California Legislature—2015–16 Regular Session

Assembly Bill No. 1838

Introduced by Assembly Members Ting and Bonta

February 9, 2016

An act to amend Section 11465 of the Welfare and Institutions Code, relating to foster children.

LEGISLATIVE COUNSEL’S DIGEST

AB 1838, as introduced, Ting. Foster care: infant supplement.

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. Existing law establishes a schedule of basic rates to be paid for the care and supervision of each foster child. Existing law also establishes the Kinship Guardianship Assistance Payment Program (Kin-GAP), which provides aid on behalf of eligible children who are placed in the home of a relative caretaker. Existing law prohibits the rate paid under the Kin-GAP program from exceeding the basic foster family home rate paid to caregivers under the AFDC-FC program.

Existing law requires, when a child is living with a parent who receives AFDC-FC or Kin-GAP benefits, that the rate paid to the foster care provider on behalf of the parent include an additional amount, known as an infant supplement, for the care and supervision of the child. Existing law requires the State Department of Social Services to adopt a uniform rate for the infant supplement for each category of eligible licensed community care facility. Existing law also requires that the infant supplement payment for a child living with a teen parent in a whole family foster home be equal to the basic foster family home rate.

This bill would require that the infant supplement payment for any child living with a parent who receives AFDC-FC or Kin-GAP benefits be equal to the basic foster family home rate. The bill would also make a pregnant minor or nonminor dependent eligible for the infant supplement for a specified period before the expected date of birth, subject to a verification of pregnancy. Because counties would administer these extended benefits, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that 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 11465 of the Welfare and Institutions
Code is amended to read:

11465.  

(a) When a child is living with a parent who receives
AFDC-FC or Kin-GAP benefits, the rate paid to the provider on
behalf of the parent shall include an amount begin delete for care and
supervision of the child. end delete begin insert equal to the basic rate for children placed
in a licensed or approved home as specified in subdivisionS (a) to
(d), inclusive, and subdivision (g), of Section 11461. end insert

begin delete

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

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

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

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

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

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

(d) (1) Notwithstanding subdivisions (a) to (c), inclusive, the
payment made pursuant to this section for care and supervision of
a child who is living with a teen parent in a whole family foster
home, as defined in Section 11400, shall equal the basic rate for
children placed in a licensed or approved home as specified in
subdivisions (a) to (d), inclusive, and subdivision (g), of Section
11461.

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

(B) Commencing January 1, 2017, the amount paid for care and
supervision of a dependent infant living with a dependent teenage
parent receiving AFDC-FC benefits in a short-term residential
treatment center shall equal the infant supplement rate for
short-term residential treatment centers established by the
department.

(3) (A)  The

end delete

begin insert (b) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert The end insert caregiver begin insert for a minor or nonminor dependent living
in a whole family foster home, as defined in Section 11400, end insert shall
provide the county child welfare agency or probation department
with a copy of the shared responsibility plan developed pursuant
to Section 16501.25 and shall advise the county child welfare
agency or probation department of any subsequent changes to the
plan. Once the plan has been completed and provided to the
appropriate agencies, the payment made pursuant to this section
shall be increased by an additional two hundred dollars ($200) per
month to reflect the increased care and supervision while he or
she is placed in the whole family foster home.

begin delete

(B)

end delete

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

begin delete

(i)

end delete

begin insert (A) end insert  The plan has been completed and provided to the appropriate
county agency.

begin delete

(ii)

end delete

begin insert (B) end insert  The plan has been approved by the appropriate county
agency.

begin delete

(iii)

end delete

begin insert (C) end insert  The county agency has determined that the identified
responsible adult meets the criteria specified in Section 16501.27.

begin delete

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

end delete begin delete

(5)

end delete

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

begin delete

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

end delete begin insert

(d) The rate paid for a pregnant minor or nonminor dependent,
for the month in which the birth is anticipated and for the six-month
period immediately prior to the month in which the birth is
anticipated, shall include the amount that would otherwise be paid
to cover the care and supervision of a child, if born, under this
section. Any amount paid pursuant to this subdivision shall be
used to meet the specialized needs of the pregnant minor or
nonminor dependent and to properly prepare for the needs of the
infant. Verification of pregnancy is a condition of eligibility for
aid under this subdivision.

end insert

SEC. 2.  

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 nor
otherwise be subject to Section 6 of Article XIII B of the California
Constitution.