Bill Text: CA AB1512 | 2023-2024 | Regular Session | Amended
Bill Title: Foster care payments.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Vetoed) 2024-02-01 - Consideration of Governor's veto stricken from file. [AB1512 Detail]
Download: California-2023-AB1512-Amended.html
Amended
IN
Senate
September 01, 2023 |
Amended
IN
Assembly
April 06, 2023 |
Introduced by Assembly Members Bryan and Bauer-Kahan (Coauthors: Assembly Members Hart and Schiavo) |
February 17, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 13753 of the Welfare and Institutions Code, as added by Section 63 of Chapter 50 of the Statutes of 2022, is amended to read:13753.
(a) When a foster youth is receiving payments from the federal Social Security Administration, the county shall do all of the following at least six months before the youth’s 18th birthday:SEC. 2.
Section 13754 of the Welfare and Institutions Code, as added by Section 65 of Chapter 50 of the Statutes of 2022, is amended to read:13754.
(a) It is the intent of the Legislature that this section shall not be interpreted to preclude a nonminor dependent from accessing the same benefits, services, and supports, and exercise the same choices available to all dependents. It is further the intent of the Legislature that nonminor dependents who receive federal Social Security Administration benefits can serve as their own payee, if it is determined that the nonminor dependent satisfies the criteria established by the federal Social Security Administration, and should be assisted in receiving direct payment by the county placing agency. 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 placing 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 placing agency supplement the SSI payment that a youth receives during this one-month period with nonfederal AFDC-FC benefits.SEC. 3.
Section 13756 of the Welfare and Institutions Code is repealed.SEC. 4.
Section 13756 is added to the Welfare and Institutions Code, to read:13756.
(a) The Legislature finds that the State of California has utilized federal benefits administered by the federal Social Security Administration to offset the cost of foster care placement and that the utilization of these funds to support youth and young adults with their transition to adulthood would meet an urgent need for a population that is at high risk of homelessness. The Legislature finds that it is in a child’s best interests to ensure that federal benefits for which they are eligible are available for their current and future use. It is the intent of the Legislature that no federal Social Security Administration benefit received by a child or youth in foster care be utilized by the county placing agency to offset the cost of the child or youth’s care, and that placing agencies shall instead conserve those funds for the future use of the beneficiary.(4)Document in the court reports required under Sections 366.1, 366.21, 366.22, 366.25, 366.26, 366.3, 366.31, 706.5, 727.2, 727.3, and subdivision (b) of Section 727.4 how the county is complying with this subdivision, including the amounts spent or designated and for what purpose, consistent with the accounting report requirements described in Section 404.2065 of Title 20 and Section 416.665 of Title 20 of the Code of Federal Regulations, and the county’s consideration of the child’s best interests, consistent with federal guidance.
(1)
(2)
(3)
(4)
(d)The county placing agency shall summarize in every court report required under Sections 366.1, 366.21, 366.22, 366.25, 366.26, 366.3, 366.31, 706.5, 727.2, 727.3, and subdivision (b) of Section 727.4, how the county is complying with subdivision (c).
(e)Within 30 days of the child’s exit from foster care,