BILL ANALYSIS Ó
SENATE COMMITTEE ON HUMAN SERVICES
Senator McGuire, Chair
2015 - 2016 Regular
Bill No: SB 12
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|Author: |Beall |
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|Version: |March 17, 2015 |Hearing |March 24, 2015 |
| | |Date: | |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Sara Rogers |
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Subject: Foster youth
SUMMARY
Permits a nonminor who is between the age of 18 and 21, and who
was subject to an order for foster care placement, as either a
dependent or a ward, at any time after attaining 12 years of age
to petition the court to reenter extended foster care.
ABSTRACT
Existing law:
1)Establishes the California Fostering Connections to Success
Act (AB 12, Beall and Bass, Chapter 559 Statutes of 2010),
which corresponds with the federal Fostering Connections to
Success Act that provides an option for states to receive
federal financial participation for federally-eligible
nonminor dependents or former dependents of the juvenile court
who are between the ages of 18 and 21, and who satisfy certain
conditions. (WIC 11403)
2)Establishes multiple programs of support for dependent or
former dependent children and the families that care for them.
Each of the federally reimbursed programs has a corollary
state-only funded program for children who are not eligible
under Aid to Families with Dependent Children (AFDC) income
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eligibility criteria from 1996. These programs include:
Aid to Families with Dependent Children-Foster Care
(AFDC-FC); (WIC 11401)
Kinship Guardianship Assistance Payment Program
(Kin-GAP); (WIC 11360; WIC 11385)
Adoption Assistance Program (AAP); (WIC 16115)
Non Relative Legal Guardianship (NRLG); (WIC 11405)
CalWORKs (for non-Title IV-E eligible children in
foster care residing with relatives). (WIC 11250)
1)Provides for the voluntary continuation or re-entry into
extended foster care for eligible nonminor dependents and
former dependents when the nonminor youth has signed a
voluntary mutual agreement and meets one or more of the
following requirements:
The nonminor is completing a high school education
or a program leading to an equivalent credential;
The nonminor is enrolled in a postsecondary or
vocational education program;
The nonminor is participating in a program or
activity designed to promote, or remove barriers to,
employment;
The nonminor is employed at least 80 hours per
month;
The nonminor is incapable of doing any of these
activities due to a medical condition and the incapacity
is supported by regularly updated information in the case
plan of the nonminor dependent. (WIC 11403 (b) and WIC
388.1)
1)Permits a nonminor former dependent or delinquent who turned
18 years of age while under the order of a foster care
placement and who is under the age of 21 to petition the court
which found the nonminor to be a dependent or delinquent child
to resume dependency jurisdiction. (WIC 388)
2)Establishes that a youth who reaches adulthood while receiving
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federal or state Kin-GAP or AAP is only eligible for extended
foster care if he or she entered the program after reaching
age 16, or at any age, if the child has a qualifying mental or
physical disability. (WIC 11362; WIC11386; WIC 11403.01)
This bill:
1)Permits a nonminor who is between the age of 18 and 21, and
who was subject to an order for foster care placement, as
either a dependent or a ward, at any time after attaining 12
years of age to petition the court to resume jurisdiction and
enter extended foster care.
2)Makes additional non-substantive technical amendments.
FISCAL IMPACT
This bill has not been analyzed by a fiscal committee.
BACKGROUND AND DISCUSSION
Purpose of the bill:
According to the author, youth who are forced to leave the
foster care system at age 18 face significant challenges
including high rates of homelessness, incarceration, reliance on
public assistance, teen pregnancy, and low rates of high school
and postsecondary graduation. The author states that to address
the needs of these children, California passed AB 12 (Beall and
Bass, Chapter 559, Statutes of 2010) the California Fostering
Connections to Success Act, which provided foster youth with the
opportunity to remain in foster care for up to three additional
years in order to prepare for transition to adult life.
However, the author states that several small but vulnerable
populations of former foster youth are currently excluded from
extended foster care. Specifically, the author states that under
current law, former foster youth whose caretaker relationship
failed soon after the youth reached the age of 18 are excluded
from reentering into extended foster care, as are youth who have
crossed over from the dependency system to the delinquency
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system as teens and were either temporarily in a secure juvenile
facility at age 18 or were returned to the home of a relative.
Juvenile Court
The Juvenile Court of a county consists of multiple types of
proceedings including dependency and delinquency proceedings
which make determinations regarding the safety, wellbeing and
placement of children found to be under court jurisdiction.
Juvenile Dependency proceedings, governed by Welfare and
Institutions Code (WIC) Section 300, relate to the protection of
children who have been, or are at risk of being, abused,
neglected, or abandoned by parents or family members. This
section of law guides court determinations about the unfitness
of the parent or home and whether a minor has suffered, or is at
risk of suffering, harm. It permits the court to adjudge a child
to be a dependent child of the court, thus enabling a court to
take certain actions to protect the child.
Juvenile Delinquency proceedings, governed by WIC 602, involve
children under the age of 18 alleged to have committed a
delinquent act which would be a crime if committed by an adult
including robbery, murder, drug offenses and prostitution. Under
WIC 602, the court may find a minor to be a ward of the court
and place a child under the responsibility of the county
probation department. WIC 725 and WIC 790 permit the court to
place a delinquent youth on probationary status, and to make a
determination of the suitability of a prospective placement - if
the home is not deemed a suitable placement, the court may place
the youth in the home of someone who is not the parent or legal
guardian, in a residential facility such as a group home, or in
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a therapeutic facility.
A handful of counties have established "dual jurisdiction"
proceedings, which permit a youth to maintain both dependency
and delinquency status simultaneously, however in most counties,
the establishment of delinquency status requires the termination
of dependency status. However, existing law under WIC 241.1,
requires counties to develop joint written protocols between the
two systems to determine which status will serve the best
interests of the minor and the protection of society. The
recommendations of both departments are presented to the
Juvenile Court with the petition that is filed on behalf of the
minor, and the court determines which status is appropriate for
the minor. Implementation of WIC 241.1 has been inconsistent
throughout the state, and has not resolved the difficulties that
"cross over" youth face.
Cross-Over Youth
Supporters of this legislation include legal aide organizations
that serve the needs of transition-aged youth who often face
homelessness and other challenges. These supporters state that
many of the youth they serve "crossed over" from the dependency
system into the delinquency system, often for small offenses,
and were never returned to dependency status, nor were safely
reunited with a parent or legal guardian. Instead, these youth
are often placed with a relative, another caregiver, or --
unsafely -- with a parent who had previously lost custody of the
child. These placements leave the youth and caregivers without
the numerous services and supports that would have been provided
had the youth resumed dependency jurisdiction, or been placed
into an approved foster care placement by the probation officer.
It also and prevents the youth from petitioning the court later
to enter extended foster care.
According to the Youth Law Center, a sponsor of this bill, in
most counties, there is no system to formally or informally
identify a youth in the delinquency system as having come from
dependency, and the court often lacks information about the
original circumstances warranting the child's initial removal
from home.
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Youth Law Center additionally cites a study of child welfare and
probation supervised youth that existed Los Angeles County's
juvenile court system which found that youth that crossed over
from dependency to delinquency experienced negative outcomes at
twice the rate of youth coming into contact with only child
welfare or probation. YLC states that the study reveals that
crossover youth are twice as likely to be heavy users of public
systems, three times as likely to experience a jail stay, one
and a half times more likely to receive General Relief, and 50
percent less likely to be consistently employed than other
groups of former foster youth.
Additionally, in many cases, supporters state that placing a
child in an informal custodial relationship may leave the child
vulnerable to losing the ongoing support of the custodial
caregiver, and becoming homeless, dropping out of school, etc.
Although probation departments are able to approve a relative's
home as a foster home, thus entitling the youth and the family
to Title 4-E foster care services, including AB 12 benefits, in
many cases the child is placed with the relative informally.
Existing law, under WIC 1700, stresses the intended
rehabilitative (as opposed to retributive) purpose of the
state's juvenile justice system in ensuring the protection of
society from criminal activity of juveniles, however a juvenile
hall is generally analogous to county jails and advocates
maintain that rehabilitative treatments and educational
opportunities are highly variable across county jurisdictions.
Unlike the CWS, which is county-run but governed by an extensive
state and federal regulatory and quality assurance structure
under the Department of Social Services and the federal
Administration for Children and Families, county probation
systems have no analogous statewide oversight and quality
assurance mechanism for the programmatic components of the
system. The Corrections Standards Authority (CSA) enforces
minimum regulatory standards for both adult and juvenile
detention facilities pursuant to the California Code of
Regulations, Title 15, however, the programmatic elements of
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probation departments are highly varied in scope and quality.
Prior legislation:
AB 12 (Beall and Bass, Chapter 559, Statutes of 2010)
established the California Fostering Connections to Success Act,
which extended transitional foster care services to eligible
youth between ages 18 and 21 and required California to seek
federal financial participation for the Kinship Guardianship
Assistance Program (Kin-GAP).
AB 212 (Beall, Chapter 459, Statutes of 2011) made technical and
clarifying changes to the California Fostering Connections to
Success Act (AB 12).
AB 1712 (Beall, Chapter 846, Statutes of 2012) expanded the
definition of relative caregiver to include nonrelative extended
family members and tribal members and made other technical and
clarifying changes to the California Fostering Connections to
Success Act (AB 12).
AB 787 (Stone, Chapter 487, Statutes of 2013) among other
provisions, allows re-entry into nonminor dependency for
nonminor former dependents who reached permanency and whose
guardian died before their 21st birthday.
AB 985 (Cooley, 2013) would have expanded eligibility for
extended state Kin-GAP benefits to age 21 to youth who attain 18
years of age while receiving federal or state KinGAP benefits
and who entered the program prior to reaching the age of 16,
subject to specified criteria. This bill was held on suspense in
Senate Appropriations Committee.
AB 2454 (Quirk-Silva, Chapter 769, Statutes of 2014) permitted a
nonminor former dependent who previously received extended
Kinship Guardianship Assistance Payment (Kin-GAP) or Adoption
Assistance Payment (AAP), but whose former guardians are no
longer providing support to the nonminor, to petition the court
to resume dependency under the extended foster care program.
COMMENTS
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The bill, as drafted, would provide any youth who had ever been
subject to a foster care placement order, whether as a dependent
or delinquent, at any time after the age of 12, to petition to
re-enter foster care, regardless of the circumstances of the
youth and their involvement in either system.
In 2014, CDSS reports there were 4,100 probation-supervised
foster youth, with more than 2,600 between the ages of 11-17. In
addition, there are nearly 20,000 child welfare supervised
foster youth between the ages of 11-17. Senate Appropriations
has estimated the state cost to providing extended foster care
benefits to a nonminor dependent to be in the range of $78,000
to $103,000 (General Fund) per year for each nonminor.
Staff recommends the bill be narrowed in accordance with the
attached mock up to more precisely capture the population of
cross-over youth that the author intended to address -
specifically, delinquent youth who have been subject to an order
for foster care placement and were never safely reunited with a
parent or legal guardian, either because the youth happened to
have been placed in a locked facility on their 18th birthday, or
because the youth was informally placed in the home of a
relative, both circumstances having the effect of depriving
youth access to numerous foster care services and supports,
including AB 12, that are essential to their successful
transition to adulthood.
POSITIONS
Support:
Youth Law Center (Sponsor)
Advokids
Alliance for Children's Rights
California Coalition for Youth
California Youth Connection
Children Now
Children's Defense Fund
Children's Rights Project at Public Counsel
Court Appointed Special Advocates for Children of Santa
Cruz County
Court Appointed Special Advocates for Children of Ventura
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County
East Bay Children's Law Offices
East Bay Community Law Center
First Place for Youth
Frontier High School in the Whittier Union School District
National Foster Youth Institute
Legal Services for Children
Oppose:
Chief Probation Officers of California
-- END -
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Amendments Mock-up for 2015-2016 SB-12 (Beall (S))
*********Amendments are in BOLD*********
Mock-up based on Version Number 97 - Amended Senate 3/17/15
Submitted by: Staff Name, Office Name
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
meets any of the following conditions may petition the court
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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:
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,
(1) Exited foster care at or after the age of majority.
(2) Was subject to an order for foster care placement any time
after reaching the age of 14, and was adjudged a ward pursuant
to Section 725, and the last custody order of the court did not
return the child to the physical custody of his or her parent or
legal guardian.
(3) Was subject to an order for foster care placement, and was
adjudged a ward pursuant to Section 725, and was a ward at 18
years, and was in secure confinement .
(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
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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,
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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
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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.
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(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 meets one of the following conditions 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.
(i) who The nonminor attained 18 years of age while subject to
an order for foster care placement and has not reached the age
of 21 years for whom the court has dismissed dependency
jurisdiction pursuant to Section 391, or delinquency
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jurisdiction pursuant to Section 607.2, or transition
jurisdiction pursuant to Section 452, but has retained general
jurisdiction under subdivision (b) of Section 303. 12 years of
age while subject to an order for foster care placement and who
has not attained 21 years of age
(ii) The nonminor has not reached the age of 21 years, was
subject to an order for foster care placement any time after
reaching the age of 14, and was adjudged a ward pursuant to
Section 725, and the last custody order of the court did not
return the child to the physical custody of his or her parent or
legal guardian, or;
(iii) The nonminor has not reached the age of 21 years, was
subject to an order for foster care placement, and was adjudged
a ward pursuant to Section 725, and was a ward at 18 years, and
was in secure confinement.
(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,
has not reached the age of 21 years, and meets one of the
following conditions:
Was subject to an order for foster care
placement when he or she attained 18 years of age,
Was subject to an order for foster care
placement at any time after reaching the age of 14,
and was adjudged a ward pursuant to Section 725, and
the last custody order of the court did not return the
child to the physical custody of his or her parent or
legal guardian.
Was subject to an order for foster care
placement, and was adjudged a ward pursuant to Section
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725, and was a ward at 18 years, and was in secure
confinement.
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
limit 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
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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 meets one of the following conditions:
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 when he or she attained 18 years of age
or;
Was subject to an order for foster care
placement any time after reaching the age of 14, and
was adjudged a ward pursuant to Section 725, and the
last custody order of the court did not return the
child to the physical custody of his or her parent or
legal guardian or;
Was subject to an order for foster care
placement, and was adjudged a ward pursuant to Section
725, and was a ward at 18 years, and was in secure
confinement.
(ii) The nonminor has not attained the age limit 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
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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 18 years of age under Kin-GAP pursuant to Article 4.5
(commencing with Section 11360) or Article 4.7 (commencing with
Section 11385) of Chapter 2 of Part 3 of Division 9, or pursuant
to subdivision (e) of Section 11405, and whose former guardian
or guardians died after the nonminor attained 18 years of age,
but before he or she attains 21 years of age.
(2) He or she is a nonminor former dependent, as defined in
subdivision (aa) of Section 11400, who received aid after
attaining 18 years of age under Kin-GAP pursuant to Article 4.5
(commencing with Section 11360) or Article 4.7 (commencing with
Section 11385) of Chapter 2 of Part 3 of Division 9, or pursuant
to subdivision (e) of Section 11405, and whose former guardian
or guardians no longer provide ongoing support to, and no longer
receive aid on behalf of, the nonminor after the nonminor
attained 18 years of age, but before he or she attains 21 years
of age.
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(3) He or she is a nonminor who received adoption assistance
payments after attaining 18 years of age pursuant to Chapter 2.1
(commencing with Section 16115) of Part 4 of Division 9 and his
or her adoptive parent or parents died after the nonminor
attained 18 years of age, but before he or she attains 21 years
of age.
(4) He or she is a nonminor who received adoption assistance
payments after attaining 18 years of age pursuant to Chapter 2.1
(commencing with Section 16115) of Part 4 of Division 9 and his
or her adoptive parent or parents no longer provide ongoing
support to, and no longer receive aid on behalf of, 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.
(5) He or she was subject to an order for foster care placement
any time after reaching the age of 14, and was adjudged a ward
pursuant to Section 725, and the last custody order of the court
did not return the child to the physical custody of his or her
parent or legal guardian and he or she has not reached the age
of 21 years.
(6) He or she was subject to an order for foster care placement,
and was adjudged a ward pursuant to Section 725, and was a ward
at 18 years and was in secure confinement, and has not reached
the age of 21 years.
(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
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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,
and no longer receive aid on behalf of, 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
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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, and no longer receive aid on behalf of, 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
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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.
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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) (i) 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 ;
(ii) 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 or;
(iii) The non-minor was subject to an order for foster care
placement any time after reaching the age of 14, and was
adjudged a ward pursuant to Section 725, and the last custody
order of the court did not return the child to the physical
custody of his or her parent or legal guardian and has not
attained the age of 21 years or;
(iv) The non-minor was subject to an order for foster care
placement, and was adjudged a ward pursuant to Section 725, and
was a ward at 18 years, and was in secure confinement and 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 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
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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:
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(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 reached 18 years of age while subject to
an order for 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.
(4) Is a nonminor who was subject to an order for foster care
placement at any time after reaching the age of 14, and was
adjudged a ward pursuant to Section 725, and the last custody
order of the court did not return the child to the physical
custody of his or her parent or legal guardian and has not
reached the age of 21 years.
(5) Is a nonminor who was subject to an order for foster care
placement, and was adjudged a ward pursuant to Section 725, and
was a ward at 18 years, and was in secure confinement, and has
not reached the age of 21 years.
(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:
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(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.
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(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.
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(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
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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
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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
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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
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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 has not attained 21 years of age and meets one
of the following conditions:
(i) Attained 18 years of age while 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 or;
(ii) Was subject to an order for foster care placement any time
after reaching the age of 14, and was adjudged a ward pursuant
to Section 725, and the last custody order of the court did not
return the child to the physical custody of his or her parent or
legal guardian or;
(iii) Was subject to an order for foster care placement, and was
adjudged a ward pursuant to Section 725, and was a ward at 18
years, and was in secure confinement.
(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
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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
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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 any of the following:
(1) A nonminor who attained 18 years of age while 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.
(3) A nonminor who was subject to an order for foster care
placement any time after reaching the age of 14, and was
adjudged a ward pursuant to Section 725, and the last custody
order of the court did not return the child to the physical
custody of his or her parent or legal guardian.
(4) A nonminor who was subject to an order for foster care
placement, and was adjudged a ward pursuant to Section 725, and
was a ward at 18 years, and was in secure confinement, and has
not reached the age of 21 years.
(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
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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.
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(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.
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(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
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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
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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. A Effective January
1, 2012, a nonminor former dependent child or ward of the
juvenile court who is receiving AFDC-FC benefits pursuant to
Section 11405 and who satisfies the criteria set forth in
subdivision (a) shall be eligible to continue 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.
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(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
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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, and no longer receive aid on behalf of, 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
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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
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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
SB 12 (Beall) Page 45
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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
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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
SB 12 (Beall) Page 47
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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
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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.
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(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.
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(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.
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(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.