Bill Text: CA AB1110 | 2011-2012 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Dependent children of the juvenile court: county
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1110 Detail]
Download: California-2011-AB1110-Amended.html
Bill Title: Dependent children of the juvenile court: county
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1110 Detail]
Download: California-2011-AB1110-Amended.html
BILL NUMBER: AB 1110 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 28, 2011
INTRODUCED BY Assembly Member Lara
FEBRUARY 18, 2011
An act to amend Sections 366.1, 366.3, 391, and 13754 of the
Welfare and Institutions Code, relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1110, as amended, Lara. Dependent children of the juvenile
court: county responsibilities: Supplemental Security Income
Eligibility.
Existing law provides for the placement of certain children in
foster care under the custody of the State Department of Social
Services and county welfare departments. Existing law establishes the
Aid to Families with Dependent Children-Foster Care (AFDC-FC)
program, under which counties provide payments to foster care
providers on behalf of qualified children in foster care. The program
is funded by a combination of federal, state, and county funds, with
moneys from the General Fund being continuously appropriated to pay
for the state's share of AFDC-FC costs.
Existing law, the federal Social Security Act, provides for
benefits for eligible beneficiaries, including survivorship and
disability benefits and Supplemental Security Income (SSI) benefits
for, among others, blind and disabled children. The act authorizes a
person or entity to be appointed as a representative payee for a
beneficiary who cannot manage or direct the management of his or her
money. Existing law also provides for the State Supplementary Program
for the Aged, Blind and Disabled under which State Supplemental
Payments (SSP) are made in supplementation of SSI benefits.
Existing law requires a county to apply to become a child's
representative payee for purposes of these federal benefits during
the time the child is placed in foster care, and also requires the
county to provide information to the foster youth regarding certain
federal requirements when a foster youth who is receiving SSI
payments is approaching his or her 18th birthday. Existing law
requires a county to screen each foster youth in foster care who is
at least 16 years and 6 months of age and not older than 17 years and
6 months of age in order to determine whether the youth is eligible
for federal SSI benefits, as specified.
Existing law establishes the jurisdiction of the juvenile court,
which is permitted to adjudge certain children to be dependents of
the court under certain circumstances, and prescribes various
hearings and other procedures for these purposes. Existing law
requires a supplemental report, with specified contents, to be filed
in connection with the periodic review of the status of every
dependent child in foster care, as specified. Under existing law, the
juvenile court, or an appropriate local agency, under certain
circumstances, is required to review the status of a child or, on and
after January 1, 2012, a nonminor dependent who is in a placement
other than the home of a legal guardian and ,
when jurisdiction of the juvenile court has not been
dismissed. Existing law requires the reviewing body to make specified
determinations in connection with this review.
Existing law also prohibits the court from terminating dependency
or delinquency jurisdiction over a nonminor dependent who has reached
18 years of age until a hearing is conducted and the department has
submitted a report verifying that specified information, documents,
and services have been provided to the child.
This bill would require a county to notify the child's counsel of
its intent to apply to be appointed the child's representative payee,
30 days before making that application, and to notify the
counsel and the court within 30 days after the appointment is made by
the federal Social Security Commission, as specified. This
bill would revise the requirements applicable to the juvenile court
reporting, review, and hearing as described above, to additionally
require information to be provided regarding whether a child or
nonminor dependent has been screened for eligibility for federal SSI
benefits at the appropriate age, whether an application for SSI has
been made on behalf of the individual, and the status of any pending
SSI application, as specified. By increasing county duties, this bill
would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 366.1 of the Welfare and Institutions Code is
amended to read:
366.1. Each supplemental report required to be filed pursuant to
Section 366 shall include, but not be limited to, a factual
discussion of each of the following subjects:
(a) Whether the county welfare department social worker has
considered child protective services, as defined in Chapter 5
(commencing with Section 16500) of Part 4 of Division 9, as a
possible solution to the problems at hand, and has offered those
services to qualified parents, if appropriate under the
circumstances.
(b) What plan, if any, for the return and maintenance of the child
in a safe home is recommended to the court by the county welfare
department social worker.
(c) Whether the subject child appears to be a person who is
eligible to be considered for further court action to free the child
from parental custody and control.
(d) What actions, if any, have been taken by the parent to correct
the problems that caused the child to be made a dependent child of
the court.
(e) If the parent or guardian is unwilling or unable to
participate in making an educational decision for his or her child,
or if other circumstances exist that compromise the ability of the
parent or guardian to make educational decisions for the child, the
county welfare department or social worker shall consider whether the
right of the parent or guardian to make educational decisions for
the child should be limited. If the supplemental report makes that
recommendation, the report shall identify whether there is a
responsible adult available to make educational decisions for the
child pursuant to Section 361.
(f) (1) Whether the child has any siblings under the court's
jurisdiction, and, if any siblings exist, all of the following:
(A) The nature of the relationship between the child and his or
her siblings.
(B) The appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002.
(C) If the siblings are not placed together in the same home, why
the siblings are not placed together and what efforts are being made
to place the siblings together, or why those efforts are not
appropriate.
(D) If the siblings are not placed together, the frequency and
nature of the visits between siblings.
(E) The impact of the sibling relationships on the child's
placement and planning for legal permanence.
(2) The factual discussion shall include a discussion of
indicators of the nature of the child's sibling relationships,
including, but not limited to, whether the siblings were raised
together in the same home, whether the siblings have shared
significant common experiences or have existing close and strong
bonds, whether either sibling expresses a desire to visit or live
with his or her sibling, as applicable, and whether ongoing contact
is in the child's best emotional interests.
(g) Whether a child who is 10 years of age or older and who has
been in an out-of-home placement for six months or longer has
relationships with individuals other than the child's siblings that
are important to the child, consistent with the child's best
interests, and actions taken to maintain those relationships. The
social worker shall ask every child who is 10 years of age or older
and who has been in an out-of-home placement for six months or longer
to identify any individuals other than the child's siblings who are
important to the child, consistent with the child's best interest.
The social worker may ask any other child to provide that
information, as appropriate.
(h) The implementation and operation of the amendments to
subdivision (g) enacted at the 2005-06 Regular Session shall be
subject to appropriation through the budget process and by phase, as
provided in Section 366.35.
(i) With respect to each supplemental report that is submitted
after the child turns 16 years and six months of age, all of the
following:
(1) Information regarding whether the child has been screened for
eligibility for federal Supplemental Security Income (SSI) benefits,
pursuant to paragraph (1) of subdivision (a) of Section 13757.
(2) Information regarding whether an application for federal SSI
benefits has been made on behalf of the child, pursuant to paragraph
(2) of subdivision (a) of Section 13757. In the first
supplemental report indicating that an application for federal SSI
benefits has been made on behalf of a child, the supplemental report
shall also set forth who has been identified as the likely
representative payee if the application for federal SSI benefits is
granted.
(3) Information regarding the status of any pending application
for federal SSI benefits, including information regarding
reconsideration and appeal.
(j) Information regarding whether the county has applied to become
the child's representative payee for SSI benefits and whether the
county, or any other individual known to the county, has been
appointed by the federal Social Security Administration to serve as
representative payee for a child who is receiving SSI benefits while
in the county's custody.
SEC. 2. Section 366.3 of the Welfare and Institutions Code, as
amended by Section 22 of Chapter 559 of the Statutes of 2010, is
amended to read:
366.3. (a) If a juvenile court orders a permanent plan of
adoption, tribal customary adoption, or legal guardianship pursuant
to Section 360 or 366.26, the court shall retain jurisdiction over
the child until the child is adopted or the legal guardianship is
established, except as provided for in Section 366.29 or, on and
after January 1, 2012, Section 366.31. The status of the child shall
be reviewed every six months to ensure that the adoption or legal
guardianship is completed as expeditiously as possible. When the
adoption of the child has been granted, or in the case of a tribal
customary adoption, when the tribal customary adoption order has been
afforded full faith and credit and the petition for adoption has
been granted, the court shall terminate its jurisdiction over the
child. Following establishment of a legal guardianship, the court may
continue jurisdiction over the child as a dependent child of the
juvenile court or may terminate its dependency jurisdiction and
retain jurisdiction over the child as a ward of the legal
guardianship, as authorized by Section 366.4. If, however, a relative
of the child is appointed the legal guardian of the child and the
child has been placed with the relative for at least six months, the
court shall, except if the relative guardian objects, or upon a
finding of exceptional circumstances, terminate its dependency
jurisdiction and retain jurisdiction over the child as a ward of the
guardianship, as authorized by Section 366.4. Following a termination
of parental rights, the parent or parents shall not be a party to,
or receive notice of, any subsequent proceedings regarding the child.
(b) If the court has dismissed dependency jurisdiction following
the establishment of a legal guardianship, or no dependency
jurisdiction attached because of the granting of a legal guardianship
pursuant to Section 360, and the legal guardianship is subsequently
revoked or otherwise terminated, the county department of social
services or welfare department shall notify the juvenile court of
this fact. The court may vacate its previous order dismissing
dependency jurisdiction over the child.
Notwithstanding Section 1601 of the Probate Code, the proceedings
to terminate a legal guardianship that has been granted pursuant to
Section 360 or 366.26 shall be held either in the juvenile court that
retains jurisdiction over the guardianship as authorized by Section
366.4 or the juvenile court in the county where the guardian and
child currently reside, based on the best interests of the child,
unless the termination is due to the emancipation or adoption of the
child. The juvenile court having jurisdiction over the guardianship
shall receive notice from the court in which the petition is filed
within five calendar days of the filing. Prior to the hearing on a
petition to terminate legal guardianship pursuant to this
subdivision, the court shall order the county department of social
services or welfare department having jurisdiction or jointly with
the county department where the guardian and child currently reside
to prepare a report, for the court's consideration, that shall
include an evaluation of whether the child could safely remain in, or
be returned to, the legal guardian's home, without terminating the
legal guardianship, if services were provided to the child or legal
guardian. If applicable, the report shall also identify recommended
family maintenance or reunification services to maintain the legal
guardianship and set forth a plan for providing those services. If
the petition to terminate legal guardianship is granted, either
juvenile court may resume dependency jurisdiction over the child, and
may order the county department of social services or welfare
department to develop a new permanent plan, which shall be presented
to the court within 60 days of the termination. If no dependency
jurisdiction has attached, the social worker shall make any
investigation he or she deems necessary to determine whether the
child may be within the jurisdiction of the juvenile court, as
provided in Section 328.
Unless the parental rights of the child's parent or parents have
been terminated, they shall be notified that the legal guardianship
has been revoked or terminated and shall be entitled to participate
in the new permanency planning hearing. The court shall try to place
the child in another permanent placement. At the hearing, the parents
may be considered as custodians but the child shall not be returned
to the parent or parents unless they prove, by a preponderance of the
evidence, that reunification is the best alternative for the child.
The court may, if it is in the best interests of the child, order
that reunification services again be provided to the parent or
parents.
(c) If, following the establishment of a legal guardianship, the
county welfare department becomes aware of changed circumstances that
indicate adoption or, for an Indian child, tribal customary
adoption, may be an appropriate plan for the child, the department
shall so notify the court. The court may vacate its previous order
dismissing dependency jurisdiction over the child and order that a
hearing be held pursuant to Section 366.26 to determine whether
adoption or continued legal guardianship is the most appropriate plan
for the child. The hearing shall be held no later than 120 days from
the date of the order. If the court orders that a hearing shall be
held pursuant to Section 366.26, the court shall direct the agency
supervising the child and the licensed county adoption agency, or the
State Department of Social Services if it is acting as an adoption
agency in counties that are not served by a county adoption agency,
to prepare an assessment under subdivision (b) of Section 366.22.
(d) If the child or, on and after January 1, 2012, nonminor
dependent is in a placement other than the home of a legal guardian
and jurisdiction has not been dismissed, the status of the child
shall be reviewed at least every six months. The review of the status
of a child for whom the court has ordered parental rights terminated
and who has been ordered placed for adoption shall be conducted by
the court. The review of the status of a child or, on and after
January 1, 2012, nonminor dependent for whom the court has not
ordered parental rights terminated and who has not been ordered
placed for adoption may be conducted by the court or an appropriate
local agency. The court shall conduct the review under the following
circumstances:
(1) Upon the request of the child's parents or legal guardians.
(2) Upon the request of the child or, on and after January 1,
2012, nonminor dependent.
(3) It has been 12 months since a hearing held pursuant to Section
366.26 or an order that the child remain in long-term foster care
pursuant to Section 366.21, 366.22, 366.25, 366.26, or subdivision
(h).
(4) It has been 12 months since a review was conducted by the
court.
The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement for the child have been made.
(e) Except as provided in subdivision (g), at the review held
every six months pursuant to subdivision (d), the reviewing body
shall inquire about the progress being made to provide a permanent
home for the child, shall consider the safety of the child, and shall
determine all of the following:
(1) The continuing necessity for, and appropriateness of, the
placement.
(2) Identification of individuals other than the child's siblings
who are important to a child who is 10 years of age or older and has
been in out-of-home placement for six months or longer, and actions
necessary to maintain the child's relationship with those
individuals, provided that those relationships are in the best
interest of the child. The social worker shall ask every child who is
10 years of age or older and who has been in out-of-home placement
for six months or longer to identify individuals other than the child'
s siblings who are important to the child, and may ask any other
child to provide that information, as appropriate. The social worker
shall make efforts to identify other individuals who are important to
the child, consistent with the child's best interests.
(3) The continuing appropriateness and extent of compliance with
the permanent plan for the child, including efforts to maintain
relationships between a child who is 10 years of age or older and who
has been in out-of-home placement for six months or longer and
individuals who are important to the child and efforts to identify a
prospective adoptive parent or legal guardian, including, but not
limited to, child-specific recruitment efforts and listing on an
adoption exchange.
(4) The extent of the agency's compliance with the child welfare
services case plan in making reasonable efforts either to return the
child to the safe home of the parent or to complete whatever steps
are necessary to finalize the permanent placement of the child. If
the reviewing body determines that a second period of reunification
services is in the child's best interests, and that there is a
significant likelihood of the child's return to a safe home due to
changed circumstances of the parent, pursuant to subdivision (f), the
specific reunification services required to effect the child's
return to a safe home shall be described.
(5) Whether there should be any limitation on the right of the
parent or guardian to make educational decisions for the child. That
limitation shall be specifically addressed in the court order and may
not exceed what is necessary to protect the child. If the court
specifically limits the right of the parent or guardian to make
educational decisions for the child, the court shall at the same time
appoint a responsible adult to make educational decisions for the
child pursuant to Section 361.
(6) The adequacy of services provided to the child. The court
shall consider the progress in providing the information and
documents to the child, as described in Section 391. The court shall
also consider the need for, and progress in providing, the assistance
and services described in Section 391.
(7) The extent of progress the parents or legal guardians have
made toward alleviating or mitigating the causes necessitating
placement in foster care.
(8) The likely date by which the child may be returned to, and
safely maintained in, the home, placed for adoption, legal
guardianship, in another planned permanent living arrangement, or,
for an Indian child, in consultation with the child's tribe, placed
for tribal customary adoption.
(9) Whether the child has any siblings under the court's
jurisdiction, and, if any siblings exist, all of the following:
(A) The nature of the relationship between the child and his or
her siblings.
(B) The appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002.
(C) If the siblings are not placed together in the same home, why
the siblings are not placed together and what efforts are being made
to place the siblings together, or why those efforts are not
appropriate.
(D) If the siblings are not placed together, the frequency and
nature of the visits between siblings.
(E) The impact of the sibling relationships on the child's
placement and planning for legal permanence.
The factors the court may consider as indicators of the nature of
the child's sibling relationships include, but are not limited to,
whether the siblings were raised together in the same home, whether
the siblings have shared significant common experiences or have
existing close and strong bonds, whether either sibling expresses a
desire to visit or live with his or her sibling, as applicable, and
whether ongoing contact is in the child's best emotional interests.
(10) For a child who is 16 years of age or older, and, effective
January 1, 2012, for a nonminor dependent, the services needed to
assist the child or nonminor dependent to make the transition from
foster care to independent living.
The reviewing body shall determine whether or not reasonable
efforts to make and finalize a permanent placement for the child have
been made.
Each licensed foster family agency shall submit reports for each
child in its care, custody, and control to the court concerning the
continuing appropriateness and extent of compliance with the child's
permanent plan, the extent of compliance with the case plan, and the
type and adequacy of services provided to the child.
(11) For a child who is 16 years and six months of age or older,
both of the following:
(A) That the youth has been screened for eligibility for federal
Supplemental Security Income (SSI) benefits, pursuant to paragraph
(1) of subdivision (a) of Section 13757. The court shall make any
appropriate orders in order to ensure that all youth between 16 years
and six months and 17 years of age are screened for SSI.
(B) The efforts the child welfare agency has made to submit an
application and pursue eligibility for federal SSI benefits,
including information about who has been designated
as the likely representative payee if and when the application for
SSI benefits is approved, and efforts to pursue reconsideration
and appeals, when appropriate. The court shall make any appropriate
order to ensure that SSI applications are submitted, and when
appropriate, denials of eligibility are appealed.
(f) Unless their parental rights have been permanently terminated,
the parent or parents of the child are entitled to receive notice
of, and participate in, those hearings. It shall be presumed that
continued care is in the best interests of the child, unless the
parent or parents prove, by a preponderance of the evidence, that
further efforts at reunification are the best alternative for the
child. In those cases, the court may order that further reunification
services to return the child to a safe home environment be provided
to the parent or parents up to a period of six months, and family
maintenance services, as needed for an additional six months in order
to return the child to a safe home environment. On and after January
1, 2012, this subdivision shall not apply to the parents of a
nonminor dependent.
(g) At the review conducted by the court and held at least every
six months, regarding a child for whom the court has ordered parental
rights terminated and who has been ordered placed for adoption, or,
for an Indian child for whom parental rights are not being terminated
and a tribal customary adoption is being considered, the county
welfare department shall prepare and present to the court a report
describing the following:
(1) The child's present placement.
(2) The child's current physical, mental, emotional, and
educational status.
(3) If the child has not been placed with a prospective adoptive
parent or guardian, identification of individuals, other than the
child's siblings, who are important to the child and actions
necessary to maintain the child's relationship with those
individuals, provided that those relationships are in the best
interest of the child. The agency shall ask every child who is 10
years of age or older to identify any individuals who are important
to him or her, consistent with the child's best interest, and may ask
any child who is younger than 10 years of age to provide that
information as appropriate. The agency shall make efforts to identify
other individuals who are important to the child.
(4) Whether the child has been placed with a prospective adoptive
parent or parents.
(5) Whether an adoptive placement agreement has been signed and
filed.
(6) If the child has not been placed with a prospective adoptive
parent or parents, the efforts made to identify an appropriate
prospective adoptive parent or legal guardian, including, but not
limited to, child-specific recruitment efforts and listing on an
adoption exchange.
(7) Whether the final adoption order should include provisions for
postadoptive sibling contact pursuant to Section 366.29.
(8) The progress of the search for an adoptive placement if one
has not been identified.
(9) Any impediments to the adoption or the adoptive placement.
(10) The anticipated date by which the child will be adopted or
placed in an adoptive home.
(11) The anticipated date by which an adoptive placement agreement
will be signed.
(12) Recommendations for court orders that will assist in the
placement of the child for adoption or in the finalization of the
adoption.
The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement for the child have been made.
The court shall make appropriate orders to protect the stability
of the child and to facilitate and expedite the permanent placement
and adoption of the child.
(h) At the review held pursuant to subdivision (d) for a child in
long-term foster care, the court shall consider all permanency
planning options for the child including whether the child should be
returned to the home of the parent, placed for adoption, or, for an
Indian child, in consultation with the child's tribe, placed for
tribal customary adoption, or appointed a legal guardian, or, if
compelling reasons exist for finding that none of the foregoing
options are in the best interest of the child, whether the child
should be placed in another planned permanent living arrangement. The
court shall order that a hearing be held pursuant to Section 366.26,
unless it determines by clear and convincing evidence that there is
a compelling reason for determining that a hearing held pursuant to
Section 366.26 is not in the best interest of the child because the
child is being returned to the home of the parent, the child is not a
proper subject for adoption, or no one is willing to accept legal
guardianship. If the licensed county adoption agency, or the
department when it is acting as an adoption agency in counties that
are not served by a county adoption agency, has determined it is
unlikely that the child will be adopted or one of the conditions
described in paragraph (1) of subdivision (c) of Section 366.26
applies, that fact shall constitute a compelling reason for purposes
of this subdivision. Only upon that determination may the court order
that the child remain in long-term foster care, without holding a
hearing pursuant to Section 366.26. On and after January 1, 2012, the
nonminor dependent's legal status as an adult is in and of itself a
compelling reason not to hold a hearing pursuant to Section 366.26.
(i) If, as authorized by subdivision (h), the court orders a
hearing pursuant to Section 366.26, the court shall direct the agency
supervising the child and the licensed county adoption agency, or
the State Department of Social Services when it is acting as an
adoption agency in counties that are not served by a county adoption
agency, to prepare an assessment as provided for in subdivision (i)
of Section 366.21 or subdivision (b) of Section 366.22. A hearing
held pursuant to Section 366.26 shall be held no later than 120 days
from the date of the 12-month review at which it is ordered, and at
that hearing the court shall determine whether adoption, tribal
customary adoption, legal guardianship, or long-term foster care is
the most appropriate plan for the child. 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 that a
nonminor dependent who otherwise is eligible pursuant to Section
11403 remain in a planned, permanent living arrangement.
(j) The implementation and operation of the amendments to
subdivision (e) enacted at the 2005-06 Regular Session shall be
subject to appropriation through the budget process and by phase, as
provided in Section 366.35.
(k) The reviews conducted pursuant to subdivision (a) or (d) may
be conducted earlier than every six months if the court determines
that an earlier review is in the best interests of the child or as
court rules prescribe.
(l) On and after January 1, 2012, at the review hearing that
occurs in the six-month period prior to the minor's attaining 18
years of age, and at every subsequent review hearing for the nonminor
dependent, the report shall describe all of the following:
(1) The minor's or nonminor dependent's plans to remain in foster
care and plans to meet one or more of the criteria as described in
subdivision (b) of Section 11403 to continue to receive AFDC-FC
benefits.
(2) The efforts made and assistance provided to the minor or
nonminor dependent by the social worker or the probation officer so
that the minor or nonminor dependent will be able to meet the
criteria.
(3) Efforts toward completing the items described in paragraph (2)
of subdivision (e) of Section 391.
(m) On and after January 1, 2012, the reviews conducted pursuant
to subdivisions (e) and (h) for any nonminor dependent shall be
conducted in a manner that respects the nonminor's status as a legal
adult, be focused on the goals and services described in the youth's
transitional independent living case plan, including efforts made to
achieve permanence, including maintaining or obtaining permanent
connections with caring and committed adults, and attended as
appropriate by additional participants invited by the nonminor
dependent. The review shall
include all the issues in subdivision (e), except paragraph (5) of
subdivision (e). The county child welfare or probation department, or
Indian tribe that has entered into an agreement pursuant to Section
10553.1 shall prepare and present to the reviewing body a report that
addresses the youth's progress in meeting the goals in the
transitional independent living case plan and propose modifications
as necessary to further those goals. The report shall document that
the nonminor has received all the information and documentation
described in paragraph (2) of subdivision (e) of Section 391. If the
court is considering terminating dependency jurisdiction for a
nonminor dependent it shall first hold a hearing pursuant to Section
391.
(n) On and after January 1, 2012, if a review hearing pursuant to
this section is the last review hearing to be held before the child
attains 18 years of age, the court shall ensure all of the following:
(1) That the child's transitional independent living case plan
includes a plan for the child to satisfy one or more of the criteria
set forth in subdivision (b) of Section 11403, so that the child is
eligible to remain a nonminor dependent.
(2) That the child has been informed of his or her right to seek
termination of dependency jurisdiction pursuant to Section 391, and
understands the potential benefits of continued dependency.
(3) That the child is informed of his or her right to have
dependency reinstated pursuant to subdivision (e) of Section 388, and
understands the potential benefits of continued dependency.
(o) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 3. Section 366.3 of the Welfare and Institutions Code, as
amended by Section 23 of Chapter 559 of the Statutes of 2010, is
amended to read:
366.3. (a) If a juvenile court orders a permanent plan of
adoption or legal guardianship pursuant to Section 360 or 366.26, the
court shall retain jurisdiction over the child until the child is
adopted or the legal guardianship is established, except as provided
for in Section 366.29 or, on and after January 1, 2012, Section
366.31. The status of the child shall be reviewed every six months to
ensure that the adoption or legal guardianship is completed as
expeditiously as possible. When the adoption of the child has been
granted, the court shall terminate its jurisdiction over the child.
Following establishment of a legal guardianship, the court may
continue jurisdiction over the child as a dependent child of the
juvenile court or may terminate its dependency jurisdiction and
retain jurisdiction over the child as a ward of the legal
guardianship, as authorized by Section 366.4. If, however, a relative
of the child is appointed the legal guardian of the child and the
child has been placed with the relative for at least six months, the
court shall, except if the relative guardian objects, or upon a
finding of exceptional circumstances, terminate its dependency
jurisdiction and retain jurisdiction over the child as a ward of the
guardianship, as authorized by Section 366.4. Following a termination
of parental rights, the parent or parents shall not be a party to,
or receive notice of, any subsequent proceedings regarding the child.
(b) If the court has dismissed dependency jurisdiction following
the establishment of a legal guardianship, or no dependency
jurisdiction attached because of the granting of a legal guardianship
pursuant to Section 360, and the legal guardianship is subsequently
revoked or otherwise terminated, the county department of social
services or welfare department shall notify the juvenile court of
this fact. The court may vacate its previous order dismissing
dependency jurisdiction over the child.
Notwithstanding Section 1601 of the Probate Code, the proceedings
to terminate a legal guardianship that has been granted pursuant to
Section 360 or 366.26 shall be held either in the juvenile court that
retains jurisdiction over the guardianship as authorized by Section
366.4 or the juvenile court in the county where the guardian and
child currently reside, based on the best interests of the child,
unless the termination is due to the emancipation or adoption of the
child. The juvenile court having jurisdiction over the guardianship
shall receive notice from the court in which the petition is filed
within five calendar days of the filing. Prior to the hearing on a
petition to terminate legal guardianship pursuant to this
subdivision, the court shall order the county department of social
services or welfare department having jurisdiction or jointly with
the county department where the guardian and child currently reside
to prepare a report, for the court's consideration, that shall
include an evaluation of whether the child could safely remain in, or
be returned to, the legal guardian's home, without terminating the
legal guardianship, if services were provided to the child or legal
guardian. If applicable, the report shall also identify recommended
family maintenance or reunification services to maintain the legal
guardianship and set forth a plan for providing those services. If
the petition to terminate legal guardianship is granted, either
juvenile court may resume dependency jurisdiction over the child, and
may order the county department of social services or welfare
department to develop a new permanent plan, which shall be presented
to the court within 60 days of the termination. If no dependency
jurisdiction has attached, the social worker shall make any
investigation he or she deems necessary to determine whether the
child may be within the jurisdiction of the juvenile court, as
provided in Section 328.
Unless the parental rights of the child's parent or parents have
been terminated, they shall be notified that the legal guardianship
has been revoked or terminated and shall be entitled to participate
in the new permanency planning hearing. The court shall try to place
the child in another permanent placement. At the hearing, the parents
may be considered as custodians but the child shall not be returned
to the parent or parents unless they prove, by a preponderance of the
evidence, that reunification is the best alternative for the child.
The court may, if it is in the best interests of the child, order
that reunification services again be provided to the parent or
parents.
(c) If, following the establishment of a legal guardianship, the
county welfare department becomes aware of changed circumstances that
indicate adoption may be an appropriate plan for the child, the
department shall so notify the court. The court may vacate its
previous order dismissing dependency jurisdiction over the child and
order that a hearing be held pursuant to Section 366.26 to determine
whether adoption or continued legal guardianship is the most
appropriate plan for the child. The hearing shall be held no later
than 120 days from the date of the order. If the court orders that a
hearing shall be held pursuant to Section 366.26, the court shall
direct the agency supervising the child and the licensed county
adoption agency, or the State Department of Social Services if it is
acting as an adoption agency in counties that are not served by a
county adoption agency, to prepare an assessment under subdivision
(b) of Section 366.22.
(d) If the child or, on and after January 1, 2012, nonminor
dependent is in a placement other than the home of a legal guardian
and jurisdiction has not been dismissed, the status of the child
shall be reviewed at least every six months. The review of the status
of a child for whom the court has ordered parental rights terminated
and who has been ordered placed for adoption shall be conducted by
the court. The review of the status of a child or, on and after
January 1, 2012, nonminor dependent for whom the court has not
ordered parental rights terminated and who has not been ordered
placed for adoption may be conducted by the court or an appropriate
local agency. The court shall conduct the review under the following
circumstances:
(1) Upon the request of the child's parents or legal guardians.
(2) Upon the request of the child or, on and after January 1,
2012, nonminor dependent.
(3) It has been 12 months since a hearing held pursuant to Section
366.26 or an order that the child remain in long-term foster care
pursuant to Section 366.21, 366.22, 366.25, 366.26, or subdivision
(h).
(4) It has been 12 months since a review was conducted by the
court.
The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement for the child have been made.
(e) Except as provided in subdivision (g), at the review held
every six months pursuant to subdivision (d), the reviewing body
shall inquire about the progress being made to provide a permanent
home for the child, shall consider the safety of the child, and shall
determine all of the following:
(1) The continuing necessity for, and appropriateness of, the
placement.
(2) Identification of individuals other than the child's siblings
who are important to a child who is 10 years of age or older and has
been in out-of-home placement for six months or longer, and actions
necessary to maintain the child's relationship with those
individuals, provided that those relationships are in the best
interest of the child. The social worker shall ask every child who is
10 years of age or older and who has been in out-of-home placement
for six months or longer to identify individuals other than the child'
s siblings who are important to the child, and may ask any other
child to provide that information, as appropriate. The social worker
shall make efforts to identify other individuals who are important to
the child, consistent with the child's best interests.
(3) The continuing appropriateness and extent of compliance with
the permanent plan for the child, including efforts to maintain
relationships between a child who is 10 years of age or older and who
has been in out-of-home placement for six months or longer and
individuals who are important to the child and efforts to identify a
prospective adoptive parent or legal guardian, including, but not
limited to, child-specific recruitment efforts and listing on an
adoption exchange.
(4) The extent of the agency's compliance with the child welfare
services case plan in making reasonable efforts either to return the
child to the safe home of the parent or to complete whatever steps
are necessary to finalize the permanent placement of the child. If
the reviewing body determines that a second period of reunification
services is in the child's best interests, and that there is a
significant likelihood of the child's return to a safe home due to
changed circumstances of the parent, pursuant to subdivision (f), the
specific reunification services required to effect the child's
return to a safe home shall be described.
(5) Whether there should be any limitation on the right of the
parent or guardian to make educational decisions for the child. That
limitation shall be specifically addressed in the court order and may
not exceed what is necessary to protect the child. If the court
specifically limits the right of the parent or guardian to make
educational decisions for the child, the court shall at the same time
appoint a responsible adult to make educational decisions for the
child pursuant to Section 361.
(6) The adequacy of services provided to the child. The court
shall consider the progress in providing the information and
documents to the child, as described in Section 391. The court shall
also consider the need for, and progress in providing, the assistance
and services described in Section 391.
(7) The extent of progress the parents or legal guardians have
made toward alleviating or mitigating the causes necessitating
placement in foster care.
(8) The likely date by which the child may be returned to, and
safely maintained in, the home, placed for adoption, legal
guardianship, or in another planned permanent living arrangement.
(9) Whether the child has any siblings under the court's
jurisdiction, and, if any siblings exist, all of the following:
(A) The nature of the relationship between the child and his or
her siblings.
(B) The appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002.
(C) If the siblings are not placed together in the same home, why
the siblings are not placed together and what efforts are being made
to place the siblings together, or why those efforts are not
appropriate.
(D) If the siblings are not placed together, the frequency and
nature of the visits between siblings.
(E) The impact of the sibling relationships on the child's
placement and planning for legal permanence.
The factors the court may consider as indicators of the nature of
the child's sibling relationships include, but are not limited to,
whether the siblings were raised together in the same home, whether
the siblings have shared significant common experiences or have
existing close and strong bonds, whether either sibling expresses a
desire to visit or live with his or her sibling, as applicable, and
whether ongoing contact is in the child's best emotional interests.
(10) For a child who is 16 years of age or older, and, effective
January 1, 2012, for a nonminor dependent, the services needed to
assist the child or nonminor dependent to make the transition from
foster care to independent living.
The reviewing body shall determine whether or not reasonable
efforts to make and finalize a permanent placement for the child have
been made.
Each licensed foster family agency shall submit reports for each
child in its care, custody, and control to the court concerning the
continuing appropriateness and extent of compliance with the child's
permanent plan, the extent of compliance with the case plan, and the
type and adequacy of services provided to the child.
(11) For a child who is 16 years and six months of age or older,
both of the following:
(A) That the youth has been screened for eligibility for federal
Supplemental Security Income (SSI) benefits, pursuant to paragraph
(1) of subdivision (a) of Section 13757. The court shall make any
appropriate orders in order to ensure that all youth between 16 years
and six months and 17 years of age are screened for SSI.
(B) The efforts the child welfare agency has made to submit an
application and pursue eligibility for federal SSI benefits,
including information about who has been designated as the
likely representative payee if and when the application for SSI
benefits is approved, and efforts to pursue reconsideration and
appeals, when appropriate. The court shall make any appropriate
order to ensure that SSI applications are submitted, and when
appropriate, denials of eligibility are appealed.
(f) Unless their parental rights have been permanently terminated,
the parent or parents of the child are entitled to receive notice
of, and participate in, those hearings. It shall be presumed that
continued care is in the best interests of the child, unless the
parent or parents prove, by a preponderance of the evidence, that
further efforts at reunification are the best alternative for the
child. In those cases, the court may order that further reunification
services to return the child to a safe home environment be provided
to the parent or parents up to a period of six months, and family
maintenance services, as needed for an additional six months in order
to return the child to a safe home environment.
(g) At the review conducted by the court and held at least every
six months, regarding a child for whom the court has ordered parental
rights terminated and who has been ordered placed for adoption, the
county welfare department shall prepare and present to the court a
report describing the following:
(1) The child's present placement.
(2) The child's current physical, mental, emotional, and
educational status.
(3) If the child has not been placed with a prospective adoptive
parent or guardian, identification of individuals, other than the
child's siblings, who are important to the child and actions
necessary to maintain the child's relationship with those
individuals, provided that those relationships are in the best
interest of the child. The agency shall ask every child who is 10
years of age or older to identify any individuals who are important
to him or her, consistent with the child's best interest, and may ask
any child who is younger than 10 years of age to provide that
information as appropriate. The agency shall make efforts to identify
other individuals who are important to the child.
(4) Whether the child has been placed with a prospective adoptive
parent or parents.
(5) Whether an adoptive placement agreement has been signed and
filed.
(6) If the child has not been placed with a prospective adoptive
parent or parents, the efforts made to identify an appropriate
prospective adoptive parent or legal guardian, including, but not
limited to, child-specific recruitment efforts and listing on an
adoption exchange.
(7) Whether the final adoption order should include provisions for
postadoptive sibling contact pursuant to Section 366.29.
(8) The progress of the search for an adoptive placement if one
has not been identified.
(9) Any impediments to the adoption or the adoptive placement.
(10) The anticipated date by which the child will be adopted or
placed in an adoptive home.
(11) The anticipated date by which an adoptive placement agreement
will be signed.
(12) Recommendations for court orders that will assist in the
placement of the child for adoption or in the finalization of the
adoption.
The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement for the child have been made.
The court shall make appropriate orders to protect the stability
of the child and to facilitate and expedite the permanent placement
and adoption of the child.
(h) At the review held pursuant to subdivision (d) for a child in
long-term foster care, the court shall consider all permanency
planning options for the child including whether the child should be
returned to the home of the parent, placed for adoption, or appointed
a legal guardian, or, if compelling reasons exist for finding that
none of the foregoing options are in the best interest of the child,
whether the child should be placed in another planned permanent
living arrangement. The court shall order that a hearing be held
pursuant to Section 366.26, unless it determines by clear and
convincing evidence that there is a compelling reason for determining
that a hearing held pursuant to Section 366.26 is not in the best
interest of the child because the child is being returned to the home
of the parent, the child is not a proper subject for adoption, or no
one is willing to accept legal guardianship. If the licensed county
adoption agency, or the department when it is acting as an adoption
agency in counties that are not served by a county adoption agency,
has determined it is unlikely that the child will be adopted or one
of the conditions described in paragraph (1) of subdivision (c) of
Section 366.26 applies, that fact shall constitute a compelling
reason for purposes of this subdivision. Only upon that determination
may the court order that the child remain in foster care, without
holding a hearing pursuant to Section 366.26. On and after January 1,
2012, the nonminor dependent's legal status as an adult is in and of
itself a compelling reason not to hold a hearing pursuant to Section
366.26.
(i) If, as authorized by subdivision (h), the court orders a
hearing pursuant to Section 366.26, the court shall direct the agency
supervising the child and the licensed county adoption agency, or
the State Department of Social Services when it is acting as an
adoption agency in counties that are not served by a county adoption
agency, to prepare an assessment as provided for in subdivision (i)
of Section 366.21 or subdivision (b) of Section 366.22. A hearing
held pursuant to Section 366.26 shall be held no later than 120 days
from the date of the 12-month review at which it is ordered, and at
that hearing the court shall determine whether adoption, legal
guardianship, or long-term foster care is the most appropriate plan
for the child. 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 that a nonminor dependent who
otherwise is eligible pursuant to Section 11403 remain in a planned,
permanent living arrangement.
(j) The implementation and operation of the amendments to
subdivision (e) enacted at the 2005-06 Regular Session shall be
subject to appropriation through the budget process and by phase, as
provided in Section 366.35.
(k) The reviews conducted pursuant to subdivision (a) or (d) may
be conducted earlier than every six months if the court determines
that an earlier review is in the best interests of the child or as
court rules prescribe.
(l) On and after October 1, 2012, at the review hearing that
occurs in the six-month period prior to the minor's attaining 18
years of age, and at every subsequent review hearing, the report
shall describe all of the following:
(1) The minor's plans to remain in foster care and plans to meet
one or more of the criteria as described in subdivision (b) of
Section 11403 to continue to receive AFDC-FC benefits.
(2) The efforts made and assistance provided to the minor by the
social worker or the probation officer so that the minor will be able
to meet the criteria.
(3) Efforts toward completing the items described in paragraph (2)
of subdivision (e) of Section 391.
(m) On and after January 1, 2012, the reviews conducted pursuant
to subdivisions (e) and (h) for any nonminor dependent shall be
conducted in a manner that respects the nonminor's status as a legal
adult, be focused on the goals and services described in the youth's
transitional independent living case plan, including efforts made to
maintain connections with caring and permanently committed adults,
and attended as appropriate by additional participants invited by the
nonminor dependent. The review shall include all the issues in
subdivision (e), except paragraph (5) of subdivision (e). The county
child welfare or probation department, or Indian tribe that has
entered into an agreement pursuant to Section 10553.1 shall prepare
and present to the reviewing body a report that addresses the youth's
progress in meeting the goals in the transitional independent living
case plan and propose modifications as necessary to further those
goals. The report shall document that the nonminor has received all
the information and documentation described in paragraph (2) of
subdivision (e) of Section 391. If the court is considering
terminating dependency jurisdiction for a nonminor dependent it shall
first hold a hearing pursuant to Section 391.
(n) On and after January 1, 2012, if a review hearing pursuant to
this section is the last review hearing to be held before the child
attains 18 years of age, the court shall ensure all of the following:
(1) That the child's transitional independent living case plan
includes a plan for the child to satisfy one or more of the criteria
set forth in subdivision (b) of Section 11403, so that the child is
eligible to remain a nonminor dependent.
(2) That the child has been informed of his or her right to seek
termination of dependency jurisdiction pursuant to Section 391, and
understands the potential benefits of continued dependency.
(3) That the child is informed of his or her right to have
dependency reinstated pursuant to subdivision (e) of Section 388, and
understands the potential benefits of continued dependency.
(o) This section shall become operative on January 1, 2014.
SEC. 4. Section 391 of the Welfare and Institutions Code, as added
by Section 28 of Chapter 559 of the Statutes of 2010, is amended to
read:
391. (a) The court shall not terminate jurisdiction over a
dependent youth who has reached 18 years of age unless a hearing is
conducted pursuant to this section.
(b) At any hearing for a dependent youth who has attained 18 years
of age at which the court is considering termination of the
jurisdiction of the juvenile court and the accompanying foster care
services as described in Section 11403, the county welfare department
shall do all of the following:
(1) Ensure that the dependent is present in court, unless the
dependent does not wish to appear in court, or document efforts by
the county welfare department to locate the child when the child is
not available.
(2) Submit a report describing whether it is in the youth's best
interests to remain under the court's dependency jurisdiction, which
includes a recommended transitional independent living case plan for
any youth who is continuing dependency as a nonminor.
(3) If the dependent has indicated that he or she does not want
dependency jurisdiction to continue, the report shall address the
advisability of a court-ordered trial discharge from foster care.
(c) The court shall continue dependency jurisdiction for a
nonminor dependent, as defined in subdivision (v) of Section 11400,
who is eligible pursuant to Section 11403 unless the court finds that
after reasonable and documented efforts the nonminor cannot be
located or does not wish to remain subject to dependency
jurisdiction. In making this finding, the court shall ensure that the
nonminor has been informed of his or her options including the right
to file a petition pursuant to Section 388 to resume dependency
jurisdiction, and had an opportunity to confer with his or her
counsel if counsel has been appointed pursuant to Section 317. The
court shall terminate dependency jurisdiction for a nonminor
dependent if it finds that the nonminor dependent is not eligible
pursuant to subdivision (b) of Section 11403.
(d) If the court terminates dependency jurisdiction, the nonminor
shall remain within the jurisdiction of the court until the nonminor
attains 21 years of age, although no review proceedings shall be
required. As authorized in paragraph (e) of Section 1356.21 of Title
45 of the Code of Federal Regulations, the court shall authorize a
trial period of departure from foster care as defined in subdivision
(y) of Section 11400. In order to ensure eligibility for federal
financial participation, the court shall set the end date of the
trial period of departure from foster care
to be the day prior to the day the nonminor attains
21 years of age, unless to do so is not in the nonminor's best
interests. A nonminor may petition the court pursuant to subdivision
(e) of Section 388 to resume dependency jurisdiction at any time
before attaining 21 years of age.
(e) Unless the nonminor does not wish to remain under the
dependency or delinquency jurisdiction of the court, or, after
reasonable efforts by the county welfare department the nonminor
cannot be located, the court shall not terminate dependency or
delinquency jurisdiction over a nonminor dependent who has reached 18
years of age until a hearing is conducted pursuant to this section
and the department has submitted a report verifying that the
following information, documents, and services have been provided to
the child:
(1) Written information concerning the child's dependency case,
including any known information regarding the child's Indian heritage
or tribal connections, if applicable, his or her family history and
placement history, any photographs of the child or his or her family
in the possession of the county welfare department, other than
forensic photographs, the whereabouts of any siblings under the
jurisdiction of the juvenile court, unless the court determines that
sibling contact would jeopardize the safety or welfare of the
sibling, directions on how to access the documents the child is
entitled to inspect under Section 827, and the date on which the
jurisdiction of the juvenile court would be terminated.
(2) The following documents:
(A) Social security card.
(B) Certified copy of his or her birth certificate.
(C) Health and education summary, as described in subdivision (a)
of Section 16010.
(D) Driver's license, as described in Section 12500 of the Vehicle
Code, or identification card, as described in Section 13000 of the
Vehicle Code.
(E) A letter prepared by the county welfare department that
includes the following information:
(i) The child's name and date of birth.
(ii) The dates during which the child was within the jurisdiction
of the juvenile court.
(iii) A statement that the child was a foster youth in compliance
with state and federal financial aid documentation requirements.
(F) If applicable, the death certificate of the parent or parents.
(G) If applicable, proof of the child's citizenship or legal
residence.
(3) Assistance in completing an application for Medi-Cal or
assistance in obtaining other health insurance.
(4) Referrals to transitional housing, if available, or assistance
in securing other housing.
(5) Assistance in obtaining employment or other financial support.
(6) Assistance in applying for admission to college or to a
vocational training program or other educational institution and in
obtaining financial aid, where appropriate.
(7) Assistance in maintaining relationships with individuals who
are important to a child who has been in out-of-home placement for
six months or longer from the date the child entered foster care,
based on the child's best interests.
(8) For nonminors between 18 and 21 years of age, assistance in
accessing the Independent Living Aftercare Program in the nonminor's
county of residence.
(9) Both of the following:
(A) Verification that the youth was screened for potential
eligibility for the federal Supplemental Security Income (SSI)
program, pursuant to paragraph (2) of subdivision (a) of Section
13757.
(B) Written information regarding the status of the application
for federal SSI benefits, including information about who has
been designated as the likely representative payee if and when the
application for SSI benefits is approved, and information
regarding reconsideration and appeal, when appropriate, for any youth
on whose behalf an application for SSI benefits has been made.
(f) At the hearing closest to and before a dependent child's 18th
birthday and every review hearing thereafter, the department shall
submit a report describing efforts toward completing the items
described in paragraph (2) of subdivision (e).
(g) The Judicial Council shall develop and implement standards,
and develop and adopt appropriate forms necessary to implement this
provision.
(h) This section shall become operative on January 1, 2012.
SEC. 5. Section 13754 of the Welfare and Institutions Code is
amended to read:
13754. (a) It is the intent of the Legislature that nothing in
this section shall be interpreted to preclude a nonminor dependent
from accessing the same benefits, services, and supports, and
exercise the same choices available to all nonminor dependents. It is
further the intent of the Legislature that nonminor dependents who
receive federal Supplemental Security Income benefits can serve as
their own payee, if it is determined that the nonminor dependent
satisfies the criteria established by the Social Security
Administration, and should be assisted in receiving direct payment by
the county child welfare department. It is further the intent of the
Legislature that individuals who have had their eligibility for
federal Supplemental Security Income benefits established pursuant to
Section 13757 be able to maintain that eligibility even when they
remain in the state's care as a nonminor dependent. In order to
facilitate this, it is the intent of the Legislature that the county
child welfare agency ensure that the youth receives an SSI payment
during at least one month of each 12-month period while the youth is
a nonminor dependent. It is further the intent of the Legislature
that the county child welfare agency may supplement the SSI payment
that a youth receives during this one-month period with state-only
AFDC-FC or state-only Kin-GAP benefits.
(b) (1) The county shall apply to be appointed representative
payee on behalf of a child beneficiary in its custody when no other
appropriate party is available to serve.
(A) At least 30 days before making the application, the county
shall provide written notice to the child's counsel of its intent to
apply to be appointed as the child's representative payee.
(B) Within 30 days after being appointed by the federal Social
Security Administration to serve as representative payee for a child
beneficiary in the county's custody, the county shall provide written
notice of the appointment to the child's counsel and the court.
If at the time a child is taken into custody pursuant to Section
309, the child is a current beneficiary of federal Supplemental
Security Income and the child's current representative payee is not
the parent or guardian alleged in the petition to have caused the
child to come within the jurisdiction of the juvenile court as
described in Section 300, the county shall provide written notice to
the child's counsel of its intent to file to be appointed as the
child's representative payee at least 30 days before making the
application.
(2) When a child beneficiary reaches 18 years of age and elects to
remain in the custody of the county as a nonminor dependent, the
county shall provide information to the youth regarding the process
for becoming his or her own payee and shall assist the youth in
becoming his or her own payee pursuant to Section 13753, unless
becoming his or her own payee is contrary to the best interests of
the youth. In the event that a youth is unable to serve as his or her
payee after attaining 18 years of age, the county shall assist the
youth in finding and designating an appropriate representative payee.
(c) In its capacity as representative payee, the county shall do
all of the following:
(1) Establish a no-cost, interest-bearing maintenance account for
each child in the department's custody for whom the department serves
as representative payee. Interest earned shall be credited to the
account. The county shall keep an itemized current account, in the
manner required by federal law, of all income and expense items for
each child's maintenance account.
(2) Establish procedures for disbursing money from the accounts,
including disbursing the net balance to the beneficiary upon release
from care. The county shall use social security and SSI/SSP benefits
only for the following purposes:
(A) For the use and benefit of the child.
(B) For purposes determined by the county to be in the child's
best interest.
(3) Establish and maintain a dedicated account in a financial
institution for past-due monthly benefits that exceed six times the
maximum monthly benefit payable, in accordance with federal law. The
representative payee may deposit into the account established under
this section any other funds representing past due benefits to the
eligible individual, provided that the amount of the past due
benefits is equal to or exceeds the maximum monthly benefit payable.
Funds from the dedicated account shall not be used for basic
maintenance costs. The use of funds from the dedicated account must
be for the benefit of the child and are limited to expenditures for
the following purposes:
(A) Medical treatment.
(B) Education or job skills training.
(C) Personal needs assistance.
(D) Special equipment.
(E) Housing modification.
(F) Therapy or rehabilitation.
(G) Other items or services, deemed appropriate by the Social
Security Administration.
SEC. 6. 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.
