Amended in Senate February 4, 2015

Senate BillNo. 12


Introduced by Senator Beall

December 1, 2014


An actbegin insert to amend Sections 303, 388, 388.1, 450, 607.2, 11400, 11401, 11403, and 11405 of the Welfare and Institutions Code,end insert relating to foster youth.

LEGISLATIVE COUNSEL’S DIGEST

SB 12, as amended, Beall. Foster youth.

begin insert

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), 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.

end insert
begin insert

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.

end insert
begin insert

This bill would revise the definition of a nonminor dependent and former nonminor dependent to include a nonminor who was subject to an order for foster care placement at any time before he or she attained 12 years of age and who has not attained 21 years of age. This bill would make conforming changes to allow a court to assume or resume dependency jurisdiction or transition jurisdiction over a nonminor who satisfies this criteria. Because the bill would expand the application of the above county administered programs, the bill would impose a state-mandated local program.

end insert
begin 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.

end insert
begin insert

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end insert
begin delete

Existing law provides that a minor who is found to have suffered abuse or neglect maybe adjudged a dependent child of the juvenile court. Existing law provides that a minor who is found to have committed a crime, who is truant, or who has violated an ordinance imposing a curfew, may be adjudged a ward of the juvenile court. Existing law authorizes the juvenile court to retain jurisdiction over a ward or dependent child until the person attains the age of 21 years. Existing law also authorizes the juvenile court to make reasonable orders for the placement of a ward or dependent child, including placement in a juvenile facility.

end delete
begin delete

Existing law provides that nonminor dependent children and wards are eligible to receive foster youth benefits after 18 years of age, under specified circumstances, including that the person has attained 18 years of age while under an order of foster care placement by the juvenile court.

end delete
begin delete

This bill would express the intent of the Legislature to enact legislation that would require that a placement order for a person who is in the custody of a juvenile facility remain in place until the person attains 18 years of age and is released from custody, in order to help ensure that the person may remain eligible for foster youth benefits upon his or her release from custody.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 303 of the end insertbegin insertWelfare and Institutions Codeend insert
2begin insert is amended to read:end insert

3

303.  

(a) The court may retain jurisdiction over any person who
4is found to be a ward or a dependent child of the juvenile court
5until the ward or dependent child attains the age of 21 years.

6(b) begin deleteOn and after January 1, 2012, the end deletebegin insertThe end insertcourt shall have within
7its jurisdiction any nonminor dependent, as defined in subdivision
8(v) of Section 11400. The court may terminate its dependency,
9delinquency, or transition jurisdiction over the nonminor dependent
10between the time the nonminor reaches the age of majority and 21
11years of age. If the court terminates dependency, delinquency, or
12 transition jurisdiction, the nonminor dependent shall remain under
13the general jurisdiction of the court in order to allow for a petition
14under subdivision (e) of Section 388.

15(c) begin deleteOn and after January 1, 2012, a end deletebegin insertA end insertnonminor who has not yet
16attained 21 years of age and whobegin delete exited foster care at or after the
17age of majority,end delete
begin insert was previously under the jurisdiction of the
18juvenile court subject to an order for foster care placement at any
19time after attaining 12 years of age,end insert
may petition the court pursuant
20to subdivision (e) of Section 388 to resume dependency jurisdiction
21 over himself or herself or to assume transition jurisdiction over
22himself or herself pursuant to Section 450.

23(d) (1) Nothing in this code, including, but not limited to,
24Sections 340, 366.27, and 369.5, shall be construed to provide
25legal custody of a person who has attained 18 years of age to the
26county welfare or probation department or to otherwise abrogate
27any other rights that a person who has attained 18 years of age
28may have as an adult under California law. A nonminor dependent
29shall retain all of his or her legal decisionmaking authority as an
30adult. The nonminor shall enter into a mutual agreement for
31placement, as described in subdivision (u) of Section 11400, unless
32the nonminor dependent is incapable of making an informed
33agreement, or a voluntary reentry agreement, as described in
P4    1subdivision (z) of Section 11400, for placement and care in which
2the nonminor consents to placement and care in a setting supervised
3by, and under the responsibility of, the county child welfare
4services department, the county probation department, or Indian
5tribe, tribal organization, or consortium of tribes that entered into
6an agreement pursuant to Section 10553.1.

7(2) A nonminor dependent who remains under delinquency
8jurisdiction in order to complete his or her rehabilitative goals and
9is under a foster care placement order is not required to complete
10the mutual agreement as described in subdivision (u) of Section
1111400. His or her adult decisionmaking authority may be limited
12by and subject to the care, supervision, custody, conduct, and
13maintenance orders as described in Section 727.

14(e) Unless otherwise specified, the rights of a dependent child
15and the responsibilities of the county welfare or probation
16department, or tribe, and other entities, toward the child and family,
17shall also apply to nonminor dependents.

18begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 388 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
19amended to read:end insert

20

388.  

(a) (1) Any parent or other person having an interest in
21a child who is a dependent child of the juvenile court or a nonminor
22dependent as defined in subdivision (v) of Section 11400, or the
23child himself or herself or the nonminor dependent through a
24properly appointed guardian may, upon grounds of change of
25circumstance or new evidence, petition the court in the same action
26in which the child was found to be a dependent child of the juvenile
27court or in which a guardianship was ordered pursuant to Section
28360 for a hearing to change, modify, or set aside any order of court
29previously made or to terminate the jurisdiction of the court. The
30petition shall be verified and, if made by a person other than the
31child or the nonminor dependent shall state the petitioner’s
32relationship to or interest in the child or the nonminor dependent
33and shall set forth in concise language any change of circumstance
34or new evidence that is alleged to require the change of order or
35termination of jurisdiction.

36(2) When any party, including a child who is a dependent of the
37juvenile court, petitions the court prior to an order terminating
38parental rights, to modify the order that reunification services were
39not needed pursuant to paragraphs (4), (5), and (6) of subdivision
40(b) of Section 361.5, or to modify any orders related to custody or
P5    1visitation of the subject child, and the court orders a hearing
2pursuant to subdivision (d), the court shall modify the order that
3reunification services were not needed pursuant to paragraphs (4),
4(5), and (6) of subdivision (b) of Section 361.5, or any orders
5related to the custody or visitation of the child for whom
6reunification services were not ordered pursuant to paragraphs (4),
7(5), and (6) of subdivision (b) of Section 361.5, only if the court
8finds by clear and convincing evidence that the proposed change
9is in the best interests of the child.

10(b) (1) Any person, including a child or a nonminor dependent
11who is a dependent of the juvenile court, may petition the court to
12assert a relationship as a sibling related by blood, adoption, or
13affinity through a common legal or biological parent to a child
14who is, or is the subject of a petition for adjudication as, a
15dependent of the juvenile court, and may request visitation with
16the dependent child, placement with or near the dependent child,
17or consideration when determining or implementing a case plan
18or permanent plan for the dependent child or make any other
19request for an order which may be shown to be in the best interest
20of the dependent child.

21(2) A child or nonminor dependent who is a dependent of the
22juvenile court may petition the court to assert a relationship as a
23sibling related by blood, adoption, or affinity through a common
24legal or biological parent to a child who is in the physical custody
25of a common legal or biological parent, and may request visitation
26with the nondependent sibling in parental custody.

27(3) Pursuant to subdivision (b) of Section 16002, a request for
28sibling visitation may be granted unless it is determined by the
29court that sibling visitation is contrary to the safety and well-being
30of any of the siblings.

31(4) The court may appoint a guardian ad litem to file the petition
32for a dependent child asserting a sibling relationship pursuant to
33this subdivision if the court determines that the appointment is
34necessary for the best interests of the dependent child. The petition
35shall be verified and shall set forth the following:

36(A) Through which parent he or she is related to the sibling.

37(B) Whether he or she is related to the sibling by blood,
38adoption, or affinity.

39(C) The request or order that the petitioner is seeking.

P6    1(D) Why that request or order is in the best interest of the
2dependent child.

3(c) (1) Any party, including a child who is a dependent of the
4juvenile court, may petition the court, prior to the hearing set
5pursuant to subdivision (f) of Section 366.21 for a child described
6by subparagraph (A) of paragraph (1) of subdivision (a) of Section
7361.5, or prior to the hearing set pursuant to subdivision (e) of
8Section 366.21 for a child described by subparagraph (B) or (C)
9of paragraph (1) of subdivision (a) of Section 361.5, to terminate
10court-ordered reunification services provided under subdivision
11(a) of Section 361.5 only if one of the following conditions exists:

12(A) It appears that a change of circumstance or new evidence
13exists that satisfies a condition set forth in subdivision (b) or (e)
14of Section 361.5 justifying termination of court-ordered
15reunification services.

16(B) The action or inaction of the parent or guardian creates a
17substantial likelihood that reunification will not occur, including,
18but not limited to, the parent’s or guardian’s failure to visit the
19child, or the failure of the parent or guardian to participate regularly
20and make substantive progress in a court-ordered treatment plan.

21(2) In determining whether the parent or guardian has failed to
22visit the child or participate regularly or make progress in the
23treatment plan, the court shall consider factors that include but are
24not limited to, the parent’s or guardian’s incarceration,
25institutionalization, detention by the United States Department of
26Homeland Security, deportation, or participation in a court-ordered
27residential substance abuse treatment program.

28(3) The court shall terminate reunification services during the
29above-described time periods only upon a finding by a
30preponderance of evidence that reasonable services have been
31offered or provided, and upon a finding of clear and convincing
32evidence that one of the conditions in subparagraph (A) or (B) of
33paragraph (1) exists.

34(4) Any party, including a nonminor dependent, as defined in
35subdivision (v) of Section 11400, may petition the court prior to
36the review hearing set pursuant to subdivision (d) of Section 366.31
37to terminate the continuation of court-ordered family reunification
38services for a nonminor dependent who has attained 18 years of
39age. The court shall terminate family reunification services to the
40parent or guardian if the nonminor dependent or parent or guardian
P7    1are not in agreement that the continued provision of court-ordered
2family reunification services is in the best interests of the nonminor
3dependent.

4(5) If the court terminates reunification services, it shall order
5that a hearing pursuant to Section 366.26 be held within 120 days.
6On and after January 1, 2012, a hearing pursuant to Section 366.26
7shall not be ordered if the child is a nonminor dependent. The court
8may order a nonminor dependent who is otherwise eligible to
9AFDC-FC benefits pursuant to Section 11403 to remain in a
10planned, permanent living arrangement.

11(d) If it appears that the best interests of the child or the
12nonminor dependent may be promoted by the proposed change of
13order, modification of reunification services, custody, or visitation
14orders concerning a child for whom reunification services were
15not ordered pursuant to paragraphs (4), (5), and (6) of subdivision
16(b) of Section 361.5, recognition of a sibling relationship,
17termination of jurisdiction, or clear and convincing evidence
18supports revocation or termination of court-ordered reunification
19services, the court shall order that a hearing be held and shall give
20prior notice, or cause prior notice to be given, to the persons and
21in the manner prescribed by Section 386, and, in those instances
22in which the manner of giving notice is not prescribed by those
23sections, then in the manner the court prescribes.

24(e) (1) begin deleteOn and after January 1, 2012, a end deletebegin insertA end insertnonminor who attained
25begin delete 18end deletebegin insert 12end insert years of age while subject to an order for foster care
26placementbegin delete and, commencing January 1, 2012,end deletebegin insert andend insert who has not
27attainedbegin delete 19 years of age, or, commencing January 1, 2013, 20 years
28of age, or, commencing January 1, 2014,end delete
21 years ofbegin delete age, or as
29described in Section 10103.5,end delete
begin insert ageend insert for whom the court has dismissed
30dependency jurisdiction pursuant to Section 391, or delinquency
31jurisdiction pursuant to Section 607.2, or transition jurisdiction
32pursuant to Section 452, but has retained general jurisdiction under
33subdivision (b) of Section 303, or the county child welfare services,
34probation department, or tribal placing agency on behalf of the
35nonminor, may petition the court in the same action in which the
36child was found to be a dependent or delinquent child of the
37juvenile court, for a hearing to resume the dependency jurisdiction
38over a former dependent or to assume or resume transition
39jurisdiction over a former delinquent ward pursuant to Section
40450. The petition shall be filed within the period that the nonminor
P8    1is of the age described in this paragraph. If the nonminor has
2completed the voluntary reentry agreement, as described in
3subdivision (z) of Section 11400, with the placing agency, the
4agency shall file the petition on behalf of the nonminor within 15
5 judicial days of the date the agreement was signed unless the
6nonminor elects to file the petition at an earlier date.

7(2) (A) The petition to resume jurisdiction may be filed in the
8juvenile court that retains general jurisdiction under subdivision
9(b) of Section 303, or the petition may be submitted to the juvenile
10court in the county where the youth resides and forwarded to the
11juvenile court that retained general jurisdiction and filed with that
12court. The juvenile court having general jurisdiction under Section
13303 shall receive the petition from the court where the petition
14was submitted within five court days of its submission, if the
15petition is filed in the county of residence. The juvenile court that
16retained general jurisdiction shall order that a hearing be held
17within 15 judicial days of the date the petition was filed if there is
18a prima facie showing that the nonminor satisfies the following
19criteria:

20(i) He or she was previously under juvenile court jurisdiction,
21subject to an order for foster care placementbegin delete when he or she
22attained 18 years of age,end delete
begin insert at any time after the youth attained 12
23years of age,end insert
and has not attained the age limits described in
24paragraph (1).

25(ii) He or she intends to satisfy at least one of the conditions set
26forth in paragraphs (1) to (5), inclusive, of subdivision (b) of
27Section 11403.

28(iii) He or she wants assistance either in maintaining or securing
29appropriate supervised placement, or is in need of immediate
30placement and agrees to supervised placement pursuant to the
31voluntary reentry agreement as described in subdivision (z) of
32Section 11400.

33(B) Upon ordering a hearing, the court shall give prior notice,
34or cause prior notice to be given, to the persons and by the means
35prescribed by Section 386, except that notice to parents or former
36guardians shall not be provided unless the nonminor requests, in
37writing on the face of the petition, notice to the parents or former
38guardians.

39(3) The Judicial Council, by January 1, 2012, shall adopt rules
40of court to allow for telephonic appearances by nonminor former
P9    1dependents or delinquents in these proceedings, and for telephonic
2appearances by nonminor dependents in any proceeding in which
3the nonminor dependent is a party, and he or she declines to appear
4and elects a telephonic appearance.

5(4) Prior to the hearing on a petition to resume dependency
6jurisdiction or to assume or resume transition jurisdiction, the court
7shall order the county child welfare or probation department to
8prepare a report for the court addressing whether the nonminor
9intends to satisfy at least one of the criteria set forth in subdivision
10(b) of Section 11403. When the recommendation is for the
11nonminor dependent to be placed in a setting where minor
12dependents also reside, the results of a background check of the
13petitioning nonminor conducted pursuant to Section 16504.5, may
14be used by the placing agency to determine appropriate placement
15options for the nonminor. The existence of a criminal conviction
16is not a bar to eligibility for reentry or resumption of dependency
17jurisdiction or the assumption or resumption of transition
18jurisdiction over a nonminor.

19(5) (A) The court shall resume dependency jurisdiction over a
20former dependent or assume or resume transition jurisdiction over
21a former delinquent ward pursuant to Section 450, and order that
22the nonminor’s placement and care be under the responsibility of
23the county child welfare services department, the probation
24department, tribe, consortium of tribes, or tribal organization, if
25the court finds all of the following:

26(i) The nonminor was previously under juvenile court
27jurisdiction subject to an order for foster care placementbegin delete when he
28or she attained 18end delete
begin insert at any time after he or she attained 12end insert years of
29age.

30(ii) The nonminor has not attained the age limits described in
31paragraph (1).

32(iii) Reentry and remaining in foster care are in the nonminor’s
33best interests.

34(iv) The nonminor intends to satisfy, and agrees to satisfy, at
35least one of the criteria set forth in paragraphs (1) to (5), inclusive,
36of subdivision (b) of Section 11403, and demonstrates his or her
37agreement to placement in a supervised setting under the placement
38and care responsibility of the placing agency and to satisfy the
39criteria by signing the voluntary reentry agreement as described
40in subdivision (z) of Section 11400.

P10   1(B) In no event shall the court grant a continuance that would
2cause the hearing to resume dependency jurisdiction or to assume
3or resume transition jurisdiction to be completed more than 120
4days after the date the petition was filed.

5(C) The agency made responsible for the nonminor’s placement
6and care pursuant to subparagraph (A) shall prepare a new
7transitional independent living case plan within 60 calendar days
8from the date the nonminor signed the voluntary reentry agreement
9as described in subdivision (z) of Section 11400 and submit it to
10the court for the review hearing under Section 366.31, to be held
11within 70 days of the resumption of dependency jurisdiction or
12assumption or resumption of transition jurisdiction. In no event
13shall the review hearing under Section 366.3 be held more than
14170 calendar days from the date the nonminor signed the voluntary
15reentry agreement.

16begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 388.1 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
17amended to read:end insert

18

388.1.  

(a) On and after January 1, 2014, a nonminor who has
19not attained 21 years of age may petition the court in which he or
20she was previously found to be a dependent or delinquent child of
21the juvenile court for a hearing to determine whether to assume
22dependency jurisdiction over the nonminor, if he or she meets any
23of the following descriptions:

24(1) He or she is a nonminor former dependent, as defined in
25subdivision (aa) of Section 11400, who received aid after attaining
26begin delete 18end deletebegin insert 12end insert years of age under Kin-GAP pursuant to Article 4.5
27(commencing with Section 11360) or Article 4.7 (commencing
28with Section 11385) of Chapter 2 of Part 3 of Division 9, or
29pursuant to subdivision (e) of Section 11405, and whose former
30guardian or guardians died after the nonminor attained 18 years
31of age, but before he or she attains 21 years of age.

32(2) He or she is a nonminor former dependent, as defined in
33subdivision (aa) of Section 11400, who received aid after attaining
34begin delete 18end deletebegin insert 12end insert years of age under Kin-GAP pursuant to Article 4.5
35(commencing with Section 11360) or Article 4.7 (commencing
36with Section 11385) of Chapter 2 of Part 3 of Division 9, or
37pursuant to subdivision (e) of Section 11405, and whose former
38guardian or guardians no longer provide ongoing supportbegin delete to, and
39no longer receive aid on behalf of,end delete
begin insert toend insert the nonminor after the
P11   1nonminor attained 18 years of age, but before he or she attains 21
2years of age.

3(3) He or she is a nonminor who received adoption assistance
4payments after attainingbegin delete 18end deletebegin insert 12end insert years of age pursuant to Chapter
52.1 (commencing with Section 16115) of Part 4 of Division 9 and
6his or her adoptive parent or parents died after the nonminor
7attained 18 years of age, but before he or she attains 21 years of
8age.

9(4) He or she is a nonminor who received adoption assistance
10payments after attainingbegin delete 18end deletebegin insert 12end insert years of age pursuant to Chapter
112.1 (commencing with Section 16115) of Part 4 of Division 9 and
12his or her adoptive parent or parents no longer provide ongoing
13supportbegin delete to, and no longer receive benefits on behalf of,end deletebegin insert toend insert the
14nonminor after the nonminor attained 18 years of age, but before
15he or she attains 21 years of age.

begin insert

16(5) He or she is a nonminor who was previously under the
17jurisdiction of the juvenile court subject to an order for foster care
18placement at any time after he or she attained 12 years of age and
19who has not attained 21 years of age.

end insert

20(b) (1) The petition to assume jurisdiction may be filed in either
21of the following:

22(A) The juvenile court that established the guardianship pursuant
23to Section 360, Section 366.26, or subdivision (d) of Section 728.

24(B) The juvenile court that had jurisdiction over the minor or
25nonminor dependent when his or her adoption was finalized.

26(2) A nonminor described in subdivision (a) may submit a
27petition to assume dependency jurisdiction to the juvenile court
28in the county where he or she resides. A petition submitted pursuant
29to this paragraph shall, within five days of submission, be
30forwarded to the court that had jurisdiction over the child at the
31time of the guardianship or adoption. The clerk of the court that
32had jurisdiction over the child at the time of the guardianship or
33adoption shall file the petition within one judicial day of receipt.

34(c) (1) The juvenile court in which the petition was filed shall
35order a hearing to be held within 15 judicial days of the date the
36petition was filed if there is a prima facie showing that the
37nonminor satisfies all of the following criteria:

38(A) He or she was a minor under juvenile court jurisdiction at
39the time of the establishment of a guardianship pursuant to Section
40360, Section 366.26, or subdivision (d) of Section 728, or he or
P12   1she was a minor or nonminor dependent when his or her adoption
2was finalized.

3(B) (i) His or her guardian or guardians, or adoptive parent or
4parents, as applicable, died after the nonminor attained 18 years
5of age, but before he or she attained 21 years of age.

6(ii) His or her guardian or guardians, or adoptive parent or
7parents, as applicable, no longer provide ongoing supportbegin delete to, and
8no longer receive payment on behalf of,end delete
begin insert toend insert the nonminor after the
9nonminor attained 18 years of age, but before he or she attained
1021 years of age, and it may be in the nonminor’s best interest for
11the court to assume dependency jurisdiction.

12(C) He or she intends to satisfy at least one of the conditions
13set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of
14Section 11403.

15(D) He or she is requesting assistance in maintaining or securing
16appropriate supervised placement, or needs immediate placement
17and agrees to supervised placement pursuant to the voluntary
18reentry agreement described in subdivision (z) of Section 11400.

19(2) Upon ordering a hearing, the court shall give prior notice,
20or cause prior notice to be given, to the nonminor, the appropriate
21child welfare agency or probation department, and any other person
22requested by the nonminor in the petition.

23(3) Pursuant to applicable rules of court, the juvenile court shall
24allow for telephonic appearances by the nonminor in these
25proceedings and in any proceeding in which the nonminor
26dependent is a party.

27(4) Prior to the hearing, the court shall order the county child
28welfare or probation department to prepare a report for the court
29that addresses both of the following:

30(A) The nonminor’s plans to satisfy at least one of the criteria
31set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of
32Section 11403.

33(B) The appropriate placement setting for the nonminor. When
34the recommendation is for the nonminor to be placed in a setting
35where minor dependents also reside, the results of a background
36check of the petitioning nonminor conducted pursuant to Section
3716504.5 may be used by the placing agency to determine
38appropriate placement options for him or her.

39(5) The court shall assume dependency jurisdiction over a former
40dependent or ward, and order his or her placement and care be
P13   1under the responsibility of the county child welfare services
2department, the probation department, tribe, consortium of tribes,
3or tribal organization, if the court finds all of the following:

4(A) The nonminor was a minor under juvenile court jurisdiction
5at the time of the establishment of a guardianship pursuant to
6Section 360, Section 366.26, or subdivision (d) of Section 728, or
7he or she was a dependent at the time his or her adoption was
8finalized.

9(B) The nonminor’s guardian or guardians, or adoptive parent
10or parents, as applicable, have died, or no longer provide ongoing
11supportbegin delete to, and no longer receive payment on behalf of,end deletebegin insert toend insert the
12nonminor, and it is in the nonminor’s best interests for the court
13to assume dependency jurisdiction.

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

15(D) Reentry and remaining in foster care are in the nonminor’s
16best interests.

17(E) The nonminor intends to satisfy, and agrees to satisfy, at
18least one of the criteria set forth in paragraphs (1) to (5), inclusive,
19of subdivision (b) of Section 11403, and demonstrates his or her
20agreement to placement in a supervised setting under the placement
21and care responsibility of the placing agency by signing the
22voluntary reentry agreement described in subdivision (z) of Section
2311400.

24(6) The existence of a criminal conviction is not a bar to
25eligibility for reentry to foster care or assumption of dependency
26jurisdiction over a nonminor.

27(7) The court shall not grant a continuance that would cause the
28hearing to be completed more than 120 days after the date the
29petition is filed.

30(d) The agency made responsible for the nonminor’s placement
31and care pursuant to paragraph (5) of subdivision (c) shall prepare
32a new transitional independent living case plan within 60 calendar
33days of the date the nonminor signs the voluntary reentry agreement
34and shall submit the plan to the court for the review hearing
35specified in Section 366.31, to be held within 70 days of the
36assumption of dependency jurisdiction. The review hearing under
37Section 366.31 shall not be held more than 170 calendar days from
38the date the nonminor signs the voluntary reentry agreement.

39(e) (1) A nonminor described in subdivision (a) may enter into
40a voluntary reentry agreement as defined in subdivision (z) of
P14   1Section 11400 in order to establish eligibility for foster care
2benefits under subdivision (e) of Section 11401 before or after
3filing a petition to assume dependency jurisdiction. If the nonminor
4enters into a voluntary reentry agreement prior to filing the petition,
5the nonminor is entitled to placement and supervision pending the
6court’s assumption of jurisdiction.

7(2) If the nonminor completes a voluntary reentry agreement
8with a placing agency, the placing agency shall file the petition to
9assume dependency jurisdiction on behalf of the nonminor within
1015 judicial days of the date the agreement is signed, unless the
11nonminor elects to file the petition at an earlier date.

12begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 450 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
13amended to read:end insert

14

450.  

(a) A minor or nonminor who satisfies all of the following
15criteria is within the transition jurisdiction of the juvenile court:

16(1) (A) The minor is a ward who is older than 17 years and 5
17months of age and younger than 18 years of age and in foster care
18placement, or the nonminor is a ward in foster care placement who
19was a ward subject to an order for foster care placementbegin delete on the
20day he or she attained 18 years of age and on and after January 1,
212012, has not attained 19 years of age, or, commencing January
221, 2013, 20 years of age, or, commencing January 1, 2014,end delete
begin insert at any
23time after the youth attained 12 years of age and who has not
24attainedend insert
21 years of age.

25(B) Notwithstanding subparagraph (A), the nonminor is a ward
26who has been receiving aid pursuant to Article 5 (commencing
27with Section 11400) of Chapter 2 of Part 3 of Division 9 between
28January 1, 2012, and December 31, 2012, and attains 19 years of
29age prior to January 1, 2013, or who has been receiving that aid
30between January 1, 2013, and December 31, 2013, and attains 20
31years of age prior to January 1, 2014, and who may continue to
32receive aid under the applicable program, provided that the
33nonminor dependent continues to meet all other applicable
34eligibility requirements as specified in Section 11403.

35(2) The ward meets either of the following conditions:

36(A) The ward was removed from the physical custody of his or
37her parents or legal guardian, adjudged to be a ward of the juvenile
38court under Section 725, and ordered into foster care placement
39as a ward.

P15   1(B) The ward was removed from the custody of his or her
2parents or legal guardian as a dependent of the court with an order
3for foster care placement as a dependent in effect at the time the
4court adjudged him or her to be a ward of the juvenile court under
5Section 725.

6(3) The rehabilitative goals of the minor or nonminor, as set
7forth in the case plan, have been met, and juvenile court jurisdiction
8over the minor or nonminor as a ward is no longer required.

9(4) (A) If the ward is a minor, reunification services have been
10terminated; the matter has not been set for a hearing for termination
11of parental rights pursuant to Section 727.3 or for the establishment
12of guardianship pursuant to Section 728; the return of the child to
13the physical custody of the parents or legal guardian would create
14a substantial risk of detriment to the child’s safety, protection, or
15physical or emotional well-being; and the minor has indicated an
16intent to sign a mutual agreement, as described in subdivision (u)
17of Section 11400, with the responsible agency for placement in a
18supervised setting as a nonminor dependent.

19(B) If the ward is a nonminor, he or she has signed a mutual
20agreement, as described in subdivision (u) of Section 11400, with
21the responsible agency for placement in a supervised setting as a
22nonminor dependent or has signed a voluntary reentry agreement,
23as described in subdivision (z) of Section 11400 for placement in
24a supervised setting as a nonminor dependent. A runaway and
25homeless youth shelter licensed by the State Department of Social
26Services pursuant to Section 1502.35 of the Health and Safety
27Code shall not be a placement option pursuant to this section.

28(b) A minor who is subject to the court’s transition jurisdiction
29shall be referred to as a transition dependent.

30(c) A youth subject to the court’s transition jurisdiction who is
3118 years of age or older shall be referred to as a nonminor
32dependent.

33begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 607.2 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
34amended to read:end insert

35

607.2.  

(a) begin deleteOn and after January 1, 2012, the end deletebegin insertThe end insertcourt shall
36hold a hearing prior to terminating jurisdiction over a ward who
37satisfies any of the following criteria:

38(1) Is a minor subject to an order for foster care placement
39described in Section 11402 as a ward who has not previously been
P16   1subject to the jurisdiction of the court as a result of a petition filed
2pursuant to Section 325.

3(2) Is a nonminor who was subject to an order for foster care
4placement described in Section 11402begin delete as a ward on the day he or
5she attained 18end delete
begin insert at any time after he or she attained 12 years of age
6and who has not attained 21end insert
years of age.

7(3) Is a ward who was subject to an order for foster care
8placement described in Section 11402 as a dependent of the court
9at the time the court adjudged the child to be a ward of the court
10under Section 725.

11(b) At a hearing during which termination of jurisdiction over
12a ward described in subdivision (a) is being considered, the court
13shall take one of the following actions:

14(1) Modify its jurisdiction from delinquency jurisdiction to
15transition jurisdiction, if the court finds the ward is a person
16described in Section 450.

17(2) (A) For a ward who was not previously subject to the
18jurisdiction of the court as a result of a petition filed pursuant to
19Section 325, order the probation department or the ward’s attorney
20to submit an application to the child welfare services department
21pursuant to Section 329 to declare the minor a dependent of the
22court and modify the court’s jurisdiction from delinquency
23jurisdiction to dependency jurisdiction, if the court finds all of the
24following:

25(i) The ward is a minor.

26(ii) The ward does not come within the description in Section
27450, but jurisdiction as a ward may no longer be required.

28(iii) The ward appears to come within the description of Section
29300 and cannot be returned home safely.

30(B) The court shall set a hearing within 20 judicial days of the
31date of the order described in subparagraph (A) to review the child
32welfare services department’s decision and may either affirm its
33decision not to file a petition pursuant to Section 300 or order the
34child welfare services department to file a petition pursuant to
35Section 300.

36(3) Vacate the order terminating jurisdiction over the minor as
37a dependent of the court, resume jurisdiction pursuant to Section
38300 based on the prior petition filed pursuant to Section 325, and
39terminate the court’s jurisdiction over the minor as a ward, if the
40minor was subject to an order for foster care placement described
P17   1in Section 11402 as a dependent of the court at the time the court
2adjudged the minor to be a ward and assumed jurisdiction over
3the minor under Section 725.

4(4) Continue its delinquency jurisdiction over a ward pursuant
5to Section 303 as a nonminor dependent, as defined in subdivision
6(v) of Section 11400, who is eligible to remain in foster care
7pursuant to Section 11403, if the ward is a nonminor and the court
8did not modify its jurisdiction as described in Section 450, unless
9the court finds that after reasonable and documented efforts, the
10ward cannot be located or does not wish to become a nonminor
11dependent. In making this finding and prior to entering an order
12terminating its delinquency jurisdiction, the court shall ensure that
13the ward has had an opportunity to confer with his or her counsel
14and has been informed of his or her options, including the right to
15reenter foster care placement by completing a voluntary reentry
16agreement as described in subdivision (z) of Section 11400 and to
17file a petition pursuant to subdivision (e) of Section 388 for the
18court to assume or resume transition jurisdiction over him or her
19pursuant to Section 450. The fact that a ward declines to be a
20nonminor dependent does not restrict the authority of the court to
21maintain delinquency jurisdiction pursuant to Section 607.

22(5) Continue its delinquency jurisdiction.

23(6) Terminate its delinquency jurisdiction if the ward does not
24come within the provisions of paragraphs (1) to (4), inclusive.

25(c) If the court modifies jurisdiction, its order shall comply with
26the requirements of subdivision (f) of Section 241.1.

27(d) This sectionbegin delete shall not be construed as changingend deletebegin insert does not
28changeend insert
the requirements of Section 727.2 or 727.3 with respect to
29reunification of minors with their families or the establishment of
30an alternative permanent plan for minors for whom reunification
31is not pursued.

32begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 11400 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
33amended to read:end insert

34

11400.  

For purposes of this article, the following definitions
35shall apply:

36(a) “Aid to Families with Dependent Children-Foster Care
37(AFDC-FC)” means the aid provided on behalf of needy children
38in foster care under the terms of this division.

39(b) “Case plan” means a written document that, at a minimum,
40specifies the type of home in which the child shall be placed, the
P18   1safety of that home, and the appropriateness of that home to meet
2the child’s needs. It shall also include the agency’s plan for
3ensuring that the child receive proper care and protection in a safe
4environment, and shall set forth the appropriate services to be
5provided to the child, the child’s family, and the foster parents, in
6order to meet the child’s needs while in foster care, and to reunify
7the child with the child’s family. In addition, the plan shall specify
8the services that will be provided or steps that will be taken to
9facilitate an alternate permanent plan if reunification is not possible.

10(c) “Certified family home” means a family residence certified
11by a licensed foster family agency and issued a certificate of
12approval by that agency as meeting licensing standards, and used
13only by that foster family agency for placements.

14(d) “Family home” means the family residence of a licensee in
15which 24-hour care and supervision are provided for children.

16(e) “Small family home” means any residential facility, in the
17licensee’s family residence, which provides 24-hour care for six
18or fewer foster children who have mental disorders or
19developmental or physical disabilities and who require special care
20and supervision as a result of their disabilities.

21(f) “Foster care” means the 24-hour out-of-home care provided
22to children whose own families are unable or unwilling to care for
23them, and who are in need of temporary or long-term substitute
24parenting.

25(g) “Foster family agency” means any individual or organization
26engaged in the recruiting, certifying, and training of, and providing
27professional support to, foster parents, or in finding homes or other
28places for placement of children for temporary or permanent care
29who require that level of care as an alternative to a group home.
30Private foster family agencies shall be organized and operated on
31a nonprofit basis.

32(h) “Group home” means a nondetention privately operated
33residential home, organized and operated on a nonprofit basis only,
34of any capacity, or a nondetention licensed residential care home
35operated by the County of San Mateo with a capacity of up to 25
36beds, that accepts children in need of care and supervision in a
37group home, as defined by paragraph (13) of subdivision (a) of
38Section 1502 of the Health and Safety Code.

39(i) “Periodic review” means review of a child’s status by the
40juvenile court or by an administrative review panel, that shall
P19   1include a consideration of the safety of the child, a determination
2of the continuing need for placement in foster care, evaluation of
3the goals for the placement and the progress toward meeting these
4goals, and development of a target date for the child’s return home
5or establishment of alternative permanent placement.

6(j) “Permanency planning hearing” means a hearing conducted
7by the juvenile court in which the child’s future status, including
8 whether the child shall be returned home or another permanent
9plan shall be developed, is determined.

10(k) “Placement and care” refers to the responsibility for the
11welfare of a child vested in an agency or organization by virtue of
12the agency or organization having (1) been delegated care, custody,
13and control of a child by the juvenile court, (2) taken responsibility,
14pursuant to a relinquishment or termination of parental rights on
15a child, (3) taken the responsibility of supervising a child detained
16by the juvenile court pursuant to Section 319 or 636, or (4) signed
17a voluntary placement agreement for the child’s placement; or to
18the responsibility designated to an individual by virtue of his or
19her being appointed the child’s legal guardian.

20(l) “Preplacement preventive services” means services that are
21designed to help children remain with their families by preventing
22or eliminating the need for removal.

23(m) “Relative” means an adult who is related to the child by
24blood, adoption, or affinity within the fifth degree of kinship,
25including stepparents, stepsiblings, and all relatives whose status
26is preceded by the words “great,” “great-great,” or “grand” or the
27spouse of any of these persons even if the marriage was terminated
28by death or dissolution.

29(n) “Nonrelative extended family member” means an adult
30caregiver who has an established familial or mentoring relationship
31with the child, as described in Section 362.7.

32(o) “Voluntary placement” means an out-of-home placement
33of a child by (1) the county welfare department, probation
34department, or Indian tribe that has entered into an agreement
35pursuant to Section 10553.1, after the parents or guardians have
36requested the assistance of the county welfare department and have
37signed a voluntary placement agreement; or (2) the county welfare
38department licensed public or private adoption agency, or the
39department acting as an adoption agency, after the parents have
40requested the assistance of either the county welfare department,
P20   1the licensed public or private adoption agency, or the department
2acting as an adoption agency for the purpose of adoption planning,
3and have signed a voluntary placement agreement.

4(p) “Voluntary placement agreement” means a written agreement
5between either the county welfare department, probation
6department, or Indian tribe that has entered into an agreement
7pursuant to Section 10553.1, licensed public or private adoption
8agency, or the department acting as an adoption agency, and the
9parents or guardians of a child that specifies, at a minimum, the
10following:

11(1) The legal status of the child.

12(2) The rights and obligations of the parents or guardians, the
13child, and the agency in which the child is placed.

14(q) “Original placement date” means the most recent date on
15which the court detained a child and ordered an agency to be
16responsible for supervising the child or the date on which an agency
17assumed responsibility for a child due to termination of parental
18rights, relinquishment, or voluntary placement.

19(r) (1) “Transitional housing placement provider” means an
20organization licensed by the State Department of Social Services
21pursuant to Section 1559.110 of the Health and Safety Code, to
22provide transitional housing to foster children at least 16 years of
23age and not more than 18 years of age, and nonminor dependents,
24as defined in subdivision (v). A transitional housing placement
25provider shall be privately operated and organized on a nonprofit
26basis.

27(2) Prior to licensure, a provider shall obtain certification from
28the applicable county, in accordance with Section 16522.1.

29(s) “Transitional Housing Program-Plus” means a provider
30certified by the applicable county, in accordance with subdivision
31(c) of Section 16522, to provide transitional housing services to
32former foster youth who have exited the foster care system on or
33after their 18th birthday.

34(t) “Whole family foster home” means a new or existing family
35home, approved relative caregiver or nonrelative extended family
36member’s home, the home of a nonrelated legal guardian whose
37guardianship was established pursuant to Section 360 or 366.26,
38certified family home, or a host family home placement of a
39transitional housing placement provider, that provides foster care
40for a minor or nonminor dependent parent and his or her child,
P21   1and is specifically recruited and trained to assist the minor or
2nonminor dependent parent in developing the skills necessary to
3provide a safe, stable, and permanent home for his or her child.
4The child of the minor or nonminor dependent parent need not be
5the subject of a petition filed pursuant to Section 300 to qualify
6for placement in a whole family foster home.

7(u) “Mutual agreement” means any of the following:

8(1) A written voluntary agreement of consent for continued
9placement and care in a supervised setting between a minor or, on
10and after January 1, 2012, a nonminor dependent, and the county
11welfare services or probation department or tribal agency
12responsible for the foster care placement, that documents the
13nonminor’s continued willingness to remain in supervised
14out-of-home placement under the placement and care of the
15responsible county, tribe, consortium of tribes, or tribal
16organization that has entered into an agreement with the state
17pursuant to Section 10553.1, remain under the jurisdiction of the
18juvenile court as a nonminor dependent, and report any change of
19circumstances relevant to continued eligibility for foster care
20payments, and that documents the nonminor’s and social worker’s
21or probation officer’s agreement to work together to facilitate
22implementation of the mutually developed supervised placement
23agreement and transitional independent living case plan.

24(2) An agreement, as described in paragraph (1), between a
25nonminor former dependent or ward in receipt of Kin-GAP
26payments under Article 4.5 (commencing with Section 11360) or
27Article 4.7 (commencing with Section 11385), and the agency
28responsible for the Kin-GAP benefits, provided that the nonminor
29former dependent or ward satisfies the conditions described in
30Section 11403.01, or one or more of the conditions described in
31paragraphs (1) to (5), inclusive, of subdivision (b) of Section
3211403. For purposes of this paragraph and paragraph (3),
33“nonminor former dependent or ward” has the same meaning as
34described in subdivision (aa).

35(3) An agreement, as described in paragraph (1), between a
36nonminor former dependent or ward in receipt of AFDC-FC
37payments under subdivision (e) or (f) of Section 11405 and the
38agency responsible for the AFDC-FC benefits, provided that the
39nonminor former dependent or ward described in subdivision (e)
40of Section 11405 satisfies one or more of the conditions described
P22   1in paragraphs (1) to (5), inclusive, of subdivision (b) of Section
211403, and the nonminor described in subdivision (f) of Section
311405 satisfies the secondary school or equivalent training or
4certificate program conditions described in that subdivision.

5(v) “Nonminor dependent”begin delete means, on and after January 1, 2012,end delete
6begin insert meansend insert a foster child, as described in Section 675(8)(B) of Title 42
7of the United States Code under the federal Social Security Act
8who is a current dependent child or ward of the juvenile court, or
9who is a nonminor under the transition jurisdiction of the juvenile
10court, as described in Section 450, and who satisfies all of the
11following criteria:

12(1) He or shebegin delete has attained 18 years of age while under an order
13of foster care placement by the juvenile court, and is not more than
1419 years of age on or after January 1, 2012, not more than 20 years
15of age on or after January 1, 2013, or not more than 21 years of
16age on or after January 1, 2014, and as described in Section
1710103.5.end delete
begin insert was subject to an order for foster care placement
18described in Section 11402 at any time after he or she attained 12
19years of age and who has not attained 21 years of age.end insert

20(2) He or she is in foster care under the placement and care
21responsibility of the county welfare department, county probation
22department, Indian tribe, consortium of tribes, or tribal organization
23that entered into an agreement pursuant to Section 10553.1.

24(3) He or she has a transitional independent living case plan
25pursuant to Section 475(8) of the federal Social Security Act (42
26U.S.C. Sec. 675(8)), as contained in the federal Fostering
27Connections to Success and Increasing Adoptions Act of 2008
28(Public Law 110-351), as described in Section 11403.

29(w) “Supervised independent living placement” means, on and
30after January 1, 2012, an independent supervised setting, as
31specified in a nonminor dependent’s transitional independent living
32case plan, in which the youth is living independently, pursuant to
33Section 472(c)(2) of the Social Security Act (42 U.S.C. Sec.
34672(c)(2)).

35(x) “Supervised independent living setting,” pursuant to Section
36472(c)(2) of the federal Social Security Act (42 U.S.C. Sec.
37672(c)(2)), includes both a supervised independent living
38placement, as defined in subdivision (w), and a residential housing
39unit certified by the transitional housing placement provider
40operating a Transitional Housing Placement-Plus Foster Care
P23   1program, as described in paragraph (2) of subdivision (a) of Section
216522.1.

3(y) “Transitional independent living case plan” means, on or
4after January 1, 2012, a child’s case plan submitted for the last
5review hearing held before he or she reaches 18 years of age or
6the nonminor dependent’s case plan, updated every six months,
7that describes the goals and objectives of how the nonminor will
8make progress in the transition to living independently and assume
9incremental responsibility for adult decisionmaking, the
10collaborative efforts between the nonminor and the social worker,
11probation officer, or Indian tribal placing entity and the supportive
12services as described in the transitional independent living plan
13(TILP) to ensure active and meaningful participation in one or
14more of the eligibility criteria described in paragraphs (1) to (5),
15inclusive, of subdivision (b) of Section 11403, the nonminor’s
16appropriate supervised placement setting, and the nonminor’s
17permanent plan for transition to living independently, which
18includes maintaining or obtaining permanent connections to caring
19and committed adults, as set forth in paragraph (16) of subdivision
20(f) of Section 16501.1.

21(z) “Voluntary reentry agreement” means a written voluntary
22agreement between a former dependent child or ward or a former
23nonminor dependent, who has had juvenile court jurisdiction
24terminated pursuant to Section 391, 452, or 607.2, and the county
25welfare or probation department or tribal placing entity that
26documents the nonminor’s desire and willingness to reenter foster
27care, to be placed in a supervised setting under the placement and
28care responsibility of the placing agency, the nonminor’s desire,
29willingness, and ability to immediately participate in one or more
30of the conditions of paragraphs (1) to (5), inclusive, of subdivision
31(b) of Section 11403, the nonminor’s agreement to work
32collaboratively with the placing agency to develop his or her
33transitional independent living case plan within 60 days of reentry,
34the nonminor’s agreement to report any changes of circumstances
35relevant to continued eligibility for foster care payments, and (1)
36the nonminor’s agreement to participate in the filing of a petition
37for juvenile court jurisdiction as a nonminor dependent pursuant
38to subdivision (e) of Section 388 within 15 judicial days of the
39signing of the agreement and the placing agency’s efforts and
40supportive services to assist the nonminor in the reentry process,
P24   1or (2) if the nonminor meets the definition of a nonminor former
2dependent or ward, as described in subdivision (aa), the nonminor’s
3agreement to return to the care and support of his or her former
4juvenile court-appointed guardian and meet the eligibility criteria
5for AFDC-FC pursuant to subdivision (e) of Section 11405.

6(aa) “Nonminor former dependent or ward” means, on and after
7January 1, 2012, either of the following:

8(1) A nonminor whobegin delete reached 18 years of age while subject to
9an order for foster care placement,end delete
begin insert was subject to an order for
10foster care placement described in Section 11402 at any time after
11he or she attained 12 years of age and who has not attained 21
12years of ageend insert
begin insert,end insert and for whom dependency, delinquency, or transition
13jurisdiction has been terminated, and who is still under the general
14jurisdiction of the court.

15(2) A nonminor who is over 18 years of age and, while a minor,
16was a dependent child or ward of the juvenile court when the
17guardianship was established pursuant to Section 360 or 366.26,
18or subdivision (d), of Section 728 and the juvenile court
19dependency or wardship was dismissed following the establishment
20of the guardianship.

21(ab) “Runaway and homeless youth shelter” means a type of
22group home, as defined in paragraph (14) of subdivision (a) of
23Section 1502 of the Health and Safety Code, that is not an eligible
24placement option under Sections 319, 361.2, 450, and 727, and
25that is not eligible for AFDC-FC funding pursuant to subdivision
26(c) of Section 11402 or Section 11462.

27(ac) “Transition dependent” is a minor between 17 years and
28five months and 18 years of age who is subject to the court’s
29transition jurisdiction under Section 450.

30begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 11401 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
31amended to read:end insert

32

11401.  

Aid in the form of AFDC-FC shall be provided under
33this chapter on behalf of any child under 18 years ofbegin delete age, and, on
34and after January 1, 2012,end delete
begin insert age andend insert to any nonminor dependent
35who meets the conditions of any of the following subdivisions:

36(a) The child has been relinquished, for purposes of adoption,
37to a licensed adoption agency, or the department, or the parental
38rights of either or both of his or her parents have been terminated
39after an action under the Family Code has been brought by a
40licensed adoption agency or the department, provided that the
P25   1licensed adoption agency or the department, if responsible for
2placement and care, provides to those children all services as
3required by the department to children in foster care.

4(b) The child has been removed from the physical custody of
5his or her parent, relative, or guardian as a result of a voluntary
6placement agreement or a judicial determination that continuance
7in the home would be contrary to the child’s welfare and that, if
8the child was placed in foster care, reasonable efforts were made,
9consistent with Chapter 5 (commencing with Section 16500) of
10Part 4, to prevent or eliminate the need for removal of the child
11from his or her home and to make it possible for the child to return
12to his or her home, and any of the following applies:

13(1) The child has been adjudged a dependent child of the court
14on the grounds that he or she is a person described by Section 300.

15(2) The child has been adjudged a ward of the court on the
16grounds that he or she is a person described by Sections 601 and
17begin delete 602, or, on or after January 1, 2012,end deletebegin insert 602 orend insert the nonminor is under
18the transition jurisdiction of the juvenile court pursuant to Section
19450.

20(3) The child has been detained under a court order, pursuant
21to Section 319 or 636, that remains in effect.

22(4) The child’s or nonminor’s dependency jurisdiction, or
23transition jurisdiction pursuant to Section 450, has resumed
24pursuant to Section 387, or subdivision (a) or (e) of Section 388.

25(c) The child has been voluntarily placed by his or her parent
26or guardian pursuant to Section 11401.1.

27(d) The child is living in the home of a nonrelated legal guardian.

28(e) begin deleteOn and after January 1, 2012, the end deletebegin insertThe end insertchild is a nonminor
29dependent who is placed pursuant to a mutual agreement as set
30forth in subdivision (u) of Section 11400, under the placement and
31care responsibility of the county child welfare services department,
32an Indian tribe that entered into an agreement pursuant to Section
3310553.1, or the county probation department, or the child is a
34nonminor dependent reentering foster care placement pursuant to
35a voluntary agreement, as set forth in subdivision (z) of Section
3611400.

37(f) The child has been placed in foster care under the federal
38Indian Child Welfare Act. Sections 11402, 11404, and 11405 shall
39not be construed as limiting payments to Indian children, as defined
P26   1in the federal Indian Child Welfare Act, placed in accordance with
2that act.

3(g) To be eligible for federal financial participation, the
4conditions described in paragraph (1), (2), (3), or (4) shall be
5satisfied:

6(1) (A) The child meets the conditions of subdivision (b).

7(B) The child has been deprived of parental support or care for
8any of the reasons set forth in Section 11250.

9(C) The child has been removed from the home of a relative as
10defined in Section 233.90(c)(1) of Title 45 of the Code of Federal
11Regulations, as amended.

12(D) The requirements of Sections 671 and 672 of Title 42 of
13the United States Code, as amended, have been met.

14(2) (A) The child meets the requirements of subdivision (h).

15(B) The requirements of Sections 671 and 672 of Title 42 of
16the United States Code, as amended, have been met.

17(C) This paragraph shall be implemented only if federal financial
18participation is available for the children described in this
19paragraph.

20(3) (A) The child has been removed from the custody of his or
21her parent, relative, or guardian as a result of a voluntary placement
22agreement or a judicial determination that continuance in the home
23would be contrary to the child’s welfare and that, if the child was
24placed in foster care, reasonable efforts were made, consistent with
25Chapter 5 (commencing with Section 16500) of Part 4, to prevent
26or eliminate the need for removal of the child from his or her home
27and to make it possible for the child to return to his or her home,
28or the child is a nonminor dependent who satisfies the removal
29criteria in Section 472(a)(2)(A)begin delete(i))end deletebegin insert(i)end insert of the federal Social Security
30Act (42 U.S.C. Sec. 672 (a)(2)(A)(i)) and agrees to the placement
31and care responsibility of the placing agency by signing the
32voluntary reentry agreement, as set forth in subdivision (z) of
33Section 11400, and any of the following applies:

34(i) The child has been adjudged a dependent child of the court
35on the grounds that he or she is a person described by Section 300.

36(ii) The child has been adjudged a ward of the court on the
37grounds that he or she is a person described by Sections 601 and
38602begin delete or, on or after January 1, 2012,end deletebegin insert orend insert the nonminor is under the
39transition jurisdiction of the juvenile court, pursuant to Section
40450.

P27   1(iii) The child has been detained under a court order, pursuant
2to Section 319 or 636, that remains in effect.

3(iv) The child’s or nonminor’s dependency jurisdiction, or
4transition jurisdiction pursuant to Section 450, has resumed
5pursuant to Section 387, or subdivision (a) or (e) of Section 388.

6(B) The child has been placed in an eligible foster care
7placement, as set forth in Section 11402.

8(C) The requirements of Sections 671 and 672 of Title 42 of
9the United States Code have been satisfied.

10(D) This paragraph shall be implemented only if federal financial
11participation is available for the children described in this
12paragraph.

13(4) With respect to a nonminor dependent, in addition to meeting
14the conditions specified in paragraph (1), the requirements of
15Section 675(8)(B) of Title 42 of the United States Code have been
16satisfied. With respect to a former nonminor dependent who
17reenters foster care placement by signing the voluntary reentry
18agreement, as set forth in subdivision (z) of Section 11400, the
19requirements for AFDC-FC eligibility of Section 672(a)(3)(A) of
20Title 42 of the United States Code are satisfied based on the
21nonminor’s status as a child-only case, without regard to the
22parents, legal guardians, or others in the assistance unit in the home
23from which the nonminor was originally removed.

24(h) The child meets all of the following conditions:

25(1) The child has been adjudged to be a dependent child or ward
26of the court on the grounds that he or she is a person described in
27 Section 300, 601, or 602.

28(2) The child’s parent also has been adjudged to be a dependent
29child or nonminor dependent of the court on the grounds that he
30or she is a person described by Section 300, 450, 601, or 602 and
31is receiving benefits under this chapter.

32(3) The child is placed in the same licensed or approved foster
33care facility in which his or her parent is placed and the child’s
34parent is receiving reunification services with respect to that child.

35begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 11403 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
36amended to read:end insert

37

11403.  

(a) It is the intent of the Legislature to exercise the
38option afforded states under Section 475(8) (42 U.S.C. Sec.
39675(8)), and Section 473(a)(4) (42 U.S.C. Sec. 673(a)(4)) of the
40federal Social Security Act, as contained in the federal Fostering
P28   1Connections to Success and Increasing Adoptions Act of 2008
2(Public Law 110-351), to receive federal financial participation
3for nonminor dependents of the juvenile court who satisfy the
4conditions of subdivision (b), consistent with their transitional
5independent living case plan.begin delete Effective January 1, 2012, theseend delete
6begin insert Theseend insert nonminor dependents shall be eligible to receive support up
7tobegin delete 19 years of age, effective January 1, 2013, up to 20 years of
8age, and effective January 1, 2014, up toend delete
21 years of age, consistent
9with their transitional independent living case begin delete plan and as described
10in Section 10103.5.end delete
begin insert plan.end insert It is the intent of the Legislature both at
11the time of initial determination of the nonminor dependent’s
12eligibility and throughout the time the nonminor dependent is
13eligible for aid pursuant to this section, that the social worker or
14probation officer or Indian tribal placing entity and the nonminor
15dependent shall work together to ensure the nonminor dependent’s
16ongoing eligibility. All case planning shall be a collaborative effort
17between the nonminor dependent and the social worker, probation
18officer, or Indian tribe, with the nonminor dependent assuming
19increasing levels of responsibility and independence.

20(b) A nonminor dependent receiving aid pursuant to this chapter,
21who satisfies the age criteria set forth in subdivision (a), shall meet
22the legal authority for placement and care by being under a foster
23care placement order by the juvenile court, or the voluntary reentry
24agreement as set forth in subdivision (z) of Section 11400, and is
25otherwise eligible for AFDC-FC payments pursuant to Section
2611401. A nonminor who satisfies the age criteria set forth in
27subdivision (a), and who is otherwise eligible, shall continue to
28receive CalWORKs payments pursuant to Section 11253 or, as a
29nonminor former dependent or ward, aid pursuant to Kin-GAP
30under Article 4.5 (commencing with Section 11360) or Article 4.7
31(commencing with Section 11385) or adoption assistance payments
32as specified in Chapter 2.1 (commencing with Section 16115) of
33Part 4.begin delete Effective January 1, 2012, aend deletebegin insert Aend insert nonminor former dependent
34child or ward of the juvenile court who isbegin delete receivingend deletebegin insert otherwise
35eligible to receiveend insert
AFDC-FC benefits pursuant to Section 11405
36and who satisfies the criteria set forth in subdivision (a) shall
37begin insert continue toend insert be eligiblebegin delete to continueend delete to receive aid as long as the
38nonminor is otherwise eligible for AFDC-FC benefits under this
39subdivision. This subdivision shall apply when one or more of the
40following conditions exist:

P29   1(1) The nonminor is completing secondary education or a
2program leading to an equivalent credential.

3(2) The nonminor is enrolled in an institution which provides
4postsecondary or vocational education.

5(3) The nonminor is participating in a program or activity
6designed to promote, or remove barriers to employment.

7(4) The nonminor is employed for at least 80 hours per month.

8(5) The nonminor is incapable of doing any of the activities
9described in subparagraphs (1) to (4), inclusive, due to a medical
10condition, and that incapability is supported by regularly updated
11information in the case plan of the nonminor. The requirement to
12update the case plan under this section shall not apply to nonminor
13former dependents or wards in receipt of Kin-GAP program or
14Adoption Assistance Program payments.

15(c) The county child welfare or probation department, Indian
16tribe, consortium of tribes, or tribal organization that has entered
17into an agreement pursuant to Section 10553.1, shall work together
18with a nonminor dependent who is in foster care on his or her 18th
19birthday and thereafter or a nonminor former dependent receiving
20aid pursuant to Section 11405, to satisfy one or more of the
21conditions described in paragraphs (1) to (5), inclusive, of
22subdivision (b) and shall certify the nonminor’s applicable
23condition or conditions in the nonminor’s six-month transitional
24independent living case plan update, and provide the certification
25to the eligibility worker and to the court at each six-month case
26plan review hearing for the nonminor dependent. Relative
27guardians who receive Kin-GAP payments and adoptive parents
28who receive adoption assistance payments shall be responsible for
29reporting to the county welfare agency that the nonminor does not
30satisfy at least one of the conditions described in subdivision (b).
31The social worker, probation officer, or tribal entity shall verify
32and obtain assurances that the nonminor dependent continues to
33satisfy at least one of the conditions in paragraphs (1) to (5),
34inclusive, of subdivision (b) at each six-month transitional
35independent living case plan update. The six-month case plan
36update shall certify the nonminor’s eligibility pursuant to
37subdivision (b) for the next six-month period. During the six-month
38certification period, the payee and nonminor shall report any
39change in placement or other relevant changes in circumstances
40that may affect payment. The nonminor dependent, or nonminor
P30   1former dependent receiving aid pursuant to subdivision (e) of
2Section 11405, shall be informed of all due process requirements,
3in accordance with state and federal law, prior to an involuntary
4termination of aid, and shall simultaneously be provided with a
5written explanation of how to exercise his or her due process rights
6and obtain referrals to legal assistance. Any notices of action
7regarding eligibility shall be sent to the nonminor dependent or
8former dependent, his or her counsel, as applicable, and the placing
9worker, in addition to any other payee. Payments of aid pursuant
10to Kin-GAP under Article 4.5 (commencing with Section 11360)
11or Article 4.7 (commencing with Section 11385), adoption
12assistance payments as specified in Chapter 2.1 (commencing with
13Section 16115) of Part 4, or aid pursuant to subdivision (e) of
14Section 11405 that are made on behalf of a nonminor former
15dependent shall terminate subject to the terms of the agreements.
16Subject to federal approval of amendments to the state plan, aid
17payments may be suspended and resumed based on changes of
18circumstances that affect eligibility. Nonminor former dependents,
19as identified in paragraph (2) of subdivision (aa) of Section 11400,
20are not eligible for reentry under subdivision (e) of Section 388 as
21nonminor dependents under the jurisdiction of the juvenile court,
22unless (1) the nonminor former dependent was receiving aid
23pursuant to Kin-GAP under Article 4.5 (commencing with Section
2411360) or Article 4.7 (commencing with Section 11385), or the
25nonminor former dependent was receiving aid pursuant to
26subdivision (e) of Section 11405, or the nonminor was receiving
27adoption assistance payments as specified in Chapter 2.1
28(commencing with Section 16115) of Part 3 and (2) the nonminor’s
29former guardian or adoptive parent dies, or no longer provides
30ongoing supportbegin delete to, and no longer receives benefits on behalf of,end delete
31begin insert toend insert the nonminor after the nonminor turns 18 years of age but before
32the nonminor turns 21 years of age. Nonminor former dependents
33requesting the resumption of AFDC-FC payments pursuant to
34subdivision (e) of Section 11405 shall complete the applicable
35portions of the voluntary reentry agreement, as described in
36subdivision (z) of Section 11400.

37(d) A nonminor dependent may receive all of the payment
38directly provided that the nonminor is living independently in a
39supervised placement, as described in subdivision (w) of Section
4011400, and that both the youth and the agency responsible for the
P31   1foster care placement have signed a mutual agreement, as defined
2in subdivision (u) of Section 11400, if the youth is capable of
3making an informed agreement, that documents the continued need
4for supervised out-of-home placement, and the nonminor’s and
5social worker’s or probation officer’s agreement to work together
6to facilitate implementation of the mutually developed supervised
7placement agreement and transitional independent living case plan.

8(e) Eligibility for aid under this section shall not terminate until
9the nonminor dependent attains the age criteria, as set forth in
10subdivision (a), but aid may be suspended when the nonminor
11dependent no longer resides in an eligible facility, as described in
12Section 11402, or is otherwise not eligible for AFDC-FC benefits
13under Section 11401, or terminated at the request of the nonminor,
14or after a court terminates dependency jurisdiction pursuant to
15Section 391, delinquency jurisdiction pursuant to Section 607.2,
16or transition jurisdiction pursuant to Section 452. AFDC-FC
17benefits to nonminor dependents, may be resumed at the request
18of the nonminor by completing a voluntary reentry agreement
19pursuant to subdivision (z) of Section 11400, before or after the
20filing of a petition filed pursuant to subdivision (e) of Section 388
21after a court terminates dependency or transitional jurisdiction
22pursuant to Section 391, or delinquency jurisdiction pursuant to
23Section 607.2. The county welfare or probation department or
24Indian tribal entity that has entered into an agreement pursuant to
25Section 10553.1 shall complete the voluntary reentry agreement
26with the nonminor who agrees to satisfy the criteria of the
27agreement, as described in subdivision (z) of Section 11400. The
28county welfare department or tribal entity shall establish a new
29child-only Title IV-E eligibility determination based on the
30nonminor’s completion of the voluntary reentry agreement pursuant
31to Section 11401. The beginning date of aid for either federal or
32state AFDC-FC for a reentering nonminor who is placed in foster
33care is the date the voluntary reentry agreement is signed or the
34nonminor is placed, whichever is later. The county welfare
35department, county probation department, or tribal entity shall
36provide a nonminor dependent who wishes to continue receiving
37 aid with the assistance necessary to meet and maintain eligibility.

38(f) (1) The county having jurisdiction of the nonminor
39dependent shall remain the county of payment under this section
40regardless of the youth’s physical residence. Nonminor former
P32   1dependents receiving aid pursuant to subdivision (e) of Section
211405 shall be paid by their county of residence. Counties may
3develop courtesy supervision agreements to provide case
4management and independent living services by the county of
5residence pursuant to the nonminor dependent’s transitional
6independent living case plan. Placements made out of state are
7subject to the applicable requirements of the Interstate Compact
8on Placement of Children, pursuant to Part 5 (commencing with
9Section 7900) of Division 12 of the Family Code.

10(2) The county welfare department, county probation
11department, or tribal entity shall notify all foster youth who attain
1216 years of age and are under the jurisdiction of that county or
13tribe, including those receiving Kin-GAP, and AAP, of the
14existence of the aid prescribed by this section.

15(3) The department shall seek any waiver to amend its Title
16IV-E State Plan with the Secretary of the United States Department
17of Health and Human Services necessary to implement this section.

18(g) (1) Subject to paragraph (3), a county shall pay the
19nonfederal share of the cost of extending aid pursuant to this
20section to eligible nonminor dependents who have reached 18
21years of age and who are under the jurisdiction of the county,
22including AFDC-FC payments pursuant to Section 11401, aid
23pursuant to Kin-GAP under Article 4.7 (commencing with Section
2411385), adoption assistance payments as specified in Chapter 2.1
25(commencing with Section 16115) of Part 4, and aid pursuant to
26Section 11405 for nonminor dependents who are residing in the
27county as provided in paragraph (1) of subdivision (f). A county
28shall contribute to the CalWORKs payments pursuant to Section
2911253 and aid pursuant to Kin-GAP under Article 4.5 (commencing
30with Section 11360) at the statutory sharing ratios in effect on
31January 1, 2012.

32(2) Subject to paragraph (3), a county shall pay the nonfederal
33share of the cost of providing permanent placement services
34pursuant to subdivision (c) of Section 16508 and administering
35the Aid to Families with Dependent Children Foster Care program
36pursuant to Section 15204.9. For purposes of budgeting, the
37department shall use a standard for the permanent placement
38services that is equal to the midpoint between the budgeting
39standards for family maintenance services and family reunification
40services.

P33   1(3) (A) (i) Notwithstanding any other law, a county’s required
2total contribution pursuant to paragraphs (1) andbegin delete (2), excluding
3costs incurred pursuant to Section 10103.5,end delete
begin insert (2)end insert shall not exceed
4the amount of savings in Kin-GAP assistance grant expenditures
5realized by the county from the receipt of federal funds due to the
6implementation of Article 4.7 (commencing with Section 11385),
7and the amount of funding specifically included in the Protective
8Services Subaccount within the Support Services Account within
9the Local Revenue Fund 2011, plus any associated growth funding
10from the Support Services Growth Subaccount within the Sales
11and Use Tax Growth Account to pay the costs of extending aid
12pursuant to this section.

13(ii) A county, at its own discretion, may expend additional funds
14beyond the amounts identified in clause (i). These additional
15amounts shall not be included in any cost and savings calculations
16or comparisons performed pursuant to this section.

17(B) begin deleteBeginning in the 2011-12 fiscal year, and for each fiscal
18year thereafter, funding end delete
begin insertFunding end insertand expenditures for programs
19and activities under this section shall be in accordance with the
20requirements provided in Sections 30025 and 30026.5 of the
21Government Code. In addition, the following are available to the
22counties for the purpose of funding costs pursuant to this section:

23(i) The savings in Kin-GAP assistance grant expenditures
24realized from the receipt of federal funds due to the implementation
25of Article 4.7 (commencing with Section 11385).

26(ii) The savings realized from the change in federal funding for
27adoption assistance resulting from the enactment of Public Law
28110-351 and consistent with subdivision (d) of Section 16118.

29(4) (A) The limit on the county’s total contribution pursuant to
30paragraph (3) shall be assessed by the State Department of Social
31Services, in conjunction with the California State Association of
32Counties, in 2015-16, to determine if it shall be removed. The
33assessment of the need for the limit shall be based on a
34determination on a statewide basis of whether the actual county
35costs of providing extended care pursuant to thisbegin delete section, excluding
36costs incurred pursuant to Section 10103.5,end delete
begin insert sectionend insert are fully funded
37by the amount of savings in Kin-GAP assistance grant expenditures
38realized by the counties from the receipt of federal funds due to
39the implementation of Article 4.7 (commencing with Section
4011385) and the amount of funding specifically included in the
P34   1Protective Services Subaccount within the Support Services
2Account within the Local Revenue Fund 2011 plus any associated
3growth funding from the Support Services Growth Subaccount
4within the Sales and Use Tax Growth Account to pay the costs of
5extending aid pursuant to this section.

6(B) If the assessment pursuant to subparagraph (A) shows that
7the statewide total costs of extending aid pursuant to thisbegin delete section,
8excluding costs incurred pursuant to Section 10103.5,end delete
begin insert sectionend insert are
9fully funded by the amount of savings in Kin-GAP assistance grant
10expenditures realized by the counties from the receipt of federal
11funds due to the implementation of Article 4.7 (commencing with
12Section 11385) and the amount of funding specifically included
13in the Protective Services Subaccount within the Support Services
14Account within the Local Revenue Fund 2011 plus any associated
15growth funding from the Support Services Growth Subaccount
16within the Sales and Use Tax Growth Account to pay the costs of
17extending aid pursuant to this section, the Department of Finance
18shall certify that fact, in writing, and shall post the certification on
19its Internet Web site, at which time subparagraph (A) of paragraph
20(3) shall no longer be implemented.

21(h) It is the intent of the Legislature that no county currently
22participating in the Child Welfare Demonstration Capped
23Allocation Project be adversely impacted by the department’s
24 exercise of its option to extend foster care benefits pursuant to
25Section 673(a)(4) and Section 675(8) of Title 42 of the United
26States Code in the federal Social Security Act, as contained in the
27federal Fostering Connections to Success and Increasing Adoptions
28Act of 2008 (Public Law 110-351). Therefore, the department shall
29negotiate with the United States Department of Health and Human
30Services on behalf of those counties that are currently participating
31in the demonstration project to ensure that those counties receive
32reimbursement for these new programs outside of the provisions
33of those counties’ waiver under Subtitle IV-E (commencing with
34Section 470) of the federal Social Security Act (42 U.S.C. Sec.
35670 et seq.).

36(i) The department, on or before July 1, 2013, shall develop
37regulations to implement this section in consultation with
38concerned stakeholders, including, but not limited to,
39representatives of the Legislature, the County Welfare Directors
40Association, the Chief Probation Officers of California, the Judicial
P35   1Council, representatives of Indian tribes, the California Youth
2Connection, former foster youth, child advocacy organizations,
3labor organizations, juvenile justice advocacy organizations, foster
4caregiver organizations, and researchers. In the development of
5these regulations, the department shall consider its Manual of
6Policy and Procedures, Division 30, Chapter 30-912, 913, 916,
7and 917, as guidelines for developing regulations that are
8appropriate for young adults who can exercise incremental
9responsibility concurrently with their growth and development.
10The department, in its consultation with stakeholders, shall take
11into consideration the impact to the Automated Child Welfare
12Services Case Management Services (CWS-CMS) and required
13modifications needed to accommodate eligibility determination
14under this section, benefit issuance, case management across
15counties, and recognition of the legal status of nonminor
16 dependents as adults, as well as changes to data tracking and
17reporting requirements as required by the Child Welfare System
18Improvement and Accountability Act as specified in Section
1910601.2, and federal outcome measures as required by the federal
20John H. Chafee Foster Care Independence Program (42 U.S.C.
21Sec. 677(f)). In addition, the department, in its consultation with
22stakeholders, shall define the supervised independent living setting
23which shall include, but not be limited to, apartment living, room
24and board arrangements, college or university dormitories, and
25shared roommate settings, and define how those settings meet
26health and safety standards suitable for nonminors. The department,
27in its consultation with stakeholders, shall define the six-month
28certification of the conditions of eligibility pursuant to subdivision
29(b) to be consistent with the flexibility provided by federal policy
30guidance, to ensure that there are ample supports for a nonminor
31to achieve the goals of his or her transition independent living case
32plan. The department, in its consultation with stakeholders, shall
33ensure that notices of action and other forms created to inform the
34nonminor of due process rights and how to access them shall be
35developed, using language consistent with the special needs of the
36nonminor dependent population.

37(j) Notwithstanding the Administrative Procedure Act, Chapter
383.5 (commencing with Section 11340) of Part 1 of Division 3 of
39Title 2 of the Government Code, the department shall prepare for
40implementation of the applicable provisions of this section by
P36   1publishing, after consultation with the stakeholders listed in
2subdivision (i), all-county letters or similar instructions from the
3director by October 1, 2011, to be effective January 1, 2012.
4Emergency regulations to implement the applicable provisions of
5this act may be adopted by the director in accordance with the
6Administrative Procedure Act. The initial adoption of the
7 emergency regulations and one readoption of the emergency
8regulations shall be deemed to be an emergency and necessary for
9the immediate preservation of the public peace, health, safety, or
10general welfare. Initial emergency regulations and the first
11readoption of those emergency regulations shall be exempt from
12review by the Office of Administrative Law. The emergency
13regulations authorized by this section shall be submitted to the
14Office of Administrative Law for filing with the Secretary of State
15and shall remain in effect for no more than 180 days.

16begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 11405 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
17amended to read:end insert

18

11405.  

(a) Except for nonminors described in paragraph (2)
19of subdivision (e), AFDC-FC benefits shall be paid to an otherwise
20eligible child living with a nonrelated legal guardian, provided
21that the legal guardian cooperates with the county welfare
22department in all of the following:

23(1) Developing a written assessment of the child’s needs.

24(2) Updating the assessment no less frequently than once every
25six months.

26(3) Carrying out the case plan developed by the county.

27(b)  Except for nonminors described in paragraph (2) of
28subdivision (e), when AFDC-FC is applied for on behalf of a child
29living with a nonrelated legal guardian the county welfare
30department shall do all of the following:

31(1) Develop a written assessment of the child’s needs.

32(2) Update those assessments no less frequently than once every
33six months.

34(3) Develop a case plan that specifies how the problems
35identified in the assessment are to be addressed.

36(4) Make visits to the child as often as appropriate, but in no
37event less often than once every six months.

38(c) Where the child is a parent and has a child living with him
39or her in the same eligible facility, the assessment required by
P37   1paragraph (1) of subdivision (a) shall include the needs of his or
2her child.

3(d) Nonrelated legal guardians of eligible children who are in
4receipt of AFDC-FC payments described in this section shall be
5exempt from the requirement to register with the Statewide
6Registry of Private Professional Guardians pursuant to Sections
72850 and 2851 of the Probate Code.

8(e) (1) begin deleteOn and after January 1, 2012, a end deletebegin insertA end insertnonminor youth whose
9nonrelated guardianship was ordered in juvenile court pursuant to
10Section 360 or 366.26, and whose dependency was dismissed,
11shall remain eligible for AFDC-FC benefits until the youthbegin delete attains
1219 years of age, effective January 1, 2013, until the youth attains
1320 years of age, and effective January 1, 2014, until the youthend delete

14 attains 21 years of age, provided that the youth enters into a mutual
15agreement with the agency responsible for his or her guardianship,
16and the youth is meeting the conditions of eligibility, as described
17in paragraphs (1) to (5), inclusive, of subdivision (b) of Section
1811403.

19(2) A nonminor former dependent or ward as defined in
20paragraph (2) of subdivision (aa) of Section 11400 shall be eligible
21for benefits under this section until the youth attains 21 years of
22age if all of the following conditions are met:

23(A) The nonminor former dependent or ward attained 18 years
24of age while in receipt of Kin-GAP benefits pursuant to Article
254.7 (commencing with Section 11385).

26(B) The nonminor’s relationship to the kinship guardian is
27defined in paragraph (2), (3), or (4) of subdivision (c) of Section
28 11391.

29(C) The nonminor who was under 16 years of age at the time
30the Kin-GAP negotiated agreement payments commenced.

31(D) The guardian continues to be responsible for the support of
32the nonminor.

33(E) The nonminor otherwise is meeting the conditions of
34eligibility, as described in paragraphs (1) to (5), inclusive, of
35subdivision (b) of Section 11403.

36(f) begin deleteOn or after January 1, 2012, a end deletebegin insertA end insertchild whose nonrelated
37guardianship was ordered in probate court pursuant Article 2
38(commencing with Section 1510) of Chapter 1 of Part 2 of Division
394 of the Probate Code, who is attending high school or the
40equivalent level of vocational or technical training on a full-time
P38   1basis, or who is in the process of pursuing a high school
2equivalency certificate prior to his or her 18th birthday may
3continue to receive aid following his or her 18th birthday as long
4as the child continues to reside in the guardian’s home, remains
5otherwise eligible for AFDC-FC benefits and continues to attend
6high school or the equivalent level of vocational or technical
7training on a full-time basis, or continues to pursue a high school
8equivalency certificate, and the child may reasonably be expected
9to complete the educational or training program or to receive a
10high school equivalency certificate, before his or her 19th birthday.
11Aid shall be provided to an individual pursuant to this section
12provided that both the individual and the agency responsible for
13the foster care placement have signed a mutual agreement, if the
14individual is capable of making an informed agreement,
15documenting the continued need for out-of-home placement.

16(g) (1) For cases in which a guardianship was established on
17or before June 30, 2011, or the date specified in a final order, for
18which the time for appeal has passed, issued by a court of
19competent jurisdiction in California State Foster Parent
20Association, et al. v. William Lightbourne, et al. (U.S. Dist. Ct.
21No. C 07-05086 WHA), whichever is earlier, the AFDC-FC
22payment described in this section shall be the foster family home
23rate structure in effect prior to the effective date specified in the
24order described in this paragraph.

25(2) For cases in which guardianship has been established on or
26after July 1, 2011, or the date specified in the order described in
27paragraph (1), whichever is earlier, the AFDC-FC payments
28described in this section shall be the basic foster family home rate
29set forth in paragraph (1) of subdivision (g) of Section 11461.

30(3) begin deleteBeginning with the 2011-12 fiscal year, the end deletebegin insertThe end insertAFDC-FC
31payments identified in this subdivision shall be adjusted annually
32by the percentage change in the California Necessities Index rate
33as set forth in paragraph (2) of subdivision (g) of Section 11461.

34(h) In addition to the AFDC-FC rate paid, all of the following
35also shall be paid:

36(1) A specialized care increment, if applicable, as set forth in
37subdivision (e) of Section 11461.

38(2) A clothing allowance, as set forth in subdivision (f) of
39Section 11461.

P39   1(3) For a child eligible for an AFDC-FC payment who is a teen
2parent, the rate shall include the two hundred dollar ($200) monthly
3payment made to the relative caregiver in a whole family foster
4home pursuant to paragraph (3) of subdivision (d) of Section
511465.

6begin insert

begin insertSEC. 10.end insert  

end insert
begin insert

If the Commission on State Mandates determines that
7this act contains costs mandated by the state, reimbursement to
8local agencies and school districts for those costs shall be made
9pursuant to Part 7 (commencing with Section 17500) of Division
104 of Title 2 of the Government Code.

end insert
begin delete
11

SECTION 1.  

It is the intent of the Legislature to enact
12legislation that would require that a placement order for a person
13who is in the custody of a juvenile facility remain in place until
14the person attains 18 years of age and is released from custody, in
15order to help ensure that the person may remain eligible for foster
16youth benefits upon his or her release from custody.

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