section to eligible nonminor dependents who have reached 18
years of age and who are under the jurisdiction of the county,
including AFDC-FC payments pursuant to Section 11401, aid
pursuant to Kin-GAP under Article 4.7 (commencing with Section
11385), adoption assistance payments as specified in Chapter 2.1
(commencing with Section 16115) of Part 4, and aid pursuant to
Section 11405 for nonminor dependents who are residing in the
county as provided in paragraph (1) of subdivision (f). A county
shall contribute to the CalWORKs payments pursuant to Section
11253 and aid pursuant to Kin-GAP under Article 4.5 (commencing
with Section 11360) at the statutory sharing ratios in effect on
January 1, 2012.

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

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

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

(B) Funding and expenditures for programs and activities under
this section shall be in accordance with the requirements provided
in Sections 30025 and 30026.5 of the Government Code. In
addition, the following are available to the counties for the purpose
of funding costs pursuant to this section:

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

(ii) The savings realized from the change in federal funding for
adoption assistance resulting from the enactment of the federal
Fostering Connections to Success and Increasing Adoptions Act
of 2008 (Public Law 110-351) and consistent with subdivision (d)
of Section 16118.

(4) (A) The limit on the county’s total contribution pursuant to
paragraph (3) shall be assessed by the State Department of Social
Services, in conjunction with the California State Association of
Counties, in 2015-16, to determine if it shall be removed. The
assessment of the need for the limit shall be based on a
determination on a statewide basis of whether the actual county
costs of providing extended care pursuant to this section, excluding
costs incurred pursuant to Section 10103.5, are fully funded by
the amount of savings in Kin-GAP assistance grant expenditures
realized by the counties from the receipt of federal funds due to
the implementation of Article 4.7 (commencing with Section
11385) and the amount of funding specifically included in the
Protective Services Subaccount within the Support Services
Account within the Local Revenue Fund 2011 plus any associated
growth funding from the Support Services Growth Subaccount
within the Sales and Use Tax Growth Account to pay the costs of
extending aid pursuant to this section.

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

(h) It is the intent of the Legislature that a county currently
participating in the Child Welfare Demonstration Capped
Allocation Project not be adversely impacted by the department’s
exercise of its option to extend foster care benefits pursuant to
Section 673(a)(4) and Section 675(8) of Title 42 of the United
States Code in the federal Social Security Act, as contained in the
federal Fostering Connections to Success and Increasing Adoptions
Act of 2008 (Public Law 110-351). Therefore, the department shall
negotiate with the United States Department of Health and Human
Services on behalf of those counties that are currently participating
in the demonstration project to ensure that those counties receive
reimbursement for these new programs outside of the provisions
of those counties’ waiver under Subtitle IV-E (commencing with
Section 470) of the federal Social Security Act (42 U.S.C. Sec.
670 et seq.).

(i) The department, on or before July 1, 2013, shall develop
regulations to implement this section in consultation with
concerned stakeholders, including, but not limited to,
representatives of the Legislature, the County Welfare Directors
Association, the Chief Probation Officers of California, the Judicial
Council, representatives of Indian tribes, the California Youth
Connection, former foster youth, child advocacy organizations,
labor organizations, juvenile justice advocacy organizations, foster
caregiver organizations, and researchers. In the development of
these regulations, the department shall consider its Manual of
Policy and Procedures, Division 30, Chapters 30-912, 913, 916,
and 917, as guidelines for developing regulations that are
appropriate for young adults who can exercise incremental
responsibility concurrently with their growth and development.
The department, in its consultation with stakeholders, shall take
into consideration the impact to the automated Child Welfare
Services Case Management System (CWS/CMS) and required
modifications needed to accommodate eligibility determination
under this section, benefit issuance, case management across
counties, and recognition of the legal status of nonminor
dependents as adults, as well as changes to data tracking and
reporting requirements as required by the Child Welfare System
Improvement and Accountability Act as specified in Section
10601.2, and federal outcome measures as required by the federal
John H. Chafee Foster Care Independence Program (42 U.S.C.
Sec. 677(f)). In addition, the department, in its consultation with
stakeholders, shall define the supervised independent living setting
which shall include, but not be limited to, apartment living, room
and board arrangements, college or university dormitories, and
shared roommate settings, and define how those settings meet
health and safety standards suitable for nonminors. The department,
in its consultation with stakeholders, shall define the six-month
certification of the conditions of eligibility pursuant to subdivision
(b) to be consistent with the flexibility provided by federal policy
guidance, to ensure that there are ample supports for a nonminor
to achieve the goals of his or her transition independent living case
plan. The department, in its consultation with stakeholders, shall
ensure that notices of action and other forms created to inform the
nonminor of due process rights and how to access them shall be
developed, using language consistent with the special needs of the
nonminor dependent population.

(j) 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 shall prepare for
implementation of the applicable provisions of this section by
publishing, after consultation with the stakeholders listed in
subdivision (i), all-county letters or similar instructions from the
director by October 1, 2011, to be effective January 1, 2012.
Emergency regulations to implement the applicable provisions of
this act may be adopted by the director in accordance with 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 initial adoption of the emergency regulations and one
readoption of the emergency 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 11405 of the Welfare and Institutions Code is
amended to read:

11405.  

(a) Except for nonminors described in paragraph (2)
of subdivision (e), AFDC-FC benefits shall be paid to an otherwise
eligible child living with a nonrelated legal guardian, provided
that the legal guardian cooperates with the county welfare
department in all of the following:

(1) Developing a written assessment of the child’s needs.

(2) Updating the assessment no less frequently than once every
six months.

(3) Carrying out the case plan developed by the county.

(b)  Except for nonminors described in paragraph (2) of
subdivision (e), when AFDC-FC is applied for on behalf of a child
living with a nonrelated legal guardian the county welfare
department shall do all of the following:

(1) Develop a written assessment of the child’s needs.

(2) Update those assessments no less frequently than once every
six months.

(3) Develop a case plan that specifies how the problems
identified in the assessment are to be addressed.

(4) Make visits to the child as often as appropriate, but in no
event less often than once every six months.

(c) Where the child is a parent and has a child living with him
or her in the same eligible facility, the assessment required by
paragraph (1) of subdivision (a) shall include the needs of his or
her child.

(d) Nonrelated legal guardians of eligible children who are in
receipt of AFDC-FC payments described in this section shall be
exempt from the requirement to register with the Statewide
Registry of Private Professional Guardians pursuant to Sections
2850 and 2851 of the Probate Code.

(e) (1) A nonminor youth whose nonrelated guardianship was
ordered in juvenile court pursuant to Section 360 or 366.26, and
whose dependency was dismissed, shall remain eligible for
AFDC-FC benefits until the youth attains 21 years of age, provided
that the youth enters into a mutual agreement with the agency
responsible for his or her guardianship, and the youth is meeting
the conditions of eligibility, as described in paragraphs (1) to (5),
inclusive, of subdivision (b) of Section 11403.

(2) A nonminor former dependent or ward as defined in
paragraph (2) of subdivision (aa) of Section 11400 shall be eligible
for benefits under this section until the youth attains 21 years of
age if all of the following conditions are met:

(A) The nonminor former dependent or ward attained 18 years
of age while in receipt of Kin-GAP benefits pursuant to Article
4.7 (commencing with Section 11385).

(B) The nonminor’s relationship to the kinship guardian is
defined in paragraph (2), (3), or (4) of subdivision (c) of Section
11391.

(C) The nonminor who was under 16 years of age at the time
the Kin-GAP negotiated agreement payments commenced.

(D) The guardian continues to be responsible for the support of
the nonminor.

(E) The nonminor otherwise is meeting the conditions of
eligibility, as described in paragraphs (1) to (5), inclusive, of
subdivision (b) of Section 11403.

(f) A child whose nonrelated guardianship was ordered in
probate court pursuant to Article 2 (commencing with Section
1510) of Chapter 1 of Part 2 of Division 4 of the Probate Code,
who is attending high school or the equivalent level of vocational
or technical training on a full-time basis, or who is in the process
of pursuing a high school equivalency certificate prior to his or
her 18th birthday may continue to receive aid following his or her
18th birthday as long as the child continues to reside in the
guardian’s home, remains otherwise eligible for AFDC-FC benefits
and continues to attend high school or the equivalent level of
vocational or technical training on a full-time basis, or continues
to pursue a high school equivalency certificate, and the child may
reasonably be expected to complete the educational or training
program or to receive a high school equivalency certificate, before
his or her 19th birthday. Aid shall be provided to an individual
pursuant to this section provided that both the individual and the
agency responsible for the foster care placement have signed a
mutual agreement, if the individual is capable of making an
informed agreement, documenting the continued need for
out-of-home placement.

(g) (1) For cases in which a guardianship was established on
or before June 30, 2011, or the date specified in a final order, for
which the time for appeal has passed, issued by a court of
competent jurisdiction in California State Foster Parent
Association, et al. v. William Lightbourne, et al. (U.S. Dist. Ct.
No. C 07-05086 WHA), whichever is earlier, the AFDC-FC
payment described in this section shall be the foster family home
rate structure in effect prior to the effective date specified in the
order described in this paragraph.

(2) For cases in which guardianship has been established on or
after July 1, 2011, or the date specified in the order described in
paragraph (1), whichever is earlier, the AFDC-FC payments
described in this section shall be the basic foster family home rate
set forth in paragraph (1) of subdivision (g) of Section 11461.

(3) The AFDC-FC payments identified in this subdivision shall
be adjusted annually by the percentage change in the California
Necessities Index rate as set forth in paragraph (2) of subdivision
(g) of Section 11461.

(h) In addition to the AFDC-FC rate paid, all of the following
also shall be paid:

(1) A specialized care increment, if applicable, as set forth in
subdivision (e) of Section 11461.

(2) A clothing allowance, as set forth in subdivision (f) of
Section 11461.

(3) For a child eligible for an AFDC-FC payment who is a teen
parent, the rate shall include the two hundred dollar ($200) monthly
payment made to the relative caregiver in a whole family foster
home pursuant to paragraph (3) of subdivision (d) of Section
11465.

SEC. 4.  

To the extent that this act has an overall effect of
increasing the costs already borne by a local agency for programs
or levels of service mandated by the 2011 Realignment Legislation
within the meaning of Section 36 of Article XIII of the California
Constitution, it shall apply to local agencies only to the extent that
the state provides annual funding for the cost increase. Any new
program or higher level of service provided by a local agency
pursuant to this act above the level for which funding has been
provided shall not require a subvention of funds by the state or
otherwise be subject to Section 6 of Article XIII B of the California
Constitution.