Bill Text: CA AB423 | 2015-2016 | Regular Session | Amended
Bill Title: CalWORKs: relative caregivers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB423 Detail]
Download: California-2015-AB423-Amended.html
BILL NUMBER: AB 423 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 16, 2015
AMENDED IN ASSEMBLY MAY 28, 2015
AMENDED IN ASSEMBLY APRIL 23, 2015
INTRODUCED BY Assembly Member Cooley
FEBRUARY 19, 2015
An act to amend Sections 309, 361.45, 11450, 11461.3, 11465, and
11477.02 of, and to add Section 13758 to, the Welfare and
Institutions Code, relating to public social services.
LEGISLATIVE COUNSEL'S DIGEST
AB 423, as amended, Cooley. CalWORKs: relative caregivers.
Existing law requires each county to provide cash assistance and
other social services to needy families through the California Work
Opportunity and Responsibility to Kids (CalWORKs) program using
federal Temporary Assistance to Needy Families (TANF) block grant
program, state, and county funds. Existing law specifies the amounts
of cash aid to be paid each month to CalWORKs recipients.
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. Under existing law, a child who is placed in the
approved home of a relative is eligible for AFDC-FC if he or she is
eligible for federal financial participation in the AFDC-FC payment,
as specified. Existing law establishes the Approved Relative
Caregiver Funding Option Program in counties choosing to participate,
for the purpose of making the amount paid to relative caregivers for
the in-home care of children placed with them who are ineligible for
AFDC-FC payments equal to the amount paid on behalf of children who
are eligible for AFDC-FC payments.
This bill would revise provisions of the Approved Relative
Caregiver Funding Option Program to, among other things, authorize a
relative caregiver to receive payments on behalf of a child pursuant
to the program, regardless of whether the child resides, or will be
residing, outside of the participating county pursuant to his or her
placement. The bill would establish procedures for the distribution
of payments to relative caregivers, as specified. The bill would also
require that an infant supplement, as specified, be paid under the
CalWORKs program and the Approved Relative Caregiver Funding Option
Program to a teen parent who is placed with his or her child in the
home of a relative caregiver and is the subject of a voluntary
placement agreement or subject to the jurisdiction of the juvenile
court, as provided.
Under existing law, if the county welfare department places a
child who is in temporary custody or subject to the jurisdiction of
the juvenile court with a relative or nonrelative extended family
member, as defined, the county is required to evaluate and approve or
deny the home for purposes of AFDC-FC eligibility.
This bill would instead require the county, immediately following
the placement of a child in the home of a relative, to initiate an
application for CalWORKs on behalf of the child.
child using a shortened CalWORKs application and simplified
CalWORKs eligibility standards. The bill would require the
county, concurrently with initiating the application for CalWORKs, to
evaluate and approve or deny the home for purposes of AFDC-FC
eligibility, and, if the child is found to be ineligible for AFDC-FC,
would require the placing agency to initiate and complete the
applications for, and determine eligibility for, the Approved
Relative Caregiver Funding Option Program, as specified, and screen
the child for eligibility for the federal Supplemental Security
Income program. The bill would also require the county social worker
or eligibility worker to explain to the relative, either in person or
by telephone, the eligibility requirements and benefit amounts for
the AFDC-FC and CalWORKs programs, and the Approved Relative
Caregiver Funding Option Program if the county has opted into the
program, as well as any actions the relative could take to affect the
child's eligibility for those programs. By requiring county
employees to provide these services, the bill would impose a
state-mandated local program.
Existing law requires that every youth who is in foster care and
nearing emancipation be screened by the county for potential
eligibility for the federal Supplemental Security Income (SSI)
program.
This bill would require that every youth who is in foster care and
has been determined to be ineligible for AFDC-FC benefits be
screened by the county for potential eligibility for the SSI program.
By imposing this additional duty on counties, the bill would impose
a state-mandated local program.
Existing law continuously appropriates moneys from the General
Fund to defray a portion of county costs under the CalWORKs program.
This bill would instead provide that the continuous appropriation
would not be made for purposes of implementing the bill.
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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
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 309 of the Welfare and Institutions Code is
amended to read:
309. (a) Upon delivery to the social worker of a child who has
been taken into temporary custody under this article, the social
worker shall immediately investigate the circumstances of the child
and the facts surrounding the child's being taken into custody and
attempt to maintain the child with the child's family through the
provision of services. The social worker shall immediately release
the child to the custody of the child's parent, guardian, or
responsible relative, regardless of the parent's, guardian's, or
relative's immigration status, unless one or more of the following
conditions exist:
(1) The child has no parent, guardian, or responsible relative; or
the child's parent, guardian, or responsible relative is not willing
to provide care for the child.
(2) Continued detention of the child is a matter of immediate and
urgent necessity for the protection of the child and there are no
reasonable means by which the child can be protected in his or her
home or the home of a responsible relative.
(3) There is substantial evidence that a parent, guardian, or
custodian of the child is likely to flee the jurisdiction of the
court.
(4) The child has left a placement in which he or she was placed
by the juvenile court.
(5) The parent or other person having lawful custody of the child
voluntarily surrendered physical custody of the child pursuant to
Section 1255.7 of the Health and Safety Code and did not reclaim the
child within the 14-day period specified in subdivision (g) of that
section.
(b) In any case in which there is reasonable cause for believing
that a child who is under the care of a physician and surgeon or a
hospital, clinic, or other medical facility and cannot be immediately
moved and is a person described in Section 300, the child shall be
deemed to have been taken into temporary custody and delivered to the
social worker for the purposes of this chapter while the child is at
the office of the physician and surgeon or the medical facility.
(c) If the child is not released to his or her parent or guardian,
the child shall be deemed detained for purposes of this chapter.
(d) (1) If an able and willing relative, as defined in Section
319, or an able and willing nonrelative extended family member, as
defined in Section 362.7, is available and requests temporary
placement of the child pending the detention hearing, or after the
detention hearing and pending the dispositional hearing conducted
pursuant to Section 358, the county welfare department shall initiate
an assessment of the relative's or nonrelative extended family
member's suitability, which shall include an in-home inspection to
assess the safety of the home and the ability of the relative or
nonrelative extended family member to care for the child's needs, and
a consideration of the results of a criminal records check conducted
pursuant to subdivision (a) of Section 16504.5 and a check of
allegations of prior child abuse or neglect concerning the relative
or nonrelative extended family member and other adults in the home. A
relative's identification card from a foreign consulate or foreign
passport shall be considered a valid form of identification for
conducting a criminal records check and fingerprint clearance check
under this subdivision. Upon completion of this assessment, the child
may be placed in the assessed home. For purposes of this paragraph,
and except for the criminal records check conducted pursuant to
subdivision (a) of Section 16504.5, the standards used to determine
suitability shall be the same standards set forth in the regulations
for the licensing of foster family homes.
(2) (A) Immediately following the placement of a child in the home
of a relative, the county shall initiate an application for CalWORKs
pursuant to Article 2 (commencing with Section 11250) on behalf of
the child in order to ensure that the child receives funding while
eligibility determinations for other benefits are pending. The
county shall utilize the shortened CalWORKs application and
simplified CalWORKs eligibility standards that pertain to
determining a foster child's CalWORKs eligibility pursuant to
Sections 11253.4 and 11461.3. The application date for CalWORKs and
the beginning date of aid shall be the date the child was placed with
the relative. If the relative caregiver is also needy, the
relative caregiver shall be responsible for applying for CalWORKs
benefits to cover his or her own needs.
(B) Concurrently with initiating the application for CalWORKs
pursuant to this paragraph, the county welfare department shall also
evaluate and approve or deny the home for purposes of AFDC-FC
eligibility pursuant to Section 11402. The placing agency shall
initiate the application for AFDC-FC and determine eligibility. If
the child is found to be ineligible for AFDC-FC, the county shall
initiate and complete the application for, and determine eligibility
for, the Approved Relative Caregiver Funding Option Program if the
child is placed with a relative and the county has opted into the
program pursuant to Section 11461.3. If an application was
submitted for purposes of determining CalWORKs eligibility pursuant
to subparagraph (A) that contains all necessary information to
determine eligibility for the Approved Relative Caregiver Funding
Option Program, a new application need not be initiated for purposes
of complying with this subparagraph. The beginning date of aid for
the approved relative caregiver funding shall be either the date of
placement or the date of approval of the home pursuant to this
paragraph, whichever is later, but shall not be later than 30 days
after the date of placement unless the county documents the need for
additional time to complete the home approval process because of a
need to obtain additional records or documentation to
determine whether a criminal conviction can be waived, or because of
another, similar circumstance. If additional time is necessary, the
beginning date of aid for the Approved Relative Caregiver Funding
Option Program shall be the date of approval of the home, but shall
not be any later than 120 days after the date of placement. If the
child is transferring from CalWORKs to the Approved Relative
Caregiver Funding Option Program, but remains in the home of the same
relative caregiver, the effective date of program transfer is the
first of the month following the request to change programs.
(C) If the county determines that the child is not eligible for
AFDC-FC benefits, the county welfare department shall explain the
specific basis for this determination and shall screen the child for
eligibility for the federal Supplemental Security Income program in
accordance with Section 13758. The application date for
CalWORKs for the child shall be the date the child was placed with
the relative.
(3) The standards used to evaluate and grant or deny approval of
the home of the relative and of the home of a nonrelative extended
family member, as described in Section 362.7, shall be the same
standards set forth in regulations for the licensing of foster family
homes which prescribe standards of safety and sanitation for the
physical plant and standards for basic personal care, supervision,
and services provided by the caregiver.
(4) To the extent allowed by federal law, as a condition of
receiving funding under Title IV-E of the federal Social Security Act
(42 U.S.C. Sec. 670 et seq.), if a relative or nonrelative extended
family member meets all other conditions for approval, except for the
receipt of the Federal Bureau of Investigation's criminal history
information for the relative or nonrelative extended family member,
and other adults in the home, as indicated, the county welfare
department may approve the home and document that approval, if the
relative or nonrelative extended family member, and each adult in the
home, has signed and submitted a statement that he or she has never
been convicted of a crime in the United States, other than a traffic
infraction as defined in paragraph (1) of subdivision (a) of Section
42001 of the Vehicle Code. If, after the approval has been granted,
the department determines that the relative or nonrelative extended
family member or other adult in the home has a criminal record, the
approval may be terminated.
(5) If the criminal records check indicates that the person has
been convicted of a crime for which the Director of Social Services
cannot grant an exemption under Section 1522 of the Health and Safety
Code, the child shall not be placed in the home. If the criminal
records check indicates that the person has been convicted of a crime
for which the Director of Social Services may grant an exemption
under Section 1522 of the Health and Safety Code, the child shall not
be placed in the home unless a criminal records exemption has been
granted by the county based on substantial and convincing evidence to
support a reasonable belief that the person with the criminal
conviction is of such good character as to justify the placement and
not present a risk of harm to the child.
(e) (1) If the child is removed, the social worker shall conduct,
within 30 days, an investigation in order to identify and locate all
grandparents, adult siblings, and other adult relatives of the child,
as defined in paragraph (2) of subdivision (f) of Section 319,
including any other adult relatives suggested by the parents. The
social worker shall provide to all adult relatives who are located,
except when that relative's history of family or domestic violence
makes notification inappropriate, within 30 days of removal of the
child, written notification and shall also, whenever appropriate,
provide oral notification, in person or by telephone, of all the
following information:
(A) The child has been removed from the custody of his or her
parent or parents, or his or her guardians.
(B) An explanation of the various options to participate in the
care and placement of the child and support for the child's family,
including any options that may be lost by failing to respond. The
notice shall provide information about providing care for the child
while the family receives reunification services with the goal of
returning the child to the parent or guardian, how to become a foster
family home or approved relative or nonrelative extended family
member as defined in Section 362.7, and additional services and
support that are available in out-of-home placements. The notice
shall also include information regarding the Kin-GAP Program (Article
4.5 (commencing with Section 11360) of Chapter 2 of Part 3 of
Division 9), the CalWORKs program for approved relative caregivers
(Chapter 2 (commencing with Section 11200) of Part 3 of Division 9),
the Approved Relative Caregiver Funding Option Program if the county
has opted into the program under Section 11461.3, adoption, and
adoption assistance (Chapter 2.1 (commencing with Section 16115) of
Part 4 of Division 9), as well as other options for contact with the
child, including, but not limited to, visitation. The State
Department of Social Services, in consultation with the County
Welfare Directors Association of California and other interested
stakeholders, shall develop the written notice.
(2) The social worker shall also provide the adult relatives
notified pursuant to paragraph (1) with a relative information form
to provide information to the social worker and the court regarding
the needs of the child. The form shall include a provision whereby
the relative may request the permission of the court to address the
court, if the relative so chooses. The Judicial Council, in
consultation with the State Department of Social Services and the
County Welfare Directors Association of California, shall develop the
form.
(3) The social worker shall use due diligence in investigating the
names and locations of the relatives pursuant to paragraph (1),
including, but not limited to, asking the child in an age-appropriate
manner about relatives important to the child, consistent with the
child's best interest, and obtaining information regarding the
location of the child's adult relatives. Each county welfare
department shall create and make public a procedure by which
relatives of a child who has been removed from his or her parents or
guardians may identify themselves to the county welfare department
and be provided with the notices required by paragraphs (1) and (2).
(f) In addition to the notice required by subdivision (e), if a
relative requests placement of the child, the county social worker or
eligibility worker shall explain to the relative, either in person
or by telephone, the eligibility requirements and benefit amounts for
the AFDC-FC and CalWORKs programs, and the Approved Relative
Caregiver Funding Option Program if the county has opted into the
program under Section 11461.3, as well as any actions the relative
could take to affect the child's eligibility for those programs.
SEC. 2. Section 361.45 of the Welfare and Institutions Code is
amended to read:
361.45. (a) Notwithstanding any other law, when the sudden
unavailability of a foster caregiver requires a change in placement
on an emergency basis for a child who is under the jurisdiction of
the juvenile court pursuant to Section 300, if an able and willing
relative, as defined in Section 319, or an able and willing
nonrelative extended family member, as defined in Section 362.7, is
available and requests temporary placement of the child pending
resolution of the emergency situation, the county welfare department
shall initiate an assessment of the relative's or nonrelative
extended family member's suitability, which shall include an in-home
inspection to assess the safety of the home and the ability of the
relative or nonrelative extended family member to care for the child'
s needs, and a consideration of the results of a criminal records
check conducted pursuant to Section 16504.5 and a check of
allegations of prior child abuse or neglect concerning the relative
or nonrelative extended family member and other adults in the home.
Upon completion of this assessment, the child may be placed in the
assessed home. For purposes of this paragraph, and except for the
criminal records check conducted pursuant to Section 16504.5, the
standards used to determine suitability shall be the same standards
set forth in the regulations for the licensing of foster family
homes.
(b) (1) Immediately following the placement of a child in the home
of a relative, the county shall initiate an application for CalWORKs
pursuant to Article 2 (commencing with Section 11250) on behalf of
the child in order to ensure that the child receives funding while
eligibility determinations for other benefits are pending. The
county shall utilize the shortened CalWORKs application and
simplified CalWORKs eligibility standards that pertain to determining
a foster child's CalWORKs eligibility pursuant to Sections 11253.4
and 11461.3. The application date for CalWORKs and the beginning date
of aid shall be the date the child was placed with the relative.
If the relative caregiver is also needy, the relative caregiver
shall be responsible for applying for CalWORKs benefits to cover his
or her own needs.
(2) Concurrently with initiating the application for CalWORKs
pursuant to this subdivision, the county welfare department shall
also evaluate and approve or deny the home for purposes of AFDC-FC
eligibility pursuant to Section 11402. The placing agency shall
initiate the application for AFDC-FC and determine eligibility. If
the child is found to be ineligible for AFDC-FC, the county shall
initiate and complete the application for, and determine eligibility
for, the Approved Relative Caregiver Funding Option Program if the
child is placed with a relative and the county has opted into the
program pursuant to Section 11461.3. If an application was
submitted for purposes of determining CalWORKs eligibility pursuant
to subparagraph (A) that contains all necessary information to
determine eligibility for the Approved Relative Caregiver Funding
Option Program, a new application need not be initiated for purposes
of complying with this subparagraph. The beginning date of aid for
the approved relative caregiver funding shall be either the date of
placement or the date of approval of the home pursuant to
paragraph (2) of subdivision (d) of Section 309, whichever is later,
but shall not be later than 30 days after the date of placement
unless the county documents the need for additional time to complete
the home approval process because of a need to obtain additional
records or documentation to determine whether a criminal conviction
can be waived, or because of another, similar circumstance. If
additional time is necessary, the beginning date of aid for the
Approved Relative Caregiver Funding Option Program shall be the date
of approval of the home, but shall not be any later than 120 days
after the date of placement. If the child is transferring from
CalWORKs to the Approved Relative Caregiver Funding Option Program,
but remains in the home of the same relative caregiver, the effective
date of program transfer is the first of the month following the
request to change programs.
(3) If the county determines that the child is not eligible for
AFDC-FC benefits, the county welfare department shall explain the
specific basis for this determination and shall screen the child for
eligibility for the federal Supplemental Security Income program in
accordance with Section 13758. The application date for
CalWORKs for the child shall be the date the child was placed with
the relative.
(c) The standards used to evaluate and grant or deny approval of
the home of the relative and of the home of a nonrelative extended
family member, as described in Section 362.7, shall be the same
standards set forth in regulations for the licensing of foster family
homes which prescribe standards of safety and sanitation for the
physical plant and standards for basic personal care, supervision,
and services provided by the caregiver.
(d) If a relative or nonrelative extended family member, and other
adults in the home, as indicated, meets all other conditions for
approval, except for the receipt of the Federal Bureau of
Investigation's criminal history information for the relative or
nonrelative extended family member, the county welfare department may
approve the home and document that approval, if the relative or
nonrelative extended family member, and each adult in the home, has
signed and submitted a statement that he or she has never been
convicted of a crime in the United States, other than a traffic
infraction as defined in paragraph (1) of subdivision (a) of Section
42001 of the Vehicle Code. If, after the approval has been granted,
the department determines that the relative or nonrelative extended
family member or other adult in the home has a criminal record, the
approval may be terminated.
(e) (1) If a nonminor dependent, as defined in subdivision (v) of
Section 11400, is placed in the home of a relative or nonrelative
extended family member, the home shall be approved using the same
standards set forth in regulations as described in Section 1502.7 of
the Health and Safety Code.
(2) The department, in consultation with representatives of the
Legislature, the County Welfare Directors Association, the Chief
Probation Officers of California, the California Youth Connection,
the Judicial Council, former foster youth, child advocacy
organizations, dependency counsel for children, juvenile justice
advocacy organizations, foster caregiver organizations, labor
organizations, and representatives of Indian tribes, shall revise
regulations regarding health and safety standards for approving
relative homes in which nonminor dependents, as defined in
subdivision (v) of Section 11400, of the juvenile court are placed
under the responsibility of the county welfare or probation
department, or an Indian tribe that entered into an agreement
pursuant to Section 10553.1.
(3) Notwithstanding 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, in consultation with the
stakeholders listed in paragraph (2), shall prepare for
implementation of the applicable provisions of this section by
publishing all-county letters or similar instructions from the
director by October 1, 2011, to be effective January 1, 2012.
Emergency regulations to implement this section may be adopted by the
director in accordance with the Administrative Procedure Act. The
initial adoption of the emergency regulations and one readoption of
the initial regulations shall be deemed to be an emergency and
necessary for the immediate preservation of the public peace, health,
safety, or general welfare. Initial emergency regulations and the
first readoption of those emergency regulations shall be exempt from
review by the Office of Administrative Law. The emergency regulations
authorized by this section shall be submitted to the Office of
Administrative Law for filing with the Secretary of State and shall
remain in effect for no more than 180 days.
SEC. 3. Section 11450 of the Welfare and Institutions Code, as
added by Section 4 of Chapter 632 of the Statutes of 2014, is amended
to read:
11450. (a) (1) (A) Aid shall be paid for each needy family, which
shall include all eligible brothers and sisters of each eligible
applicant or recipient child and the parents of the children, but
shall not include unborn children, or recipients of aid under Chapter
3 (commencing with Section 12000), qualified for aid under this
chapter. In determining the amount of aid paid, and notwithstanding
the minimum basic standards of adequate care specified in Section
11452, the family's income, exclusive of any amounts considered
exempt as income or paid pursuant to subdivision (e) or Section
11453.1, determined for the prospective semiannual period pursuant to
Sections 11265.1, 11265.2, and 11265.3, and then calculated pursuant
to Section 11451.5, shall be deducted from the sum specified in the
following table, as adjusted for cost-of-living increases pursuant to
Section 11453 and paragraph (2). In no case shall the amount of aid
paid for each month exceed the sum specified in the following table,
as adjusted for cost-of-living increases pursuant to Section 11453
and paragraph (2), plus any special needs, as specified in
subdivisions (c), (e), (f), and (g):
Number
of
eligible
needy
persons
in Maximum
the same home aid
1.............................. $ 326
2.............................. 535
3.............................. 663
4.............................. 788
5.............................. 899
6.............................. 1,010
7.............................. 1,109
8.............................. 1,209
9.............................. 1,306
10 or more...................... 1,403
(B) If, when, and during those times that the United States
government increases or decreases its contributions in assistance of
needy children in this state above or below the amount paid on July
1, 1972, the amounts specified in the above table shall be increased
or decreased by an amount equal to that increase or decrease by the
United States government, provided that no increase or decrease shall
be subject to subsequent adjustment pursuant to Section 11453.
(2) The sums specified in paragraph (1) shall not be adjusted for
cost of living for the 1990-91, 1991-92, 1992-93, 1993-94, 1994-95,
1995-96, 1996-97, and 1997-98 fiscal years, and through October 31,
1998, nor shall that amount be included in the base for calculating
any cost-of-living increases for any fiscal year thereafter.
Elimination of the cost-of-living adjustment pursuant to this
paragraph shall satisfy the requirements of Section 11453.05, and no
further reduction shall be made pursuant to that section.
(b) (1) When the family does not include a needy child qualified
for aid under this chapter, aid shall be paid to a pregnant child who
is 18 years of age or younger at any time after verification of
pregnancy, in the amount that would otherwise be paid to one person,
as specified in subdivision (a), if the child and her child, if born,
would have qualified for aid under this chapter. Verification of
pregnancy shall be required as a condition of eligibility for aid
under this subdivision.
(2) Notwithstanding paragraph (1), when the family does not
include a needy child qualified for aid under this chapter, aid shall
be paid to a pregnant woman 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, in the amount that would
otherwise be paid to one person, as specified in subdivision (a), if
the woman and child, if born, would have qualified for aid under this
chapter. Verification of pregnancy shall be required as a condition
of eligibility for aid under this subdivision.
(3) Paragraph (1) shall apply only when the Cal-Learn Program is
operative.
(c) The amount of forty-seven dollars ($47) per month shall be
paid to pregnant women qualified for aid under subdivision (a) or (b)
to meet special needs resulting from pregnancy if the woman and
child, if born, would have qualified for aid under this chapter.
County welfare departments shall refer all recipients of aid under
this subdivision to a local provider of the Women, Infants, and
Children program. If that payment to pregnant women qualified for aid
under subdivision (a) is considered income under federal law in the
first five months of pregnancy, payments under this subdivision shall
not apply to persons eligible under subdivision (a), except for the
month in which birth is anticipated and for the three-month period
immediately prior to the month in which delivery is anticipated, if
the woman and child, if born, would have qualified for aid under this
chapter.
(d) For children receiving AFDC-FC under this chapter, there shall
be paid, exclusive of any amount considered exempt as income, an
amount of aid each month that, when added to the child's income, is
equal to the rate specified in Section 11460, 11461, 11462, 11462.1,
or 11463. In addition, the child shall be eligible for special needs,
as specified in departmental regulations.
(e) In addition to the amounts payable under subdivision (a) and
Section 11453.1, a family shall be entitled to receive an allowance
for recurring special needs not common to a majority of recipients.
These recurring special needs shall include, but not be limited to,
special diets upon the recommendation of a physician for
circumstances other than pregnancy, and unusual costs of
transportation, laundry, housekeeping services, telephone, and
utilities. The recurring special needs allowance for each family per
month shall not exceed that amount resulting from multiplying the sum
of ten dollars ($10) by the number of recipients in the family who
are eligible for assistance.
(f) After a family has used all available liquid resources, both
exempt and nonexempt, in excess of one hundred dollars ($100), with
the exception of funds deposited in a restricted account described in
subdivision (a) of Section 11155.2, the family shall also be
entitled to receive an allowance for nonrecurring special needs.
(1) An allowance for nonrecurring special needs shall be granted
for replacement of clothing and household equipment and for emergency
housing needs other than those needs addressed by paragraph (2).
These needs shall be caused by sudden and unusual circumstances
beyond the control of the needy family. The department shall
establish the allowance for each of the nonrecurring special needs
items. The sum of all nonrecurring special needs provided by this
subdivision shall not exceed six hundred dollars ($600) per event.
(2) (A) Homeless assistance is available to a homeless family
seeking shelter when the family is eligible for aid under this
chapter. Homeless assistance for temporary shelter is also available
to homeless families that are apparently eligible for aid under this
chapter. Apparent eligibility exists when evidence presented by the
applicant, or that is otherwise available to the county welfare
department, and the information provided on the application documents
indicate that there would be eligibility for aid under this chapter
if the evidence and information were verified. However, an alien
applicant who does not provide verification of his or her eligible
alien status, or a woman with no eligible children who does not
provide medical verification of pregnancy, is not apparently eligible
for purposes of this section.
(B) A family is considered homeless, for the purpose of this
section, when the family lacks a fixed and regular nighttime
residence; or the family has a primary nighttime residence that is a
supervised publicly or privately operated shelter designed to provide
temporary living accommodations; or the family is residing in a
public or private place not designed for, or ordinarily used as, a
regular sleeping accommodation for human beings. A family is also
considered homeless for the purpose of this section if the family has
received a notice to pay rent or quit. The family shall demonstrate
that the eviction is the result of a verified financial hardship as a
result of extraordinary circumstances beyond their control, and not
other lease or rental violations, and that the family is experiencing
a financial crisis that could result in homelessness if preventative
assistance is not provided.
(3) (A) (i) A nonrecurring special needs benefit of sixty-five
dollars ($65) a day shall be available to families of up to four
members for the costs of temporary shelter, subject to the
requirements of this paragraph. The fifth and additional members of
the family shall each receive fifteen dollars ($15) per day, up to a
daily maximum of one hundred twenty-five dollars ($125). County
welfare departments may increase the daily amount available for
temporary shelter as necessary to secure the additional bedspace
needed by the family.
(ii) This special needs benefit shall be granted or denied
immediately upon the family's application for homeless assistance,
and benefits shall be available for up to three working days. The
county welfare department shall verify the family's homelessness
within the first three working days and if the family meets the
criteria of questionable homelessness established by the department,
the county welfare department shall refer the family to its early
fraud prevention and detection unit, if the county has such a unit,
for assistance in the verification of homelessness within this
period.
(iii) After homelessness has been verified, the three-day limit
shall be extended for a period of time which, when added to the
initial benefits provided, does not exceed a total of 16 calendar
days. This extension of benefits shall be done in increments of one
week and shall be based upon searching for permanent housing which
shall be documented on a housing search form, good cause, or other
circumstances defined by the department. Documentation of a housing
search shall be required for the initial extension of benefits beyond
the three-day limit and on a weekly basis thereafter as long as the
family is receiving temporary shelter benefits. Good cause shall
include, but is not limited to, situations in which the county
welfare department has determined that the family, to the extent it
is capable, has made a good faith but unsuccessful effort to secure
permanent housing while receiving temporary shelter benefits.
(B) (i) A nonrecurring special needs benefit for permanent housing
assistance is available to pay for last month's rent and security
deposits when these payments are reasonable conditions of securing a
residence, or to pay for up to two months of rent arrearages, when
these payments are a reasonable condition of preventing eviction.
(ii) The last month's rent or monthly arrearage portion of the
payment (I) shall not exceed 80 percent of the family's total monthly
household income without the value of CalFresh benefits or special
needs benefit for a family of that size and (II) shall only be made
to families that have found permanent housing costing no more than 80
percent of the family's total monthly household income without the
value of CalFresh benefits or special needs benefit for a family of
that size.
(iii) However, if the county welfare department determines that a
family intends to reside with individuals who will be sharing housing
costs, the county welfare department shall, in appropriate
circumstances, set aside the condition specified in subclause (II) of
clause (ii).
(C) The nonrecurring special needs benefit for permanent housing
assistance is also available to cover the standard costs of deposits
for utilities which are necessary for the health and safety of the
family.
(D) A payment for or denial of permanent housing assistance shall
be issued no later than one working day from the time that a family
presents evidence of the availability of permanent housing. If an
applicant family provides evidence of the availability of permanent
housing before the county welfare department has established
eligibility for aid under this chapter, the county welfare department
shall complete the eligibility determination so that the denial of
or payment for permanent housing assistance is issued within one
working day from the submission of evidence of the availability of
permanent housing, unless the family has failed to provide all of the
verification necessary to establish eligibility for aid under this
chapter.
(E) (i) Except as provided in clauses (ii) and (iii), eligibility
for the temporary shelter assistance and the permanent housing
assistance pursuant to this paragraph shall be limited to one period
of up to 16 consecutive calendar days of temporary assistance and one
payment of permanent assistance. Any family that includes a parent
or nonparent caretaker relative living in the home who has previously
received temporary or permanent homeless assistance at any time on
behalf of an eligible child shall not be eligible for further
homeless assistance. Any person who applies for homeless assistance
benefits shall be informed that the temporary shelter benefit of up
to 16 consecutive days is available only once in a lifetime, with
certain exceptions, and that a break in the consecutive use of the
benefit constitutes permanent exhaustion of the temporary benefit.
(ii) A family that becomes homeless as a direct and primary result
of a state or federally declared natural disaster shall be eligible
for temporary and permanent homeless assistance.
(iii) A family shall be eligible for temporary and permanent
homeless assistance when homelessness is a direct result of domestic
violence by a spouse, partner, or roommate; physical or mental
illness that is medically verified that shall not include a diagnosis
of alcoholism, drug addiction, or psychological stress; or, the
uninhabitability of the former residence caused by sudden and unusual
circumstances beyond the control of the family including natural
catastrophe, fire, or condemnation. These circumstances shall be
verified by a third-party governmental or private health and human
services agency, except that domestic violence may also be verified
by a sworn statement by the victim, as provided under Section
11495.25. Homeless assistance payments based on these specific
circumstances may not be received more often than once in any
12-month period. In addition, if the domestic violence is verified by
a sworn statement by the victim, the homeless assistance payments
shall be limited to two periods of not more than 16 consecutive
calendar days of temporary assistance and two payments of permanent
assistance. A county may require that a recipient of homeless
assistance benefits who qualifies under this paragraph for a second
time in a 24-month period participate in a homelessness avoidance
case plan as a condition of eligibility for homeless assistance
benefits. The county welfare department shall immediately inform
recipients who verify domestic violence by a sworn statement of the
availability of domestic violence counseling and services, and refer
those recipients to services upon request.
(iv) If a county requires a recipient who verifies domestic
violence by a sworn statement to participate in a homelessness
avoidance case plan pursuant to clause (iii), the plan shall include
the provision of domestic violence services, if appropriate.
(v) If a recipient seeking homeless assistance based on domestic
violence pursuant to clause (iii) has previously received homeless
avoidance services based on domestic violence, the county shall
review whether services were offered to the recipient and consider
what additional services would assist the recipient in leaving the
domestic violence situation.
(vi) The county welfare department shall report necessary data to
the department through a statewide homeless assistance payment
indicator system, as requested by the department, regarding all
recipients of aid under this paragraph.
(F) The county welfare departments, and all other entities
participating in the costs of the CalWORKs program, have the right in
their share to any refunds resulting from payment of the permanent
housing. However, if an emergency requires the family to move within
the 12-month period specified in subparagraph (E), the family shall
be allowed to use any refunds received from its deposits to meet the
costs of moving to another residence.
(G) Payments to providers for temporary shelter and permanent
housing and utilities shall be made on behalf of families requesting
these payments.
(H) The daily amount for the temporary shelter special needs
benefit for homeless assistance may be increased if authorized by the
current year's Budget Act by specifying a different daily allowance
and appropriating the funds therefor.
(I) No payment shall be made pursuant to this paragraph unless the
provider of housing is a commercial establishment, shelter, or
person in the business of renting properties who has a history of
renting properties.
(g) A child who has been removed from his or her home and detained
or placed in the home of a relative caregiver and is the subject of
a petition filed under Section 300, 601, or 602, or is the subject of
a voluntary placement agreement, as defined in subdivision (p) of
Section 11400, and who is a teen parent whose child is living in the
same home or placement, shall also receive an infant supplement, in
an amount determined in the manner provided in subdivision (b) of
Section 11465 for a child in a foster family home.
(h) The department shall establish rules and regulations ensuring
the uniform statewide application of this section.
(i) The department shall notify all applicants and recipients of
aid through the standardized application form that these benefits are
available and shall provide an opportunity for recipients to apply
for the funds quickly and efficiently.
(j) (1) Except for the purposes of Section 15200, the amounts
payable to recipients pursuant to Section 11453.1 shall not
constitute part of the payment schedule set forth in subdivision (a).
(2) The amounts payable to recipients pursuant to Section 11453.1
shall not constitute income to recipients of aid under this section.
(k) For children receiving Kin-GAP pursuant to Article 4.5
(commencing with Section 11360) or Article 4.7 (commencing with
Section 11385) there shall be paid, exclusive of any amount
considered exempt as income, an amount of aid each month, which, when
added to the child's income, is equal to the rate specified in
Sections 11364 and 11387.
(l) (1) A county shall implement the semiannual reporting
requirements in accordance with Chapter 501 of the Statutes of 2011
no later than October 1, 2013.
(2) Upon completion of the implementation described in paragraph
(1), each county shall provide a certificate to the director
certifying that semiannual reporting has been implemented in the
county.
(3) Upon filing the certificate described in paragraph (2), a
county shall comply with the semiannual reporting provisions of this
section.
SEC. 4. Section 11461.3 of the Welfare and
Institutions Code is amended to read:
11461.3. (a) (1) The Legislature recognizes the importance of
approved relative caregivers to the state's child welfare system.
Relative placements are the most utilized type of foster placement in
California. In establishing the Approved Relative Caregiver Funding
Option Program pursuant to this section, the Legislature intends to
ensure that children placed with relatives are able to access state
funding in an equal amount and in a similar manner to children in
other types of foster placements.
(2) The Approved Relative Caregiver Funding Option Program is
hereby established for the purpose of making the amount paid to
approved relative caregivers for the in-home care of children placed
with them who are ineligible for AFDC-FC payments equal to the amount
paid on behalf of children who are eligible for AFDC-FC payments.
This is an optional program for counties choosing to participate, and
in so doing, participating counties agree to the terms of this
section as a condition of their participation. It is the intent of
the Legislature that the funding described in paragraph (1) of
subdivision (e) for the Approved Relative Caregiver Funding Option
Program be appropriated, and available for use from January through
December of each year, unless otherwise specified.
(b) Subject to subdivision (c), effective January 1, 2015,
counties shall pay an approved relative caregiver a per child per
month rate in return for the care and supervision, as defined in
subdivision (b) of Section 11460, of a child that is placed with the
relative caregiver that is equal to the basic rate paid to foster
care providers pursuant to subdivision (g) of Section 11461, if both
of the following conditions are met:
(1) The county with payment responsibility has notified the
department in writing by October 1 of the year before participation
begins of its decision to participate in the Approved Relative
Caregiver Funding Option Program.
(2) The related child placed in the home meets all of the
following requirements:
(A) The child resides in the State of California.
(B) The child is described by subdivision (b), (c), or (e) of
Section 11401 and the county welfare department or the county
probation department is responsible for the placement and care of the
child.
(C) The child is not eligible for AFDC-FC while placed with the
approved relative caregiver because the child is not eligible for
federal financial participation in the AFDC-FC payment.
(c) A county's election to participate in the Approved Relative
Caregiver Funding Option Program shall affirmatively indicate that
the county understands and agrees to all of the following conditions:
(1) Commencing October 1, 2014, the county shall notify the
department in writing of its decision to participate in the Approved
Relative Caregiver Funding Option Program. Failure to make timely
notification, without good cause as determined by the department,
shall preclude the county from participating in the program for the
upcoming year. Annually thereafter, any county not presently
participating who elects to do so shall notify the department in
writing no later than October 1 of its decision to participate for
the upcoming calendar year.
(2) The county shall confirm that it will make per child per month
payments to all approved relative caregivers on behalf of eligible
children in the amount specified in subdivision (b) for the duration
of the participation of the county in this program.
(3) The county shall confirm that it will be solely responsible to
pay any additional costs needed to make all payments pursuant to
subdivision (b) if the state and federal funds allocated to the
Approved Relative Caregiver Funding Option Program pursuant to
paragraph (1) of subdivision (e) are insufficient to make all
eligible payments.
(d) (1) A county deciding to opt out of the Approved Relative
Caregiver Funding Option Program shall provide at least 120 days'
prior written notice of that decision to the department.
Additionally, the county shall provide at least 90 days' prior
written notice to the approved relative caregiver or caregivers
informing them that his or her per child per month payment will be
reduced and the date that the reduction will occur.
(2) The department shall presume all counties have opted out of
the Approved Relative Caregiver Funding Option Program if the funding
appropriated in subclause (II) of clause (i) of subparagraph (B) of
paragraph (1) of subdivision (e), including any additional funds
appropriated pursuant to clause (ii) of subparagraph (B) of paragraph
(1) of subdivision (e), is reduced, unless a county notifies the
department in writing of its intent to opt in within 60 days of
enactment of the State Budget. The counties shall provide at least 90
days' prior written notice to the approved relative caregiver or
caregivers informing them that his or her per child per month payment
will be reduced, and the date that the reduction will occur.
(3) Any reduction in payments received by an approved relative
caregiver on behalf of a child under this section that results from a
decision by a county, including the presumed opt out pursuant to
paragraph (2), to not participate in the Approved Relative Caregiver
Funding Option Program shall be exempt from state hearing
jurisdiction under Section 10950.
(e) (1) The following funding shall be used for the Approved
Relative Caregiver Funding Option Program:
(A) The applicable regional per-child CalWORKs grant.
(B) (i) General Fund resources that do not count toward the state'
s maintenance of effort requirements under Section 609(a)(7)(B)(i) of
Title 42 of the United States Code. For this purpose, the following
money is hereby appropriated:
(I) The sum of thirty million dollars ($30,000,000) from the
General Fund for the period January 1, 2015, through December 31,
2015.
(II) The sum of thirty million dollars ($30,000,000) from the
General Fund in each calendar year thereafter, as cumulatively
adjusted annually by the California Necessities Index used for each
May Revision of the Governor's Budget, to be used in each respective
calendar year.
(ii) To the extent that the appropriation made in subclause (I) is
insufficient to fully fund the base caseload of approved relative
caregivers as of July 1, 2014, for the period of time described in
subclause (I), as jointly determined by the department and the County
Welfare Directors' Association and approved by the Department of
Finance on or before October 1, 2015, the amounts specified in
subclauses (I) and (II) shall be increased in the respective amounts
necessary to fully fund that base caseload. Thereafter, the adjusted
amount of subclause (II), and the other terms of that provision,
including an annual California Necessities Index adjustment to its
amount, shall apply.
(C) County funds only to the extent required under paragraph (3)
of subdivision (c).
(D) This section is intended to appropriate the funding necessary
to fully fund the base caseload of approved relative caregivers,
defined as the number of approved relative caregivers caring for a
child who is not eligible to receive AFDC-FC payments, as of July 1,
2014.
(2) Funds available pursuant to subparagraphs (A) and (B) of
paragraph (1) shall be allocated to participating counties
proportionate to the number of their approved relative caregiver
placements, using a methodology and timing developed by the
department, following consultation with county human services
agencies and their representatives.
(3) Notwithstanding subdivision (c), if in any calendar year the
entire amount of funding appropriated by the state for the Approved
Relative Caregiver Funding Option Program has not been fully
allocated to or utilized by counties, a county that has paid any
funds pursuant to subparagraph (C) of paragraph (1) of subdivision
(e) may request reimbursement for those funds from the department.
The authority of the department to approve the requests shall be
limited by the amount of available unallocated funds.
(4) Receipt of funding through the Approved Relative Caregiver
Funding Option Program shall begin immediately upon a finding that
the child is not eligible for AFDC-FC pursuant to subdivision (a) of
Section 11404 and initiation of payment shall not be dependent upon
completion of any application. To the extent that an application or
other information is required to determine county share of costs or
for the utilization of CalWORKs funding, the county shall complete
that application, or provide that information, on behalf of the
relative caregiver.
(f) An approved relative caregiver receiving payments on behalf of
a child pursuant to this section shall not be eligible to receive
additional CalWORKs payments on behalf of the same child under
Section 11450.
(g) To the extent permitted by federal law, payments received by
the approved relative caregiver from the Approved Relative Caregiver
Funding Option Program shall not be considered income for the purpose
of determining other public benefits.
(h) Prior to referral of any individual or recipient, or that
person's case, to the local child support agency for child support
services pursuant to Section 17415 of the Family Code, the county
human services agency shall determine if an applicant or recipient
has good cause for noncooperation, as set forth in Section 11477.04.
If the applicant or recipient claims good cause exception at any
subsequent time to the county human services agency or the local
child support agency, the local child support agency shall suspend
child support services until the county social services agency
determines the good cause claim, as set forth in Section 11477.04. If
good cause is determined to exist, the local child support agency
shall suspend child support services until the applicant or recipient
requests their resumption, and shall take other measures that are
necessary to protect the applicant or recipient and the children. If
the applicant or recipient is the parent of the child for whom aid is
sought and the parent is found to have not cooperated without good
cause as provided in Section 11477.04, the applicant's or recipient's
family grant shall be reduced by 25 percent for the time the failure
to cooperate lasts.
(i) Consistent with Section 17552 of the Family Code, if aid is
paid under this chapter on behalf of a child who is under the
jurisdiction of the juvenile court and whose parent or guardian is
receiving reunification services, the county human services agency
shall determine, prior to referral of the case to
the local child support agency for
child support services, whether the referral is in the best interest
of the child, taking into account both of the following:
(1) Whether the payment of support by the parent will pose a
barrier to the proposed reunification in that the payment of support
will compromise the parent's ability to meet the requirements of the
parent's reunification plan.
(2) Whether the payment of support by the parent will pose a
barrier to the proposed reunification in that the payment of support
will compromise the parent's current or future ability to meet the
financial needs of the child.
(j) An approved relative caregiver may receive payments on behalf
of a child who meets the requirements of paragraph (2) of subdivision
(b), regardless of whether the child resides, or will be residing,
outside of the county of jurisdiction pursuant to his or her
placement. The county of jurisdiction shall be responsible for
providing the Approved Relative Caregiver Funding Option payment to
the relative caregiver.
(k) A child who has been removed from his or her home and detained
or placed in the home of a relative caregiver and is the subject of
a petition filed under Section 300, 601, or 602, or is the subject of
a voluntary placement agreement, as defined in subdivision (p) of
Section 11400, and who is a teen parent whose child is living in the
same home or placement, shall also receive an infant supplement, in
an amount determined in the manner provided in subdivision (b) of
Section 11465 for a child in a foster family home.
SEC. 4. Section 11461.3 of the Welfare
and Institutions Code is amended to read:
11461.3. (a) (1) The Legislature
recognizes the importance of approved relative caregivers to the
state's child welfare system. Relative placements are the most
utilized type of foster placement in California. In establishing the
Approved Relative Caregiver Funding Option Program pursuant to this
section, the Legislature intends to ensure that children placed with
relatives are able to access state funding in an equal amount and in
a similar manner to children in other types of foster placements.
(2) The Approved Relative Caregiver Funding
Option Program is hereby established for the purpose of making the
amount paid to approved relative caregivers for the in-home care of
children placed with them who are ineligible for AFDC-FC payments
equal to the amount paid on behalf of children who are eligible for
AFDC-FC payments. This is an optional program for counties choosing
to participate, and in so doing, participating counties agree to the
terms of this section as a condition of their participation. It is
the intent of the Legislature that the funding described in paragraph
(1) of subdivision (g) for the Approved Relative Caregiver Funding
Option Program be appropriated, and available for use from January
through December of each year, unless otherwise specified.
(b) Subject to subdivision (e), effective January 1, 2015,
participating counties shall pay an approved relative caregiver a per
child per month rate in return for the care and supervision, as
defined in subdivision (b) of Section 11460, of a child that is
placed with the relative caregiver that is equal to the basic rate
paid to foster care providers pursuant to subdivision (g) of Section
11461, if both of the following conditions are met:
(1) The county with payment responsibility has notified the
department in writing by October 1 of the year before participation
begins of its decision to participate in the Approved Relative
Caregiver Funding Option Program.
(2) The related child placed in the home meets all of the
following requirements:
(A) The child resides in California.
(B) The child is described by subdivision (b), (c), or (e) of
Section 11401 and the county welfare department or the county
probation department is responsible for the placement and care of the
child.
(C) The child is not eligible for AFDC-FC while placed with the
approved relative caregiver because the child is not eligible for
federal financial participation in the AFDC-FC payment.
(c) Any income or benefits received by an eligible child or the
approved relative caregiver on behalf of the eligible child that
would be offset against the basic rate paid to a foster care provider
pursuant to subdivision (g) of Section 11461, shall be offset from
any funds that are not CalWORKs funds paid to the approved relative
caregiver pursuant to this section.
(d) Participating counties shall recoup an overpayment in the
Approved Relative Caregiver Funding Option Program received by an
approved relative caregiver using the standards and processes for
overpayment recoupment that are applicable to overpayments to an
approved home of a relative, as specified in Section 11466.24.
Recouped overpayments shall not be subject to remittance to the
federal government. Any overpaid funds that are collected by the
participating counties shall be remitted to the state after
subtracting both of the following:
(1) An amount not to exceed the county share of the CalWORKs
portion of the Approved Relative Caregiver Funding Option Program
payment, if any.
(2) Any other county funds that were included in the Approved
Relative Caregiver Funding Option Program payment.
(e) A county's election to participate in the Approved Relative
Caregiver Funding Option Program shall affirmatively indicate that
the county understands and agrees to all of the following conditions:
(1) Commencing October 1, 2014, the county shall notify the
department in writing of its decision to participate in the Approved
Relative Caregiver Funding Option Program. Failure to make timely
notification, without good cause as determined by the department,
shall preclude the county from participating in the program for the
upcoming calendar year. Annually thereafter, any county not already
participating who elects to do so shall notify the department in
writing no later than October 1 of its decision to participate for
the upcoming calendar year.
(2) The county shall confirm that it will make per child per month
payments to all approved relative caregivers on behalf of eligible
children in the amount specified in subdivision (b) for the duration
of the participation of the county in this program.
(3) The county shall confirm that it will be solely responsible to
pay any additional costs needed to make all payments pursuant to
subdivision (b) if the state and federal funds allocated to the
Approved Relative Caregiver Funding Option Program pursuant to
paragraph (1) of subdivision(g) are insufficient to make all eligible
payments.
(f) (1) A county deciding to opt out of the Approved Relative
Caregiver Funding Option Program shall provide at least 120 days'
prior written notice of that decision to the department.
Additionally, the county shall provide at least 90 days' prior
written notice to the approved relative caregiver or caregivers
informing them that his or her per child per month payment will be
reduced and the date that the reduction will occur.
(2) The department shall presume that all counties have opted out
of the Approved Relative Caregiver Funding Option Program if the
funding appropriated for the current 12-month period is reduced below
the amount specified in subparagraph (B), subparagraph (C), or
subparagraph (D) of paragraph(2) of subdivision (g) for that 12-month
period, unless a county notifies the department in writing of its
intent to opt in within 60 days of enactment of the State Budget. The
counties shall provide at least 90 days' prior written notice to the
approved relative caregiver or caregivers informing them that his or
her per child per month payment will be reduced, and the date that
reduction will occur.
(3) Any reduction in payments received by an approved relative
caregiver on behalf of a child under this section that results from a
decision by a county, including the presumed opt-out pursuant to
paragraph (2), to not participate in the Approved Relative Caregiver
Funding Option Program shall be exempt from state hearing
jurisdiction under Section 10950.
(4) Receipt of funding through the Approved Relative Caregiver
Funding Option Program shall begin immediately upon a finding that
the child is not eligible for AFDC-FC pursuant to subdivision (a) of
Section 11404 and approval of the home, consistent with the
requirements of subparagraph (B) of paragraph (2) of subdivision (d)
of Section 309. To the extent that an application or other
information is required to determine county share of costs or for the
utilization of CalWORKs funding, the county shall complete that
application, or provide that information, on behalf of the relative
caregiver, to the extent possible, prior to requesting information
from the relative caregiver. If an application was submitted for
purposes of determining CalWORKs eligibility pursuant to subparagraph
(A) of paragraph (2) of subdivision (d) of Section 309 or paragraph
(1) of subdivision (b) of Section 361.45 that contains all necessary
information to determine eligibility for the Approved Relative
Caregiver Funding Option Program, a new application need not be
initiated.
(g) (1) The following funding shall be used for the Approved
Relative Caregiver Funding Option Program:
(A) The applicable regional per-child CalWORKs grant, in
accordance with subdivision (a) of Section 11253.4.
(B) General Fund resources, as appropriated in paragraph (2).
(C) County funds only to the extent required under paragraph (3)
of subdivision (e).
(D) Funding described in subparagraphs (A) and (B) is intended to
fully fund the base caseload of approved relative caregivers, which
is defined as the number of approved relative caregivers caring for a
child who is not eligible to receive AFDC-FC payments, as of July 1,
2014.
(2) The following amount is hereby appropriated from the General
Fund as follows:
(A) The sum of fifteen million dollars ($15,000,000), for the
period of January 1, 2015, to June 30, 2015, inclusive.
(B) For the period of July 1, 2015, to June 30, 2016, inclusive,
there shall be appropriated an amount equal to the sum of all of the
following:
(i) Two times the amount appropriated pursuant to subparagraph
(A), inclusive of any increase pursuant to paragraph (3).
(ii) The amount necessary to increase or decrease the CalWORKs
funding associated with the base caseload described in subparagraph
(D) of paragraph (1) to reflect any change from the prior fiscal year
in the applicable regional per-child CalWORKs grant described in
subparagraph (A) of paragraph (1).
(iii) The additional amount necessary to fully fund the base
caseload described in subparagraph (D) of paragraph (1), reflective
of the annual California Necessities Index increase to the basic rate
paid to foster care providers.
(C) For every 12-month period thereafter, commencing with the
period of July 1, 2016, to June 30, 2017, inclusive, the sum of all
of the following shall be appropriated for purposes of this section:
(i) The total General Fund amount provided pursuant to this
paragraph for the previous 12-month period.
(ii) The amount necessary to increase or decrease the CalWORKs
funding associated with the base caseload described in subparagraph
(D) of paragraph (1) to reflect any change from the prior fiscal year
in the applicable regional per-child CalWORKs grant described in
subparagraph (A) of paragraph (1).
(iii) The additional amount necessary to fully fund the base
caseload described in subparagraph (D) of paragraph (1), reflective
of the annual California Necessities Index increase to the basic rate
paid to foster care providers.
(D) Notwithstanding clauses (ii) and (iii) of subparagraph (B)
and clauses (ii) and (iii) of subparagraph (C), the total General
Fund appropriation made pursuant to subparagraph (B) shall not be
less than the greater of the following amounts:
(i) Thirty million dollars ($30,000,000).
(ii) Two times the amount appropriated pursuant to subparagraph
(A), inclusive of any increase pursuant to paragraph (3).
(3) To the extent that the appropriation made by subparagraph (A)
of paragraph (2) is insufficient to fully fund the base caseload of
approved relative caregivers as of July 1, 2014, as described in
subparagraph (D) of paragraph (1), for the period of January 1, 2015,
to June 30, 2015, inclusive, as jointly determined by the department
and the County Welfare Directors' Association and approved by the
Department of Finance on or before October 1, 2015, the amount
specified in subparagraph (A) of paragraph (2) shall be increased by
the amount necessary to fully fund that base caseload.
(4) Funds available pursuant to paragraph (2) shall be allocated
to participating counties proportionate to the number of their
approved relative caregiver placements, using a methodology and
timing developed by the department, following consultation with
county human services agencies and their representatives.
(5) Notwithstanding subdivision (e), if in any calendar year the
entire amount of funding appropriated by the state for the Approved
Relative Caregiver Funding Option Program has not been fully
allocated to or utilized by participating counties, a participating
county that has paid any funds pursuant to subparagraph (C) of
paragraph (1) of subdivision (g) may request reimbursement for those
funds from the department. The authority of the department to approve
the requests shall be limited by the amount of available unallocated
funds.
(h) An approved relative caregiver receiving payments on behalf of
a child pursuant to this section shall not be eligible to receive
additional CalWORKs payments on behalf of the same child under
Section 11450.
(i) To the extent permitted by federal law, payments received by
the approved relative caregiver from the Approved Relative Caregiver
Funding Option Program shall not be considered income for the purpose
of determining other public benefits.
(j) Prior to referral of any individual or recipient, or that
person's case, to the local child support agency for child support
services pursuant to Section 17415 of the Family Code, the county
human services agency shall determine if an applicant or recipient
has good cause for noncooperation, as set forth in Section 11477.04.
If the applicant or recipient claims good cause exception at any
subsequent time to the county human services agency or the local
child support agency, the local child support agency shall suspend
child support services until the county social services agency
determines the good cause claim, as set forth in Section 11477.04. If
good cause is determined to exist, the local child support agency
shall suspend child support services until the applicant or recipient
requests their resumption, and shall take other measures that are
necessary to protect the applicant or recipient and the children. If
the applicant or recipient is the parent of the child for whom aid is
sought and the parent is found to have not cooperated without good
cause as provided in Section 11477.04, the applicant's or recipient's
family grant shall be reduced by 25 percent for the time the failure
to cooperate lasts.
(k) Consistent with Section 17552 of the Family Code, if aid is
paid under this chapter on behalf of a child who is under the
jurisdiction of the juvenile court and whose parent or guardian is
receiving reunification services, the county human services agency
shall determine, prior to referral of the case to the local child
support agency for child support services, whether the referral is in
the best interest of the child, taking into account both of the
following:
(1) Whether the payment of support by the parent will pose a
barrier to the proposed reunification in that the payment of support
will compromise the parent's ability to meet the requirements of the
parent's reunification plan.
(2) Whether the payment of support by the parent will pose a
barrier to the proposed reunification in that the payment of support
will compromise the parent's current or future ability to meet the
financial needs of the child.
(l) An approved relative caregiver may receive payments on behalf
of a child who meets the requirements of paragraph (2) of subdivision
(b), regardless of whether the child resides, or will be residing,
outside of the county of jurisdiction pursuant to his or her
placement. The county of jurisdiction shall be responsible for
providing the Approved Relative Caregiver Funding Option payment to
the relative caregiver.
(m) A child who has been removed from his or her home and detained
or placed in the home of a relative caregiver and is the subject of
a petition filed under Section 300, 601, or 602, or is the subject of
a voluntary placement agreement, as defined in subdivision (p) of
Section 11400, and who is a teen parent whose child is living in the
same home or placement, shall also receive an infant supplement, in
an amount determined in the manner provided in subdivision (b) of
Section 11465 for a child in a foster family home.
SEC. 5. 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, Approved Relative Caregiver Funding Option Program benefits,
or Kin-GAP benefits, the rate paid to the provider on behalf of the
parent shall include an infant supplement to cover the cost of 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, 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.
(7) An Approved Relative Funding Option Program relative or a
CalWORKs relative may be designated as a whole family foster home.
SEC. 6. Section 11477.02 of the Welfare and Institutions Code is
amended to read:
11477.02. (a) Prior to referral of any individual or recipient,
or that person's case, to the local child support agency for child
support services under Section 17400 or 17404 of the Family Code, the
county welfare department shall determine if an applicant or
recipient has good cause for noncooperation, as set forth in Section
11477.04. If the applicant or recipient claims a good cause exception
at any subsequent time to the county welfare department or the local
child support agency, the local child support agency shall suspend
child support services until the county welfare department determines
the good cause claim, as set forth in Section 11477.04. If good
cause is determined to exist, the local child support agency shall
suspend child support services until the applicant or recipient
requests their resumption, and shall take such other measures as are
necessary to protect the applicant or recipient and the children. If
the applicant or recipient is the parent of the child for whom aid is
sought and the parent is found to have not cooperated without good
cause as provided in Section 11477.04, the applicant's or recipient's
family grant shall be reduced by 25 percent for such time as the
failure to cooperate lasts.
(b) Consistent with Section 17552 of the Family Code, if aid is
paid under this chapter on behalf of a child who is under the
jurisdiction of the juvenile court and whose parent or guardian is
receiving reunification services, the county welfare department shall
determine, prior to referral of the case to the local child support
agency for child support services, whether the referral is in the
best interest of the child, taking into account both of the
following:
(1) Whether the payment of support by the parent will pose a
barrier to the proposed reunification in that the payment of support
will compromise the parent's ability to meet the requirements of the
parent's reunification plan.
(2) Whether the payment of support by the parent will pose a
barrier to the proposed reunification in that the payment of support
will compromise the parent's current or future ability to meet the
financial needs of the child.
SEC. 7. Section 13758 is added to the Welfare and Institutions
Code, to read:
13758. (a) Every youth who is in foster care and has been
determined to be ineligible for AFDC-FC benefits shall be screened by
the county for potential eligibility for the federal Supplemental
Security Income program utilizing the best practice guidelines
developed pursuant to Section 13752. The screening shall not
occur any later than 120 days after the child is placed or upon
concluding that the child is ineligible for AFDC-FC benefits,
whichever is later.
(b) An application shall be submitted to the federal Social
Security Administration on behalf of a youth who is screened as being
likely to be eligible for federal Supplemental Security Income
benefits.
SEC. 8. An appropriation pursuant to Section 15200 of the Welfare
and Institutions Code shall not be made for purposes of implementing
this act.
SEC. 9. To the extent that this act has an overall effect of
increasing certain 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.
However, if the Commission on State Mandates determines that this
act contains other 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.
No reimbursement is required by this act pursuant to Section 6 of
Article XIII B of the California Constitution for certain costs that
may be incurred by a local agency or school district because, in that
regard, this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or
infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this
act contains other 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.
