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

California Assembly Bill 1301 (Prior Session Legislation)

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 April 12, 2019

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 instead, beginning July 1, 2020, ~~authorize counties~~ require county child welfare agencies 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. Program. The bill would prescribe the methodology for compensation, and would require the department to establish reimbursement procedures in consultation with the counties and private adoption agencies. After all reimbursements are made under these provisions, the bill would authorize a county to use any unspent funds for additional activities related to permanency, as specified.

By imposing additional duties on local entities, this bill would create 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 no reimbursement is required by this act for a specified reason.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOYES

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.

(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~~ 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. support permanency for children and nonminor dependents who need permanent homes through adoption or guardianship. Historically, the adoption of children from foster care has been supported by private adoption agencies pursuant to the Private Agency Adoptions Reimbursement Program. It is the intent of the Legislature to encourage counties and private adoption agencies to continue supporting these children and families both pre- and post-permanency, which supports the counties and state in meeting federal and state-required permanency outcomes for foster children and also may result in savings to the county child welfare agencies. 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~~ the Private Agency Adoptions Reimbursement Program in order to allow for local control of the program and ensure the services provided are consistent with the Continuum of Care ~~Reform.~~ Reform, and to allow unspent funds to be utilized to support permanency activities undertaken outside of the Private Agency Adoptions Reimbursement Program.

~~(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~~

(b) (1) A county child welfare agency shall 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.~~ 16120.

(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.
(2) The agencies described in paragraph (1) shall be compensated for otherwise unreimbursed costs for the placement of these children. One-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. Reimbursement procedures shall be established by the department in consultation with the counties and private adoption agencies.
(3) This subdivision shall not be construed to authorize reimbursement to private agencies for intercountry adoption services.
(c) To the extent that reimbursements made pursuant to subdivision (b) total less than the amount provided to the county for those services, the county may, at its discretion, utilize unspent funds for additional activities related to permanency, including, but not limited to, pre- and post-permanency support related to the establishment of adoptions and guardianships for foster children.

(d) This section shall be become operative on July 1, 2020.

SEC. 3.
To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIII B of the California Constitution.