Bill Text: CA AB2477 | 2023-2024 | Regular Session | Amended
Bill Title: Foster care: independent living.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-06-18 - Read second time. Ordered to third reading. [AB2477 Detail]
Download: California-2023-AB2477-Amended.html
|
Amended
IN
Assembly
April 04, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2477
| Introduced by Assembly Member Zbur |
February 13, 2024 |
An act to amend Section 11155.5 of the Welfare and Institutions Code, relating to foster care.
LEGISLATIVE COUNSEL'S DIGEST
AB 2477, as amended, Zbur.
Foster care: independent living.
Existing law establishes the Independent Living Program (ILP), which has among its purposes providing training in daily living skills, budgeting, locating and maintaining housing, and career planning for foster youth up to 21 years of age. Existing federal law authorizes a state, under certain circumstances, to expand eligibility for the ILP to former foster youth who have not attained 23 years of age. Existing law requires the State Department of Social Services, with the approval of the federal government, to amend the foster care state plan to permit all eligible children to be served by the ILP up to 21 years of age.
Existing law authorizes a child who is declared a ward or dependent child of the court who is 16 years of age or older, or a nonminor dependent, as defined, who is participating in a transitional independent living case plan
to retain resources with a combined value of $10,000, consistent with federal law, and still remain eligible to receive public social services. Existing law requires the written approval of a child’s probation officer or social worker for withdrawal of the child’s savings, as specified.
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.
This bill would remove that monetary value limit and instead allow those nonminor dependents to retain resources consistent with federal law. The bill would prohibit those resources from being evaluated after the initial determination for the same foster care episode to determine continued eligibility for a foster care maintenance payment. The bill would also authorize a nonminor dependent who reenters foster care, as specified, and
is ineligible for federal financial participation due to cash savings in an amount that is greater than allowed, to receive aid in the form of state AFDC-FC if certain requirements are met. Because counties would administer these extended benefits, this bill would impose 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.
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 11155.5 of the Welfare and Institutions Code is amended to read:11155.5.
(a) In addition to the personal property permitted by other provisions of this part, a child declared a ward or dependent child of the juvenile court, who is 16 years of age or older, or, a nonminor dependent, as defined in subdivision (v) of Section 11400, who is participating in a transitional independent living case plan pursuant to the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351), may retain resources consistent with Section 472(a) of the federal Social Security Act (42 U.S.C. Sec. 672(a)) as contained in the federal Foster Care Independence Act of 1999 (Public Law 106-169) and the child’s transitional independent living case plan. Any cash savings shall be the child’s own money and shall be deposited by the child or on behalf of the child in any bank or savings and loan institution whose deposits are insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation. The cash savings shall be for the child’s use for purposes directly related to the child’s or nonminor dependent’s transitional independent living case plan goals.(b) The withdrawal of the savings by a child shall require the written approval of the child’s probation officer or social worker and shall be directly related to the goal of emancipation. This written approval is not required for withdrawals by a nonminor dependent.
(c) Consistent with federal law, resources shall not be evaluated after the initial determination for the same foster care episode
to determine continued eligibility for a foster care maintenance payment.
(d) A nonminor dependent who reenters foster care pursuant to subdivision (e) of Section 388 and is ineligible for federal financial participation due to cash savings in excess of the amounts referenced in those allowed pursuant to subdivision (a) is eligible to receive aid in the form of state Aid to Families with Dependent Children-Foster Care (AFDC-FC) if all other criteria pursuant to Section 11401 are met.
