Bill Text: CA AB154 | 2009-2010 | Regular Session | Chaptered
Bill Title: Adoption assistance: federal law.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 222, Statutes of 2009. [AB154 Detail]
Download: California-2009-AB154-Chaptered.html
BILL NUMBER: AB 154 CHAPTERED
BILL TEXT
CHAPTER 222
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE SEPTEMBER 4, 2009
PASSED THE ASSEMBLY SEPTEMBER 9, 2009
AMENDED IN SENATE SEPTEMBER 2, 2009
AMENDED IN ASSEMBLY APRIL 14, 2009
AMENDED IN ASSEMBLY APRIL 1, 2009
AMENDED IN ASSEMBLY MARCH 16, 2009
INTRODUCED BY Assembly Member Evans
JANUARY 23, 2009
An act to amend Sections 16118 and 16119 of, and to add Section
16132 to, the Welfare and Institutions Code, relating to adoption
assistance.
LEGISLATIVE COUNSEL'S DIGEST
AB 154, Evans. Adoption assistance: federal law.
Under existing law, the State Department of Social Services is
required to provide assistance to families adopting children from the
foster care system. Payments may be made for ongoing expenses or for
one-time adoption expenses, as provided. Existing law requires the
department to actively seek and make maximum use of federal funds
that may be available for those purposes.
This bill would state the intent of the Legislature to conform
state statutes with specified federal legislation and to expend
savings resulting from changes in eligibility for adoption assistance
on specified services.
Existing law also requires the department or the licensed adoption
agency to disclose specified information to prospective adoptive
families.
This bill would add to those disclosure requirements that the
department or licensed adoption agency inform the prospective
adoptive family of their potential eligibility for a federal and
state tax credit.
This bill would incorporate additional changes in Section 16119 of
the Welfare and Institutions Code, proposed by S.B. 597, to be
operative only if S.B. 597 and this bill are both chaptered and
become effective on or before January 1, 2010, and this bill is
chaptered last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 16118 of the Welfare and Institutions Code is
amended to read:
16118. (a) The department shall establish and administer the
program to be carried out by the department or the county pursuant to
this chapter. The department shall adopt any regulations necessary
to carry out the provisions of this chapter.
(b) The department shall keep the records necessary to evaluate
the program's effectiveness in encouraging and promoting the adoption
of children eligible for the Adoption Assistance Program.
(c) The department or the county responsible for providing
financial aid in the amount determined in Section 16120 shall have
responsibility for certifying that the child meets the eligibility
criteria and for determining the amount of financial assistance
needed by the child and the adopting family.
(d) The department shall actively seek and make maximum use of
federal funds that may be available for the purposes of this chapter.
In accordance with federal law, any savings in state funds realized
from the change in federal funding for adoption assistance resulting
from the enactment of Public Law 110-351 shall be spent for the
provision of foster care and adoption services. All gifts or grants
received from private sources for the purpose of this chapter shall
be used to offset public costs incurred under the program established
by this chapter.
(e) For purposes of this chapter, the county responsible for
determining the child's Adoption Assistance Program eligibility
status and for providing financial aid in the amount determined in
Sections 16120 and 16120.1 shall be the county that, at the time of
the adoptive placement, would otherwise be responsible for making a
payment pursuant to Section 11450 under the CalWORKs program or
Section 11461 under the Aid to Families with Dependent
Children-Foster Care program if the child were not adopted. When the
child has been voluntarily relinquished for adoption prior to a
determination of eligibility for this payment, the responsible county
shall be the county in which the relinquishing parent resides. The
responsible county for all other eligible children shall be the
county where the child is physically residing prior to placement with
the adoptive family. The responsible county shall certify
eligibility on a form prescribed by the department.
SEC. 2. Section 16119 of the Welfare and Institutions Code is
amended to read:
16119. (a) At the time application for adoption of a child who is
potentially eligible for Adoption Assistance Program benefits is
made, and at the time immediately prior to the finalization of the
adoption decree, the department or the licensed adoption agency,
whichever is appropriate, shall provide the prospective adoptive
family with information, in writing, on the availability of Adoption
Assistance Program benefits, with an explanation of the difference
between these benefits and foster care payments. The department or
the licensed adoption agency shall also provide the prospective
adoptive family with information, in writing, on the availability of
reimbursement for the nonrecurring expenses incurred in the adoption
of the Adoption Assistance Program eligible child. The department or
licensed adoption agency shall also provide the prospective adoptive
family with information on the availability of mental health services
through the Medi-Cal program or other programs.
(b) The department or the licensed agency shall encourage families
that elect not to sign an adoption assistance agreement to sign a
deferred adoption assistance agreement.
(c) The department or the county, whichever is responsible for
determining the child's eligibility for the Adoption Assistance
Program, shall assess the needs of the child and the circumstances of
the family.
(d) (1) The amount of an adoption assistance cash benefit, if any,
shall be a negotiated amount based upon the needs of the child and
the circumstances of the family. There shall be no means test used to
determine an adoptive family's eligibility for the Adoption
Assistance Program. In those instances where an otherwise eligible
child does not require a cash benefit, Medi-Cal eligibility may be
established for the child, as needed.
(2) For purposes of paragraph (1), "circumstances of the family"
includes the family's ability to incorporate the child into the
household in relation to the lifestyle, standard of living, and
future plans and to the overall capacity to meet the immediate and
future plans and needs, including education, of the child.
(e) The department or the licensed adoption agency shall inform
the prospective adoptive family regarding the county responsible for
providing financial aid to the adoptive family in an amount
determined pursuant to Sections 16120 and 16120.1.
(f) The department or the licensed adoption agency shall inform
the prospective adoptive family that the adoptive parents will
continue to receive benefits in the agreed upon amount unless one of
the following occurs:
(1) The department determines that the adoptive parents are no
longer legally responsible for the support of the child.
(2) The department determines that the child is no longer
receiving support from the adoptive family.
(3) The adoption assistance payment exceeds the amount that the
child would have been eligible for in a licensed foster home.
(4) The adoptive parents demonstrate a need for an increased
payment.
(5) The adoptive parents voluntarily reduce or terminate payments.
(6) The adopted child has an extraordinary need that was not
anticipated at the time the amount of the adoption assistance was
originally negotiated.
(g) The department or licensed adoption agency shall inform the
prospective adoptive family of their potential eligibility for a
federal tax credit under Section 23 of the Internal Revenue Code of
1986 (26 U.S.C. Sec. 23) and a state tax credit under Section
17052.25 of the Revenue and Taxation Code.
SEC. 2.5. Section 16119 of the Welfare and Institutions Code is
amended to read:
16119. (a) At the time application for adoption of a child who is
potentially eligible for Adoption Assistance Program benefits is
made, and at the time immediately prior to the finalization of the
adoption decree, the department or the licensed adoption agency,
whichever is appropriate, shall provide the prospective adoptive
family with information, in writing, on the availability of Adoption
Assistance Program benefits, with an explanation of the difference
between these benefits and foster care payments. The department or
the licensed adoption agency shall also provide the prospective
adoptive family with information, in writing, on the availability of
reimbursement for the nonrecurring expenses incurred in the adoption
of the Adoption Assistance Program eligible child. The department or
licensed adoption agency shall also provide the prospective adoptive
family with information on the availability of mental health services
through the Medi-Cal program or other programs. The department or
licensed adoption agency shall also provide information regarding the
federal adoption tax credit for any individual who is adopting or
considering adopting a child in foster care, in accordance with
Section 403 of the federal Fostering Connections to Success and
Increasing Adoptions Act of 2008 (Public Law 110-351).
(b) The department or the licensed agency shall encourage families
that elect not to sign an adoption assistance agreement to sign a
deferred adoption assistance agreement.
(c) The department or the county, whichever is responsible for
determining the child's eligibility for the Adoption Assistance
Program, shall assess the needs of the child and the circumstances of
the family.
(d) (1) The amount of an adoption assistance cash benefit, if any,
shall be a negotiated amount based upon the needs of the child and
the circumstances of the family. There shall be no means test used to
determine an adoptive family's eligibility for the Adoption
Assistance Program, or the amount of adoption assistance payments. In
those instances where an otherwise eligible child does not require a
cash benefit, Medi-Cal eligibility may be established for the child,
as needed.
(2) For purposes of paragraph (1), "circumstances of the family"
includes the family's ability to incorporate the child into the
household in relation to the lifestyle, standard of living, and
future plans and to the overall capacity to meet the immediate and
future plans and needs, including education, of the child.
(e) The department or the licensed adoption agency shall inform
the prospective adoptive family regarding the county responsible for
providing financial aid to the adoptive family in an amount
determined pursuant to Sections 16120 and 16120.1.
(f) The department or the licensed adoption agency shall inform
the prospective adoptive family that the adoptive parents will
continue to receive benefits in the agreed upon amount unless one of
the following occurs:
(1) The department determines that the adoptive parents are no
longer legally responsible for the support of the child.
(2) The department determines that the child is no longer
receiving support from the adoptive family.
(3) The adoption assistance payment exceeds the amount that the
child would have been eligible for in a licensed foster home.
(4) The adoptive parents demonstrate a need for an increased
payment.
(5) The adoptive parents voluntarily reduce or terminate payments.
(6) The adopted child has an extraordinary need that was not
anticipated at the time the amount of the adoption assistance was
originally negotiated.
(g) The department or licensed adoption agency shall inform the
prospective adoptive family of their potential eligibility for a
federal tax credit under Section 23 of the Internal Revenue Code of
1986 (26 U.S.C. Sec. 23) and a state tax credit under Section
17052.25 of the Revenue and Taxation Code.
SEC. 3. Section 16132 is added to the Welfare and Institutions
Code, to read:
16132. It is the intent of the Legislature to conform state
statutes to recently enacted federal legislation, the Fostering
Connections to Success and Increasing Adoptions Act of 2008 (Public
Law 110-351) and to expend savings resulting from changes in
eligibility for adoption assistance on services, including, but not
limited to, postadoption assistance, that may be provided under Title
IV-B and IV-E of the federal Social Security Act.
SEC. 4. Section 2.5 of this bill incorporates amendments to
Section 16119 of the Welfare and Institutions Code proposed by both
this bill and SB 597. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2010,
(2) each bill amends Section 16119 of the Welfare and Institutions
Code, and (3) this bill is enacted after SB 597, in which case
Section 2 of this bill shall not become operative.
