BILL NUMBER: AB 2481 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 5, 2006
INTRODUCED BY Assembly Member Evans
FEBRUARY 23, 2006
An act to amend Section 11461 of, and to add Chapter
1.5 (commencing with Section 16030) to Part 4 of Division 9 of,
and to repeal and add Section 11461 of, the
Welfare and Institutions Code, relating to foster care, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 2481, as amended, Evans Foster care.
Existing law provides for Aid to Families with Dependent Children
Foster Care (AFDC-FC) for children who have been removed from their
homes in certain instances, and establishes the rate of foster care
provider payments with respect to children placed in a licensed or
approved family home with a capacity of 6 or less or in an approved
home of a relative or nonrelative legal guardian. Existing law
provides for the adjustment of those rates at specified times.
Existing law also provides for a clothing allowance in addition to
the basic rate, and provides for the annual adjustment of that
allowance, and specifies that commencing with the 2000-01 fiscal
year, each child shall be entitled to a clothing allowance of $100
per year, subject to the availability of funds.
Existing law requires the schedule of basic AFDC-FC rates to be
adjusted by the percentage changes in the California Necessities
Index, computed pursuant to a specified methodology, and subject to
the availability of funds. In addition, existing law required,
effective January 1, 2000, the basic rate to be increased by 2.36%,
rounded to the nearest dollar.
Existing law requires, except with respect to a specified fiscal
year, that counties that receive state participation for a basic rate
in excess of the existing basic rate schedule shall receive an
annual increase in state participation of one-half of the percentage
changes specified above, rather than the entire amount, until the
difference between the county's adjusted state participation level
and the adjusted schedule of basic rates is eliminated.
This bill notwithstanding existing law, would
increase the per child rates in effect on December 31, 2006, by 5% on
January 1, 2007, and would additionally provide
for an increase in the schedule of basic rates and certain
special payments for the 2007-08, 2008-09, 2009-10, and 2010-11
fiscal years by 5% effective
January 1, 2007, and by the percentage changes in the
California Necessities Index , computed pursuant to
the methodology specified under existing law for the 2007-08,
2008-09, 2009-10, and 2010-11 fiscal years. The bill would require
all counties to receive increased state participation for the basic
rate of the entire percentage adjustment ,
described in the bill , notwithstanding
existing law . By requiring counties to comply with the rate
adjustments, this bill would impose a state-mandated local program.
Existing law continuously appropriates funds for allocation to
each county for the adequate care of children of each child eligible
to receive AFDC-FC foster care. By requiring the adjustment in the
amount of money allocated under the AFDC-FC program, and
increasing the required level of state participation, this bill
would result in an appropriation.
This bill would also require the State Department of Social
Services to administer the Foster and Adoptive Parent
Recruitment and Retention Program, created by this bill, establishes
procedures for counties to elect to participate in the program, and
would make funding of the program subject to appropriation in the
annual Budget Act or another act.
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: yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11461 of the Welfare
and Institutions Code is amended to read:
11461. (a) For children placed in a licensed or approved family
home with a capacity of six or less, or in an approved home of a
relative or nonrelated legal guardian, or the approved home of a
nonrelative extended family member as described in Section 362.7, the
per child per month rates in the following schedule shall be in
effect for the period July 1, 1989, through December 31, 1989:
Age Basic rate
0-4................................ $ 294
5-8................................ 319
9-11............................... 340
12-14............................... 378
15-20............................... 412
(b) (1) Any county that, as of October 1, 1989, has in effect a
basic rate that is at the levels set forth in the schedule in
subdivision (a), shall continue to receive state participation, as
specified in subdivision (c) of Section 15200, at these levels.
(2) Any county that, as of October 1, 1989, has in effect a basic
rate that exceeds a level set forth in the schedule in subdivision
(a), shall continue to receive the same level of state participation
as it received on October 1, 1989.
(c) The amounts in the schedule of basic rates in subdivision (a)
shall be adjusted as follows:
(1) Effective January 1, 1990, the amounts in the schedule of
basic rates in subdivision (a) shall be increased by 12 percent.
(2) Effective May 1, 1990, any county that did not increase the
basic rate by 12 percent on January 1, 1990, shall do both of the
following:
(A) Increase the basic rate in effect December 31, 1989, for which
state participation is received by 12 percent.
(B) Increase the basic rate, as adjusted pursuant to subparagraph
(A) by an additional 5 percent.
(3) (A) Except as provided in subparagraph (B), effective July 1,
1990, for the 1990-91 fiscal year, the amounts in the schedule of
basic rates in subdivision (a) shall be increased by an additional 5
percent.
(B) The rate increase required by subparagraph (A) shall not be
applied to rates increased May 1, 1990, pursuant to paragraph (2).
(4) Effective July 1, 1998, the amounts in the schedule of basic
rates in subdivision (a) shall be increased by 6 percent.
Notwithstanding any other provision of law, the 6-percent increase
provided for in this paragraph shall, retroactive to July 1, 1998,
apply to every county, including any county to which paragraph (2) of
subdivision (b) applies, and shall apply to foster care for every
age group.
(5) Notwithstanding any other provision of law, any increase that
takes effect after July 1, 1998, shall apply to every county,
including any county to which paragraph (2) of subdivision (b)
applies, and shall apply to foster care for every age group.
(6) The increase in the basic foster family home rate shall apply
only to children placed in a licensed foster family home receiving
the basic rate or in an approved home of a relative or nonrelative
extended family member, as described in Section 362.7 or nonrelated
legal guardian receiving the basic rate. The increased rate shall not
be used to compute the monthly amount that may be paid to licensed
foster family agencies for the placement of children in certified
foster homes.
(d) (1) (A) Beginning with the 1991-92 fiscal year, the schedule
of basic rates in subdivision (a) shall be adjusted by the percentage
changes in the California Necessities Index, computed pursuant to
the methodology described in Section 11453, subject to the
availability of funds.
(B) In addition to the adjustment in subparagraph (A) effective
January 1, 2000, the schedule of basic rates in subdivision (a) shall
be increased by 2.36 percent rounded to the nearest dollar.
(C) Notwithstanding any other provision of law, in addition to the
adjustments in subparagraphs (A) and (B), effective January 1, 2007,
the schedule of basic rates in subdivision (a) shall be increased by
5 percent, rounded to the nearest dollar.
(D) Notwithstanding any other provision of law, in the 2007-08,
2008-09, 2009-10, and 2010-11 fiscal years, the schedule of basic
rates in subdivision (a), as adjusted pursuant to subdivisions (b)
and (c), and subparagraphs (A), (B), and (C), shall be adjusted
annually by the percentage changes in the California Necessities
Index, computed pursuant to the methodology described in Section
11453.
(2) (A) Any county that, as of the 1991-92 fiscal year, receives
state participation for a basic rate that exceeds the amount set
forth in the schedule of basic rates in subdivision (a) shall receive
an increase each year in state participation for that basic rate of
one-half of the percentage adjustments specified in paragraph (1)
until the difference between the county's adjusted state
participation level for its basic rate and the adjusted schedule of
basic rates is eliminated.
(B) Notwithstanding subparagraph (A), all counties for the
1999-2000 fiscal year shall receive an increase in state
participation for the basic rate of the entire percentage adjustment
described in paragraph (1).
(C) Notwithstanding subparagraph (A), all counties shall receive
an increase in state participation for the basic rate of the entire
percentage adjustments described in subparagraphs (C) and (D) of
paragraph (1).
(3) If a county has, after receiving the adjustments specified in
paragraph (2), a state participation level for a basic rate that is
below the amount set forth in the adjusted schedule of basic rates
for that fiscal year, the state participation level for that rate
shall be further increased to the amount specified in the adjusted
schedule of basic rates.
(e) (1) As used in this section, "specialized care increment"
means an approved amount paid with state participation on behalf of
an AFDC-FC child requiring specialized care to a home listed in
subdivision (a) in addition to the basic rate. On the effective date
of this section, the department shall continue and maintain the
current ratesetting system for specialized care.
(2) Any county that, as of the effective date of this section, has
in effect specialized care increments that have been approved by the
department, shall continue to receive state participation for those
payments.
(3) Any county that, as of the effective date of this section, has
in effect specialized care increments that exceed the amounts that
have been approved by the department, shall continue to receive the
same level of state participation as it received on the effective
date of this section.
(4) (A) Except for subparagraph (B), beginning January 1, 1990,
specialized care increments shall be adjusted in accordance with the
methodology for the schedule of basic rates described in subdivision
(c) and (d). No county shall receive state participation for any
increases in a specialized care increment which exceeds the
adjustments made in accordance with this methodology.
(B) Notwithstanding subdivision (e) of Section 11460, for the
1993-94 fiscal year, an amount equal to 5 percent of the State
Treasury appropriation for family homes shall be added to the total
augmentation for the AFDC-FC program in order to provide incentives
and assistance to counties in the area of specialized care. This
appropriation shall be used, but not limited to, encouraging counties
to implement or expand specialized care payment systems, to recruit
and train foster parents for the placement of children with
specialized care needs, and to develop county systems to encourage
the placement of children in family homes. It is the intent of the
Legislature that in the use of these funds, federal financial
participation shall be claimed whenever possible.
(f) (1) As used in this section, "clothing allowance" means the
amount paid with state participation in addition to the basic rate
for the provision of additional clothing for an AFDC-FC child,
including, but not limited to, an initial supply of clothing and
school or other uniforms.
(2) Any county that, as of the effective date of this section, has
in effect clothing allowances, shall continue to receive the same
level as it received on the effective date of this section.
(3) Beginning January 1, 1990, except as provided in paragraph
(4), clothing allowances shall be adjusted annually in accordance
with the methodology for the schedule of basic rates described in
subdivision (c) and (d). No county shall be reimbursed for any
increases in clothing allowances which exceed the adjustments made in
accordance with this methodology.
(4) For the 2000-01 fiscal year and each fiscal year thereafter,
without a county share of cost, notwithstanding subdivision (c) of
Section 15200, each child shall be entitled to receive a supplemental
clothing allowance of one hundred dollars ($100) per year subject to
the availability of funds. The clothing allowance shall be used to
supplement, and not supplant, the clothing allowance specified in
paragraph (1).
SECTION 1. Section 11461 of the Welfare and
Institutions Code is repealed.
SEC. 2. Section 11461 is added to the Welfare
and Institutions Code, to read:
11461. (a) For children placed in a licensed or approved family
home with a capacity of six or less or in an approved home of a
relative or nonrelated legal guardian, the per child per month rates
in the following schedule shall be in effect for the period January
1, 2002, to June 30, 2002, inclusive:
Age Basic rate
0-4................................ $ 425
5-8................................ 463
9-11............................... 495
12-14............................... 547
15-20............................... 597
(b) The schedule of basic rates set forth in subdivision (a) in
effect on December 31, 2006 shall be increased by 5 percent on
January 1, 2007.
(c) (1)In the 2007-08, 2008-09, 2009-10, and 2010-11 fiscal
years, the schedule of basic rates in subdivision (a) as adjusted
pursuant to subdivision (b), and other special payments specified in
subdivisions (d) and (e) shall be adjusted annually by the percentage
changes in the California Necessities Index, computed pursuant to
the methodology described in Section 11453.
(d) (1) As used in this section, "specialized care increment"
means an approved amount paid with state participation on behalf of
an AFDC-FC child requiring specialized care to a home listed in
subdivision (a) in addition to the basic rate. On January 1, 2007,
the department shall continue and maintain the then current
ratesetting system for specialized care.
(2) Any county that, as of January 1, 2007, has in effect
specialized care increments that have been approved by the
department, shall continue to receive state participation for those
payments.
(3) Beginning January 1, 2007, specialized care increments shall
be adjusted in accordance with the methodology for the schedule of
basic rates described in subdivision (c). No county shall receive
state participation for any increases in a specialized care increment
that exceeds the adjustments made in accordance with this
methodology.
(e) (1) As used in this section, "clothing allowance" means the
amount paid with state participation in addition to the basic rate
for the provision of additional clothing for an AFDC-FC child,
including, but not limited to, an initial supply of clothing and
school or other uniforms.
(2) Any county that, as of January 1, 2007, has in effect clothing
allowances, shall continue to receive the same level as it received
on December 31, 2006.
(3) Beginning January 1, 2007, clothing allowances shall be
adjusted annually in accordance with the methodology for the schedule
of basic rates described in subdivision (c). No county shall be
reimbursed for any increases in clothing allowances that exceed the
adjustments made in accordance with this methodology.
(f) The adjustment authorized by subdivision (c) shall also be
applied for the adjustment of Adoption Assistance Program payment
levels or a successor payment program from their base levels in
effect on July 1, 2006. Annual adjustments pursuant to subdivision
(c) shall not adversely affect base rate increases in Adoption
Assistance Program payment level rates.
SEC. 3. SEC. 2. Chapter 1.5
(commencing with Section 16030) is added to Part 4 of Division 9 of
the Welfare and Institutions Code, to read:
CHAPTER 1.5. FOSTER AND ADOPTIVE PARENT RECRUITMENT
AND RETENTION PROGRAM
16030. (a) The Legislature finds and declares that there is an
urgent need to recruit and retain licensed foster family homes ,
relative caregivers, and adoptive parents, to provide children
placed in out-of-home placements, in the least restrictive and the
most familylike setting possible.
(b) It is the intent of the Legislature to assist counties in the
recruitment and retention of these placements by creating the Foster
and Adoptive Parent Recruitment and Retention Program.
16031. There is hereby established the Foster and Adoptive
Parent Recruitment and Retention Program.
16032. The State Department of Social Services shall administer,
in consultation with the County Welfare Directors Association, the
Foster and Adoptive Parent Recruitment and Retention
Program.
16033. (a) Recruitment and retention activities allowed under the
program shall include, but not be limited to:
(1) Supplemental payments to foster family homes and relative
caregivers that care for sibling groups.
(2) Respite care.
(3) Advertising and media marketing recruitment campaigns.
(4) First- and third-party liability insurance to cover property
damage.
(5) The use of county-based foster parent and relative
caregiver advocates to support and work on behalf of foster
parents and relative caregivers .
(6) The use of foster parents , relative caregivers, and
adoptive parents as recruiters, and additional support for
those foster parents , relative caregivers, and adoptive parents
.
(7) Additional retention supports, including one-time costs of
purchasing items, including, but not limited to, beds and school
uniforms.
(8) Other locally designed recruitment and retention activities,
as appropriate.
(b) A county that elects to participate in the program shall
submit an annual foster parent , relative caregiver, and
adoptive parent recruitment and retention plan to the State
Department of Social Services. Participating counties shall work
with organizations representing current and former foster youth,
foster family homes , relative caregivers, adoptive parents
, and other interested groups to create the plan.
(c) Participating counties shall submit annually, a
self-assessment of the effectiveness of the local recruitment and
retention activities by increasing the number of foster family ,
relative, and adoptive homes and increasing the retention of
those homes.
(d) Annual funding allocations shall be determined by the
department, in consultation with the County Welfare Directors
Association.
(e) Funding for the Foster and Adoptive Parent
Recruitment and Retention Program is subject to appropriation in the
annual Budget Act or another statute. Funding for the program shall
be provided without a county match requirement and may be used as a
match to draw down federal funding resources, as appropriate.
SEC. 4. SEC. 3. 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.