Bill Text: CA AB2668 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Foster care: nonminor dependent parents.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-29 - Chaptered by Secretary of State - Chapter 770, Statutes of 2014. [AB2668 Detail]

Download: California-2013-AB2668-Amended.html

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BILL NUMBER: AB 2668	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 26, 2014
	AMENDED IN ASSEMBLY  MAY 7, 2014

INTRODUCED BY   Assembly Member Quirk-Silva

                        FEBRUARY 21, 2014

   An act to amend Sections 11465 and 16501.25 of, and to add
Sections 16501.26, 16501.27, and 16501.28 to, the Welfare and
Institutions Code, relating to social services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2668, as amended, Quirk-Silva. Foster care: nonminor dependent
parents.
   Existing law provides aid and services to children placed in
out-of-home care through various social service programs, including
Aid to Families with Dependent Children-Foster Care (AFDC-FC) and the
Kinship Guardianship Assistance Payment Program (Kin-GAP). Existing
law provides that, 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 include an amount for care and supervision of the
child, as specified. Existing law provides for specified payments in
instances in which a child is living with a teen parent in a whole
family foster home, as defined. Existing law requires, under these
circumstances, that a written shared responsibility plan be developed
between the parent, his or her caregiver, and a representative of
the county or other agency providing direct supervision to the
caregiver. Existing law requires that, once this plan has been
completed and provided to the appropriate agencies, the payment made
to the caregiver be increased by an additional $200 per month to
reflect the increased care and supervision of the child.
   This bill, on or after July 1, 2015, would similarly authorize the
development of a parenting support plan between a nonminor dependent
parent who resides in a supervised independent living placement, an
identified responsible adult who has agreed to act as a parenting
mentor, and a representative of the county child welfare agency or
probation department. The bill would authorize the nonminor dependent
to provide the plan to the county child welfare agency or probation
department, at which time he or she would receive an additional aid
payment of $200 per month. The bill would require the State
Department of Social Services to convene a working group to develop
and issue an all-county letter that specifies the minimum criteria a
person must meet in order to serve as an identified responsible adult
to a nonminor dependent parent, as specified. The bill would require
a person who wishes to become an identified responsible adult to
meet the minimum criteria described above, be at least 21 years of
age, and undergo a  state-level  criminal records
 check,   check and a Child Abuse Central Index
check,  as specified.  The bill would authorize a person
who does not have a criminal record or who has been issued a
criminal records exemption by a county, as specified, to serve as an
identified responsible adult.  By increasing the duties of
counties providing child welfare services, 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   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.
   (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) 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.
   (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, may provide the county child welfare agency or
probation department with a copy of the parenting support plan
developed pursuant to Section 16501.26 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.
   (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.
  SEC. 2.  Section 16501.25 of the Welfare and Institutions Code is
amended to read:
   16501.25.  (a) For the purposes of this section, "teen parent"
means a child who has been adjudged to be a dependent child or ward
of the court on the grounds that he or she is a person described
under Section 300 or 602, or a ward of a nonrelated legal guardian
whose guardianship was established pursuant to Section 360 or 366.26,
living in out-of-home placement in a whole family foster home, as
defined in subdivision (u) of Section 11400, who is a parent.
Commencing January 1, 2012, "teen parent" also means a nonminor
dependent, as defined in subdivision (v) of Section 11400, who is
living in a whole family foster home, as defined in subdivision (t)
of Section 11400, and is eligible for AFDC-FC or Kin-GAP payments
pursuant to Section 11403.
   (b) (1) When the child of a teen parent is not subject to the
jurisdiction of the dependency court but is in the full or partial
physical custody of the teen parent, a written shared responsibility
plan shall be developed. The plan shall be developed between the teen
parent, caregiver, and a representative of the county child welfare
agency or probation department, and in the case of a certified home,
a representative of the agency providing direct and immediate
supervision to the caregiver. Additional input may be provided by any
individuals identified by the teen parent, the other parent of the
child, if appropriate, and other extended family members. The plan
shall be developed as soon as is practicably possible. However, if
one or more of the above stakeholders are not available to
participate in the creation of the plan within the first 30 days of
the teen parent's placement, the teen parent and caregiver may enter
into a plan for the purposes of fulfilling the requirements of
subparagraph (A) of paragraph (3) of subdivision (d) of Section
11465, which may be modified at a later time when the other
individuals become available.
   (2) The plan shall be designed to preserve and strengthen the teen
parent family unit, as described in Section 16002.5, to assist the
teen parent in meeting the goals outlined in Section 16002.5, to
facilitate a supportive home environment for the teen parent and the
child, and to ultimately enable the teen parent to independently
provide a safe, stable, and permanent home for the child. The plan
shall in no way limit the teen parent's legal right to make decisions
regarding the care, custody, and control of the child.
   (3) The plan shall be written for the express purpose of aiding
the teen parent and the caregiver to reach agreements aimed at
reducing conflict and misunderstandings. The plan shall outline, with
as much specificity as is practicable, the duties, rights, and
responsibilities of both the teen parent and the caregiver with
regard to the child, and identify supportive services to be offered
to the teen parent by the caregiver or, in the case of a certified
home, the agency providing direct and immediate supervision to the
caregiver, or both. The plan shall be updated, as needed, to account
for the changing needs of infants and toddlers, and in accordance
with the teen parent's changing school, employment, or other outside
responsibilities. The plan shall not conflict with the teen parent's
case plan. Areas to be addressed by the plan include, but are not
limited to, all of the following:
   (A) Feeding.
   (B) Clothing.
   (C) Hygiene.
   (D) Purchase of necessary items, including, but not limited to,
safety items, food, clothing, and developmentally appropriate toys
and books. This includes both one-time purchases and items needed on
an ongoing basis.
   (E) Health care.
   (F) Transportation to health care appointments, child care, and
school, as appropriate.
   (G) Provision of child care and babysitting.
   (H) Discipline.
   (I) Sleeping arrangements.
   (J) Visits among the child, his or her noncustodial parent, and
other appropriate family members, including the responsibilities of
the teen parent, the caregiver, and the foster family agency, as
appropriate, for facilitating the visitation. The shared
responsibility plan shall not conflict with the teen parent's case
plan and any visitation orders made by the court.
   (c) Upon completion of the shared responsibility plan and any
subsequent updates to the plan, a copy shall be provided to the teen
parent and his or her attorney, the caregiver, the county child
welfare agency or probation  department  
department,  and, in the case of a certified home, the agency
providing direct and immediate supervision to the caregiver.
   (d) The shared responsibility plan requirements shall no longer
apply when the two hundred-dollar ($200) monthly payment is made
under the Kin-GAP program pursuant to Article 4.5 (commencing with
Section 11360) or Article 4.7 (commencing with Section 11385) of
Chapter 2 of Part 3 to a former whole family foster home pursuant to
subdivision (a) of Section 11465.
  SEC. 3.  Section 16501.26 is added to the Welfare and Institutions
Code, to read:
   16501.26.  (a) For the purposes of this section, "nonminor
dependent parent" means a nonminor dependent as described in
subdivision (v) of Section 11400, residing in a supervised
independent living placement as defined in subdivision (w) of Section
11400, who is a parent.
   (b) When the child of a nonminor dependent parent is not subject
to the jurisdiction of the dependency court, but is in the full or
partial custody of the nonminor dependent, a written parenting
support plan may be developed between the nonminor dependent parent
and an identified responsible adult who has agreed to act as a
parenting mentor to the nonminor dependent parent. The plan, if
developed, shall be developed between the nonminor dependent parent,
the identified responsible adult, and a representative of the county
child welfare agency or probation department. Additional input may be
provided by any individuals identified by the nonminor dependent
parent, the other parent of the child, if appropriate, and other
extended family members. The plan shall be developed as soon as is
practicably possible. However, if one or more of the above
stakeholders are not available to participate in the creation of the
plan within the first 30 days of the nonminor dependent parent's
request to enter into the plan, the nonminor dependent parent and the
identified responsible adult may enter into a plan for the purposes
of fulfilling the requirements of subparagraph (B) of paragraph (3)
of subdivision (d) of Section 11465, which may be modified at a later
time when the other individuals become available.
   (1) The plan shall be designed to preserve and strengthen the
nonminor dependent parent family unit, as described in Section
16002.5, to assist the nonminor dependent parent in meeting the goals
outlined in Section 16002.5, to assist the nonminor dependent parent
in maintaining a safe, stable, and permanent home for the child, and
to support the nonminor dependent parent's educational and
employment goals. The plan shall in no way limit the nonminor
dependent parent's legal right to make decisions regarding the care,
custody, and control of the child.
   (2) The plan shall be written for the express purpose of
identifying additional support and assisting the nonminor dependent
parent in providing the best care plan for his or her child. The plan
shall outline, with as much specificity as is practicable, the ways
in which the identified responsible adult will assist the nonminor
dependent parent with regard to the child, and identify supportive
services to be offered to the nonminor dependent parent by the
identified responsible adult. The plan shall be updated, as needed,
to account for the changing needs of infants and toddlers, and in
accordance with the nonminor dependent parent's changing school,
employment, or other outside responsibilities. The plan shall not
conflict with the nonminor dependent parent's transitional
independent living case plan or any visitation orders made by the
court. Areas to be addressed by the plan may include, but are not
limited to, all of the following:
   (A) Transportation to health care appointments, child care, and
school, as appropriate.
   (B) Providing child care and babysitting.
   (c)  Upon completion of the parenting support plan and any
subsequent updates to the plan, a copy shall be provided to the
nonminor dependent parent and his or her attorney, the identified
responsible adult, and the county child welfare agency or probation
department.
   (d) This section shall become operative on July 1, 2015.
  SEC. 4.  Section 16501.27 is added to the Welfare and Institutions
Code, to read:
   16501.27.  (a)  (1)    For
purposes of Section 16501.26, a person who wishes to become an
identified responsible adult to a nonminor dependent parent shall
 meet the minimum criteria established pursuant to Section
16501.28, be at least 21 years of age, and undergo a state-level
criminal records check to be conducted by an appropriate government
agency through the California Law Enforcement Telecommunications
System (CLETS) pursuant to Section 16504.5. Within 10 calendar days
following the criminal records check conducted through CLETS, the
social worker shall ensure that a fingerprint clearance check of the
potential identified responsible adult is initiated through the
Department of Justice to ensure the accuracy of the criminal records
check conducted through CLETS and shall review the results of any
criminal records check to assess the appropriateness of the person.
The Department of Justice shall forward fingerprint requests for
federal-level criminal history information to the Federal Bureau of
Investigation pursuant to this section.   comply with
all of the following requirements:  
   (1) Meet the minimum criteria established pursuant to Section
16501.28.  
   (2) Be at least 21 years of age.  
   (3) Undergo a criminal records check in accordance with Section
1522 of the Health and Safety Code.  
   (4) Undergo a Child Abuse Central Index check pursuant to Section
11170 of the Penal Code.  
   (2) 
    (b)  An identification card from a foreign consulate or
foreign passport shall be considered a valid form of identification
for  purposes of  conducting a criminal records check and
fingerprint clearance check  under this subdivision and under
  pursuant to  subdivision  (b) 
 (a)  . 
   (b) The social worker shall also request that the Department of
Justice conduct a check of the potential identified responsible adult
within the Child Abuse Central Index pursuant to Section 11170 of
the Penal Code.  
   (c) (1) If the results of the California and federal criminal
records check indicate that the person does not have a criminal
record, the individual may serve as an identified responsible adult
to a nonminor dependent parent.  
   (2) If the results of the criminal records check indicate that the
person has a criminal record, the county may issue a criminal
records exemption. However, the county shall not grant a criminal
records exemption to a person who has been convicted of a crime
specified in Section 290 of the Penal Code, for violating Section 245
or 273.5 of the Penal Code, subdivision (b) of Section 273a of the
Penal Code, or, prior to January 1, 1994, paragraph (2) of Section
273a of the Penal Code. If a person receives a criminal records
exemption pursuant to this paragraph, he or she may serve as an
identified responsible adult to a nonminor dependent parent.
 
   (d) 
    (c)  This section shall become operative on July 1,
2015.
  SEC. 5.  Section 16501.28 is added to the Welfare and Institutions
Code, to read:
   16501.28.  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 department shall convene a working group no later than February
1, 2015, that includes representatives of the County Welfare
Directors Association and child welfare advocates to develop an
all-county letter that specifies the minimum criteria a person must
meet in order to serve as an identified responsible adult to a
nonminor dependent parent. The working group shall issue the letter
to all counties by June 30, 2015.
  SEC. 6.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.