Bill Text: CA AB885 | 2015-2016 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Foster youth.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2016-09-25 - Vetoed by Governor. [AB885 Detail]
Download: California-2015-AB885-Amended.html
Bill Title: Foster youth.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2016-09-25 - Vetoed by Governor. [AB885 Detail]
Download: California-2015-AB885-Amended.html
BILL NUMBER: AB 885 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 21, 2016
INTRODUCED BY Assembly Member Lopez
FEBRUARY 26, 2015
An act to amend Sections 388.1, 11403, and 11405 of the Welfare
and Institutions Code, relating to foster youth.
LEGISLATIVE COUNSEL'S DIGEST
AB 885, as amended, Lopez. Foster Youth.
youth.
Existing law, the California Fostering Connections to Success Act,
revises and expands the scope of various programs relating to cash
assistance and other services to and for the benefit of certain
foster and adopted children, and other children who have been placed
in out-of-home care, including children who receive Aid to Families
with Dependent Children-Foster Care (AFDC-FC), the Adoption
Assistance Program, California Work Opportunity and Responsibility to
Kids (CalWORKs), and Kinship Guardianship Assistance Payment
(Kin-GAP) benefits. Among other provisions, the act extends specified
foster care benefits to youth up to 21 years of age, if specified
conditions are met.
Existing law defines a nonminor dependent for these purposes as a
foster child who is a current dependent child or ward of the juvenile
court, or who is a nonminor under the transition jurisdiction of the
juvenile court pursuant to a voluntary reentry agreement, and in
accordance with a transitional independent living case plan who has
attained 18 years of age while under an order of foster care
placement by the juvenile court and is not older than 21 years of
age. Existing law defines a nonminor former dependent or ward as a
person who meets these criteria who reached 18 years of age while
subject to an order for foster care placement, for whom dependency,
delinquency, or transition jurisdiction has been terminated, and who
is still under the general jurisdiction of the court.
Existing
For purposes of participation in the above
-specified programs, existing law allows a juvenile court to
assume dependency jurisdiction over a nonminor former dependent
for purposes of participation in the above specified
programs who has not attained 21 years of age under
specified circumstances, including, among others, the nonminor's
former guardian or adoptive parent no longer provides ongoing support
to, and no longer receives benefits on behalf of, the nonminor after
the nonminor turns 18 years of age.
This bill would delete the requirement that the parent or
guardian former guardian or adoptive parent no
longer receive aid on behalf of the nonminor before a juvenile court
may resume dependency jurisdiction.
jurisdiction for purposes of extending foster care benefits. The bill
would also make changes to the requirement that a nonminor former
dependent child or ward be receiving AFDC-FC as one criterion for
continued eligibility to receive aid, and would instead only require
that he or she be eligible for AFDC-FC. Because the bill would
expand the application of the above county administered programs, the
bill would impose a state-mandated local program. The bill would
make other technical, nonsubstantive changes.
and conforming changes to related provisions.
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.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 388.1 of the Welfare and Institutions Code is
amended to read:
388.1. (a) On and after January 1, 2014, a nonminor who has not
attained 21 years of age may petition the court in which he or she
was previously found to be a dependent or delinquent child of the
juvenile court for a hearing to determine whether to assume
dependency jurisdiction over the nonminor, if he or she meets any of
the following descriptions:
(1) He or she is a nonminor former dependent, as defined in
subdivision (aa) of Section 11400, who received aid after attaining
18 years of age under Kin-GAP pursuant to Article 4.5 (commencing
with Section 11360) or Article 4.7 (commencing with Section 11385) of
Chapter 2 of Part 3 of Division 9, or pursuant to subdivision (e) of
Section 11405, and whose former guardian or guardians died after the
nonminor attained 18 years of age, but before he or she attains 21
years of age.
(2) He or she is a nonminor former dependent, as defined in
subdivision (aa) of Section 11400, who received aid after attaining
18 years of age under Kin-GAP pursuant to Article 4.5 (commencing
with Section 11360) or Article 4.7 (commencing with Section 11385) of
Chapter 2 of Part 3 of Division 9, or pursuant to subdivision (e) of
Section 11405, and whose former guardian or guardians no longer
provide ongoing support to the nonminor after the nonminor attained
18 years of age, but before he or she attains 21 years of age.
(3) He or she is a nonminor who received adoption assistance
payments after attaining 18 years of age pursuant to Chapter 2.1
(commencing with Section 16115) of Part 4 of Division 9 and his or
her adoptive parent or parents died after the nonminor attained 18
years of age, but before he or she attains 21 years of age.
(4) He or she is a nonminor who received adoption assistance
payments after attaining 18 years of age pursuant to Chapter 2.1
(commencing with Section 16115) of Part 4 of Division 9 and his or
her adoptive parent or parents no longer provide ongoing support to
the nonminor after the nonminor attained 18 years of age, but before
he or she attains 21 years of age.
(b) (1) The petition to assume jurisdiction may be filed in either
of the following:
(A) The juvenile court that established the guardianship pursuant
to Section 360, Section 366.26, or subdivision (d) of Section 728.
(B) The juvenile court that had jurisdiction over the minor or
nonminor dependent when his or her adoption was finalized.
(2) A nonminor described in subdivision (a) may submit a petition
to assume dependency jurisdiction to the juvenile court in the county
where he or she resides. A petition submitted pursuant to this
paragraph shall, within five days of submission, be forwarded to the
court that had jurisdiction over the child at the time of the
guardianship or adoption. The clerk of the court that had
jurisdiction over the child at the time of the guardianship or
adoption shall file the petition within one judicial day of receipt.
(c) (1) The juvenile court in which the petition was filed shall
order a hearing to be held within 15 judicial days of the date the
petition was filed if there is a prima facie showing that the
nonminor satisfies all of the following criteria:
(A) He or she was a minor under juvenile court jurisdiction at the
time of the establishment of a guardianship pursuant to Section 360,
Section 366.26, or subdivision (d) of Section 728, or he or she was
a minor or nonminor dependent when his or her adoption was finalized.
(B) (i) His or her guardian or guardians, or adoptive parent or
parents, as applicable, died after the nonminor attained 18 years of
age, but before he or she attained 21 years of age.
(ii) His or her guardian or guardians, or adoptive parent or
parents, as applicable, no longer provide ongoing support to the
nonminor after the nonminor attained 18 years of age, but before he
or she attained 21 years of age, and it may be in the nonminor's best
interest for the court to assume dependency jurisdiction.
(C) He or she intends to satisfy at least one of the conditions
set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of
Section 11403.
(D) He or she is requesting assistance in maintaining or securing
appropriate supervised placement, or needs immediate placement and
agrees to supervised placement pursuant to the voluntary reentry
agreement described in subdivision (z) of Section 11400.
(2) Upon ordering a hearing, the court shall give prior notice, or
cause prior notice to be given, to the nonminor, the appropriate
child welfare agency or probation department, the nonminor's
adoptive parent or parents, the nonminor's guardian or guardians,
and any other person requested by the nonminor in the petition.
(3) Pursuant to applicable rules of court, the juvenile court
shall allow for telephonic appearances by the nonminor in these
proceedings and in any proceeding in which the nonminor dependent is
a party.
(4) Prior to the hearing, the court shall order the county child
welfare or probation department to prepare a report for the court
that addresses both of the following:
(A) The nonminor's plans to satisfy at least one of the criteria
set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of
Section 11403.
(B) The appropriate placement setting for the nonminor. When the
recommendation is for the nonminor to be placed in a setting where
minor dependents also reside, the results of a background check of
the petitioning nonminor conducted pursuant to Section 16504.5 may be
used by the placing agency to determine appropriate placement
options for him or her.
(5) The court shall assume dependency jurisdiction over a former
dependent or ward, and order his or her placement and care be under
the responsibility of the county child welfare services department,
the probation department, tribe, consortium of tribes, or tribal
organization, if the court finds all of the following:
(A) The nonminor was a minor under juvenile court jurisdiction at
the time of the establishment of a guardianship pursuant to Section
360, Section 366.26, or subdivision (d) of Section 728, or he or she
was a dependent at the time his or her adoption was finalized.
(B) The nonminor's guardian or guardians, or adoptive parent or
parents, as applicable, have died, or no longer provide ongoing
support to the nonminor, and it is in the nonminor's best interests
for the court to assume dependency jurisdiction.
(C) The nonminor has not attained 21 years of age.
(D) Reentry and remaining in foster care are in the nonminor's
best interests.
(E) The nonminor intends to satisfy, and agrees to satisfy, at
least one of the criteria set forth in paragraphs (1) to (5),
inclusive, of subdivision (b) of Section 11403, and demonstrates his
or her agreement to placement in a supervised setting under the
placement and care responsibility of the placing agency by signing
the voluntary reentry agreement described in subdivision (z) of
Section 11400.
(6) The existence of a criminal conviction is not a bar to
eligibility for reentry to foster care or assumption of dependency
jurisdiction over a nonminor.
(7) The court shall not grant a continuance that would cause the
hearing to be completed more than 120 days after the date the
petition is filed.
(d) The agency made responsible for the nonminor's placement and
care pursuant to paragraph (5) of subdivision (c) shall prepare a new
transitional independent living case plan within 60 calendar days of
the date the nonminor signs the voluntary reentry agreement and
shall submit the plan to the court for the review hearing specified
in Section 366.31, to be held within 70 days of the assumption of
dependency jurisdiction. The review hearing under Section 366.31
shall not be held more than 170 calendar days from the date the
nonminor signs the voluntary reentry agreement.
(e) (1) A nonminor described in subdivision (a) may enter into a
voluntary reentry agreement as defined in subdivision (z) of Section
11400 in order to establish eligibility for foster care benefits
under subdivision (e) of Section 11401 before or after filing a
petition to assume dependency jurisdiction.
jurisdiction, provided the nonminor's guardian or guardians, or
adoptive parent or parents, as applicable, have died or are no longer
receiving payment on behalf of the nonminor. If the nonminor
enters into a voluntary reentry agreement prior to filing the
petition, the nonminor is entitled to placement and supervision
pending the court's assumption of jurisdiction.
(2) If the nonminor completes a voluntary reentry agreement with a
placing agency, the placing agency shall file the petition to assume
dependency jurisdiction on behalf of the nonminor within 15 judicial
days of the date the agreement is signed, unless the nonminor elects
to file the petition at an earlier date.
SEC. 2. Section 11403 of the Welfare and
Institutions Code is amended to read:
11403. (a) It is the intent of the Legislature to exercise the
option afforded states under Section 475(8) (42 U.S.C. Sec. 675(8)),
and Section 473(a)(4) (42 U.S.C. Sec. 673(a)(4)) of the federal
Social Security Act, as contained in the federal Fostering
Connections to Success and Increasing Adoptions Act of 2008 (Public
Law 110-351), to receive federal financial participation for nonminor
dependents of the juvenile court who satisfy the conditions of
subdivision (b), consistent with their transitional independent
living case plan. These nonminor dependents shall be eligible to
receive support up to 21 years of age, consistent with their
transitional independent living case plan. It is the intent of the
Legislature both at the time of initial determination of the nonminor
dependent's eligibility and throughout the time the nonminor
dependent is eligible for aid pursuant to this section, that the
social worker or probation officer or Indian tribal placing entity
and the nonminor dependent shall work together to ensure the nonminor
dependent's ongoing eligibility. All case planning shall be a
collaborative effort between the nonminor dependent and the social
worker, probation officer, or Indian tribe, with the nonminor
dependent assuming increasing levels of responsibility and
independence.
(b) A nonminor dependent receiving aid pursuant to this chapter,
who satisfies the age criteria set forth in subdivision (a), shall
meet the legal authority for placement and care by being under a
foster care placement order by the juvenile court, or the voluntary
reentry agreement as set forth in subdivision (z) of Section 11400,
and is otherwise eligible for AFDC-FC payments pursuant to Section
11401. A nonminor who satisfies the age criteria set forth in
subdivision (a), and who is otherwise eligible, shall continue to
receive CalWORKs payments pursuant to Section 11253 or, as a nonminor
former dependent or ward, aid pursuant to Kin-GAP under Article 4.5
(commencing with Section 11360) or Article 4.7 (commencing with
Section 11385) or adoption assistance payments as specified in
Chapter 2.1 (commencing with Section 16115) of Part 4. A nonminor
former dependent child or ward of the juvenile court who is otherwise
eligible to receive AFDC-FC benefits pursuant to Section 11405 and
who satisfies the criteria set forth in subdivision (a) shall
continue to be eligible to receive aid as long as the nonminor is
otherwise eligible for AFDC-FC benefits under this subdivision. This
subdivision shall apply when one or more of the following conditions
exist:
(1) The nonminor is completing secondary education or a program
leading to an equivalent credential.
(2) The nonminor is enrolled in an institution which provides
postsecondary or vocational education.
(3) The nonminor is participating in a program or activity
designed to promote, or remove barriers to employment.
(4) The nonminor is employed for at least 80 hours per month.
(5) The nonminor is incapable of doing any of the activities
described in subparagraphs (1) to (4), inclusive, due to a medical
condition, and that incapability is supported by regularly updated
information in the case plan of the nonminor. The requirement to
update the case plan under this section shall not apply to nonminor
former dependents or wards in receipt of Kin-GAP program or Adoption
Assistance Program payments.
(c) The county child welfare or probation department, Indian
tribe, consortium of tribes, or tribal organization that has entered
into an agreement pursuant to Section 10553.1, shall work together
with a nonminor dependent who is in foster care on his or her 18th
birthday and thereafter or a nonminor former dependent receiving aid
pursuant to Section 11405, to satisfy one or more of the conditions
described in paragraphs (1) to (5), inclusive, of subdivision (b) and
shall certify the nonminor's applicable condition or conditions in
the nonminor's six-month transitional independent living case plan
update, and provide the certification to the eligibility worker and
to the court at each six-month case plan review hearing for the
nonminor dependent. Relative guardians who receive Kin-GAP payments
and adoptive parents who receive adoption assistance payments shall
be responsible for reporting to the county welfare agency that the
nonminor does not satisfy at least one of the conditions described in
subdivision (b). The social worker, probation officer, or tribal
entity shall verify and obtain assurances that the nonminor dependent
continues to satisfy at least one of the conditions in paragraphs
(1) to (5), inclusive, of subdivision (b) at each six-month
transitional independent living case plan update. The six-month case
plan update shall certify the nonminor's eligibility pursuant to
subdivision (b) for the next six-month period. During the six-month
certification period, the payee and nonminor shall report any change
in placement or other relevant changes in circumstances that may
affect payment. The nonminor dependent, or nonminor former dependent
receiving aid pursuant to subdivision (e) of Section 11405, shall be
informed of all due process requirements, in accordance with state
and federal law, prior to an involuntary termination of aid, and
shall simultaneously be provided with a written explanation of how to
exercise his or her due process rights and obtain referrals to legal
assistance. Any notices of action regarding eligibility shall be
sent to the nonminor dependent or former dependent, his or her
counsel, as applicable, and the placing worker, in addition to any
other payee. Payments of aid pursuant to Kin-GAP under Article 4.5
(commencing with Section 11360) or Article 4.7 (commencing with
Section 11385), adoption assistance payments as specified in Chapter
2.1 (commencing with Section 16115) of Part 4, or aid pursuant to
subdivision (e) of Section 11405 that are made on behalf of a
nonminor former dependent shall terminate subject to the terms of the
agreements. Subject to federal approval of amendments to the state
plan, aid payments may be suspended and resumed based on changes of
circumstances that affect eligibility. Nonminor former dependents, as
identified in paragraph (2) of subdivision (aa) of Section 11400,
are not eligible for reentry under subdivision (e) of Section 388 as
nonminor dependents under the jurisdiction of the juvenile court,
unless (1) the nonminor former dependent was receiving aid pursuant
to Kin-GAP under Article 4.5 (commencing with Section 11360) or
Article 4.7 (commencing with Section 11385), or the nonminor former
dependent was receiving aid pursuant to subdivision (e) of Section
11405, or the nonminor was receiving adoption assistance payments as
specified in Chapter 2.1 (commencing with Section 16115) of Part 3
and (2) the nonminor's former guardian or adoptive parent dies, or no
longer provides ongoing support to the nonminor after the nonminor
turns 18 years of age but before the nonminor turns 21 years of age.
Nonminor former dependents requesting the resumption of AFDC-FC
payments pursuant to subdivision (e) of Section 11405 shall complete
the applicable portions of the voluntary reentry agreement, as
described in subdivision (z) of Section 11400.
(d) A nonminor dependent may receive all of the payment directly
provided that the nonminor is living independently in a supervised
placement, as described in subdivision (w) of Section 11400, and that
both the youth and the agency responsible for the foster care
placement have signed a mutual agreement, as defined in subdivision
(u) of Section 11400, if the youth is capable of making an informed
agreement, that documents the continued need for supervised
out-of-home placement, and the nonminor's and social worker's or
probation officer's agreement to work together to facilitate
implementation of the mutually developed supervised placement
agreement and transitional independent living case plan.
(e) Eligibility for aid under this section shall not terminate
until the nonminor dependent attains the age criteria, as set forth
in subdivision (a), but aid may be suspended when the nonminor
dependent no longer resides in an eligible facility, as described in
Section 11402, or is otherwise not eligible for AFDC-FC benefits
under Section 11401, or terminated at the request of the nonminor, or
after a court terminates dependency jurisdiction pursuant to Section
391, delinquency jurisdiction pursuant to Section 607.2, or
transition jurisdiction pursuant to Section 452. AFDC-FC benefits to
nonminor dependents, may be resumed at the request of the nonminor by
completing a voluntary reentry agreement pursuant to subdivision (z)
of Section 11400, before or after the filing of a petition filed
pursuant to subdivision (e) of Section 388 after a court terminates
dependency or transitional jurisdiction pursuant to Section 391, or
delinquency jurisdiction pursuant to Section 607.2. The county
welfare or probation department or Indian tribal entity that has
entered into an agreement pursuant to Section 10553.1 shall complete
the voluntary reentry agreement with the nonminor who agrees to
satisfy the criteria of the agreement, as described in subdivision
(z) of Section 11400. The county welfare department or tribal entity
shall establish a new child-only Title IV-E eligibility determination
based on the nonminor's completion of the voluntary reentry
agreement pursuant to Section 11401. The beginning date of aid for
either federal or state AFDC-FC for a reentering nonminor who is
placed in foster care is the date the voluntary reentry agreement is
signed or the nonminor is placed, whichever is later. The county
welfare department, county probation department, or tribal entity
shall provide a nonminor dependent who wishes to continue receiving
aid with the assistance necessary to meet and maintain eligibility.
(f) (1) The county having jurisdiction of the nonminor dependent
shall remain the county of payment under this section regardless of
the youth's physical residence. Nonminor former dependents receiving
aid pursuant to subdivision (e) of Section 11405 shall be paid by
their county of residence. Counties may develop courtesy supervision
agreements to provide case management and independent living services
by the county of residence pursuant to the nonminor dependent's
transitional independent living case plan. Placements made out of
state are subject to the applicable requirements of the Interstate
Compact on Placement of Children, pursuant to Part 5 (commencing with
Section 7900) of Division 12 of the Family Code.
(2) The county welfare department, county probation department, or
tribal entity shall notify all foster youth who attain 16 years of
age and are under the jurisdiction of that county or tribe, including
those receiving Kin-GAP, and AAP, of the existence of the aid
prescribed by this section.
(3) The department shall seek any waiver to amend its Title IV-E
State Plan with the Secretary of the United States Department of
Health and Human Services necessary to implement this section.
(g) (1) Subject to paragraph (3), a county shall pay the
nonfederal share of the cost of extending aid pursuant to this
section to eligible nonminor dependents who have reached 18 years of
age and who are under the jurisdiction of the county, including
AFDC-FC payments pursuant to Section 11401, aid pursuant to Kin-GAP
under Article 4.7 (commencing with Section 11385), adoption
assistance payments as specified in Chapter 2.1 (commencing with
Section 16115) of Part 4, and aid pursuant to Section 11405 for
nonminor dependents who are residing in the county as provided in
paragraph (1) of subdivision (f). A county shall contribute to the
CalWORKs payments pursuant to Section 11253 and aid pursuant to
Kin-GAP under Article 4.5 (commencing with Section 11360) at the
statutory sharing ratios in effect on January 1, 2012.
(2) Subject to paragraph (3), a county shall pay the nonfederal
share of the cost of providing permanent placement services pursuant
to subdivision (c) of Section 16508 and administering the Aid to
Families with Dependent Children Foster Care program pursuant to
Section 15204.9. For purposes of budgeting, the department shall use
a standard for the permanent placement services that is equal to the
midpoint between the budgeting standards for family maintenance
services and family reunification services.
(3) (A) (i) Notwithstanding any other law, a county's required
total contribution pursuant to paragraphs (1) and (2) shall not
exceed the amount of savings in Kin-GAP assistance grant expenditures
realized by the county from the receipt of federal funds due to the
implementation of Article 4.7 (commencing with Section 11385), and
the amount of funding specifically included in the Protective
Services Subaccount within the Support Services Account within the
Local Revenue Fund 2011, plus any associated growth funding from the
Support Services Growth Subaccount within the Sales and Use Tax
Growth Account to pay the costs of extending aid pursuant to this
section.
(ii) A county, at its own discretion, may expend additional funds
beyond the amounts identified in clause (i). These additional amounts
shall not be included in any cost and savings calculations or
comparisons performed pursuant to this section.
(B) Funding and expenditures for programs and activities under
this section shall be in accordance with the requirements provided in
Sections 30025 and 30026.5 of the Government Code. In addition, the
following are available to the counties for the purpose of funding
costs pursuant to this section:
(i) The savings in Kin-GAP assistance grant expenditures realized
from the receipt of federal funds due to the implementation of
Article 4.7 (commencing with Section 11385).
(ii) The savings realized from the change in federal funding for
adoption assistance resulting from the enactment of Public Law
110-351 and consistent with subdivision (d) of Section 16118.
(4) (A) The limit on the county's total contribution pursuant to
paragraph (3) shall be assessed by the State Department of Social
Services, in conjunction with the California State Association of
Counties, in 2015-16, to determine if it shall be removed. The
assessment of the need for the limit shall be based on a
determination on a statewide basis of whether the actual county costs
of providing extended care pursuant to this section are fully funded
by the amount of savings in Kin-GAP assistance grant expenditures
realized by the counties from the receipt of federal funds due to the
implementation of Article 4.7 (commencing with Section 11385) and
the amount of funding specifically included in the Protective
Services Subaccount within the Support Services Account within the
Local Revenue Fund 2011 plus any associated growth funding from the
Support Services Growth Subaccount within the Sales and Use Tax
Growth Account to pay the costs of extending aid pursuant to this
section.
(B) If the assessment pursuant to subparagraph (A) shows that the
statewide total costs of extending aid pursuant to this section are
fully funded by the amount of savings in Kin-GAP assistance grant
expenditures realized by the counties from the receipt of federal
funds due to the implementation of Article 4.7 (commencing with
Section 11385) and the amount of funding specifically
included in the Protective Services
Subaccount within the Support Services Account within the Local
Revenue Fund 2011 plus any associated growth funding from the Support
Services Growth Subaccount within the Sales and Use Tax Growth
Account to pay the costs of extending aid pursuant to this section,
the Department of Finance shall certify that fact, in writing, and
shall post the certification on its Internet Web site, at which time
subparagraph (A) of paragraph (3) shall no longer be implemented.
(h) It is the intent of the Legislature that no county currently
participating in the Child Welfare Demonstration Capped Allocation
Project be adversely impacted by the department's exercise of its
option to extend foster care benefits pursuant to Section 673(a)(4)
and Section 675(8) of Title 42 of the United States Code in the
federal Social Security Act, as contained in the federal Fostering
Connections to Success and Increasing Adoptions Act of 2008 (Public
Law 110-351). Therefore, the department shall negotiate with the
United States Department of Health and Human Services on behalf of
those counties that are currently participating in the demonstration
project to ensure that those counties receive reimbursement for these
new programs outside of the provisions of those counties' waiver
under Subtitle IV-E (commencing with Section 470) of the federal
Social Security Act (42 U.S.C. Sec. 670 et seq.).
(i) The department, on or before July 1, 2013, shall develop
regulations to implement this section in consultation with concerned
stakeholders, including, but not limited to, representatives of the
Legislature, the County Welfare Directors Association, the Chief
Probation Officers of California, the Judicial Council,
representatives of Indian tribes, the California Youth Connection,
former foster youth, child advocacy organizations, labor
organizations, juvenile justice advocacy organizations, foster
caregiver organizations, and researchers. In the development of these
regulations, the department shall consider its Manual of Policy and
Procedures, Division 30, Chapter 30-912, 913, 916, and 917, as
guidelines for developing regulations that are appropriate for young
adults who can exercise incremental responsibility concurrently with
their growth and development. The department, in its consultation
with stakeholders, shall take into consideration the impact to the
Automated Child Welfare Services Case Management Services (CWS-CMS)
and required modifications needed to accommodate eligibility
determination under this section, benefit issuance, case management
across counties, and recognition of the legal status of nonminor
dependents as adults, as well as changes to data tracking and
reporting requirements as required by the Child Welfare System
Improvement and Accountability Act as specified in Section 10601.2,
and federal outcome measures as required by the federal John H.
Chafee Foster Care Independence Program (42 U.S.C. Sec. 677(f)). In
addition, the department, in its consultation with stakeholders,
shall define the supervised independent living setting which shall
include, but not be limited to, apartment living, room and board
arrangements, college or university dormitories, and shared roommate
settings, and define how those settings meet health and safety
standards suitable for nonminors. The department, in its consultation
with stakeholders, shall define the six-month certification of the
conditions of eligibility pursuant to subdivision (b) to be
consistent with the flexibility provided by federal policy guidance,
to ensure that there are ample supports for a nonminor to achieve the
goals of his or her transition independent living case plan. The
department, in its consultation with stakeholders, shall ensure that
notices of action and other forms created to inform the nonminor of
due process rights and how to access them shall be developed, using
language consistent with the special needs of the nonminor dependent
population.
(j) 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 shall prepare for implementation
of the applicable provisions of this section by publishing, after
consultation with the stakeholders listed in subdivision (i),
all-county letters or similar instructions from the director by
October 1, 2011, to be effective January 1, 2012. Emergency
regulations to implement the applicable provisions of this act 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 emergency 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. 2. Section 11403 of the Welfare
and Institutions Code is amended to read:
11403. (a) It is the intent of the Legislature to exercise the
option afforded states under Section 475(8) (42 U.S.C. Sec. 675(8)),
and Section 473(a)(4) (42 U.S.C. Sec. 673(a)(4)) of the federal
Social Security Act, as contained in the federal Fostering
Connections to Success and Increasing Adoptions Act of 2008 (Public
Law 110-351), to receive federal financial participation for nonminor
dependents of the juvenile court who satisfy the conditions of
subdivision (b), consistent with their transitional independent
living case plan. Effective January 1, 2012, these
These nonminor dependents shall be
are eligible to receive support up to 19 years of
age, effective January 1, 2013, up to 20 years of age, and effective
January 1, 2014, up to until they are 21 years
of age, consistent with their transitional independent living case
plan and as described in Section 10103.5. It is the intent of the
Legislature both at the time of initial determination of the nonminor
dependent's eligibility and throughout the time the nonminor
dependent is eligible for aid pursuant to this section, that the
social worker or probation officer or Indian tribal placing entity
and the nonminor dependent shall work together to ensure the nonminor
dependent's ongoing eligibility. All case planning shall be a
collaborative effort between the nonminor dependent and the social
worker, probation officer, or Indian tribe, with the nonminor
dependent assuming increasing levels of responsibility and
independence.
(b) A nonminor dependent receiving aid pursuant to this chapter,
who satisfies the age criteria set forth in subdivision (a), shall
meet the legal authority for placement and care by being under a
foster care placement order by the juvenile court, or the voluntary
reentry agreement as set forth in subdivision (z) of Section 11400,
and is otherwise eligible for AFDC-FC payments pursuant to Section
11401. A nonminor who satisfies the age criteria set forth in
subdivision (a), and who is otherwise eligible, shall continue to
receive CalWORKs payments pursuant to Section 11253 or, as a nonminor
former dependent or ward, aid pursuant to Kin-GAP under Article 4.5
(commencing with Section 11360) or Article 4.7 (commencing with
Section 11385) or adoption assistance payments as specified in
Chapter 2.1 (commencing with Section 16115) of Part 4.
Effective January 1, 2012, a A nonminor former
dependent child or ward of the juvenile court who is
receiving otherwise eligible to receive AFDC-FC
benefits pursuant to Section 11405 and who satisfies the criteria set
forth in subdivision (a) shall continue to be eligible to
continue to receive aid as long as the nonminor
is otherwise eligible for AFDC-FC benefits under this subdivision.
This subdivision applies when one or more of the following conditions
exist:
(1) The nonminor is completing secondary education or a program
leading to an equivalent credential.
(2) The nonminor is enrolled in an institution which provides
postsecondary or vocational education.
(3) The nonminor is participating in a program or activity
designed to promote, or remove barriers to employment.
(4) The nonminor is employed for at least 80 hours per month.
(5) The nonminor is incapable of doing any of the activities
described in subparagraphs paragraphs
(1) to (4), inclusive, due to a medical condition, and that
incapability is supported by regularly updated information in the
case plan of the nonminor. The requirement to update the case plan
under this section shall not apply to nonminor former dependents or
wards in receipt of Kin-GAP program or Adoption Assistance Program
payments.
(c) The county child welfare or probation department, Indian
tribe, consortium of tribes, or tribal organization that has entered
into an agreement pursuant to Section 10553.1, shall work together
with a nonminor dependent who is in foster care on his or her 18th
birthday and thereafter or a nonminor former dependent receiving aid
pursuant to Section 11405, to satisfy one or more of the conditions
described in paragraphs (1) to (5), inclusive, of subdivision (b) and
shall certify the nonminor's applicable condition or conditions in
the nonminor's six-month transitional independent living case plan
update, and provide the certification to the eligibility worker and
to the court at each six-month case plan review hearing for the
nonminor dependent. Relative guardians who receive Kin-GAP payments
and adoptive parents who receive adoption assistance payments shall
be responsible for reporting to the county welfare agency that the
nonminor does not satisfy at least one of the conditions described in
subdivision (b). The social worker, probation officer, or tribal
entity shall verify and obtain assurances that the nonminor dependent
continues to satisfy at least one of the conditions in paragraphs
(1) to (5), inclusive, of subdivision (b) at each six-month
transitional independent living case plan update. The six-month case
plan update shall certify the nonminor's eligibility pursuant to
subdivision (b) for the next six-month period. During the six-month
certification period, the payee and nonminor shall report any change
in placement or other relevant changes in circumstances that may
affect payment. The nonminor dependent, or nonminor former dependent
receiving aid pursuant to subdivision (e) of Section 11405, shall be
informed of all due process requirements, in accordance with state
and federal law, prior to an involuntary termination of aid, and
shall simultaneously be provided with a written explanation of how to
exercise his or her due process rights and obtain referrals to legal
assistance. Any notices of action regarding eligibility shall be
sent to the nonminor dependent or former dependent, his or her
counsel, as applicable, and the placing worker, in addition to any
other payee. Payments of aid pursuant to Kin-GAP under Article 4.5
(commencing with Section 11360) or Article 4.7 (commencing with
Section 11385), adoption assistance payments as specified in Chapter
2.1 (commencing with Section 16115) of Part 4, or aid pursuant to
subdivision (e) of Section 11405 that are made on behalf of a
nonminor former dependent shall terminate subject to the terms of the
agreements. Subject to federal approval of amendments to the state
plan, aid payments may be suspended and resumed based on changes of
circumstances that affect eligibility. Nonminor former dependents, as
identified in paragraph (2) of subdivision (aa) of Section 11400,
are not eligible for reentry under subdivision (e) of Section 388 as
nonminor dependents under the jurisdiction of the juvenile court, but
may be eligible for reentry pursuant to Section 388.1 if (1) the
nonminor former dependent was receiving aid pursuant to Kin-GAP under
Article 4.5 (commencing with Section 11360) or Article 4.7
(commencing with Section 11385), the nonminor former dependent was
receiving aid pursuant to subdivision (e) of Section 11405, or the
nonminor was receiving adoption assistance payments as specified in
Chapter 2.1 (commencing with Section 16115) of Part 3, and (2) the
nonminor's former guardian or adoptive parent dies, or no longer
provides ongoing support to, and no longer receives benefits
on behalf of, to the nonminor after the
nonminor turns 18 years of age but before the nonminor turns 21 years
of age. Nonminor former dependents requesting the resumption of
AFDC-FC payments pursuant to subdivision (e) of Section 11405 shall
complete the applicable portions of the voluntary reentry agreement,
as described in subdivision (z) of Section 11400.
(d) A nonminor dependent may receive all of the payment directly
provided that the nonminor is living independently in a supervised
placement, as described in subdivision (w) of Section 11400, and that
both the youth and the agency responsible for the foster care
placement have signed a mutual agreement, as defined in subdivision
(u) of Section 11400, if the youth is capable of making an informed
agreement, that documents the continued need for supervised
out-of-home placement, and the nonminor's and social worker's or
probation officer's agreement to work together to facilitate
implementation of the mutually developed supervised placement
agreement and transitional independent living case plan.
(e) Eligibility for aid under this section shall not terminate
until the nonminor dependent attains the age criteria, as set forth
in subdivision (a), but aid may be suspended when the nonminor
dependent no longer resides in an eligible facility, as described in
Section 11402, or is otherwise not eligible for AFDC-FC benefits
under Section 11401, or terminated at the request of the nonminor, or
after a court terminates dependency jurisdiction pursuant to Section
391, delinquency jurisdiction pursuant to Section 607.2, or
transition jurisdiction pursuant to Section 452. AFDC-FC benefits to
nonminor dependents, may be resumed at the request of the nonminor by
completing a voluntary reentry agreement pursuant to subdivision (z)
of Section 11400, before or after the filing of a petition filed
pursuant to subdivision (e) of Section 388 after a court terminates
dependency or transitional jurisdiction pursuant to Section 391, or
delinquency jurisdiction pursuant to Section 607.2. The county
welfare or probation department or Indian tribal entity that has
entered into an agreement pursuant to Section 10553.1 shall complete
the voluntary reentry agreement with the nonminor who agrees to
satisfy the criteria of the agreement, as described in subdivision
(z) of Section 11400. The county welfare department or tribal entity
shall establish a new child-only Title IV-E eligibility determination
based on the nonminor's completion of the voluntary reentry
agreement pursuant to Section 11401. The beginning date of aid for
either federal or state AFDC-FC for a reentering nonminor who is
placed in foster care is the date the voluntary reentry agreement is
signed or the nonminor is placed, whichever is later. The county
welfare department, county probation department, or tribal entity
shall provide a nonminor dependent who wishes to continue receiving
aid with the assistance necessary to meet and maintain eligibility.
(f) (1) The county having jurisdiction of the nonminor dependent
shall remain the county of payment under this section regardless of
the youth's physical residence. Nonminor former dependents receiving
aid pursuant to subdivision (e) of Section 11405 shall be paid by
their county of residence. Counties may develop courtesy supervision
agreements to provide case management and independent living services
by the county of residence pursuant to the nonminor dependent's
transitional independent living case plan. Placements made out of
state are subject to the applicable requirements of the Interstate
Compact on Placement of Children, pursuant to Part 5 (commencing with
Section 7900) of Division 12 of the Family Code.
(2) The county welfare department, county probation department, or
tribal entity shall notify all foster youth who attain 16 years of
age and are under the jurisdiction of that county or tribe, including
those receiving Kin-GAP, and AAP, of the existence of the aid
prescribed by this section.
(3) The department shall seek any waiver to amend its Title IV-E
State Plan state plan with the
Secretary of the United States Department of Health and Human
Services necessary to implement this section.
(g) (1) Subject to paragraph (3), a county shall pay the
nonfederal share of the cost of extending aid pursuant to this
section to eligible nonminor dependents who have reached 18 years of
age and who are under the jurisdiction of the county, including
AFDC-FC payments pursuant to Section 11401, aid pursuant to Kin-GAP
under Article 4.7 (commencing with Section 11385), adoption
assistance payments as specified in Chapter 2.1 (commencing with
Section 16115) of Part 4, and aid pursuant to Section 11405 for
nonminor dependents who are residing in the county as provided in
paragraph (1) of subdivision (f). A county shall contribute to the
CalWORKs payments pursuant to Section 11253 and aid pursuant to
Kin-GAP under Article 4.5 (commencing with Section 11360) at the
statutory sharing ratios in effect on January 1, 2012.
(2) Subject to paragraph (3), a county shall pay the nonfederal
share of the cost of providing permanent placement services pursuant
to subdivision (c) of Section 16508 and administering the Aid to
Families with Dependent Children Foster Care program pursuant to
Section 15204.9. For purposes of budgeting, the department shall use
a standard for the permanent placement services that is equal to the
midpoint between the budgeting standards for family maintenance
services and family reunification services.
(3) (A) (i) Notwithstanding any other law, a county's required
total contribution pursuant to paragraphs (1) and (2), excluding
costs incurred pursuant to Section 10103.5, shall not exceed the
amount of savings in Kin-GAP assistance grant expenditures realized
by the county from the receipt of federal funds due to the
implementation of Article 4.7 (commencing with Section 11385), and
the amount of funding specifically included in the Protective
Services Subaccount within the Support Services Account within the
Local Revenue Fund 2011, plus any associated growth funding from the
Support Services Growth Subaccount within the Sales and Use Tax
Growth Account to pay the costs of extending aid pursuant to this
section.
(ii) A county, at its own discretion, may expend additional funds
beyond the amounts identified in clause (i). These additional amounts
shall not be included in any cost and savings calculations or
comparisons performed pursuant to this section.
(B) Beginning in the 2011-12 fiscal year, and for each
fiscal year thereafter, funding Funding
and expenditures for programs and activities under this section
shall be in accordance with the requirements provided in Sections
30025 and 30026.5 of the Government Code. In addition, the following
are available to the counties for the purpose of funding costs
pursuant to this section:
(i) The savings in Kin-GAP assistance grant expenditures realized
from the receipt of federal funds due to the implementation of
Article 4.7 (commencing with Section 11385).
(ii) The savings realized from the change in federal funding for
adoption assistance resulting from the enactment of Public
Law 110-351 the federal Fostering Connections to
Success and Increasing Adoptions Act of 2008 (Public Law 110-351)
and consistent with subdivision (d) of Section 16118.
(4) (A) The limit on the county's total contribution pursuant to
paragraph (3) shall be assessed by the State Department of Social
Services, in conjunction with the California State Association of
Counties, in 2015-16, to determine if it shall be removed. The
assessment of the need for the limit shall be based on a
determination on a statewide basis of whether the actual county costs
of providing extended care pursuant to this section, excluding costs
incurred pursuant to Section 10103.5, are fully funded by the amount
of savings in Kin-GAP assistance grant expenditures realized by the
counties from the receipt of federal funds due to the implementation
of Article 4.7 (commencing with Section 11385) and the amount of
funding specifically included in the Protective Services Subaccount
within the Support Services Account within the Local Revenue Fund
2011 plus any associated growth funding from the Support Services
Growth Subaccount within the Sales and Use Tax Growth Account to pay
the costs of extending aid pursuant to this section.
(B) If the assessment pursuant to subparagraph (A) shows that the
statewide total costs of extending aid pursuant to this section,
excluding costs incurred pursuant to Section 10103.5, are fully
funded by the amount of savings in Kin-GAP assistance grant
expenditures realized by the counties from the receipt of federal
funds due to the implementation of Article 4.7 (commencing with
Section 11385) and the amount of funding specifically included in the
Protective Services Subaccount within the Support Services Account
within the Local Revenue Fund 2011 plus any associated growth funding
from the Support Services Growth Subaccount within the Sales and Use
Tax Growth Account to pay the costs of extending aid pursuant to
this section, the Department of Finance shall certify that fact, in
writing, and shall post the certification on its Internet Web site,
at which time subparagraph (A) of paragraph (3) shall no longer be
implemented.
(h) It is the intent of the Legislature that a county currently
participating in the Child Welfare Demonstration Capped Allocation
Project not be adversely impacted by the department's exercise of its
option to extend foster care benefits pursuant to Section 673(a)(4)
and Section 675(8) of Title 42 of the United States Code in the
federal Social Security Act, as contained in the federal Fostering
Connections to Success and Increasing Adoptions Act of 2008 (Public
Law 110-351). Therefore, the department shall negotiate with the
United States Department of Health and Human Services on behalf of
those counties that are currently participating in the demonstration
project to ensure that those counties receive reimbursement for these
new programs outside of the provisions of those counties' waiver
under Subtitle IV-E (commencing with Section 470) of the federal
Social Security Act (42 U.S.C. Sec. 670 et seq.).
(i) The department, on or before July 1, 2013, shall develop
regulations to implement this section in consultation with concerned
stakeholders, including, but not limited to, representatives of the
Legislature, the County Welfare Directors Association, the Chief
Probation Officers of California, the Judicial Council,
representatives of Indian tribes, the California Youth Connection,
former foster youth, child advocacy organizations, labor
organizations, juvenile justice advocacy organizations, foster
caregiver organizations, and researchers. In the development of these
regulations, the department shall consider its Manual of Policy and
Procedures, Division 30, Chapter Chapters
30-912, 913, 916, and 917, as guidelines for developing
regulations that are appropriate for young adults who can exercise
incremental responsibility concurrently with their growth and
development. The department, in its consultation with stakeholders,
shall take into consideration the impact to the Automated
automated Child Welfare Services Case Management
Services (CWS-CMS) System (CWS/CMS)
and required modifications needed to accommodate eligibility
determination under this section, benefit issuance, case management
across counties, and recognition of the legal status of nonminor
dependents as adults, as well as changes to data tracking and
reporting requirements as required by the Child Welfare System
Improvement and Accountability Act as specified in Section 10601.2,
and federal outcome measures as required by the federal John H.
Chafee Foster Care Independence Program (42 U.S.C. Sec. 677(f)). In
addition, the department, in its consultation with stakeholders,
shall define the supervised independent living setting which shall
include, but not be limited to, apartment living, room and board
arrangements, college or university dormitories, and shared roommate
settings, and define how those settings meet health and safety
standards suitable for nonminors. The department, in its consultation
with stakeholders, shall define the six-month certification of the
conditions of eligibility pursuant to subdivision (b) to be
consistent with the flexibility provided by federal policy guidance,
to ensure that there are ample supports for a nonminor to achieve the
goals of his or her transition independent living case plan. The
department, in its consultation with stakeholders, shall ensure that
notices of action and other forms created to inform the nonminor of
due process rights and how to access them shall be developed, using
language consistent with the special needs of the nonminor dependent
population.
(j) Notwithstanding the Administrative Procedure Act,
Chapter Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, Code), the department shall
prepare for implementation of the applicable provisions of this
section by publishing, after consultation with the stakeholders
listed in subdivision (i), all-county letters or similar instructions
from the director by October 1, 2011, to be effective January 1,
2012. Emergency regulations to implement the
applicable provisions of this act may be adopted by
the director in accordance with the Administrative Procedure
Act. Act (Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government
Code). The initial adoption of the emergency regulations and
one readoption of the emergency 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 11405 of the Welfare and Institutions Code is
amended to read:
11405. (a) Except for nonminors described in paragraph (2) of
subdivision (e), AFDC-FC benefits shall be paid to an otherwise
eligible child living with a nonrelated legal guardian, provided that
the legal guardian cooperates with the county welfare department in
all of the following:
(1) Developing a written assessment of the child's needs.
(2) Updating the assessment no less frequently than once every six
months.
(3) Carrying out the case plan developed by the county.
(b) Except for nonminors described in paragraph (2) of
subdivision (e), when AFDC-FC is applied for on behalf of a child
living with a nonrelated legal guardian the county welfare department
shall do all of the following:
(1) Develop a written assessment of the child's needs.
(2) Update those assessments no less frequently than once every
six months.
(3) Develop a case plan that specifies how the problems identified
in the assessment are to be addressed.
(4) Make visits to the child as often as appropriate, but in no
event less often than once every six months.
(c) Where the child is a parent and has a child living with him or
her in the same eligible facility, the assessment required by
paragraph (1) of subdivision (a) shall include the needs of his or
her child.
(d) Nonrelated legal guardians of eligible children who are in
receipt of AFDC-FC payments described in this section shall be exempt
from the requirement to register with the Statewide Registry of
Private Professional Guardians pursuant to Sections 2850 and 2851 of
the Probate Code.
(e) (1) A nonminor youth whose nonrelated guardianship was ordered
in juvenile court pursuant to Section 360 or 366.26, and whose
dependency was dismissed, shall remain eligible for AFDC-FC benefits
until the youth attains 21 years of age, provided that the youth
enters into a mutual agreement with the agency responsible for his or
her guardianship, and the youth is meeting the conditions of
eligibility, as described in paragraphs (1) to (5), inclusive, of
subdivision (b) of Section 11403.
(2) A nonminor former dependent or ward as defined in paragraph
(2) of subdivision (aa) of Section 11400 shall be eligible for
benefits under this section until the youth attains 21 years of age
if all of the following conditions are met:
(A) The nonminor former dependent or ward attained 18 years of age
while in receipt of Kin-GAP benefits pursuant to Article 4.7
(commencing with Section 11385).
(B) The nonminor's relationship to the kinship guardian is defined
in paragraph (2), (3), or (4) of subdivision (c) of Section 11391.
(C) The nonminor who was under 16 years of age at the time the
Kin-GAP negotiated agreement payments commenced.
(D) The guardian continues to be responsible for the support of
the nonminor.
(E) The nonminor otherwise is meeting the conditions of
eligibility, as described in paragraphs (1) to (5), inclusive, of
subdivision (b) of Section 11403.
(f) A child whose nonrelated guardianship was ordered in probate
court pursuant to Article 2 (commencing with Section 1510)
of Chapter 1 of Part 2 of Division 4 of the Probate Code, who is
attending high school or the equivalent level of vocational or
technical training on a full-time basis, or who is in the process of
pursuing a high school equivalency certificate prior to his or her
18th birthday may continue to receive aid following his or her 18th
birthday as long as the child continues to reside in the guardian's
home, remains otherwise eligible for AFDC-FC benefits and continues
to attend high school or the equivalent level of vocational or
technical training on a full-time basis, or continues to pursue a
high school equivalency certificate, and the child may reasonably be
expected to complete the educational or training program or to
receive a high school equivalency certificate, before his or her 19th
birthday. Aid shall be provided to an individual pursuant to this
section provided that both the individual and the agency responsible
for the foster care placement have signed a mutual agreement, if the
individual is capable of making an informed agreement, documenting
the continued need for out-of-home placement.
(g) (1) For cases in which a guardianship was established on or
before June 30, 2011, or the date specified in a final order, for
which the time for appeal has passed, issued by a court of competent
jurisdiction in California State Foster Parent Association, et al. v.
William Lightbourne, et al. (U.S. Dist. Ct. No. C 07-05086 WHA),
whichever is earlier, the AFDC-FC payment described in this section
shall be the foster family home rate structure in effect prior to the
effective date specified in the order described in this paragraph.
(2) For cases in which guardianship has been established on or
after July 1, 2011, or the date specified in the order described in
paragraph (1), whichever is earlier, the AFDC-FC payments described
in this section shall be the basic foster family home rate set forth
in paragraph (1) of subdivision (g) of Section 11461.
(3) The AFDC-FC payments identified in this subdivision shall be
adjusted annually by the percentage change in the California
Necessities Index rate as set forth in paragraph (2) of subdivision
(g) of Section 11461.
(h) In addition to the AFDC-FC rate paid, all of the following
also shall be paid:
(1) A specialized care increment, if applicable, as set forth in
subdivision (e) of Section 11461.
(2) A clothing allowance, as set forth in subdivision (f) of
Section 11461.
(3) For a child eligible for an AFDC-FC payment who is a teen
parent, the rate shall include the two hundred dollar ($200) monthly
payment made to the relative caregiver in a whole family foster home
pursuant to paragraph (3) of subdivision (d) of Section 11465.
SEC. 4. 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.
SEC. 4. To the extent that this act has an overall
effect of increasing the costs already borne by a local agency for
programs or levels of service mandated by the 2011 Realignment
Legislation within the meaning of Section 36 of Article XIII of the
California Constitution, it shall apply to local agencies only to the
extent that the state provides annual funding for the cost increase.
Any new program or higher level of service provided by a local
agency pursuant to this act above the level for which funding has
been provided shall not require a subvention of funds by the state or
otherwise be subject to Section 6 of Article XIII B of the
California Constitution.
