Amended in Senate March 17, 2015

Amended in Senate February 4, 2015

Senate Bill No. 12

Introduced by Senator Beall

begin insert

(Coauthors: Senators Hertzberg and Wieckowski)

end insert begin insert

(Coauthors: Assembly Members Chu and Maienschein)

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December 1, 2014

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

LEGISLATIVE COUNSEL’S DIGEST

SB 12, as amended, Beall. Foster youth.

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

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

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.

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

This bill would provide that, 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.

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

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

SECTION 1.  

Section 303 of the Welfare and Institutions Code
is amended to read:

303.  

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

(b) The court shall have within its jurisdiction any nonminor
dependent, as defined in subdivision (v) of Section 11400. The
court may terminate its dependency, delinquency, or transition
jurisdiction over the nonminor dependent between the time the
nonminor reaches the age of majority and 21 years of age. If the
court terminates dependency, delinquency, or transition
jurisdiction, the nonminor dependent shall remain under the general
jurisdiction of the court in order to allow for a petition under
subdivision (e) of Section 388.

(c) A nonminor who has not yet attained 21 years of age and
who was previously under the jurisdiction of the juvenile court
subject to an order for foster care placement at any time after
attaining 12 years of age, may petition the court pursuant to
subdivision (e) of Section 388 to resume dependency jurisdiction
over himself or herself or to assume transition jurisdiction over
himself or herself pursuant to Section 450.

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

(2) A nonminor dependent who remains under delinquency
jurisdiction in order to complete his or her rehabilitative goals and
is under a foster care placement order is not required to complete
the mutual agreement as described in subdivision (u) of Section
11400. His or her adult decisionmaking authority may be limited
by and subject to the care, supervision, custody, conduct, and
maintenance orders as described in Section 727.

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

SEC. 2.  

Section 388 of the Welfare and Institutions Code is
amended to read:

388.  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(e) (1) A nonminor who attained 12 years of age while subject
to an order for foster care placement and who has not attained 21
years of age for whom the court has dismissed dependency
jurisdiction pursuant to Section 391, or delinquency jurisdiction
pursuant to Section 607.2, or transition jurisdiction pursuant to
Section 452, but has retained general jurisdiction under subdivision
(b) of Section 303, or the county child welfare services, probation
department, or tribal placing agency on behalf of the nonminor,
may petition the court in the same action in which the child was
found to be a dependent or delinquent child of the juvenile court,
for a hearing to resume the dependency jurisdiction over a former
dependent or to assume or resume transition jurisdiction over a
former delinquent ward pursuant to Section 450. The petition shall
be filed within the period that the nonminor is of the age described
in this paragraph. If the nonminor has completed the voluntary
reentry agreement, as described in subdivision (z) of Section 11400,
with the placing agency, the agency shall file the petition on behalf
of the nonminor within 15 judicial days of the date the agreement
was signed unless the nonminor elects to file the petition at an
earlier date.

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

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

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

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

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

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

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

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

(i) The nonminor was previously under juvenile court
jurisdiction subject to an order for foster care placement at any
time after he or she attained 12 years of age.

(ii) The nonminor has not attained the age begin delete limits end delete begin insert limit end insert described
in paragraph (1).

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

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

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

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

SEC. 3.  

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

388.1.  

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

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

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

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

(4) He or she is a nonminor who received adoption assistance
payments after attaining begin delete 12 end delete begin insert 18 end insert years of age pursuant to Chapter
2.1 (commencing with Section 16115) of Part 4 of Division 9 and
his or her adoptive parent or parents no longer provide ongoing
support to begin insert , and no longer receive aid on behalf of, end insert the nonminor
after the nonminor attained 18 years of age, but before he or she
attains 21 years of age.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 4.  

Section 450 of the Welfare and Institutions Code is
amended to read:

450.  

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

(1) (A) The minor is a ward who is older than 17 years and 5
months of age and younger than 18 years of age and in foster care
placement, or the nonminor is a ward in foster care placement who
was a ward subject to an order for foster care placement at any
time after the youth attained 12 years of age and who has not
attained 21 years of age.

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

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

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

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

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

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

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

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

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

SEC. 5.  

Section 607.2 of the Welfare and Institutions Code is
amended to read:

607.2.  

(a) The court shall hold a hearing prior to terminating
jurisdiction over a ward who satisfies any of the following criteria:

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

(2) Is a nonminor who was subject to an order for foster care
placement described in Section 11402 at any time after he or she
attained 12 years of age and who has not attained 21 years of age.

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

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

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

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

(i) The ward is a minor.

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

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

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

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

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

(5) Continue its delinquency jurisdiction.

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

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

(d) This section does not change the requirements of Section
727.2 or 727.3 with respect to reunification of minors with their
families or the establishment of an alternative permanent plan for
minors for whom reunification is not pursued.

SEC. 6.  

Section 11400 of the Welfare and Institutions Code is
amended to read:

11400.  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The legal status of the child.

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

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

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

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

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

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

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

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

(2) An agreement, as described in paragraph (1), between a
nonminor former dependent or ward in receipt of Kin-GAP
payments under Article 4.5 (commencing with Section 11360) or
Article 4.7 (commencing with Section 11385), and the agency
responsible for the Kin-GAP benefits, provided that the nonminor
former dependent or ward satisfies the conditions described in
Section 11403.01, or one or more of the conditions described in
paragraphs (1) to (5), inclusive, of subdivision (b) of Section
11403. For purposes of this paragraph and paragraph (3),
“nonminor former dependent or ward” has the same meaning as
described in subdivision (aa).

(3) An agreement, as described in paragraph (1), between a
nonminor former dependent or ward in receipt of AFDC-FC
payments under subdivision (e) or (f) of Section 11405 and the
agency responsible for the AFDC-FC benefits, provided that the
nonminor former dependent or ward described in subdivision (e)
of Section 11405 satisfies one or more of the conditions described
in paragraphs (1) to (5), inclusive, of subdivision (b) of Section
11403, and the nonminor described in subdivision (f) of Section
11405 satisfies the secondary school or equivalent training or
certificate program conditions described in that subdivision.

(v) “Nonminor dependent” means a foster child, as described
in Section 675(8)(B) of Title 42 of the United States Code under
the federal Social Security Act 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, as described in Section
450, and who satisfies all of the following criteria:

(1) He or she was subject to an order for foster care placement
described in Section 11402 at any time after he or she attained 12
years of age and who has not attained 21 years of age.

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

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

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

(x) “Supervised independent living setting,” pursuant to Section
472(c)(2) of the federal Social Security Act (42 U.S.C. Sec.
672(c)(2)), includes both a supervised independent living
placement, as defined in subdivision (w), and a residential housing
unit certified by the transitional housing placement provider
operating a Transitional Housing Placement-Plus Foster Care
program, as described in paragraph (2) of subdivision (a) of Section
16522.1.

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

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

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

(1) A nonminor who was subject to an order for foster care
placement described in Section 11402 at any time after he or she
attained 12 years of age and who has not attained 21 years of age,
and for whom dependency, delinquency, or transition jurisdiction
has been terminated, and who is still under the general jurisdiction
of the court.

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

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

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

SEC. 7.  

Section 11401 of the Welfare and Institutions Code is
amended to read:

11401.  

Aid in the form of AFDC-FC shall be provided under
this chapter on behalf of any child under 18 years of age and to
any nonminor dependent who meets the conditions of any of the
following subdivisions:

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

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

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

(2) The child has been adjudged a ward of the court on the
grounds that he or she is a person described by Sections 601 and
602 or the nonminor is under the transition jurisdiction of the
juvenile court pursuant to Section 450.

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

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

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

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

(e) The child is a nonminor dependent who is placed pursuant
to a mutual agreement as set forth in subdivision (u) of Section
11400, under the placement and care responsibility of the county
child welfare services department, an Indian tribe that entered into
an agreement pursuant to Section 10553.1, or the county probation
department, or the child is a nonminor dependent reentering foster
care placement pursuant to a voluntary agreement, as set forth in
subdivision (z) of Section 11400.

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

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

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

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

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

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

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

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

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

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

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

(ii) The child has been adjudged a ward of the court on the
grounds that he or she is a person described by Sections 601 and
602 or the nonminor is under the transition jurisdiction of the
juvenile court, pursuant to Section 450.

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

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

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

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

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

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

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

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

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

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

SEC. 8.  

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

11403.  

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

(b) A nonminor dependent receiving aid pursuant to this chapter,
who satisfies the age criteria set forth in subdivision (a), shall meet
the legal authority for placement and care by being under a foster
care placement order by the juvenile court, or the voluntary reentry
agreement as set forth in subdivision (z) of Section 11400, and is
otherwise eligible for AFDC-FC payments pursuant to Section
11401. A nonminor who satisfies the age criteria set forth in
subdivision (a), and who is otherwise eligible, shall continue to
receive CalWORKs payments pursuant to Section 11253 or, as a
nonminor former dependent or ward, aid pursuant to Kin-GAP
under Article 4.5 (commencing with Section 11360) or Article 4.7
(commencing with Section 11385) or adoption assistance payments
as specified in Chapter 2.1 (commencing with Section 16115) of
Part 4. begin delete A end delete begin insert Effective January 1, 2012, a end insert nonminor former dependent
child or ward of the juvenile court who is begin delete otherwise eligible to
receive end delete begin insert receiving end insert AFDC-FC benefits pursuant to Section 11405
and who satisfies the criteria set forth in subdivision (a) shall
begin delete continue to end delete be eligible begin insert to continue end insert to receive aid as long as the
nonminor is otherwise eligible for AFDC-FC benefits under this
subdivision. This subdivision shall apply when one or more of the
following conditions exist:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(ii) The savings realized from the change in federal funding for
adoption assistance resulting from the enactment of Public Law
110-351 and consistent with subdivision (d) of Section 16118.

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

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

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

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

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

SEC. 9.  

Section 11405 of the Welfare and Institutions Code is
amended to read:

11405.  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 10.  

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