BILL NUMBER: SB 12 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 17, 2015
AMENDED IN SENATE FEBRUARY 4, 2015
INTRODUCED BY Senator Beall
( Coauthors: Senators
Hertzberg and Wieckowski )
( Coauthors: Assembly Members
Chu and Maienschein )
DECEMBER 1, 2014
An act to amend Sections 303, 388, 388.1, 450, 607.2, 11400,
11401, 11403, and 11405 of the Welfare and Institutions Code,
relating to foster youth.
LEGISLATIVE COUNSEL'S DIGEST
SB 12, as amended, Beall. Foster 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), 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.
This bill would revise the definition of a nonminor dependent and
former nonminor dependent to include a nonminor who was subject to an
order for foster care placement at any time before he or she
attained 12 years of age and who has not attained 21 years of age.
This bill would make conforming changes to allow a court to assume or
resume dependency jurisdiction or transition jurisdiction over a
nonminor who satisfies this criteria. Because the bill would expand
the application of the above county administered programs, the bill
would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 303 of the Welfare and Institutions Code is
amended to read:
303. (a) The court may retain jurisdiction over any person who is
found to be a ward or a dependent child of the juvenile court until
the ward or dependent child attains the age of 21 years.
(b) The court shall have within its jurisdiction any nonminor
dependent, as defined in subdivision (v) of Section 11400. The court
may terminate its dependency, delinquency, or transition jurisdiction
over the nonminor dependent between the time the nonminor reaches
the age of majority and 21 years of age. If the court terminates
dependency, delinquency, or transition jurisdiction, the nonminor
dependent shall remain under the general jurisdiction of the court in
order to allow for a petition under subdivision (e) of Section 388.
(c) A nonminor who has not yet attained 21 years of age and who
was previously under the jurisdiction of the juvenile court subject
to an order for foster care placement at any time after attaining 12
years of age, may petition the court pursuant to subdivision (e) of
Section 388 to resume dependency jurisdiction over himself or herself
or to assume transition jurisdiction over himself or herself
pursuant to Section 450.
(d) (1) Nothing in this code, including, but not limited to,
Sections 340, 366.27, and 369.5, shall be construed to provide legal
custody of a person who has attained 18 years of age to the county
welfare or probation department or to otherwise abrogate any other
rights that a person who has attained 18 years of age may have as an
adult under California law. A nonminor dependent shall retain all of
his or her legal decisionmaking authority as an adult. The nonminor
shall enter into a mutual agreement for placement, as described in
subdivision (u) of Section 11400, unless the nonminor dependent is
incapable of making an informed agreement, or a voluntary reentry
agreement, as described in subdivision (z) of Section 11400, for
placement and care in which the nonminor consents to placement and
care in a setting supervised by, and under the responsibility of, the
county child welfare services department, the county probation
department, or Indian tribe, tribal organization, or consortium of
tribes that entered into an agreement pursuant to Section 10553.1.
(2) A nonminor dependent who remains under delinquency
jurisdiction in order to complete his or her rehabilitative goals and
is under a foster care placement order is not required to complete
the mutual agreement as described in subdivision (u) of Section
11400. His or her adult decisionmaking authority may be limited by
and subject to the care, supervision, custody, conduct, and
maintenance orders as described in Section 727.
(e) Unless otherwise specified, the rights of a dependent child
and the responsibilities of the county welfare or probation
department, or tribe, and other entities, toward the child and
family, shall also apply to nonminor dependents.
SEC. 2. Section 388 of the Welfare and Institutions Code is
amended to read:
388. (a) (1) Any parent or other person having an interest in a
child who is a dependent child of the juvenile court or a nonminor
dependent as defined in subdivision (v) of Section 11400, or the
child himself or herself or the nonminor dependent through a properly
appointed guardian may, upon grounds of change of circumstance or
new evidence, petition the court in the same action in which the
child was found to be a dependent child of the juvenile court or in
which a guardianship was ordered pursuant to Section 360 for a
hearing to change, modify, or set aside any order of court previously
made or to terminate the jurisdiction of the court. The petition
shall be verified and, if made by a person other than the child or
the nonminor dependent shall state the petitioner's relationship to
or interest in the child or the nonminor dependent and shall set
forth in concise language any change of circumstance or new evidence
that is alleged to require the change of order or termination of
jurisdiction.
(2) When any party, including a child who is a dependent of the
juvenile court, petitions the court prior to an order terminating
parental rights, to modify the order that reunification services were
not needed pursuant to paragraphs (4), (5), and (6) of subdivision
(b) of Section 361.5, or to modify any orders related to custody or
visitation of the subject child, and the court orders a hearing
pursuant to subdivision (d), the court shall modify the order that
reunification services were not needed pursuant to paragraphs (4),
(5), and (6) of subdivision (b) of Section 361.5, or any orders
related to the custody or visitation of the child for whom
reunification services were not ordered pursuant to paragraphs (4),
(5), and (6) of subdivision (b) of Section 361.5, only if the court
finds by clear and convincing evidence that the proposed change is in
the best interests of the child.
(b) (1) Any person, including a child or a nonminor dependent who
is a dependent of the juvenile court, may petition the court to
assert a relationship as a sibling related by blood, adoption, or
affinity through a common legal or biological parent to a child who
is, or is the subject of a petition for adjudication as, a dependent
of the juvenile court, and may request visitation with the dependent
child, placement with or near the dependent child, or consideration
when determining or implementing a case plan or permanent plan for
the dependent child or make any other request for an order which may
be shown to be in the best interest of the dependent child.
(2) A child or nonminor dependent who is a dependent of the
juvenile court may petition the court to assert a relationship as a
sibling related by blood, adoption, or affinity through a common
legal or biological parent to a child who is in the physical custody
of a common legal or biological parent, and may request visitation
with the nondependent sibling in parental custody.
(3) Pursuant to subdivision (b) of Section 16002, a request for
sibling visitation may be granted unless it is determined by the
court that sibling visitation is contrary to the safety and
well-being of any of the siblings.
(4) The court may appoint a guardian ad litem to file the petition
for a dependent child asserting a sibling relationship pursuant to
this subdivision if the court determines that the appointment is
necessary for the best interests of the dependent child. The petition
shall be verified and shall set forth the following:
(A) Through which parent he or she is related to the sibling.
(B) Whether he or she is related to the sibling by blood,
adoption, or affinity.
(C) The request or order that the petitioner is seeking.
(D) Why that request or order is in the best interest of the
dependent child.
(c) (1) Any party, including a child who is a dependent of the
juvenile court, may petition the court, prior to the hearing set
pursuant to subdivision (f) of Section 366.21 for a child described
by subparagraph (A) of paragraph (1) of subdivision (a) of Section
361.5, or prior to the hearing set pursuant to subdivision (e) of
Section 366.21 for a child described by subparagraph (B) or (C) of
paragraph (1) of subdivision (a) of Section 361.5, to terminate
court-ordered reunification services provided under subdivision (a)
of Section 361.5 only if one of the following conditions exists:
(A) It appears that a change of circumstance or new evidence
exists that satisfies a condition set forth in subdivision (b) or (e)
of Section 361.5 justifying termination of court-ordered
reunification services.
(B) The action or inaction of the parent or guardian creates a
substantial likelihood that reunification will not occur, including,
but not limited to, the parent's or guardian's failure to visit the
child, or the failure of the parent or guardian to participate
regularly and make substantive progress in a court-ordered treatment
plan.
(2) In determining whether the parent or guardian has failed to
visit the child or participate regularly or make progress in the
treatment plan, the court shall consider factors that include but are
not limited to, the parent's or guardian's incarceration,
institutionalization, detention by the United States Department of
Homeland Security, deportation, or participation in a court-ordered
residential substance abuse treatment program.
(3) The court shall terminate reunification services during the
above-described time periods only upon a finding by a preponderance
of evidence that reasonable services have been offered or provided,
and upon a finding of clear and convincing evidence that one of the
conditions in subparagraph (A) or (B) of paragraph (1) exists.
(4) Any party, including a nonminor dependent, as defined in
subdivision (v) of Section 11400, may petition the court prior to the
review hearing set pursuant to subdivision (d) of Section 366.31 to
terminate the continuation of court-ordered family reunification
services for a nonminor dependent who has attained 18 years of age.
The court shall terminate family reunification services to the parent
or guardian if the nonminor dependent or parent or guardian are not
in agreement that the continued provision of court-ordered family
reunification services is in the best interests of the nonminor
dependent.
(5) If the court terminates reunification services, it shall order
that a hearing pursuant to Section 366.26 be held within 120 days.
On and after January 1, 2012, a hearing pursuant to Section 366.26
shall not be ordered if the child is a nonminor dependent. The court
may order a nonminor dependent who is otherwise eligible to AFDC-FC
benefits pursuant to Section 11403 to remain in a planned, permanent
living arrangement.
(d) If it appears that the best interests of the child or the
nonminor dependent may be promoted by the proposed change of order,
modification of reunification services, custody, or visitation orders
concerning a child for whom reunification services were not ordered
pursuant to paragraphs (4), (5), and (6) of subdivision (b) of
Section 361.5, recognition of a sibling relationship, termination of
jurisdiction, or clear and convincing evidence supports revocation or
termination of court-ordered reunification services, the court shall
order that a hearing be held and shall give prior notice, or cause
prior notice to be given, to the persons and in the manner prescribed
by Section 386, and, in those instances in which the manner of
giving notice is not prescribed by those sections, then in the manner
the court prescribes.
(e) (1) A nonminor who attained 12 years of age while subject to
an order for foster care placement and who has not attained 21 years
of age for whom the court has dismissed dependency jurisdiction
pursuant to Section 391, or delinquency jurisdiction pursuant to
Section 607.2, or transition jurisdiction pursuant to Section 452,
but has retained general jurisdiction under subdivision (b) of
Section 303, or the county child welfare services, probation
department, or tribal placing agency on behalf of the nonminor, may
petition the court in the same action in which the child was found to
be a dependent or delinquent child of the juvenile court, for a
hearing to resume the dependency jurisdiction over a former dependent
or to assume or resume transition jurisdiction over a former
delinquent ward pursuant to Section 450. The petition shall be filed
within the period that the nonminor is of the age described in this
paragraph. If the nonminor has completed the voluntary reentry
agreement, as described in subdivision (z) of Section 11400, with the
placing agency, the agency shall file the petition on behalf of the
nonminor within 15 judicial days of the date the agreement was signed
unless the nonminor elects to file the petition at an earlier date.
(2) (A) The petition to resume jurisdiction may be filed in the
juvenile court that retains general jurisdiction under subdivision
(b) of Section 303, or the petition may be submitted to the juvenile
court in the county where the youth resides and forwarded to the
juvenile court that retained general jurisdiction and filed with that
court. The juvenile court having general jurisdiction under Section
303 shall receive the petition from the court where the petition was
submitted within five court days of its submission, if the petition
is filed in the county of residence. The juvenile court that retained
general jurisdiction shall order that a hearing be held within 15
judicial days of the date the petition was filed if there is a prima
facie showing that the nonminor satisfies the following criteria:
(i) He or she was previously under juvenile court jurisdiction,
subject to an order for foster care placement at any time after the
youth attained 12 years of age, and has not attained the age
limits limit described in paragraph (1).
(ii) 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.
(iii) He or she wants assistance either in maintaining or securing
appropriate supervised placement, or is in need of immediate
placement and agrees to supervised placement pursuant to the
voluntary reentry agreement as described in subdivision (z) of
Section 11400.
(B) Upon ordering a hearing, the court shall give prior notice, or
cause prior notice to be given, to the persons and by the means
prescribed by Section 386, except that notice to parents or former
guardians shall not be provided unless the nonminor requests, in
writing on the face of the petition, notice to the parents or former
guardians.
(3) The Judicial Council, by January 1, 2012, shall adopt rules of
court to allow for telephonic appearances by nonminor former
dependents or delinquents in these proceedings, and for telephonic
appearances by nonminor dependents in any proceeding in which the
nonminor dependent is a party, and he or she declines to appear and
elects a telephonic appearance.
(4) Prior to the hearing on a petition to resume dependency
jurisdiction or to assume or resume transition jurisdiction, the
court shall order the county child welfare or probation department to
prepare a report for the court addressing whether the nonminor
intends to satisfy at least one of the criteria set forth in
subdivision (b) of Section 11403. When the recommendation is for the
nonminor dependent 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 the
nonminor. The existence of a criminal conviction is not a bar to
eligibility for reentry or resumption of dependency jurisdiction or
the assumption or resumption of transition jurisdiction over a
nonminor.
(5) (A) The court shall resume dependency jurisdiction over a
former dependent or assume or resume transition jurisdiction over a
former delinquent ward pursuant to Section 450, and order that the
nonminor's 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:
(i) The nonminor was previously under juvenile court jurisdiction
subject to an order for foster care placement at any time after he or
she attained 12 years of age.
(ii) The nonminor has not attained the age limits
limit described in paragraph (1).
(iii) Reentry and remaining in foster care are in the nonminor's
best interests.
(iv) 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 and to
satisfy the criteria by signing the voluntary reentry agreement as
described in subdivision (z) of Section 11400.
(B) In no event shall the court grant a continuance that would
cause the hearing to resume dependency jurisdiction or to assume or
resume transition jurisdiction to be completed more than 120 days
after the date the petition was filed.
(C) The agency made responsible for the nonminor's placement and
care pursuant to subparagraph (A) shall prepare a new transitional
independent living case plan within 60 calendar days from the date
the nonminor signed the voluntary reentry agreement as described in
subdivision (z) of Section 11400 and submit it to the court for the
review hearing under Section 366.31, to be held within 70 days of the
resumption of dependency jurisdiction or assumption or resumption of
transition jurisdiction. In no event shall the review hearing under
Section 366.3 be held more than 170 calendar days from the date the
nonminor signed the voluntary reentry agreement.
SEC. 3. 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
12 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
12 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 , and no longer receive aid on behalf of, 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 12 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 12 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 , and no longer receive aid on behalf
of, the nonminor after the nonminor attained 18 years of age,
but before he or she attains 21 years of age.
(5) He or she is a nonminor who was previously under the
jurisdiction of the juvenile court subject to an order for foster
care placement at any time after he or she attained 12 years of age
and who has not attained 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 ,
and no longer receive aid on behalf of, 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, 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 , and no longer receive aid on behalf of, 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. 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. 4. Section 450 of the Welfare and Institutions Code is
amended to read:
450. (a) A minor or nonminor who satisfies all of the following
criteria is within the transition jurisdiction of the juvenile court:
(1) (A) The minor is a ward who is older than 17 years and 5
months of age and younger than 18 years of age and in foster care
placement, or the nonminor is a ward in foster care placement who was
a ward subject to an order for foster care placement at any time
after the youth attained 12 years of age and who has not attained 21
years of age.
(B) Notwithstanding subparagraph (A),
the nonminor is a ward who has been receiving aid pursuant to Article
5 (commencing with Section 11400) of Chapter 2 of Part 3 of Division
9 between January 1, 2012, and December 31, 2012, and
attains 19 years of age prior to January 1, 2013, or who has been
receiving that aid between January 1, 2013, and December 31, 2013,
and attains 20 years of age prior to January 1, 2014, and
who may continue to receive aid under the applicable program,
provided that the nonminor dependent continues to meet all other
applicable eligibility requirements as specified in Section 11403.
(2) The ward meets either of the following conditions:
(A) The ward was removed from the physical custody of his or her
parents or legal guardian, adjudged to be a ward of the juvenile
court under Section 725, and ordered into foster care placement as a
ward.
(B) The ward was removed from the custody of his or her parents or
legal guardian as a dependent of the court with an order for foster
care placement as a dependent in effect at the time the court
adjudged him or her to be a ward of the juvenile court under Section
725.
(3) The rehabilitative goals of the minor or nonminor, as set
forth in the case plan, have been met, and juvenile court
jurisdiction over the minor or nonminor as a ward is no longer
required.
(4) (A) If the ward is a minor, reunification services have been
terminated; the matter has not been set for a hearing for termination
of parental rights pursuant to Section 727.3 or for the
establishment of guardianship pursuant to Section 728; the return of
the child to the physical custody of the parents or legal guardian
would create a substantial risk of detriment to the child's safety,
protection, or physical or emotional well-being; and the minor has
indicated an intent to sign a mutual agreement, as described in
subdivision (u) of Section 11400, with the responsible agency for
placement in a supervised setting as a nonminor dependent.
(B) If the ward is a nonminor, he or she has signed a mutual
agreement, as described in subdivision (u) of Section 11400, with the
responsible agency for placement in a supervised setting as a
nonminor dependent or has signed a voluntary reentry agreement, as
described in subdivision (z) of Section 11400 for placement in a
supervised setting as a nonminor dependent. A runaway and homeless
youth shelter licensed by the State Department of Social Services
pursuant to Section 1502.35 of the Health and Safety Code shall not
be a placement option pursuant to this section.
(b) A minor who is subject to the court's transition jurisdiction
shall be referred to as a transition dependent.
(c) A youth subject to the court's transition jurisdiction who is
18 years of age or older shall be referred to as a nonminor
dependent.
SEC. 5. Section 607.2 of the Welfare and Institutions Code is
amended to read:
607.2. (a) The court shall hold a hearing prior to terminating
jurisdiction over a ward who satisfies any of the following criteria:
(1) Is a minor subject to an order for foster care placement
described in Section 11402 as a ward who has not previously been
subject to the jurisdiction of the court as a result of a petition
filed pursuant to Section 325.
(2) Is a nonminor who was subject to an order for foster care
placement described in Section 11402 at any time after he or she
attained 12 years of age and who has not attained 21 years of age.
(3) Is a ward who was subject to an order for foster care
placement described in Section 11402 as a dependent of the court at
the time the court adjudged the child to be a ward of the court under
Section 725.
(b) At a hearing during which termination of jurisdiction over a
ward described in subdivision (a) is being considered, the court
shall take one of the following actions:
(1) Modify its jurisdiction from delinquency jurisdiction to
transition jurisdiction, if the court finds the ward is a person
described in Section 450.
(2) (A) For a ward who was not previously subject to the
jurisdiction of the court as a result of a petition filed pursuant to
Section 325, order the probation department or the ward's attorney
to submit an application to the child welfare services department
pursuant to Section 329 to declare the minor a dependent of the court
and modify the court's jurisdiction from delinquency jurisdiction to
dependency jurisdiction, if the court finds all of the following:
(i) The ward is a minor.
(ii) The ward does not come within the description in Section 450,
but jurisdiction as a ward may no longer be required.
(iii) The ward appears to come within the description of Section
300 and cannot be returned home safely.
(B) The court shall set a hearing within 20 judicial days of the
date of the order described in subparagraph (A) to review the child
welfare services department's decision and may either affirm its
decision not to file a petition pursuant to Section 300 or order the
child welfare services department to file a petition pursuant to
Section 300.
(3) Vacate the order terminating jurisdiction over the minor as a
dependent of the court, resume jurisdiction pursuant to Section 300
based on the prior petition filed pursuant to Section 325, and
terminate the court's jurisdiction over the minor as a ward, if the
minor was subject to an order for foster care placement described in
Section 11402 as a dependent of the court at the time the court
adjudged the minor to be a ward and assumed jurisdiction over the
minor under Section 725.
(4) Continue its delinquency jurisdiction over a ward pursuant to
Section 303 as a nonminor dependent, as defined in subdivision (v) of
Section 11400, who is eligible to remain in foster care pursuant to
Section 11403, if the ward is a nonminor and the court did not modify
its jurisdiction as described in Section 450, unless the court finds
that after reasonable and documented efforts, the ward cannot be
located or does not wish to become a nonminor dependent. In making
this finding and prior to entering an order terminating its
delinquency jurisdiction, the court shall ensure that the ward has
had an opportunity to confer with his or her counsel and has been
informed of his or her options, including the right to reenter foster
care placement by completing a voluntary reentry agreement as
described in subdivision (z) of Section 11400 and to file a petition
pursuant to subdivision (e) of Section 388 for the court to assume or
resume transition jurisdiction over him or her pursuant to Section
450. The fact that a ward declines to be a nonminor dependent does
not restrict the authority of the court to maintain delinquency
jurisdiction pursuant to Section 607.
(5) Continue its delinquency jurisdiction.
(6) Terminate its delinquency jurisdiction if the ward does not
come within the provisions of paragraphs (1) to (4), inclusive.
(c) If the court modifies jurisdiction, its order shall comply
with the requirements of subdivision (f) of Section 241.1.
(d) This section does not change the requirements of Section 727.2
or 727.3 with respect to reunification of minors with their families
or the establishment of an alternative permanent plan for minors for
whom reunification is not pursued.
SEC. 6. Section 11400 of the Welfare and Institutions Code is
amended to read:
11400. For purposes of this article, the following definitions
shall apply:
(a) "Aid to Families with Dependent Children-Foster Care (AFDC-FC)"
means the aid provided on behalf of needy children in foster care
under the terms of this division.
(b) "Case plan" means a written document that, at a minimum,
specifies the type of home in which the child shall be placed, the
safety of that home, and the appropriateness of that home to meet the
child's needs. It shall also include the agency's plan for ensuring
that the child receive proper care and protection in a safe
environment, and shall set forth the appropriate services to be
provided to the child, the child's family, and the foster parents, in
order to meet the child's needs while in foster care, and to reunify
the child with the child's family. In addition, the plan shall
specify the services that will be provided or steps that will be
taken to facilitate an alternate permanent plan if reunification is
not possible.
(c) "Certified family home" means a family residence certified by
a licensed foster family agency and issued a certificate of approval
by that agency as meeting licensing standards, and used only by that
foster family agency for placements.
(d) "Family home" means the family residence of a licensee in
which 24-hour care and supervision are provided for children.
(e) "Small family home" means any residential facility, in the
licensee's family residence, which provides 24-hour care for six or
fewer foster children who have mental disorders or developmental or
physical disabilities and who require special care and supervision as
a result of their disabilities.
(f) "Foster care" means the 24-hour out-of-home care provided to
children whose own families are unable or unwilling to care for them,
and who are in need of temporary or long-term substitute parenting.
(g) "Foster family agency" means any individual or organization
engaged in the recruiting, certifying, and training of, and providing
professional support to, foster parents, or in finding homes or
other places for placement of children for temporary or permanent
care who require that level of care as an alternative to a group
home. Private foster family agencies shall be organized and operated
on a nonprofit basis.
(h) "Group home" means a nondetention privately operated
residential home, organized and operated on a nonprofit basis only,
of any capacity, or a nondetention licensed residential care home
operated by the County of San Mateo with a capacity of up to 25 beds,
that accepts children in need of care and supervision in a group
home, as defined by paragraph (13) of subdivision (a) of Section 1502
of the Health and Safety Code.
(i) "Periodic review" means review of a child's status by the
juvenile court or by an administrative review panel, that shall
include a consideration of the safety of the child, a determination
of the continuing need for placement in foster care, evaluation of
the goals for the placement and the progress toward meeting these
goals, and development of a target date for the child's return home
or establishment of alternative permanent placement.
(j) "Permanency planning hearing" means a hearing conducted by the
juvenile court in which the child's future status, including whether
the child shall be returned home or another permanent plan shall be
developed, is determined.
(k) "Placement and care" refers to the responsibility for the
welfare of a child vested in an agency or organization by virtue of
the agency or organization having (1) been delegated care, custody,
and control of a child by the juvenile court, (2) taken
responsibility, pursuant to a relinquishment or termination of
parental rights on a child, (3) taken the responsibility of
supervising a child detained by the juvenile court pursuant to
Section 319 or 636, or (4) signed a voluntary placement agreement for
the child's placement; or to the responsibility designated to an
individual by virtue of his or her being appointed the child's legal
guardian.
(l) "Preplacement preventive services" means services that are
designed to help children remain with their families by preventing or
eliminating the need for removal.
(m) "Relative" means an adult who is related to the child by
blood, adoption, or affinity within the fifth degree of kinship,
including stepparents, stepsiblings, and all relatives whose status
is preceded by the words "great," "great-great," or "grand" or the
spouse of any of these persons even if the marriage was terminated by
death or dissolution.
(n) "Nonrelative extended family member" means an adult caregiver
who has an established familial or mentoring relationship with the
child, as described in Section 362.7.
(o) "Voluntary placement" means an out-of-home placement of a
child by (1) the county welfare department, probation department, or
Indian tribe that has entered into an agreement pursuant to Section
10553.1, after the parents or guardians have requested the assistance
of the county welfare department and have signed a voluntary
placement agreement; or (2) the county welfare department licensed
public or private adoption agency, or the department acting as an
adoption agency, after the parents have requested the assistance of
either the county welfare department, the licensed public or private
adoption agency, or the department acting as an adoption agency for
the purpose of adoption planning, and have signed a voluntary
placement agreement.
(p) "Voluntary placement agreement" means a written agreement
between either the county welfare department, probation department,
or Indian tribe that has entered into an agreement pursuant to
Section 10553.1, licensed public or private adoption agency, or the
department acting as an adoption agency, and the parents or guardians
of a child that specifies, at a minimum, the following:
(1) The legal status of the child.
(2) The rights and obligations of the parents or guardians, the
child, and the agency in which the child is placed.
(q) "Original placement date" means the most recent date on which
the court detained a child and ordered an agency to be responsible
for supervising the child or the date on which an agency assumed
responsibility for a child due to termination of parental rights,
relinquishment, or voluntary placement.
(r) (1) "Transitional housing placement provider" means an
organization licensed by the State Department of Social Services
pursuant to Section 1559.110 of the Health and Safety Code, to
provide transitional housing to foster children at least 16 years of
age and not more than 18 years of age, and nonminor dependents, as
defined in subdivision (v). A transitional housing placement provider
shall be privately operated and organized on a nonprofit basis.
(2) Prior to licensure, a provider shall obtain certification from
the applicable county, in accordance with Section 16522.1.
(s) "Transitional Housing Program-Plus" means a provider certified
by the applicable county, in accordance with subdivision (c) of
Section 16522, to provide transitional housing services to former
foster youth who have exited the foster care system on or after their
18th birthday.
(t) "Whole family foster home" means a new or existing family
home, approved relative caregiver or nonrelative extended family
member's home, the home of a nonrelated legal guardian whose
guardianship was established pursuant to Section 360 or 366.26,
certified family home, or a host family home placement of a
transitional housing placement provider, that provides foster care
for a minor or nonminor dependent parent and his or her child, and is
specifically recruited and trained to assist the minor or nonminor
dependent parent in developing the skills necessary to provide a
safe, stable, and permanent home for his or her child. The child of
the minor or nonminor dependent parent need not be the subject of a
petition filed pursuant to Section 300 to qualify for placement in a
whole family foster home.
(u) "Mutual agreement" means any of the following:
(1) A written voluntary agreement of consent for continued
placement and care in a supervised setting between a minor or, on and
after January 1, 2012, a nonminor dependent, and the county welfare
services or probation department or tribal agency responsible for the
foster care placement, that documents the nonminor's continued
willingness to remain in supervised out-of-home placement under the
placement and care of the responsible county, tribe, consortium of
tribes, or tribal organization that has entered into an agreement
with the state pursuant to Section 10553.1, remain under the
jurisdiction of the juvenile court as a nonminor dependent, and
report any change of circumstances relevant to continued eligibility
for foster care payments, and that documents 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.
(2) An agreement, as described in paragraph (1), between a
nonminor former dependent or ward in receipt of Kin-GAP payments
under Article 4.5 (commencing with Section 11360) or Article 4.7
(commencing with Section 11385), and the agency responsible for the
Kin-GAP benefits, provided that the nonminor former dependent or ward
satisfies the conditions described in Section 11403.01, or one or
more of the conditions described in paragraphs (1) to (5), inclusive,
of subdivision (b) of Section 11403. For purposes of this paragraph
and paragraph (3), "nonminor former dependent or ward" has the same
meaning as described in subdivision (aa).
(3) An agreement, as described in paragraph (1), between a
nonminor former dependent or ward in receipt of AFDC-FC payments
under subdivision (e) or (f) of Section 11405 and the agency
responsible for the AFDC-FC benefits, provided that the nonminor
former dependent or ward described in subdivision (e) of Section
11405 satisfies one or more of the conditions described in paragraphs
(1) to (5), inclusive, of subdivision (b) of Section 11403, and the
nonminor described in subdivision (f) of Section 11405 satisfies the
secondary school or equivalent training or certificate program
conditions described in that subdivision.
(v) "Nonminor dependent" means a foster child, as described in
Section 675(8)(B) of Title 42 of the United States Code under the
federal Social Security Act 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, as described in Section 450, and
who satisfies all of the following criteria:
(1) He or she was subject to an order for foster care placement
described in Section 11402 at any time after he or she attained 12
years of age and who has not attained 21 years of age.
(2) He or she is in foster care under the placement and care
responsibility of the county welfare department, county probation
department, Indian tribe, consortium of tribes, or tribal
organization that entered into an agreement pursuant to Section
10553.1.
(3) He or she has a transitional independent living case plan
pursuant to Section 475(8) of the federal Social Security Act (42
U.S.C. Sec. 675(8)), as contained in the federal Fostering
Connections to Success and Increasing Adoptions Act of 2008 (Public
Law 110-351), as described in Section 11403.
(w) "Supervised independent living placement" means, on and after
January 1, 2012, an independent supervised setting, as specified in a
nonminor dependent's transitional independent living case plan, in
which the youth is living independently, pursuant to Section 472(c)
(2) of the Social Security Act (42 U.S.C. Sec. 672(c)(2)).
(x) "Supervised independent living setting," pursuant to Section
472(c)(2) of the federal Social Security Act (42 U.S.C. Sec. 672(c)
(2)), includes both a supervised independent living placement, as
defined in subdivision (w), and a residential housing unit certified
by the transitional housing placement provider operating a
Transitional Housing Placement-Plus Foster Care program, as described
in paragraph (2) of subdivision (a) of Section 16522.1.
(y) "Transitional independent living case plan" means, on or after
January 1, 2012, a child's case plan submitted for the last review
hearing held before he or she reaches 18 years of age or the nonminor
dependent's case plan, updated every six months, that describes the
goals and objectives of how the nonminor will make progress in the
transition to living independently and assume incremental
responsibility for adult decisionmaking, the collaborative efforts
between the nonminor and the social worker, probation officer, or
Indian tribal placing entity and the supportive services as described
in the transitional independent living plan (TILP) to ensure active
and meaningful participation in one or more of the eligibility
criteria described in paragraphs (1) to (5), inclusive, of
subdivision (b) of Section 11403, the nonminor's appropriate
supervised placement setting, and the nonminor's permanent plan for
transition to living independently, which includes maintaining or
obtaining permanent connections to caring and committed adults, as
set forth in paragraph (16) of subdivision (f) of Section 16501.1.
(z) "Voluntary reentry agreement" means a written voluntary
agreement between a former dependent child or ward or a former
nonminor dependent, who has had juvenile court jurisdiction
terminated pursuant to Section 391, 452, or 607.2, and the county
welfare or probation department or tribal placing entity that
documents the nonminor's desire and willingness to reenter foster
care, to be placed in a supervised setting under the placement and
care responsibility of the placing agency, the nonminor's desire,
willingness, and ability to immediately participate in one or more of
the conditions of paragraphs (1) to (5), inclusive, of subdivision
(b) of Section 11403, the nonminor's agreement to work
collaboratively with the placing agency to develop his or her
transitional independent living case plan within 60 days of reentry,
the nonminor's agreement to report any changes of circumstances
relevant to continued eligibility for foster care payments, and (1)
the nonminor's agreement to participate in the filing of a petition
for juvenile court jurisdiction as a nonminor dependent pursuant to
subdivision (e) of Section 388 within 15 judicial days of the signing
of the agreement and the placing agency's efforts and supportive
services to assist the nonminor in the reentry process, or (2) if the
nonminor meets the definition of a nonminor former dependent or
ward, as described in subdivision (aa), the nonminor's agreement to
return to the care and support of his or her former juvenile
court-appointed guardian and meet the eligibility criteria for
AFDC-FC pursuant to subdivision (e) of Section 11405.
(aa) "Nonminor former dependent or ward" means, on and after
January 1, 2012, either of the following:
(1) A nonminor who was subject to an order for foster care
placement described in Section 11402 at any time after he or she
attained 12 years of age and who has not attained 21 years of age,
and for whom dependency, delinquency, or transition jurisdiction has
been terminated, and who is still under the general jurisdiction of
the court.
(2) A nonminor who is over 18 years of age and, while a minor, was
a dependent child or ward of the juvenile court when the
guardianship was established pursuant to Section 360 or 366.26, or
subdivision (d), of Section 728 and the juvenile court dependency or
wardship was dismissed following the establishment of the
guardianship.
(ab) "Runaway and homeless youth shelter" means a type of group
home, as defined in paragraph (14) of subdivision (a) of Section 1502
of the Health and Safety Code, that is not an eligible placement
option under Sections 319, 361.2, 450, and 727, and that is not
eligible for AFDC-FC funding pursuant to subdivision (c) of Section
11402 or Section 11462.
(ac) "Transition dependent" is a minor between 17 years and five
months and 18 years of age who is subject to the court's transition
jurisdiction under Section 450.
SEC. 7. Section 11401 of the Welfare and Institutions Code is
amended to read:
11401. Aid in the form of AFDC-FC shall be provided under this
chapter on behalf of any child under 18 years of age and to any
nonminor dependent who meets the conditions of any of the following
subdivisions:
(a) The child has been relinquished, for purposes of adoption, to
a licensed adoption agency, or the department, or the parental rights
of either or both of his or her parents have been terminated after
an action under the Family Code has been brought by a licensed
adoption agency or the department, provided that the licensed
adoption agency or the department, if responsible for placement and
care, provides to those children all services as required by the
department to children in foster care.
(b) The child has been removed from the physical custody of his or
her parent, relative, or guardian as a result of a voluntary
placement agreement or a judicial determination that continuance in
the home would be contrary to the child's welfare and that, if the
child was placed in foster care, reasonable efforts were made,
consistent with Chapter 5 (commencing with Section 16500) of Part 4,
to prevent or eliminate the need for removal of the child from his or
her home and to make it possible for the child to return to his or
her home, and any of the following applies:
(1) The child has been adjudged a dependent child of the court on
the grounds that he or she is a person described by Section 300.
(2) The child has been adjudged a ward of the court on the grounds
that he or she is a person described by Sections 601 and 602 or the
nonminor is under the transition jurisdiction of the juvenile court
pursuant to Section 450.
(3) The child has been detained under a court order, pursuant to
Section 319 or 636, that remains in effect.
(4) The child's or nonminor's dependency jurisdiction, or
transition jurisdiction pursuant to Section 450, has resumed pursuant
to Section 387, or subdivision (a) or (e) of Section 388.
(c) The child has been voluntarily placed by his or her parent or
guardian pursuant to Section 11401.1.
(d) The child is living in the home of a nonrelated legal
guardian.
(e) The child is a nonminor dependent who is placed pursuant to a
mutual agreement as set forth in subdivision (u) of Section 11400,
under the placement and care responsibility of the county child
welfare services department, an Indian tribe that entered into an
agreement pursuant to Section 10553.1, or the county probation
department, or the child is a nonminor dependent reentering foster
care placement pursuant to a voluntary agreement, as set forth in
subdivision (z) of Section 11400.
(f) The child has been placed in foster care under the federal
Indian Child Welfare Act. Sections 11402, 11404, and 11405 shall not
be construed as limiting payments to Indian children, as defined in
the federal Indian Child Welfare Act, placed in accordance with that
act.
(g) To be eligible for federal financial participation, the
conditions described in paragraph (1), (2), (3), or (4) shall be
satisfied:
(1) (A) The child meets the conditions of subdivision (b).
(B) The child has been deprived of parental support or care for
any of the reasons set forth in Section 11250.
(C) The child has been removed from the home of a relative as
defined in Section 233.90(c)(1) of Title 45 of the Code of Federal
Regulations, as amended.
(D) The requirements of Sections 671 and 672 of Title 42 of the
United States Code, as amended, have been met.
(2) (A) The child meets the requirements of subdivision (h).
(B) The requirements of Sections 671 and 672 of Title 42 of the
United States Code, as amended, have been met.
(C) This paragraph shall be implemented only if federal financial
participation is available for the children described in this
paragraph.
(3) (A) The child has been removed from the custody of his or her
parent, relative, or guardian as a result of a voluntary placement
agreement or a judicial determination that continuance in the home
would be contrary to the child's welfare and that, if the child was
placed in foster care, reasonable efforts were made, consistent with
Chapter 5 (commencing with Section 16500) of Part 4, to prevent or
eliminate the need for removal of the child from his or her home and
to make it possible for the child to return to his or her home, or
the child is a nonminor dependent who satisfies the removal criteria
in Section 472(a)(2)(A)(i) of the federal Social Security Act (42
U.S.C. Sec. 672 (a)(2)(A)(i)) and agrees to the placement and care
responsibility of the placing agency by signing the voluntary reentry
agreement, as set forth in subdivision (z) of Section 11400, and any
of the following applies:
(i) The child has been adjudged a dependent child of the court on
the grounds that he or she is a person described by Section 300.
(ii) The child has been adjudged a ward of the court on the
grounds that he or she is a person described by Sections 601 and 602
or the nonminor is under the transition jurisdiction of the juvenile
court, pursuant to Section 450.
(iii) The child has been detained under a court order, pursuant to
Section 319 or 636, that remains in effect.
(iv) The child's or nonminor's dependency jurisdiction, or
transition jurisdiction pursuant to Section 450, has resumed pursuant
to Section 387, or subdivision (a) or (e) of Section 388.
(B) The child has been placed in an eligible foster care
placement, as set forth in Section 11402.
(C) The requirements of Sections 671 and 672 of Title 42 of the
United States Code have been satisfied.
(D) This paragraph shall be implemented only if federal financial
participation is available for the children described in this
paragraph.
(4) With respect to a nonminor dependent, in addition to meeting
the conditions specified in paragraph (1), the requirements of
Section 675(8)(B) of Title 42 of the United States Code have been
satisfied. With respect to a former nonminor dependent who reenters
foster care placement by signing the voluntary reentry agreement, as
set forth in subdivision (z) of Section 11400, the requirements for
AFDC-FC eligibility of Section 672(a)(3)(A) of Title 42 of the United
States Code are satisfied based on the nonminor's status as a
child-only case, without regard to the parents, legal guardians, or
others in the assistance unit in the home from which the nonminor was
originally removed.
(h) The child meets all of the following conditions:
(1) The child has been adjudged to be a dependent child or ward of
the court on the grounds that he or she is a person described in
Section 300, 601, or 602.
(2) The child's parent also has been adjudged to be a dependent
child or nonminor dependent of the court on the grounds that he or
she is a person described by Section 300, 450, 601, or 602 and is
receiving benefits under this chapter.
(3) The child is placed in the same licensed or approved foster
care facility in which his or her parent is placed and the child's
parent is receiving reunification services with respect to that
child.
SEC. 8. 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
Effective January 1, 2012, a nonminor former
dependent child or ward of the juvenile court who is
otherwise eligible to receive receiving 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 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 , and no longer receive aid
on behalf of, 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. 9. 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 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. 10. 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.