BILL NUMBER: AB 1982 AMENDED BILL TEXT AMENDED IN SENATE AUGUST 24, 2006 AMENDED IN ASSEMBLY MARCH 23, 2006 INTRODUCED BY Assembly MemberBassCoto ( Principal coauthors: Senators Alarcon and Ortiz ) FEBRUARY 9, 2006An act to amend Section 11363 of the Welfare and Institutions Code, relating to public social services, and making an appropriation therefor.An act to add Part 5.8 (commencing with Section 17850) to Division 9 of the Welfare and Institutions Code, relating to public benefits. LEGISLATIVE COUNSEL'S DIGEST AB 1982, as amended,BassCotoKin-Gap.Public benefits. Federal law, Section 411 of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), provides that certain persons are not eligible for defined state and local public benefits unless a state law is enacted subsequent to the effective date of the act, August 22, 1996, that affirmatively provides for that eligibility. Existing law establishes programs to provide aid or health care, or a combination thereof, to persons who meet eligibility requirements. Existing law requires each county or city and county to provide aid to its indigent population not supported by other means, and those county programs are commonly referred to as general assistance programs. This bill would declare the intent of the Legislature to affirm the ability of counties, cities, and hospital districts, at their own discretion, to provide health care and other services to all residents. The bill would authorize any city, county, city and county, or hospital district to provide aid, including health care, to persons who, but for the provision of the federal PRWORA referred to above, would meet the eligibility requirements for any program of that entity.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:2/3majority . Appropriation:yesno . Fiscal committee:yesno . State-mandated local program:yesno . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Part 5.8 (commencing with Section 17850) is added to Division 9 of the Welfare and Institutions Code , to read: PART 5.8. PUBLIC BENEFITS 17850. It is the intent of the Legislature in enacting this part to affirm the ability of counties, cities, and hospital districts to provide health care and other services to all residents, if any of these entities has decided to do so at its own discretion. 17851. A city, county, city and county, or hospital district may, at its discretion, provide aid, including health care, to persons who, but for Section 411 of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193; 8 U.S.C. Sec. 1621), would meet eligibility requirements for any program of that entity.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 or Section 728. (4) Has had his or her dependency dismissed after January 1, 2000, pursuant to Section 366.3, or his or her wardship terminated pursuant to subdivision (e) of Section 728, 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.