AB 1838, as amended, Ting. Foster care: infant supplement.
(1) 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.begin delete 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.end delete
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.begin delete 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.end delete
This bill would 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, as specified. Because counties would administer these extended benefits, this bill would impose a state-mandated local program.
begin insert(2) This bill would incorporate changes to Section 11465 of the Welfare and Institutions Code proposed by both this bill and AB 1997, which would become operative only if both bills are enacted and become effective on or before January 1, 2017, and this bill is chaptered last.
end insert(2)
end deletebegin insert(3)end insert 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 11465 of the Welfare and Institutions
2Code is amended to read:
(a) When a child is living with a parent who receives
4AFDC-FC or Kin-GAP benefits, the rate paid to the provider on
5behalf of the parent shall include an amount for care and
6supervision of the child.
7(b) For each category of eligible licensed community care
8facility, as defined in Section 1502 of the Health and Safety Code,
9the department shall adopt regulations setting forth a uniform rate
10to cover the cost of care and supervision of the child in each
11category of eligible licensed community care facility.
P3 1(c) (1) On and after July 1, 1998, the uniform rate to cover the
2cost of care and supervision of a child
pursuant to this section shall
3be increased by 6 percent, rounded to the nearest dollar. The
4resultant amounts shall constitute the new uniform rate.
5(2) (A) On and after July 1, 1999, the uniform rate to cover the
6cost of care and supervision of a child pursuant to this section shall
7be adjusted by an amount equal to the California Necessities Index
8computed pursuant to Section 11453, rounded to the nearest dollar.
9The resultant amounts shall constitute the new uniform rate, subject
10to further adjustment pursuant to subparagraph (B).
11(B) In addition to the adjustment specified in subparagraph (A),
12on and after January 1, 2000, the uniform rate to cover the cost of
13care and supervision of a child pursuant to this section shall be
14increased by 2.36 percent, rounded
to the nearest dollar. The
15resultant amounts shall constitute the new uniform rate.
16(3) Subject to the availability of funds, for the 2000-01 fiscal
17year and annually thereafter, these rates shall be adjusted for cost
18of living pursuant to procedures in Section 11453.
19(4) On and after January 1, 2008, the uniform rate to cover the
20cost of care and supervision of a child pursuant to this section shall
21be increased by 5 percent, rounded to the nearest dollar. The
22resulting amount shall constitute the new uniform rate.
23(5) Commencing July 1, 2016, the uniform rate to cover the
24cost of care and supervision of a child pursuant to this section shall
25be supplemented by an additional monthly amount of four hundred
26eighty-nine
dollars ($489). This monthly supplement shall only
27be provided if funding for this purpose is appropriated in the annual
28Budget Act.
29(d) (1) Notwithstanding subdivisions (a) to (c), inclusive, the
30payment made pursuant to this section for care and supervision of
31a child who is living with a teen parent in a whole family foster
32home, as defined in Section 11400, shall equal the basic rate for
33children placed in a licensed or approved home as specified in
34subdivisions (a) to (d), inclusive, and subdivision (g), of Section
3511461.
36(2) (A) The amount paid for care and supervision of a dependent
37infant living with a dependent teen parent receiving AFDC-FC
38benefits in a group home placement shall equal the infant
39supplement rate for group home
placements.
P4 1(B) Commencing January 1, 2017, the amount paid for care and
2supervision of a dependent infant living with a dependent teenage
3parent receiving AFDC-FC benefits in a short-term residential
4treatment center shall equal the infant supplement rate for
5short-term residential treatment centers established by the
6department.
7(3) (A) The caregiver shall provide the county child welfare
8agency or probation department with a copy of the shared
9responsibility plan developed pursuant to Section 16501.25 and
10shall advise the county child welfare agency or probation
11department of any subsequent changes to the plan. Once the plan
12has been completed and provided to the appropriate agencies, the
13payment made pursuant to this section shall be increased by an
14additional
two hundred dollars ($200) per month to reflect the
15increased care and supervision while he or she is placed in the
16whole family foster home.
17(B) A nonminor dependent parent residing in a supervised
18independent living placement, as defined in subdivision (w) of
19Section 11400, who develops a written parenting support plan
20pursuant to Section 16501.26 shall provide the county child welfare
21agency or probation department with a copy of the plan and shall
22advise the county child welfare agency or probation department
23of any subsequent changes to the plan. The payment made pursuant
24to this section shall be increased by an additional two hundred
25dollars ($200) per month after all of the following have been
26satisfied:
27(i) The plan has been completed and provided to the
appropriate
28county agency.
29(ii) The plan has been approved by the appropriate county
30agency.
31(iii) The county agency has determined that the identified
32responsible adult meets the criteria specified in Section 16501.27.
33(4) In a year in which the payment provided pursuant to this
34section is adjusted for the cost of living as provided in paragraph
35(1) of subdivision (c), the payments provided for in this subdivision
36shall also be increased by the same procedures.
37(5) A Kin-GAP relative who, immediately prior to entering the
38Kin-GAP program, was designated as a whole family foster home
39shall receive the same payment amounts for the care and
P5 1supervision of a
child who is living with a teen parent they received
2in foster care as a whole family foster home.
3(6) On and after January 1, 2012, the rate paid for a child living
4with a teen parent in a whole family foster home as defined in
5Section 11400 shall also be paid for a child living with a nonminor
6dependent parent who is eligible to receive AFDC-FC or Kin-GAP
7pursuant to Section 11403.
8(e) The rate paid for a pregnant minor or nonminor dependent
9for the month in which the birth is anticipated and for the
10three-month period immediately prior to the month in which the
11birth is anticipated shall include the amount that would otherwise
12be paid under this section to cover the care and supervision of a
13child, if born. Any amount paid pursuant to this subdivision shall
14be used to meet
the specialized needs of the pregnant minor or
15nonminor dependent and to properly prepare for the needs of the
16infant. Verification of pregnancy is a condition of eligibility for
17aid under this subdivision.
begin insertSection 11465 of the end insertbegin insertWelfare and Institutions Codeend insert
19
begin insert is amended to read:end insert
(a) When a child is living with a parent who receives
21AFDC-FC or Kin-GAP benefits, the rate paid to the provider on
22behalf of the parent shall include an amount for care and
23supervision of the child.
24(b) For each category of eligible licensed community care
25facility, as defined in Section 1502 of the Health and Safety Code,
26the department shall adopt regulations setting forth a uniform rate
27to cover the cost of care and supervision of the child in each
28category of eligible licensed community care facility.
29(c) (1) On and after July 1, 1998, the uniform rate to cover the
30cost of care and supervision of a child pursuant to this section shall
31be increased by 6 percent, rounded to
the nearest dollar. The
32resultant amounts shall constitute the new uniform rate.
33(2) (A) On and after July 1, 1999, the uniform rate to cover the
34cost of care and supervision of a child pursuant to this section shall
35be adjusted by an amount equal to the California Necessities Index
36computed pursuant to Section 11453, rounded to the nearest dollar.
37The resultant amounts shall constitute the new uniform rate, subject
38to further adjustment pursuant to subparagraph (B).
39(B) In addition to the adjustment specified in subparagraph (A),
40on and after January 1, 2000, the uniform rate to cover the cost of
P6 1care and supervision of a child pursuant to this section shall be
2increased by 2.36 percent, rounded to the nearest dollar. The
3resultant amounts shall constitute the new uniform rate.
4(3) Subject to
the availability of funds, for the 2000-01 fiscal
5year and annually thereafter, these rates shall be adjusted for cost
6of living pursuant to procedures in Section 11453.
7(4) On and after January 1, 2008, the uniform rate to cover the
8cost of care and supervision of a child pursuant to this section shall
9be increased by 5 percent, rounded to the nearest dollar. The
10resulting amount shall constitute the new uniform rate.
11(5) Commencing July 1, 2016, the uniform rate to cover the
12cost of care and supervision of a child pursuant to this section shall
13be supplemented by an additional monthly amount of four hundred
14eighty-nine dollars ($489). This monthly supplement shall only
15be provided if funding for this purpose is appropriated in the annual
16Budget Act.
17(d) (1) Notwithstanding subdivisions (a) to
(c), inclusive, the
18payment made pursuant to this section for care and supervision of
19a child who is living with a teen parent in a whole family foster
20home, as defined in Section 11400, shall equal the basic rate for
21children placed in a licensed or approved home as specified in
22subdivisions (a) to (d), inclusive, and subdivision (g), of Section
2311461.
24(2) (A) The amount paid for care and supervision of a dependent
25infant living with a dependent teen parent receiving AFDC-FC
26benefits in a group home placement shall equal the infant
27supplement rate for group home placements.
28(B) Commencing January 1, 2017, the amount paid for care and
29supervision of a dependent infant living with a dependent teenage
30parent receiving AFDC-FC benefits in a short-term residential
31begin delete treatment centerend deletebegin insert
therapeutic programend insert
shall equal the infant
32supplement rate for short-term residentialbegin delete treatment centersend delete
33begin insert therapeutic programsend insert established by the department.
34(3) (A) The caregiver shall provide the county child welfare
35agency or probation department with a copy of the shared
36responsibility plan developed pursuant to Section 16501.25 and
37shall advise the county child welfare agency or probation
38department of any subsequent changes to the plan. Once the plan
39has been completed and provided to the appropriate agencies, the
40payment made pursuant to this section shall be increased by an
P7 1additional two hundred dollars ($200) per month to reflect the
2increased care and supervision while he or she is placed in the
3whole family foster home.
4(B) A nonminor dependent parent residing in a supervised
5independent living placement, as defined in subdivision (w) of
6Section 11400, who develops a written parenting support plan
7pursuant to Section 16501.26 shall provide the county child welfare
8agency or probation department with a copy of the plan and shall
9advise the county child welfare agency or probation department
10of any subsequent changes to the plan. The payment made pursuant
11to this section shall be increased by an additional two hundred
12dollars ($200) per month after all of the following have been
13satisfied:
14(i) The plan has been completed and provided to the appropriate
15county agency.
16(ii) The plan has been approved by the appropriate county
17agency.
18(iii) The county agency has determined
that the identified
19responsible adult meets the criteria specified in Section 16501.27.
20(4) In a year in which the payment provided pursuant to this
21section is adjusted for the cost of living as provided in paragraph
22(1) of subdivision (c), the payments provided for in this subdivision
23shall also be increased by the same procedures.
24(5) A Kin-GAP relative who, immediately prior to entering the
25Kin-GAP program, was designated as a whole family foster home
26shall receive the same payment amounts for the care and
27supervision of a child who is living with a teen parent they received
28in foster care as a whole family foster home.
29(6) On and after January 1, 2012, the rate paid for a child living
30with a teen parent in a whole family foster home as defined in
31Section 11400 shall also be paid for a child living with a nonminor
32
dependent parent who is eligible to receive AFDC-FC or Kin-GAP
33pursuant to Section 11403.
34
(e) The rate paid for a pregnant minor or nonminor dependent
35for the month in which the birth is anticipated and for the
36three-month period immediately prior to the month in which the
37birth is anticipated shall include the amount that would otherwise
38be paid under this section to cover the care and supervision of a
39child, if born. Any amount paid pursuant to this subdivision shall
40be used to meet the specialized needs of the pregnant minor or
P8 1nonminor dependent and to properly prepare for the needs of the
2infant. Verification of pregnancy is a condition of eligibility for
3aid under this subdivision.
Section 1.5 of this bill incorporates amendments to
5Section 11465 of the Welfare and Institutions Code proposed by
6both this bill and Assembly Bill 1997. It shall only become
7operative if (1) both bills are enacted and become effective on or
8before January 1, 2017, (2) each bill amends Section 11465 of the
9Welfare and Institutions Code, and (3) this bill is enacted after
10Assembly Bill 1997, in which case Section 1 of this bill shall not
11become operative.
To the extent that this act has an overall effect of
14increasing the costs already borne by a local agency for programs
15or levels of service mandated by the 2011 Realignment Legislation
16within the meaning of Section 36 of Article XIII of the California
17Constitution, it shall apply to local agencies only to the extent that
18the state provides annual funding for the cost increase. Any new
19program or higher level of service provided by a local agency
20pursuant to this act above the level for which funding has been
21provided shall not require
a subvention of funds by the state nor
22otherwise be subject to Section 6 of Article XIII B of the California
23Constitution.
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