Bill Text: CA AB1838 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Foster care: infant supplement.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Vetoed) 2016-09-25 - Vetoed by Governor. [AB1838 Detail]

Download: California-2015-AB1838-Amended.html

---

BILL NUMBER: AB 1838	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 1, 2016
	AMENDED IN SENATE  JUNE 20, 2016
	AMENDED IN ASSEMBLY  MAY 27, 2016
	AMENDED IN ASSEMBLY  MARCH 16, 2016

INTRODUCED BY   Assembly Members Ting and Bonta
   (Coauthor: Assembly Member Gonzalez)

                        FEBRUARY 9, 2016

   An act to amend  Sections 11465 and 16521.5  
Section 11465  of the Welfare and Institutions Code, relating
to foster children.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1838, as amended, Ting. Foster care: infant 
supplement: pregnancy prevention.   supplement. 
   (1) 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. Existing law establishes a schedule of basic rates to be
paid for the care and supervision of each foster child. Existing law
also establishes the Kinship Guardianship Assistance Payment Program
(Kin-GAP), which provides aid on behalf of eligible children who are
placed in the home of a relative caretaker. Existing law prohibits
the rate paid under the Kin-GAP program from exceeding the basic
foster family home rate paid to caregivers under the AFDC-FC program.

   Existing law requires, when a child is living with a parent who
receives AFDC-FC or Kin-GAP benefits, that the rate paid to the
foster care provider on behalf of the parent include an additional
amount, known as an infant supplement, for the care and supervision
of the child. Existing law requires the State Department of Social
Services to adopt a uniform rate for the infant supplement for each
category of eligible licensed community care facility. Existing law
also requires that the infant supplement payment for a child living
with a teen parent in a whole family foster home be equal to the
basic foster family home rate.
   This bill would  require that the infant supplement
payment be equal to the basic foster family home rate for any child
living with a dependent or nonminor dependent parent whose caretaker
receives AFDC-FC, Kin-Gap, or Approved Relative Caregiver Funding
Option Program benefits. The bill would require the department to
adopt regulations by July 1, 2017, setting forth new infant
supplement rates for a child in a group home placement, short-term
residential treatment facility, or in THP-Plus Foster Care. The bill
would also  make a pregnant minor or nonminor dependent
eligible for the infant supplement for a specified period before the
expected date of birth, subject to a verification of 
pregnancy.   pregnancy, as specified.  Because
counties would administer these extended benefits, this bill would
impose a state-mandated local program. 
   (2) Existing law requires foster care providers to ensure that
adolescents who remain in long-term foster care receive
age-appropriate pregnancy prevention information, provided that the
department develops guidelines that describe the duties and
responsibilities of foster care providers and county case managers in
delivering pregnancy prevention services and information. 

   This bill would require the department to facilitate the
development and availability of curriculum for foster care providers
and county case managers on the reproductive rights of youth in
foster care and age-appropriate materials and resources regarding
pregnancy prevention information and health care services. 

   (3) 
    (2)  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.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION   1.    Section 11465 of the 
 Welfare and Institutions Code   is amended to read:

   11465.  (a) When a child is living with a parent who receives
AFDC-FC or Kin-GAP benefits, the rate paid to the provider on behalf
of the parent shall include an amount for care and supervision of the
child.
   (b) For each category of eligible licensed community care
facility, as defined in Section 1502 of the Health and Safety Code,
the department shall adopt regulations setting forth a uniform rate
to cover the cost of care and supervision of the child in each
category of eligible licensed community care facility.
   (c) (1) On and after July 1, 1998, the uniform rate to cover the
cost of care and supervision of a child pursuant to this section
shall be increased by 6 percent, rounded to the nearest dollar. The
resultant amounts shall constitute the new uniform rate.
   (2) (A) On and after July 1, 1999, the uniform rate to cover the
cost of care and supervision of a child pursuant to this section
shall be adjusted by an amount equal to the California Necessities
Index computed pursuant to Section 11453, rounded to the nearest
dollar. The resultant amounts shall constitute the new uniform rate,
subject to further adjustment pursuant to subparagraph (B).
   (B) In addition to the adjustment specified in subparagraph (A),
on and after January 1, 2000, the uniform rate to cover the cost of
care and supervision of a child pursuant to this section shall be
increased by 2.36 percent, rounded to the nearest dollar. The
resultant amounts shall constitute the new uniform rate.
   (3) Subject to the availability of funds, for the 2000-01 fiscal
year and annually thereafter, these rates shall be adjusted for cost
of living pursuant to procedures in Section 11453.
   (4) On and after January 1, 2008, the uniform rate to cover the
cost of care and supervision of a child pursuant to this section
shall be increased by 5 percent, rounded to the nearest dollar. The
resulting amount shall constitute the new uniform rate.
   (5) Commencing July 1, 2016, the uniform rate to cover the cost of
care and supervision of a child pursuant to this section shall be
supplemented by an additional monthly amount of four hundred
eighty-nine dollars ($489). This monthly supplement shall only be
provided if funding for this purpose is appropriated in the annual
Budget Act.
   (d) (1) Notwithstanding subdivisions (a) to (c), inclusive, the
payment made pursuant to this section for care and supervision of a
child who is living with a teen parent in a whole family foster home,
as defined in Section 11400, shall equal the basic rate for children
placed in a licensed or approved home as specified in subdivisions
(a) to (d), inclusive, and subdivision (g), of Section 11461.
   (2) (A) The amount paid for care and supervision of a dependent
infant living with a dependent teen parent receiving AFDC-FC benefits
in a group home placement shall equal the infant supplement rate for
group home placements.
   (B) Commencing January 1, 2017, the amount paid for care and
supervision of a dependent infant living with a dependent teenage
parent receiving AFDC-FC benefits in a short-term residential
treatment center shall equal the infant supplement rate for
short-term residential treatment centers established by the
department.
   (3) (A) The caregiver shall provide the county child welfare
agency or probation department with a copy of the shared
responsibility plan developed pursuant to Section 16501.25 and shall
advise the county child welfare agency or probation department of any
subsequent changes to the plan. Once the plan has been completed and
provided to the appropriate agencies, the payment made pursuant to
this section shall be increased by an additional two hundred dollars
($200) per month to reflect the increased care and supervision while
he or she is placed in the whole family foster home.
   (B) A nonminor dependent parent residing in a supervised
independent living placement, as defined in subdivision (w) of
Section 11400, who develops a written parenting support plan pursuant
to Section 16501.26 shall provide the county child welfare agency or
probation department with a copy of the plan and shall advise the
county child welfare agency or probation department of any subsequent
changes to the plan. The payment made pursuant to this section shall
be increased by an additional two hundred dollars ($200) per month
after all of the following have been satisfied:
   (i) The plan has been completed and provided to the appropriate
county agency.
   (ii) The plan has been approved by the appropriate county agency.
   (iii) The county agency has determined that the identified
responsible adult meets the criteria specified in Section 16501.27.
   (4) In a year in which the payment provided pursuant to this
section is adjusted for the cost of living as provided in paragraph
(1) of subdivision (c), the payments provided for in this subdivision
shall also be increased by the same procedures.
   (5) A Kin-GAP relative who, immediately prior to entering the
Kin-GAP program, was designated as a whole family foster home shall
receive the same payment amounts for the care and supervision of a
child who is living with a teen parent they received in foster care
as a whole family foster home.
   (6) On and after January 1, 2012, the rate paid for a child living
with a teen parent in a whole family foster home as defined in
Section 11400 shall also be paid for a child living with a nonminor
dependent parent who is eligible to receive AFDC-FC or Kin-GAP
pursuant to Section 11403. 
   (e) The rate paid for a pregnant minor or nonminor dependent for
the month in which the birth is anticipated and for the three-month
period immediately prior to the month in which the birth is
anticipated shall include the amount that would otherwise be paid
under this section to cover the care and supervision of a child, if
born. Any amount paid pursuant to this subdivision shall be used to
meet the specialized needs of the pregnant minor or nonminor
dependent and to properly prepare for the needs of the infant.
Verification of pregnancy is a condition of eligibility for aid under
this subdivision.  
  SECTION 1.    Section 11465 of the Welfare and
Institutions Code is amended to read:
   11465.  (a) (1) When a child is living with a dependent or
nonminor dependent parent and the caretaker receives AFDC-FC
benefits, Kin-GAP benefits, or benefits pursuant to Section 11461.3,
on behalf of the parent, the rate shall include a supplement for the
care and supervision of each child in an amount equal to the basic
rate for children placed in a licensed or approved home as specified
in subdivisions (a) to (d), inclusive, and subdivision (g), of
Section 11461.
   (2) The rate paid to a nonminor dependent parent residing in a
supervised independent living placement, as defined in subdivision
(w) of Section 11400, shall include the supplement described in
paragraph (1).
   (3) On or before July 1, 2017, the department shall adopt
regulations setting forth new supplement rates to cover the cost of
the care and supervision of a child who is living with a parent in a
group home placement, short-term residential treatment facility, or
in THP-Plus Foster Care.
   (b) (1) The caregiver for a minor or nonminor dependent living in
a whole family foster home, as defined in Section 11400, shall
provide the county child welfare agency or probation department with
a copy of the shared responsibility plan developed pursuant to
Section 16501.25 and shall advise the county child welfare agency or
probation department of any subsequent changes to the plan. Once the
plan has been completed and provided to the appropriate agencies, the
payment made pursuant to this section shall be increased by an
additional two hundred dollars ($200) per month to reflect the
increased care and supervision while he or she is placed in the whole
family foster home.
   (2) A nonminor dependent parent residing in a supervised
independent living placement, as defined in subdivision (w) of
Section 11400, who develops a written parenting support plan pursuant
to Section 16501.26, shall provide the county child welfare agency
or probation department with a copy of the plan and shall advise the
county child welfare agency or probation department of any subsequent
changes to the plan. The payment made pursuant to this section shall
be increased by an additional two hundred dollars ($200) per month
after all of the following have been satisfied:
   (A) The plan has been completed and provided to the appropriate
county agency.
   (B) The plan has been approved by the appropriate county agency.
   (C) The county agency has determined that the identified
responsible adult meets the criteria specified in Section 16501.27.
   (3) A Kin-GAP relative who, immediately prior to entering the
Kin-GAP program, was designated as a whole family foster home shall
receive the same payment amounts for the care and supervision of a
child who is living with a teen parent they received in foster care
as a whole family foster home.
   (c) The rate paid for a pregnant minor or nonminor dependent, for
the month in which the birth is anticipated and for the six-month
period immediately prior to the month in which the birth is
anticipated, shall include the amount that would otherwise be paid to
cover the care and supervision of a child, if born, under this
section. Any amount paid pursuant to this subdivision shall be used
to meet the specialized needs of the pregnant minor or nonminor
dependent and to properly prepare for the needs of the infant.
Verification of pregnancy is a condition of eligibility for aid under
this subdivision.  
  SEC. 2.    Section 16521.5 of the Welfare and
Institutions Code is amended to read:
   16521.5.  (a) A foster care provider, in consultation with the
county case manager, shall be responsible for ensuring that
adolescents, including nonminor dependents, as described in
subdivision (v) of Section 11400, who remain in long-term foster
care, as defined by the department, receive age-appropriate pregnancy
prevention information to the extent state and county resources are
provided.
   (b) A foster care provider, in consultation with the county case
manager, shall be responsible for ensuring that a foster youth or
nonminor dependent is provided with appropriate referrals to health
services when the foster youth either reaches 18 years of age or the
nonminor dependent exits foster care, and to the extent county and
state resources are provided.
   (c) As part of the home study process, the prospective foster care
provider shall notify the county if he or she objects to
participating in adolescent pregnancy prevention training or the
dissemination of information pursuant to subdivisions (a) and (b). A
licensed foster care provider shall notify the county if he or she
objects to participation. If the provider objects, the county case
manager shall assume this responsibility.
   (d) Subdivisions (a), (b), and (c) shall not take effect until the
department, in consultation with the workgroup, develops guidelines
that describe the duties and responsibilities of foster care
providers and county case managers in delivering pregnancy prevention
services and information.
   (e) (1) The department, in consultation with the State Department
of Health Services, shall convene a working group for the purpose of
developing a pregnancy prevention plan that will effectively address
the needs of adolescent male and female foster youth. The workgroup
shall meet not more than three times and thereafter shall provide
consultation to the department upon request.
   (2) The working group shall include representatives from the
California Youth Connection, the Foster Parent's Association, group
home provider associations, the County Welfare Director's
Association, providers of teen pregnancy prevention programs, a
foster care case worker, an expert in pregnancy prevention curricula,
a representative of the Independent Living Program, and an
adolescent health professional.
   (f) The plan required pursuant to subdivision (e) shall include,
but not be limited to, all of the following:
   (1) Effective strategies and programs for preteen and older teen
foster youth and nonminor dependents.
   (2) The role of foster care and group home care providers.
   (3) The role of the assigned case management worker.
   (4) How to involve foster youth and nonminor peers.
   (5) Selecting and providing appropriate materials to educate
foster youth and nonminors in family life education.
   (6) The training of foster care and group home care providers and,
when necessary, county case managers in adolescent pregnancy
prevention.
   (g) Counties currently mandating foster care provider training
shall be encouraged to include the pregnancy prevention curricula
guidelines and educational materials that may be developed by the
workgroup pursuant to subdivision (f).
   (h) The department shall facilitate the development and
availability of both of the following:
   (1) Curriculum for foster care providers and county case managers
on the reproductive rights of youth in foster care.
   (2) Age-appropriate materials and resources regarding pregnancy
prevention information and health care services to fulfill the
requirements set forth in subdivisions (a) and (b).
   (i) The department shall adopt regulations to implement this
section. 
   SEC. 3.   SEC. 2.   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 nor otherwise be subject to Section 6 of Article
XIII B of the California Constitution.