Bill Text: CA AB1301 | 2019-2020 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Child welfare: adoption.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2019-10-12 - Chaptered by Secretary of State - Chapter 827, Statutes of 2019. [AB1301 Detail]

Download: California-2019-AB1301-Amended.html

Amended  IN  Assembly  March 19, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1301


Introduced by Assembly Member Cooley

February 22, 2019


An act to amend, repeal, and add Section 16122 of the Welfare and Institutions Code, relating to child welfare services.


LEGISLATIVE COUNSEL'S DIGEST


AB 1301, as amended, Cooley. Child welfare: adoption.
Existing law provides for the Adoption Assistance Program, to be established and administered by the State Department of Social Services or the county, for the purpose of benefitting children residing in foster homes by providing the stability and security of permanent homes. Existing law requires the state to compensate licensed private adoption agencies for the cost of placing for adoption eligible children and nonminor dependents eligible for the program, as specified.
This bill would express the intent of the Legislature to enact legislation to restructure the Private Agency Adoptions Reimbursement Program to allow greater local control in a manner consistent with the 2011 Realignment and Continuum of Care Reform. instead, beginning July 1, 2020, authorize counties to compensate licensed private adoption agencies for the costs of supporting families through the process of adopting children and nonminor dependents who are eligible for the Adoption Assistance Program and for other activities that promote permanency for foster youth. The bill would also authorize the department to provide up to $4,000,000 annually in incentive payments to private adoption agencies to support intercounty adoption services.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 16122 of the Welfare and Institutions Code is amended to read:

16122.
 (a) It is the intent of the Legislature in enacting this chapter to provide children or nonminor dependents who would otherwise remain in long-term foster care with permanent adoptive homes. It is also the intent of this Legislature to encourage private adoption agencies to continue placing these children, and in so doing, to achieve a substantial savings to the state in foster care costs.
(b) From any funds appropriated for this purpose, the state shall compensate private adoption agencies licensed pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code for costs of placing for adoption children or nonminor dependents eligible for Adoption Assistance Program benefits pursuant to Section 16120.
These agencies shall be compensated for otherwise unreimbursed costs for the placement of these children in an amount not to exceed a total of three thousand five hundred dollars ($3,500) per child adopted. Half of the compensation shall be paid at the time the adoptive placement agreement is signed. The remainder shall be paid at the time the adoption petition is granted by the court. Requests for compensation shall conform to claims procedures established by the department. This section shall not be construed to authorize reimbursement to private agencies for intercountry adoption services.
(c) Effective July 1, 1999, the maximum amount of reimbursement pursuant to subdivision (b) shall be five thousand dollars ($5,000).
(d) Effective February 1, 2008, the maximum amount of reimbursement pursuant to subdivision (b) shall be ten thousand dollars ($10,000). This rate increase shall apply only to those cases for which the adoptive home study approval occurred on or after July 1, 2007.
(e) This Section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.

SEC. 2.

 Section 16122 is added to the Welfare and Institutions Code, to read:

16122.
 (a) It is the intent of the Legislature in enacting this chapter to provide children or nonminor dependents who would otherwise remain in long-term foster care with permanent adoptive homes. It is also the intent of the Legislature to encourage counties and private adoption agencies to continue supporting families through the adoption process, and in so doing, to achieve a savings to the state in foster care costs. In light of the enactment and implementation of the 2011 Realignment and the Continuum of Care Reform, it is necessary to change the construction of this program in order to allow for local control of the program and ensure the services provided are consistent with the Continuum of Care Reform.
(b) At the discretion of the county child welfare agency, and pursuant to any memoranda of understanding the county may enter into with a private adoption agency, the county may compensate private adoption agencies licensed pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code for the costs of supporting families through the process of adopting children or nonminor dependents eligible for the Adoption Assistance Program benefits pursuant to Section 16120 and for other activities that promote permanency for youth in the foster care system.
(c) The department may provide incentive payments to private adoption agencies to support intercounty adoption services. The total cost of incentive payments made pursuant to this subdivision shall not exceed four million dollars ($4,000,000) annually. Prior to providing incentive payments pursuant to this subdivision, the department shall, in consultation with the County Welfare Directors Association of California and private adoption agencies, develop an incentive payment schedule.
(d) This section shall be operative on July 1, 2020.

SECTION 1.

It is the intent of the Legislature to enact legislation to restructure the Private Agency Adoptions Reimbursement Program to allow greater local control in a manner consistent with the 2011 Realignment and Continuum of Care Reform.

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