BILL NUMBER: AB 1982	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bass

                        FEBRUARY 9, 2006

   An act to amend Section 11363 of the Welfare and Institutions
Code, relating to public social services, and making an appropriation
therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1982, as introduced, Bass  Kin-Gap.
   Existing federal law provides for allocation of federal funds
through the federal Temporary Assistance for Needy Families (TANF)
block grant program to eligible states. Existing law provides for the
California Work Opportunity and Responsibility to Kids (CalWORKs)
program for the allocation of federal funds received through the TANF
program, under which each county provides cash assistance and other
benefits to qualified low-income families.
   This state, under the CalWORKs program, through the Kinship
Guardianship Assistance Payment Program, provides aid on behalf of
eligible children who are placed in the home of a relative caretaker,
and limits the application of the program to children who have been
adjudged a dependent child of the juvenile court and whose dependency
has been dismissed on or after January 1, 2000, concurrently or
subsequent to the establishment of the kinship guardianship. The
program is funded by state and county funding and available federal
funds.
   Existing law continuously appropriates state funds from the
General Fund for allocation to each county for 50% of the nonfederal
share of the cost of Kin-Gap payments.
   This bill would extend the scope of the Kin-Gap Program to include
certain delinquent children who have been declared a ward of the
juvenile court. By expanding eligibility for aid under the Kin-Gap
Program, this bill would result in an appropriation, and would result
in an increase in the level of county participation and
administration of the Kin-Gap Program, thus constituting a
state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 11363 of the Welfare and Institutions Code is
amended to read:
   11363.  (a) Aid in the form of Kin-GAP shall be provided under
this article on behalf of any child under 18 years of age who meets
all of the following conditions:
   (1) Has been adjudged a dependent child of the juvenile court
pursuant to Section 300  or a ward of the juvenile court pursuant
to Section 601 or 602  .
   (2) Has been living with a relative for at least 12 consecutive
months.
   (3) Has had a kinship guardianship with that relative established
as the result of the implementation of a permanent plan pursuant to
Section 366.26.
   (4) Has had his or her dependency dismissed after January 1, 2000,
pursuant to Section 366.3, concurrently or subsequent to the
establishment of the kinship guardianship.
   (b) Kin-GAP payments shall continue after the child's 18th
birthday if the conditions specified in Section 11403 are met.
   (c) Termination of the guardianship with a kinship guardian shall
terminate eligibility for Kin-GAP; provided, however, that if an
alternate guardian or coguardian is appointed pursuant to Section
366.3 who is also a kinship guardian, the alternate or coguardian
shall be entitled to receive Kin-GAP on behalf of the child pursuant
to this article. A new period of 12 months of placement with the
alternate guardian or coguardian shall not be required if that
alternate guardian or coguardian has been assessed pursuant to
Section 361.3 and the court terminates dependency jurisdiction.
  SEC. 2.  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.