Bill Text: CA AB985 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: California Global Warming Solutions Act of 2006: market-based compliance mechanisms.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2014-08-04 - Withdrawn from committee. Re-referred to Com. on RLS. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS. [AB985 Detail]
Download: California-2013-AB985-Amended.html
Bill Title: California Global Warming Solutions Act of 2006: market-based compliance mechanisms.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2014-08-04 - Withdrawn from committee. Re-referred to Com. on RLS. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS. [AB985 Detail]
Download: California-2013-AB985-Amended.html
BILL NUMBER: AB 985 AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 4, 2013 INTRODUCED BY Assembly Member Cooley FEBRUARY 22, 2013 An act to amend Sections 11363 and 16120 of, and to repeal Section 11403.01 of , the Welfare and Institutions Code, relating toCalWORKspublic social services . LEGISLATIVE COUNSEL'S DIGEST AB 985, as amended, Cooley.Aid to families with dependent children.Guardianship and adoption assistance. Existing law, through the Kinship Guardianship Assistance Payment Program(Kin-GAP)(state -funded Kin-GAP) , which is a part of the CalWORKs program, providesaidstate -funded assistance on behalf of eligible children who are placed in the home of a relative caretaker. Under existing law, state -funded Kin-GAP aid is provided on behalf ofany child under 18 years of age and toany eligible youth under 21 years of age who meets specified requirements, including that his or her Kin-GAP payments began after his or her 16th birthday and he or she is completing secondary education or a program leading to an equivalent credential. Existing law also allows a nonminor whose state -funded Kin-GAP payments began before his or her 16th birthday to continue to receive Kin-GAP aid after his or her 18th birthday if the child continues to reside in the relative's home, remains otherwise eligible for Kin-GAP payments, 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. Existing law, through the Kinship Guardianship Assistance Payments for Children program (federally funded Kin-GAP), provides federally funded assistance on behalf of eligible children who are placed in the home of a relative caretaker. Under federal law, a child who is between 18 and 21 years of age is eligible for federally funded Kin-GAP assistance if he or she meets specified requirements, including that his or her federally funded Kin-GAP payments commenced after his or her 16th birthday. This bill wouldadditionallyinstead authorize a nonminor whose state -funded Kin-GAP payments b egan prior to his or her 16th birthday to receive state -funded Kin-GAP benefits if he or she is 21 years of age or younger and meets any of certain criteria, including, among others, that he or she attends a postsecondary institution of higher education or is employed at least 80 hours per month.The bill would also authorize a nonminor in high school or a General Education Development program to continue to receive aid if he or she is reasonably expected to complete the educational program by his or her 20th birthday.The bill would also authorize a youth who has attained 18 years of age while receiving federally funded Kin-GAP benefits and is no longer eligible for those federally funded benefits to receive Kin-GAP payments under the state program if the youth meets specified requirements. By expanding eligibility for state -funded Kin-GAP and increasing county responsibilities in administering the program, this bill would impose a state-mandated local program. Existing law establishes the Adoption Assistance Program for the purpose of benefitting children residing in foster homes by providing the stability and security of permanent homes. Under existing law, a child who is between 18 and 21 years of age is eligible for the program if he or she was 16 years of age or older when the adoption assistance agreement became effective. Federal law similarly authorizes a child who is between 18 and 21 years of age to receive adoption assistance if adoption assistance began after the child reached 16 years of age. This bill would authorize a child whose adoption assistance benefits began prior to his or her 16th birthday to receive state-funded adoption assistance until he or she is 21 years of age, if the child meets specified criteria. Existing law continuously appropriates moneys from the General Fund to defray a portion of county aid grant costs under the CalWORKs program. This bill would declare that no appropriation would be made for purposes of 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 11363 of the Welfare and Institutions Code is amended to read: 11363. (a) Aid in the form of state-funded Kin-GAP shall be provided under this article on behalf of any child under 18 years of age and to any eligible youth under1921 years of age as provided in Section 11403, who satisfies all of the following conditions: (1) Has been adjudged a dependent child of the juvenile court pursuant to Section 300,or, effective October 1, 2006,a ward of the juvenile court pursuant to Section 601 or 602. (2) Has been residing for at least six consecutive months in the approved home of the prospective relative guardian while under the jurisdiction of the juvenile court or a voluntary placement agreement. (3) Has had a kinship guardianship established pursuant to Section 360 or 366.26. (4) Has had his or her dependency jurisdiction terminated after January 1, 2000, pursuant to Section 366.3, or his or her wardship terminated pursuant to subdivision (d) of Section 728, concurrently or subsequently to the establishment of the kinship guardianship. (b) If the conditions specified in subdivision (a) are met and, subsequent to the termination of dependency jurisdiction, any parent or person having an interest files with the juvenile court a petition pursuant to Section 388 to change, modify, or set aside an order of the court, Kin-GAP payments shall continue unless and until the juvenile court, after holding a hearing, orders the child removed from the home of the guardian, terminates the guardianship, or maintains dependency jurisdiction after the court concludes the hearing on the petition filed under Section 388. (c) A child or nonminor former dependent or ward shall be eligible for Kin-GAP payments if he or she meets one of the following age criteria: (1) He or she is under 18 years of age. (2) He or she is under 21 years of age and has a physical or mental disability that warrants the continuation of assistance.(3) Through December 31, 2011, he or she satisfies the conditions of Section 11403, and on and after January 1, 2012, he or she satisfies the conditions of Section 11403.01.(4)(3) He or she satisfies the conditionsasdescribed in either paragrap h (1) or (2) of subdivision (d).(d) Commencing January 1, 2012, state-funded Kin-GAP payments shall continue for youths who have attained 18 years of age and who are under 19 years of age, if they reached 16 years of age before the Kin-GAP negotiated agreement payments commenced, and as described in Section 10103.5. Effective January 1, 2013, Kin-GAP payments shall continue for youths who have attained 18 years of age and are under 20 years of age, if they reached 16 years of age before the Kin-GAP negotiated agreement payments commenced, and as described in Section 10103.5. Effective January 1, 2014, Kin-GAP(d) (1) Kin-GAP payments shall continue for youths who have attained 18 years of age and are under 21 years of age, ifthey reached 16 years of age before the Kin-GAP negotiated agreement payments commenced. To be eligible for continued payments, the youth shall satisfythe relative guardian continues to be responsible for the support of the youth and the youth meets one or more of the conditions specified in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403. (2) A youth who has attained 18 years of age while receiving federally funded Kin-GAP benefits pursuant to Article 4.7 (commencing with Section 11385), but is no longer eligible for benefits under that program, 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 youth's relationship to the kinship guardian is defined in paragraph (1) of subdivision (c) of Section 11391. (B) The youth was under 16 years of age at the commencement of the Kin-GAP payments under Article 4.7 (commencing with Section 11385) and does not have a mental or physical disability that warrants the continuation of assistance. (C) The guardian continues to be responsible for the support of the youth. (D) The youth meets one or more of the conditions of eligibility described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403. (e) Termination of the guardianship with a kinship guardian shall terminate eligibility for Kin-GAP unless the conditions in Section 11403 apply; provided, however, that if an alternate guardian or coguardian is appointed pursuant to Section 366.3 who is also a kinship guardian, the alternate or coguardian shall be entitled to receive Kin-GAP on behalf of the child pursuant to this article. A new period of six months of placement with the alternate guardian or coguardian shall not be required if that alternate guardian or coguardian has been assessed pursuant to Sections 361.3 and 361.4 and the court terminates dependency jurisdiction. SEC. 2. Section 11403.01 of the Welfare and Institutions Code is repealed.11403.01. On and after January 1, 2012, a nonminor who is receiving Kin-GAP benefits under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) and whose Kin-GAP payments began prior to the child's 16th birthday and who is receiving aid pursuant to those articles, and who is attending high school or the equivalent level of vocational or technical training on a full-time basis, or is in the process of pursuing a high school equivalency certificate, prior to his or her 18th birthday, may continue to receive aid under those articles following his or her 18th birthday so long as the child continues to reside in the relative's home, remains otherwise eligible for Kin-GAP payments, 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 related guardianship 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.SEC. 3. Section 16120 of the Welfare and Institutions Code is amended to read: 16120. A child shall be eligible for Adoption Assistance Program benefits if all of the conditions specified in subdivisions (a) to (l), inclusive, are met or if the conditions specified in subdivision (m) are met. (a) It has been determined that the child cannot or should not be returned to the home of his or her parents as evidenced by a petition for termination of parental rights, a court order terminating parental rights, or a signed relinquishment, or, in the case of a tribal customary adoption, if the court has given full faith and credit to a tribal customary adoption order as provided for pursuant to paragraph (2) of subdivision (e) of Section 366.26, or, in the case of a nonminor dependent the court has dismissed dependency or transitional jurisdiction subsequent to the approval of the nonminor dependent, adoption petition pursuant to subdivision (f) of Section 366.31. (b) The child has at least one of the following characteristics that are barriers to his or her adoption: (1) Adoptive placement without financial assistance is unlikely because of membership in a sibling group that should remain intact or by virtue of race, ethnicity, color, language, age of three years or older, or parental background of a medical or behavioral nature that can be determined to adversely affect the development of the child. (2) Adoptive placement without financial assistance is unlikely because the child has a mental, physical, emotional, or medical disability that has been certified by a licensed professional competent to make an assessment and operating within the scope of his or her profession. This paragraph shall also apply to children with a developmental disability, as defined in subdivision (a) of Section 4512, including those determined to require out-of-home nonmedical care, as described in Section 11464. (c) The need for an adoption subsidy is evidenced by an unsuccessful search for an adoptive home to take the child without financial assistance, as documented in the case file of the prospective adoptive child. The requirement for this search shall be waived when it would be against the best interest of the child because of the existence of significant emotional ties with prospective adoptive parents while in the care of these persons as a foster child. (d) The child satisfies any of the following criteria: (1) He or she is under 18 years of age. (2) He or she is under 21 years of age and has a mental or physical handicap that warrants the continuation of assistance.(3) Effective January 1, 2012, he or she is under 19 years of age, effective January 1, 2013, he or she is under 20 years of age, and effective January 1, 2014, he or she is under 21 years of age and as described in Section 10103.5, and has attained 16 years of age before the adoption assistance agreement became effective, and one or more of the conditions specified in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403 applies.(3) For federally funded Adoption Assistance Program benefits, he or she has attained 18 years of age and is under 21 years of age, attained 16 years of age before the adoption assistance agreement became effective, and meets one or more of the conditions of eligibility described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403. (4) For state-funded Adoption Assistance Program benefits, he or she has attained 18 years of age and is under 21 years of age, and meets one or more of the conditions of eligibility described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403. (e) The adoptive family is responsible for the child pursuant to the terms of an adoptive placement agreement or a final decree of adoption and has signed an adoption assistance agreement. (f) The adoptive family is legally responsible for the support of the child and the child is receiving support from the adoptive parent. (g) The department or the county responsible for determining the child's Adoption Assistance Program eligibility status and for providing financial aid, and the prospective adoptive parent, prior to or at the time the adoption decree is issued by the court, have signed an adoption assistance agreement that stipulates the need for, and the amount of, Adoption Assistance Program benefits. (h) The prospective adoptive parent or any adult living in the prospective adoptive home has completed the criminal background check requirements pursuant to Section 671(a)(20)(A) and (C) of Title 42 of the United States Code. (i) To be eligible for state funding, the child is the subject of an agency adoption, as defined in Section 8506 of the Family Code, and was any of the following: (1) Under the supervision of a county welfare department as the subject of a legal guardianship or juvenile court dependency. (2) Relinquished for adoption to a licensed California private or public adoption agency, or another public agency operating a Title IV-E program on behalf of the state, and would have otherwise been at risk of dependency as certified by the responsible public child welfare agency. (3) Committed to the care of the department pursuant to Section 8805 or 8918 of the Family Code. (4) The child is an Indian child and the subject of an order of adoption based on tribal customary adoption of an Indian child, as described in Section 366.24. Notwithstanding Section 8600.5 of the Family Code, for purposes of this subdivision a tribal customary adoption shall be considered an agency adoption. (j) To be eligible for federal funding, in the case of a child who is not an applicable child for the federal fiscal year as defined in subdivision (n), the child satisfies any of the following criteria: (1) Prior to the finalization of an agency adoption, as defined in Section 8506 of the Family Code, or an independent adoption, as defined in Section 8524 of the Family Code, is filed, the child has met the requirements to receive federal supplemental security income benefits pursuant to Subchapter 16 (commencing with Section 1381) of Chapter 7 of Title 42 of the United States Code, as determined and documented by the federal Social Security Administration. (2) The child was removed from the home of a specified relative and the child would have been AFDC eligible in the home of removal according to Section 606(a) or 607 of Title 42 of the United States Code, as those sections were in effect on July 16, 1996, in the month of the voluntary placement agreement or in the month court proceedings are initiated to remove the child, resulting in a judicial determination that continuation in the home would be contrary to the child's welfare. The child must have been living with the specified relative from whom he or she was removed within six months of the month the voluntary placement agreement was signed or the petition to remove was filed. (3) The child was voluntarily relinquished to a licensed public or private adoption agency, or another public agency operating a Title IV-E program on behalf of the state, and there is a petition to the court to remove the child from the home within six months of the time the child lived with a specified relative and a subsequent judicial determination that remaining in the home would be contrary to the child's welfare. (4) Title IV-E foster care maintenance was paid on behalf of the child's minor parent and covered the cost of the minor parent's child while the child was in the foster family home or child care institution with the minor parent. (5) The child is an Indian child and the subject of an order of adoption based on tribal customary adoption of an Indian child, as described in Section 366.24. (k) To be eligible for federal funding, in the case of a child who is an applicable child for the federal fiscal year, as defined in subdivision (n), the child meets any of the following criteria: (1) At the time of initiation of adoptive proceedings was in the care of a public or licensed private child placement agency or Indian tribal organization pursuant to either of the following: (A) An involuntary removal of the child from the home in accordance with a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child. (B) A voluntary placement agreement or a voluntary relinquishment. (2) He or she meets all medical or disability requirements of Title XVI with respect to eligibility for supplemental security income benefits. (3) He or she was residing in a foster family home or a child care institution with the child's minor parent, and the child's minor parent was in the foster family home or child care institution pursuant to either of the following: (A) An involuntary removal of the child from the home in accordance with a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child. (B) A voluntary placement agreement or voluntary relinquishment. (4) The child is an Indian child and the subject of an order of adoption based on tribal customary adoption of an Indian child, as described in Section 366.24. (5) The nonminor dependent, as described in subdivision (v) of Section 11400, is the subject of an adoption pursuant to subdivision (f) of Section 366.31. (l) The child is a citizen of the United States or a qualified alien as defined in Section 1641 of Title 8 of the United States Code. If the child is a qualified alien who entered the United States on or after August 22, 1996, and is placed with an unqualified alien, the child must meet the five-year residency requirement pursuant to Section 673(a)(2)(B) of Title 42 of the United States Code, unless the child is a member of one of the excepted groups pursuant to Section 1612(b) of Title 8 of the United States Code. (m) A child shall be eligible for Adoption Assistance Program benefits if the following conditions are met: (1) The child received Adoption Assistance Program benefits with respect to a prior adoption and the child is again available for adoption because the prior adoption was dissolved and the parental rights of the adoptive parents were terminated or because the child's adoptive parents died and the child meets the special needs criteria described in subdivisions (a) to (c), inclusive. (2) To receive federal funding, the citizenship requirements in subdivision (l). (n) (1) Except as provided in this subdivision, "applicable child" means a child for whom an adoption assistance agreement is entered into under this section during any federal fiscal year described in this subdivision if the child attained the applicable age for that federal fiscal year before the end of that federal fiscal year. (A) For federal fiscal year 2010, the applicable age is 16 years. (B) For federal fiscal year 2011, the applicable age is 14 years. (C) For federal fiscal year 2012, the applicable age is 12 years. (D) For federal fiscal year 2013, the applicable age is 10 years. (E) For federal fiscal year 2014, the applicable age is eight years. (F) For federal fiscal year 2015, the applicable age is six years. (G) For federal fiscal year 2016, the applicable age is four years. (H) For federal fiscal year 2017, the applicable age is two years. (I) For federal fiscal year 2018 and thereafter, any age. (2) Beginning with the 2010 federal fiscal year, the term "applicable child" shall include a child of any age on the date on which an adoption assistance agreement is entered into on behalf of the child under this section if the child meets both of the following criteria: (A) He or she has been in foster care under the responsibility of the state for at least 60 consecutive months. (B) He or she meets the requirements of subdivision (k). (3) Beginning with the 2010 federal fiscal year, an applicable child shall include a child of any age on the date that an adoption assistance agreement is entered into on behalf of the child under this section, without regard to whether the child is described in paragraph (2), if the child meets all of the following criteria: (A) He or she is a sibling of a child who is an applicable child for the federal fiscal year, under subdivision (n) or paragraph (2). (B) He or she is to be placed in the same adoption placement as an "applicable child" for the federal fiscal year who is their sibling. (C) He or she meets the requirements of subdivision (k).SECTION 1.Section 11403.01 of the Welfare and Institutions Code is amended to read: 11403.01. (a) A nonminor who is receiving Kin-GAP benefits under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) and whose Kin-GAP payments began prior to the child's 16th birthday and who is receiving aid pursuant to those articles, may continue to receive aid pursuant to those articles if the nonminor is 21 years of age or younger and meets any one of the following requirements: (1) Attends high school or the equivalent level of vocational or technical training on a full-time basis, or is in the process of pursuing a high school equivalency certificate, prior to his or her 18th birthday, if the child continues to reside in the relative's home, remains otherwise eligible for Kin-GAP payments, and continues to attend high school or a General Education Development (GED) program 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 program or to receive a high school equivalency certificate, before his or her 20th birthday. (2) Attends a postsecondary institution of higher education or an educational program leading to an equivalent credential. (3) Is enrolled in an institution that provides vocational education. (4) Participates in a program or activity designed to promote, or remove barriers to, employment. (5) Is employed at least 80 hours per month. (6) Is unable to do any of the activities described in paragraphs (1) to (5), inclusive, because of a medical condition, and that inability is documented by regularly updated information in the case plan of the nonminor. (b) Aid shall be provided to an individual pursuant to this section if the individual and the agency responsible for the related guardianship 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.SEC. 2.SEC. 4. No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for the purposes of this act.SEC. 3.SEC. 5. 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.