Bill Text: CA AB2189 | 2021-2022 | Regular Session | Enrolled
Bill Title: Foster youth.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2022-09-18 - Vetoed by Governor. [AB2189 Detail]
Download: California-2021-AB2189-Enrolled.html
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Enrolled
August 26, 2022 |
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Passed
IN
Senate
August 23, 2022 |
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Passed
IN
Assembly
August 24, 2022 |
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Amended
IN
Senate
August 18, 2022 |
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Amended
IN
Senate
August 01, 2022 |
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Amended
IN
Senate
June 23, 2022 |
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Amended
IN
Assembly
May 19, 2022 |
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Amended
IN
Assembly
March 23, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2189
| Introduced by Assembly Member Friedman (Coauthor: Assembly Member Bryan) |
February 15, 2022 |
An act to amend Sections 303, 391, 452, 607.3, 11461, and 11465 of the Welfare and Institutions Code, relating to public social services.
LEGISLATIVE COUNSEL'S DIGEST
AB 2189, Friedman.
Foster youth.
(1) Existing law establishes the jurisdiction of the juvenile court, which is permitted to adjudge certain children to be a ward or a dependent of the court under certain circumstances, and authorizes the juvenile court to retain jurisdiction over those persons until they attain 21 years of age. Existing law authorizes nonminors who have not yet attained 21 years of age and who exited foster care at or after the age of majority to petition the court to resume dependency jurisdiction or to assume transition jurisdiction over the nonminor.
Under existing law, the county welfare department is required to submit reports at the first regularly scheduled review hearing after a dependent child has attained 16 years of age, at the last regularly scheduled review hearing before a dependent child attains 18 years of age, and at every
regularly scheduled review hearing thereafter, verifying that specified information, documents, and services have been provided to the child or nonminor.
This bill would require certain additional verifications to be included in those reports, including, among other things, verification that specified information has been included in the child’s or nonminor’s case plan.
Existing law prohibits the court from terminating jurisdiction over a nonminor dependent who has attained 18 years of age until the county welfare department has submitted a report verifying that it has provided all of the information, documents, and services referred to above to the nonminor dependent, or in the case of a nonminor dependent who, after reasonable efforts by the county welfare department, cannot be located, verifying the efforts made to make that information and those documents and services available to the nonminor dependent.
This bill would additionally prohibit jurisdiction from being terminated over a nonminor dependent who has attained 21 years of age until the county welfare department has provided the nonminor dependent that information and those documents and services and, if the nonminor dependent has not secured housing, until the county welfare department has submitted a report to the court verifying that specified requirements have been met. The bill would extend the authority of the court to retain jurisdiction over a nonminor dependent who has attained 21 years of age for the limited purpose of complying with those requirements. The bill would authorize a nonminor dependent over whom jurisdiction has been extended pursuant to that authorization to continue receiving the support and services they were entitled to receive immediately prior to attaining 21 years of age, and benefits equal to the amount of Aid to Families with Dependent Children-Foster Care (AFDC-FC) program
benefits, until jurisdiction has been terminated. By imposing additional duties on county welfare departments, this bill would impose a state-mandated program.
(2) Existing law establishes the 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 have a kinship guardianship, and the Approved Relative Caregiver Funding Program (ARC), which provides payments to approved relative caregivers who are caring for children and nonminor dependents who are ineligible for AFDC-FC payments.
Existing law requires, when a child is living with a parent who receives AFDC-FC or Kin-GAP
benefits, or ARC payments, 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 makes a pregnant minor or nonminor dependent eligible for the infant supplement, referred to in this instance as an expectant parent benefit, for the 3-month period immediately prior to the month the birth is anticipated.
This bill would expand eligibility for the expectant parent benefit to include minors and nonminor dependents who are under the dependency jurisdiction of the juvenile court and who would be eligible to have foster care benefits paid on their behalf but for the minor or nonminor dependent not residing in an approved placement. The bill would require the department to develop and implement automated payments for these purposes, as specified. Because counties would administer these extended benefits, this bill would impose a state-mandated
local program.
(3) Existing law authorizes a county to pay, in addition to the basic rate, a clothing allowance to provide additional clothing for a child.
This bill would require a county, if the county opts to provide a clothing allowance, to provide the clothing allowance to a minor or nonminor dependent who is under the dependency jurisdiction of the juvenile court and who would be eligible to have foster care benefits paid on their behalf but for the minor or nonminor dependent not residing in an approved placement. The bill would require the department to develop and implement automated payments for these purposes, as specified.
(4) 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.
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 303 of the Welfare and Institutions Code is amended to read:303.
(a) The court may retain jurisdiction over any person who is found to be a ward or a dependent child of the juvenile court until the ward or dependent child attains 21 years of age, or after 21 years of age for the limited purpose of compliance with subdivision (i) of Section 391.(b) The court shall have within its jurisdiction any nonminor dependent, as defined in subdivision (v) of Section 11400. The court may terminate its dependency, delinquency, or transition jurisdiction over the nonminor dependent between the time the nonminor reaches the age of majority and 21 years of age, or after 21 years of age for the limited purpose of compliance with subdivision (i) of Section 391. If the court terminates dependency, delinquency, or transition jurisdiction, the
nonminor dependent shall remain under the general jurisdiction of the court until the nonminor dependent attains 21 years of age in order to allow for a petition under subdivision (e) of Section 388.
(c) A nonminor who has not yet attained 21 years of age and who exited foster care at or after the age of majority, may petition the court pursuant to subdivision (e) of Section 388 to resume dependency jurisdiction over themselves or to assume transition jurisdiction over themselves pursuant to Section 450.
(d) (1) Nothing in this code, including, but not limited to, Sections 340, 366.27, and 369.5, shall be construed to provide legal custody of a person who has attained 18 years of age to the county welfare or probation department or to otherwise abrogate any other rights that a person who has attained 18 years of age may have as an adult under California law.
A nonminor dependent shall retain all of their legal decisionmaking authority as an adult. The nonminor shall enter into a mutual agreement for placement, as described in subdivision (u) of Section 11400, unless the nonminor dependent is incapable of making an informed agreement, or a voluntary reentry agreement, as described in subdivision (z) of Section 11400, for placement and care in which the nonminor consents to placement and care in a setting supervised by, and under the responsibility of, the county child welfare services department, the county probation department, or Indian tribe, tribal organization, or consortium of tribes that entered into an agreement pursuant to Section 10553.1.
(2) A nonminor dependent who remains under delinquency jurisdiction in order to complete their rehabilitative goals and is under a foster care placement order is not required to complete the mutual agreement as described in subdivision (u) of Section
11400. Their adult decisionmaking authority may be limited by and subject to the care, supervision, custody, conduct, and maintenance orders as described in Section 727.
(3) Continuing jurisdiction for a nonminor dependent after 21 years of age pursuant to this section shall not be construed to continue any terms or conditions of probation.
(e) Unless otherwise specified, the rights of a dependent child and the responsibilities of the county welfare or probation department, or tribe, and other entities, toward the child and family, shall also apply to nonminor dependents.
(f) The court shall assume transition jurisdiction pursuant to Section 450 over a person notwithstanding a court order vacating the underlying adjudication pursuant to Section 236.14 of the Penal Code. On or before January 1, 2019, the Judicial
Council shall amend and adopt rules of court and develop appropriate forms to implement this subdivision.
SEC. 2.
Section 391 of the Welfare and Institutions Code is amended to read:391.
(a) (1) At the first regularly scheduled review hearing held pursuant to subdivision (d) of Section 366.3 after a dependent child has attained 16 years of age, the county welfare department shall submit a report verifying that the following information, documents, and services have been provided to the child:(A) Social security card, if provided to the child pursuant to paragraph (2).
(B) Copy of the birth certificate.
(C) Driver’s license, as described in Section 12500 of the Vehicle Code, or identification card, as described in Section 13000 of the Vehicle Code.
(D) Assistance in obtaining employment, if applicable.
(E) Assistance in applying for, or preparing to apply for, admission to college or to a vocational training program or other educational institution and in obtaining financial aid, where applicable.
(F) Written information notifying the child that current or former dependent children who are or have been in foster care are granted a preference for student assistant or internship positions with state agencies pursuant to Section 18220 of the Government Code, or with participating county agencies pursuant to Section 31000.11 of the Government Code, until the child attains 26 years of age.
(G) Written information notifying the child of any financial literacy programs or other available resources provided through the county or other community
organizations to help the youth obtain financial literacy skills, including, but not limited to, banking, credit card debt, student loan debt, credit scores, credit history, and personal savings.
(H) Verification that the information described in clause (ii) of subparagraph (A) of paragraph (16) of subdivision (g) of Section 16501.1 has been included in the child’s case plan, how the county has complied with Chapter 6.2 (commencing with Section 13750) of Part 3 of Division 9 with respect to the child, and whether the child has a pending application for Supplemental Security Income (SSI) or special immigrant juvenile status or residency and the status of those applications, if applicable.
(I) Verification that the documentation described in subparagraph (C) of paragraph (16) of subdivision (g) of Section 16501.1 has been included in the child’s case plan and
that the child has received a copy of their credit report and assistance to resolve any problems or errors found in the credit report.
(J) Verification that the information described in paragraph (22) of subdivision (g) of Section 16501.1 has been included in the child’s case plan, that one or more individuals have been identified to provide the child assistance with applications for postsecondary education and related financial aid, and whether the child has been provided that assistance.
(K) The health and education summary described in subdivision (a) of Section 16010.
(2) Except as required by subdivision (b), the child’s social security card may only be provided temporarily to the dependent child for the following purposes:
(A) To enable the child to obtain employment.
(B) To apply for admission to an institution of postsecondary education or a vocational training program.
(C) To apply for financial aid.
(D) To apply for or access public benefits.
(E) As otherwise determined by the child’s caseworker, including, but not limited to, in response to a request from the child.
(3) For purposes of this subdivision, a certified copy of the dependent child’s birth certificate shall be provided upon request of the child.
(b) At the last regularly scheduled review hearing held pursuant to subdivision (d) of Section 366.3 before a dependent
child attains 18 years of age, the county welfare department shall submit a report verifying that the following information, documents, and services have been provided to the minor or nonminor:
(1) Social security card.
(2) Certified copy of the birth certificate.
(3) Driver’s license, as described in Section 12500 of the Vehicle Code, or identification card, as described in Section 13000 of the Vehicle Code.
(4) Medi-Cal Benefits Identification Card.
(5) A letter prepared by the county welfare department that includes the following information:
(A) The minor’s or nonminor’s name and date of birth.
(B) The dates during which the minor or nonminor was within the jurisdiction of the juvenile court.
(C) A statement that the minor or nonminor was a foster youth in compliance with state and federal financial aid documentation requirements.
(6) If applicable, the death certificate of the parent or parents.
(7) If applicable, proof of the minor’s or nonminor’s citizenship or legal residence.
(8) An advance health care directive form.
(9) The Judicial Council form that the minor or nonminor would use to file a petition pursuant to subdivision (e) of Section 388 to resume dependency jurisdiction.
(10) Written information notifying the minor or nonminor that they may be eligible to receive CalFresh benefits, and where the minor or nonminor can apply for CalFresh benefits.
(11) The health and education summary described in subdivision (a) of Section 16010.
(c) At the last regularly scheduled review hearing held pursuant to subdivision (d) of Section 366.3 before a dependent child attains 18 years of age, and at every regularly scheduled review hearing thereafter, the county welfare department shall submit a report describing efforts toward providing the following information, documents, and services to the minor or nonminor:
(1) Assistance in obtaining employment, if applicable.
(2) Assistance in applying for, or preparing to apply for, admission to college or to a vocational training program or other educational institution and in obtaining financial aid, where applicable.
(3) Written information notifying the child that a current or former dependent child who is or has been in foster care is granted a preference for student assistant or internship positions with state agencies pursuant to Section 18220 of the Government Code, or with participating county agencies pursuant to Section 31000.11 of the Government Code, until the child attains 26 years of age.
(4) Written information notifying the child that youth exiting foster care at 18 years of age or older are eligible for Medi-Cal until they reach 26 years of age, regardless of income, and are not required to submit an application.
(5) Written information notifying the child of any financial literacy programs or other available resources provided through the county or other community organizations to help the youth obtain financial literacy skills, including, but not limited to, banking, credit card debt, student loan debt, credit scores, credit history, and personal savings.
(6) (A) If applicable, referrals to transitional housing, if available, or assistance in securing other housing.
(B) Whether the referrals or assistance as described in subparagraph (A) have resulted in housing being secured for the minor or nonminor, and, if not, what, if any, different or additional referrals or assistance the department has provided that are intended to secure housing.
(C) The duration of the housing, if known to the
department.
(D) If applicable, information, including summaries, describing additional referrals, assistance, or services provided by county departments or agencies other than the county welfare department that are intended to prevent the minor or nonminor from becoming homeless if jurisdiction is terminated pursuant to this section.
(E) The information described in subparagraphs (B) to (D), inclusive, is required only for reports submitted at the last regularly scheduled review hearing held pursuant to subdivision (d) of Section 366.3 before a dependent child attains 18 years of age.
(7) Assistance in maintaining relationships with individuals who are important to a minor or nonminor who has been in out-of-home placement for six months or longer from the date the minor or nonminor entered foster care, based on the
minor’s best interests or nonminor’s wishes.
(8) The whereabouts of any siblings under the jurisdiction of the juvenile court, unless the court determines that sibling contact would jeopardize the safety or welfare of either sibling.
(9) Verification that the child or nonminor has been screened for eligibility for all public benefits and applied for all public benefits for which they may be eligible while they are in foster care. If a discharge from foster care is contemplated at the hearing or prior to the next review hearing, verification that the child or the child’s caregiver has applied for all public benefits for which the child may be eligible while they are in foster care. If the child or caregiver does not submit any or all of those applications, the county shall submit written verification, signed by the child or caregiver, that the county welfare department offered
assistance in submitting applications and that the child or caregiver made a knowing and informed decision not to submit the applications.
(10) Verification that the information described in clause (ii) of subparagraph (A) of paragraph (16) of subdivision (g) of Section 16501.1 has been included in the child’s case plan, how the county has complied with Chapter 6.2 (commencing with Section 13750) of Part 3 of Division 9 with respect to the child, and whether the child has a pending application for Supplemental Security Income (SSI) or special immigrant juvenile status or residency and the status of those applications, if applicable.
(11) Verification that the documentation described in subparagraph (C) of paragraph (16) of subdivision (g) of Section 16501.1 has been included in the child’s or nonminor’s case plan and that the child or nonminor has received a
copy of their credit report and assistance to resolve any problems or errors found in the credit report.
(12) Verification that the information described in paragraph (22) of subdivision (g) of Section 16501.1 has been included in the child’s or nonminor’s case plan, that one or more individuals have been identified to provide the child or nonminor assistance with applications for postsecondary education and related financial aid, and whether the child has been provided that assistance.
(d) The dependency court shall not terminate jurisdiction over a nonminor unless a hearing is conducted pursuant to this section. At any hearing at which the court is considering terminating jurisdiction over a nonminor, the county welfare department shall do all of the following:
(1) Ensure that the dependent
nonminor is present in court, unless the nonminor does not wish to appear in court and elects a telephonic appearance, or document reasonable efforts made by the county welfare department to locate the nonminor when the nonminor is not available.
(2) Submit a report describing whether it is in the nonminor’s best interests to remain under the court’s dependency jurisdiction, which includes a recommended transitional independent living case plan for the nonminor when the report describes continuing dependency jurisdiction as being in the nonminor’s best interest.
(3) If the county welfare department recommends termination of the court’s dependency jurisdiction, submit documentation of the reasonable efforts made by the department to provide the nonminor with the assistance needed to meet or maintain eligibility as a nonminor dependent, as defined in paragraphs (1) to (5),
inclusive, of subdivision (b) of Section 11403.
(4) If the nonminor has indicated that they do not want dependency jurisdiction to continue, the report shall address the manner in which the nonminor was advised of their options, including the benefits of remaining in foster care, and of their right to reenter foster care and to file a petition pursuant to subdivision (e) of Section 388 to resume dependency jurisdiction prior to attaining 21 years of age.
(e) (1) The court shall continue dependency jurisdiction over a nonminor who meets the definition of a nonminor dependent as described in subdivision (v) of Section 11400 unless the court finds either of the following:
(A) That the nonminor does not wish to remain subject to dependency jurisdiction.
(B) That the nonminor is not participating in a reasonable and appropriate transitional independent living case plan.
(2) In making the findings pursuant to paragraph (1), the court shall also find that the nonminor has been informed of their options including the benefits of remaining in foster care and the right to reenter foster care by filing a petition pursuant to subdivision (e) of Section 388 to resume dependency jurisdiction and by completing a voluntary reentry agreement pursuant to subdivision (z) of Section 11400, and has had an opportunity to confer with their counsel if counsel has been appointed pursuant to Section 317.
(f) The court may terminate its jurisdiction over a nonminor if the court finds after reasonable and documented efforts the nonminor cannot be located.
(g) When terminating dependency jurisdiction, the court shall maintain general jurisdiction over the nonminor to allow for the filing of a petition to resume dependency jurisdiction under subdivision (e) of Section 388 until the nonminor attains 21 years of age, although no review proceedings shall be required. A nonminor may petition the court pursuant to subdivision (e) of Section 388 to resume dependency jurisdiction at any time before attaining 21 years of age.
(h) The court shall not terminate dependency jurisdiction over a nonminor dependent who has attained 18 years of age until a hearing is conducted pursuant to this section. Jurisdiction shall not be terminated until the department has submitted a report verifying that the information, documents, and services required under subdivisions (a) and (b), as well as the following information, documents, and services, have been
provided to the nonminor, or in the case of a nonminor who, after reasonable efforts by the county welfare department, cannot be located, verifying the efforts made to make the following available to the nonminor:
(1) Assistance in accessing the Independent Living Aftercare Program in the nonminor’s county of residence, and, upon the nonminor’s request, assistance in completing a voluntary reentry agreement for care and placement pursuant to subdivision (z) of Section 11400 and in filing a petition pursuant to subdivision (e) of Section 388 to resume dependency jurisdiction.
(2) Written information concerning the nonminor’s dependency case, including, but not limited to, all of the following:
(A) Any known information regarding the nonminor’s Indian heritage or tribal connections.
(B) The nonminor’s family history and placement history.
(C) Any photographs of the nonminor or the family of the nonminor in the possession of the county welfare department, other than forensic photographs.
(D) Directions on how to access the documents the nonminor is entitled to inspect under Section 827.
(E) The written 90-day transition plan prepared pursuant to Section 16501.1.
(F) The date on which the jurisdiction of the juvenile court would be terminated.
(3) The Judicial Council form that the nonminor would use to file a petition pursuant to subdivision (e) of Section 388 to resume dependency jurisdiction.
(4) Written verification that the eligible nonminor is enrolled in Medi-Cal and the nonminor’s Medi-Cal Benefits Identification Card.
(5) Continued and uninterrupted enrollment in Medi-Cal for eligible nonminors pursuant to Section 14005.28 or 14005.285.
(6) Assistance with the following:
(A) Referrals to transitional housing, if available, or assistance in securing other housing.
(B) Obtaining employment or other financial support, if applicable.
(7) The report described in this subdivision, as it relates to the assistance described in subparagraph (A) of paragraph (6), shall include the following:
(A) Whether the referral or assistance has resulted in housing being secured for the minor or nonminor, and, if not, what, if any, different or additional assistance the department has provided that is intended to secure housing.
(B) The duration of the housing, if known to the department.
(C) If applicable, information, including summaries, describing additional referrals, assistance, or services provided by county departments or agencies other than the county welfare department that are intended to prevent the minor or nonminor from becoming homeless if jurisdiction is terminated pursuant to this section.
(8) Verification that the nonminor has applied for all public benefits for which they may be eligible. If the nonminor does not submit any or all of
those applications, the county shall submit written verification, signed by the nonminor, that the county welfare department offered assistance in submitting applications and that the nonminor made a knowing and informed decision not to submit the applications.
(i) (1) Unless a nonminor objects to continued jurisdiction, the court shall not terminate jurisdiction over, or placement responsibility for, a nonminor dependent who has attained 21 years of age until the requirements of subdivision (h) have been met and, if the nonminor dependent has not secured housing, until the county welfare department has submitted a report to the court verifying that the requirements of paragraph (6) of subdivision (c) have been met. Notwithstanding the age restrictions in any law providing for support, services, and benefits for nonminor dependents, the nonminor dependent shall continue to receive the support and services they were
entitled to receive immediately prior to attaining 21 years of age, and benefits equal to the amount of the AFDC-FC benefits provided pursuant to Section 11461, until jurisdiction has been terminated.
(2) Continuing jurisdiction for a nonminor dependent after 21 years of age pursuant to Section 303 shall not be construed to continue any terms or conditions of probation.
SEC. 3.
Section 452 of the Welfare and Institutions Code is amended to read:452.
(a) The court shall hold a hearing prior to terminating transition jurisdiction over a nonminor dependent.(b) At a hearing during which termination of transition jurisdiction over a nonminor dependent is being considered, the court shall continue its jurisdiction to allow a nonminor dependent who is eligible for foster care placement pursuant to Section 11403 to remain in foster care, unless the court finds that after reasonable and documented efforts, the nonminor dependent cannot be located or does not wish to remain a nonminor dependent. In making this finding, the court shall ensure that the nonminor dependent has had an opportunity to confer with their counsel and has been informed of their options, including the right to reenter foster care placement by
completing a voluntary reentry agreement, as described in subdivision (z) of Section 11400, and the right to file a petition pursuant to subdivision (e) of Section 388 to resume transition jurisdiction pursuant to Section 450.
(c) The agency responsible under the county protocol for supervising a nonminor dependent subject to the court’s transition jurisdiction shall complete all of the following actions for a hearing during which termination of transition jurisdiction over a nonminor dependent is being considered:
(1) Ensure that the nonminor dependent is present in court for the hearing, unless the nonminor dependent has waived their right to appear in court and elects to appear by telephone instead or document the reasonable efforts it made to locate the nonminor dependent when the nonminor dependent is not available to appear at the hearing.
(2) Submit a report describing whether it is in the nonminor dependent’s best interests to remain under the court’s jurisdiction.
(3) Submit the completed 90-day transition plan.
(4) The placing agency’s report shall address the manner in which the nonminor was informed of their right to reenter foster care prior to attaining 21 years of age, if the nonminor dependent has indicated that they do not want juvenile court transition jurisdiction to continue.
(5) Submit written verification that the information, documents, and services set forth in paragraphs (1) to (8), inclusive, of subdivision (h) of Section 391 have been provided to the nonminor dependent.
(6) Certify that the requirements set
forth in Section 607.5 have been completed.
(d) If the court terminates transition jurisdiction, the nonminor shall remain within the general jurisdiction of the court until the nonminor attains 21 years of age to allow for the filing of a petition to resume juvenile court transition jurisdiction under subdivision (e) of Section 388, although no review proceedings shall be required.
SEC. 4.
Section 607.3 of the Welfare and Institutions Code is amended to read:607.3.
On and after January 1, 2012, at the hearing required under Section 607.2 for a ward who is 18 years of age or older and subject to an order for foster care placement as described in Section 11402, the probation department shall complete all of the following actions:(a) Ensure that the nonminor has been informed of their options, including the right to reenter foster care placement by completing a voluntary reentry agreement as described in subdivision (z) of Section 11400 and the right to file a petition pursuant to subdivision (e) of Section 388 for the court to resume transition jurisdiction pursuant to Section 450.
(b) Ensure that the ward has had an opportunity to confer with their counsel.
(c) Ensure that the ward is present in court for the hearing, unless the ward has waived their right to appear in court and elects to appear by a telephone instead, or document the efforts it made to locate the ward when the ward is not available to appear at the hearing.
(d) Submit a report to the court describing all of the following:
(1) Whether it is in the ward’s best interest for a court to assume or continue transition jurisdiction over the ward as a nonminor dependent pursuant to Section 450.
(2) Whether the ward has indicated that they do not want juvenile court jurisdiction to continue.
(3) Whether the ward has been informed of their right to reenter foster care by completing the
voluntary reentry agreement as described in subdivision (z) of Section 11400.
(e) Submit to the court the completed 90-day transition plan.
(f) Submit to the court written verification that the information, documents, and services set forth in paragraphs (1) to (8), inclusive, of subdivision (h) of Section 391 have been provided to the ward.
(g) Submit to the court written verification that the requirements set forth in Section 607.5 have been completed.
SEC. 5.
Section 11461 of the Welfare and Institutions Code, as amended by Section 50 of Chapter 50 of the Statutes of 2022, is amended to read:11461.
(a) For children or, on and after January 1, 2012, nonminor dependents placed in a licensed or approved family home with a capacity of six or less, or in an approved home of a relative or nonrelated legal guardian, or the approved home of a nonrelative extended family member, as described in Section 362.7, or, on and after January 1, 2012, a supervised independent living placement, as defined in subdivision (w) of Section 11400, the per child per month basic rates in the following schedule shall be in effect for the period July 1, 1989, through December 31, 1989:Age | Basic rate |
|---|---|
0–4
........................
| $ 294 |
5–8
........................
| $ 319 |
9–11
........................
| $ 340 |
12–14
........................
| $ 378 |
15–20
........................
| $ 412 |
(b) (1) Any county that, as of October 1, 1989, has in effect a basic rate that is at the levels set forth in
the schedule in subdivision (a), shall continue to receive state participation, as specified in subdivision (c) of Section 15200, at these levels.
(2) Any county that, as of October 1, 1989, has in effect a basic rate that exceeds a level set forth in the schedule in subdivision (a), shall continue to receive the same level of state participation as it received on October 1, 1989.
(c) The amounts in the schedule of basic rates in subdivision (a) shall be adjusted as follows:
(1) Effective January 1, 1990, the amounts in the schedule of basic rates in subdivision (a) shall be increased by 12 percent.
(2) Effective May 1, 1990, any county that did not increase the basic rate by 12 percent on January 1, 1990, shall do both of the following:
(A) Increase the basic rate in effect December 31, 1989, for which state participation is received by 12 percent.
(B) Increase the basic rate, as adjusted pursuant to subparagraph (A), by an additional 5 percent.
(3) (A) Except as provided in subparagraph (B), effective July 1, 1990, for the 1990–91 fiscal year, the amounts in the schedule of basic rates in subdivision (a) shall be increased by an additional 5 percent.
(B) The rate increase required by subparagraph (A) shall not be applied to rates increased May 1, 1990, pursuant to paragraph (2).
(4) Effective July 1, 1998, the amounts in the schedule of basic rates in subdivision (a) shall be increased by 6 percent.
Notwithstanding any other law, the 6-percent increase provided for in this paragraph shall, retroactive to July 1, 1998, apply to every county, including any county to which paragraph (2) of subdivision (b) applies, and shall apply to foster care for every age group.
(5) Notwithstanding any other law, any increase that takes effect after July 1, 1998, shall apply to every county, including any county to which paragraph (2) of subdivision (b) applies, and shall apply to foster care for every age group.
(6) The increase in the basic foster family home rate shall apply only to children placed in a licensed foster family home receiving the basic rate or in an approved home of a relative or nonrelative extended family member, as described in Section 362.7, a supervised independent living placement, as defined in subdivision (w) of Section 11400, or a nonrelated legal guardian receiving
the basic rate. The increased rate shall not be used to compute the monthly amount that may be paid to licensed foster family agencies for the placement of children in certified foster homes.
(d) (1) (A) Beginning with the 1991–92 fiscal year, the schedule of basic rates in subdivision (a) shall be adjusted by the percentage changes in the California Necessities Index, computed pursuant to the methodology described in Section 11453, subject to the availability of funds.
(B) In addition to the adjustment in subparagraph (A) effective January 1, 2000, the schedule of basic rates in subdivision (a) shall be increased by 2.36 percent rounded to the nearest dollar.
(C) Effective January 1, 2008, the schedule of basic rates in subdivision (a), as adjusted pursuant to subparagraph
(B), shall be increased by 5 percent, rounded to the nearest dollar. The increased rate shall not be used to compute the monthly amount that may be paid to licensed foster family agencies for the placement of children in certified foster family homes, and shall not be used to recompute the foster care maintenance payment that would have been paid based on the age-related, state-approved foster family home care rate and any applicable specialized care increment, for any adoption assistance agreement entered into prior to October 1, 1992, or in any subsequent reassessment for adoption assistance agreements executed before January 1, 2008.
(2) (A) Any county that, as of the 1991–92 fiscal year, receives state participation for a basic rate that exceeds the amount set forth in the schedule of basic rates in subdivision (a) shall receive an increase each year in state participation for that basic rate of one-half of the
percentage adjustments specified in paragraph (1) until the difference between the county’s adjusted state participation level for its basic rate and the adjusted schedule of basic rates is eliminated.
(B) Notwithstanding subparagraph (A), all counties for the 1999–2000 fiscal year and the 2007–08 fiscal year shall receive an increase in state participation for the basic rate of the entire percentage adjustment described in paragraph (1).
(3) If a county has, after receiving the adjustments specified in paragraph (2), a state participation level for a basic rate that is below the amount set forth in the adjusted schedule of basic rates for that fiscal year, the state participation level for that rate shall be further increased to the amount specified in the adjusted schedule of basic rates.
(e) (1) As used in this section, “specialized care increment” means an amount paid on behalf of a child requiring specialized care to a home listed in subdivision (g) in addition to the basic rate. Notwithstanding subdivision (g), the specialized care increment shall not be paid to a nonminor dependent placed in a supervised independent living setting as defined in subdivision (w) of Section 11403. A county may have a ratesetting system for specialized care to pay for the additional care and supervision needed to address the behavioral, emotional, and physical requirements of foster children. A county may modify its specialized care rate system as needed, to accommodate changing specialized placement needs of children.
(2) (A) The department shall have the authority to review the county’s specialized care information, including the criteria and methodology used for compliance with state and federal law, and to
require counties to make changes if necessary to conform to state and federal law.
(B) The department shall make available to the public each county’s specialized care information, including the criteria and methodology used to determine the specialized care increments.
(3) Upon a request by a county for technical assistance, specialized care information shall be provided by the department within 90 days of the request to the department.
(4) (A) Except for subparagraph (B), beginning January 1, 1990, specialized care increments shall be adjusted in accordance with the methodology for the schedule of basic rates described in subdivisions (c) and (d).
(B) Notwithstanding subdivision (e) of Section 11460, for the 1993–94 fiscal year,
an amount equal to 5 percent of the State Treasury appropriation for family homes shall be added to the total augmentation for the AFDC-FC program in order to provide incentives and assistance to counties in the area of specialized care. This appropriation shall be used, but not limited to, encouraging counties to implement or expand specialized care payment systems, to recruit and train foster parents for the placement of children with specialized care needs, and to develop county systems to encourage the placement of children in family homes. It is the intent of the Legislature that in the use of these funds, federal financial participation shall be claimed whenever possible.
(C) (i) Notwithstanding subparagraph (A), the specialized care increment shall not receive a cost-of-living adjustment in the 2011–12 or 2012–13 fiscal years.
(ii) Notwithstanding
clause (i), a county may choose to apply a cost-of-living adjustment to its specialized care increment during the 2011–12 or 2012–13 fiscal years. To the extent that a county chooses to apply a cost-of-living adjustment during that time, the state shall not participate in the costs of that adjustment.
(iii) To the extent that federal financial participation is available for a cost-of-living adjustment made by a county pursuant to clause (ii), it is the intent of the Legislature that the federal funding shall be utilized.
(5) Beginning in the 2011–12 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this subdivision shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(f) (1) As used
in this section, “clothing allowance” means the amount paid by a county, at the county’s option, in addition to the basic rate for the provision of additional clothing for a child, including, but not limited to, an initial supply of clothing and school or other uniforms. The frequency and level of funding shall be based on the needs of the child, as determined by the county.
(2) The state shall no longer participate in any clothing allowance in addition to the basic rate, commencing with the 2011–12 fiscal year.
(3) If a county opts to provide a clothing allowance, the county shall also provide the clothing allowance to a minor or nonminor dependent who is under the dependency jurisdiction of the juvenile court and who would be eligible to have foster care payments paid on their behalf but for the minor or nonminor dependent not residing in an approved placement.
(4) The department shall work with the County Welfare Directors Association of California and the California Statewide Automated Welfare System (CalSAWS) to develop and implement the necessary system changes to implement the clothing allowance payment. The payment shall be automated on July 1, 2024, or when the department notifies the Legislature that CalSAWS can perform the necessary automation to implement it, whichever is later.
(g) (1) Notwithstanding subdivisions (a) to (d), inclusive, for a child, or on and after January 1, 2012, a nonminor dependent, placed in a licensed foster family home or with a resource family, or placed in an approved home of a relative or the approved home of a nonrelative extended family member as described in Section 362.7, or placed on and after January 1, 2012, in a supervised independent living placement, as defined in
subdivision (w) of Section 11400, the per child per month basic rate in the following schedule shall be in effect for the period commencing July 1, 2011, or the date specified in the final order, for which the time to appeal has passed, issued by a court of competent jurisdiction in California State Foster Parent Association v. William Lightbourne, et al. (U.S. Dist. Ct. C 07-08056 WHA), whichever is earlier, through June 30, 2012:
Age | Basic rate |
|---|---|
0–4
........................
| $ 609 |
5–8
........................
| $ 660 |
9–11
........................
| $ 695 |
12–14
........................
| $ 727 |
15–20
........................
| $ 761 |
(2) Commencing July 1, 2011, the basic rate set forth in this subdivision shall be annually adjusted on July 1 by the annual percentage change in the California Necessities Index applicable to the calendar year within which each July 1 occurs.
(3) Subdivisions (e) and (f) shall apply to payments made pursuant to this subdivision.
(4) (A) (i) For the 2016–17 fiscal year, the department shall develop a basic rate in
coordination with the development of the foster family agency rate authorized in Section 11463 that ensures a child placed in a home-based setting described in paragraph (1), and a child placed in a certified family home or with a resource family approved by a foster family agency, is eligible for the same basic rate set forth in this paragraph.
(ii) The rates developed pursuant to this paragraph shall not be lower than the rates proposed as part of the Governor’s 2016 May Revision.
(iii) A certified family home of a foster family agency shall be paid the basic rate set forth in this paragraph only through December 31, 2024.
(B) The basic rate paid to either a certified family home or a resource family approved by a foster family agency shall be paid by the agency to the certified family home or resource family from
the rate that is paid to the agency pursuant to Section 11463.
(C) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the basic rates and the manner in which they are determined shall be set forth in written directives until regulations are adopted.
(D) The basic rates set forth in written directives or regulations pursuant to subparagraph (C) shall become inoperative on January 1, 2025.
(h) Beginning in the 2011–12 fiscal year, and each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
SEC. 6.
Section 11465 of the Welfare and Institutions Code is amended to read:11465.
(a) If a child is living with a parent who receives AFDC-FC or Kin-GAP benefits, or, on or after July 1, 2017, Approved Relative Caregiver Funding Program (ARC) payments, 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) (A) Prior to July 1, 2017, and 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.
(B) On or after July 1, 2017, the payment made for care and supervision of a child who is living with a teen parent in a whole family foster home shall be the uniform rate developed pursuant to subdivision (c).
(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 teen parent receiving AFDC-FC benefits in a short-term residential therapeutic program shall equal the infant supplement rate for short-term residential therapeutic programs 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 the dependent teen parent 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) (A) On and after January 1, 2012, and prior to July 1, 2017, 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 benefits pursuant to Section 11403.
(B) On and after July 1, 2017, 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, ARC, or Kin-GAP benefits pursuant to Section 11403.
(e) (1) (A) Commencing January 1, 2022, the rate paid for a pregnant minor or nonminor dependent 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 an expectant parent payment used to meet the specialized needs of the pregnant minor or nonminor dependent and to properly prepare for the needs of the infant.
(B) The department shall work with the County Welfare Directors Association of California and the California Statewide Automated Welfare System (CalSAWS) to develop and implement the necessary system changes to implement the expectant parent payment. The payment shall be automated on July 1, 2023, or when the department notifies the Legislature that CalSAWS can perform the necessary automation to implement it, whichever is later.
(C) Prior to the automation of the expectant parent payment in the CalSAWS system, counties shall issue a single payment in one lump
sum for an expectant minor or nonminor dependent equal to three times the monthly amount paid pursuant to subdivision (a). The payment shall be issued in the month that is three months prior to the expected due date, or as soon as the county agency becomes aware of the pregnancy, and regardless of the date of entry into foster care or outcome of the pregnancy.
(D) The payment, or payments, made pursuant to this section shall not be prorated and overpayments shall not be established or collected.
(2) (A) A pregnant minor or nonminor dependent who is under the dependency jurisdiction of the juvenile court and who would be eligible to have foster care benefits paid on their behalf but for the minor or nonminor dependent not residing in an approved placement shall be eligible for the benefit described in paragraph (1) of this subdivision.
(B) The department shall work with the County Welfare Directors Association of California and the California Statewide Automated Welfare System (CalSAWS) to develop and implement the necessary system changes to implement the expectant parent payment for a pregnant minor or nonminor dependent who is not residing in an approved placement pursuant to subparagraph (A). The payment shall be automated on July 1, 2024, or when the department notifies the Legislature that CalSAWS can perform the necessary automation to implement it, whichever is later.
