AB 423: CalWORKs: relative caregivers.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-07-16
Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families (TANF) block grant program, state, and county funds. Existing law specifies the amounts of cash aid to be paid each month to CalWORKs recipients.
Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. Under existing law, a child who is placed in the approved home of a relative is eligible for AFDC-FC if he or she is eligible for federal financial participation in the AFDC-FC payment, as specified. Existing law establishes the Approved Relative Caregiver Funding Option Program in counties choosing to participate, for the purpose of making the amount paid to relative caregivers for the in-home care of children placed with them who are ineligible for AFDC-FC payments equal to the amount paid on behalf of children who are eligible for AFDC-FC payments.
This bill would revise provisions of the Approved Relative Caregiver Funding Option Program to, among other things, authorize a relative caregiver to receive payments on behalf of a child pursuant to the program, regardless of whether the child resides, or will be residing, outside of the participating county pursuant to his or her placement. The bill would establish procedures for the distribution of payments to relative caregivers, as specified. The bill would also require that an infant supplement, as specified, be paid under the CalWORKs program and the Approved Relative Caregiver Funding Option Program to a teen parent who is placed with his or her child in the home of a relative caregiver and is the subject of a voluntary placement agreement or subject to the jurisdiction of the juvenile court, as provided.
Under existing law, if the county welfare department places a child who is in temporary custody or subject to the jurisdiction of the juvenile court with a relative or nonrelative extended family member, as defined, the county is required to evaluate and approve or deny the home for purposes of AFDC-FC eligibility.
This bill would instead require the county, immediately following the placement of a child in the home of a relative, to initiate an application for CalWORKs on behalf of the child. child using a shortened CalWORKs application and simplified CalWORKs eligibility standards. The bill would require the county, concurrently with initiating the application for CalWORKs, to evaluate and approve or deny the home for purposes of AFDC-FC eligibility, and, if the child is found to be ineligible for AFDC-FC, would require the placing agency to initiate and complete the applications for, and determine eligibility for, the Approved Relative Caregiver Funding Option Program, as specified, and screen the child for eligibility for the federal Supplemental Security Income program. The bill would also require the county social worker or eligibility worker to explain to the relative, either in person or by telephone, the eligibility requirements and benefit amounts for the AFDC-FC and CalWORKs programs, and the Approved Relative Caregiver Funding Option Program if the county has opted into the program, as well as any actions the relative could take to affect the childs eligibility for those programs. By requiring county employees to provide these services, the bill would impose a state-mandated local program.
Existing law requires that every youth who is in foster care and nearing emancipation be screened by the county for potential eligibility for the federal Supplemental Security Income (SSI) program.
This bill would require that every youth who is in foster care and has been determined to be ineligible for AFDC-FC benefits be screened by the county for potential eligibility for the SSI program. By imposing this additional duty on counties, the bill would impose a state-mandated local program.
Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families (TANF) block grant program, state, and county funds. Existing law specifies the amounts of cash aid to be paid each month to CalWORKs recipients.
Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. Under existing law, a child who is placed in the approved home of a relative is eligible for AFDC-FC if he or she is eligible for federal financial participation in the AFDC-FC payment, as specified. Existing law establishes the Approved Relative Caregiver Funding Option Program in counties choosing to participate, for the purpose of making the amount paid to relative caregivers for the in-home care of children placed with them who are ineligible for AFDC-FC payments equal to the amount paid on behalf of children who are eligible for AFDC-FC payments.
This bill would revise provisions of the Approved Relative Caregiver Funding Option Program to, among other things, authorize a relative caregiver to receive payments on behalf of a child pursuant to the program, regardless of whether the child resides, or will be residing, outside of the participating county pursuant to his or her placement. The bill would establish procedures for the distribution of payments to relative caregivers, as specified. The bill would also require that an infant supplement, as specified, be paid under the CalWORKs program and the Approved Relative Caregiver Funding Option Program to a teen parent who is placed with his or her child in the home of a relative caregiver and is the subject of a voluntary placement agreement or subject to the jurisdiction of the juvenile court, as provided.
Under existing law, if the county welfare department places a child who is in temporary custody or subject to the jurisdiction of the juvenile court with a relative or nonrelative extended family member, as defined, the county is required to evaluate and approve or deny the home for purposes of AFDC-FC eligibility.
This bill would instead require the county, immediately following the placement of a child in the home of a relative, to initiate an application for CalWORKs on behalf of the child. The bill would require the county, concurrently with initiating the application for CalWORKs, to evaluate and approve or deny the home for purposes of AFDC-FC eligibility, and, if the child is found to be ineligible for AFDC-FC, would require the placing agency to initiate and complete the applications for, and determine eligibility for, the Approved Relative Caregiver Funding Option Program, as specified, and screen the child for eligibility for the federal Supplemental Security Income program. The bill would also require the county social worker or eligibility worker to explain to the relative, either in person or by telephone, the eligibility requirements and benefit amounts for the AFDC-FC and CalWORKs programs, and the Approved Relative Caregiver Funding Option Program if the county has opted into the program, as well as any actions the relative could take to affect the childs eligibility for those programs. By requiring county employees to provide these services, the bill would impose a state-mandated local program.
Existing law requires that every youth who is in foster care and nearing emancipation be screened by the county for potential eligibility for the federal Supplemental Security Income (SSI) program.
This bill would require that every youth who is in foster care and has been determined to be ineligible for AFDC-FC benefits be screened by the county for potential eligibility for the SSI program. By imposing this additional duty on counties, the bill would impose a state-mandated local program.
Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families (TANF) block grant program, state, and county funds. Existing law specifies the amounts of cash aid to be paid each month to CalWORKs recipients.
Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. Under existing law, a child is eligible for AFDC-FC if he or she who is placed in the approved home of a relative and is otherwise is eligible for AFDC-FC if he or she is eligible for federal financial participation in the AFDC-FC payment, as specified. Existing law establishes the Approved Relative Caregiver Funding Option Program in counties choosing to participate, for the purpose of making the amount paid to relative caregivers for the in-home care of children placed with them who are ineligible for AFDC-FC payments equal to the amount paid on behalf of children who are eligible for AFDC-FC payments. In order for a relative caregiver to receive benefits under the program, existing law requires a child placed with the relative caregiver to reside in the state.
This bill would revise provisions of the Approved Relative Caregiver Funding Option Program to, among other things, authorize a relative caregiver to receive payments on behalf of a child pursuant to the program, regardless of whether the child resides, or will be residing, outside of the state or the participating county pursuant to his or her placement. The bill would establish procedures for the distribution of payments to relative caregivers, as specified. The bill would also require that an infant supplement, as specified, be paid under the CalWORKs program and the Approved Relative Caregiver Funding Option Program to a teen parent who is placed with his or her child in the home of a relative caregiver and is the subject of a voluntary placement agreement or subject to the jurisdiction of the juvenile court, as provided.
Under existing law, if the county welfare department places a child who is in temporary custody or subject to the jurisdiction of the juvenile court with a relative or nonrelative extended family member, as defined, the county is required to evaluate and approve or deny the home for purposes of AFDC-FC eligibility.
This bill would instead require the county, immediately following the placement of a child in the home of a relative, to initiate an application for CalWORKs on behalf of the child. The bill would require the county, concurrently with initiating the application for CalWORKs, additionally require the county to evaluate and approve or deny the home for purposes of CalWORKs eligibility AFDC-FC eligibility, and, if the child is found to be ineligible for AFDC-FC, and would require the placing agency to initiate and complete the applications for AFDC-FC and CalWORKs or for, and determine eligibility for, the Approved Relative Caregiver Funding Option Program, as specified. specified, and screen the child for eligibility for the federal Supplemental Security Income program. The bill would also require the county social worker or eligibility worker to explain to the relative, either in person or by telephone, the eligibility requirements and benefit amounts for the AFDC-FC and CalWORKs programs, and the Approved Relative Caregiver Funding Option Program if the county has opted into the program, as well as any actions the relative could take to affect the childs eligibility for those programs. By requiring county employees to provide these services, the bill would impose a state-mandated local program.
Existing law requires that every youth who is in foster care and nearing emancipation be screened by the county for potential eligibility for the federal Supplemental Security Income (SSI) program.
This bill would require that every youth who is in foster care and has been determined to be ineligible for AFDC-FC benefits be screened by the county for potential eligibility for the SSI program. By imposing this additional duty on counties, the bill would impose a state-mandated local program.
Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families (TANF) block grant program, state, and county funds. Existing law specifies the amounts of cash aid to be paid each month to CalWORKs recipients.
Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. Under existing law, a child is eligible for AFDC-FC if he or she is placed in the approved home of a relative and is otherwise eligible for federal financial participation in the AFDC-FC payment, as specified. Existing law establishes the Approved Relative Caregiver Funding Option Program in counties choosing to participate, for the purpose of making the amount paid to relative caregivers for the in-home care of children placed with them who are ineligible for AFDC-FC payments equal to the amount paid on behalf of children who are eligible for AFDC-FC payments. In order for a relative caregiver to receive benefits under the program, existing law requires a child placed with the relative caregiver to reside in the state.
This bill would revise provisions of the Approved Relative Caregiver Funding Option Program to, among other things, authorize a relative caregiver to receive payments on behalf of a child pursuant to the program, regardless of whether the child resides, or will be residing, outside of the state or the participating county pursuant to his or her placement. The bill would establish procedures for the distribution of payments to relative caregivers, as specified. The bill would also require that an infant supplement, as specified, be paid under the CalWORKs program and the Approved Relative Caregiver Funding Option Program to a teen parent who is placed with his or her child in the home of a relative caregiver and is the subject of a voluntary placement agreement or subject to the jurisdiction of the juvenile court, as provided.
Under existing law, if the county welfare department places a child who is in temporary custody or subject to the jurisdiction of the juvenile court with a relative or nonrelative extended family member, as defined, the county is required to evaluate and approve or deny the home for purposes of AFDC-FC eligibility.
This bill would additionally require the county to evaluate and approve or deny the home for purposes of CalWORKs eligibility if the child is found to be ineligible for AFDC-FC, and would require the placing agency to initiate and complete the applications for AFDC-FC and CalWORKs or the Approved Relative Caregiver Funding Option Program, as specified. The bill would also require the county social worker or eligibility worker to explain to the relative, either in person or by telephone, the eligibility requirements and benefit amounts for the AFDC-FC and CalWORKs programs, and the Approved Relative Caregiver Funding Option Program if the county has opted into the program, as well as any actions the relative could take to affect the childs eligibility for those programs. By requiring county employees to provide these services, the bill would impose a state-mandated local program.
Existing law requires that every youth who is in foster care and nearing emancipation be screened by the county for potential eligibility for the federal Supplemental Security Income (SSI) program.
This bill would require that every youth who is in foster care and has been determined to be ineligible for AFDC-FC benefits be screened by the county for potential eligibility for the SSI program. By imposing this additional duty on counties, the bill would impose a state-mandated local program.
Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, 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.
(a)Upon delivery to the social worker of a child who has been taken into temporary custody under this article, the social worker shall immediately investigate the circumstances of the child and the facts surrounding the childs being taken into custody and attempt to maintain the child with the childs family through the provision of services. The social worker shall immediately release the child to the custody of the childs parent, guardian, or responsible relative, regardless of the parents, guardians, or relatives immigration status, unless one or more of the following conditions exist:
(1)The child has no parent, guardian, or responsible relative; or the childs parent, guardian, or responsible relative is not willing to provide care for the child.
(2)Continued detention of the child is a matter of immediate and urgent necessity for the protection of the child and there are no reasonable means by which the child can be protected in his or her home or the home of a responsible relative.
(3)There is substantial evidence that a parent, guardian, or custodian of the child is likely to flee the jurisdiction of the court.
(4)The child has left a placement in which he or she was placed by the juvenile court.
(5)The parent or other person having lawful custody of the child voluntarily surrendered physical custody of the child pursuant to Section 1255.7 of the Health and Safety Code and did not reclaim the child within the 14-day period specified in subdivision (g) of that section.
(b)In any case in which there is reasonable cause for believing that a child who is under the care of a physician and surgeon or a hospital, clinic, or other medical facility and cannot be immediately moved and is a person described in Section 300, the child shall be deemed to have been taken into temporary custody and delivered to the social worker for the purposes of this chapter while the child is at the office of the physician and surgeon or the medical facility.
(c)If the child is not released to his or her parent or guardian, the child shall be deemed detained for purposes of this chapter.
(d)(1)If an able and willing relative, as defined in Section 319, or an able and willing nonrelative extended family member, as defined in Section 362.7, is available and requests temporary placement of the child pending the detention hearing, or after the detention hearing and pending the dispositional hearing conducted pursuant to Section 358, the county welfare department shall initiate an assessment of the relatives or nonrelative extended family members suitability, which shall include an in-home inspection to assess the safety of the home and the ability of the relative or nonrelative extended family member to care for the childs needs, and a consideration of the results of a criminal records check conducted pursuant to subdivision (a) of Section 16504.5 and a check of allegations of prior child abuse or neglect concerning the relative or nonrelative extended family member and other adults in the home. A relatives identification card from a foreign consulate or foreign passport shall be considered a valid form of identification for conducting a criminal records check and fingerprint clearance check under this subdivision. Upon completion of this assessment, the child may be placed in the assessed home. For purposes of this paragraph, and except for the criminal records check conducted pursuant to subdivision (a) of Section 16504.5, the standards used to determine suitability shall be the same standards set forth in the regulations for the licensing of foster family homes.
(2)(A)Immediately following the placement of a child in the home of a relative, the county shall initiate an application for CalWORKs pursuant to Article 2 (commencing with Section 11250) on behalf of the child in order to ensure that the child receives funding while eligibility determinations for other benefits are pending. The county shall utilize the shortened CalWORKs application and simplified CalWORKs eligibility standards that pertain to determining a foster childs CalWORKs eligibility pursuant to Sections 11253.4 and 11461.3. The application date for CalWORKs and the beginning date of aid shall be the date the child was placed with the relative. If the relative caregiver is also needy, the relative caregiver shall be responsible for applying for CalWORKs benefits to cover his or her own needs.
(B)Concurrently with initiating the application for CalWORKs pursuant to this paragraph, the county welfare department shall also evaluate and approve or deny the home for purposes of AFDC-FC eligibility pursuant to Section 11402. The placing agency shall initiate the application for AFDC-FC and determine eligibility. If the child is found to be ineligible for AFDC-FC, the county shall initiate and complete the application for, and determine eligibility for, the Approved Relative Caregiver Funding Option Program if the child is placed with a relative and the county has opted into the program pursuant to Section 11461.3. If an application was submitted for purposes of determining CalWORKs eligibility pursuant to subparagraph (A) that contains all necessary information to determine eligibility for the Approved Relative Caregiver Funding Option Program, a new application need not be initiated for purposes of complying with this subparagraph. The beginning date of aid for the approved relative caregiver funding shall be either the date of placement or the date of approval of the home pursuant to this paragraph, whichever is later, but shall not be later than 30 days after the date of placement unless the county documents the need for additional time to complete the home approval process because of a need to obtain additional records or documentation to determine whether a criminal conviction can be waived, or because of another, similar circumstance. If additional time is necessary, the beginning date of aid for the Approved Relative Caregiver Funding Option Program shall be the date of approval of the home, but shall not be any later than 120 days after the date of placement. If the child is transferring from CalWORKs to the Approved Relative Caregiver Funding Option Program, but remains in the home of the same relative caregiver, the effective date of program transfer is the first of the month following the request to change programs.
(C)If the county determines that the child is not eligible for AFDC-FC benefits, the county welfare department shall explain the specific basis for this determination and shall screen the child for eligibility for the federal Supplemental Security Income program in accordance with Section 13758. The application date for CalWORKs for the child shall be the date the child was placed with the relative.
(3)The standards used to evaluate and grant or deny approval of the home of the relative and of the home of a nonrelative extended family member, as described in Section 362.7, shall be the same standards set forth in regulations for the licensing of foster family homes which prescribe standards of safety and sanitation for the physical plant and standards for basic personal care, supervision, and services provided by the caregiver.
(4)To the extent allowed by federal law, as a condition of receiving funding under Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.), if a relative or nonrelative extended family member meets all other conditions for approval, except for the receipt of the Federal Bureau of Investigations criminal history information for the relative or nonrelative extended family member, and other adults in the home, as indicated, the county welfare department may approve the home and document that approval, if the relative or nonrelative extended family member, and each adult in the home, has signed and submitted a statement that he or she has never been convicted of a crime in the United States, other than a traffic infraction as defined in paragraph (1) of subdivision (a) of Section 42001 of the Vehicle Code. If, after the approval has been granted, the department determines that the relative or nonrelative extended family member or other adult in the home has a criminal record, the approval may be terminated.
(5)If the criminal records check indicates that the person has been convicted of a crime for which the Director of Social Services cannot grant an exemption under Section 1522 of the Health and Safety Code, the child shall not be placed in the home. If the criminal records check indicates that the person has been convicted of a crime for which the Director of Social Services may grant an exemption under Section 1522 of the Health and Safety Code, the child shall not be placed in the home unless a criminal records exemption has been granted by the county based on substantial and convincing evidence to support a reasonable belief that the person with the criminal conviction is of such good character as to justify the placement and not present a risk of harm to the child.
(e)(1)If the child is removed, the social worker shall conduct, within 30 days, an investigation in order to identify and locate all grandparents, adult siblings, and other adult relatives of the child, as defined in paragraph (2) of subdivision (f) of Section 319, including any other adult relatives suggested by the parents. The social worker shall provide to all adult relatives who are located, except when that relatives history of family or domestic violence makes notification inappropriate, within 30 days of removal of the child, written notification and shall also, whenever appropriate, provide oral notification, in person or by telephone, of all the following information:
(A)The child has been removed from the custody of his or her parent or parents, or his or her guardians.
(B)An explanation of the various options to participate in the care and placement of the child and support for the childs family, including any options that may be lost by failing to respond. The notice shall provide information about providing care for the child while the family receives reunification services with the goal of returning the child to the parent or guardian, how to become a foster family home or approved relative or nonrelative extended family member as defined in Section 362.7, and additional services and support that are available in out-of-home placements. The notice shall also include information regarding the Kin-GAP Program (Article 4.5 (commencing with Section 11360) of Chapter 2 of Part 3 of Division 9), the CalWORKs program for approved relative caregivers (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9), the Approved Relative Caregiver Funding Option Program if the county has opted into the program under Section 11461.3, adoption, and adoption assistance (Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9), as well as other options for contact with the child, including, but not limited to, visitation. The State Department of Social Services, in consultation with the County Welfare Directors Association of California and other interested stakeholders, shall develop the written notice.
(2)The social worker shall also provide the adult relatives notified pursuant to paragraph (1) with a relative information form to provide information to the social worker and the court regarding the needs of the child. The form shall include a provision whereby the relative may request the permission of the court to address the court, if the relative so chooses. The Judicial Council, in consultation with the State Department of Social Services and the County Welfare Directors Association of California, shall develop the form.
(3)The social worker shall use due diligence in investigating the names and locations of the relatives pursuant to paragraph (1), including, but not limited to, asking the child in an age-appropriate manner about relatives important to the child, consistent with the childs best interest, and obtaining information regarding the location of the childs adult relatives. Each county welfare department shall create and make public a procedure by which relatives of a child who has been removed from his or her parents or guardians may identify themselves to the county welfare department and be provided with the notices required by paragraphs (1) and (2).
(f)In addition to the notice required by subdivision (e), if a relative requests placement of the child, the county social worker or eligibility worker shall explain to the relative, either in person or by telephone, the eligibility requirements and benefit amounts for the AFDC-FC and CalWORKs programs, and the Approved Relative Caregiver Funding Option Program if the county has opted into the program under Section 11461.3, as well as any actions the relative could take to affect the childs eligibility for those programs.
SEC. 2.Section 361.45 of the Welfare and Institutions Code is amended to read:361.45.(a)Notwithstanding any other law, when the sudden unavailability of a foster caregiver requires a change in placement on an emergency basis for a child who is under the jurisdiction of the juvenile court pursuant to Section 300, if an able and willing relative, as defined in Section 319, or an able and willing nonrelative extended family member, as defined in Section 362.7, is available and requests temporary placement of the child pending resolution of the emergency situation, the county welfare department shall initiate an assessment of the relatives or nonrelative extended family members suitability, which shall include an in-home inspection to assess the safety of the home and the ability of the relative or nonrelative extended family member to care for the childs needs, and a consideration of the results of a criminal records check conducted pursuant to Section 16504.5 and a check of allegations of prior child abuse or neglect concerning the relative or nonrelative extended family member and other adults in the home. Upon completion of this assessment, the child may be placed in the assessed home. For purposes of this paragraph, and except for the criminal records check conducted pursuant to Section 16504.5, the standards used to determine suitability shall be the same standards set forth in the regulations for the licensing of foster family homes.
(b)(1)Immediately following the placement of a child in the home of a relative, the county shall initiate an application for CalWORKs pursuant to Article 2 (commencing with Section 11250) on behalf of the child in order to ensure that the child receives funding while eligibility determinations for other benefits are pending. The county shall utilize the shortened CalWORKs application and simplified CalWORKs eligibility standards that pertain to determining a foster childs CalWORKs eligibility pursuant to Sections 11253.4 and 11461.3. The application date for CalWORKs and the beginning date of aid shall be the date the child was placed with the relative. If the relative caregiver is also needy, the relative caregiver shall be responsible for applying for CalWORKs benefits to cover his or her own needs.
(2)Concurrently with initiating the application for CalWORKs pursuant to this subdivision, the county welfare department shall also evaluate and approve or deny the home for purposes of AFDC-FC eligibility pursuant to Section 11402. The placing agency shall initiate the application for AFDC-FC and determine eligibility. If the child is found to be ineligible for AFDC-FC, the county shall initiate and complete the application for, and determine eligibility for, the Approved Relative Caregiver Funding Option Program if the child is placed with a relative and the county has opted into the program pursuant to Section 11461.3. If an application was submitted for purposes of determining CalWORKs eligibility pursuant to subparagraph (A) that contains all necessary information to determine eligibility for the Approved Relative Caregiver Funding Option Program, a new application need not be initiated for purposes of complying with this subparagraph. The beginning date of aid for the approved relative caregiver funding shall be either the date of placement or the date of approval of the home pursuant to paragraph (2) of subdivision (d) of Section 309, whichever is later, but shall not be later than 30 days after the date of placement unless the county documents the need for additional time to complete the home approval process because of a need to obtain additional records or documentation to determine whether a criminal conviction can be waived, or because of another, similar circumstance. If additional time is necessary, the beginning date of aid for the Approved Relative Caregiver Funding Option Program shall be the date of approval of the home, but shall not be any later than 120 days after the date of placement. If the child is transferring from CalWORKs to the Approved Relative Caregiver Funding Option Program, but remains in the home of the same relative caregiver, the effective date of program transfer is the first of the month following the request to change programs.
(3)If the county determines that the child is not eligible for AFDC-FC benefits, the county welfare department shall explain the specific basis for this determination and shall screen the child for eligibility for the federal Supplemental Security Income program in accordance with Section 13758. The application date for CalWORKs for the child shall be the date the child was placed with the relative.
(c)The standards used to evaluate and grant or deny approval of the home of the relative and of the home of a nonrelative extended family member, as described in Section 362.7, shall be the same standards set forth in regulations for the licensing of foster family homes which prescribe standards of safety and sanitation for the physical plant and standards for basic personal care, supervision, and services provided by the caregiver.
(d)If a relative or nonrelative extended family member, and other adults in the home, as indicated, meets all other conditions for approval, except for the receipt of the Federal Bureau of Investigations criminal history information for the relative or nonrelative extended family member, the county welfare department may approve the home and document that approval, if the relative or nonrelative extended family member, and each adult in the home, has signed and submitted a statement that he or she has never been convicted of a crime in the United States, other than a traffic infraction as defined in paragraph (1) of subdivision (a) of Section 42001 of the Vehicle Code. If, after the approval has been granted, the department determines that the relative or nonrelative extended family member or other adult in the home has a criminal record, the approval may be terminated.
(e)(1)If a nonminor dependent, as defined in subdivision (v) of Section 11400, is placed in the home of a relative or nonrelative extended family member, the home shall be approved using the same standards set forth in regulations as described in Section 1502.7 of the Health and Safety Code.
(2)The department, in consultation with representatives of the Legislature, the County Welfare Directors Association, the Chief Probation Officers of California, the California Youth Connection, the Judicial Council, former foster youth, child advocacy organizations, dependency counsel for children, juvenile justice advocacy organizations, foster caregiver organizations, labor organizations, and representatives of Indian tribes, shall revise regulations regarding health and safety standards for approving relative homes in which nonminor dependents, as defined in subdivision (v) of Section 11400, of the juvenile court are placed under the responsibility of the county welfare or probation department, or an Indian tribe that entered into an agreement pursuant to Section 10553.1.
(3)Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department, in consultation with the stakeholders listed in paragraph (2), shall prepare for implementation of the applicable provisions of this section by publishing all-county letters or similar instructions from the director by October 1, 2011, to be effective January 1, 2012. Emergency regulations to implement this section may be adopted by the director in accordance with the Administrative Procedure Act. The initial adoption of the emergency regulations and one readoption of the initial regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the first readoption of those emergency regulations shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days.
SEC. 3.Section 11450 of the Welfare and Institutions Code, as added by Section 4 of Chapter 632 of the Statutes of 2014, is amended to read:11450.(a)(1)(A)Aid shall be paid for each needy family, which shall include all eligible brothers and sisters of each eligible applicant or recipient child and the parents of the children, but shall not include unborn children, or recipients of aid under Chapter 3 (commencing with Section 12000), qualified for aid under this chapter. In determining the amount of aid paid, and notwithstanding the minimum basic standards of adequate care specified in Section 11452, the familys income, exclusive of any amounts considered exempt as income or paid pursuant to subdivision (e) or Section 11453.1, determined for the prospective semiannual period pursuant to Sections 11265.1, 11265.2, and 11265.3, and then calculated pursuant to Section 11451.5, shall be deducted from the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2). In no case shall the amount of aid paid for each month exceed the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2), plus any special needs, as specified in subdivisions (c), (e), (f), and (g):
Number of | Maximum |
|---|---|
1 | $326 |
2 | 535 |
3 | 663 |
4 | 788 |
5 | 899 |
6 | 1,010 |
7 | 1,109 |
8 | 1,209 |
9 | 1,306 |
10 or more | 1,403 |
(B)If, when, and during those times that the United States government increases or decreases its contributions in assistance of needy children in this state above or below the amount paid on July 1, 1972, the amounts specified in the above table shall be increased or decreased by an amount equal to that increase or decrease by the United States government, provided that no increase or decrease shall be subject to subsequent adjustment pursuant to Section 11453.
(2)The sums specified in paragraph (1) shall not be adjusted for cost of living for the 199091, 199192, 199293, 199394, 199495, 199596, 199697, and 199798 fiscal years, and through October 31, 1998, nor shall that amount be included in the base for calculating any cost-of-living increases for any fiscal year thereafter. Elimination of the cost-of-living adjustment pursuant to this paragraph shall satisfy the requirements of Section 11453.05, and no further reduction shall be made pursuant to that section.
(b)(1)When the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant child who is 18 years of age or younger at any time after verification of pregnancy, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the child and her child, if born, would have qualified for aid under this chapter. Verification of pregnancy shall be required as a condition of eligibility for aid under this subdivision.
(2) Notwithstanding paragraph (1), when the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant woman for the month in which the birth is anticipated and for the six-month period immediately prior to the month in which the birth is anticipated, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the woman and child, if born, would have qualified for aid under this chapter. Verification of pregnancy shall be required as a condition of eligibility for aid under this subdivision.
(3)Paragraph (1) shall apply only when the Cal-Learn Program is operative.
(c)The amount of forty-seven dollars ($47) per month shall be paid to pregnant women qualified for aid under subdivision (a) or (b) to meet special needs resulting from pregnancy if the woman and child, if born, would have qualified for aid under this chapter. County welfare departments shall refer all recipients of aid under this subdivision to a local provider of the Women, Infants, and Children program. If that payment to pregnant women qualified for aid under subdivision (a) is considered income under federal law in the first five months of pregnancy, payments under this subdivision shall not apply to persons eligible under subdivision (a), except for the month in which birth is anticipated and for the three-month period immediately prior to the month in which delivery is anticipated, if the woman and child, if born, would have qualified for aid under this chapter.
(d)For children receiving AFDC-FC under this chapter, there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month that, when added to the childs income, is equal to the rate specified in Section 11460, 11461, 11462, 11462.1, or 11463. In addition, the child shall be eligible for special needs, as specified in departmental regulations.
(e)In addition to the amounts payable under subdivision (a) and Section 11453.1, a family shall be entitled to receive an allowance for recurring special needs not common to a majority of recipients. These recurring special needs shall include, but not be limited to, special diets upon the recommendation of a physician for circumstances other than pregnancy, and unusual costs of transportation, laundry, housekeeping services, telephone, and utilities. The recurring special needs allowance for each family per month shall not exceed that amount resulting from multiplying the sum of ten dollars ($10) by the number of recipients in the family who are eligible for assistance.
(f)After a family has used all available liquid resources, both exempt and nonexempt, in excess of one hundred dollars ($100), with the exception of funds deposited in a restricted account described in subdivision (a) of Section 11155.2, the family shall also be entitled to receive an allowance for nonrecurring special needs.
(1)An allowance for nonrecurring special needs shall be granted for replacement of clothing and household equipment and for emergency housing needs other than those needs addressed by paragraph (2). These needs shall be caused by sudden and unusual circumstances beyond the control of the needy family. The department shall establish the allowance for each of the nonrecurring special needs items. The sum of all nonrecurring special needs provided by this subdivision shall not exceed six hundred dollars ($600) per event.
(2)(A)Homeless assistance is available to a homeless family seeking shelter when the family is eligible for aid under this chapter. Homeless assistance for temporary shelter is also available to homeless families that are apparently eligible for aid under this chapter. Apparent eligibility exists when evidence presented by the applicant, or that is otherwise available to the county welfare department, and the information provided on the application documents indicate that there would be eligibility for aid under this chapter if the evidence and information were verified. However, an alien applicant who does not provide verification of his or her eligible alien status, or a woman with no eligible children who does not provide medical verification of pregnancy, is not apparently eligible for purposes of this section.
(B)A family is considered homeless, for the purpose of this section, when the family lacks a fixed and regular nighttime residence; or the family has a primary nighttime residence that is a supervised publicly or privately operated shelter designed to provide temporary living accommodations; or the family is residing in a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. A family is also considered homeless for the purpose of this section if the family has received a notice to pay rent or quit. The family shall demonstrate that the eviction is the result of a verified financial hardship as a result of extraordinary circumstances beyond their control, and not other lease or rental violations, and that the family is experiencing a financial crisis that could result in homelessness if preventative assistance is not provided.
(3)(A)(i)A nonrecurring special needs benefit of sixty-five dollars ($65) a day shall be available to families of up to four members for the costs of temporary shelter, subject to the requirements of this paragraph. The fifth and additional members of the family shall each receive fifteen dollars ($15) per day, up to a daily maximum of one hundred twenty-five dollars ($125). County welfare departments may increase the daily amount available for temporary shelter as necessary to secure the additional bedspace needed by the family.
(ii)This special needs benefit shall be granted or denied immediately upon the familys application for homeless assistance, and benefits shall be available for up to three working days. The county welfare department shall verify the familys homelessness within the first three working days and if the family meets the criteria of questionable homelessness established by the department, the county welfare department shall refer the family to its early fraud prevention and detection unit, if the county has such a unit, for assistance in the verification of homelessness within this period.
(iii)After homelessness has been verified, the three-day limit shall be extended for a period of time which, when added to the initial benefits provided, does not exceed a total of 16 calendar days. This extension of benefits shall be done in increments of one week and shall be based upon searching for permanent housing which shall be documented on a housing search form, good cause, or other circumstances defined by the department. Documentation of a housing search shall be required for the initial extension of benefits beyond the three-day limit and on a weekly basis thereafter as long as the family is receiving temporary shelter benefits. Good cause shall include, but is not limited to, situations in which the county welfare department has determined that the family, to the extent it is capable, has made a good faith but unsuccessful effort to secure permanent housing while receiving temporary shelter benefits.
(B)(i)A nonrecurring special needs benefit for permanent housing assistance is available to pay for last months rent and security deposits when these payments are reasonable conditions of securing a residence, or to pay for up to two months of rent arrearages, when these payments are a reasonable condition of preventing eviction.
(ii)The last months rent or monthly arrearage portion of the payment (I) shall not exceed 80 percent of the familys total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size and (II) shall only be made to families that have found permanent housing costing no more than 80 percent of the familys total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size.
(iii)However, if the county welfare department determines that a family intends to reside with individuals who will be sharing housing costs, the county welfare department shall, in appropriate circumstances, set aside the condition specified in subclause (II) of clause (ii).
(C)The nonrecurring special needs benefit for permanent housing assistance is also available to cover the standard costs of deposits for utilities which are necessary for the health and safety of the family.
(D)A payment for or denial of permanent housing assistance shall be issued no later than one working day from the time that a family presents evidence of the availability of permanent housing. If an applicant family provides evidence of the availability of permanent housing before the county welfare department has established eligibility for aid under this chapter, the county welfare department shall complete the eligibility determination so that the denial of or payment for permanent housing assistance is issued within one working day from the submission of evidence of the availability of permanent housing, unless the family has failed to provide all of the verification necessary to establish eligibility for aid under this chapter.
(E)(i)Except as provided in clauses (ii) and (iii), eligibility for the temporary shelter assistance and the permanent housing assistance pursuant to this paragraph shall be limited to one period of up to 16 consecutive calendar days of temporary assistance and one payment of permanent assistance. Any family that includes a parent or nonparent caretaker relative living in the home who has previously received temporary or permanent homeless assistance at any time on behalf of an eligible child shall not be eligible for further homeless assistance. Any person who applies for homeless assistance benefits shall be informed that the temporary shelter benefit of up to 16 consecutive days is available only once in a lifetime, with certain exceptions, and that a break in the consecutive use of the benefit constitutes permanent exhaustion of the temporary benefit.
(ii)A family that becomes homeless as a direct and primary result of a state or federally declared natural disaster shall be eligible for temporary and permanent homeless assistance.
(iii)A family shall be eligible for temporary and permanent homeless assistance when homelessness is a direct result of domestic violence by a spouse, partner, or roommate; physical or mental illness that is medically verified that shall not include a diagnosis of alcoholism, drug addiction, or psychological stress; or, the uninhabitability of the former residence caused by sudden and unusual circumstances beyond the control of the family including natural catastrophe, fire, or condemnation. These circumstances shall be verified by a third-party governmental or private health and human services agency, except that domestic violence may also be verified by a sworn statement by the victim, as provided under Section 11495.25. Homeless assistance payments based on these specific circumstances may not be received more often than once in any 12-month period. In addition, if the domestic violence is verified by a sworn statement by the victim, the homeless assistance payments shall be limited to two periods of not more than 16 consecutive calendar days of temporary assistance and two payments of permanent assistance. A county may require that a recipient of homeless assistance benefits who qualifies under this paragraph for a second time in a 24-month period participate in a homelessness avoidance case plan as a condition of eligibility for homeless assistance benefits. The county welfare department shall immediately inform recipients who verify domestic violence by a sworn statement of the availability of domestic violence counseling and services, and refer those recipients to services upon request.
(iv)If a county requires a recipient who verifies domestic violence by a sworn statement to participate in a homelessness avoidance case plan pursuant to clause (iii), the plan shall include the provision of domestic violence services, if appropriate.
(v)If a recipient seeking homeless assistance based on domestic violence pursuant to clause (iii) has previously received homeless avoidance services based on domestic violence, the county shall review whether services were offered to the recipient and consider what additional services would assist the recipient in leaving the domestic violence situation.
(vi)The county welfare department shall report necessary data to the department through a statewide homeless assistance payment indicator system, as requested by the department, regarding all recipients of aid under this paragraph.
(F)The county welfare departments, and all other entities participating in the costs of the CalWORKs program, have the right in their share to any refunds resulting from payment of the permanent housing. However, if an emergency requires the family to move within the 12-month period specified in subparagraph (E), the family shall be allowed to use any refunds received from its deposits to meet the costs of moving to another residence.
(G)Payments to providers for temporary shelter and permanent housing and utilities shall be made on behalf of families requesting these payments.
(H)The daily amount for the temporary shelter special needs benefit for homeless assistance may be increased if authorized by the current years Budget Act by specifying a different daily allowance and appropriating the funds therefor.
(I)No payment shall be made pursuant to this paragraph unless the provider of housing is a commercial establishment, shelter, or person in the business of renting properties who has a history of renting properties.
(g)A child who has been removed from his or her home and detained or placed in the home of a relative caregiver and is the subject of a petition filed under Section 300, 601, or 602, or is the subject of a voluntary placement agreement, as defined in subdivision (p) of Section 11400, and who is a teen parent whose child is living in the same home or placement, shall also receive an infant supplement, in an amount determined in the manner provided in subdivision (b) of Section 11465 for a child in a foster family home.
(h)The department shall establish rules and regulations ensuring the uniform statewide application of this section.
(i)The department shall notify all applicants and recipients of aid through the standardized application form that these benefits are available and shall provide an opportunity for recipients to apply for the funds quickly and efficiently.
(j)(1)Except for the purposes of Section 15200, the amounts payable to recipients pursuant to Section 11453.1 shall not constitute part of the payment schedule set forth in subdivision (a).
(2)The amounts payable to recipients pursuant to Section 11453.1 shall not constitute income to recipients of aid under this section.
(k)For children receiving Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month, which, when added to the childs income, is equal to the rate specified in Sections 11364 and 11387.
(l)(1)A county shall implement the semiannual reporting requirements in accordance with Chapter 501 of the Statutes of 2011 no later than October 1, 2013.
(2)Upon completion of the implementation described in paragraph (1), each county shall provide a certificate to the director certifying that semiannual reporting has been implemented in the county.
(3)Upon filing the certificate described in paragraph (2), a county shall comply with the semiannual reporting provisions of this section.
SEC. 4.Section 11461.3 of the Welfare and Institutions Code is amended to read:11461.3.(a)(1)The Legislature recognizes the importance of approved relative caregivers to the states child welfare system. Relative placements are the most utilized type of foster placement in California. In establishing the Approved Relative Caregiver Funding Option Program pursuant to this section, the Legislature intends to ensure that children placed with relatives are able to access state funding in an equal amount and in a similar manner to children in other types of foster placements.
(2)The Approved Relative Caregiver Funding Option Program is hereby established for the purpose of making the amount paid to approved relative caregivers for the in-home care of children placed with them who are ineligible for AFDC-FC payments equal to the amount paid on behalf of children who are eligible for AFDC-FC payments. This is an optional program for counties choosing to participate, and in so doing, participating counties agree to the terms of this section as a condition of their participation. It is the intent of the Legislature that the funding described in paragraph (1) of subdivision (e) for the Approved Relative Caregiver Funding Option Program be appropriated, and available for use from January through December of each year, unless otherwise specified.
(b)Subject to subdivision (c), effective January 1, 2015, counties shall pay an approved relative caregiver a per child per month rate in return for the care and supervision, as defined in subdivision (b) of Section 11460, of a child that is placed with the relative caregiver that is equal to the basic rate paid to foster care providers pursuant to subdivision (g) of Section 11461, if both of the following conditions are met:
(1)The county with payment responsibility has notified the department in writing by October 1 of the year before participation begins of its decision to participate in the Approved Relative Caregiver Funding Option Program.
(2)The related child placed in the home meets all of the following requirements:
(A)The child resides in the State of California.
(B)The child is described by subdivision (b), (c), or (e) of Section 11401 and the county welfare department or the county probation department is responsible for the placement and care of the child.
(C)The child is not eligible for AFDC-FC while placed with the approved relative caregiver because the child is not eligible for federal financial participation in the AFDC-FC payment.
(c)A countys election to participate in the Approved Relative Caregiver Funding Option Program shall affirmatively indicate that the county understands and agrees to all of the following conditions:
(1)Commencing October 1, 2014, the county shall notify the department in writing of its decision to participate in the Approved Relative Caregiver Funding Option Program. Failure to make timely notification, without good cause as determined by the department, shall preclude the county from participating in the program for the upcoming year. Annually thereafter, any county not presently participating who elects to do so shall notify the department in writing no later than October 1 of its decision to participate for the upcoming calendar year.
(2)The county shall confirm that it will make per child per month payments to all approved relative caregivers on behalf of eligible children in the amount specified in subdivision (b) for the duration of the participation of the county in this program.
(3)The county shall confirm that it will be solely responsible to pay any additional costs needed to make all payments pursuant to subdivision (b) if the state and federal funds allocated to the Approved Relative Caregiver Funding Option Program pursuant to paragraph (1) of subdivision (e) are insufficient to make all eligible payments.
(d)(1) A county deciding to opt out of the Approved Relative Caregiver Funding Option Program shall provide at least 120 days prior written notice of that decision to the department. Additionally, the county shall provide at least 90 days prior written notice to the approved relative caregiver or caregivers informing them that his or her per child per month payment will be reduced and the date that the reduction will occur.
(2)The department shall presume all counties have opted out of the Approved Relative Caregiver Funding Option Program if the funding appropriated in subclause (II) of clause (i) of subparagraph (B) of paragraph (1) of subdivision (e), including any additional funds appropriated pursuant to clause (ii) of subparagraph (B) of paragraph (1) of subdivision (e), is reduced, unless a county notifies the department in writing of its intent to opt in within 60 days of enactment of the State Budget. The counties shall provide at least 90 days prior written notice to the approved relative caregiver or caregivers informing them that his or her per child per month payment will be reduced, and the date that the reduction will occur.
(3)Any reduction in payments received by an approved relative caregiver on behalf of a child under this section that results from a decision by a county, including the presumed opt out pursuant to paragraph (2), to not participate in the Approved Relative Caregiver Funding Option Program shall be exempt from state hearing jurisdiction under Section 10950.
(e)(1) The following funding shall be used for the Approved Relative Caregiver Funding Option Program:
(A)The applicable regional per-child CalWORKs grant.
(B)(i)General Fund resources that do not count toward the states maintenance of effort requirements under Section 609(a)(7)(B)(i) of Title 42 of the United States Code. For this purpose, the following money is hereby appropriated:
(I)The sum of thirty million dollars ($30,000,000) from the General Fund for the period January 1, 2015, through December 31, 2015.
(II)The sum of thirty million dollars ($30,000,000) from the General Fund in each calendar year thereafter, as cumulatively adjusted annually by the California Necessities Index used for each May Revision of the Governors Budget, to be used in each respective calendar year.
(ii)To the extent that the appropriation made in subclause (I) is insufficient to fully fund the base caseload of approved relative caregivers as of July 1, 2014, for the period of time described in subclause (I), as jointly determined by the department and the County Welfare Directors Association and approved by the Department of Finance on or before October 1, 2015, the amounts specified in subclauses (I) and (II) shall be increased in the respective amounts necessary to fully fund that base caseload. Thereafter, the adjusted amount of subclause (II), and the other terms of that provision, including an annual California Necessities Index adjustment to its amount, shall apply.
(C)County funds only to the extent required under paragraph (3) of subdivision (c).
(D)This section is intended to appropriate the funding necessary to fully fund the base caseload of approved relative caregivers, defined as the number of approved relative caregivers caring for a child who is not eligible to receive AFDC-FC payments, as of July 1, 2014.
(2)Funds available pursuant to subparagraphs (A) and (B) of paragraph (1) shall be allocated to participating counties proportionate to the number of their approved relative caregiver placements, using a methodology and timing developed by the department, following consultation with county human services agencies and their representatives.
(3)Notwithstanding subdivision (c), if in any calendar year the entire amount of funding appropriated by the state for the Approved Relative Caregiver Funding Option Program has not been fully allocated to or utilized by counties, a county that has paid any funds pursuant to subparagraph (C) of paragraph (1) of subdivision (e) may request reimbursement for those funds from the department. The authority of the department to approve the requests shall be limited by the amount of available unallocated funds.
(4)Receipt of funding through the Approved Relative Caregiver Funding Option Program shall begin immediately upon a finding that the child is not eligible for AFDC-FC pursuant to subdivision (a) of Section 11404 and initiation of payment shall not be dependent upon completion of any application. To the extent that an application or other information is required to determine county share of costs or for the utilization of CalWORKs funding, the county shall complete that application, or provide that information, on behalf of the relative caregiver.
(f)An approved relative caregiver receiving payments on behalf of a child pursuant to this section shall not be eligible to receive additional CalWORKs payments on behalf of the same child under Section 11450.
(g)To the extent permitted by federal law, payments received by the approved relative caregiver from the Approved Relative Caregiver Funding Option Program shall not be considered income for the purpose of determining other public benefits.
(h)Prior to referral of any individual or recipient, or that persons case, to the local child support agency for child support services pursuant to Section 17415 of the Family Code, the county human services agency shall determine if an applicant or recipient has good cause for noncooperation, as set forth in Section 11477.04. If the applicant or recipient claims good cause exception at any subsequent time to the county human services agency or the local child support agency, the local child support agency shall suspend child support services until the county social services agency determines the good cause claim, as set forth in Section 11477.04. If good cause is determined to exist, the local child support agency shall suspend child support services until the applicant or recipient requests their resumption, and shall take other measures that are necessary to protect the applicant or recipient and the children. If the applicant or recipient is the parent of the child for whom aid is sought and the parent is found to have not cooperated without good cause as provided in Section 11477.04, the applicants or recipients family grant shall be reduced by 25 percent for the time the failure to cooperate lasts.
(i)Consistent with Section 17552 of the Family Code, if aid is paid under this chapter on behalf of a child who is under the jurisdiction of the juvenile court and whose parent or guardian is receiving reunification services, the county human services agency shall determine, prior to referral of the case to the local child support agency for child support services, whether the referral is in the best interest of the child, taking into account both of the following:
(1)Whether the payment of support by the parent will pose a barrier to the proposed reunification in that the payment of support will compromise the parents ability to meet the requirements of the parents reunification plan.
(2)Whether the payment of support by the parent will pose a barrier to the proposed reunification in that the payment of support will compromise the parents current or future ability to meet the financial needs of the child.
(j)An approved relative caregiver may receive payments on behalf of a child who meets the requirements of paragraph (2) of subdivision (b), regardless of whether the child resides, or will be residing, outside of the county of jurisdiction pursuant to his or her placement. The county of jurisdiction shall be responsible for providing the Approved Relative Caregiver Funding Option payment to the relative caregiver.
(k)A child who has been removed from his or her home and detained or placed in the home of a relative caregiver and is the subject of a petition filed under Section 300, 601, or 602, or is the subject of a voluntary placement agreement, as defined in subdivision (p) of Section 11400, and who is a teen parent whose child is living in the same home or placement, shall also receive an infant supplement, in an amount determined in the manner provided in subdivision (b) of Section 11465 for a child in a foster family home.
SEC. 4.Section 11461.3 of the Welfare and Institutions Code is amended to read:11461.3.(a)(1)The Legislature recognizes the importance of approved relative caregivers to the states child welfare system. Relative placements are the most utilized type of foster placement in California. In establishing the Approved Relative Caregiver Funding Option Program pursuant to this section, the Legislature intends to ensure that children placed with relatives are able to access state funding in an equal amount and in a similar manner to children in other types of foster placements.
(2)The Approved Relative Caregiver Funding Option Program is hereby established for the purpose of making the amount paid to approved relative caregivers for the in-home care of children placed with them who are ineligible for AFDC-FC payments equal to the amount paid on behalf of children who are eligible for AFDC-FC payments. This is an optional program for counties choosing to participate, and in so doing, participating counties agree to the terms of this section as a condition of their participation. It is the intent of the Legislature that the funding described in paragraph (1) of subdivision (g) for the Approved Relative Caregiver Funding Option Program be appropriated, and available for use from January through December of each year, unless otherwise specified.
(b)Subject to subdivision (e), effective January 1, 2015, participating counties shall pay an approved relative caregiver a per child per month rate in return for the care and supervision, as defined in subdivision (b) of Section 11460, of a child that is placed with the relative caregiver that is equal to the basic rate paid to foster care providers pursuant to subdivision (g) of Section 11461, if both of the following conditions are met:
(1)The county with payment responsibility has notified the department in writing by October 1 of the year before participation begins of its decision to participate in the Approved Relative Caregiver Funding Option Program.
(2)The related child placed in the home meets all of the following requirements:
(A)The child resides in California.
(B)The child is described by subdivision (b), (c), or (e) of Section 11401 and the county welfare department or the county probation department is responsible for the placement and care of the child.
(C)The child is not eligible for AFDC-FC while placed with the approved relative caregiver because the child is not eligible for federal financial participation in the AFDC-FC payment.
(c)Any income or benefits received by an eligible child or the approved relative caregiver on behalf of the eligible child that would be offset against the basic rate paid to a foster care provider pursuant to subdivision (g) of Section 11461, shall be offset from any funds that are not CalWORKs funds paid to the approved relative caregiver pursuant to this section.
(d)Participating counties shall recoup an overpayment in the Approved Relative Caregiver Funding Option Program received by an approved relative caregiver using the standards and processes for overpayment recoupment that are applicable to overpayments to an approved home of a relative, as specified in Section 11466.24. Recouped overpayments shall not be subject to remittance to the federal government. Any overpaid funds that are collected by the participating counties shall be remitted to the state after subtracting both of the following:
(1)An amount not to exceed the county share of the CalWORKs portion of the Approved Relative Caregiver Funding Option Program payment, if any.
(2)Any other county funds that were included in the Approved Relative Caregiver Funding Option Program payment.
(e)A countys election to participate in the Approved Relative Caregiver Funding Option Program shall affirmatively indicate that the county understands and agrees to all of the following conditions:
(1)Commencing October 1, 2014, the county shall notify the department in writing of its decision to participate in the Approved Relative Caregiver Funding Option Program. Failure to make timely notification, without good cause as determined by the department, shall preclude the county from participating in the program for the upcoming calendar year. Annually thereafter, any county not already participating who elects to do so shall notify the department in writing no later than October 1 of its decision to participate for the upcoming calendar year.
(2)The county shall confirm that it will make per child per month payments to all approved relative caregivers on behalf of eligible children in the amount specified in subdivision (b) for the duration of the participation of the county in this program.
(3)The county shall confirm that it will be solely responsible to pay any additional costs needed to make all payments pursuant to subdivision (b) if the state and federal funds allocated to the Approved Relative Caregiver Funding Option Program pursuant to paragraph (1) of subdivision(g) are insufficient to make all eligible payments.
(f)(1) A county deciding to opt out of the Approved Relative Caregiver Funding Option Program shall provide at least 120 days prior written notice of that decision to the department. Additionally, the county shall provide at least 90 days prior written notice to the approved relative caregiver or caregivers informing them that his or her per child per month payment will be reduced and the date that the reduction will occur.
(2)The department shall presume that all counties have opted out of the Approved Relative Caregiver Funding Option Program if the funding appropriated for the current 12-month period is reduced below the amount specified in subparagraph (B), subparagraph (C), or subparagraph (D) of paragraph(2) of subdivision (g) for that 12-month period, unless a county notifies the department in writing of its intent to opt in within 60 days of enactment of the State Budget. The counties shall provide at least 90 days prior written notice to the approved relative caregiver or caregivers informing them that his or her per child per month payment will be reduced, and the date that reduction will occur.
(3)Any reduction in payments received by an approved relative caregiver on behalf of a child under this section that results from a decision by a county, including the presumed opt-out pursuant to paragraph (2), to not participate in the Approved Relative Caregiver Funding Option Program shall be exempt from state hearing jurisdiction under Section 10950.
(4)Receipt of funding through the Approved Relative Caregiver Funding Option Program shall begin immediately upon a finding that the child is not eligible for AFDC-FC pursuant to subdivision (a) of Section 11404 and approval of the home, consistent with the requirements of subparagraph (B) of paragraph (2) of subdivision (d) of Section 309. To the extent that an application or other information is required to determine county share of costs or for the utilization of CalWORKs funding, the county shall complete that application, or provide that information, on behalf of the relative caregiver, to the extent possible, prior to requesting information from the relative caregiver. If an application was submitted for purposes of determining CalWORKs eligibility pursuant to subparagraph (A) of paragraph (2) of subdivision (d) of Section 309 or paragraph (1) of subdivision (b) of Section 361.45 that contains all necessary information to determine eligibility for the Approved Relative Caregiver Funding Option Program, a new application need not be initiated.
(g)(1) The following funding shall be used for the Approved Relative Caregiver Funding Option Program:
(A)The applicable regional per-child CalWORKs grant, in accordance with subdivision (a) of Section 11253.4.
(B) General Fund resources, as appropriated in paragraph (2).
(C)County funds only to the extent required under paragraph (3) of subdivision (e).
(D)Funding described in subparagraphs (A) and (B) is intended to fully fund the base caseload of approved relative caregivers, which is defined as the number of approved relative caregivers caring for a child who is not eligible to receive AFDC-FC payments, as of July 1, 2014.
(2)The following amount is hereby appropriated from the General Fund as follows:
(A)The sum of fifteen million dollars ($15,000,000), for the period of January 1, 2015, to June 30, 2015, inclusive.
(B)For the period of July 1, 2015, to June 30, 2016, inclusive, there shall be appropriated an amount equal to the sum of all of the following:
(i)Two times the amount appropriated pursuant to subparagraph (A), inclusive of any increase pursuant to paragraph (3).
(ii)The amount necessary to increase or decrease the CalWORKs funding associated with the base caseload described in subparagraph (D) of paragraph (1) to reflect any change from the prior fiscal year in the applicable regional per-child CalWORKs grant described in subparagraph (A) of paragraph (1).
(iii)The additional amount necessary to fully fund the base caseload described in subparagraph (D) of paragraph (1), reflective of the annual California Necessities Index increase to the basic rate paid to foster care providers.
(C)For every 12-month period thereafter, commencing with the period of July 1, 2016, to June 30, 2017, inclusive, the sum of all of the following shall be appropriated for purposes of this section:
(i)The total General Fund amount provided pursuant to this paragraph for the previous 12-month period.
(ii)The amount necessary to increase or decrease the CalWORKs funding associated with the base caseload described in subparagraph (D) of paragraph (1) to reflect any change from the prior fiscal year in the applicable regional per-child CalWORKs grant described in subparagraph (A) of paragraph (1).
(iii)The additional amount necessary to fully fund the base caseload described in subparagraph (D) of paragraph (1), reflective of the annual California Necessities Index increase to the basic rate paid to foster care providers.
(D) Notwithstanding clauses (ii) and (iii) of subparagraph (B) and clauses (ii) and (iii) of subparagraph (C), the total General Fund appropriation made pursuant to subparagraph (B) shall not be less than the greater of the following amounts:
(i)Thirty million dollars ($30,000,000).
(ii)Two times the amount appropriated pursuant to subparagraph (A), inclusive of any increase pursuant to paragraph (3).
(3)To the extent that the appropriation made by subparagraph (A) of paragraph (2) is insufficient to fully fund the base caseload of approved relative caregivers as of July 1, 2014, as described in subparagraph (D) of paragraph (1), for the period of January 1, 2015, to June 30, 2015, inclusive, as jointly determined by the department and the County Welfare Directors Association and approved by the Department of Finance on or before October 1, 2015, the amount specified in subparagraph (A) of paragraph (2) shall be increased by the amount necessary to fully fund that base caseload.
(4)Funds available pursuant to paragraph (2) shall be allocated to participating counties proportionate to the number of their approved relative caregiver placements, using a methodology and timing developed by the department, following consultation with county human services agencies and their representatives.
(5)Notwithstanding subdivision (e), if in any calendar year the entire amount of funding appropriated by the state for the Approved Relative Caregiver Funding Option Program has not been fully allocated to or utilized by participating counties, a participating county that has paid any funds pursuant to subparagraph (C) of paragraph (1) of subdivision (g) may request reimbursement for those funds from the department. The authority of the department to approve the requests shall be limited by the amount of available unallocated funds.
(h)An approved relative caregiver receiving payments on behalf of a child pursuant to this section shall not be eligible to receive additional CalWORKs payments on behalf of the same child under Section 11450.
(i)To the extent permitted by federal law, payments received by the approved relative caregiver from the Approved Relative Caregiver Funding Option Program shall not be considered income for the purpose of determining other public benefits.
(j)Prior to referral of any individual or recipient, or that persons case, to the local child support agency for child support services pursuant to Section 17415 of the Family Code, the county human services agency shall determine if an applicant or recipient has good cause for noncooperation, as set forth in Section 11477.04. If the applicant or recipient claims good cause exception at any subsequent time to the county human services agency or the local child support agency, the local child support agency shall suspend child support services until the county social services agency determines the good cause claim, as set forth in Section 11477.04. If good cause is determined to exist, the local child support agency shall suspend child support services until the applicant or recipient requests their resumption, and shall take other measures that are necessary to protect the applicant or recipient and the children. If the applicant or recipient is the parent of the child for whom aid is sought and the parent is found to have not cooperated without good cause as provided in Section 11477.04, the applicants or recipients family grant shall be reduced by 25 percent for the time the failure to cooperate lasts.
(k)Consistent with Section 17552 of the Family Code, if aid is paid under this chapter on behalf of a child who is under the jurisdiction of the juvenile court and whose parent or guardian is receiving reunification services, the county human services agency shall determine, prior to referral of the case to the local child support agency for child support services, whether the referral is in the best interest of the child, taking into account both of the following:
(1)Whether the payment of support by the parent will pose a barrier to the proposed reunification in that the payment of support will compromise the parents ability to meet the requirements of the parents reunification plan.
(2)Whether the payment of support by the parent will pose a barrier to the proposed reunification in that the payment of support will compromise the parents current or future ability to meet the financial needs of the child.
(l)An approved relative caregiver may receive payments on behalf of a child who meets the requirements of paragraph (2) of subdivision (b), regardless of whether the child resides, or will be residing, outside of the county of jurisdiction pursuant to his or her placement. The county of jurisdiction shall be responsible for providing the Approved Relative Caregiver Funding Option payment to the relative caregiver.
(m)A child who has been removed from his or her home and detained or placed in the home of a relative caregiver and is the subject of a petition filed under Section 300, 601, or 602, or is the subject of a voluntary placement agreement, as defined in subdivision (p) of Section 11400, and who is a teen parent whose child is living in the same home or placement, shall also receive an infant supplement, in an amount determined in the manner provided in subdivision (b) of Section 11465 for a child in a foster family home.
SEC. 5.Section 11465 of the Welfare and Institutions Code is amended to read:11465.(a)When a child is living with a parent who receives AFDC-FC, Approved Relative Caregiver Funding Option Program benefits, or Kin-GAP benefits, the rate paid to the provider on behalf of the parent shall include an infant supplement to cover the cost of care and supervision of the child.
(b)For each category of eligible licensed community care facility, as defined in Section 1502 of the Health and Safety Code, the department shall adopt regulations setting forth a uniform rate to cover the cost of care and supervision of the child in each category of eligible licensed community care facility.
(c)(1)On and after July 1, 1998, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 6 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate.
(2)(A)On and after July 1, 1999, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be adjusted by an amount equal to the California Necessities Index computed pursuant to Section 11453, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate, subject to further adjustment pursuant to subparagraph (B).
(B)In addition to the adjustment specified in subparagraph (A), on and after January 1, 2000, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate.
(3)Subject to the availability of funds, for the 200001 fiscal year and annually thereafter, these rates shall be adjusted for cost of living pursuant to procedures in Section 11453.
(4)On and after January 1, 2008, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 5 percent, rounded to the nearest dollar. The resulting amount shall constitute the new uniform rate.
(d)(1)Notwithstanding subdivisions (a) to (c), inclusive, the payment made pursuant to this section for care and supervision of a child who is living with a teen parent in a whole family foster home, as defined in Section 11400, shall equal the basic rate for children placed in a licensed or approved home as specified in subdivisions (a) to (d), inclusive, and subdivision (g), of Section 11461.
(2)The amount paid for care and supervision of a dependent infant living with a dependent teen parent receiving AFDC-FC benefits in a group home placement shall equal the infant supplement rate for group home placements.
(3)(A)The caregiver shall provide the county child welfare agency or probation department with a copy of the shared responsibility plan developed pursuant to Section 16501.25 and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. Once the plan has been completed and provided to the appropriate agencies, the payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month to reflect the increased care and supervision while he or she is placed in the whole family foster home.
(B)A nonminor dependent parent residing in a supervised independent living placement, as defined in subdivision (w) of Section 11400, who develops a written parenting support plan pursuant to Section 16501.26 shall provide the county child welfare agency or probation department with a copy of the plan and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. The payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month after all of the following have been satisfied:
(i)The plan has been completed and provided to the appropriate county agency.
(ii)The plan has been approved by the appropriate county agency.
(iii)The county agency has determined that the identified responsible adult meets the criteria specified in Section 16501.27.
(4)In a year in which the payment provided pursuant to this section is adjusted for the cost of living as provided in paragraph (1) of subdivision (c), the payments provided for in this subdivision shall also be increased by the same procedures.
(5)A Kin-GAP relative who, immediately prior to entering the Kin-GAP program, was designated as a whole family foster home shall receive the same payment amounts for the care and supervision of a child who is living with a teen parent they received in foster care as a whole family foster home.
(6)On and after January 1, 2012, the rate paid for a child living with a teen parent in a whole family foster home as defined in Section 11400 shall also be paid for a child living with a nonminor dependent parent who is eligible to receive AFDC-FC or Kin-GAP pursuant to Section 11403.
(7)An Approved Relative Funding Option Program relative or a CalWORKs relative may be designated as a whole family foster home.
SEC. 6.Section 11477.02 of the Welfare and Institutions Code is amended to read:11477.02.(a)Prior to referral of any individual or recipient, or that persons case, to the local child support agency for child support services under Section 17400 or 17404 of the Family Code, the county welfare department shall determine if an applicant or recipient has good cause for noncooperation, as set forth in Section 11477.04. If the applicant or recipient claims a good cause exception at any subsequent time to the county welfare department or the local child support agency, the local child support agency shall suspend child support services until the county welfare department determines the good cause claim, as set forth in Section 11477.04. If good cause is determined to exist, the local child support agency shall suspend child support services until the applicant or recipient requests their resumption, and shall take such other measures as are necessary to protect the applicant or recipient and the children. If the applicant or recipient is the parent of the child for whom aid is sought and the parent is found to have not cooperated without good cause as provided in Section 11477.04, the applicants or recipients family grant shall be reduced by 25 percent for such time as the failure to cooperate lasts.
(b)Consistent with Section 17552 of the Family Code, if aid is paid under this chapter on behalf of a child who is under the jurisdiction of the juvenile court and whose parent or guardian is receiving reunification services, the county welfare department shall determine, prior to referral of the case to the local child support agency for child support services, whether the referral is in the best interest of the child, taking into account both of the following:
(1)Whether the payment of support by the parent will pose a barrier to the proposed reunification in that the payment of support will compromise the parents ability to meet the requirements of the parents reunification plan.
(2)Whether the payment of support by the parent will pose a barrier to the proposed reunification in that the payment of support will compromise the parents current or future ability to meet the financial needs of the child.
SEC. 7.Section 13758 is added to the Welfare and Institutions Code, to read:13758.(a)Every youth who is in foster care and has been determined to be ineligible for AFDC-FC benefits shall be screened by the county for potential eligibility for the federal Supplemental Security Income program utilizing the best practice guidelines developed pursuant to Section 13752. The screening shall not occur any later than 120 days after the child is placed or upon concluding that the child is ineligible for AFDC-FC benefits, whichever is later.
(b)An application shall be submitted to the federal Social Security Administration on behalf of a youth who is screened as being likely to be eligible for federal Supplemental Security Income benefits.
SEC. 8.An appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall not be made for purposes of implementing this act.
SEC. 9.To the extent that this act has an overall effect of increasing certain costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state nor otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Upon delivery to the social worker of a child who has been taken into temporary custody under this article, the social worker shall immediately investigate the circumstances of the child and the facts surrounding the childs being taken into custody and attempt to maintain the child with the childs family through the provision of services. The social worker shall immediately release the child to the custody of the childs parent, guardian, or responsible relative, regardless of the parents, guardians, or relatives immigration status, unless one or more of the following conditions exist:
(1)The child has no parent, guardian, or responsible relative; or the childs parent, guardian, or responsible relative is not willing to provide care for the child.
(2)Continued detention of the child is a matter of immediate and urgent necessity for the protection of the child and there are no reasonable means by which the child can be protected in his or her home or the home of a responsible relative.
(3)There is substantial evidence that a parent, guardian, or custodian of the child is likely to flee the jurisdiction of the court.
(4)The child has left a placement in which he or she was placed by the juvenile court.
(5)The parent or other person having lawful custody of the child voluntarily surrendered physical custody of the child pursuant to Section 1255.7 of the Health and Safety Code and did not reclaim the child within the 14-day period specified in subdivision (g) of that section.
(b)In any case in which there is reasonable cause for believing that a child who is under the care of a physician and surgeon or a hospital, clinic, or other medical facility and cannot be immediately moved and is a person described in Section 300, the child shall be deemed to have been taken into temporary custody and delivered to the social worker for the purposes of this chapter while the child is at the office of the physician and surgeon or the medical facility.
(c)If the child is not released to his or her parent or guardian, the child shall be deemed detained for purposes of this chapter.
(d)(1)If an able and willing relative, as defined in Section 319, or an able and willing nonrelative extended family member, as defined in Section 362.7, is available and requests temporary placement of the child pending the detention hearing, or after the detention hearing and pending the dispositional hearing conducted pursuant to Section 358, the county welfare department shall initiate an assessment of the relatives or nonrelative extended family members suitability, which shall include an in-home inspection to assess the safety of the home and the ability of the relative or nonrelative extended family member to care for the childs needs, and a consideration of the results of a criminal records check conducted pursuant to subdivision (a) of Section 16504.5 and a check of allegations of prior child abuse or neglect concerning the relative or nonrelative extended family member and other adults in the home. A relatives identification card from a foreign consulate or foreign passport shall be considered a valid form of identification for conducting a criminal records check and fingerprint clearance check under this subdivision. Upon completion of this assessment, the child may be placed in the assessed home. For purposes of this paragraph, and except for the criminal records check conducted pursuant to subdivision (a) of Section 16504.5, the standards used to determine suitability shall be the same standards set forth in the regulations for the licensing of foster family homes.
(2)(A)Immediately following the placement of a child in the home of a relative, the county shall initiate an application for CalWORKs pursuant to Article 2 (commencing with Section 11250) on behalf of the child in order to ensure that the child receives funding while eligibility determinations for other benefits are pending. If the relative caregiver is also needy, the relative caregiver shall be responsible for applying for CalWORKs benefits to cover his or her own needs.
(B)Concurrently with initiating the application for CalWORKs pursuant to this paragraph, the county welfare department shall also evaluate and approve or deny the home for purposes of AFDC-FC eligibility pursuant to Section 11402. The placing agency shall initiate the application for AFDC-FC and determine eligibility. If the child is found to be ineligible for AFDC-FC, the county shall initiate and complete the application for, and determine eligibility for, the Approved Relative Caregiver Funding Option Program if the child is placed with a relative and the county has opted into the program pursuant to Section 11461.3.
(C)If the county determines that the child is not eligible for AFDC-FC benefits, the county welfare department shall explain the specific basis for this determination and shall screen the child for eligibility for the federal Supplemental Security Income program in accordance with Section 13758. The application date for AFDC-FC benefits, the Approved Relative Caregiver Funding Option Program, or CalWORKs for the child shall be the date the child was placed with the relative.
(3)The standards used to evaluate and grant or deny approval of the home of the relative and of the home of a nonrelative extended family member, as described in Section 362.7, shall be the same standards set forth in regulations for the licensing of foster family homes which prescribe standards of safety and sanitation for the physical plant and standards for basic personal care, supervision, and services provided by the caregiver.
(4)To the extent allowed by federal law, as a condition of receiving funding under Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.), if a relative or nonrelative extended family member meets all other conditions for approval, except for the receipt of the Federal Bureau of Investigations criminal history information for the relative or nonrelative extended family member, and other adults in the home, as indicated, the county welfare department may approve the home and document that approval, if the relative or nonrelative extended family member, and each adult in the home, has signed and submitted a statement that he or she has never been convicted of a crime in the United States, other than a traffic infraction as defined in paragraph (1) of subdivision (a) of Section 42001 of the Vehicle Code. If, after the approval has been granted, the department determines that the relative or nonrelative extended family member or other adult in the home has a criminal record, the approval may be terminated.
(5)If the criminal records check indicates that the person has been convicted of a crime for which the Director of Social Services cannot grant an exemption under Section 1522 of the Health and Safety Code, the child shall not be placed in the home. If the criminal records check indicates that the person has been convicted of a crime for which the Director of Social Services may grant an exemption under Section 1522 of the Health and Safety Code, the child shall not be placed in the home unless a criminal records exemption has been granted by the county based on substantial and convincing evidence to support a reasonable belief that the person with the criminal conviction is of such good character as to justify the placement and not present a risk of harm to the child.
(e)(1)If the child is removed, the social worker shall conduct, within 30 days, an investigation in order to identify and locate all grandparents, adult siblings, and other adult relatives of the child, as defined in paragraph (2) of subdivision (f) of Section 319, including any other adult relatives suggested by the parents. The social worker shall provide to all adult relatives who are located, except when that relatives history of family or domestic violence makes notification inappropriate, within 30 days of removal of the child, written notification and shall also, whenever appropriate, provide oral notification, in person or by telephone, of all the following information:
(A)The child has been removed from the custody of his or her parent or parents, or his or her guardians.
(B)An explanation of the various options to participate in the care and placement of the child and support for the childs family, including any options that may be lost by failing to respond. The notice shall provide information about providing care for the child while the family receives reunification services with the goal of returning the child to the parent or guardian, how to become a foster family home or approved relative or nonrelative extended family member as defined in Section 362.7, and additional services and support that are available in out-of-home placements. The notice shall also include information regarding the Kin-GAP Program (Article 4.5 (commencing with Section 11360) of Chapter 2 of Part 3 of Division 9), the CalWORKs program for approved relative caregivers (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9), the Approved Relative Caregiver Funding Option Program if the county has opted into the program under Section 11461.3, adoption, and adoption assistance (Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9), as well as other options for contact with the child, including, but not limited to, visitation. The State Department of Social Services, in consultation with the County Welfare Directors Association of California and other interested stakeholders, shall develop the written notice.
(2)The social worker shall also provide the adult relatives notified pursuant to paragraph (1) with a relative information form to provide information to the social worker and the court regarding the needs of the child. The form shall include a provision whereby the relative may request the permission of the court to address the court, if the relative so chooses. The Judicial Council, in consultation with the State Department of Social Services and the County Welfare Directors Association of California, shall develop the form.
(3)The social worker shall use due diligence in investigating the names and locations of the relatives pursuant to paragraph (1), including, but not limited to, asking the child in an age-appropriate manner about relatives important to the child, consistent with the childs best interest, and obtaining information regarding the location of the childs adult relatives. Each county welfare department shall create and make public a procedure by which relatives of a child who has been removed from his or her parents or guardians may identify themselves to the county welfare department and be provided with the notices required by paragraphs (1) and (2).
(f)In addition to the notice required by subdivision (e), if a relative requests placement of the child, the county social worker or eligibility worker shall explain to the relative, either in person or by telephone, the eligibility requirements and benefit amounts for the AFDC-FC and CalWORKs programs, and the Approved Relative Caregiver Funding Option Program if the county has opted into the program under Section 11461.3, as well as any actions the relative could take to affect the childs eligibility for those programs.
SEC. 2.Section 361.45 of the Welfare and Institutions Code is amended to read:361.45.(a)Notwithstanding any other law, when the sudden unavailability of a foster caregiver requires a change in placement on an emergency basis for a child who is under the jurisdiction of the juvenile court pursuant to Section 300, if an able and willing relative, as defined in Section 319, or an able and willing nonrelative extended family member, as defined in Section 362.7, is available and requests temporary placement of the child pending resolution of the emergency situation, the county welfare department shall initiate an assessment of the relatives or nonrelative extended family members suitability, which shall include an in-home inspection to assess the safety of the home and the ability of the relative or nonrelative extended family member to care for the childs needs, and a consideration of the results of a criminal records check conducted pursuant to Section 16504.5 and a check of allegations of prior child abuse or neglect concerning the relative or nonrelative extended family member and other adults in the home. Upon completion of this assessment, the child may be placed in the assessed home. For purposes of this paragraph, and except for the criminal records check conducted pursuant to Section 16504.5, the standards used to determine suitability shall be the same standards set forth in the regulations for the licensing of foster family homes.
(b)(1)Immediately following the placement of a child in the home of a relative, the county shall initiate an application for CalWORKs pursuant to Article 2 (commencing with Section 11250) on behalf of the child in order to ensure that the child receives funding while eligibility determinations for other benefits are pending. If the relative caregiver is also needy, the relative caregiver shall be responsible for applying for CalWORKs benefits to cover his or her own needs.
(2)Concurrently with initiating the application for CalWORKs pursuant to this subdivision, the county welfare department shall also evaluate and approve or deny the home for purposes of AFDC-FC eligibility pursuant to Section 11402. The placing agency shall initiate the application for AFDC-FC and determine eligibility. If the child is found to be ineligible for AFDC-FC, the county shall initiate and complete the application for, and determine eligibility for, the Approved Relative Caregiver Funding Option Program if the child is placed with a relative and the county has opted into the program pursuant to Section 11461.3.
(3)If the county determines that the child is not eligible for AFDC-FC benefits, the county welfare department shall explain the specific basis for this determination and shall screen the child for eligibility for the federal Supplemental Security Income program in accordance with Section 13758. The application date for AFDC-FC benefits, the Approved Relative Caregiver Funding Option Program, or CalWORKs for the child shall be the date the child was placed with the relative.
(c)The standards used to evaluate and grant or deny approval of the home of the relative and of the home of a nonrelative extended family member, as described in Section 362.7, shall be the same standards set forth in regulations for the licensing of foster family homes which prescribe standards of safety and sanitation for the physical plant and standards for basic personal care, supervision, and services provided by the caregiver.
(d)If a relative or nonrelative extended family member, and other adults in the home, as indicated, meets all other conditions for approval, except for the receipt of the Federal Bureau of Investigations criminal history information for the relative or nonrelative extended family member, the county welfare department may approve the home and document that approval, if the relative or nonrelative extended family member, and each adult in the home, has signed and submitted a statement that he or she has never been convicted of a crime in the United States, other than a traffic infraction as defined in paragraph (1) of subdivision (a) of Section 42001 of the Vehicle Code. If, after the approval has been granted, the department determines that the relative or nonrelative extended family member or other adult in the home has a criminal record, the approval may be terminated.
(e)(1)If a nonminor dependent, as defined in subdivision (v) of Section 11400, is placed in the home of a relative or nonrelative extended family member, the home shall be approved using the same standards set forth in regulations as described in Section 1502.7 of the Health and Safety Code.
(2)The department, in consultation with representatives of the Legislature, the County Welfare Directors Association, the Chief Probation Officers of California, the California Youth Connection, the Judicial Council, former foster youth, child advocacy organizations, dependency counsel for children, juvenile justice advocacy organizations, foster caregiver organizations, labor organizations, and representatives of Indian tribes, shall revise regulations regarding health and safety standards for approving relative homes in which nonminor dependents, as defined in subdivision (v) of Section 11400, of the juvenile court are placed under the responsibility of the county welfare or probation department, or an Indian tribe that entered into an agreement pursuant to Section 10553.1.
(3)Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department, in consultation with the stakeholders listed in paragraph (2), shall prepare for implementation of the applicable provisions of this section by publishing all-county letters or similar instructions from the director by October 1, 2011, to be effective January 1, 2012. Emergency regulations to implement this section may be adopted by the director in accordance with the Administrative Procedure Act. The initial adoption of the emergency regulations and one readoption of the initial regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the first readoption of those emergency regulations shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days.
SEC. 3.Section 11450 of the Welfare and Institutions Code, as added by Section 4 of Chapter 632 of the Statutes of 2014, is amended to read:11450.(a)(1)(A)Aid shall be paid for each needy family, which shall include all eligible brothers and sisters of each eligible applicant or recipient child and the parents of the children, but shall not include unborn children, or recipients of aid under Chapter 3 (commencing with Section 12000), qualified for aid under this chapter. In determining the amount of aid paid, and notwithstanding the minimum basic standards of adequate care specified in Section 11452, the familys income, exclusive of any amounts considered exempt as income or paid pursuant to subdivision (e) or Section 11453.1, determined for the prospective semiannual period pursuant to Sections 11265.1, 11265.2, and 11265.3, and then calculated pursuant to Section 11451.5, shall be deducted from the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2). In no case shall the amount of aid paid for each month exceed the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2), plus any special needs, as specified in subdivisions (c), (e), (f), and (g):
Number of | Maximum |
|---|---|
1 | $326 |
2 | 535 |
3 | 663 |
4 | 788 |
5 | 899 |
6 | 1,010 |
7 | 1,109 |
8 | 1,209 |
9 | 1,306 |
10 or more | 1,403 |
(B)If, when, and during those times that the United States government increases or decreases its contributions in assistance of needy children in this state above or below the amount paid on July 1, 1972, the amounts specified in the above table shall be increased or decreased by an amount equal to that increase or decrease by the United States government, provided that no increase or decrease shall be subject to subsequent adjustment pursuant to Section 11453.
(2)The sums specified in paragraph (1) shall not be adjusted for cost of living for the 199091, 199192, 199293, 199394, 199495, 199596, 199697, and 199798 fiscal years, and through October 31, 1998, nor shall that amount be included in the base for calculating any cost-of-living increases for any fiscal year thereafter. Elimination of the cost-of-living adjustment pursuant to this paragraph shall satisfy the requirements of Section 11453.05, and no further reduction shall be made pursuant to that section.
(b)(1)When the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant child who is 18 years of age or younger at any time after verification of pregnancy, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the child and her child, if born, would have qualified for aid under this chapter. Verification of pregnancy shall be required as a condition of eligibility for aid under this subdivision.
(2) Notwithstanding paragraph (1), when the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant woman for the month in which the birth is anticipated and for the six-month period immediately prior to the month in which the birth is anticipated, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the woman and child, if born, would have qualified for aid under this chapter. Verification of pregnancy shall be required as a condition of eligibility for aid under this subdivision.
(3)Paragraph (1) shall apply only when the Cal-Learn Program is operative.
(c)The amount of forty-seven dollars ($47) per month shall be paid to pregnant women qualified for aid under subdivision (a) or (b) to meet special needs resulting from pregnancy if the woman and child, if born, would have qualified for aid under this chapter. County welfare departments shall refer all recipients of aid under this subdivision to a local provider of the Women, Infants, and Children program. If that payment to pregnant women qualified for aid under subdivision (a) is considered income under federal law in the first five months of pregnancy, payments under this subdivision shall not apply to persons eligible under subdivision (a), except for the month in which birth is anticipated and for the three-month period immediately prior to the month in which delivery is anticipated, if the woman and child, if born, would have qualified for aid under this chapter.
(d)For children receiving AFDC-FC under this chapter, there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month that, when added to the childs income, is equal to the rate specified in Section 11460, 11461, 11462, 11462.1, or 11463. In addition, the child shall be eligible for special needs, as specified in departmental regulations.
(e)In addition to the amounts payable under subdivision (a) and Section 11453.1, a family shall be entitled to receive an allowance for recurring special needs not common to a majority of recipients. These recurring special needs shall include, but not be limited to, special diets upon the recommendation of a physician for circumstances other than pregnancy, and unusual costs of transportation, laundry, housekeeping services, telephone, and utilities. The recurring special needs allowance for each family per month shall not exceed that amount resulting from multiplying the sum of ten dollars ($10) by the number of recipients in the family who are eligible for assistance.
(f)After a family has used all available liquid resources, both exempt and nonexempt, in excess of one hundred dollars ($100), with the exception of funds deposited in a restricted account described in subdivision (a) of Section 11155.2, the family shall also be entitled to receive an allowance for nonrecurring special needs.
(1)An allowance for nonrecurring special needs shall be granted for replacement of clothing and household equipment and for emergency housing needs other than those needs addressed by paragraph (2). These needs shall be caused by sudden and unusual circumstances beyond the control of the needy family. The department shall establish the allowance for each of the nonrecurring special needs items. The sum of all nonrecurring special needs provided by this subdivision shall not exceed six hundred dollars ($600) per event.
(2)(A)Homeless assistance is available to a homeless family seeking shelter when the family is eligible for aid under this chapter. Homeless assistance for temporary shelter is also available to homeless families that are apparently eligible for aid under this chapter. Apparent eligibility exists when evidence presented by the applicant, or that is otherwise available to the county welfare department, and the information provided on the application documents indicate that there would be eligibility for aid under this chapter if the evidence and information were verified. However, an alien applicant who does not provide verification of his or her eligible alien status, or a woman with no eligible children who does not provide medical verification of pregnancy, is not apparently eligible for purposes of this section.
(B)A family is considered homeless, for the purpose of this section, when the family lacks a fixed and regular nighttime residence; or the family has a primary nighttime residence that is a supervised publicly or privately operated shelter designed to provide temporary living accommodations; or the family is residing in a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. A family is also considered homeless for the purpose of this section if the family has received a notice to pay rent or quit. The family shall demonstrate that the eviction is the result of a verified financial hardship as a result of extraordinary circumstances beyond their control, and not other lease or rental violations, and that the family is experiencing a financial crisis that could result in homelessness if preventative assistance is not provided.
(3)(A)(i)A nonrecurring special needs benefit of sixty-five dollars ($65) a day shall be available to families of up to four members for the costs of temporary shelter, subject to the requirements of this paragraph. The fifth and additional members of the family shall each receive fifteen dollars ($15) per day, up to a daily maximum of one hundred twenty-five dollars ($125). County welfare departments may increase the daily amount available for temporary shelter as necessary to secure the additional bedspace needed by the family.
(ii)This special needs benefit shall be granted or denied immediately upon the familys application for homeless assistance, and benefits shall be available for up to three working days. The county welfare department shall verify the familys homelessness within the first three working days and if the family meets the criteria of questionable homelessness established by the department, the county welfare department shall refer the family to its early fraud prevention and detection unit, if the county has such a unit, for assistance in the verification of homelessness within this period.
(iii)After homelessness has been verified, the three-day limit shall be extended for a period of time which, when added to the initial benefits provided, does not exceed a total of 16 calendar days. This extension of benefits shall be done in increments of one week and shall be based upon searching for permanent housing which shall be documented on a housing search form, good cause, or other circumstances defined by the department. Documentation of a housing search shall be required for the initial extension of benefits beyond the three-day limit and on a weekly basis thereafter as long as the family is receiving temporary shelter benefits. Good cause shall include, but is not limited to, situations in which the county welfare department has determined that the family, to the extent it is capable, has made a good faith but unsuccessful effort to secure permanent housing while receiving temporary shelter benefits.
(B)(i)A nonrecurring special needs benefit for permanent housing assistance is available to pay for last months rent and security deposits when these payments are reasonable conditions of securing a residence, or to pay for up to two months of rent arrearages, when these payments are a reasonable condition of preventing eviction.
(ii)The last months rent or monthly arrearage portion of the payment (I) shall not exceed 80 percent of the familys total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size and (II) shall only be made to families that have found permanent housing costing no more than 80 percent of the familys total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size.
(iii)However, if the county welfare department determines that a family intends to reside with individuals who will be sharing housing costs, the county welfare department shall, in appropriate circumstances, set aside the condition specified in subclause (II) of clause (ii).
(C)The nonrecurring special needs benefit for permanent housing assistance is also available to cover the standard costs of deposits for utilities which are necessary for the health and safety of the family.
(D)A payment for or denial of permanent housing assistance shall be issued no later than one working day from the time that a family presents evidence of the availability of permanent housing. If an applicant family provides evidence of the availability of permanent housing before the county welfare department has established eligibility for aid under this chapter, the county welfare department shall complete the eligibility determination so that the denial of or payment for permanent housing assistance is issued within one working day from the submission of evidence of the availability of permanent housing, unless the family has failed to provide all of the verification necessary to establish eligibility for aid under this chapter.
(E)(i)Except as provided in clauses (ii) and (iii), eligibility for the temporary shelter assistance and the permanent housing assistance pursuant to this paragraph shall be limited to one period of up to 16 consecutive calendar days of temporary assistance and one payment of permanent assistance. Any family that includes a parent or nonparent caretaker relative living in the home who has previously received temporary or permanent homeless assistance at any time on behalf of an eligible child shall not be eligible for further homeless assistance. Any person who applies for homeless assistance benefits shall be informed that the temporary shelter benefit of up to 16 consecutive days is available only once in a lifetime, with certain exceptions, and that a break in the consecutive use of the benefit constitutes permanent exhaustion of the temporary benefit.
(ii)A family that becomes homeless as a direct and primary result of a state or federally declared natural disaster shall be eligible for temporary and permanent homeless assistance.
(iii)A family shall be eligible for temporary and permanent homeless assistance when homelessness is a direct result of domestic violence by a spouse, partner, or roommate; physical or mental illness that is medically verified that shall not include a diagnosis of alcoholism, drug addiction, or psychological stress; or, the uninhabitability of the former residence caused by sudden and unusual circumstances beyond the control of the family including natural catastrophe, fire, or condemnation. These circumstances shall be verified by a third-party governmental or private health and human services agency, except that domestic violence may also be verified by a sworn statement by the victim, as provided under Section 11495.25. Homeless assistance payments based on these specific circumstances may not be received more often than once in any 12-month period. In addition, if the domestic violence is verified by a sworn statement by the victim, the homeless assistance payments shall be limited to two periods of not more than 16 consecutive calendar days of temporary assistance and two payments of permanent assistance. A county may require that a recipient of homeless assistance benefits who qualifies under this paragraph for a second time in a 24-month period participate in a homelessness avoidance case plan as a condition of eligibility for homeless assistance benefits. The county welfare department shall immediately inform recipients who verify domestic violence by a sworn statement of the availability of domestic violence counseling and services, and refer those recipients to services upon request.
(iv)If a county requires a recipient who verifies domestic violence by a sworn statement to participate in a homelessness avoidance case plan pursuant to clause (iii), the plan shall include the provision of domestic violence services, if appropriate.
(v)If a recipient seeking homeless assistance based on domestic violence pursuant to clause (iii) has previously received homeless avoidance services based on domestic violence, the county shall review whether services were offered to the recipient and consider what additional services would assist the recipient in leaving the domestic violence situation.
(vi)The county welfare department shall report necessary data to the department through a statewide homeless assistance payment indicator system, as requested by the department, regarding all recipients of aid under this paragraph.
(F)The county welfare departments, and all other entities participating in the costs of the CalWORKs program, have the right in their share to any refunds resulting from payment of the permanent housing. However, if an emergency requires the family to move within the 12-month period specified in subparagraph (E), the family shall be allowed to use any refunds received from its deposits to meet the costs of moving to another residence.
(G)Payments to providers for temporary shelter and permanent housing and utilities shall be made on behalf of families requesting these payments.
(H)The daily amount for the temporary shelter special needs benefit for homeless assistance may be increased if authorized by the current years Budget Act by specifying a different daily allowance and appropriating the funds therefor.
(I)No payment shall be made pursuant to this paragraph unless the provider of housing is a commercial establishment, shelter, or person in the business of renting properties who has a history of renting properties.
(g)A child who has been removed from his or her home and detained or placed in the home of a relative caregiver and is the subject of a petition filed under Section 300, 601, or 602, or is the subject of a voluntary placement agreement, as defined in subdivision (p) of Section 11400, and who is a teen parent whose child is living in the same home or placement, shall also receive an infant supplement, in an amount determined in the manner provided in subdivision (b) of Section 11465 for a child in a foster family home.
(h)The department shall establish rules and regulations ensuring the uniform statewide application of this section.
(i)The department shall notify all applicants and recipients of aid through the standardized application form that these benefits are available and shall provide an opportunity for recipients to apply for the funds quickly and efficiently.
(j)(1)Except for the purposes of Section 15200, the amounts payable to recipients pursuant to Section 11453.1 shall not constitute part of the payment schedule set forth in subdivision (a).
(2)The amounts payable to recipients pursuant to Section 11453.1 shall not constitute income to recipients of aid under this section.
(k)For children receiving Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month, which, when added to the childs income, is equal to the rate specified in Sections 11364 and 11387.
(l)(1)A county shall implement the semiannual reporting requirements in accordance with Chapter 501 of the Statutes of 2011 no later than October 1, 2013.
(2)Upon completion of the implementation described in paragraph (1), each county shall provide a certificate to the director certifying that semiannual reporting has been implemented in the county.
(3)Upon filing the certificate described in paragraph (2), a county shall comply with the semiannual reporting provisions of this section.
SEC. 4.Section 11461.3 of the Welfare and Institutions Code is amended to read:11461.3.(a)(1)The Legislature recognizes the importance of approved relative caregivers to the states child welfare system. Relative placements are the most utilized type of foster placement in California. In establishing the Approved Relative Caregiver Funding Option Program pursuant to this section, the Legislature intends to ensure that children placed with relatives are able to access state funding in an equal amount and in a similar manner to children in other types of foster placements.
(2)The Approved Relative Caregiver Funding Option Program is hereby established for the purpose of making the amount paid to approved relative caregivers for the in-home care of children placed with them who are ineligible for AFDC-FC payments equal to the amount paid on behalf of children who are eligible for AFDC-FC payments. This is an optional program for counties choosing to participate, and in so doing, participating counties agree to the terms of this section as a condition of their participation. It is the intent of the Legislature that the funding described in paragraph (1) of subdivision (e) for the Approved Relative Caregiver Funding Option Program be appropriated, and available for use from January through December of each year, unless otherwise specified.
(b)Subject to subdivision (c), effective January 1, 2015, counties shall pay an approved relative caregiver a per child per month rate in return for the care and supervision, as defined in subdivision (b) of Section 11460, of a child that is placed with the relative caregiver that is equal to the basic rate paid to foster care providers pursuant to subdivision (g) of Section 11461, if both of the following conditions are met:
(1)The county with payment responsibility has notified the department in writing by October 1 of the year before participation begins of its decision to participate in the Approved Relative Caregiver Funding Option Program.
(2)The related child placed in the home meets all of the following requirements:
(A)The child resides in the State of California.
(B)The child is described by subdivision (b), (c), or (e) of Section 11401 and the county welfare department or the county probation department is responsible for the placement and care of the child.
(C)The child is not eligible for AFDC-FC while placed with the approved relative caregiver because the child is not eligible for federal financial participation in the AFDC-FC payment.
(c)A countys election to participate in the Approved Relative Caregiver Funding Option Program shall affirmatively indicate that the county understands and agrees to all of the following conditions:
(1)Commencing October 1, 2014, the county shall notify the department in writing of its decision to participate in the Approved Relative Caregiver Funding Option Program. Failure to make timely notification, without good cause as determined by the department, shall preclude the county from participating in the program for the upcoming year. Annually thereafter, any county not presently participating who elects to do so shall notify the department in writing no later than October 1 of its decision to participate for the upcoming calendar year.
(2)The county shall confirm that it will make per child per month payments to all approved relative caregivers on behalf of eligible children in the amount specified in subdivision (b) for the duration of the participation of the county in this program.
(3)The county shall confirm that it will be solely responsible to pay any additional costs needed to make all payments pursuant to subdivision (b) if the state and federal funds allocated to the Approved Relative Caregiver Funding Option Program pursuant to paragraph (1) of subdivision (e) are insufficient to make all eligible payments.
(d)(1) A county deciding to opt out of the Approved Relative Caregiver Funding Option Program shall provide at least 120 days prior written notice of that decision to the department. Additionally, the county shall provide at least 90 days prior written notice to the approved relative caregiver or caregivers informing them that his or her per child per month payment will be reduced and the date that the reduction will occur.
(2)The department shall presume all counties have opted out of the Approved Relative Caregiver Funding Option Program if the funding appropriated in subclause (II) of clause (i) of subparagraph (B) of paragraph (1) of subdivision (e), including any additional funds appropriated pursuant to clause (ii) of subparagraph (B) of paragraph (1) of subdivision (e), is reduced, unless a county notifies the department in writing of its intent to opt in within 60 days of enactment of the State Budget. The counties shall provide at least 90 days prior written notice to the approved relative caregiver or caregivers informing them that his or her per child per month payment will be reduced, and the date that the reduction will occur.
(3)Any reduction in payments received by an approved relative caregiver on behalf of a child under this section that results from a decision by a county, including the presumed opt-out opt out pursuant to paragraph (2), to not participate in the Approved Relative Caregiver Funding Option Program shall be exempt from state hearing jurisdiction under Section 10950.
(e)(1) The following funding shall be used for the Approved Relative Caregiver Funding Option Program:
(A)The applicable regional per-child CalWORKs grant.
(B)(i)General Fund resources that do not count toward the states maintenance of effort requirements under Section 609(a)(7)(B)(i) of Title 42 of the United States Code. For this purpose, the following money is hereby appropriated:
(I)The sum of thirty million dollars ($30,000,000) from the General Fund for the period January 1, 2015, through December 31, 2015.
(II)The sum of thirty million dollars ($30,000,000) from the General Fund in each calendar year thereafter, as cumulatively adjusted annually by the California Necessities Index used for each May Revision of the Governors Budget, to be used in each respective calendar year.
(ii)To the extent that the appropriation made in subclause (I) is insufficient to fully fund the base caseload of approved relative caregivers as of July 1, 2014, for the period of time described in subclause (I), as jointly determined by the department and the County Welfare Directors Association and approved by the Department of Finance on or before October 1, 2015, the amounts specified in subclauses (I) and (II) shall be increased in the respective amounts necessary to fully fund that base caseload. Thereafter, the adjusted amount of subclause (II), and the other terms of that provision, including an annual California Necessities Index adjustment to its amount, shall apply.
(C)County funds only to the extent required under paragraph (3) of subdivision (c).
(D)This section is intended to appropriate the funding necessary to fully fund the base caseload of approved relative caregivers, defined as the number of approved relative caregivers caring for a child who is not eligible to receive AFDC-FC payments, as of July 1, 2014.
(2)Funds available pursuant to subparagraphs (A) and (B) of paragraph (1) shall be allocated to participating counties proportionate to the number of their approved relative caregiver placements, using a methodology and timing developed by the department, following consultation with county human services agencies and their representatives.
(3)Notwithstanding subdivision (c), if in any calendar year the entire amount of funding appropriated by the state for the Approved Relative Caregiver Funding Option Program has not been fully allocated to or utilized by counties, a county that has paid any funds pursuant to subparagraph (C) of paragraph (1) of subdivision (e) may request reimbursement for those funds from the department. The authority of the department to approve the requests shall be limited by the amount of available unallocated funds.
(4)Receipt of funding through the Approved Relative Caregiver Funding Option Program shall begin immediately upon a finding that the child is not eligible for AFDC-FC pursuant to subdivision (a) of Section 11404 and initiation of payment shall not be dependent upon completion of any application. To the extent that an application or other information is required to determine county share of costs or for the utilization of CalWORKs funding, the county shall complete that application, or provide that information, on behalf of the relative caregiver.
(f)An approved relative caregiver receiving payments on behalf of a child pursuant to this section shall not be eligible to receive additional CalWORKs payments on behalf of the same child under Section 11450.
(g)To the extent permitted by federal law, payments received by the approved relative caregiver from the Approved Relative Caregiver Funding Option Program shall not be considered income for the purpose of determining other public benefits.
(h)Prior to referral of any individual or recipient, or that persons case, to the local child support agency for child support services pursuant to Section 17415 of the Family Code, the county human services agency shall determine if an applicant or recipient has good cause for noncooperation, as set forth in Section 11477.04. If the applicant or recipient claims good cause exception at any subsequent time to the county human services agency or the local child support agency, the local child support agency shall suspend child support services until the county social services agency determines the good cause claim, as set forth in Section 11477.04. If good cause is determined to exist, the local child support agency shall suspend child support services until the applicant or recipient requests their resumption, and shall take other measures that are necessary to protect the applicant or recipient and the children. If the applicant or recipient is the parent of the child for whom aid is sought and the parent is found to have not cooperated without good cause as provided in Section 11477.04, the applicants or recipients family grant shall be reduced by 25 percent for the time the failure to cooperate lasts.
(i)Consistent with Section 17552 of the Family Code, if aid is paid under this chapter on behalf of a child who is under the jurisdiction of the juvenile court and whose parent or guardian is receiving reunification services, the county human services agency shall determine, prior to referral of the case to the local child support agency for child support services, whether the referral is in the best interest of the child, taking into account both of the following:
(1)Whether the payment of support by the parent will pose a barrier to the proposed reunification in that the payment of support will compromise the parents ability to meet the requirements of the parents reunification plan.
(2)Whether the payment of support by the parent will pose a barrier to the proposed reunification in that the payment of support will compromise the parents current or future ability to meet the financial needs of the child.
(j)An approved relative caregiver may receive payments on behalf of a child who meets the requirements of paragraph (2) of subdivision (b), regardless of whether the child resides, or will be residing, outside of the county of jurisdiction pursuant to his or her placement. The county of jurisdiction shall be responsible for providing the Approved Relative Caregiver Funding Option payment to the relative caregiver.
(k)A child who has been removed from his or her home and detained or placed in the home of a relative caregiver and is the subject of a petition filed under Section 300, 601, or 602, or is the subject of a voluntary placement agreement, as defined in subdivision (p) of Section 11400, and who is a teen parent whose child is living in the same home or placement, shall also receive an infant supplement, in an amount determined in the manner provided in subdivision (b) of Section 11465 for a child in a foster family home.
SEC. 5.Section 11465 of the Welfare and Institutions Code is amended to read:11465.(a)When a child is living with a parent who receives AFDC-FC, Approved Relative Caregiver Funding Option Program benefits, or Kin-GAP benefits, the rate paid to the provider on behalf of the parent shall include an infant supplement to cover the cost of care and supervision of the child.
(b)For each category of eligible licensed community care facility, as defined in Section 1502 of the Health and Safety Code, the department shall adopt regulations setting forth a uniform rate to cover the cost of care and supervision of the child in each category of eligible licensed community care facility.
(c)(1)On and after July 1, 1998, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 6 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate.
(2)(A)On and after July 1, 1999, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be adjusted by an amount equal to the California Necessities Index computed pursuant to Section 11453, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate, subject to further adjustment pursuant to subparagraph (B).
(B)In addition to the adjustment specified in subparagraph (A), on and after January 1, 2000, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate.
(3)Subject to the availability of funds, for the 200001 fiscal year and annually thereafter, these rates shall be adjusted for cost of living pursuant to procedures in Section 11453.
(4)On and after January 1, 2008, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 5 percent, rounded to the nearest dollar. The resulting amount shall constitute the new uniform rate.
(d)(1)Notwithstanding subdivisions (a) to (c), inclusive, the payment made pursuant to this section for care and supervision of a child who is living with a teen parent in a whole family foster home, as defined in Section 11400, shall equal the basic rate for children placed in a licensed or approved home as specified in subdivisions (a) to (d), inclusive, and subdivision (g), of Section 11461.
(2)The amount paid for care and supervision of a dependent infant living with a dependent teen parent receiving AFDC-FC benefits in a group home placement shall equal the infant supplement rate for group home placements.
(3)(A)The caregiver shall provide the county child welfare agency or probation department with a copy of the shared responsibility plan developed pursuant to Section 16501.25 and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. Once the plan has been completed and provided to the appropriate agencies, the payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month to reflect the increased care and supervision while he or she is placed in the whole family foster home.
(B)A nonminor dependent parent residing in a supervised independent living placement, as defined in subdivision (w) of Section 11400, who develops a written parenting support plan pursuant to Section 16501.26 shall provide the county child welfare agency or probation department with a copy of the plan and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. The payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month after all of the following have been satisfied:
(i)The plan has been completed and provided to the appropriate county agency.
(ii)The plan has been approved by the appropriate county agency.
(iii)The county agency has determined that the identified responsible adult meets the criteria specified in Section 16501.27.
(4)In a year in which the payment provided pursuant to this section is adjusted for the cost of living as provided in paragraph (1) of subdivision (c), the payments provided for in this subdivision shall also be increased by the same procedures.
(5)A Kin-GAP relative who, immediately prior to entering the Kin-GAP program, was designated as a whole family foster home shall receive the same payment amounts for the care and supervision of a child who is living with a teen parent they received in foster care as a whole family foster home.
(6)On and after January 1, 2012, the rate paid for a child living with a teen parent in a whole family foster home as defined in Section 11400 shall also be paid for a child living with a nonminor dependent parent who is eligible to receive AFDC-FC or Kin-GAP pursuant to Section 11403.
(7)An Approved Relative Funding Option Program relative or a CalWORKs relative may be designated as a whole family foster home.
SEC. 6.Section 11477.02 of the Welfare and Institutions Code is amended to read:11477.02.(a)Prior to referral of any individual or recipient, or that persons case, to the local child support agency for child support services under Section 17400 or 17404 of the Family Code, the county welfare department shall determine if an applicant or recipient has good cause for noncooperation, as set forth in Section 11477.04. If the applicant or recipient claims a good cause exception at any subsequent time to the county welfare department or the local child support agency, the local child support agency shall suspend child support services until the county welfare department determines the good cause claim, as set forth in Section 11477.04. If good cause is determined to exist, the local child support agency shall suspend child support services until the applicant or recipient requests their resumption, and shall take such other measures as are necessary to protect the applicant or recipient and the children. If the applicant or recipient is the parent of the child for whom aid is sought and the parent is found to have not cooperated without good cause as provided in Section 11477.04, the applicants or recipients family grant shall be reduced by 25 percent for such time as the failure to cooperate lasts.
(b)Consistent with Section 17552 of the Family Code, if aid is paid under this chapter on behalf of a child who is under the jurisdiction of the juvenile court and whose parent or guardian is receiving reunification services, the county welfare department shall determine, prior to referral of the case to the local child support agency for child support services, whether the referral is in the best interest of the child, taking into account both of the following:
(1)Whether the payment of support by the parent will pose a barrier to the proposed reunification in that the payment of support will compromise the parents ability to meet the requirements of the parents reunification plan.
(2)Whether the payment of support by the parent will pose a barrier to the proposed reunification in that the payment of support will compromise the parents current or future ability to meet the financial needs of the child.
SEC. 7.Section 13758 is added to the Welfare and Institutions Code, to read:13758.(a)Every youth who is in foster care and has been determined to be ineligible for AFDC-FC benefits shall be screened by the county for potential eligibility for the federal Supplemental Security Income program utilizing the best practice guidelines developed pursuant to Section 13752.
(b)An application shall be submitted to the federal Social Security Administration on behalf of a youth who is screened as being likely to be eligible for federal Supplemental Security Income benefits.
SEC. 8.An appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall not be made for purposes of implementing this act.
SEC. 9.To the extent that this act has an overall effect of increasing certain costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state nor otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Upon delivery to the social worker of a child who has been taken into temporary custody under this article, the social worker shall immediately investigate the circumstances of the child and the facts surrounding the childs being taken into custody and attempt to maintain the child with the childs family through the provision of services. The social worker shall immediately release the child to the custody of the childs parent, guardian, or responsible relative, regardless of the parents, guardians, or relatives immigration status, unless one or more of the following conditions exist:
(1)The child has no parent, guardian, or responsible relative; or the childs parent, guardian, or responsible relative is not willing to provide care for the child.
(2)Continued detention of the child is a matter of immediate and urgent necessity for the protection of the child and there are no reasonable means by which the child can be protected in his or her home or the home of a responsible relative.
(3)There is substantial evidence that a parent, guardian, or custodian of the child is likely to flee the jurisdiction of the court.
(4)The child has left a placement in which he or she was placed by the juvenile court.
(5)The parent or other person having lawful custody of the child voluntarily surrendered physical custody of the child pursuant to Section 1255.7 of the Health and Safety Code and did not reclaim the child within the 14-day period specified in subdivision (g) of that section.
(b)In any case in which there is reasonable cause for believing that a child who is under the care of a physician and surgeon or a hospital, clinic, or other medical facility and cannot be immediately moved and is a person described in Section 300, the child shall be deemed to have been taken into temporary custody and delivered to the social worker for the purposes of this chapter while the child is at the office of the physician and surgeon or the medical facility.
(c)If the child is not released to his or her parent or guardian, the child shall be deemed detained for purposes of this chapter.
(d)(1)If an able and willing relative, as defined in Section 319, or an able and willing nonrelative extended family member, as defined in Section 362.7, is available and requests temporary placement of the child pending the detention hearing, or after the detention hearing and pending the dispositional hearing conducted pursuant to Section 358, the county welfare department shall initiate an assessment of the relatives or nonrelative extended family members suitability, which shall include an in-home inspection to assess the safety of the home and the ability of the relative or nonrelative extended family member to care for the childs needs, and a consideration of the results of a criminal records check conducted pursuant to subdivision (a) of Section 16504.5 and a check of allegations of prior child abuse or neglect concerning the relative or nonrelative extended family member and other adults in the home. A relatives identification card from a foreign consulate or foreign passport shall be considered a valid form of identification for conducting a criminal records check and fingerprint clearance check under this subdivision. Upon completion of this assessment, the child may be placed in the assessed home. For purposes of this paragraph, and except for the criminal records check conducted pursuant to subdivision (a) of Section 16504.5, the standards used to determine suitability shall be the same standards set forth in the regulations for the licensing of foster family homes.
(2)Immediately following the placement of a child in the home of a relative or a nonrelative extended family member, the county welfare department shall evaluate and approve or deny the home for purposes of AFDC-FC eligibility pursuant to Section 11402 and CalWORKs eligibility pursuant to Article 2 (commencing with Section 11250) of Chapter 2 of Part 3 of Division 9. The placing agency shall immediately initiate the application for AFDC-FC and determine eligibility. If the child is found to be ineligible for AFDC-FC, the county shall immediately initiate and complete the application for and determine eligibility for CalWORKs, or the Approved Relative Caregiver Funding Option Program if the child is placed with a relative and the county has opted into the program pursuant to Section 11461.3. If the county determines that the child is not eligible for AFDC-FC benefits, the county welfare department shall explain the specific basis for this determination and shall immediately screen the child for eligibility for the federal Supplemental Security Income program in accordance with Section 13758. The application date for the Approved Relative Caregiver Funding Option Program or CalWORKs shall be the date the child was placed with the relative or nonrelative extended family member.
(2)(A)Immediately following the placement of a child in the home of a relative, the county shall initiate an application for CalWORKs pursuant to Article 2 (commencing with Section 11250) on behalf of the child in order to ensure that the child receives funding while eligibility determinations for other benefits are pending. If the relative caregiver is also needy, the relative caregiver shall be responsible for applying for CalWORKs benefits to cover his or her own needs.
(B)Concurrently with initiating the application for CalWORKs pursuant to this paragraph, the county welfare department shall also evaluate and approve or deny the home for purposes of AFDC-FC eligibility pursuant to Section 11402. The placing agency shall initiate the application for AFDC-FC and determine eligibility. If the child is found to be ineligible for AFDC-FC, the county shall initiate and complete the application for, and determine eligibility for, the Approved Relative Caregiver Funding Option Program if the child is placed with a relative and the county has opted into the program pursuant to Section 11461.3.
(C)If the county determines that the child is not eligible for AFDC-FC benefits, the county welfare department shall explain the specific basis for this determination and shall screen the child for eligibility for the federal Supplemental Security Income program in accordance with Section 13758. The application date for AFDC-FC benefits, the Approved Relative Caregiver Funding Option Program, or CalWORKs shall be the date the child was placed with the relative.
(3)The standards used to evaluate and grant or deny approval of the home of the relative and of the home of a nonrelative extended family member, as described in Section 362.7, shall be the same standards set forth in regulations for the licensing of foster family homes which prescribe standards of safety and sanitation for the physical plant and standards for basic personal care, supervision, and services provided by the caregiver.
(4)To the extent allowed by federal law, as a condition of receiving funding under Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.), if a relative or nonrelative extended family member meets all other conditions for approval, except for the receipt of the Federal Bureau of Investigations criminal history information for the relative or nonrelative extended family member, and other adults in the home, as indicated, the county welfare department may approve the home and document that approval, if the relative or nonrelative extended family member, and each adult in the home, has signed and submitted a statement that he or she has never been convicted of a crime in the United States, other than a traffic infraction as defined in paragraph (1) of subdivision (a) of Section 42001 of the Vehicle Code. If, after the approval has been granted, the department determines that the relative or nonrelative extended family member or other adult in the home has a criminal record, the approval may be terminated.
(5)If the criminal records check indicates that the person has been convicted of a crime for which the Director of Social Services cannot grant an exemption under Section 1522 of the Health and Safety Code, the child shall not be placed in the home. If the criminal records check indicates that the person has been convicted of a crime for which the Director of Social Services may grant an exemption under Section 1522 of the Health and Safety Code, the child shall not be placed in the home unless a criminal records exemption has been granted by the county based on substantial and convincing evidence to support a reasonable belief that the person with the criminal conviction is of such good character as to justify the placement and not present a risk of harm to the child.
(e)(1)If the child is removed, the social worker shall conduct, within 30 days, an investigation in order to identify and locate all grandparents, adult siblings, and other adult relatives of the child, as defined in paragraph (2) of subdivision (f) of Section 319, including any other adult relatives suggested by the parents. The social worker shall provide to all adult relatives who are located, except when that relatives history of family or domestic violence makes notification inappropriate, within 30 days of removal of the child, written notification and shall also, whenever appropriate, provide oral notification, in person or by telephone, of all the following information:
(A)The child has been removed from the custody of his or her parent or parents, or his or her guardians.
(B)An explanation of the various options to participate in the care and placement of the child and support for the childs family, including any options that may be lost by failing to respond. The notice shall provide information about providing care for the child while the family receives reunification services with the goal of returning the child to the parent or guardian, how to become a foster family home or approved relative or nonrelative extended family member as defined in Section 362.7, and additional services and support that are available in out-of-home placements. The notice shall also include information regarding the Kin-GAP Program (Article 4.5 (commencing with Section 11360) of Chapter 2 of Part 3 of Division 9), the CalWORKs program for approved relative caregivers (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9), the Approved Relative Caregiver Funding Option Program if the county has opted into the program under Section 11461.3, adoption, and adoption assistance (Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9), as well as other options for contact with the child, including, but not limited to, visitation. The State Department of Social Services, in consultation with the County Welfare Directors Association of California and other interested stakeholders, shall develop the written notice.
(2)The social worker shall also provide the adult relatives notified pursuant to paragraph (1) with a relative information form to provide information to the social worker and the court regarding the needs of the child. The form shall include a provision whereby the relative may request the permission of the court to address the court, if the relative so chooses. The Judicial Council, in consultation with the State Department of Social Services and the County Welfare Directors Association of California, shall develop the form.
(3)The social worker shall use due diligence in investigating the names and locations of the relatives pursuant to paragraph (1), including, but not limited to, asking the child in an age-appropriate manner about relatives important to the child, consistent with the childs best interest, and obtaining information regarding the location of the childs adult relatives. Each county welfare department shall create and make public a procedure by which relatives of a child who has been removed from his or her parents or guardians may identify themselves to the county welfare department and be provided with the notices required by paragraphs (1) and (2).
(f)In addition to the notice required by subdivision (e), if a relative requests placement of the child, the county social worker or eligibility worker shall explain to the relative, either in person or by telephone, the eligibility requirements and benefit amounts for the AFDC-FC and CalWORKs programs, and the Approved Relative Caregiver Funding Option Program if the county has opted into the program under Section 11461.3, as well as any actions the relative could take to affect the childs eligibility for those programs.
SEC. 2.Section 361.45 of the Welfare and Institutions Code is amended to read:361.45.(a)Notwithstanding any other law, when the sudden unavailability of a foster caregiver requires a change in placement on an emergency basis for a child who is under the jurisdiction of the juvenile court pursuant to Section 300, if an able and willing relative, as defined in Section 319, or an able and willing nonrelative extended family member, as defined in Section 362.7, is available and requests temporary placement of the child pending resolution of the emergency situation, the county welfare department shall initiate an assessment of the relatives or nonrelative extended family members suitability, which shall include an in-home inspection to assess the safety of the home and the ability of the relative or nonrelative extended family member to care for the childs needs, and a consideration of the results of a criminal records check conducted pursuant to Section 16504.5 and a check of allegations of prior child abuse or neglect concerning the relative or nonrelative extended family member and other adults in the home. Upon completion of this assessment, the child may be placed in the assessed home. For purposes of this paragraph, and except for the criminal records check conducted pursuant to Section 16504.5, the standards used to determine suitability shall be the same standards set forth in the regulations for the licensing of foster family homes.
(b)Immediately following the placement of a child in the home of a relative or a nonrelative extended family member, the county welfare department shall evaluate and approve or deny the home for purposes of AFDC-FC eligibility pursuant to Section 11402 and CalWORKs eligibility pursuant to Article 2 (commencing with Section 11250) of Chapter 2 of Part 3 of Division 9. The placing agency shall immediately initiate the application for AFDC-FC and determine eligibility. If the child is found to be ineligible for AFDC-FC, the county shall immediately initiate and complete the application for and determine eligibility for CalWORKs, or the Approved Relative Caregiver Funding Option Program if the child is placed with a relative and the county has opted into the program pursuant to Section 11461.3. If the county determines that the child is not eligible for AFDC-FC benefits, the county welfare department shall explain the specific basis for this determination and shall immediately screen the child for eligibility for the federal Supplemental Security Income program in accordance with Section 13758. If aid is granted under the AFDC-FC or CalWORKs program, the beginning date of aid shall be the date the child was placed with the relative or nonrelative extended family member. The application date for the Approved Relative Caregiver Funding Option Program or CalWORKs shall be the date the child was placed with the relative.
(b)(1)Immediately following the placement of a child in the home of a relative, the county shall initiate an application for CalWORKs pursuant to Article 2 (commencing with Section 11250) on behalf of the child in order to ensure that the child receives funding while eligibility determinations for other benefits are pending. If the relative caregiver is also needy, the relative caregiver shall be responsible for applying for CalWORKs benefits to cover his or her own needs.
(2)Concurrently with initiating the application for CalWORKs pursuant to this subdivision, the county welfare department shall also evaluate and approve or deny the home for purposes of AFDC-FC eligibility pursuant to Section 11402. The placing agency shall initiate the application for AFDC-FC and determine eligibility. If the child is found to be ineligible for AFDC-FC, the county shall initiate and complete the application for, and determine eligibility for, the Approved Relative Caregiver Funding Option Program if the child is placed with a relative and the county has opted into the program pursuant to Section 11461.3.
(3)If the county determines that the child is not eligible for AFDC-FC benefits, the county welfare department shall explain the specific basis for this determination and shall screen the child for eligibility for the federal Supplemental Security Income program in accordance with Section 13758. The application date for AFDC-FC benefits, the Approved Relative Caregiver Funding Option Program, or CalWORKs shall be the date the child was placed with the relative.
(c)The standards used to evaluate and grant or deny approval of the home of the relative and of the home of a nonrelative extended family member, as described in Section 362.7, shall be the same standards set forth in regulations for the licensing of foster family homes which prescribe standards of safety and sanitation for the physical plant and standards for basic personal care, supervision, and services provided by the caregiver.
(d)If a relative or nonrelative extended family member, and other adults in the home, as indicated, meets all other conditions for approval, except for the receipt of the Federal Bureau of Investigations criminal history information for the relative or nonrelative extended family member, the county welfare department may approve the home and document that approval, if the relative or nonrelative extended family member, and each adult in the home, has signed and submitted a statement that he or she has never been convicted of a crime in the United States, other than a traffic infraction as defined in paragraph (1) of subdivision (a) of Section 42001 of the Vehicle Code. If, after the approval has been granted, the department determines that the relative or nonrelative extended family member or other adult in the home has a criminal record, the approval may be terminated.
(e)(1)If a nonminor dependent, as defined in subdivision (v) of Section 11400, is placed in the home of a relative or nonrelative extended family member, the home shall be approved using the same standards set forth in regulations as described in Section 1502.7 of the Health and Safety Code.
(2)The department, in consultation with representatives of the Legislature, the County Welfare Directors Association, the Chief Probation Officers of California, the California Youth Connection, the Judicial Council, former foster youth, child advocacy organizations, dependency counsel for children, juvenile justice advocacy organizations, foster caregiver organizations, labor organizations, and representatives of Indian tribes, shall revise regulations regarding health and safety standards for approving relative homes in which nonminor dependents, as defined in subdivision (v) of Section 11400, of the juvenile court are placed under the responsibility of the county welfare or probation department, or an Indian tribe that entered into an agreement pursuant to Section 10553.1.
(3)Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department, in consultation with the stakeholders listed in paragraph (2), shall prepare for implementation of the applicable provisions of this section by publishing all-county letters or similar instructions from the director by October 1, 2011, to be effective January 1, 2012. Emergency regulations to implement this section may be adopted by the director in accordance with the Administrative Procedure Act. The initial adoption of the emergency regulations and one readoption of the initial regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the first readoption of those emergency regulations shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days.
SEC. 3.Section 11450 of the Welfare and Institutions Code, as added by Section 4 of Chapter 632 of the Statutes of 2014, is amended to read:11450.(a)(1)(A)Aid shall be paid for each needy family, which shall include all eligible brothers and sisters of each eligible applicant or recipient child and the parents of the children, but shall not include unborn children, or recipients of aid under Chapter 3 (commencing with Section 12000), qualified for aid under this chapter. In determining the amount of aid paid, and notwithstanding the minimum basic standards of adequate care specified in Section 11452, the familys income, exclusive of any amounts considered exempt as income or paid pursuant to subdivision (e) or Section 11453.1, determined for the prospective semiannual period pursuant to Sections 11265.1, 11265.2, and 11265.3, and then calculated pursuant to Section 11451.5, shall be deducted from the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2). In no case shall the amount of aid paid for each month exceed the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2), plus any special needs, as specified in subdivisions (c), (e), (f), and (g):
Number of | Maximum |
|---|---|
1 | $326 |
2 | 535 |
3 | 663 |
4 | 788 |
5 | 899 |
6 | 1,010 |
7 | 1,109 |
8 | 1,209 |
9 | 1,306 |
10 or more | 1,403 |
(B)If, when, and during those times that the United States government increases or decreases its contributions in assistance of needy children in this state above or below the amount paid on July 1, 1972, the amounts specified in the above table shall be increased or decreased by an amount equal to that increase or decrease by the United States government, provided that no increase or decrease shall be subject to subsequent adjustment pursuant to Section 11453.
(2)The sums specified in paragraph (1) shall not be adjusted for cost of living for the 199091, 199192, 199293, 199394, 199495, 199596, 199697, and 199798 fiscal years, and through October 31, 1998, nor shall that amount be included in the base for calculating any cost-of-living increases for any fiscal year thereafter. Elimination of the cost-of-living adjustment pursuant to this paragraph shall satisfy the requirements of Section 11453.05, and no further reduction shall be made pursuant to that section.
(b)(1)When the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant child who is 18 years of age or younger at any time after verification of pregnancy, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the child and her child, if born, would have qualified for aid under this chapter. Verification of pregnancy shall be required as a condition of eligibility for aid under this subdivision.
(2) Notwithstanding paragraph (1), when the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant woman for the month in which the birth is anticipated and for the six-month period immediately prior to the month in which the birth is anticipated, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the woman and child, if born, would have qualified for aid under this chapter. Verification of pregnancy shall be required as a condition of eligibility for aid under this subdivision.
(3)Paragraph (1) shall apply only when the Cal-Learn Program is operative.
(c)The amount of forty-seven dollars ($47) per month shall be paid to pregnant women qualified for aid under subdivision (a) or (b) to meet special needs resulting from pregnancy if the woman and child, if born, would have qualified for aid under this chapter. County welfare departments shall refer all recipients of aid under this subdivision to a local provider of the Women, Infants, and Children program. If that payment to pregnant women qualified for aid under subdivision (a) is considered income under federal law in the first five months of pregnancy, payments under this subdivision shall not apply to persons eligible under subdivision (a), except for the month in which birth is anticipated and for the three-month period immediately prior to the month in which delivery is anticipated, if the woman and child, if born, would have qualified for aid under this chapter.
(d)For children receiving AFDC-FC under this chapter, there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month that, when added to the childs income, is equal to the rate specified in Section 11460, 11461, 11462, 11462.1, or 11463. In addition, the child shall be eligible for special needs, as specified in departmental regulations.
(e)In addition to the amounts payable under subdivision (a) and Section 11453.1, a family shall be entitled to receive an allowance for recurring special needs not common to a majority of recipients. These recurring special needs shall include, but not be limited to, special diets upon the recommendation of a physician for circumstances other than pregnancy, and unusual costs of transportation, laundry, housekeeping services, telephone, and utilities. The recurring special needs allowance for each family per month shall not exceed that amount resulting from multiplying the sum of ten dollars ($10) by the number of recipients in the family who are eligible for assistance.
(f)After a family has used all available liquid resources, both exempt and nonexempt, in excess of one hundred dollars ($100), with the exception of funds deposited in a restricted account described in subdivision (a) of Section 11155.2, the family shall also be entitled to receive an allowance for nonrecurring special needs.
(1)An allowance for nonrecurring special needs shall be granted for replacement of clothing and household equipment and for emergency housing needs other than those needs addressed by paragraph (2). These needs shall be caused by sudden and unusual circumstances beyond the control of the needy family. The department shall establish the allowance for each of the nonrecurring special needs items. The sum of all nonrecurring special needs provided by this subdivision shall not exceed six hundred dollars ($600) per event.
(2)(A)Homeless assistance is available to a homeless family seeking shelter when the family is eligible for aid under this chapter. Homeless assistance for temporary shelter is also available to homeless families that are apparently eligible for aid under this chapter. Apparent eligibility exists when evidence presented by the applicant, or that is otherwise available to the county welfare department, and the information provided on the application documents indicate that there would be eligibility for aid under this chapter if the evidence and information were verified. However, an alien applicant who does not provide verification of his or her eligible alien status, or a woman with no eligible children who does not provide medical verification of pregnancy, is not apparently eligible for purposes of this section.
(B)A family is considered homeless, for the purpose of this section, when the family lacks a fixed and regular nighttime residence; or the family has a primary nighttime residence that is a supervised publicly or privately operated shelter designed to provide temporary living accommodations; or the family is residing in a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. A family is also considered homeless for the purpose of this section if the family has received a notice to pay rent or quit. The family shall demonstrate that the eviction is the result of a verified financial hardship as a result of extraordinary circumstances beyond their control, and not other lease or rental violations, and that the family is experiencing a financial crisis that could result in homelessness if preventative assistance is not provided.
(A)
(3)(A)(i)A nonrecurring special needs benefit of sixty-five dollars ($65) a day shall be available to families of up to four members for the costs of temporary shelter, subject to the requirements of this paragraph. The fifth and additional members of the family shall each receive fifteen dollars ($15) per day, up to a daily maximum of one hundred twenty-five dollars ($125). County welfare departments may increase the daily amount available for temporary shelter as necessary to secure the additional bedspace needed by the family.
(ii)This special needs benefit shall be granted or denied immediately upon the familys application for homeless assistance, and benefits shall be available for up to three working days. The county welfare department shall verify the familys homelessness within the first three working days and if the family meets the criteria of questionable homelessness established by the department, the county welfare department shall refer the family to its early fraud prevention and detection unit, if the county has such a unit, for assistance in the verification of homelessness within this period.
(iii)After homelessness has been verified, the three-day limit shall be extended for a period of time which, when added to the initial benefits provided, does not exceed a total of 16 calendar days. This extension of benefits shall be done in increments of one week and shall be based upon searching for permanent housing which shall be documented on a housing search form, good cause, or other circumstances defined by the department. Documentation of a housing search shall be required for the initial extension of benefits beyond the three-day limit and on a weekly basis thereafter as long as the family is receiving temporary shelter benefits. Good cause shall include, but is not limited to, situations in which the county welfare department has determined that the family, to the extent it is capable, has made a good faith but unsuccessful effort to secure permanent housing while receiving temporary shelter benefits.
(B)(i)A nonrecurring special needs benefit for permanent housing assistance is available to pay for last months rent and security deposits when these payments are reasonable conditions of securing a residence, or to pay for up to two months of rent arrearages, when these payments are a reasonable condition of preventing eviction.
(ii)The last months rent or monthly arrearage portion of the payment (I) shall not exceed 80 percent of the familys total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size and (II) shall only be made to families that have found permanent housing costing no more than 80 percent of the familys total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size.
(iii)However, if the county welfare department determines that a family intends to reside with individuals who will be sharing housing costs, the county welfare department shall, in appropriate circumstances, set aside the condition specified in subclause (II) of clause (ii).
(C)The nonrecurring special needs benefit for permanent housing assistance is also available to cover the standard costs of deposits for utilities which are necessary for the health and safety of the family.
(D)A payment for or denial of permanent housing assistance shall be issued no later than one working day from the time that a family presents evidence of the availability of permanent housing. If an applicant family provides evidence of the availability of permanent housing before the county welfare department has established eligibility for aid under this chapter, the county welfare department shall complete the eligibility determination so that the denial of or payment for permanent housing assistance is issued within one working day from the submission of evidence of the availability of permanent housing, unless the family has failed to provide all of the verification necessary to establish eligibility for aid under this chapter.
(E)(i)Except as provided in clauses (ii) and (iii), eligibility for the temporary shelter assistance and the permanent housing assistance pursuant to this paragraph shall be limited to one period of up to 16 consecutive calendar days of temporary assistance and one payment of permanent assistance. Any family that includes a parent or nonparent caretaker relative living in the home who has previously received temporary or permanent homeless assistance at any time on behalf of an eligible child shall not be eligible for further homeless assistance. Any person who applies for homeless assistance benefits shall be informed that the temporary shelter benefit of up to 16 consecutive days is available only once in a lifetime, with certain exceptions, and that a break in the consecutive use of the benefit constitutes permanent exhaustion of the temporary benefit.
(ii)A family that becomes homeless as a direct and primary result of a state or federally declared natural disaster shall be eligible for temporary and permanent homeless assistance.
(iii)A family shall be eligible for temporary and permanent homeless assistance when homelessness is a direct result of domestic violence by a spouse, partner, or roommate; physical or mental illness that is medically verified that shall not include a diagnosis of alcoholism, drug addiction, or psychological stress; or, the uninhabitability of the former residence caused by sudden and unusual circumstances beyond the control of the family including natural catastrophe, fire, or condemnation. These circumstances shall be verified by a third-party governmental or private health and human services agency, except that domestic violence may also be verified by a sworn statement by the victim, as provided under Section 11495.25. Homeless assistance payments based on these specific circumstances may not be received more often than once in any 12-month period. In addition, if the domestic violence is verified by a sworn statement by the victim, the homeless assistance payments shall be limited to two periods of not more than 16 consecutive calendar days of temporary assistance and two payments of permanent assistance. A county may require that a recipient of homeless assistance benefits who qualifies under this paragraph for a second time in a 24-month period participate in a homelessness avoidance case plan as a condition of eligibility for homeless assistance benefits. The county welfare department shall immediately inform recipients who verify domestic violence by a sworn statement of the availability of domestic violence counseling and services, and refer those recipients to services upon request.
(iv)If a county requires a recipient who verifies domestic violence by a sworn statement to participate in a homelessness avoidance case plan pursuant to clause (iii), the plan shall include the provision of domestic violence services, if appropriate.
(v)If a recipient seeking homeless assistance based on domestic violence pursuant to clause (iii) has previously received homeless avoidance services based on domestic violence, the county shall review whether services were offered to the recipient and consider what additional services would assist the recipient in leaving the domestic violence situation.
(vi)The county welfare department shall report necessary data to the department through a statewide homeless assistance payment indicator system, as requested by the department, regarding all recipients of aid under this paragraph.
(F)The county welfare departments, and all other entities participating in the costs of the CalWORKs program, have the right in their share to any refunds resulting from payment of the permanent housing. However, if an emergency requires the family to move within the 12-month period specified in subparagraph (E), the family shall be allowed to use any refunds received from its deposits to meet the costs of moving to another residence.
(G)Payments to providers for temporary shelter and permanent housing and utilities shall be made on behalf of families requesting these payments.
(H)The daily amount for the temporary shelter special needs benefit for homeless assistance may be increased if authorized by the current years Budget Act by specifying a different daily allowance and appropriating the funds therefor.
(I)No payment shall be made pursuant to this paragraph unless the provider of housing is a commercial establishment, shelter, or person in the business of renting properties who has a history of renting properties.
(g)A child who has been removed from his or her home and detained or placed in the home of a relative caregiver and is the subject of a petition filed under Section 300, 601, or 602, or is the subject of a voluntary placement agreement, as defined in subdivision (p) of Section 11400, and who is a teen parent whose child is living in the same home or placement, shall also receive an infant supplement, in an amount determined in the manner provided in subdivision (b) of Section 11465 for a child in a foster family home.
(h)The department shall establish rules and regulations ensuring the uniform statewide application of this section.
(i)The department shall notify all applicants and recipients of aid through the standardized application form that these benefits are available and shall provide an opportunity for recipients to apply for the funds quickly and efficiently.
(j)(A) (1)Except for the purposes of Section 15200, the amounts payable to recipients pursuant to Section 11453.1 shall not constitute part of the payment schedule set forth in subdivision (a).
(B)
(2)The amounts payable to recipients pursuant to Section 11453.1 shall not constitute income to recipients of aid under this section.
(k)For children receiving Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month, which, when added to the childs income, is equal to the rate specified in Sections 11364 and 11387.
(l)(1)A county shall implement the semiannual reporting requirements in accordance with Chapter 501 of the Statutes of 2011 no later than October 1, 2013.
(2)Upon completion of the implementation described in paragraph (1), each county shall provide a certificate to the director certifying that semiannual reporting has been implemented in the county.
(3)Upon filing the certificate described in paragraph (2), a county shall comply with the semiannual reporting provisions of this section.
SEC. 4.Section 11461.3 of the Welfare and Institutions Code is amended to read:11461.3.(a)(1)The Legislature recognizes the importance of approved relative caregivers to the states child welfare system. Relative placements are the most utilized type of foster placement in California. In establishing the Approved Relative Caregiver Funding Option Program pursuant to this section, the Legislature intends to ensure that children placed with relatives are able to access state funding in an equal amount and in a similar manner to children in other types of foster placements.
(2)The Approved Relative Caregiver Funding Option Program is hereby established for the purpose of making the amount paid to approved relative caregivers for the in-home care of children placed with them who are ineligible for AFDC-FC payments equal to the amount paid on behalf of children who are eligible for AFDC-FC payments. This is an optional program for counties choosing to participate, and in so doing, participating counties agree to the terms of this section as a condition of their participation. It is the intent of the Legislature that the funding described in paragraph (1) of subdivision (e) for the Approved Relative Caregiver Funding Option Program be appropriated, and available for use from January through December of each year, unless otherwise specified.
(b)Subject to subdivision (c), effective January 1, 2015, counties shall pay an approved relative caregiver a per child per month rate in return for the care and supervision, as defined in subdivision (b) of Section 11460, of a child that is placed with the relative caregiver that is equal to the basic rate paid to foster care providers pursuant to subdivision (g) of Section 11461, if both of the following conditions are met:
(1)The county with payment responsibility has notified the department in writing by October 1 of the year before participation begins of its decision to participate in the Approved Relative Caregiver Funding Option Program.
(2)The related child placed in the home meets all of the following requirements:
(A)The child resides in the State of California.
(A)
(B)The child is described by subdivision (b), (c), or (e) of Section 11401 and the county welfare department or the county probation department is responsible for the placement and care of the child.
(B)
(C)The child is not eligible for AFDC-FC while placed with the approved relative caregiver because the child is not eligible for federal financial participation in the AFDC-FC payment.
(c)A countys election to participate in the Approved Relative Caregiver Funding Option Program shall affirmatively indicate that the county understands and agrees to all of the following conditions:
(1)Commencing October 1, 2014, the county shall notify the department in writing of its decision to participate in the Approved Relative Caregiver Funding Option Program. Failure to make timely notification, without good cause as determined by the department, shall preclude the county from participating in the program for the upcoming year. Annually thereafter, any county not presently participating who elects to do so shall notify the department in writing no later than October 1 of its decision to participate for the upcoming calendar year.
(2)The county shall confirm that it will make per child per month payments to all approved relative caregivers on behalf of eligible children in the amount specified in subdivision (b) for the duration of the participation of the county in this program.
(3)The county shall confirm that it will be solely responsible to pay any additional costs needed to make all payments pursuant to subdivision (b) if the state and federal funds allocated to the Approved Relative Caregiver Funding Option Program pursuant to paragraph (1) of subdivision (e) are insufficient to make all eligible payments.
(d)(1) A county deciding to opt out of the Approved Relative Caregiver Funding Option Program shall provide at least 120 days prior written notice of that decision to the department. Additionally, the county shall provide at least 90 days prior written notice to the approved relative caregiver or caregivers informing them that his or her per child per month payment will be reduced and the date that the reduction will occur.
(2)The department shall presume all counties have opted out of the Approved Relative Caregiver Funding Option Program if the funding appropriated in subclause (II) of clause (i) of subparagraph (B) of paragraph (1) of subdivision (e), including any additional funds appropriated pursuant to clause (ii) of subparagraph (B) of paragraph (1) of subdivision (e), is reduced, unless a county notifies the department in writing of its intent to opt in within 60 days of enactment of the State Budget. The counties shall provide at least 90 days prior written notice to the approved relative caregiver or caregivers informing them that his or her per child per month payment will be reduced, and the date that the reduction will occur.
(3)Any reduction in payments received by an approved relative caregiver on behalf of a child under this section that results from a decision by a county, including the presumed opt-out pursuant to paragraph (2), to not participate in the Approved Relative Caregiver Funding Option Program shall be exempt from state hearing jurisdiction under Section 10950.
(e)(1) The following funding shall be used for the Approved Relative Caregiver Funding Option Program:
(A)The applicable regional per-child CalWORKs grant.
(B)(i)General Fund resources that do not count toward the states maintenance of effort requirements under Section 609(a)(7)(B)(i) of Title 42 of the United States Code. For this purpose, the following money is hereby appropriated:
(I)The sum of thirty million dollars ($30,000,000) from the General Fund for the period January 1, 2015, through December 31, 2015.
(II)The sum of thirty million dollars ($30,000,000) from the General Fund in each calendar year thereafter, as cumulatively adjusted annually by the California Necessities Index used for each May Revision of the Governors Budget, to be used in each respective calendar year.
(ii)To the extent that the appropriation made in subclause (I) is insufficient to fully fund the base caseload of approved relative caregivers as of July 1, 2014, for the period of time described in subclause (I), as jointly determined by the department and the County Welfare Directors Association and approved by the Department of Finance on or before October 1, 2015, the amounts specified in subclauses (I) and (II) shall be increased in the respective amounts necessary to fully fund that base caseload. Thereafter, the adjusted amount of subclause (II), and the other terms of that provision, including an annual California Necessities Index adjustment to its amount, shall apply.
(C)County funds only to the extent required under paragraph (3) of subdivision (c).
(D)This section is intended to appropriate the funding necessary to fully fund the base caseload of approved relative caregivers, defined as the number of approved relative caregivers caring for a child who is not eligible to receive AFDC-FC payments, as of July 1, 2014.
(2)Funds available pursuant to subparagraphs (A) and (B) of paragraph (1) shall be allocated to participating counties proportionate to the number of their approved relative caregiver placements, using a methodology and timing developed by the department, following consultation with county human services agencies and their representatives.
(3)Notwithstanding subdivision (c), if in any calendar year the entire amount of funding appropriated by the state for the Approved Relative Caregiver Funding Option Program has not been fully allocated to or utilized by counties, a county that has paid any funds pursuant to subparagraph (C) of paragraph (1) of subdivision (e) may request reimbursement for those funds from the department. The authority of the department to approve the requests shall be limited by the amount of available unallocated funds.
(4)Receipt of funding through the Approved Relative Caregiver Funding Option Program shall begin immediately upon a finding that the child is not eligible for AFDC-FC pursuant to subdivision (a) of Section 11404 and initiation of payment shall not be dependent upon completion of any application. To the extent that an application or other information is required to determine county share of costs or for the utilization of CalWORKs funding, the county shall complete that application, or provide that information, on behalf of the relative caregiver.
(f)An approved relative caregiver receiving payments on behalf of a child pursuant to this section shall not be eligible to receive additional CalWORKs payments on behalf of the same child under Section 11450.
(g)To the extent permitted by federal law, payments received by the approved relative caregiver from the Approved Relative Caregiver Funding Option Program shall not be considered income for the purpose of determining other public benefits.
(h)Prior to referral of any individual or recipient, or that persons case, to the local child support agency for child support services pursuant to Section 17415 of the Family Code, the county human services agency shall determine if an applicant or recipient has good cause for noncooperation, as set forth in Section 11477.04. If the applicant or recipient claims good cause exception at any subsequent time to the county human services agency or the local child support agency, the local child support agency shall suspend child support services until the county social services agency determines the good cause claim, as set forth in Section 11477.04. If good cause is determined to exist, the local child support agency shall suspend child support services until the applicant or recipient requests their resumption, and shall take other measures that are necessary to protect the applicant or recipient and the children. If the applicant or recipient is the parent of the child for whom aid is sought and the parent is found to have not cooperated without good cause as provided in Section 11477.04, the applicants or recipients family grant shall be reduced by 25 percent for the time the failure to cooperate lasts.
(i)Consistent with Section 17552 of the Family Code, if aid is paid under this chapter on behalf of a child who is under the jurisdiction of the juvenile court and whose parent or guardian is receiving reunification services, the county human services agency shall determine, prior to referral of the case to the local child support agency for child support services, whether the referral is in the best interest of the child, taking into account both of the following:
(1)Whether the payment of support by the parent will pose a barrier to the proposed reunification in that the payment of support will compromise the parents ability to meet the requirements of the parents reunification plan.
(2)Whether the payment of support by the parent will pose a barrier to the proposed reunification in that the payment of support will compromise the parents current or future ability to meet the financial needs of the child.
(j)An approved relative caregiver may receive payments on behalf of a child who meets the requirements of paragraph (2) of subdivision (b), regardless of whether the child resides, or will be residing, outside of the county of jurisdiction or outside of the state pursuant to his or her placement. The county of jurisdiction shall be responsible for providing the Approved Relative Caregiver Funding Option payment to the relative caregiver.
(k)A child who has been removed from his or her home and detained or placed in the home of a relative caregiver and is the subject of a petition filed under Section 300, 601, or 602, or is the subject of a voluntary placement agreement, as defined in subdivision (p) of Section 11400, and who is a teen parent whose child is living in the same home or placement, shall also receive an infant supplement, in an amount determined in the manner provided in subdivision (b) of Section 11465 for a child in a foster family home.
SEC. 5.Section 11465 of the Welfare and Institutions Code is amended to read:11465.(a)When a child is living with a parent who receives AFDC-FC, Approved Relative Caregiver Funding Option Program benefits, or Kin-GAP benefits, the rate paid to the provider on behalf of the parent shall include an infant supplement to cover the cost of care and supervision of the child.
(b)For each category of eligible licensed community care facility, as defined in Section 1502 of the Health and Safety Code, the department shall adopt regulations setting forth a uniform rate to cover the cost of care and supervision of the child in each category of eligible licensed community care facility.
(c)(1)On and after July 1, 1998, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 6 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate.
(2)(A)On and after July 1, 1999, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be adjusted by an amount equal to the California Necessities Index computed pursuant to Section 11453, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate, subject to further adjustment pursuant to subparagraph (B).
(B)In addition to the adjustment specified in subparagraph (A), on and after January 1, 2000, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate.
(3)Subject to the availability of funds, for the 200001 fiscal year and annually thereafter, these rates shall be adjusted for cost of living pursuant to procedures in Section 11453.
(4)On and after January 1, 2008, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 5 percent, rounded to the nearest dollar. The resulting amount shall constitute the new uniform rate.
(d)(1)Notwithstanding subdivisions (a) to (c), inclusive, the payment made pursuant to this section for care and supervision of a child who is living with a teen parent in a whole family foster home, as defined in Section 11400, shall equal the basic rate for children placed in a licensed or approved home as specified in subdivisions (a) to (d), inclusive, and subdivision (g), of Section 11461.
(2)The amount paid for care and supervision of a dependent infant living with a dependent teen parent receiving AFDC-FC benefits in a group home placement shall equal the infant supplement rate for group home placements.
(3)(A)The caregiver shall provide the county child welfare agency or probation department with a copy of the shared responsibility plan developed pursuant to Section 16501.25 and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. Once the plan has been completed and provided to the appropriate agencies, the payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month to reflect the increased care and supervision while he or she is placed in the whole family foster home.
(B)A nonminor dependent parent residing in a supervised independent living placement, as defined in subdivision (w) of Section 11400, who develops a written parenting support plan pursuant to Section 16501.26 shall provide the county child welfare agency or probation department with a copy of the plan and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. The payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month after all of the following have been satisfied:
(i)The plan has been completed and provided to the appropriate county agency.
(ii)The plan has been approved by the appropriate county agency.
(iii)The county agency has determined that the identified responsible adult meets the criteria specified in Section 16501.27.
(4)In a year in which the payment provided pursuant to this section is adjusted for the cost of living as provided in paragraph (1) of subdivision (c), the payments provided for in this subdivision shall also be increased by the same procedures.
(5)A Kin-GAP relative who, immediately prior to entering the Kin-GAP program, was designated as a whole family foster home shall receive the same payment amounts for the care and supervision of a child who is living with a teen parent they received in foster care as a whole family foster home.
(6)On and after January 1, 2012, the rate paid for a child living with a teen parent in a whole family foster home as defined in Section 11400 shall also be paid for a child living with a nonminor dependent parent who is eligible to receive AFDC-FC or Kin-GAP pursuant to Section 11403.
(7)An Approved Relative Funding Option Program relative or a CalWORKs relative may be designated as a whole family foster home.
SEC. 6.Section 11477.02 of the Welfare and Institutions Code is amended to read:11477.02.(a)Prior to referral of any individual or recipient, or that persons case, to the local child support agency for child support services under Section 17400 or 17404 of the Family Code, the county welfare department shall determine if an applicant or recipient has good cause for noncooperation, as set forth in Section 11477.04. If the applicant or recipient claims a good cause exception at any subsequent time to the county welfare department or the local child support agency, the local child support agency shall suspend child support services until the county welfare department determines the good cause claim, as set forth in Section 11477.04. If good cause is determined to exist, the local child support agency shall suspend child support services until the applicant or recipient requests their resumption, and shall take such other measures as are necessary to protect the applicant or recipient and the children. If the applicant or recipient is the parent of the child for whom aid is sought and the parent is found to have not cooperated without good cause as provided in Section 11477.04, the applicants or recipients family grant shall be reduced by 25 percent for such time as the failure to cooperate lasts.
(b)Consistent with Section 17552 of the Family Code, if aid is paid under this chapter on behalf of a child who is under the jurisdiction of the juvenile court and whose parent or guardian is receiving reunification services, the county welfare department shall determine, prior to referral of the case to the local child support agency for child support services, whether the referral is in the best interest of the child, taking into account both of the following:
(1)Whether the payment of support by the parent will pose a barrier to the proposed reunification in that the payment of support will compromise the parents ability to meet the requirements of the parents reunification plan.
(2)Whether the payment of support by the parent will pose a barrier to the proposed reunification in that the payment of support will compromise the parents current or future ability to meet the financial needs of the child.
SEC. 7.Section 13758 is added to the Welfare and Institutions Code, to read:13758.(a)Every youth who is in foster care and has been determined to be ineligible for AFDC-FC benefits shall be screened by the county for potential eligibility for the federal Supplemental Security Income program utilizing the best practice guidelines developed pursuant to Section 13752.
(b)An application shall be submitted to the federal Social Security Administration on behalf of a youth who is screened as being likely to be eligible for federal Supplemental Security Income benefits.
SEC. 8.An appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall not be made for purposes of implementing this act.
SEC. 9.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 9.To the extent that this act has an overall effect of increasing certain costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state nor otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Upon delivery to the social worker of a child who has been taken into temporary custody under this article, the social worker shall immediately investigate the circumstances of the child and the facts surrounding the childs being taken into custody and attempt to maintain the child with the childs family through the provision of services. The social worker shall immediately release the child to the custody of the childs parent, guardian, or responsible relative, regardless of the parents, guardians, or relatives immigration status, unless one or more of the following conditions exist:
(1)The child has no parent, guardian, or responsible relative; or the childs parent, guardian, or responsible relative is not willing to provide care for the child.
(2)Continued detention of the child is a matter of immediate and urgent necessity for the protection of the child and there are no reasonable means by which the child can be protected in his or her home or the home of a responsible relative.
(3)There is substantial evidence that a parent, guardian, or custodian of the child is likely to flee the jurisdiction of the court.
(4)The child has left a placement in which he or she was placed by the juvenile court.
(5)The parent or other person having lawful custody of the child voluntarily surrendered physical custody of the child pursuant to Section 1255.7 of the Health and Safety Code and did not reclaim the child within the 14-day period specified in subdivision (e) (g) of that section.
(b)In any case in which there is reasonable cause for believing that a child who is under the care of a physician and surgeon or a hospital, clinic, or other medical facility and cannot be immediately moved and is a person described in Section 300, the child shall be deemed to have been taken into temporary custody and delivered to the social worker for the purposes of this chapter while the child is at the office of the physician and surgeon or the medical facility.
(c)If the child is not released to his or her parent or guardian, the child shall be deemed detained for purposes of this chapter.
(d)(1)If an able and willing relative, as defined in Section 319, or an able and willing nonrelative extended family member, as defined in Section 362.7, is available and requests temporary placement of the child pending the detention hearing, or after the detention hearing and pending the dispositional hearing conducted pursuant to Section 358, the county welfare department shall initiate an assessment of the relatives or nonrelative extended family members suitability, which shall include an in-home inspection to assess the safety of the home and the ability of the relative or nonrelative extended family member to care for the childs needs, and a consideration of the results of a criminal records check conducted pursuant to subdivision (a) of Section 16504.5 and a check of allegations of prior child abuse or neglect concerning the relative or nonrelative extended family member and other adults in the home. A relatives identification card from a foreign consulate or foreign passport shall be considered a valid form of identification for conducting a criminal records check and fingerprint clearance check under this subdivision. Upon completion of this assessment, the child may be placed in the assessed home. For purposes of this paragraph, and except for the criminal records check conducted pursuant to subdivision (a) of Section 16504.5, the standards used to determine suitability shall be the same standards set forth in the regulations for the licensing of foster family homes.
(2)Immediately following the placement of a child in the home of a relative or a nonrelative extended family member, the county welfare department shall evaluate and approve or deny the home for purposes of AFDC-FC eligibility pursuant to Section 11402. The 11402 and CalWORKs eligibility pursuant to Article 2 (commencing with Section 11250) of Chapter 2 of Part 3 of Division 9. The placing agency shall immediately initiate the application for AFDC-FC and determine eligibility. If the child is found to be ineligible for AFDC-FC, the county shall immediately initiate and complete the application for and determine eligibility for CalWORKs, or the Approved Relative Caregiver Funding Option Program if the child is placed with a relative and the county has opted into the program pursuant to Section 11461.3. If the county determines that the child is not eligible for AFDC-FC benefits, the county welfare department shall explain the specific basis for this determination and shall immediately screen the child for eligibility for the federal Supplemental Security Income program in accordance with Section 13758. The application date for the Approved Relative Caregiver Funding Option Program or CalWORKs shall be the date the child was placed with the relative or nonrelative extended family member.
(3)The standards used to evaluate and grant or deny approval of the home of the relative and of the home of a nonrelative extended family member, as described in Section 362.7, shall be the same standards set forth in regulations for the licensing of foster family homes which prescribe standards of safety and sanitation for the physical plant and standards for basic personal care, supervision, and services provided by the caregiver.
(3)
(4)To the extent allowed by federal law, as a condition of receiving funding under Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.), if a relative or nonrelative extended family member meets all other conditions for approval, except for the receipt of the Federal Bureau of Investigations criminal history information for the relative or nonrelative extended family member, and other adults in the home, as indicated, the county welfare department may approve the home and document that approval, if the relative or nonrelative extended family member, and each adult in the home, has signed and submitted a statement that he or she has never been convicted of a crime in the United States, other than a traffic infraction as defined in paragraph (1) of subdivision (a) of Section 42001 of the Vehicle Code. If, after the approval has been granted, the department determines that the relative or nonrelative extended family member or other adult in the home has a criminal record, the approval may be terminated.
(4)
(5)If the criminal records check indicates that the person has been convicted of a crime for which the Director of Social Services cannot grant an exemption under Section 1522 of the Health and Safety Code, the child shall not be placed in the home. If the criminal records check indicates that the person has been convicted of a crime for which the Director of Social Services may grant an exemption under Section 1522 of the Health and Safety Code, the child shall not be placed in the home unless a criminal records exemption has been granted by the county based on substantial and convincing evidence to support a reasonable belief that the person with the criminal conviction is of such good character as to justify the placement and not present a risk of harm to the child.
(e)(1)If the child is removed, the social worker shall conduct, within 30 days, an investigation in order to identify and locate all grandparents, adult siblings, and other adult relatives of the child, as defined in paragraph (2) of subdivision (f) of Section 319, including any other adult relatives suggested by the parents. The social worker shall provide to all adult relatives who are located, except when that relatives history of family or domestic violence makes notification inappropriate, within 30 days of removal of the child, written notification and shall also, whenever appropriate, provide oral notification, in person or by telephone, of all the following information:
(A)The child has been removed from the custody of his or her parent or parents, or his or her guardians.
(B)An explanation of the various options to participate in the care and placement of the child and support for the childs family, including any options that may be lost by failing to respond. The notice shall provide information about providing care for the child while the family receives reunification services with the goal of returning the child to the parent or guardian, how to become a foster family home or approved relative or nonrelative extended family member as defined in Section 362.7, and additional services and support that are available in out-of-home placements. The notice shall also include information regarding the Kin-GAP Program (Article 4.5 (commencing with Section 11360) of Chapter 2 of Part 3 of Division 9), the CalWORKs program for approved relative caregivers (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9), the Approved Relative Caregiver Funding Option Program if the county has opted into the program under Section 11461.3, adoption, and adoption assistance (Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9), as well as other options for contact with the child, including, but not limited to, visitation. The State Department of Social Services, in consultation with the County Welfare Directors Association of California and other interested stakeholders, shall develop the written notice.
(2)The social worker shall also provide the adult relatives notified pursuant to paragraph (1) with a relative information form to provide information to the social worker and the court regarding the needs of the child. The form shall include a provision whereby the relative may request the permission of the court to address the court, if the relative so chooses. The Judicial Council, in consultation with the State Department of Social Services and the County Welfare Directors Association of California, shall develop the form.
(3)The social worker shall use due diligence in investigating the names and locations of the relatives pursuant to paragraph (1), including, but not limited to, asking the child in an age-appropriate manner about relatives important to the child, consistent with the childs best interest, and obtaining information regarding the location of the childs adult relatives. Each county welfare department shall create and make public a procedure by which relatives of a child who has been removed from his or her parents or guardians may identify themselves to the county welfare department and be provided with the notices required by paragraphs (1) and (2).
(f)In addition to the notice required by subdivision (e), if a relative requests placement of the child, the county social worker or eligibility worker shall explain to the relative, either in person or by telephone, the eligibility requirements and benefit amounts for the AFDC-FC and CalWORKs programs, and the Approved Relative Caregiver Funding Option Program if the county has opted into the program under Section 11461.3, as well as any actions the relative could take to affect the childs eligibility for those programs.
SEC. 2.Section 361.45 of the Welfare and Institutions Code is amended to read:361.45.(a)Notwithstanding any other provision of law, when the sudden unavailability of a foster caregiver requires a change in placement on an emergency basis for a child who is under the jurisdiction of the juvenile court pursuant to Section 300, if an able and willing relative, as defined in Section 319, or an able and willing nonrelative extended family member, as defined in Section 362.7, is available and requests temporary placement of the child pending resolution of the emergency situation, the county welfare department shall initiate an assessment of the relatives or nonrelative extended family members suitability, which shall include an in-home inspection to assess the safety of the home and the ability of the relative or nonrelative extended family member to care for the childs needs, and a consideration of the results of a criminal records check conducted pursuant to Section 16504.5 and a check of allegations of prior child abuse or neglect concerning the relative or nonrelative extended family member and other adults in the home. Upon completion of this assessment, the child may be placed in the assessed home. For purposes of this paragraph, and except for the criminal records check conducted pursuant to Section 16504.5, the standards used to determine suitability shall be the same standards set forth in the regulations for the licensing of foster family homes.
(b)Immediately following the placement of a child in the home of a relative or a nonrelative extended family member, the county welfare department shall evaluate and approve or deny the home for purposes of AFDC-FC eligibility pursuant to Section 11402. The 11402 and CalWORKs eligibility pursuant to Article 2 (commencing with Section 11250) of Chapter 2 of Part 3 of Division 9. The placing agency shall immediately initiate the application for AFDC-FC and determine eligibility. If the child is found to be ineligible for AFDC-FC, the county shall immediately initiate and complete the application for and determine eligibility for CalWORKs, or the Approved Relative Caregiver Funding Option Program if the child is placed with a relative and the county has opted into the program pursuant to Section 11461.3. If the county determines that the child is not eligible for AFDC-FC benefits, the county welfare department shall explain the specific basis for this determination and shall immediately screen the child for eligibility for the federal Supplemental Security Income program in accordance with Section 13758. If aid is granted under the AFDC-FC or CalWORKs program, the beginning date of aid shall be the date the child was placed with the relative or nonrelative extended family member. The application date for the Approved Relative Caregiver Funding Option Program or CalWORKs shall be the date the child was placed with the relative.
(c)The standards used to evaluate and grant or deny approval of the home of the relative and of the home of a nonrelative extended family member, as described in Section 362.7, shall be the same standards set forth in regulations for the licensing of foster family homes which prescribe standards of safety and sanitation for the physical plant and standards for basic personal care, supervision, and services provided by the caregiver.
(c)
(d)If a relative or nonrelative extended family member, and other adults in the home, as indicated, meets all other conditions for approval, except for the receipt of the Federal Bureau of Investigations criminal history information for the relative or nonrelative extended family member, the county welfare department may approve the home and document that approval, if the relative or nonrelative extended family member, and each adult in the home, has signed and submitted a statement that he or she has never been convicted of a crime in the United States, other than a traffic infraction as defined in paragraph (1) of subdivision (a) of Section 42001 of the Vehicle Code. If, after the approval has been granted, the department determines that the relative or nonrelative extended family member or other adult in the home has a criminal record, the approval may be terminated.
(d)
(e)(1)On and after January 1, 2012, if If a nonminor dependent, as defined in subdivision (v) of Section 11400, is placed in the home of a relative or nonrelative extended family member, the home shall be approved using the same standards set forth in regulations as described in Section 1502.7 of the Health and Safety Code.
(2)On or before July 1, 2012, the The department, in consultation with representatives of the Legislature, the County Welfare Directors Association, the Chief Probation Officers of California, the California Youth Connection, the Judicial Council, former foster youth, child advocacy organizations, dependency counsel for children, juvenile justice advocacy organizations, foster caregiver organizations, labor organizations, and representatives of Indian tribes, shall revise regulations regarding health and safety standards for approving relative homes in which nonminor dependents, as defined in subdivision (v) of Section 11400, of the juvenile court are placed under the responsibility of the county welfare or probation department, or an Indian tribe that entered into an agreement pursuant to Section 10553.1.
(3)Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department, in consultation with the stakeholders listed in paragraph (2), shall prepare for implementation of the applicable provisions of this section by publishing all-county letters or similar instructions from the director by October 1, 2011, to be effective January 1, 2012. Emergency regulations to implement this section may be adopted by the director in accordance with the Administrative Procedure Act. The initial adoption of the emergency regulations and one readoption of the initial regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the first readoption of those emergency regulations shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days.
SEC. 3.Section 11450 of the Welfare and Institutions Code, as added by Section 4 of Chapter 632 of the Statutes of 2014, is amended to read:11450.(a)(1)(A)Aid shall be paid for each needy family, which shall include all eligible brothers and sisters of each eligible applicant or recipient child and the parents of the children, but shall not include unborn children, or recipients of aid under Chapter 3 (commencing with Section 12000), qualified for aid under this chapter. In determining the amount of aid paid, and notwithstanding the minimum basic standards of adequate care specified in Section 11452, the familys income, exclusive of any amounts considered exempt as income or paid pursuant to subdivision (e) or Section 11453.1, determined for the prospective semiannual period pursuant to Sections 11265.1, 11265.2, and 11265.3, and then calculated pursuant to Section 11451.5, shall be deducted from the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2). In no case shall the amount of aid paid for each month exceed the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2), plus any special needs, as specified in subdivisions (c), (e), and (f), and (g):
Number of | Maximum |
|---|---|
1 | $326 |
2 | 535 |
3 | 663 |
4 | 788 |
5 | 899 |
6 | 1,010 |
7 | 1,109 |
8 | 1,209 |
9 | 1,306 |
10 or more | 1,403 |
(B)If, when, and during those times that the United States government increases or decreases its contributions in assistance of needy children in this state above or below the amount paid on July 1, 1972, the amounts specified in the above table shall be increased or decreased by an amount equal to that increase or decrease by the United States government, provided that no increase or decrease shall be subject to subsequent adjustment pursuant to Section 11453.
(2)The sums specified in paragraph (1) shall not be adjusted for cost of living for the 199091, 199192, 199293, 199394, 199495, 199596, 199697, and 199798 fiscal years, and through October 31, 1998, nor shall that amount be included in the base for calculating any cost-of-living increases for any fiscal year thereafter. Elimination of the cost-of-living adjustment pursuant to this paragraph shall satisfy the requirements of Section 11453.05, and no further reduction shall be made pursuant to that section.
(b)(1)When the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant child who is 18 years of age or younger at any time after verification of pregnancy, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the child and her child, if born, would have qualified for aid under this chapter. Verification of pregnancy shall be required as a condition of eligibility for aid under this subdivision.
(2) Notwithstanding paragraph (1), when the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant woman for the month in which the birth is anticipated and for the six-month period immediately prior to the month in which the birth is anticipated, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the woman and child, if born, would have qualified for aid under this chapter. Verification of pregnancy shall be required as a condition of eligibility for aid under this subdivision.
(3)Paragraph (1) shall apply only when the Cal-Learn Program is operative.
(c)The amount of forty-seven dollars ($47) per month shall be paid to pregnant women qualified for aid under subdivision (a) or (b) to meet special needs resulting from pregnancy if the woman and child, if born, would have qualified for aid under this chapter. County welfare departments shall refer all recipients of aid under this subdivision to a local provider of the Women, Infants, and Children program. If that payment to pregnant women qualified for aid under subdivision (a) is considered income under federal law in the first five months of pregnancy, payments under this subdivision shall not apply to persons eligible under subdivision (a), except for the month in which birth is anticipated and for the three-month period immediately prior to the month in which delivery is anticipated, if the woman and child, if born, would have qualified for aid under this chapter.
(d)For children receiving AFDC-FC under this chapter, there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month that, when added to the childs income, is equal to the rate specified in Section 11460, 11461, 11462, 11462.1, or 11463. In addition, the child shall be eligible for special needs, as specified in departmental regulations.
(e)In addition to the amounts payable under subdivision (a) and Section 11453.1, a family shall be entitled to receive an allowance for recurring special needs not common to a majority of recipients. These recurring special needs shall include, but not be limited to, special diets upon the recommendation of a physician for circumstances other than pregnancy, and unusual costs of transportation, laundry, housekeeping services, telephone, and utilities. The recurring special needs allowance for each family per month shall not exceed that amount resulting from multiplying the sum of ten dollars ($10) by the number of recipients in the family who are eligible for assistance.
(f)After a family has used all available liquid resources, both exempt and nonexempt, in excess of one hundred dollars ($100), with the exception of funds deposited in a restricted account described in subdivision (a) of Section 11155.2, the family shall also be entitled to receive an allowance for nonrecurring special needs.
(1)An allowance for nonrecurring special needs shall be granted for replacement of clothing and household equipment and for emergency housing needs other than those needs addressed by paragraph (2). These needs shall be caused by sudden and unusual circumstances beyond the control of the needy family. The department shall establish the allowance for each of the nonrecurring special needs items. The sum of all nonrecurring special needs provided by this subdivision shall not exceed six hundred dollars ($600) per event.
(2)(A)Homeless assistance is available to a homeless family seeking shelter when the family is eligible for aid under this chapter. Homeless assistance for temporary shelter is also available to homeless families that are apparently eligible for aid under this chapter. Apparent eligibility exists when evidence presented by the applicant, or that is otherwise available to the county welfare department, and the information provided on the application documents indicate that there would be eligibility for aid under this chapter if the evidence and information were verified. However, an alien applicant who does not provide verification of his or her eligible alien status, or a woman with no eligible children who does not provide medical verification of pregnancy, is not apparently eligible for purposes of this section.
(B)A family is considered homeless, for the purpose of this section, when the family lacks a fixed and regular nighttime residence; or the family has a primary nighttime residence that is a supervised publicly or privately operated shelter designed to provide temporary living accommodations; or the family is residing in a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. A family is also considered homeless for the purpose of this section if the family has received a notice to pay rent or quit. The family shall demonstrate that the eviction is the result of a verified financial hardship as a result of extraordinary circumstances beyond their control, and not other lease or rental violations, and that the family is experiencing a financial crisis that could result in homelessness if preventative assistance is not provided.
(A)(i)A nonrecurring special needs benefit of sixty-five dollars ($65) a day shall be available to families of up to four members for the costs of temporary shelter, subject to the requirements of this paragraph. The fifth and additional members of the family shall each receive fifteen dollars ($15) per day, up to a daily maximum of one hundred twenty-five dollars ($125). County welfare departments may increase the daily amount available for temporary shelter as necessary to secure the additional bedspace needed by the family.
(ii)This special needs benefit shall be granted or denied immediately upon the familys application for homeless assistance, and benefits shall be available for up to three working days. The county welfare department shall verify the familys homelessness within the first three working days and if the family meets the criteria of questionable homelessness established by the department, the county welfare department shall refer the family to its early fraud prevention and detection unit, if the county has such a unit, for assistance in the verification of homelessness within this period.
(iii)After homelessness has been verified, the three-day limit shall be extended for a period of time which, when added to the initial benefits provided, does not exceed a total of 16 calendar days. This extension of benefits shall be done in increments of one week and shall be based upon searching for permanent housing which shall be documented on a housing search form, good cause, or other circumstances defined by the department. Documentation of a housing search shall be required for the initial extension of benefits beyond the three-day limit and on a weekly basis thereafter as long as the family is receiving temporary shelter benefits. Good cause shall include, but is not limited to, situations in which the county welfare department has determined that the family, to the extent it is capable, has made a good faith but unsuccessful effort to secure permanent housing while receiving temporary shelter benefits.
(B)(i)A nonrecurring special needs benefit for permanent housing assistance is available to pay for last months rent and security deposits when these payments are reasonable conditions of securing a residence, or to pay for up to two months of rent arrearages, when these payments are a reasonable condition of preventing eviction.
(ii)The last months rent or monthly arrearage portion of the payment (I) shall not exceed 80 percent of the familys total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size and (II) shall only be made to families that have found permanent housing costing no more than 80 percent of the familys total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size.
(iii)However, if the county welfare department determines that a family intends to reside with individuals who will be sharing housing costs, the county welfare department shall, in appropriate circumstances, set aside the condition specified in subclause (II) of clause (ii).
(C)The nonrecurring special needs benefit for permanent housing assistance is also available to cover the standard costs of deposits for utilities which are necessary for the health and safety of the family.
(D)A payment for or denial of permanent housing assistance shall be issued no later than one working day from the time that a family presents evidence of the availability of permanent housing. If an applicant family provides evidence of the availability of permanent housing before the county welfare department has established eligibility for aid under this chapter, the county welfare department shall complete the eligibility determination so that the denial of or payment for permanent housing assistance is issued within one working day from the submission of evidence of the availability of permanent housing, unless the family has failed to provide all of the verification necessary to establish eligibility for aid under this chapter.
(E)(i)Except as provided in clauses (ii) and (iii), eligibility for the temporary shelter assistance and the permanent housing assistance pursuant to this paragraph shall be limited to one period of up to 16 consecutive calendar days of temporary assistance and one payment of permanent assistance. Any family that includes a parent or nonparent caretaker relative living in the home who has previously received temporary or permanent homeless assistance at any time on behalf of an eligible child shall not be eligible for further homeless assistance. Any person who applies for homeless assistance benefits shall be informed that the temporary shelter benefit of up to 16 consecutive days is available only once in a lifetime, with certain exceptions, and that a break in the consecutive use of the benefit constitutes permanent exhaustion of the temporary benefit.
(ii)A family that becomes homeless as a direct and primary result of a state or federally declared natural disaster shall be eligible for temporary and permanent homeless assistance.
(iii)A family shall be eligible for temporary and permanent homeless assistance when homelessness is a direct result of domestic violence by a spouse, partner, or roommate; physical or mental illness that is medically verified that shall not include a diagnosis of alcoholism, drug addiction, or psychological stress; or, the uninhabitability of the former residence caused by sudden and unusual circumstances beyond the control of the family including natural catastrophe, fire, or condemnation. These circumstances shall be verified by a third-party governmental or private health and human services agency, except that domestic violence may also be verified by a sworn statement by the victim, as provided under Section 11495.25. Homeless assistance payments based on these specific circumstances may not be received more often than once in any 12-month period. In addition, if the domestic violence is verified by a sworn statement by the victim, the homeless assistance payments shall be limited to two periods of not more than 16 consecutive calendar days of temporary assistance and two payments of permanent assistance. A county may require that a recipient of homeless assistance benefits who qualifies under this paragraph for a second time in a 24-month period participate in a homelessness avoidance case plan as a condition of eligibility for homeless assistance benefits. The county welfare department shall immediately inform recipients who verify domestic violence by a sworn statement of the availability of domestic violence counseling and services, and refer those recipients to services upon request.
(iv)If a county requires a recipient who verifies domestic violence by a sworn statement to participate in a homelessness avoidance case plan pursuant to clause (iii), the plan shall include the provision of domestic violence services, if appropriate.
(v)If a recipient seeking homeless assistance based on domestic violence pursuant to clause (iii) has previously received homeless avoidance services based on domestic violence, the county shall review whether services were offered to the recipient and consider what additional services would assist the recipient in leaving the domestic violence situation.
(vi)The county welfare department shall report necessary data to the department through a statewide homeless assistance payment indicator system, as requested by the department, regarding all recipients of aid under this paragraph.
(F)The county welfare departments, and all other entities participating in the costs of the CalWORKs program, have the right in their share to any refunds resulting from payment of the permanent housing. However, if an emergency requires the family to move within the 12-month period specified in subparagraph (E), the family shall be allowed to use any refunds received from its deposits to meet the costs of moving to another residence.
(G)Payments to providers for temporary shelter and permanent housing and utilities shall be made on behalf of families requesting these payments.
(H)The daily amount for the temporary shelter special needs benefit for homeless assistance may be increased if authorized by the current years Budget Act by specifying a different daily allowance and appropriating the funds therefor.
(I)No payment shall be made pursuant to this paragraph unless the provider of housing is a commercial establishment, shelter, or person in the business of renting properties who has a history of renting properties.
(g)A child who has been removed from his or her home and detained or placed in the home of a relative caregiver and is the subject of a petition filed under Section 300, 601, or 602, or is the subject of a voluntary placement agreement, as defined in subdivision (p) of Section 11400, and who is a teen parent whose child is living in the same home or placement, shall also receive an infant supplement, in an amount determined in the manner provided in subdivision (b) of Section 11465 for a child in a foster family home.
(g)
(h)The department shall establish rules and regulations ensuring the uniform statewide application of this section.
(h)
(i)The department shall notify all applicants and recipients of aid through the standardized application form that these benefits are available and shall provide an opportunity for recipients to apply for the funds quickly and efficiently.
(i)
(j)(A)Except for the purposes of Section 15200, the amounts payable to recipients pursuant to Section 11453.1 shall not constitute part of the payment schedule set forth in subdivision (a).
(B)The amounts payable to recipients pursuant to Section 11453.1 shall not constitute income to recipients of aid under this section.
(j)
(k)For children receiving Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month, which, when added to the childs income, is equal to the rate specified in Sections 11364 and 11387.
(k)
(l)(1)A county shall implement the semiannual reporting requirements in accordance with Chapter 501 of the Statutes of 2011 no later than October 1, 2013.
(2)Upon completion of the implementation described in paragraph (1), each county shall provide a certificate to the director certifying that semiannual reporting has been implemented in the county.
(3)Upon filing the certificate described in paragraph (2), a county shall comply with the semiannual reporting provisions of this section.
(l)This section shall become operative on July 1, 2015.
SEC. 4.Section 11461.3 of the Welfare and Institutions Code is amended to read:11461.3.(a)The (1)The Legislature recognizes the importance of approved relative caregivers to the states child welfare system. Relative placements are the most utilized type of foster placement in California. In establishing the Approved Relative Caregiver Funding Option Program pursuant to this section, the Legislature intends to ensure that children placed with relatives are able to access state funding in an equal amount and in a similar manner to children in other types of foster placements.
(2)The Approved Relative Caregiver Funding Option Program is hereby established for the purpose of making the amount paid to approved relative caregivers for the in-home care of children placed with them who are ineligible for AFDC-FC payments equal to the amount paid on behalf of children who are eligible for AFDC-FC payments. This is an optional program for counties choosing to participate, and in so doing, participating counties agree to the terms of this section as a condition of their participation. It is the intent of the Legislature that the funding described in paragraph (1) of subdivision (e) for the Approved Relative Caregiver Funding Option Program be appropriated, and available for use from January through December of each year, unless otherwise specified.
(b)Subject to subdivision (c), effective January 1, 2015, counties shall pay an approved relative caregiver a per child per month rate in return for the care and supervision, as defined in subdivision (b) of Section 11460, of a child that is placed with the relative caregiver that is equal to the basic rate paid to foster care providers pursuant to subdivision (g) of Section 11461, if both of the following conditions are met:
(1)The county with payment responsibility has notified the department in writing by October 1 of the year before participation begins of its decision to participate in the Approved Relative Caregiver Funding Option Program.
(2)The related child placed in the home meets all of the following requirements:
(A)The child resides in the State of California.
(B)
(A)The child is described by subdivision (b), (c), or (e) of Section 11401 and the county welfare department or the county probation department is responsible for the placement and care of the child.
(C)
(B)The child is not eligible for AFDC-FC while placed with the approved relative caregiver because the child is not eligible for federal financial participation in the AFDC-FC payment.
(c)A countys election to participate in the Approved Relative Caregiver Funding Option Program shall affirmatively indicate that the county understands and agrees to all of the following conditions:
(1)Commencing October 1, 2014, the county shall notify the department in writing of its decision to participate in the Approved Relative Caregiver Funding Option Program. Failure to make timely notification, without good cause as determined by the department, shall preclude the county from participating in the program for the upcoming year. Annually thereafter, any county not presently participating who elects to do so shall notify the department in writing no later than October 1 of its decision to participate for the upcoming calendar year.
(2)The county shall confirm that it will make per child per month payments to all approved relative caregivers on behalf of eligible children in the amount specified in subdivision (b) for the duration of the participation of the county in this program.
(3)The county shall confirm that it will be solely responsible to pay any additional costs needed to make all payments pursuant to subdivision (b) if the state and federal funds allocated to the Approved Relative Caregiver Funding Option Program pursuant to paragraph (1) of subdivision (e) are insufficient to make all eligible payments.
(d)(1) A county deciding to opt out of the Approved Relative Caregiver Funding Option Program shall provide at least 120 days prior written notice of that decision to the department. Additionally, the county shall provide at least 90 days prior written notice to the approved relative caregiver or caregivers informing them that his or her per child per month payment will be reduced and the date that the reduction will occur.
(2)The department shall presume all counties have opted out of the Approved Relative Caregiver Funding Option Program if the funding appropriated in subclause (II) of clause (i) of subparagraph (B) of paragraph (1) of subdivision (e), including any additional funds appropriated pursuant to clause (ii) of subparagraph (B) of paragraph (1) of subdivision (e), is reduced, unless a county notifies the department in writing of its intent to opt in within 60 days of enactment of the State Budget. The counties shall provide at least 90 days prior written notice to the approved relative caregiver or caregivers informing them that his or her per child per month payment will be reduced, and the date that the reduction will occur.
(3)Any reduction in payments received by an approved relative caregiver on behalf of a child under this section that results from a decision by a county, including the presumed opt-out pursuant to paragraph (2), to not participate in the Approved Relative Caregiver Funding Option Program shall be exempt from state hearing jurisdiction under Section 10950.
(e)(1) The following funding shall be used for the Approved Relative Caregiver Funding Option Program:
(A)The applicable regional per-child CalWORKs grant.
(B)(i)General Fund resources that do not count toward the states maintenance of effort requirements under Section 609(a)(7)(B)(i) of Title 42 of the United States Code. For this purpose, the following money is hereby appropriated:
(I)The sum of thirty million dollars ($30,000,000) from the General Fund for the period January 1, 2015, through December 31, 2015.
(II)The sum of thirty million dollars ($30,000,000) from the General Fund in each calendar year thereafter, as cumulatively adjusted annually by the California Necessities Index used for each May Revision of the Governors Budget, to be used in each respective calendar year.
(ii)To the extent that the appropriation made in subclause (I) is insufficient to fully fund the base caseload of approved relative caregivers as of July 1, 2014, for the period of time described in subclause (I), as jointly determined by the department and the County Welfare Directors Association and approved by the Department of Finance on or before October 1, 2015, the amounts specified in subclauses (I) and (II) shall be increased in the respective amounts necessary to fully fund that base caseload. Thereafter, the adjusted amount of subclause (II), and the other terms of that provision, including an annual California Necessities Index adjustment to its amount, shall apply.
(C)County funds only to the extent required under paragraph (3) of subdivision (c).
(D)This section is intended to appropriate the funding necessary to fully fund the base caseload of approved relative caregivers, defined as the number of approved relative caregivers caring for a child who is not eligible to receive AFDC-FC payments, as of July 1, 2014.
(2)Funds available pursuant to subparagraphs (A) and (B) of paragraph (1) shall be allocated to participating counties proportionate to the number of their approved relative caregiver placements, using a methodology and timing developed by the department, following consultation with county human services agencies and their representatives.
(3)Notwithstanding subdivision (c), if in any calendar year the entire amount of funding appropriated by the state for the Approved Relative Caregiver Funding Option Program has not been fully allocated to or utilized by counties, a county that has paid any funds pursuant to subparagraph (C) of paragraph (1) of subdivision (e) may request reimbursement for those funds from the department. The authority of the department to approve the requests shall be limited by the amount of available unallocated funds.
(4)Receipt of funding through the Approved Relative Caregiver Funding Option Program shall begin immediately upon a finding that the child is not eligible for AFDC-FC pursuant to subdivision (a) of Section 11404 and initiation of payment shall not be dependent upon completion of any application. To the extent that an application or other information is required to determine county share of costs or for the utilization of CalWORKs funding, the county shall complete that application, or provide that information, on behalf of the relative caregiver.
(f)An approved relative caregiver receiving payments on behalf of a child pursuant to this section shall not be eligible to receive additional CalWORKs payments on behalf of the same child under Section 11450.
(g)To the extent permitted by federal law, payments received by the approved relative caregiver from the Approved Relative Caregiver Funding Option Program shall not be considered income for the purpose of determining other public benefits.
(h)Prior to referral of any individual or recipient, or that persons case, to the local child support agency for child support services pursuant to Section 17415 of the Family Code, the county human services agency shall determine if an applicant or recipient has good cause for noncooperation, as set forth in Section 11477.04. If the applicant or recipient claims good cause exception at any subsequent time to the county human services agency or the local child support agency, the local child support agency shall suspend child support services until the county social services agency determines the good cause claim, as set forth in Section 11477.04. If good cause is determined to exist, the local child support agency shall suspend child support services until the applicant or recipient requests their resumption, and shall take other measures that are necessary to protect the applicant or recipient and the children. If the applicant or recipient is the parent of the child for whom aid is sought and the parent is found to have not cooperated without good cause as provided in Section 11477.04, the applicants or recipients family grant shall be reduced by 25 percent for the time the failure to cooperate lasts.
(i)Consistent with Section 17552 of the Family Code, if aid is paid under this chapter on behalf of a child who is under the jurisdiction of the juvenile court and whose parent or guardian is receiving reunification services, the county human services agency shall determine, prior to referral of the case to the local child support agency for child support services, whether the referral is in the best interest of the child, taking into account both of the following:
(1)Whether the payment of support by the parent will pose a barrier to the proposed reunification in that the payment of support will compromise the parents ability to meet the requirements of the parents reunification plan.
(2)Whether the payment of support by the parent will pose a barrier to the proposed reunification in that the payment of support will compromise the parents current or future ability to meet the financial needs of the child.
(j)An approved relative caregiver may receive payments on behalf of a child who meets the requirements of paragraph (2) of subdivision (b), regardless of whether the child resides, or will be residing, outside of the county of jurisdiction or outside of the state pursuant to his or her placement. The county of jurisdiction shall be responsible for providing the Approved Relative Caregiver Funding Option payment to the relative caregiver.
(k)A child who has been removed from his or her home and detained or placed in the home of a relative caregiver and is the subject of a petition filed under Section 300, 601, or 602, or is the subject of a voluntary placement agreement, as defined in subdivision (p) of Section 11400, and who is a teen parent whose child is living in the same home or placement, shall also receive an infant supplement, in an amount determined in the manner provided in subdivision (b) of Section 11465 for a child in a foster family home.
SEC. 5.Section 11465 of the Welfare and Institutions Code is amended to read:11465.(a)When a child is living with a parent who receives AFDC-FC, Approved Relative Caregiver Funding Option Program benefits, or Kin-GAP benefits, the rate paid to the provider on behalf of the parent shall include an amount for infant supplement to cover the cost of care and supervision of the child.
(b)For each category of eligible licensed community care facility, as defined in Section 1502 of the Health and Safety Code, the department shall adopt regulations setting forth a uniform rate to cover the cost of care and supervision of the child in each category of eligible licensed community care facility.
(c)(1)On and after July 1, 1998, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 6 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate.
(2)(A)On and after July 1, 1999, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be adjusted by an amount equal to the California Necessities Index computed pursuant to Section 11453, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate, subject to further adjustment pursuant to subparagraph (B).
(B)In addition to the adjustment specified in subparagraph (A), on and after January 1, 2000, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate.
(3)Subject to the availability of funds, for the 200001 fiscal year and annually thereafter, these rates shall be adjusted for cost of living pursuant to procedures in Section 11453.
(4)On and after January 1, 2008, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 5 percent, rounded to the nearest dollar. The resulting amount shall constitute the new uniform rate.
(d)(1)Notwithstanding subdivisions (a) to (c), inclusive, the payment made pursuant to this section for care and supervision of a child who is living with a teen parent in a whole family foster home, as defined in Section 11400, shall equal the basic rate for children placed in a licensed or approved home as specified in subdivisions (a) to (d), inclusive, and subdivision (g), of Section 11461.
(2)The amount paid for care and supervision of a dependent infant living with a dependent teen parent receiving AFDC-FC benefits in a group home placement shall equal the infant supplement rate for group home placements.
(3)(A)The caregiver shall provide the county child welfare agency or probation department with a copy of the shared responsibility plan developed pursuant to Section 16501.25 and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. Once the plan has been completed and provided to the appropriate agencies, the payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month to reflect the increased care and supervision while he or she is placed in the whole family foster home.
(B)A nonminor dependent parent residing in a supervised independent living placement, as defined in subdivision (w) of Section 11400, who develops a written parenting support plan pursuant to Section 16501.26 shall provide the county child welfare agency or probation department with a copy of the plan and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. The payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month after all of the following have been satisfied:
(i)The plan has been completed and provided to the appropriate county agency.
(ii)The plan has been approved by the appropriate county agency.
(iii)The county agency has determined that the identified responsible adult meets the criteria specified in Section 16501.27.
(4)In a year in which the payment provided pursuant to this section is adjusted for the cost of living as provided in paragraph (1) of subdivision (c), the payments provided for in this subdivision shall also be increased by the same procedures.
(5)A Kin-GAP relative who, immediately prior to entering the Kin-GAP program, was designated as a whole family foster home shall receive the same payment amounts for the care and supervision of a child who is living with a teen parent they received in foster care as a whole family foster home.
(6)On and after January 1, 2012, the rate paid for a child living with a teen parent in a whole family foster home as defined in Section 11400 shall also be paid for a child living with a nonminor dependent parent who is eligible to receive AFDC-FC or Kin-GAP pursuant to Section 11403.
(7)An Approved Relative Funding Option Program relative or a CalWORKs relative may be designated as a whole family foster home.
SEC. 6.Section 11477.02 of the Welfare and Institutions Code is amended to read:11477.02.(a)Prior to referral of any individual or recipient, or that persons case, to the local child support agency for child support services under Section 17400 or 17404 of the Family Code, the county welfare department shall determine if an applicant or recipient has good cause for noncooperation, as set forth in Section 11477.04. If the applicant or recipient claims a good cause exception at any subsequent time to the county welfare department or the local child support agency, the local child support agency shall suspend child support services until the county welfare department determines the good cause claim, as set forth in Section 11477.04. If good cause is determined to exist, the local child support agency shall suspend child support services until the applicant or recipient requests their resumption, and shall take such other measures as are necessary to protect the applicant or recipient and the children. If the applicant or recipient is the parent of the child for whom aid is sought and the parent is found to have not cooperated without good cause as provided in Section 11477.04, the applicants or recipients family grant shall be reduced by 25 percent for such time as the failure to cooperate lasts.
(b)Consistent with Section 17552 of the Family Code, if aid is paid under this chapter on behalf of a child who is under the jurisdiction of the juvenile court and whose parent or guardian is receiving reunification services, the county welfare department shall determine, prior to referral of the case to the local child support agency for child support services, whether the referral is in the best interest of the child, taking into account both of the following:
(1)Whether the payment of support by the parent will pose a barrier to the proposed reunification in that the payment of support will compromise the parents ability to meet the requirements of the parents reunification plan.
(2)Whether the payment of support by the parent will pose a barrier to the proposed reunification in that the payment of support will compromise the parents current or future ability to meet the financial needs of the child.
SEC. 7.Section 13758 is added to the Welfare and Institutions Code, to read:13758.(a)Every youth who is in foster care and has been determined to be ineligible for AFDC-FC benefits shall be screened by the county for potential eligibility for the federal Supplemental Security Income program utilizing the best practice guidelines developed pursuant to Section 13752.
(b)An application shall be submitted to the federal Social Security Administration on behalf of a youth who is screened as being likely to be eligible for federal Supplemental Security Income benefits.
SEC. 8.An appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall not be made for purposes of implementing this act.
SEC. 9.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.
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Date
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Status
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|---|---|
| May 28, 2015 | Read second time and amended. Ordered returned to second reading. |
| Aug 27, 2015 | In committee: Held under submission. |
| Aug 17, 2015 | In committee: Referred to APPR. suspense file. |
| Jul 16, 2015 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 16, 2015 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (July 14). |
| Jun 11, 2015 | Referred to Com. on HUMAN S. |
| Jun 2, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 1802.) |
| Jun 2, 2015 | Read third time. Passed. Ordered to the Senate. |
| Jun 2, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jun 1, 2015 | Read second time. Ordered to third reading. |
| Feb 19, 2015 | Read first time. To print. |
| May 28, 2015 | From committee: Amend, and do pass as amended. (Ayes 17. Noes 0.) (May 28). |
| May 20, 2015 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| May 20, 2015 | In committee: Set, first hearing. Referred to suspense file. |
| Apr 29, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 28). Re-referred to Com. on APPR. |
| Apr 27, 2015 | Re-referred to Com. on HUM. S. |
| Apr 23, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on HUM. S. Read second time and amended. |
| Mar 24, 2015 | In committee: Hearing postponed by committee. |
| Mar 2, 2015 | Referred to Com. on HUM. S. |
| Feb 20, 2015 | From printer. May be heard in committee March 22. |
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Date
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Description
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Location
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Votes
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|
|---|---|---|---|---|
| Aug 17, 2015 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 14, 2015 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Human Services |
Passed |
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| Jun 2, 2015 | AB 423 COOLEY Assembly Third Reading | Assembly Floor |
Passed |
|
| May 28, 2015 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 28, 2015 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Human Services |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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|---|---|---|
| Alliance for Children's Rights | ** Support | Aug 17, 2015 |
| California Alliance Of Child And Family Services | ** Support | Aug 17, 2015 |
| California Communities United | ** Support | Aug 17, 2015 |
| California Communities United Institute | ** Support | Jun 2, 2015 |
| California Department of Social Services | ** Support | Aug 17, 2015 |
| California Youth Connection | ** Support | Aug 17, 2015 |
| Children Now | ** Support | Aug 17, 2015 |
| Children's Advocacy Institute | ** Support | Aug 17, 2015 |
| Children's Law Center | ** Support | Aug 17, 2015 |
| Dependency Legal Group of San Diego | ** Support | Aug 17, 2015 |
| Hillsides | ** Support | Aug 17, 2015 |
| Lilliput Children's Services | ** Support | Aug 17, 2015 |
| OC Kinship & Support Org. | ** Support | Aug 17, 2015 |
| Public Counsel's Children's Rights Project | ** Support | Aug 17, 2015 |
AB 423 (Cooley) Page 5 of 5
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 423 (Cooley) - CalWORKs: relative caregivers
|
|
Version: July 16, 2015 |
Policy Vote: HUMAN S. 5 - 0 |
Urgency: No |
Mandate: Yes |
Hearing Date: August 17, 2015 |
Consultant: Jolie Onodera |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 423 would require a county welfare department (CWD) to immediately initiate specified application, eligibility determinations, and screenings of a foster child upon placement in the home of a relative. This bill would also require an infant supplement, as specified, to be paid under the CalWORKs and the Approved Relative Caregiver Funding Option (ARC) Program to a teen parent who is placed with his or her child in the home of a relative caregiver, as specified. This bill would also revise the provisions of the ARC Program, as specified.
Fiscal Impact:
Potentially major ongoing state costs (General Fund*) to immediately initiate applications and determine eligibility for AFDC-FC, CalWORKs, and ARC program benefits for foster children placed with relative caregivers.
Ongoing potentially major increase in AFDC-FC, CalWORKs, and ARC payments due to provision mandating eligibility for aid from the date of placement with the relative. Every one additional month of aid for 8,500 relative placements could cost in the range of $2.9 million to $7.3 million (General Fund*) depending on whether the county has opted into the ARC Program.
Potentially significant ongoing state costs for CWDs to provide an explanation in-person or by telephone of the eligibility requirements and benefit amounts of the programs to relative caregivers. Assuming 30 minutes of social worker time for 8,500 relative placements would cost about $325,000 (General Fund*).
Potentially significant ongoing state costs of about $250,000 (General Fund*) for CWDs to screen for SSI eligibility, assuming 30 minutes of social worker time. As existing law requires counties to screen for SSI for foster youth between the age of 16½ and 17½ years, no additional costs are assumed for this age group.
Potentially significant ongoing state costs of about $250,000 (General Fund*) to provide the infant supplement of $411 per month to an estimated 50 cases statewide.
*Pursuant to Proposition 30 (November 2012) any legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by realignment (including child welfare services and foster care) only apply to local agencies to the extent that the state provides annual funding for the cost increase.
Background:
Existing law requires each county to provide cash assistance and other social services through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance for Needy Families (TANF) block grant funds, state, and county funds. Existing law specifies the amounts of cash aid and supplemental amounts to be paid each month to CalWORKs recipients.
Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program under which counties provide payments to foster care providers on behalf of qualified children. Under existing law, a child is eligible for AFDC-FC if he or she is placed in the approved home of a relative and is otherwise eligible for federal financial participation in the AFDC-FC payment, as specified. Under existing law, if a county welfare department places a child who is in temporary custody or subject to the jurisdiction of the juvenile court with a relative or NREFM, the county is required to evaluate and approve or deny the home for purposes of AFDC-FC eligibility.
Existing law enacted by SB 855 (Committee on Budget and Fiscal Review) Chapter 29/2014, the Human Services budget trailer bill, among other provisions, established the ARC Program, and appropriates no less than $30 million annually from the General Fund for this program. This program requires counties that opt to participate in the program to pay an approved relative caregiver a per child per month rate in return for the care and supervision of an AFDC-FC ineligible child placed with the relative caregiver that is equal to the basic rate paid to foster care providers for an AFDC-FC child.
Proposed Law:
This bill would require a CWD to immediately initiate specified application, eligibility determinations, and screenings of a foster child upon placement in the home of a relative caregiver, as follows:
Requires a county to immediately initiate the application for CalWORKs utilizing the shortened CalWORKs application and simplified eligibility standards that pertain to determining a foster child’s eligibility. Specifies that the beginning date of aid shall be the date the child was placed with the relative.
Requires that concurrently with initiating the CalWORKs application, the CWD to evaluate and approve or deny AFDC-FC eligibility.
If found ineligible for AFDC-FC, requires the CWD to initiate the application for and determine eligibility for ARC, if applicable. Specifies that if an application was submitted for CalWORKs eligibility containing all necessary information to determine eligibility for ARC, no new application is required.
Specifies the beginning date of aid for the ARC Program, as specified.
If found ineligible for AFDC-FC, requires the CWD to explain the specific basis for this determination and shall screen the child for eligibility for SSI/SSP.
Requires county social workers or eligibility workers to explain, in person or by telephone, the eligibility requirements and benefit amounts for the AFDC-FC, CalWORKs, and ARC programs, as well as any actions the relative could take to affect the child’s eligibility for those programs.
Requires all youth in foster care who have been determined federally ineligible to be screened by the CWD for potential eligibility for SSI/SSP, as specified.
Requires an infant supplement, as specified, to be paid under the CalWORKs and ARC programs to a teen parent who is placed with his or her child in the home of a relative caregiver, as specified.
Includes codified legislative intent language stating, “The Legislature recognizes the importance of approved relative caregivers to the state’s child welfare system. Relative placements are the most utilized type of foster placement in California. In establishing the Approved Relative Caregiver Funding Option Program pursuant to this section, the Legislature intends to ensure that children placed with relatives are able to access state funding in an equal amount and in a similar manner to children in other types of foster placements.”
Requires receipt of funding through the ARC Program to begin immediately upon a finding that a child is ineligible for AFDC-FC and approval of the home, as specified. Requires the county to complete the application, to the extent an application or other information is required.
Prior Legislation:
AB 1882 (Cooley) 2014 was similar to this measure and would have required a CWD to immediately initiate specified application, eligibility determinations, and screenings of a foster child upon placement in the home of a relative or nonrelative extended family member. This bill would have also required an infant supplement, as specified, to be paid under the CalWORKs and the ARC Program to a teen parent who is placed with his or her child in the home of a relative caregiver, as specified. This bill was held on the Suspense File of this Committee.
SB 855 (Committee on Budget and Fiscal Review) Chapter 29/2014, the Human Services budget trailer bill, among other provisions, established the ARC Program, and appropriates no less than $30 million annually from the General Fund for this program. This program requires counties that opt to participate in the program to, effective January 1, 2015, pay an approved relative caregiver a per child per month rate in return for the care and supervision of an AFDC-FC ineligible child placed with the relative caregiver that is equal to the basic rate paid to foster care providers for an AFDC-FC child.
Staff Comments:
By requiring county welfare departments to immediately initiate specified application, eligibility determinations, and screenings of a foster child upon placement in the home of a relative caregiver, this bill imposes a state-mandated local program due to the higher level of service mandated on CWDs, potentially requiring a subvention of funds from the state. Although CWDs do initiate and determine eligibility for programs, existing law does not specify immediate initiation of applications and determinations of eligibility for CalWORKs concurrently with AFDC-FC, or require an explanation of the specific basis for the determination followed by a screening for SSI of these cases.
This bill requires CWDs to screen youth for SSI eligibility upon determination of ineligibility for AFDC-FC. Assuming 30 minutes of social worker time per screening, ongoing state costs of about $250,000 (General Fund*) are estimated. As existing law requires counties to screen for SSI for foster youth between the ages of 16½ and 17½ years, the costs noted above do not include inclusion of this age group.
Additionally, requiring CWDs to provide an explanation in-person or by telephone of the eligibility requirements and benefit amounts of the AFDC-FC, CalWORKs, and ARC programs to relative caregivers will result in additional workload to CWDs. Assuming 30 minutes per explanation for 8,500 relative placements would cost about $325,000 (General Fund*) annually. To the extent additional time is required for eligibility workers to provide further information to caregivers would result in additional ongoing costs.
By mandating eligibility for aid from the date of placement with the relative, this bill could result in the receipt of aid earlier and for additional months for about 8,500 relative placements. For every one additional month of aid provided, ongoing costs could range from $2.9 million to $7.3 million, depending on the program (CalWORKs vs. AFDC-FC or ARC).
This bill also requires the provision of the infant supplement to be paid in the CalWORKs and ARC programs to a teen parent who is placed with his or her child in the home of a relative caregiver, as specified. This provision is estimated to result in annual costs of about $250,000 (General Fund*) to provide the infant supplement of $411 per month to an estimated 50 cases statewide.
Prior to FY 2011-12, the state and counties contributed to the non-federal share of child welfare services expenditures. AB 118 (Committee on Budget) Chapter 40/2011 and ABX1 16 Chapter 13/2011 realigned state funding to the counties through the 2011 Local Revenue Fund (LRF) for various programs, including child welfare services and foster care. As a result, beginning in FY 2011-12 and for each fiscal year thereafter, non-federal funding and expenditures for foster care and child welfare services activities are funded through the LRF.
Proposition 30 was passed by the voters in November 2012, and among other provisions, eliminated any potential mandate funding liability for any new program or higher level of service mandated on the counties related to realigned programs, including child welfare services and foster care. Rather, legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by realignment only apply to local agencies to the extent that the state provides annual funding for the cost increase. Local agencies are not obligated to provide programs or levels of service required by legislation above the level for which funding has been provided.
To the extent it is determined that the provisions of this bill impose a higher level of service on local agencies or result in an increase in overall costs already borne by counties for the provision of child welfare services and foster care, the state could potentially elect to, but not be required to, provide funding for the cost increase.
-- END --
AB 423 (Cooley) Page 8 of 8
SENATE COMMITTEE ON HUMAN SERVICES
Senator McGuire, Chair
2015 - 2016 Regular
Bill No: AB 423
Author: |
Cooley |
||
Version: |
May 28, 2015 |
Hearing Date: |
July 14, 2015 |
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Sara Rogers |
||
Subject: CalWORKs: relative caregivers
SUMMARY
This bill requires a county, immediately following the placement of a child in the home of a relative, to initiate an application for CalWORKs in order to ensure that the child receives funding while eligibility determinations for other foster care benefits are pending. It also provides that, if the child is found to be ineligible for federal foster care payments, the county shall determine eligibility for the Approved Relative Caregiver Funding Option Program if the county has opted into the program. The bill also requires the county to screen every youth who is in foster care and who has been determined to be ineligible for AFDC-FC benefits for Supplemental Security Income (SSI) program eligibility, as specified.
ABSTRACT
Existing law:
Establishes a juvenile court’s jurisdiction over a child who has suffered, or is at substantial risk of suffering, serious physical harm inflicted non-accidentally upon the child by the child’s parent or guardian. (WIC 300)
Establishes multiple programs of support for dependent or former dependent children and the families that care for them. Each of the federally reimbursed programs has a corollary state-only funded program for children who are not eligible under Aid to Families with Dependent Children (AFDC) income eligibility criteria from 1996. These include:
Aid to Families with Dependent Children-Foster Care (AFDC-FC), (WIC 11401)
Kinship Guardianship Assistance Payment Program (Kin-GAP), (WIC 11360; WIC 11385)
Adoption Assistance Program, (WIC 16115)
Non Relative Legal Guardianship (WIC 11405)
CalWORKs (for children who are ineligible for federal IV-E funding in foster care and residing with relatives). (WIC 11250)
Establishes the Approved Relative Caregiver Funding Option program to provide counties with the option of making the amount paid to approved relative caregivers caring for non-federally eligible children equal to the amount paid on behalf of children who are federally eligible. (WIC 11461.3)
Provides that the following funding shall be used for the Approved Relative Caregiver Funding Option Program:
The applicable regional per-child CalWORKs grant.
Appropriated general fund resources.
County funds. only to the extent required.(WIC 11461.3)
Requires that a child who cannot be left in the home of a parent or guardian be placed by a county social worker in a foster home, with priority going to a relative of the child or nonrelative extended family member. (WIC 309)
Requires that immediately following the placement of a child who has been temporarily detained into the home of a relative or a nonrelative extended family member, the county welfare department must evaluate and approve or deny the home for purposes of AFDC-FC benefit eligibility. (WIC 309 (d)(2))
This bill:
States legislative findings that relative placements are the most utilized type of foster placement in California and that by establishing the Approved Relative Caregiver Funding Option Program, the Legislature intends to ensure that children placed with relatives are able to access state funding in an equal amount and in a similar manner to children in other types of foster placements.
Requires a county, immediately following the placement of a child in the home of a relative, to initiate an application for CalWORKs in order to ensure that the child receives funding while eligibility determinations are pending for other benefits. Provides that if the relative caregiver is also needy, the relative caregiver shall be responsible for applying for CalWORKs benefits to cover his or her own needs.
Requires a county welfare department to concurrently initiate an application for CalWORKs, initiate the application for AFDC-FC, and evaluate the home for AFDC-FC eligibility.
If the child is found to be ineligible for AFDC-FC, requires the county to initiate and complete the application for, and determine eligibility for, the Approved Relative Caregiver Funding Option Program, if the child is placed with a relative and the county has opted into the program.
Requires that if a county determines that the child is not eligible for AFDC-FC benefits, the county welfare department shall explain the specific basis for this determination and screen the child for eligibility for the federal Supplemental Security Income program, as specified.
Provides that a minor or nonminor foster youth who has been placed in the home of a relative caregiver and who is a teen parent with a child living in the same home or placement, shall receive an infant supplement, as specified.
Requires that receipt of Approved Relative Caregiver program payments shall begin immediately upon determination that a child is not eligible for AFDC-FC, as specified, and that the initiation of such payment shall not be dependent upon completion of any application. Further states that, to the extent that an application or related information is required, the county shall complete the application or supply necessary information on behalf of the relative caregiver.
Permits an approved relative caregiver to receive payments on behalf of a child, regardless of whether the child is placed outside the county of jurisdiction. Further requires the county of jurisdiction to be responsible for providing the Approved Relative Caregiver payment.
Requires an infant supplement for a child to be included in the provider rate when that child is living with a parent who receives Approved Relative Caregiver benefits.
States that an Approved Relative Caregiver or CalWORKs relative may be designated as a whole family foster home.
States that, if aid is paid on behalf of a child whose parent or guardian is receiving reunification services, the county welfare department shall determine whether referral of the case to the local child support agency is in the best interest of the child, as specified.
Requires the county to screen every youth who is in foster care and who has been determined to be ineligible for AFDC-FC benefits for Supplemental Security Income (SSI) program eligibility, as specified. Further requires the county to submit an SSI application to the federal Social Security Administration on behalf of a youth who is determined through screening to be likely eligible for benefits.
Stipulates that no continuous appropriation, as specified, shall be made from the General Fund to counties in order to implement this act.
Currently does not incorporate chaptering language from SB 79 (Senate Committee on Budget, Chapter 20, Statutes of 2015)
FISCAL IMPACT
An Assembly Appropriations analysis states that this bill incurs the following potentially significant ongoing costs:
State GF costs (due to Proposition 30) for counties to immediately initiate applications and determine eligibility for AFDC-FC, CalWORKs, or ARC program benefits for foster children placed with relative caregivers.
Increase in AFDC-FC, CalWORKs, and ARC payments due to mandating eligibility for aid from the date of placement. Every one additional month of aid for 8,500 relative placements could cost in the range of $2.9 million to $7.3 million (GF) depending on whether the county has opted into the ARC program.
State costs for county welfare departments to provide an explanation of the eligibility requirements and benefit amounts of programs to relative caregivers. Assuming 30 minutes of social worker time for 8,500 relative placements, it would cost about $325,000 (GF).
State costs of about $235,000 (GF) for county welfare departments to screen for SSI eligibility, assuming 30 minutes of social worker time. As existing law requires counties to screen for SSI for foster youth between the age of 16 ½ and 17 ½ years, no additional costs are assumed for this age group.
State costs of about $250,000 (GF) to provide the infant supplement of $411 per month to an estimated 50 cases statewide.
BACKGROUND AND DISCUSSION
Purpose of the bill:
According to the author, “Foster children are some of the most vulnerable in our state. It is vitally important that we do everything we can to help them succeed. The ARC program is an important step forward in making sure that relative caregivers are given the same funding as nonrelatives, but not all counties have opted into the program. In counties that don't opt in, those children who do not qualify for federal foster care benefits are still eligible to receive CalWORKs, but often their relative caregivers do not understand how to navigate the system in order to ensure the benefits these children are entitled to. [This bill] clarifies procedures and application requirements for counties that opt into the ARC program, as well requiring counties that do not opt into the program to screen foster children in relative placements to see if they qualify for CalWORKs funding.”
Assistance for foster children
State statute establishes multiple programs to support children in foster care, including AFDC-FC, Kin-GAP, adoption assistance and payments to non-relative legal guardians. However, income eligibility requirements for the AFDC-FC program are frozen at the 1996 AFDC standards – meaning that in order for a child to be eligible for federal AFDC-FC funding, he or she must have been removed from a family that has a monthly income of below $734, regardless of the income of the family member who is now caring for the foster child. As a result, the proportion of federally eligible foster youth is declining over time, shifting the cost of the program to state-only funding, and increasing the numbers of relative caregivers who are ineligible for federal funding.
For a federally-eligible foster youth placed with a relative, the federally-funded payment averages approximately $923 per month. Current statute allows a child who does not meet federal AFDC-FC eligibility criteria and is cared for by a nonrelative to receive a state-only foster care payment equal to the federal AFDC-FC payment. This practice is consistent across the various types of foster care placements, except for when a child is placed with a relative. A basic foster care rate for a 12-year-old is $800. In California, families caring for relatives who are ineligible for AFDC-FC federal payments are paid through the CalWORKs program, with the child receiving a single benefit allocation of approximately $369 per month in a high-cost county).
In response to this payment inequity and the impact it has on the ability of relatives to care for children in the foster care system, SB 855 (Committee on Budget and Fiscal Review, Chapter 29, Statutes of 2014) created the Approved Relative Caregiver Funding Option Program, allowing counties to pay approved relative caregivers the same amount paid on behalf of children who are eligible for foster care payments.
This year’s Human Services trailer bill included additional clean up language that sought to increase federal participation and streamline eligibility processes for families, including the following provisions:
If the approved relative caregiver is needy, his or her assistance unit size will include the number of Approved Relative Caregiver children, or non-minor dependents, for purposes of determining program income and eligibility of the CalWORKs assistance unit only, however for purposes of calculating the grant amount foster children are excluded.
Overpayments will be collected pursuant to existing foster care program requirements.
The county with court jurisdiction of the child has payment responsibly for Approved Relative Caregiver children.
An approved relative caregiver is exempt from Statewide Fingerprint Imaging Systems, reporting, immunization, and other CalWORKs requirements.
Creation of an annual increase for the caregiver, as specified, to ensure that the caregiver payments get a full California Necessities Index (CNI) adjustment.
Relative caregivers
A county’s first priority for placement is in the home of a relative, unless the placement would not be in the best interests of the child. Caseworkers are required to make diligent efforts to locate relatives, but if a relative is not immediately found a child may be placed in a licensed or certified foster home. Although “relative” for purposes of preferential consideration is limited to grandparents, siblings, aunts or uncles, the statutory definition of “relative” is broad, based on a 5th degree of separation standard. This means that placement within this broader network of relatives may cause the child to receive far less aid and other services than if they were placed in a stranger’s home.
Nearly one-third of the nearly 63,000 non-probation foster youth are placed with relatives, most of them with non-guardian relatives. Another 123 probation foster youth, of the nearly 4,000, are placed with relatives. Children who have medical or mental health needs, parenting youth, or youth on probation are the least likely to find permanent homes and instead are more likely to remain in “long term foster care” in residential placements (such as a group home). Outcomes data collected by CDSS shows that nearly 10 percent of non-probation foster youth and 15 percent of probation youth age out of the systems without a “permanent connection.” For these youth, recruiting and supporting relative caregivers is a key to a successful transition to adulthood. However, without sufficient financial support and services these distant relatives are often unable to care for the youth. The Approved Relative Caregiver Funding Option program, which all but 15 counties have opted in to, equalizes the financial aid payments for these families, though many other services and supports remain unavailable to them.
Under both state and federal law, relative and non-relative caregivers are required to be approved by the caseworker using specific standards, including a Department of Justice background check. This process can be lengthy. Beginning in 2017, the resource family approval process for foster families will simplify this process, although there may still be delays for a few caregivers.
Prior Legislation:
AB 1882 (Cooley, 2014) was similar to this bill. It was held on Senate Appropriations Committee’s Suspense File.
SB 855 (Committee on Budget and Fiscal Review, Chapter 29, Statutes of 2014) among other things, established the ARC Funding Option program.
COMMENTS
Following extensive negotiations with the County Welfare Directors Association of California and CDSS, the author proposes several amendments to this bill. Currently this bill requires counties who have opted into the Approved Relative Caregiver (ARC) program to provide ARC payments immediately upon a determination that a child is not federally eligible for foster care payments, even if the family has not yet been formally approved as a relative caregiver. The relative caregiver process involves a more thorough background clearance than is required for initial relative placement. Due to backlogs at the court level in entering arrest disposition and other information, some criminal record clearances can take months or longer. Instead of initiating ARC payments prior to approval, the author proposes to amend the bill to instead ensure that families are quickly enrolled in CalWORKs pending the formal caregiver approval. The author also intends to limit to 120 days, the length of time that an approved Relative Caregiver must wait to receive payments while a criminal record clearance is pending.
For the 15 counties that have not opted into the Approved Relative Caregiver program, the process to apply for CalWORKs is simplified and made automatic. The current process for relative caregivers to receive CalWORKs requires a full application process, including documenting employment and income information that is not relevant to being paid as a foster caregiver. As proposed to be amended, this bill would require non-ARC counties to utilize a streamlined CalWORKs application.
The specific amendments proposed by the author are as follows:
Amendment 1: Page 5, line 10:
(d) (2) (A) Immediately following the placement of a child in the home of a relative, the county shall initiate an application for CalWORKs pursuant to Article 2 (commencing with Section 11250) on behalf of the child in order to ensure that the child receives funding while eligibility determinations for other benefits are pending. The county shall utilize the shortened CalWORKs application and simplified CalWORKs eligibility standards that pertain to determining a foster child’s CalWORKs eligibility for the Approved Relative Caregiver Funding Option Program pursuant to Sections 11253.5 and 11461.3. The application date for CalWORKs and the beginning date of aid shall be the date the child was placed with the relative. If the relative caregiver is also needy, the relative caregiver shall be responsible for applying for CalWORKs benefits to cover his or her own needs.
Amendment 2: Page 5, line 22: Insert the following at the end of the paragraph:
(B) Concurrently with initiating the application for CalWORKs pursuant to this paragraph, the county welfare department shall also evaluate and approve or deny the home for purposes of AFDC-FC eligibility pursuant to Section 11402. The placing agency shall initiate the application for AFDC-FC and determine eligibility. If the child is found to be ineligible for AFDC-FC, the county shall initiate and complete the application for, and determine eligibility for, the Approved Relative Caregiver Funding Option Program if the child is placed with a relative and the county has opted into the program pursuant to Section 11461.3. If an application was submitted for purposes of determining CalWORKs eligibility pursuant to subparagraph (A) that contains all necessary information to determine eligibility for the Approved Relative Caregiver Funding Option Program, a new application need not be initiated for purposes of complying with this subparagraph. The beginning date of aid for the Approved Relative Caregiver funding shall be either the date of placement or the date of approval of the home pursuant to Section 309(d)(2), whichever is later, and shall be no later than 30 days after the date of placement, unless the county documents the need for additional time to complete the home approval process because of a need to obtain additional records or documentation to determine whether a criminal conviction can be waived, or similar circumstances. If additional time is necessary, the beginning date of aid for the Approved Relative Caregiver Funding Option Program shall be the date of approval but funding must commence no later than 120 days after the date of placement. If the child is transferring from CalWORKs to ARC but remains in the home of the same related caregiver, the effective date of program transfer is the first month following the request for change of program.
Amendment 3: Page 5, line 29 - 30:
(C) If
the county determines that the child is not eligible for AFDC-FC
benefits, the county welfare department shall explain the specific
basis for this determination and shall screen the child for
eligibility for the federal Supplemental Security Income program in
accordance with Section 13758.
The
application date for CalWORKs for the child shall be the date the
child was placed with the relative.
Amendment 4: Page 9, line 1: After “pending” add the following:
The county shall utilize the shortened CalWORKs application and simplified CalWORKs eligibility standards that pertain to determining a foster child’s CalWORKs eligibility for the Approved Relative Caregiver Funding Option Program pursuant to Sections 11253.5 and 11461.3. The application date for CalWORKs and the beginning date of aid shall be the date the child was placed with the relative. If the relative caregiver is also needy, the relative caregiver shall be responsible for applying for CalWORKs benefits to cover his or her own needs.
Amendment 5: Page 9, line 13: Insert the following at the end of the paragraph:
If an application was submitted for purposes of determining CalWORKs eligibility pursuant to subparagraph (A) that contains all necessary information to determine eligibility for the Approved Relative Caregiver Funding Option Program, a new application need not be initiated for purposes of complying with this subparagraph. The beginning date of aid for the Approved Relative Caregiver funding shall be either the date of placement or the date of approval of the home pursuant to Section 309(d)(2), whichever is later, and shall be no later than 30 days after the date of placement, unless the county documents the need for additional time to complete the home approval process because of a need to obtain additional records or documentation to determine whether a criminal conviction can be waived, or similar circumstances. If additional time is necessary, the beginning date of aid for the Approved Relative Caregiver Funding Option Program shall be the date of approval but funding must commence no later than 120 days after the date of placement.
Amendment 6: Page 9, line 20 - 21: Strike the line beginning with “CalWORKs” and ending with “relative” as follows:
(C) If
the county determines that the child is not eligible for AFDC-FC
benefits, the county welfare department shall explain the specific
basis for this determination and shall screen the child for
eligibility for the federal Supplemental Security Income program in
accordance with Section 13758. The
application date for CalWORKs for the child shall be the date the
child was placed with the relative.
Amendment 7: Page 22, lines 30 - 38: Amend subsection (e) (4) as follows:
(e)
(4) Receipt of
funding through the Approved Relative Caregiver Funding Option
Program shall begin immediately upon a finding that the child is not
eligible for AFDC-FC pursuant to subdivision (a) of Section 11404 and
approval of the
home consistent with the timelines included in subdivision (B) of
section 309.
and
initiation of payment shall not be dependent upon completion of any
application.
To the extent that
an application or other information is required to determine county
share of costs or for the utilization of CalWORKs funding, the county
shall complete that application, or provide that information, on
behalf of the relative caregiver to
the extent possible prior to requesting information from the relative
caregiver. If an application was submitted for purposes of
determining CalWORKs eligibility pursuant to section 309(d) (2)(A) or
361.45(b)(1) that contains all necessary information to determine
eligibility for the Approved Relative Caregiver Funding Option
Program, a new application need not be initiated.
Amendment 8: Page 27, line 31: Add a new sentence at the end of the paragraph to read:
… developed pursuant to Section 13752. The screening shall occur no later than 120 days after the child is placed or upon concluding that the child is not eligible for AFDC-FC benefits, whichever is later.
PRIOR VOTES
Assembly Floor: |
78 - 0 |
Assembly Appropriations Committee: |
17 - 0 |
Assembly Human Services Committee: |
7 - 0 |
POSITIONS
Support:
Alliance for Children’s Rights
California Alliance of Child and Family Services
California Communities United
California Department of Social Services
California Youth Connection
Children’s Advocacy Institute
Children’s Law Center
Children Now
Dependency Legal Group of San Diego
Hillsides
Lilliput Children’s Services
OC Kinship & Support Org.
Public Counsel’s Children’s Rights Project
Oppose:
None received.
-- END --
AB 423
Page 4
ASSEMBLY THIRD READING
AB 423
(Cooley)
As Amended May 28, 2015
Majority vote
Committee |
Votes |
Ayes |
Noes |
Human Services |
7-0 |
Chu, Mayes, Calderon, Lopez, Maienschein, Mark Stone, Thurmond |
|
Appropriations |
17-0 |
Gomez, Bigelow, Bonta, Calderon, Chang, Daly, Eggman, Gallagher, Eduardo Garcia, Gordon, Holden, Jones, Quirk, Rendon, Wagner, Weber, Wood |
|
SUMMARY:
Requires counties to take certain steps to assist foster youth placed with relative caregivers in obtaining foster care benefits and further expands eligibility for the receipt of an infant supplement. Specifically, this bill:
Requires counties, immediately upon placing a child who has been removed from his or her home into the home of a relative, to initiate an application for California Work Opportunity and Responsibility to Kids (CalWORKs) assistance on behalf of the child. Further specifies that, if a relative caregiver is also needy, he or she has the responsibility for applying for CalWORKs to cover his or her own needs.
Requires county welfare departments, at the same time the CalWORKs application is initiated, to evaluate and approve or deny the relative's home for purposes of Aid to Families with Dependent Children-Foster Care (AFDC-FC) eligibility, as specified.
Requires counties, in cases where a child is found to be ineligible for AFDC-FC, to initiate and complete an application and determine eligibility for the Approved Relative Caregiver Funding Option (ARC) Program, where applicable, as specified.
Requires county welfare departments, upon determining that a child is ineligible for AFDC-FC benefits, to explain the specific basis for this determination.
States that the application date for CalWORKs benefits for the child shall be the date the child was placed with the relative.
Adds information on the ARC program to a list of information to be provided in a notice given to adult relatives of a removed child explaining the various options to participate in the care and placement of a child, as specified.
Requires a county social worker or eligibility worker to explain the eligibility requirements and benefit amounts for AFDC-FC, CalWORKs, and the ARC program to a relative who has requested placement of a child, as specified. Further requires the county to explain any actions the relative could take to affect the child’s eligibility for those programs.
Entitles a teen parent who is detained or placed in the home of a relative caregiver, as specified, to an infant supplement, as defined.
States legislative intent to ensure that children placed with relatives are able to access state funding in an equal amount and in a similar manner to children in other types of foster care placements.
States that receipt of ARC program payments shall begin immediately upon determination that a child is not eligible for AFDC-FC, as specified, and that the initiation of such payment shall not be dependent upon completion of any application. Further states that, to the extent that an application or related information is required, as specified, the county shall complete the application or supply necessary information on behalf of the relative caregiver.
Permits an approved relative caregiver to receive payments on behalf of a child, as specified, regardless of whether the child resides outside the county of jurisdiction pursuant to his or her placement. Further requires the county of jurisdiction to be responsible for providing the ARC payment to the relative caregiver.
Requires an infant supplement for a child, as specified, to be included in the provider rate when that child is living with a parent who receives ARC benefits.
States that an ARC program relative or CalWORKs relative may be designated as a whole family foster home.
States that, if aid is paid on behalf of a child whose parent or guardian is receiving reunification services, the county welfare department shall determine whether referral of the case to the local child support agency is in the best interest of the child, as specified.
Requires the county to screen every youth who is in foster care and who has been determined to be ineligible for AFDC-FC benefits for Supplemental Security Income (SSI) program eligibility, as specified. Further requires the county to submit an SSI application to the federal Social Security Administration (SSA) on behalf of a youth who is determined through screening to be likely eligible for benefits.
Stipulates that no continuous appropriation, as specified, shall be made from the General Fund to counties in order to implement this act.
EXISTING LAW:
Establishes AFDC-FC as aid provided on behalf of needy children in foster care, and specifies eligibility requirements. (Welfare and Institutions Code (WIC) Sections 11400 and 11402)
Requires the county welfare department, immediately following the placement of a child into the home of a relative or nonrelative extended family member, to evaluate and approve or deny the home for purposes of AFDC-FC eligibility, as specified. (WIC Sections 309(d)(2) and 361.45(b))
Establishes the ARC program as an optional program for counties for the purpose of making the amount paid to approved relative caregivers to care for non-federally-eligible children equal to the amount paid on behalf of children who are eligible. (WIC Section 11461.3)
FISCAL EFFECT:
According to the Assembly Appropriations Committee, this bill will result in:
Potentially major ongoing state costs (General Fund (GF)*) to immediately initiate applications and determine eligibility for AFDC-FC, CalWORKs, or ARC program benefits for foster children placed with relative caregivers.
Ongoing potentially significant increase in CalWORKs payments due to mandating eligibility for aid from the date of placement.
Potentially significant ongoing state costs for county welfare departments (CWDs) to provide an explanation of the eligibility requirements and benefit amounts of the programs to relative caregivers. Assuming 30 minutes of social worker time for 8,500 relative placements would cost about $325,000 (GF*).
Potentially significant ongoing state costs of about $235,000 (GF*) for CWDs to screen for SSI eligibility, assuming 30 minutes of social worker time. As existing law requires counties to screen for SSI for foster youth between the age of 16.5 and 17.5 years, no additional costs are assumed for this age group.
Potentially significant ongoing state costs of about $250,000 (GF*) to provide the infant supplement of $411 per month to an estimated 50 cases statewide.
*Pursuant to Proposition 30 (November 2012) any legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by realignment (including child welfare services and foster care) only apply to local agencies to the extent that the state provides annual funding for the cost increase.
COMMENTS:
Relative caregivers: When a child must be removed from his or her home, placement with a relative is often favored. Like other foster care providers, relative caregivers are eligible to receive certain benefits on behalf of children in order to provide for their support; however, eligibility rules can differ for relatives in comparison to nonrelatives.
For all caregivers, eligibility for federal AFDC-FC benefits is maintained at the 1996 level, meaning that the family from which a child was removed had to be earning an income under the maximum amount allowable to receive AFDC in 1996 at the time the child was removed. For a family of three, that maximum monthly amount is $723. Approximately 56% of foster youth are not eligible for federal benefits.
For nonrelative caregivers providing care for a child who does not meet federal income limits, there is a state-only AFDC-FC option available, with rates equal to those of the federal program. This option is not available to relative caregivers, however. Non-federally-eligible relative caregivers can instead apply for CalWORKs for the child, which offers a benefit significantly lower than that provided through the basic federal or state-funded foster care rate (e.g., the 2014 basic foster care rate for a 12-year-old is $800, while the CalWORKs maximum aid payment for that child is $369 in a high-cost county).
SB 855 (Budget and Fiscal Review Committee), Chapter 29, Statutes of 2014, established the Approved Relative Caregiver Funding Option (ARC) Program to use state funds to provide the basic foster care payment to foster children placed in the homes of relatives. The ARC program is optional for counties, and 35 counties have opted in thus far.
The ARC program does not provide certain components included in AFDC-FC foster care benefits. These included specialized care increments for youth with special needs and an infant supplement for parenting foster youth.
Need for this bill: According to the author, "Foster children are some of the most vulnerable in our state. It is vitally important that we do everything we can to help them succeed. This includes funding for caregivers, support services, and an expanded safety net for older children as they transition out of the foster care system. The ARC program is an important step forward in making sure that relative caregivers are given the same funding as nonrelatives, but not all counties have opted into the program. In counties that don't opt in, those children who do not qualify for federal foster care benefits are still eligible to receive CalWORKs but often their relative caregivers do not understand how to navigate the system in order to ensure the benefits these children are entitled to. [This bill] clarifies procedures and application requirements for counties that opt into the ARC program, as well requiring counties that do not opt into the program to screen foster children in relative placements to see if they qualify for CalWORKs funding."
Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089 FN: 0000792
AB 423
Page 3
Date of Hearing: May 13, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 423
(Cooley) – As Amended April 23, 2015
Policy Committee: |
Human Services |
Vote: |
7 - 0 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY: This bill requires counties to take certain steps to assist foster youth placed with relative caregivers in obtaining foster care benefits, and further expands eligibility for the receipt of an infant supplement. Specifically, this bill:
Requires counties, immediately upon placing a child who has been removed from his or her home into the home of a relative, to initiate an application for California Work Opportunity and Responsibility to Kids (CalWORKs) assistance on behalf of the child.
Requires county welfare departments, at the same time the CalWORKs application is initiated, to evaluate and approve or deny the relative’s home for purposes of Aid to Families with Dependent Children-Foster Care (AFDC-FC) eligibility.
Requires counties, in cases where a child is found to be ineligible for AFDC-FC, to initiate and complete an application and determine eligibility for the Approved Relative Caregiver Funding Option (ARC) Program, where applicable. States that ARC program payments shall begin immediately upon determination that a child is not eligible for AFDC-FC.
States that the application date for AFDC-FC, ARC, or CalWORKs benefits shall be the date the child was placed with the relative.
Requires a county social worker or eligibility worker to explain the eligibility requirements and benefit amounts for AFDC-FC, CalWORKs, and the ARC program to a relative who has requested placement of a child, and to explain any actions the relative could take to affect the child’s eligibility for those programs.
Entitles a teen parent who is detained or placed in the home of a relative caregiver to an infant supplement.
Requires the county to screen every youth who is in foster care and who has been determined to be ineligible for AFDC-FC benefits for Supplemental Security Income (SSI) program eligibility, and to submit an SSI application on behalf of a youth if potentially eligible.
FISCAL EFFECT:
Potentially major ongoing state costs (GF*) to immediately initiate applications and determine eligibility for AFDC-FC, CalWORKs, or ARC program benefits for foster children placed with relative caregivers.
Ongoing potentially significant increase in AFDC-FC, CalWORKs, and ARC payments due to mandating eligibility for aid from the date of placement. Every one additional month of aid for 8,500 relative placements could cost in the range of $2.9 million to $7.3 million (GF*) depending on whether the county has opted into the ARC program.
Potentially significant ongoing state costs for CWDs to provide an explanation of the eligibility requirements and benefit amounts of the programs to relative caregivers. Assuming 30 minutes of social worker time for 8,500 relative placements would cost about $325,000 (GF*).
Potentially significant ongoing state costs of about $235,000 (GF*) for CWDs to screen for SSI eligibility, assuming 30 minutes of social worker time. As existing law requires counties to screen for SSI for foster youth between the age of 16½ and 17½ years, no additional costs are assumed for this age group.
Potentially significant ongoing state costs of about $250,000 (GF*) to provide the infant supplement of $411 per month to an estimated 50 cases statewide.
*Pursuant to Proposition 30 (November 2012) any legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by realignment (including child welfare services and foster care) only apply to local agencies to the extent that the state provides annual funding for the cost increase.
COMMENTS:
Purpose. According to the author, “Foster children are some of the most vulnerable in our state. It is vitally important that we do everything we can to help them succeed. The ARC program is an important step forward in making sure that relative caregivers are given the same funding as nonrelatives, but not all counties have opted into the program. In counties that don't opt in, those children who do not qualify for federal foster care benefits are still eligible to receive CalWORKs, but often their relative caregivers do not understand how to navigate the system in order to ensure the benefits these children are entitled to. [This bill] clarifies procedures and application requirements for counties that opt into the ARC program, as well requiring counties that do not opt into the program to screen foster children in relative placements to see if they qualify for CalWORKs funding.”
Background: When a child is removed from his or her home, placement with a relative is often favored. Like other foster care providers, relative caregivers are eligible to receive certain benefits on behalf of children in order to provide for their support; however, eligibility rules differ for relatives in comparison to nonrelatives.
For nonrelative caregivers providing care for a child who does not meet federal income limits, there is a state-only AFDC-FC option available, with rates equal to those of the federal program. This option is not available to relative caregivers, however. Non-federally-eligible relative caregivers can instead apply for CalWORKs for the child, which offers a benefit significantly lower than that provided through the basic federal or state-funded foster care rate. The 2014 basic foster care rate for a 12-year-old is $800, while the CalWORKs maximum aid payment for that child is $369 in a high-cost county.
Established in 2014, the Approved Relative Caregiver Funding Option (ARC) Program uses state funds to provide the basic foster care payment to foster children placed in the homes of relatives. The ARC program is optional for counties, and 35 counties have opted in thus far.
The ARC program, however, does not provide certain components included in AFDC-FC foster care benefits, including an infant supplement for parenting foster youth.
Prior Legislation:
AB 1882 (Cooley), 2014, was similar to this bill. It was held on Senate Appropriations Committee’s Suspense File.
SB 855 (Committee on Budget and Fiscal Review), Chapter 29, Statutes of 2014, among other things, established the ARC program.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
AB 423
Page 5
Date of Hearing: April 28, 2015
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Chu, Chair
AB 423
(Cooley) – As Amended April 23, 2015
SUBJECT:
CalWORKs: relative caregivers
SUMMARY:
Requires counties to take certain steps to assist foster youth placed with relative caregivers in obtaining foster care benefits and further expands eligibility for the receipt of an infant supplement.
Specifically, this bill:
Requires counties, immediately upon placing a child who has been removed from his or her home into the home of a relative, to initiate an application for California Work Opportunity and Responsibility to Kids (CalWORKs) assistance on behalf of the child. Further specifies that, if a relative caregiver is also needy, he or she has the responsibility for applying for CalWORKs to cover his or her own needs.
Requires county welfare departments, at the same time the CalWORKs application is initiated, to evaluate and approve or deny the relative’s home for purposes of Aid to Families with Dependent Children-Foster Care (AFDC-FC) eligibility, as specified.
Requires counties, in cases where a child is found to be ineligible for AFDC-FC, to initiate and complete an application and determine eligibility for the Approved Relative Caregiver Funding Option (ARC) Program, where applicable, as specified.
Requires county welfare departments, upon determining that a child is ineligible for AFDC-FC benefits, to explain the specific basis for this determination.
States that the application date for AFDC-FC, ARC, or CalWORKs benefits shall be the date the child was placed with the relative.
Adds information on the ARC program to a list of information to be provided in a notice given to adult relatives of a removed child explaining the various options to participate in the care and placement of a child, as specified.
Requires a county social worker or eligibility worker to explain the eligibility requirements and benefit amounts for AFDC-FC, CalWORKs, and the ARC program to a relative who has requested placement of a child, as specified. Further requires the county to explain any actions the relative could take to affect the child’s eligibility for those programs.
Entitles a teen parent who is detained or placed in the home of a relative caregiver, as specified, to an infant supplement, as defined.
States legislative intent to ensure that children placed with relatives are able to access state funding in an equal amount and in a similar manner to children in other types of foster care placements.
States that receipt of ARC program payments shall begin immediately upon determination that a child is not eligible for AFDC-FC, as specified, and that the initiation of such payment shall not be dependent upon completion of any application. Further states that, to the extent that an application or related information is required, as specified, the county shall complete the application or supply necessary information on behalf of the relative caregiver.
Permits an approved relative caregiver to receive payments on behalf of a child, as specified, regardless of whether the child resides outside the county of jurisdiction pursuant to his or her placement. Further requires the county of jurisdiction to be responsible for providing the ARC payment to the relative caregiver.
Requires an infant supplement for a child, as specified, to be included in the provider rate when that child is living with a parent who receives ARC benefits.
States that an ARC program relative or CalWORKs relative may be designated as a whole family foster home.
States that, if aid is paid on behalf of a child whose parent or guardian is receiving reunification services, the county welfare department shall determine whether referral of the case to the local child support agency is in the best interest of the child, as specified.
Requires the county to screen every youth who is in foster care and who has been determined to be ineligible for AFDC-FC benefits for Supplemental Security Income (SSI) program eligibility, as specified. Further requires the county to submit an SSI application to the federal Social Security Administration (SSA) on behalf of a youth who is determined through screening to be likely eligible for benefits.
Stipulates that no continuous appropriation, as specified, shall be made from the General Fund to counties in order to implement this act.
EXISTING LAW:
States that the purpose of foster care law is to provide maximum safety and protection for children who are being physically, sexually or emotionally abused, neglected, or exploited and to ensure the safety, protection, and physical and emotional well-being of children at risk of such harm. (WIC 300.2)
Declares the intent of the Legislature to, whenever possible: preserve and strengthen a child’s family ties, reunify a foster child with his or her relatives, or when family reunification is not possible or likely, to develop a permanent alternative. Further states the intent of the Legislature to reaffirm its commitment to children who are in out-of-home placement to live in the least restrictive, most family-like setting and as close to the child’s family as possible, as specified. (WIC 16000)
Requires out-of-home placement of a child in foster care to be based upon selection of a safe setting that is the least restrictive or most family-like and the most appropriate setting available and in close proximity to the parent’s home, the child’s school, and best suited to meet the child’s special needs and best interests. Further requires the selection of placement to consider, in order of priority, placement with relatives, nonrelated extended family members, tribal members, and foster family homes, certified homes of foster family agencies, intensive treatment or multidimensional treatment foster care homes, group care placements, such as group homes and community treatment facilities, and residential treatment, as specified. (WIC 16501.1(c)(1))
Establishes AFDC-FC as aid provided on behalf of needy children in foster care, and specifies eligibility requirements. (WIC 11400 and 11402)
Requires the county welfare department, immediately following the placement of a child into the home of a relative or nonrelative extended family member, to evaluate and approve or deny the home for purposes of AFDC-FC eligibility, as specified. (WIC 309(d)(2) and 361.45(b))
Establishes the ARC program as an optional program for counties for the purpose of making the amount paid to approved relative caregivers to care for non-federally-eligible children equal to the amount paid on behalf of children who are eligible. (WIC 11461.3)
Establishes in federal law the Temporary Assistance for Needy Families (TANF) program, which provides block grants to states to develop and implement their own state welfare-to-work programs designed to provide cash assistance and other supports and services to low-income families. (42 USC § 601 et seq.)
Establishes the state’s TANF program, the California Work Opportunity and Responsibility to Kids (CalWORKs) program, which provides cash assistance and other supports and services to low-income families and is administered by the counties. (WIC 11200 et seq.)
Establishes the State Supplementary Program for Aged, Blind and Disabled, which is intended to supplement SSI and provide persons whose need results from age, blindness or disability with assistance and services that help them meet basic needs and maintain or increase independence. (WIC 12000 et seq.)
Provides that eligibility requirements for SSP match federal SSI criteria, and requires a minimum level of SSP benefits to be provided in order to maintain federal Medicaid funding, as specified. (WIC 12000 et seq.)
Defines “whole family foster home” to mean a new or existing family home 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 parenting foster youth in the development of the skills necessary to provide a safe, stable, and permanent home for his or her child, as specified. (WIC 11400)
Requires the AFDC-FC or Kinship Guardianship Assistance Payment (Kin-GAP) Program rate paid to a provider on behalf of a youth who has a child living with him or her to include an amount for care and supervision of that youth’s child. (WIC 11465(a))
Establishes guidelines for child support payment collection for CalWORKs participants and sanctions for failure to comply with reporting requirements, as specified. (WIC 11477.02)
FISCAL EFFECT:
Unknown
COMMENTS:
Relative caregivers: When a child must be removed from his or her home, placement with a relative is often favored. Like other foster care providers, relative caregivers are eligible to receive certain benefits on behalf of children in order to provide for their support; however, eligibility rules can differ for relatives in comparison to nonrelatives.
For all caregivers, eligibility for federal AFDC-FC benefits is maintained at the 1996 level, meaning that the family from which a child was removed had to be earning an income under the maximum amount allowable to receive AFDC in 1996 at the time the child was removed. For a family of three, that maximum monthly amount is $723. Approximately 56% of foster youth are not eligible for federal benefits.
For nonrelative caregivers providing care for a child who does not meet federal income limits, there is a state-only AFDC-FC option available, with rates equal to those of the federal program. This option is not available to relative caregivers, however. Non-federally-eligible relative caregivers can instead apply for CalWORKs for the child, which offers a benefit significantly lower than that provided through the basic federal or state-funded foster care rate (e.g., the 2014 basic foster care rate for a 12-year-old is $800, while the CalWORKs maximum aid payment for that child is $369 in a high-cost county).
SB 855 (Committee on Budget and Fiscal Review), Chapter 29, Statutes of 2014, established the Approved Relative Caregiver Funding Option (ARC) Program to use state funds to provide the basic foster care payment to foster children placed in the homes of relatives. The ARC program is optional for counties, and 35 counties have opted in thus far.
The ARC program does not provide certain components included in AFDC-FC foster care benefits. These included specialized care increments for youth with special needs and an infant supplement for parenting foster youth.
Need for this bill: According to the author, “Foster children are some of the most vulnerable in our state. It is vitally important that we do everything we can to help them succeed. This includes funding for caregivers, support services, and an expanded safety net for older children as they transition out of the foster care system. The ARC program is an important step forward in making sure that relative caregivers are given the same funding as nonrelatives, but not all counties have opted into the program. In counties that don't opt in, those children who do not qualify for federal foster care benefits are still eligible to receive CalWORKs but often their relative caregivers do not understand how to navigate the system in order to ensure the benefits these children are entitled to. [This bill] clarifies procedures and application requirements for counties that opt into the ARC program, as well requiring counties that do not opt into the program to screen foster children in relative placements to see if they qualify for CalWORKs funding.”
PRIOR LEGISLATION:
AB 1882 (Cooley), 2014, was similar to this bill. It died in the Senate Appropriations Committee.
SB 855 (Committee on Budget and Fiscal Review), Chapter 29, Statutes of 2014, among other things, established the ARC program.
REGISTERED SUPPORT / OPPOSITION:
Support
California Communities United Institute
Children Now
California Youth Connection (CYC)
Opposition
None on file.
Analysis Prepared by:
Daphne Hunt / HUM. S. / (916) 319-2089
Discussed in Hearing
1MIN
Senate Standing Committee on Appropriations
1MIN
Senate Standing Committee on Appropriations
57SEC
Assembly Floor
Bill Author
Bill Co-Author(s):