AB 2337: Nonminor dependents.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-09-19
Existing law authorizes a nonminor who has not attained 21 years of age to petition the court in which he or she was previously found to be a dependent or delinquent child of the juvenile court for a hearing to determine whether the court may assume dependency jurisdiction over the nonminor, if he or she meets certain descriptions, including, among others, if he or she is a nonminor former dependent who received Kinship Guardianship Assistance Payment (Kin-GAP) Program aid or Aid to Families with Dependent Children-Foster Care (AFDC-FC) benefits after attaining 18 years of age, and his or her guardians or former guardians died, as specified, or no longer provide ongoing support to, and no longer receive benefits on behalf of, the nonminor, as specified.
This bill would revise those descriptions to instead require the nonminor former dependent to have received or, but for the receipt of Supplemental Security Income benefits or other aid from the federal Social Security Administration, would have received Kin-GAP aid or AFDC-FC benefits, and would make a conforming change. By expanding the dependency jurisdiction of the juvenile court and thereby imposing additional duties on counties, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law authorizes a nonminor who has not attained 21 years of age to petition the court in which he or she was previously found to be a dependent or delinquent child of the juvenile court for a hearing to determine whether the court may assume dependency jurisdiction over the nonminor, if he or she meets certain descriptions, including, among others, if he or she is a nonminor former dependent who received Kinship Guardianship Assistance Payment (Kin-GAP) Program aid or Aid to Families with Dependent Children-Foster Care (AFDC-FC) benefits after attaining 18 years of age, and his or her guardians or former guardians died, as specified, or no longer provide ongoing support to, and no longer receive benefits on behalf of, the nonminor, as specified.
This bill would revise those descriptions to instead require the nonminor former dependent to have received or, but for the receipt of Supplemental Security Income benefits or other aid from the federal Social Security Administration, would have received Kin-GAP aid or AFDC-FC benefits, and would make a conforming change. By expanding the dependency jurisdiction of the juvenile court and thereby imposing additional duties on counties, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law authorizes a nonminor who has not attained 21 years of age to petition the court in which he or she was previously found to be a dependent or delinquent child of the juvenile court for a hearing to determine whether the court may assume dependency jurisdiction over the nonminor, if he or she meets certain descriptions, including, among others, if he or she is a nonminor former dependent who received Kinship Guardianship Assistance Payment (Kin-GAP) Program aid or Aid to Families with Dependent Children-Foster Care (AFDC-FC) benefits after attaining 18 years of age, and his or her guardians or former guardians died, as specified, or no longer provide ongoing support to, and no longer receive benefits on behalf of, the nonminor, as specified.
This bill would revise those descriptions to instead require the nonminor former dependent to have received or, but for the receipt of Supplemental Security Income benefits or other aid from the federal Social Security Administration, would have received Kin-GAP aid or AFDC-FC benefits, and would make a conforming change. By expanding the dependency jurisdiction of the juvenile court and thereby imposing additional duties on counties, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law authorizes the juvenile court to retain jurisdiction over any person who is found to be a ward or a dependent child of the juvenile court until the ward or dependent child attains 21 years of age. Existing law also authorizes a nonminor who has not yet attained 21 years of age and who exited foster care at or after the age of majority, to petition the court to resume dependency jurisdiction or to assume transition jurisdiction, as described.This bill would authorize a nonminor who was under the dependency, delinquency, or transition jurisdiction of the court, who has not yet attained 21 years of age, and who exited foster care at or after the age of majority, to petition the court to resume dependency jurisdiction and would delete the alternative provision authorizing the nonminor to petition the court to assume transition jurisdiction. The bill would provide that a court is not precluded from finding that a person is within the description of a dependent child on the sole basis that the person will turn 18 years of age prior to disposition of the petition. If the court finds that a child is a person who comes within the description of a dependent child, and the child turns 18 years of age prior to the dispositional proceeding, the bill would require the court to conduct the dispositional proceeding to determine, among other things, whether it is in the nonminors best interest to remain in foster care. The bill would make related changes, including requiring a social worker, at least 2 calendar days before the hearing, to file a report with the court describing the current need for court supervision and intervention. The bill would require the court, if it makes specified findings, to declare the person a nonminor dependent and order, among other things, that placement and care are the responsibility of the county child welfare agency.Existing law establishes various other procedures for the juvenile court to resume jurisdiction over a nonminor former dependent, including a petition to the court or a voluntary reentry agreement between a former nonminor dependent, who has had juvenile court jurisdiction terminated, as specified, and the county welfare or probation department or tribal placing entity, as applicable. Existing law governs the criteria that a nonminor former dependent must satisfy to file the petition and for the court to order a hearing, including that the person received specified public assistance benefits and that his or her guardians or adoptive parents no longer receive benefits on the nonminors behalf. Existing law also requires the court to give prior notice, or to cause prior notice to be given, to the nonminor, the appropriate child welfare agency or probation department, and any other person requested by the nonminor.This bill would expand the eligibility criteria for filing the petition and ordering a hearing, by no longer requiring the nonminor to have received the public assistance benefits, but making the nonminor eligible to file a petition if he or she was eligible to receive the public assistance benefits, and by eliminating the requirement that the nonminors guardians or adoptive parents, as applicable, no longer receive benefits on his or her behalf. The bill would also require the court to give notice at least 3 days prior to the hearing and to give notice to the nonminors adoptive parents or guardians. The bill would additionally authorize a nonminor to enter into a voluntary reentry agreement if the nonminors adoptive parents or guardians have either died or are no longer providing ongoing support and are no longer receiving payments on behalf of the nonminor.By imposing additional duties on county employees, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law authorizes the juvenile court to retain jurisdiction over any person who is found to be a ward or a dependent child of the juvenile court until the ward or dependent child attains 21 years of age. Existing law also authorizes a nonminor who has not yet attained 21 years of age and who exited foster care at or after the age of majority, to petition the court to resume dependency jurisdiction or to assume transition jurisdiction, as described.
This bill would authorize a nonminor who was under the dependency, delinquency, or transition jurisdiction of the court, who has not yet attained 21 years of age, and who exited foster care at or after the age of majority, to petition the court to resume dependency jurisdiction and would delete the alternative provision authorizing the nonminor to petition the court to assume transition jurisdiction. The bill would provide that a court is not precluded from finding that a person is within the description of a dependent child on the sole basis that the person has turned will turn 18 years of age prior to adjudication and disposition of the petition, if the court makes specified findings. petition. If the court finds that a nonminor child is a person who comes within the description of a dependent child, and the child turns 18 years of age prior to the dispositional proceeding, the bill would require the court to conduct a hearing, within 10 court days, the dispositional proceeding to determine, among other things, whether it is in the nonminors best interest to remain in foster care. The bill would make related changes, including requiring a social worker, at least 2 calendar days before the hearing, to file a report with the court describing the current need for court supervision and intervention. The bill would require the court, if it makes specified findings, to declare the person a nonminor dependent and order, among other things, that placement and care are the responsibility of the county child welfare agency.
Existing law establishes various other procedures for the juvenile court to resume jurisdiction over a nonminor former dependent, including a petition to the court or a voluntary reentry agreement between a former nonminor dependent, who has had juvenile court jurisdiction terminated, as specified, and the county welfare or probation department or tribal placing entity, as applicable. Existing law governs the criteria that a nonminor former dependent must satisfy to file the petition and for the court to order a hearing, including that the person received specified public assistance benefits and that his or her guardians or adoptive parents no longer receive benefits on the nonminors behalf. Existing law also requires the court to give prior notice, or to cause prior notice to be given, to the nonminor, the appropriate child welfare agency or probation department, and any other person requested by the nonminor.
This bill would expand the eligibility criteria for filing the petition and ordering a hearing, by no longer requiring the nonminor to have received the public assistance benefits, but making the nonminor eligible to file a petition if he or she was eligible to receive the public assistance benefits, and by eliminating the requirement that the nonminors guardians or adoptive parents, as applicable, no longer receive benefits on his or her behalf. The bill would also require the court to give notice at least 3 days prior to the hearing and to give notice to the nonminors adoptive parents or guardians. The bill would additionally authorize a nonminor to enter into a voluntary reentry agreement if the nonminors adoptive parents or guardians have either died or are no longer providing ongoing support and are no longer receiving payments on behalf of the nonminor.
By imposing additional duties on county employees, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law authorizes the juvenile court to retain jurisdiction over any person who is found to be a ward or a dependent child of the juvenile court until the ward or dependent child attains 21 years of age. Existing law also authorizes a nonminor who has not yet attained 21 years of age and who exited foster care at or after the age of majority, to petition the court to resume dependency jurisdiction or to assume transition jurisdiction, as described.
This bill would authorize a nonminor who was under the dependency, delinquency, or transition jurisdiction of the court, who has not yet attained 21 years of age, and who exited foster care at or after the age of majority, to petition the court to resume dependency jurisdiction and would delete the alternative provision authorizing the nonminor to petition the court to assume transition jurisdiction. The bill would provide that a court is not precluded from finding that a person is within the description of a dependent child on the sole basis that the person has turned 18 years of age prior to adjudication and disposition of the petition, if the court makes specified findings. If the court finds that a nonminor is a person who comes within the description of a dependent child, the bill would require the court to conduct a hearing, within 10 court days, to determine, among other things, whether it is in the nonminors best interest to remain in foster care. The bill would make related changes, including requiring a social worker, at least 2 calendar days before the hearing, to file a report with the court describing the current need for court supervision and intervention. The bill would require the court, if it makes specified findings, to declare the person a nonminor dependent and order, among other things, that placement and care are the responsibility of the county child welfare agency.
Existing law establishes various other procedures for the juvenile court to resume jurisdiction over a nonminor former dependent, including a petition to the court or a voluntary reentry agreement between a former nonminor dependent, who has had juvenile court jurisdiction terminated, as specified, and the county welfare or probation department or tribal placing entity, as applicable. Existing law governs the criteria that a nonminor former dependent must satisfy to file the petition and for the court to order a hearing, including that the person received specified public assistance benefits and that his or her guardians or adoptive parents no longer receive benefits on the nonminors behalf. Existing law also requires the court to give prior notice, or to cause prior notice to be given, to the nonminor, the appropriate child welfare agency or probation department, and any other person requested by the nonminor.
This bill would expand the eligibility criteria for filing the petition and ordering a hearing, by no longer requiring the nonminor to have received the public assistance benefits, but making the nonminor eligible to file a petition if he or she was eligible to receive the public assistance benefits, and by eliminating the requirement that the nonminors guardians or adoptive parents, as applicable, no longer receive benefits on his or her behalf. The bill would also require the court to give notice at least 3 days prior to the hearing and to give notice to the nonminors adoptive parents or guardians. The bill would additionally authorize a nonminor to enter into a voluntary reentry agreement if the nonminors adoptive parents or guardians have either died or are no longer providing ongoing support and are no longer receiving payments on behalf of the nonminor.
By imposing additional duties on county employees, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(a)A nonminor who has not attained 21 years of age may petition the court in which he or she was previously found to be a dependent or delinquent child of the juvenile court for a hearing to determine whether to assume dependency jurisdiction over the nonminor, if he or she meets any of the following descriptions:
(1)He or she is a nonminor former dependent, as defined in subdivision (aa) of Section 11400, who received or, but for the receipt of Supplemental Security Income benefits or other aid from the federal Social Security Administration, would have received aid after attaining 18 years of age under Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, or AFDC-FC pursuant to subdivision (e) of Section 11405, and whose former guardian or guardians died after the nonminor attained 18 years of age, but before he or she attains 21 years of age.
(2)He or she is a nonminor former dependent, as defined in subdivision (aa) of Section 11400, who received or, but for the receipt of Supplemental Security Income benefits or other aid from the federal Social Security Administration, would have received aid after attaining 18 years of age under Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, or AFDC-FC pursuant to subdivision (e) of Section 11405, and whose former guardian or guardians no longer provide ongoing support to, and no longer receive aid on behalf of, the nonminor after the nonminor attained 18 years of age, but before he or she attains 21 years of age.
(3)He or she is a nonminor who received adoption assistance payments after attaining 18 years of age pursuant to Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9 and his or her adoptive parent or parents died after the nonminor attained 18 years of age, but before he or she attains 21 years of age.
(4)He or she is a nonminor who received adoption assistance payments after attaining 18 years of age pursuant to Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9 and his or her adoptive parent or parents no longer provide ongoing support to, and no longer receive benefits on behalf of, the nonminor after the nonminor attained 18 years of age, but before he or she attains 21 years of age.
(b)(1)The petition to assume jurisdiction may be filed in either of the following:
(A)The juvenile court that established the guardianship pursuant to Section 360, Section 366.26, or subdivision (d) of Section 728.
(B)The juvenile court that had jurisdiction over the minor or nonminor dependent when his or her adoption was finalized.
(2)A nonminor described in subdivision (a) may submit a petition to assume dependency jurisdiction to the juvenile court in the county where he or she resides. A petition submitted pursuant to this paragraph shall, within five days of submission, be forwarded to the court that had jurisdiction over the child at the time of the guardianship or adoption. The clerk of the court that had jurisdiction over the child at the time of the guardianship or adoption shall file the petition within one judicial day of receipt.
(c)(1)The juvenile court in which the petition was filed shall order a hearing to be held within 15 judicial days of the date the petition was filed if there is a prima facie showing that the nonminor satisfies all of the following criteria:
(A)He or she was a minor under juvenile court jurisdiction at the time of the establishment of a guardianship pursuant to Section 360, Section 366.26, or subdivision (d) of Section 728, or he or she was a minor or nonminor dependent when his or her adoption was finalized.
(B)(i)His or her guardian or guardians, or adoptive parent or parents, as applicable, died after the nonminor attained 18 years of age, but before he or she attained 21 years of age.
(ii)His or her guardian or guardians, or adoptive parent or parents, as applicable, no longer provide ongoing support to, and no longer receive payment on behalf of, the nonminor after the nonminor attained 18 years of age, but before he or she attained 21 years of age, and it may be in the nonminors best interest for the court to assume dependency jurisdiction.
(C)He or she intends to satisfy at least one of the conditions set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403.
(D)He or she is requesting assistance in maintaining or securing appropriate supervised placement, or needs immediate placement and agrees to supervised placement pursuant to the voluntary reentry agreement described in subdivision (z) of Section 11400.
(2)Upon ordering a hearing, the court shall give prior notice, or cause prior notice to be given, to the nonminor, the appropriate child welfare agency or probation department, and any other person requested by the nonminor in the petition.
(3)Pursuant to applicable rules of court, the juvenile court shall allow for telephonic appearances by the nonminor in these proceedings and in any proceeding in which the nonminor dependent is a party.
(4)Prior to the hearing, the court shall order the county child welfare or probation department to prepare a report for the court that addresses both of the following:
(A)The nonminors plans to satisfy at least one of the criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403.
(B)The appropriate placement setting for the nonminor. When the recommendation is for the nonminor to be placed in a setting where minor dependents also reside, the results of a background check of the petitioning nonminor conducted pursuant to Section 16504.5 may be used by the placing agency to determine appropriate placement options for him or her.
(5)The court shall assume dependency jurisdiction over a former dependent or ward, and order his or her placement and care be under the responsibility of the county child welfare services department, the probation department, tribe, consortium of tribes, or tribal organization, if the court finds all of the following:
(A)The nonminor was a minor under juvenile court jurisdiction at the time of the establishment of a guardianship pursuant to Section 360, Section 366.26, or subdivision (d) of Section 728, or he or she was a dependent at the time his or her adoption was finalized.
(B)The nonminors guardian or guardians, or adoptive parent or parents, as applicable, have died, or no longer provide ongoing support to, and no longer receive payment on behalf of, the nonminor, and it is in the nonminors best interests for the court to assume dependency jurisdiction.
(C)The nonminor has not attained 21 years of age.
(D)Reentry and remaining in foster care are in the nonminors best interests.
(E)The nonminor intends to satisfy, and agrees to satisfy, at least one of the criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, and demonstrates his or her agreement to placement in a supervised setting under the placement and care responsibility of the placing agency by signing the voluntary reentry agreement described in subdivision (z) of Section 11400.
(6)The existence of a criminal conviction is not a bar to eligibility for reentry to foster care or assumption of dependency jurisdiction over a nonminor.
(7)The court shall not grant a continuance that would cause the hearing to be completed more than 120 days after the date the petition is filed.
(d)The agency made responsible for the nonminors placement and care pursuant to paragraph (5) of subdivision (c) shall prepare a new transitional independent living case plan within 60 calendar days of the date the nonminor signs the voluntary reentry agreement and shall submit the plan to the court for the review hearing specified in Section 366.31, to be held within 70 days of the assumption of dependency jurisdiction. The review hearing under Section 366.31 shall not be held more than 170 calendar days from the date the nonminor signs the voluntary reentry agreement.
(e)(1) A nonminor described in subdivision (a) may enter into a voluntary reentry agreement as defined in subdivision (z) of Section 11400 in order to establish eligibility for foster care benefits under subdivision (e) of Section 11401 before or after filing a petition to assume dependency jurisdiction. If the nonminor enters into a voluntary reentry agreement prior to filing the petition, the nonminor is entitled to placement and supervision pending the courts assumption of jurisdiction.
(2)If the nonminor completes a voluntary reentry agreement with a placing agency, the placing agency shall file the petition to assume dependency jurisdiction on behalf of the nonminor within 15 judicial days of the date the agreement is signed, unless the nonminor elects to file the petition at an earlier date.
SEC. 2.Section 11403 of the Welfare and Institutions Code is amended to read:11403.(a)It is the intent of the Legislature to exercise the option afforded states under Section 475(8) (42 U.S.C. Sec. 675(8)), and Section 473(a)(4) (42 U.S.C. Sec. 673(a)(4)) of the federal Social Security Act, as contained in the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351), to receive federal financial participation for nonminor dependents of the juvenile court who satisfy the conditions of subdivision (b), consistent with their transitional independent living case plan. Nonminor dependents are eligible to receive support until they reach 21 years of age, consistent with their transitional independent living case plan and as described in Section 10103.5. It is the intent of the Legislature both at the time of initial determination of the nonminor dependents eligibility and throughout the time the nonminor dependent is eligible for aid pursuant to this section, that the social worker or probation officer or Indian tribal placing entity and the nonminor dependent shall work together to ensure the nonminor dependents ongoing eligibility. All case planning shall be a collaborative effort between the nonminor dependent and the social worker, probation officer, or Indian tribe, with the nonminor dependent assuming increasing levels of responsibility and independence.
(b)A nonminor dependent receiving aid pursuant to this chapter, who satisfies the age criteria set forth in subdivision (a), shall meet the legal authority for placement and care by being under a foster care placement order by the juvenile court, or the voluntary reentry agreement as set forth in subdivision (z) of Section 11400, and is otherwise eligible for AFDC-FC payments pursuant to Section 11401. A nonminor who satisfies the age criteria set forth in subdivision (a), and who is otherwise eligible, shall continue to receive CalWORKs payments pursuant to Section 11253, Approved Relative Caregiver Funding Program benefits pursuant to Section 11461.3, or, as a nonminor former dependent or ward, aid pursuant to Kin-GAP under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) or adoption assistance payments as specified in Chapter 2.1 (commencing with Section 16115) of Part 4. A nonminor former dependent child or ward of the juvenile court who is receiving AFDC-FC benefits pursuant to Section 11405 and who satisfies the criteria set forth in subdivision (a) is eligible to continue to receive aid as long as the nonminor is otherwise eligible for AFDC-FC benefits under this subdivision. This subdivision applies when one or more of the following conditions exist:
(1)The nonminor is completing secondary education or a program leading to an equivalent credential.
(2)The nonminor is enrolled in an institution which provides postsecondary or vocational education.
(3)The nonminor is participating in a program or activity designed to promote, or remove barriers to employment.
(4)The nonminor is employed for at least 80 hours per month.
(5)The nonminor is incapable of doing any of the activities described in paragraphs (1) to (4), inclusive, due to a medical condition, and that incapability is supported by regularly updated information in the case plan of the nonminor. The requirement to update the case plan under this section shall not apply to nonminor former dependents or wards in receipt of Kin-GAP program or Adoption Assistance Program payments.
(c)The county child welfare or probation department, Indian tribe, consortium of tribes, or tribal organization that has entered into an agreement pursuant to Section 10553.1, shall work together with a nonminor dependent who is in foster care on his or her 18th birthday and thereafter or a nonminor former dependent receiving aid pursuant to Section 11405, to satisfy one or more of the conditions described in paragraphs (1) to (5), inclusive, of subdivision (b) and shall certify the nonminors applicable condition or conditions in the nonminors six-month transitional independent living case plan update, and provide the certification to the eligibility worker and to the court at each six-month case plan review hearing for the nonminor dependent. Relative guardians who receive Kin-GAP payments and adoptive parents who receive adoption assistance payments shall be responsible for reporting to the county welfare agency that the nonminor does not satisfy at least one of the conditions described in subdivision (b). The social worker, probation officer, or tribal entity shall verify and obtain assurances that the nonminor dependent continues to satisfy at least one of the conditions in paragraphs (1) to (5), inclusive, of subdivision (b) at each six-month transitional independent living case plan update. The six-month case plan update shall certify the nonminors eligibility pursuant to subdivision (b) for the next six-month period. During the six-month certification period, the payee and nonminor shall report any change in placement or other relevant changes in circumstances that may affect payment. The nonminor dependent, or nonminor former dependent receiving aid pursuant to subdivision (e) of Section 11405, shall be informed of all due process requirements, in accordance with state and federal law, prior to an involuntary termination of aid, and shall simultaneously be provided with a written explanation of how to exercise his or her due process rights and obtain referrals to legal assistance. Any notices of action regarding eligibility shall be sent to the nonminor dependent or former dependent, his or her counsel, as applicable, and the placing worker, in addition to any other payee. Payments of aid pursuant to Kin-GAP under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), adoption assistance payments as specified in Chapter 2.1 (commencing with Section 16115) of Part 4, or aid pursuant to subdivision (e) of Section 11405 that are made on behalf of a nonminor former dependent shall terminate subject to the terms of the agreements. Subject to federal approval of amendments to the state plan, aid payments may be suspended and resumed based on changes of circumstances that affect eligibility. Nonminor former dependents, as identified in paragraph (2) of subdivision (aa) of Section 11400, are not eligible for reentry under subdivision (e) of Section 388 as nonminor dependents under the jurisdiction of the juvenile court, but may be eligible for reentry pursuant to Section 388.1 if (1) the nonminor former dependent was receiving or, but for the receipt of Supplemental Security Income benefits or other aid from the federal Social Security Administration, would have received aid under either Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) or AFDC-FC pursuant to subdivision (e) of Section 11405, or the nonminor was receiving adoption assistance payments, as specified in Chapter 2.1 (commencing with Section 16115) of Part 3, and (2) the nonminors former guardian or adoptive parent dies, or no longer provides ongoing support to, and no longer receives benefits on behalf of, the nonminor after the nonminor turns 18 years of age but before the nonminor turns 21 years of age. Nonminor former dependents requesting the resumption of AFDC-FC payments pursuant to subdivision (e) of Section 11405 shall complete the applicable portions of the voluntary reentry agreement, as described in subdivision (z) of Section 11400.
(d)A nonminor dependent may receive all of the payment directly provided that the nonminor is living independently in a supervised placement, as described in subdivision (w) of Section 11400, and that both the youth and the agency responsible for the foster care placement have signed a mutual agreement, as defined in subdivision (u) of Section 11400, if the youth is capable of making an informed agreement, that documents the continued need for supervised out-of-home placement, and the nonminors and social workers or probation officers agreement to work together to facilitate implementation of the mutually developed supervised placement agreement and transitional independent living case plan.
(e)Eligibility for aid under this section shall not terminate until the nonminor dependent attains the age criteria, as set forth in subdivision (a), but aid may be suspended when the nonminor dependent no longer resides in an eligible facility, as described in Section 11402, or is otherwise not eligible for AFDC-FC benefits under Section 11401, or terminated at the request of the nonminor, or after a court terminates dependency jurisdiction pursuant to Section 391, delinquency jurisdiction pursuant to Section 607.2, or transition jurisdiction pursuant to Section 452. AFDC-FC benefits to nonminor dependents may be resumed at the request of the nonminor by completing a voluntary reentry agreement pursuant to subdivision (z) of Section 11400, before or after the filing of a petition filed pursuant to subdivision (e) of Section 388 after a court terminates dependency or transitional jurisdiction pursuant to Section 391 or delinquency jurisdiction pursuant to Section 607.2. The county welfare or probation department or Indian tribal entity that has entered into an agreement pursuant to Section 10553.1 shall complete the voluntary reentry agreement with the nonminor who agrees to satisfy the criteria of the agreement, as described in subdivision (z) of Section 11400. The county welfare department or tribal entity shall establish a new child-only Title IV-E eligibility determination based on the nonminors completion of the voluntary reentry agreement pursuant to Section 11401. The beginning date of aid for either federal or state AFDC-FC for a reentering nonminor who is placed in foster care is the date the voluntary reentry agreement is signed or the nonminor is placed, whichever is later. The county welfare department, county probation department, or tribal entity shall provide a nonminor dependent who wishes to continue receiving aid with the assistance necessary to meet and maintain eligibility.
(f)(1)The county having jurisdiction of the nonminor dependent shall remain the county of payment under this section regardless of the youths physical residence. Nonminor former dependents receiving aid pursuant to subdivision (e) of Section 11405 shall be paid by their county of residence. Counties may develop courtesy supervision agreements to provide case management and independent living services by the county of residence pursuant to the nonminor dependents transitional independent living case plan. Placements made out of state are subject to the applicable requirements of the Interstate Compact on Placement of Children, pursuant to Part 5 (commencing with Section 7900) of Division 12 of the Family Code.
(2)The county welfare department, county probation department, or tribal entity shall notify all foster youth who attain 16 years of age and are under the jurisdiction of that county or tribe, including those receiving Kin-GAP, and AAP, of the existence of the aid prescribed by this section.
(3)The department shall seek any waiver to amend its Title IV-E State Plan with the Secretary of the United States Department of Health and Human Services necessary to implement this section.
(g)(1)Subject to paragraph (3), a county shall pay the nonfederal share of the cost of extending aid pursuant to this section to eligible nonminor dependents who have reached 18 years of age and who are under the jurisdiction of the county, including AFDC-FC payments pursuant to Section 11401, aid pursuant to Kin-GAP under Article 4.7 (commencing with Section 11385), adoption assistance payments as specified in Chapter 2.1 (commencing with Section 16115) of Part 4, and aid pursuant to Section 11405 for nonminor dependents who are residing in the county as provided in paragraph (1) of subdivision (f). A county shall contribute to the CalWORKs payments pursuant to Section 11253 and aid pursuant to Kin-GAP under Article 4.5 (commencing with Section 11360) at the statutory sharing ratios in effect on January 1, 2012.
(2)Subject to paragraph (3), a county shall pay the nonfederal share of the cost of providing permanent placement services pursuant to subdivision (c) of Section 16508 and administering the Aid to Families with Dependent Children Foster Care program pursuant to Section 15204.9. For purposes of budgeting, the department shall use a standard for the permanent placement services that is equal to the midpoint between the budgeting standards for family maintenance services and family reunification services.
(3)(A)(i)Notwithstanding any other law, a countys required total contribution pursuant to paragraphs (1) and (2), excluding costs incurred pursuant to Section 10103.5, shall not exceed the amount of savings in Kin-GAP assistance grant expenditures realized by the county from the receipt of federal funds due to the implementation of Article 4.7 (commencing with Section 11385), and the amount of funding specifically included in the Protective Services Subaccount within the Support Services Account within the Local Revenue Fund 2011, plus any associated growth funding from the Support Services Growth Subaccount within the Sales and Use Tax Growth Account to pay the costs of extending aid pursuant to this section.
(ii)A county, at its own discretion, may expend additional funds beyond the amounts identified in clause (i). These additional amounts shall not be included in any cost and savings calculations or comparisons performed pursuant to this section.
(B)Beginning in the 201112 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code. In addition, the following are available to the counties for the purpose of funding costs pursuant to this section:
(i)The savings in Kin-GAP assistance grant expenditures realized from the receipt of federal funds due to the implementation of Article 4.7 (commencing with Section 11385).
(ii)The savings realized from the change in federal funding for adoption assistance resulting from the enactment of Public Law 110-351 and consistent with subdivision (d) of Section 16118.
(4)(A)The limit on the countys total contribution pursuant to paragraph (3) shall be assessed by the State Department of Social Services, in conjunction with the California State Association of Counties, in 201516, to determine if it shall be removed. The assessment of the need for the limit shall be based on a determination on a statewide basis of whether the actual county costs of providing extended care pursuant to this section, excluding costs incurred pursuant to Section 10103.5, are fully funded by the amount of savings in Kin-GAP assistance grant expenditures realized by the counties from the receipt of federal funds due to the implementation of Article 4.7 (commencing with Section 11385) and the amount of funding specifically included in the Protective Services Subaccount within the Support Services Account within the Local Revenue Fund 2011 plus any associated growth funding from the Support Services Growth Subaccount within the Sales and Use Tax Growth Account to pay the costs of extending aid pursuant to this section.
(B)If the assessment pursuant to subparagraph (A) shows that the statewide total costs of extending aid pursuant to this section, excluding costs incurred pursuant to Section 10103.5, are fully funded by the amount of savings in Kin-GAP assistance grant expenditures realized by the counties from the receipt of federal funds due to the implementation of Article 4.7 (commencing with Section 11385) and the amount of funding specifically included in the Protective Services Subaccount within the Support Services Account within the Local Revenue Fund 2011 plus any associated growth funding from the Support Services Growth Subaccount within the Sales and Use Tax Growth Account to pay the costs of extending aid pursuant to this section, the Department of Finance shall certify that fact, in writing, and shall post the certification on its Internet Web site, at which time subparagraph (A) of paragraph (3) shall no longer be implemented.
(h)It is the intent of the Legislature that a county currently participating in the Child Welfare Demonstration Capped Allocation Project not be adversely impacted by the departments exercise of its option to extend foster care benefits pursuant to Section 673(a)(4) and Section 675(8) of Title 42 of the United States Code in the federal Social Security Act, as contained in the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351). Therefore, the department shall negotiate with the United States Department of Health and Human Services on behalf of those counties that are currently participating in the demonstration project to ensure that those counties receive reimbursement for these new programs outside of the provisions of those counties waiver under Subtitle IV-E (commencing with Section 470) of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.).
(i)The department, on or before July 1, 2013, shall develop regulations to implement this section in consultation with concerned stakeholders, including, but not limited to, representatives of the Legislature, the County Welfare Directors Association, the Chief Probation Officers of California, the Judicial Council, representatives of Indian tribes, the California Youth Connection, former foster youth, child advocacy organizations, labor organizations, juvenile justice advocacy organizations, foster caregiver organizations, and researchers. In the development of these regulations, the department shall consider its Manual of Policy and Procedures, Division 30, Chapter 30-912, 913, 916, and 917, as guidelines for developing regulations that are appropriate for young adults who can exercise incremental responsibility concurrently with their growth and development. The department, in its consultation with stakeholders, shall take into consideration the impact to the Automated Child Welfare Services Case Management Services (CWS-CMS) and required modifications needed to accommodate eligibility determination under this section, benefit issuance, case management across counties, and recognition of the legal status of nonminor dependents as adults, as well as changes to data tracking and reporting requirements as required by the Child Welfare System Improvement and Accountability Act as specified in Section 10601.2, and federal outcome measures as required by the federal John H. Chafee Foster Care Independence Program (42 U.S.C. Sec. 677(f)). In addition, the department, in its consultation with stakeholders, shall define the supervised independent living setting which shall include, but not be limited to, apartment living, room and board arrangements, college or university dormitories, and shared roommate settings, and define how those settings meet health and safety standards suitable for nonminors. The department, in its consultation with stakeholders, shall define the six-month certification of the conditions of eligibility pursuant to subdivision (b) to be consistent with the flexibility provided by federal policy guidance, to ensure that there are ample supports for a nonminor to achieve the goals of his or her transition independent living case plan. The department, in its consultation with stakeholders, shall ensure that notices of action and other forms created to inform the nonminor of due process rights and how to access them shall be developed, using language consistent with the special needs of the nonminor dependent population.
(j)Notwithstanding the Administrative Procedure Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department shall prepare for implementation of the applicable provisions of this section by publishing, after consultation with the stakeholders listed in subdivision (i), all-county letters or similar instructions from the director by October 1, 2011, to be effective January 1, 2012. Emergency regulations to implement the applicable provisions of this act may be adopted by the director in accordance with the Administrative Procedure Act. The initial adoption of the emergency regulations and one readoption of the emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the first readoption of those emergency regulations shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days.
SEC. 3.To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
(a)A nonminor who has not attained 21 years of age may petition the court in which he or she was previously found to be a dependent or delinquent child of the juvenile court for a hearing to determine whether to assume dependency jurisdiction over the nonminor, if he or she meets any of the following descriptions:
(1)He or she is a nonminor former dependent, as defined in subdivision (aa) of Section 11400, who received or, but for the receipt of Supplemental Security Income benefits or other aid from the federal Social Security Administration, would have received aid after attaining 18 years of age under Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, or AFDC-FC pursuant to subdivision (e) of Section 11405, and whose former guardian or guardians died after the nonminor attained 18 years of age, but before he or she attains 21 years of age.
(2)He or she is a nonminor former dependent, as defined in subdivision (aa) of Section 11400, who received or, but for the receipt of Supplemental Security Income benefits or other aid from the federal Social Security Administration, would have received aid after attaining 18 years of age under Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, or AFDC-FC pursuant to subdivision (e) of Section 11405, and whose former guardian or guardians no longer provide ongoing support to, and no longer receive aid on behalf of, the nonminor after the nonminor attained 18 years of age, but before he or she attains 21 years of age.
(3)He or she is a nonminor who received adoption assistance payments after attaining 18 years of age pursuant to Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9 and his or her adoptive parent or parents died after the nonminor attained 18 years of age, but before he or she attains 21 years of age.
(4)He or she is a nonminor who received adoption assistance payments after attaining 18 years of age pursuant to Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9 and his or her adoptive parent or parents no longer provide ongoing support to, and no longer receive benefits on behalf of, the nonminor after the nonminor attained 18 years of age, but before he or she attains 21 years of age.
(b)(1)The petition to assume jurisdiction may be filed in either of the following:
(A)The juvenile court that established the guardianship pursuant to Section 360, Section 366.26, or subdivision (d) of Section 728.
(B)The juvenile court that had jurisdiction over the minor or nonminor dependent when his or her adoption was finalized.
(2)A nonminor described in subdivision (a) may submit a petition to assume dependency jurisdiction to the juvenile court in the county where he or she resides. A petition submitted pursuant to this paragraph shall, within five days of submission, be forwarded to the court that had jurisdiction over the child at the time of the guardianship or adoption. The clerk of the court that had jurisdiction over the child at the time of the guardianship or adoption shall file the petition within one judicial day of receipt.
(c)(1)The juvenile court in which the petition was filed shall order a hearing to be held within 15 judicial days of the date the petition was filed if there is a prima facie showing that the nonminor satisfies all of the following criteria:
(A)He or she was a minor under juvenile court jurisdiction at the time of the establishment of a guardianship pursuant to Section 360, Section 366.26, or subdivision (d) of Section 728, or he or she was a minor or nonminor dependent when his or her adoption was finalized.
(B)(i)His or her guardian or guardians, or adoptive parent or parents, as applicable, died after the nonminor attained 18 years of age, but before he or she attained 21 years of age.
(ii)His or her guardian or guardians, or adoptive parent or parents, as applicable, no longer provide ongoing support to, and no longer receive payment on behalf of, the nonminor after the nonminor attained 18 years of age, but before he or she attained 21 years of age, and it may be in the nonminors best interest for the court to assume dependency jurisdiction.
(C)He or she intends to satisfy at least one of the conditions set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403.
(D)He or she is requesting assistance in maintaining or securing appropriate supervised placement, or needs immediate placement and agrees to supervised placement pursuant to the voluntary reentry agreement described in subdivision (z) of Section 11400.
(2)Upon ordering a hearing, the court shall give prior notice, or cause prior notice to be given, to the nonminor, the appropriate child welfare agency or probation department, and any other person requested by the nonminor in the petition.
(3)Pursuant to applicable rules of court, the juvenile court shall allow for telephonic appearances by the nonminor in these proceedings and in any proceeding in which the nonminor dependent is a party.
(4)Prior to the hearing, the court shall order the county child welfare or probation department to prepare a report for the court that addresses both of the following:
(A)The nonminors plans to satisfy at least one of the criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403.
(B)The appropriate placement setting for the nonminor. When the recommendation is for the nonminor to be placed in a setting where minor dependents also reside, the results of a background check of the petitioning nonminor conducted pursuant to Section 16504.5 may be used by the placing agency to determine appropriate placement options for him or her.
(5)The court shall assume dependency jurisdiction over a former dependent or ward, and order his or her placement and care be under the responsibility of the county child welfare services department, the probation department, tribe, consortium of tribes, or tribal organization, if the court finds all of the following:
(A)The nonminor was a minor under juvenile court jurisdiction at the time of the establishment of a guardianship pursuant to Section 360, Section 366.26, or subdivision (d) of Section 728, or he or she was a dependent at the time his or her adoption was finalized.
(B)The nonminors guardian or guardians, or adoptive parent or parents, as applicable, have died, or no longer provide ongoing support to, and no longer receive payment on behalf of, the nonminor, and it is in the nonminors best interests for the court to assume dependency jurisdiction.
(C)The nonminor has not attained 21 years of age.
(D)Reentry and remaining in foster care are in the nonminors best interests.
(E)The nonminor intends to satisfy, and agrees to satisfy, at least one of the criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, and demonstrates his or her agreement to placement in a supervised setting under the placement and care responsibility of the placing agency by signing the voluntary reentry agreement described in subdivision (z) of Section 11400.
(6)The existence of a criminal conviction is not a bar to eligibility for reentry to foster care or assumption of dependency jurisdiction over a nonminor.
(7)The court shall not grant a continuance that would cause the hearing to be completed more than 120 days after the date the petition is filed.
(d)The agency made responsible for the nonminors placement and care pursuant to paragraph (5) of subdivision (c) shall prepare a new transitional independent living case plan within 60 calendar days of the date the nonminor signs the voluntary reentry agreement and shall submit the plan to the court for the review hearing specified in Section 366.31, to be held within 70 days of the assumption of dependency jurisdiction. The review hearing under Section 366.31 shall not be held more than 170 calendar days from the date the nonminor signs the voluntary reentry agreement.
(e)(1) A nonminor described in subdivision (a) may enter into a voluntary reentry agreement as defined in subdivision (z) of Section 11400 in order to establish eligibility for foster care benefits under subdivision (e) of Section 11401 before or after filing a petition to assume dependency jurisdiction. If the nonminor enters into a voluntary reentry agreement prior to filing the petition, the nonminor is entitled to placement and supervision pending the courts assumption of jurisdiction.
(2)If the nonminor completes a voluntary reentry agreement with a placing agency, the placing agency shall file the petition to assume dependency jurisdiction on behalf of the nonminor within 15 judicial days of the date the agreement is signed, unless the nonminor elects to file the petition at an earlier date.
SEC. 2.Section 11403 of the Welfare and Institutions Code is amended to read:11403.(a)It is the intent of the Legislature to exercise the option afforded states under Section 475(8) (42 U.S.C. Sec. 675(8)), and Section 473(a)(4) (42 U.S.C. Sec. 673(a)(4)) of the federal Social Security Act, as contained in the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351), to receive federal financial participation for nonminor dependents of the juvenile court who satisfy the conditions of subdivision (b), consistent with their transitional independent living case plan. Nonminor dependents are eligible to receive support until they reach 21 years of age, consistent with their transitional independent living case plan and as described in Section 10103.5. It is the intent of the Legislature both at the time of initial determination of the nonminor dependents eligibility and throughout the time the nonminor dependent is eligible for aid pursuant to this section, that the social worker or probation officer or Indian tribal placing entity and the nonminor dependent shall work together to ensure the nonminor dependents ongoing eligibility. All case planning shall be a collaborative effort between the nonminor dependent and the social worker, probation officer, or Indian tribe, with the nonminor dependent assuming increasing levels of responsibility and independence.
(b)A nonminor dependent receiving aid pursuant to this chapter, who satisfies the age criteria set forth in subdivision (a), shall meet the legal authority for placement and care by being under a foster care placement order by the juvenile court, or the voluntary reentry agreement as set forth in subdivision (z) of Section 11400, and is otherwise eligible for AFDC-FC payments pursuant to Section 11401. A nonminor who satisfies the age criteria set forth in subdivision (a), and who is otherwise eligible, shall continue to receive CalWORKs payments pursuant to Section 11253, Approved Relative Caregiver Funding Program benefits pursuant to Section 11461.3, or, as a nonminor former dependent or ward, aid pursuant to Kin-GAP under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) or adoption assistance payments as specified in Chapter 2.1 (commencing with Section 16115) of Part 4. A nonminor former dependent child or ward of the juvenile court who is receiving AFDC-FC benefits pursuant to Section 11405 and who satisfies the criteria set forth in subdivision (a) is eligible to continue to receive aid as long as the nonminor is otherwise eligible for AFDC-FC benefits under this subdivision. This subdivision applies when one or more of the following conditions exist:
(1)The nonminor is completing secondary education or a program leading to an equivalent credential.
(2)The nonminor is enrolled in an institution which provides postsecondary or vocational education.
(3)The nonminor is participating in a program or activity designed to promote, or remove barriers to employment.
(4)The nonminor is employed for at least 80 hours per month.
(5)The nonminor is incapable of doing any of the activities described in paragraphs (1) to (4), inclusive, due to a medical condition, and that incapability is supported by regularly updated information in the case plan of the nonminor. The requirement to update the case plan under this section shall not apply to nonminor former dependents or wards in receipt of Kin-GAP program or Adoption Assistance Program payments.
(c)The county child welfare or probation department, Indian tribe, consortium of tribes, or tribal organization that has entered into an agreement pursuant to Section 10553.1, shall work together with a nonminor dependent who is in foster care on his or her 18th birthday and thereafter or a nonminor former dependent receiving aid pursuant to Section 11405, to satisfy one or more of the conditions described in paragraphs (1) to (5), inclusive, of subdivision (b) and shall certify the nonminors applicable condition or conditions in the nonminors six-month transitional independent living case plan update, and provide the certification to the eligibility worker and to the court at each six-month case plan review hearing for the nonminor dependent. Relative guardians who receive Kin-GAP payments and adoptive parents who receive adoption assistance payments shall be responsible for reporting to the county welfare agency that the nonminor does not satisfy at least one of the conditions described in subdivision (b). The social worker, probation officer, or tribal entity shall verify and obtain assurances that the nonminor dependent continues to satisfy at least one of the conditions in paragraphs (1) to (5), inclusive, of subdivision (b) at each six-month transitional independent living case plan update. The six-month case plan update shall certify the nonminors eligibility pursuant to subdivision (b) for the next six-month period. During the six-month certification period, the payee and nonminor shall report any change in placement or other relevant changes in circumstances that may affect payment. The nonminor dependent, or nonminor former dependent receiving aid pursuant to subdivision (e) of Section 11405, shall be informed of all due process requirements, in accordance with state and federal law, prior to an involuntary termination of aid, and shall simultaneously be provided with a written explanation of how to exercise his or her due process rights and obtain referrals to legal assistance. Any notices of action regarding eligibility shall be sent to the nonminor dependent or former dependent, his or her counsel, as applicable, and the placing worker, in addition to any other payee. Payments of aid pursuant to Kin-GAP under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), adoption assistance payments as specified in Chapter 2.1 (commencing with Section 16115) of Part 4, or aid pursuant to subdivision (e) of Section 11405 that are made on behalf of a nonminor former dependent shall terminate subject to the terms of the agreements. Subject to federal approval of amendments to the state plan, aid payments may be suspended and resumed based on changes of circumstances that affect eligibility. Nonminor former dependents, as identified in paragraph (2) of subdivision (aa) of Section 11400, are not eligible for reentry under subdivision (e) of Section 388 as nonminor dependents under the jurisdiction of the juvenile court, but may be eligible for reentry pursuant to Section 388.1 if (1) the nonminor former dependent was receiving or, but for the receipt of Supplemental Security Income benefits or other aid from the federal Social Security Administration, would have received aid under either Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) or AFDC-FC pursuant to subdivision (e) of Section 11405, or the nonminor was receiving adoption assistance payments, as specified in Chapter 2.1 (commencing with Section 16115) of Part 3, and (2) the nonminors former guardian or adoptive parent dies, or no longer provides ongoing support to, and no longer receives benefits on behalf of, the nonminor after the nonminor turns 18 years of age but before the nonminor turns 21 years of age. Nonminor former dependents requesting the resumption of AFDC-FC payments pursuant to subdivision (e) of Section 11405 shall complete the applicable portions of the voluntary reentry agreement, as described in subdivision (z) of Section 11400.
(d)A nonminor dependent may receive all of the payment directly provided that the nonminor is living independently in a supervised placement, as described in subdivision (w) of Section 11400, and that both the youth and the agency responsible for the foster care placement have signed a mutual agreement, as defined in subdivision (u) of Section 11400, if the youth is capable of making an informed agreement, that documents the continued need for supervised out-of-home placement, and the nonminors and social workers or probation officers agreement to work together to facilitate implementation of the mutually developed supervised placement agreement and transitional independent living case plan.
(e)Eligibility for aid under this section shall not terminate until the nonminor dependent attains the age criteria, as set forth in subdivision (a), but aid may be suspended when the nonminor dependent no longer resides in an eligible facility, as described in Section 11402, or is otherwise not eligible for AFDC-FC benefits under Section 11401, or terminated at the request of the nonminor, or after a court terminates dependency jurisdiction pursuant to Section 391, delinquency jurisdiction pursuant to Section 607.2, or transition jurisdiction pursuant to Section 452. AFDC-FC benefits to nonminor dependents may be resumed at the request of the nonminor by completing a voluntary reentry agreement pursuant to subdivision (z) of Section 11400, before or after the filing of a petition filed pursuant to subdivision (e) of Section 388 after a court terminates dependency or transitional jurisdiction pursuant to Section 391 or delinquency jurisdiction pursuant to Section 607.2. The county welfare or probation department or Indian tribal entity that has entered into an agreement pursuant to Section 10553.1 shall complete the voluntary reentry agreement with the nonminor who agrees to satisfy the criteria of the agreement, as described in subdivision (z) of Section 11400. The county welfare department or tribal entity shall establish a new child-only Title IV-E eligibility determination based on the nonminors completion of the voluntary reentry agreement pursuant to Section 11401. The beginning date of aid for either federal or state AFDC-FC for a reentering nonminor who is placed in foster care is the date the voluntary reentry agreement is signed or the nonminor is placed, whichever is later. The county welfare department, county probation department, or tribal entity shall provide a nonminor dependent who wishes to continue receiving aid with the assistance necessary to meet and maintain eligibility.
(f)(1)The county having jurisdiction of the nonminor dependent shall remain the county of payment under this section regardless of the youths physical residence. Nonminor former dependents receiving aid pursuant to subdivision (e) of Section 11405 shall be paid by their county of residence. Counties may develop courtesy supervision agreements to provide case management and independent living services by the county of residence pursuant to the nonminor dependents transitional independent living case plan. Placements made out of state are subject to the applicable requirements of the Interstate Compact on Placement of Children, pursuant to Part 5 (commencing with Section 7900) of Division 12 of the Family Code.
(2)The county welfare department, county probation department, or tribal entity shall notify all foster youth who attain 16 years of age and are under the jurisdiction of that county or tribe, including those receiving Kin-GAP, and AAP, of the existence of the aid prescribed by this section.
(3)The department shall seek any waiver to amend its Title IV-E State Plan with the Secretary of the United States Department of Health and Human Services necessary to implement this section.
(g)(1)Subject to paragraph (3), a county shall pay the nonfederal share of the cost of extending aid pursuant to this section to eligible nonminor dependents who have reached 18 years of age and who are under the jurisdiction of the county, including AFDC-FC payments pursuant to Section 11401, aid pursuant to Kin-GAP under Article 4.7 (commencing with Section 11385), adoption assistance payments as specified in Chapter 2.1 (commencing with Section 16115) of Part 4, and aid pursuant to Section 11405 for nonminor dependents who are residing in the county as provided in paragraph (1) of subdivision (f). A county shall contribute to the CalWORKs payments pursuant to Section 11253 and aid pursuant to Kin-GAP under Article 4.5 (commencing with Section 11360) at the statutory sharing ratios in effect on January 1, 2012.
(2)Subject to paragraph (3), a county shall pay the nonfederal share of the cost of providing permanent placement services pursuant to subdivision (c) of Section 16508 and administering the Aid to Families with Dependent Children Foster Care program pursuant to Section 15204.9. For purposes of budgeting, the department shall use a standard for the permanent placement services that is equal to the midpoint between the budgeting standards for family maintenance services and family reunification services.
(3)(A)(i)Notwithstanding any other law, a countys required total contribution pursuant to paragraphs (1) and (2), excluding costs incurred pursuant to Section 10103.5, shall not exceed the amount of savings in Kin-GAP assistance grant expenditures realized by the county from the receipt of federal funds due to the implementation of Article 4.7 (commencing with Section 11385), and the amount of funding specifically included in the Protective Services Subaccount within the Support Services Account within the Local Revenue Fund 2011, plus any associated growth funding from the Support Services Growth Subaccount within the Sales and Use Tax Growth Account to pay the costs of extending aid pursuant to this section.
(ii)A county, at its own discretion, may expend additional funds beyond the amounts identified in clause (i). These additional amounts shall not be included in any cost and savings calculations or comparisons performed pursuant to this section.
(B)Beginning in the 201112 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code. In addition, the following are available to the counties for the purpose of funding costs pursuant to this section:
(i)The savings in Kin-GAP assistance grant expenditures realized from the receipt of federal funds due to the implementation of Article 4.7 (commencing with Section 11385).
(ii)The savings realized from the change in federal funding for adoption assistance resulting from the enactment of Public Law 110-351 and consistent with subdivision (d) of Section 16118.
(4)(A)The limit on the countys total contribution pursuant to paragraph (3) shall be assessed by the State Department of Social Services, in conjunction with the California State Association of Counties, in 201516, to determine if it shall be removed. The assessment of the need for the limit shall be based on a determination on a statewide basis of whether the actual county costs of providing extended care pursuant to this section, excluding costs incurred pursuant to Section 10103.5, are fully funded by the amount of savings in Kin-GAP assistance grant expenditures realized by the counties from the receipt of federal funds due to the implementation of Article 4.7 (commencing with Section 11385) and the amount of funding specifically included in the Protective Services Subaccount within the Support Services Account within the Local Revenue Fund 2011 plus any associated growth funding from the Support Services Growth Subaccount within the Sales and Use Tax Growth Account to pay the costs of extending aid pursuant to this section.
(B)If the assessment pursuant to subparagraph (A) shows that the statewide total costs of extending aid pursuant to this section, excluding costs incurred pursuant to Section 10103.5, are fully funded by the amount of savings in Kin-GAP assistance grant expenditures realized by the counties from the receipt of federal funds due to the implementation of Article 4.7 (commencing with Section 11385) and the amount of funding specifically included in the Protective Services Subaccount within the Support Services Account within the Local Revenue Fund 2011 plus any associated growth funding from the Support Services Growth Subaccount within the Sales and Use Tax Growth Account to pay the costs of extending aid pursuant to this section, the Department of Finance shall certify that fact, in writing, and shall post the certification on its Internet Web site, at which time subparagraph (A) of paragraph (3) shall no longer be implemented.
(h)It is the intent of the Legislature that a county currently participating in the Child Welfare Demonstration Capped Allocation Project not be adversely impacted by the departments exercise of its option to extend foster care benefits pursuant to Section 673(a)(4) and Section 675(8) of Title 42 of the United States Code in the federal Social Security Act, as contained in the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351). Therefore, the department shall negotiate with the United States Department of Health and Human Services on behalf of those counties that are currently participating in the demonstration project to ensure that those counties receive reimbursement for these new programs outside of the provisions of those counties waiver under Subtitle IV-E (commencing with Section 470) of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.).
(i)The department, on or before July 1, 2013, shall develop regulations to implement this section in consultation with concerned stakeholders, including, but not limited to, representatives of the Legislature, the County Welfare Directors Association, the Chief Probation Officers of California, the Judicial Council, representatives of Indian tribes, the California Youth Connection, former foster youth, child advocacy organizations, labor organizations, juvenile justice advocacy organizations, foster caregiver organizations, and researchers. In the development of these regulations, the department shall consider its Manual of Policy and Procedures, Division 30, Chapter 30-912, 913, 916, and 917, as guidelines for developing regulations that are appropriate for young adults who can exercise incremental responsibility concurrently with their growth and development. The department, in its consultation with stakeholders, shall take into consideration the impact to the Automated Child Welfare Services Case Management Services (CWS-CMS) and required modifications needed to accommodate eligibility determination under this section, benefit issuance, case management across counties, and recognition of the legal status of nonminor dependents as adults, as well as changes to data tracking and reporting requirements as required by the Child Welfare System Improvement and Accountability Act as specified in Section 10601.2, and federal outcome measures as required by the federal John H. Chafee Foster Care Independence Program (42 U.S.C. Sec. 677(f)). In addition, the department, in its consultation with stakeholders, shall define the supervised independent living setting which shall include, but not be limited to, apartment living, room and board arrangements, college or university dormitories, and shared roommate settings, and define how those settings meet health and safety standards suitable for nonminors. The department, in its consultation with stakeholders, shall define the six-month certification of the conditions of eligibility pursuant to subdivision (b) to be consistent with the flexibility provided by federal policy guidance, to ensure that there are ample supports for a nonminor to achieve the goals of his or her transition independent living case plan. The department, in its consultation with stakeholders, shall ensure that notices of action and other forms created to inform the nonminor of due process rights and how to access them shall be developed, using language consistent with the special needs of the nonminor dependent population.
(j)Notwithstanding the Administrative Procedure Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department shall prepare for implementation of the applicable provisions of this section by publishing, after consultation with the stakeholders listed in subdivision (i), all-county letters or similar instructions from the director by October 1, 2011, to be effective January 1, 2012. Emergency regulations to implement the applicable provisions of this act may be adopted by the director in accordance with the Administrative Procedure Act. The initial adoption of the emergency regulations and one readoption of the emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the first readoption of those emergency regulations shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days.
SEC. 3.To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
(a)On and after January 1, 2014, a A nonminor who has not attained 21 years of age may petition the court in which he or she was previously found to be a dependent or delinquent child of the juvenile court for a hearing to determine whether to assume dependency jurisdiction over the nonminor, if he or she meets any of the following descriptions:
(1)He or she is a nonminor former dependent, as defined in subdivision (aa) of Section 11400, who received received or, but for the receipt of Supplemental Security Income benefits or other aid from the federal Social Security Administration, would have received aid after attaining 18 years of age under Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, or AFDC-FC pursuant to subdivision (e) of Section 11405, and whose former guardian or guardians died after the nonminor attained 18 years of age, but before he or she attains 21 years of age.
(2)He or she is a nonminor former dependent, as defined in subdivision (aa) of Section 11400, who received received or, but for the receipt of Supplemental Security Income benefits or other aid from the federal Social Security Administration, would have received aid after attaining 18 years of age under Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, or AFDC-FC pursuant to subdivision (e) of Section 11405, and whose former guardian or guardians no longer provide ongoing support to, and no longer receive aid on behalf of, the nonminor after the nonminor attained 18 years of age, but before he or she attains 21 years of age.
(3)He or she is a nonminor who received adoption assistance payments after attaining 18 years of age pursuant to Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9 and his or her adoptive parent or parents died after the nonminor attained 18 years of age, but before he or she attains 21 years of age.
(4)He or she is a nonminor who received adoption assistance payments after attaining 18 years of age pursuant to Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9 and his or her adoptive parent or parents no longer provide ongoing support to, and no longer receive benefits on behalf of, the nonminor after the nonminor attained 18 years of age, but before he or she attains 21 years of age.
(b)(1)The petition to assume jurisdiction may be filed in either of the following:
(A)The juvenile court that established the guardianship pursuant to Section 360, Section 366.26, or subdivision (d) of Section 728.
(B)The juvenile court that had jurisdiction over the minor or nonminor dependent when his or her adoption was finalized.
(2)A nonminor described in subdivision (a) may submit a petition to assume dependency jurisdiction to the juvenile court in the county where he or she resides. A petition submitted pursuant to this paragraph shall, within five days of submission, be forwarded to the court that had jurisdiction over the child at the time of the guardianship or adoption. The clerk of the court that had jurisdiction over the child at the time of the guardianship or adoption shall file the petition within one judicial day of receipt.
(c)(1)The juvenile court in which the petition was filed shall order a hearing to be held within 15 judicial days of the date the petition was filed if there is a prima facie showing that the nonminor satisfies all of the following criteria:
(A)He or she was a minor under juvenile court jurisdiction at the time of the establishment of a guardianship pursuant to Section 360, Section 366.26, or subdivision (d) of Section 728, or he or she was a minor or nonminor dependent when his or her adoption was finalized.
(B)(i)His or her guardian or guardians, or adoptive parent or parents, as applicable, died after the nonminor attained 18 years of age, but before he or she attained 21 years of age.
(ii)His or her guardian or guardians, or adoptive parent or parents, as applicable, no longer provide ongoing support to, and no longer receive payment on behalf of, the nonminor after the nonminor attained 18 years of age, but before he or she attained 21 years of age, and it may be in the nonminors best interest for the court to assume dependency jurisdiction.
(C)He or she intends to satisfy at least one of the conditions set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403.
(D)He or she is requesting assistance in maintaining or securing appropriate supervised placement, or needs immediate placement and agrees to supervised placement pursuant to the voluntary reentry agreement described in subdivision (z) of Section 11400.
(2)Upon ordering a hearing, the court shall give prior notice, or cause prior notice to be given, to the nonminor, the appropriate child welfare agency or probation department, and any other person requested by the nonminor in the petition.
(3)Pursuant to applicable rules of court, the juvenile court shall allow for telephonic appearances by the nonminor in these proceedings and in any proceeding in which the nonminor dependent is a party.
(4)Prior to the hearing, the court shall order the county child welfare or probation department to prepare a report for the court that addresses both of the following:
(A)The nonminors plans to satisfy at least one of the criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403.
(B)The appropriate placement setting for the nonminor. When the recommendation is for the nonminor to be placed in a setting where minor dependents also reside, the results of a background check of the petitioning nonminor conducted pursuant to Section 16504.5 may be used by the placing agency to determine appropriate placement options for him or her.
(5)The court shall assume dependency jurisdiction over a former dependent or ward, and order his or her placement and care be under the responsibility of the county child welfare services department, the probation department, tribe, consortium of tribes, or tribal organization, if the court finds all of the following:
(A)The nonminor was a minor under juvenile court jurisdiction at the time of the establishment of a guardianship pursuant to Section 360, Section 366.26, or subdivision (d) of Section 728, or he or she was a dependent at the time his or her adoption was finalized.
(B)The nonminors guardian or guardians, or adoptive parent or parents, as applicable, have died, or no longer provide ongoing support to, and no longer receive payment on behalf of, the nonminor, and it is in the nonminors best interests for the court to assume dependency jurisdiction.
(C)The nonminor has not attained 21 years of age.
(D)Reentry and remaining in foster care are in the nonminors best interests.
(E)The nonminor intends to satisfy, and agrees to satisfy, at least one of the criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, and demonstrates his or her agreement to placement in a supervised setting under the placement and care responsibility of the placing agency by signing the voluntary reentry agreement described in subdivision (z) of Section 11400.
(6)The existence of a criminal conviction is not a bar to eligibility for reentry to foster care or assumption of dependency jurisdiction over a nonminor.
(7)The court shall not grant a continuance that would cause the hearing to be completed more than 120 days after the date the petition is filed.
(d)The agency made responsible for the nonminors placement and care pursuant to paragraph (5) of subdivision (c) shall prepare a new transitional independent living case plan within 60 calendar days of the date the nonminor signs the voluntary reentry agreement and shall submit the plan to the court for the review hearing specified in Section 366.31, to be held within 70 days of the assumption of dependency jurisdiction. The review hearing under Section 366.31 shall not be held more than 170 calendar days from the date the nonminor signs the voluntary reentry agreement.
(e)(1) A nonminor described in subdivision (a) may enter into a voluntary reentry agreement as defined in subdivision (z) of Section 11400 in order to establish eligibility for foster care benefits under subdivision (e) of Section 11401 before or after filing a petition to assume dependency jurisdiction. If the nonminor enters into a voluntary reentry agreement prior to filing the petition, the nonminor is entitled to placement and supervision pending the courts assumption of jurisdiction.
(2)If the nonminor completes a voluntary reentry agreement with a placing agency, the placing agency shall file the petition to assume dependency jurisdiction on behalf of the nonminor within 15 judicial days of the date the agreement is signed, unless the nonminor elects to file the petition at an earlier date.
SEC. 2.Section 11403 of the Welfare and Institutions Code is amended to read:11403.(a)It is the intent of the Legislature to exercise the option afforded states under Section 475(8) (42 U.S.C. Sec. 675(8)), and Section 473(a)(4) (42 U.S.C. Sec. 673(a)(4)) of the federal Social Security Act, as contained in the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351), to receive federal financial participation for nonminor dependents of the juvenile court who satisfy the conditions of subdivision (b), consistent with their transitional independent living case plan. Effective January 1, 2012, these nonminor dependents shall be Nonminor dependents are eligible to receive support up to 19 years of age, effective January 1, 2013, up to 20 years of age, and effective January 1, 2014, up to until they reach 21 years of age, consistent with their transitional independent living case plan and as described in Section 10103.5. It is the intent of the Legislature both at the time of initial determination of the nonminor dependents eligibility and throughout the time the nonminor dependent is eligible for aid pursuant to this section, that the social worker or probation officer or Indian tribal placing entity and the nonminor dependent shall work together to ensure the nonminor dependents ongoing eligibility. All case planning shall be a collaborative effort between the nonminor dependent and the social worker, probation officer, or Indian tribe, with the nonminor dependent assuming increasing levels of responsibility and independence.
(b)A nonminor dependent receiving aid pursuant to this chapter, who satisfies the age criteria set forth in subdivision (a), shall meet the legal authority for placement and care by being under a foster care placement order by the juvenile court, or the voluntary reentry agreement as set forth in subdivision (z) of Section 11400, and is otherwise eligible for AFDC-FC payments pursuant to Section 11401. A nonminor who satisfies the age criteria set forth in subdivision (a), and who is otherwise eligible, shall continue to receive CalWORKs payments pursuant to Section 11253, Approved Relative Caregiver Funding Program benefits pursuant to Section 11461.3, or, as a nonminor former dependent or ward, aid pursuant to Kin-GAP under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) or adoption assistance payments as specified in Chapter 2.1 (commencing with Section 16115) of Part 4. Effective January 1, 2012, a A nonminor former dependent child or ward of the juvenile court who is receiving AFDC-FC benefits pursuant to Section 11405 and who satisfies the criteria set forth in subdivision (a) shall be is eligible to continue to receive aid as long as the nonminor is otherwise eligible for AFDC-FC benefits under this subdivision. This subdivision applies when one or more of the following conditions exist:
(1)The nonminor is completing secondary education or a program leading to an equivalent credential.
(2)The nonminor is enrolled in an institution which provides postsecondary or vocational education.
(3)The nonminor is participating in a program or activity designed to promote, or remove barriers to employment.
(4)The nonminor is employed for at least 80 hours per month.
(5)The nonminor is incapable of doing any of the activities described in subparagraphs paragraphs (1) to (4), inclusive, due to a medical condition, and that incapability is supported by regularly updated information in the case plan of the nonminor. The requirement to update the case plan under this section shall not apply to nonminor former dependents or wards in receipt of Kin-GAP program or Adoption Assistance Program payments.
(c)The county child welfare or probation department, Indian tribe, consortium of tribes, or tribal organization that has entered into an agreement pursuant to Section 10553.1, shall work together with a nonminor dependent who is in foster care on his or her 18th birthday and thereafter or a nonminor former dependent receiving aid pursuant to Section 11405, to satisfy one or more of the conditions described in paragraphs (1) to (5), inclusive, of subdivision (b) and shall certify the nonminors applicable condition or conditions in the nonminors six-month transitional independent living case plan update, and provide the certification to the eligibility worker and to the court at each six-month case plan review hearing for the nonminor dependent. Relative guardians who receive Kin-GAP payments and adoptive parents who receive adoption assistance payments shall be responsible for reporting to the county welfare agency that the nonminor does not satisfy at least one of the conditions described in subdivision (b). The social worker, probation officer, or tribal entity shall verify and obtain assurances that the nonminor dependent continues to satisfy at least one of the conditions in paragraphs (1) to (5), inclusive, of subdivision (b) at each six-month transitional independent living case plan update. The six-month case plan update shall certify the nonminors eligibility pursuant to subdivision (b) for the next six-month period. During the six-month certification period, the payee and nonminor shall report any change in placement or other relevant changes in circumstances that may affect payment. The nonminor dependent, or nonminor former dependent receiving aid pursuant to subdivision (e) of Section 11405, shall be informed of all due process requirements, in accordance with state and federal law, prior to an involuntary termination of aid, and shall simultaneously be provided with a written explanation of how to exercise his or her due process rights and obtain referrals to legal assistance. Any notices of action regarding eligibility shall be sent to the nonminor dependent or former dependent, his or her counsel, as applicable, and the placing worker, in addition to any other payee. Payments of aid pursuant to Kin-GAP under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), adoption assistance payments as specified in Chapter 2.1 (commencing with Section 16115) of Part 4, or aid pursuant to subdivision (e) of Section 11405 that are made on behalf of a nonminor former dependent shall terminate subject to the terms of the agreements. Subject to federal approval of amendments to the state plan, aid payments may be suspended and resumed based on changes of circumstances that affect eligibility. Nonminor former dependents, as identified in paragraph (2) of subdivision (aa) of Section 11400, are not eligible for reentry under subdivision (e) of Section 388 as nonminor dependents under the jurisdiction of the juvenile court, but may be eligible for reentry pursuant to Section 388.1 if (1) the nonminor former dependent was receiving receiving or, but for the receipt of Supplemental Security Income benefits or other aid from the federal Social Security Administration, would have received aid pursuant to under either Kin-GAP under pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), the nonminor former dependent was receiving aid pursuant to 11385) or AFDC-FC pursuant to subdivision (e) of Section 11405, or the nonminor was receiving adoption assistance payments payments, as specified in Chapter 2.1 (commencing with Section 16115) of Part 3, and (2) the nonminors former guardian or adoptive parent dies, or no longer provides ongoing support to, and no longer receives benefits on behalf of, the nonminor after the nonminor turns 18 years of age but before the nonminor turns 21 years of age. Nonminor former dependents requesting the resumption of AFDC-FC payments pursuant to subdivision (e) of Section 11405 shall complete the applicable portions of the voluntary reentry agreement, as described in subdivision (z) of Section 11400.
(d)A nonminor dependent may receive all of the payment directly provided that the nonminor is living independently in a supervised placement, as described in subdivision (w) of Section 11400, and that both the youth and the agency responsible for the foster care placement have signed a mutual agreement, as defined in subdivision (u) of Section 11400, if the youth is capable of making an informed agreement, that documents the continued need for supervised out-of-home placement, and the nonminors and social workers or probation officers agreement to work together to facilitate implementation of the mutually developed supervised placement agreement and transitional independent living case plan.
(e)Eligibility for aid under this section shall not terminate until the nonminor dependent attains the age criteria, as set forth in subdivision (a), but aid may be suspended when the nonminor dependent no longer resides in an eligible facility, as described in Section 11402, or is otherwise not eligible for AFDC-FC benefits under Section 11401, or terminated at the request of the nonminor, or after a court terminates dependency jurisdiction pursuant to Section 391, delinquency jurisdiction pursuant to Section 607.2, or transition jurisdiction pursuant to Section 452. AFDC-FC benefits to nonminor dependents, dependents may be resumed at the request of the nonminor by completing a voluntary reentry agreement pursuant to subdivision (z) of Section 11400, before or after the filing of a petition filed pursuant to subdivision (e) of Section 388 after a court terminates dependency or transitional jurisdiction pursuant to Section 391, 391 or delinquency jurisdiction pursuant to Section 607.2. The county welfare or probation department or Indian tribal entity that has entered into an agreement pursuant to Section 10553.1 shall complete the voluntary reentry agreement with the nonminor who agrees to satisfy the criteria of the agreement, as described in subdivision (z) of Section 11400. The county welfare department or tribal entity shall establish a new child-only Title IV-E eligibility determination based on the nonminors completion of the voluntary reentry agreement pursuant to Section 11401. The beginning date of aid for either federal or state AFDC-FC for a reentering nonminor who is placed in foster care is the date the voluntary reentry agreement is signed or the nonminor is placed, whichever is later. The county welfare department, county probation department, or tribal entity shall provide a nonminor dependent who wishes to continue receiving aid with the assistance necessary to meet and maintain eligibility.
(f)(1)The county having jurisdiction of the nonminor dependent shall remain the county of payment under this section regardless of the youths physical residence. Nonminor former dependents receiving aid pursuant to subdivision (e) of Section 11405 shall be paid by their county of residence. Counties may develop courtesy supervision agreements to provide case management and independent living services by the county of residence pursuant to the nonminor dependents transitional independent living case plan. Placements made out of state are subject to the applicable requirements of the Interstate Compact on Placement of Children, pursuant to Part 5 (commencing with Section 7900) of Division 12 of the Family Code.
(2)The county welfare department, county probation department, or tribal entity shall notify all foster youth who attain 16 years of age and are under the jurisdiction of that county or tribe, including those receiving Kin-GAP, and AAP, of the existence of the aid prescribed by this section.
(3)The department shall seek any waiver to amend its Title IV-E State Plan with the Secretary of the United States Department of Health and Human Services necessary to implement this section.
(g)(1)Subject to paragraph (3), a county shall pay the nonfederal share of the cost of extending aid pursuant to this section to eligible nonminor dependents who have reached 18 years of age and who are under the jurisdiction of the county, including AFDC-FC payments pursuant to Section 11401, aid pursuant to Kin-GAP under Article 4.7 (commencing with Section 11385), adoption assistance payments as specified in Chapter 2.1 (commencing with Section 16115) of Part 4, and aid pursuant to Section 11405 for nonminor dependents who are residing in the county as provided in paragraph (1) of subdivision (f). A county shall contribute to the CalWORKs payments pursuant to Section 11253 and aid pursuant to Kin-GAP under Article 4.5 (commencing with Section 11360) at the statutory sharing ratios in effect on January 1, 2012.
(2)Subject to paragraph (3), a county shall pay the nonfederal share of the cost of providing permanent placement services pursuant to subdivision (c) of Section 16508 and administering the Aid to Families with Dependent Children Foster Care program pursuant to Section 15204.9. For purposes of budgeting, the department shall use a standard for the permanent placement services that is equal to the midpoint between the budgeting standards for family maintenance services and family reunification services.
(3)(A)(i)Notwithstanding any other law, a countys required total contribution pursuant to paragraphs (1) and (2), excluding costs incurred pursuant to Section 10103.5, shall not exceed the amount of savings in Kin-GAP assistance grant expenditures realized by the county from the receipt of federal funds due to the implementation of Article 4.7 (commencing with Section 11385), and the amount of funding specifically included in the Protective Services Subaccount within the Support Services Account within the Local Revenue Fund 2011, plus any associated growth funding from the Support Services Growth Subaccount within the Sales and Use Tax Growth Account to pay the costs of extending aid pursuant to this section.
(ii)A county, at its own discretion, may expend additional funds beyond the amounts identified in clause (i). These additional amounts shall not be included in any cost and savings calculations or comparisons performed pursuant to this section.
(B)Beginning in the 201112 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code. In addition, the following are available to the counties for the purpose of funding costs pursuant to this section:
(i)The savings in Kin-GAP assistance grant expenditures realized from the receipt of federal funds due to the implementation of Article 4.7 (commencing with Section 11385).
(ii)The savings realized from the change in federal funding for adoption assistance resulting from the enactment of Public Law 110-351 and consistent with subdivision (d) of Section 16118.
(4)(A)The limit on the countys total contribution pursuant to paragraph (3) shall be assessed by the State Department of Social Services, in conjunction with the California State Association of Counties, in 201516, to determine if it shall be removed. The assessment of the need for the limit shall be based on a determination on a statewide basis of whether the actual county costs of providing extended care pursuant to this section, excluding costs incurred pursuant to Section 10103.5, are fully funded by the amount of savings in Kin-GAP assistance grant expenditures realized by the counties from the receipt of federal funds due to the implementation of Article 4.7 (commencing with Section 11385) and the amount of funding specifically included in the Protective Services Subaccount within the Support Services Account within the Local Revenue Fund 2011 plus any associated growth funding from the Support Services Growth Subaccount within the Sales and Use Tax Growth Account to pay the costs of extending aid pursuant to this section.
(B)If the assessment pursuant to subparagraph (A) shows that the statewide total costs of extending aid pursuant to this section, excluding costs incurred pursuant to Section 10103.5, are fully funded by the amount of savings in Kin-GAP assistance grant expenditures realized by the counties from the receipt of federal funds due to the implementation of Article 4.7 (commencing with Section 11385) and the amount of funding specifically included in the Protective Services Subaccount within the Support Services Account within the Local Revenue Fund 2011 plus any associated growth funding from the Support Services Growth Subaccount within the Sales and Use Tax Growth Account to pay the costs of extending aid pursuant to this section, the Department of Finance shall certify that fact, in writing, and shall post the certification on its Internet Web site, at which time subparagraph (A) of paragraph (3) shall no longer be implemented.
(h)It is the intent of the Legislature that a county currently participating in the Child Welfare Demonstration Capped Allocation Project not be adversely impacted by the departments exercise of its option to extend foster care benefits pursuant to Section 673(a)(4) and Section 675(8) of Title 42 of the United States Code in the federal Social Security Act, as contained in the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351). Therefore, the department shall negotiate with the United States Department of Health and Human Services on behalf of those counties that are currently participating in the demonstration project to ensure that those counties receive reimbursement for these new programs outside of the provisions of those counties waiver under Subtitle IV-E (commencing with Section 470) of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.).
(i)The department, on or before July 1, 2013, shall develop regulations to implement this section in consultation with concerned stakeholders, including, but not limited to, representatives of the Legislature, the County Welfare Directors Association, the Chief Probation Officers of California, the Judicial Council, representatives of Indian tribes, the California Youth Connection, former foster youth, child advocacy organizations, labor organizations, juvenile justice advocacy organizations, foster caregiver organizations, and researchers. In the development of these regulations, the department shall consider its Manual of Policy and Procedures, Division 30, Chapter 30-912, 913, 916, and 917, as guidelines for developing regulations that are appropriate for young adults who can exercise incremental responsibility concurrently with their growth and development. The department, in its consultation with stakeholders, shall take into consideration the impact to the Automated Child Welfare Services Case Management Services (CWS-CMS) and required modifications needed to accommodate eligibility determination under this section, benefit issuance, case management across counties, and recognition of the legal status of nonminor dependents as adults, as well as changes to data tracking and reporting requirements as required by the Child Welfare System Improvement and Accountability Act as specified in Section 10601.2, and federal outcome measures as required by the federal John H. Chafee Foster Care Independence Program (42 U.S.C. Sec. 677(f)). In addition, the department, in its consultation with stakeholders, shall define the supervised independent living setting which shall include, but not be limited to, apartment living, room and board arrangements, college or university dormitories, and shared roommate settings, and define how those settings meet health and safety standards suitable for nonminors. The department, in its consultation with stakeholders, shall define the six-month certification of the conditions of eligibility pursuant to subdivision (b) to be consistent with the flexibility provided by federal policy guidance, to ensure that there are ample supports for a nonminor to achieve the goals of his or her transition independent living case plan. The department, in its consultation with stakeholders, shall ensure that notices of action and other forms created to inform the nonminor of due process rights and how to access them shall be developed, using language consistent with the special needs of the nonminor dependent population.
(j)Notwithstanding the Administrative Procedure Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department shall prepare for implementation of the applicable provisions of this section by publishing, after consultation with the stakeholders listed in subdivision (i), all-county letters or similar instructions from the director by October 1, 2011, to be effective January 1, 2012. Emergency regulations to implement the applicable provisions of this act may be adopted by the director in accordance with the Administrative Procedure Act. The initial adoption of the emergency regulations and one readoption of the emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the first readoption of those emergency regulations shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days.
SEC. 3.To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
All matter omitted in this version of the bill appears in the bill as amended in the Senate, June 21, 2018. (JR11)It is the intent of the Legislature in enacting this act to do both of the following:
(a)To ensure that a nonminor is eligible for extended foster care after he or she attains 18 years of age if he or she was subject to a foster care order on his or her 18th birthday pursuant to Section 319 of the Welfare and Institutions Code, the court has found that he or she is a person described by Section 300 of the Welfare and Institutions Code, and it is not safe for the nonminor to reside in the home of his or her parent or guardian.
(b)To ensure that a nonminor who is otherwise eligible to reenter extended foster care is not precluded from reentry because his or her guardian or adoptive parent continues to collect benefits on behalf of the nonminor without providing ongoing support.
SEC. 2.Section 303 of the Welfare and Institutions Code is amended to read:303.(a)The court may retain jurisdiction over any person who is found to be a ward or a dependent child of the juvenile court until the ward or dependent child attains 21 years of age.
(b)The court shall have within its jurisdiction any nonminor dependent, as defined in subdivision (v) of Section 11400. The court may terminate its dependency, delinquency, or transition jurisdiction over the nonminor dependent between the time the nonminor reaches the age of majority and 21 years of age. If the court terminates dependency, delinquency, or transition jurisdiction, the nonminor dependent shall remain under the general jurisdiction of the court in order to allow for a petition under subdivision (e) of Section 388.
(c)A nonminor who was under the dependency, delinquency, or transition jurisdiction of the court, who has not yet attained 21 years of age, and who exited foster care at or after the age of majority, may petition the court pursuant to subdivision (e) of Section 388 to resume dependency jurisdiction over himself or herself.
(d)(1)Nothing in this This code, including, but not limited to, Sections 340, 366.27, and 369.5, shall be construed to does not provide legal custody of a person who has attained 18 years of age to the county welfare or probation department or to otherwise abrogate any other rights that a person who has attained 18 years of age may have as an adult under California law. A nonminor dependent shall retain all of his or her legal decisionmaking authority as an adult. The nonminor shall enter into a mutual agreement for placement, as described in subdivision (u) of Section 11400, unless the nonminor dependent is incapable of making an informed agreement, or a voluntary reentry agreement, as described in subdivision (z) of Section 11400, for placement and care in which the nonminor consents to placement and care in a setting supervised by, and under the responsibility of, the county child welfare services department, the county probation department, or Indian tribe, tribal organization, or consortium of tribes that entered into an agreement pursuant to Section 10553.1.
(2)A nonminor dependent who remains under delinquency jurisdiction in order to complete his or her rehabilitative goals and is under a foster care placement order is not required to complete the mutual agreement as described in subdivision (u) of Section 11400. His or her adult decisionmaking authority may be limited by and subject to the care, supervision, custody, conduct, and maintenance orders as described in Section 727.
(e)Unless otherwise specified, the rights of a dependent child and the responsibilities of the county welfare or probation department, or tribe, and other entities, toward the child and family, shall also apply to nonminor dependents.
(f)The court shall assume transition jurisdiction pursuant to Section 450 over a person notwithstanding a court order vacating the underlying adjudication pursuant to Section 236.14 of the Penal Code. On or before January 1, 2019, the Judicial Council shall amend and adopt rules of court and develop appropriate forms to implement this subdivision.
SEC. 3.Section 355 of the Welfare and Institutions Code is amended to read:355.(a)At the jurisdictional hearing, the court shall first consider only the question whether the minor is a person described by Section 300. Any legally admissible evidence that is relevant to the circumstances or acts that are alleged to bring the minor within the jurisdiction of the juvenile court is admissible and may be received in evidence. Proof by a preponderance of evidence must be adduced to support a finding that the minor is a person described by Section 300. Objections that could have been made to evidence introduced shall be deemed to have been made by a parent or guardian who is present at the hearing and unrepresented by counsel, unless the court finds that the parent or guardian has made a knowing and intelligent waiver of the right to counsel. Objections that could have been made to evidence introduced shall be deemed to have been made by an unrepresented child.
(b)A social study prepared by the petitioning agency, and hearsay evidence contained in it, is admissible and constitutes competent evidence upon which a finding of jurisdiction pursuant to Section 300 may be based, to the extent allowed by subdivisions (c) and (d).
(1)For purposes of this section, social study means any written report furnished to the juvenile court and to all parties or their counsel by the county probation or welfare department in any matter involving the custody, status, or welfare of a minor in a dependency proceeding pursuant to Article 6 (commencing with Section 300) to Article 12 (commencing with Section 385), inclusive.
(2)The preparer of the social study shall be made available for cross-examination upon a timely request by a party. The court may deem the preparer available for cross-examination if it determines that the preparer is on telephone standby and can be present in court within a reasonable time of the request.
(3)The court may grant a reasonable continuance not to exceed 10 days upon request by any party if the social study is not provided to the parties or their counsel within a reasonable time before the hearing.
(c)(1)If a party to the jurisdictional hearing raises a timely objection to the admission of specific hearsay evidence contained in a social study, the specific hearsay evidence shall not be sufficient by itself to support a jurisdictional finding or any ultimate fact upon which a jurisdictional finding is based, unless the petitioner establishes one or more of the following exceptions:
(A)The hearsay evidence would be admissible in any civil or criminal proceeding under any statutory or decisional exception to the prohibition against hearsay.
(B)The hearsay declarant is a minor under 12 years of age who is the subject of the jurisdictional hearing. However, the hearsay statement of a minor under 12 years of age shall not be admissible if the objecting party establishes that the statement is unreliable because it was the product of fraud, deceit, or undue influence.
(C)The hearsay declarant is a peace officer as defined by Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, a health practitioner described in paragraphs (21) to (28), inclusive, of subdivision (a) of Section 11165.7 of the Penal Code, a social worker licensed pursuant to Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code, or a teacher who holds a credential pursuant to Chapter 2 (commencing with Section 44200) of Part 25 of Division 3 of Title 2 of the Education Code. For the purpose of this subdivision, evidence in a declaration is admissible only to the extent that it would otherwise be admissible under this section or if the declarant were present and testifying in court.
(D)The hearsay declarant is available for cross-examination. For purposes of this section, the court may deem a witness available for cross-examination if it determines that the witness is on telephone standby and can be present in court within a reasonable time of a request to examine the witness.
(2)For purposes of this subdivision, an objection is timely if it identifies with reasonable specificity the disputed hearsay evidence and it gives the petitioner a reasonable period of time to meet the objection prior to a contested hearing.
(d)This section shall not be construed to does not limit the right of a party to the jurisdictional hearing to subpoena a witness whose statement is contained in the social study or to introduce admissible evidence relevant to the weight of the hearsay evidence or the credibility of the hearsay declarant.
(e)(1)The court is not precluded from finding that a person is described by Section 300 on the sole basis that the person has turned will turn 18 years of age prior to adjudication and disposition of the petition, if the court has made prima facie findings before the person turned 18 years of age that he or she comes within Section 300 and that continuance in the home of the parent would be contrary to the welfare of the child pursuant to Section 319. petition.
(2)A person described in paragraph (1) may be deemed a child for purposes of determining jurisdiction under Section 300 if the nonminor agrees to submit to the jurisdiction of the court. If the nonminor does not submit to jurisdiction, the court shall dismiss the Section 300 petition.SEC. 4.Section 356 of the Welfare and Institutions Code is amended to read:356.(a)After hearing the evidence, the court shall make a finding, noted in the minutes of the court, whether or not the minor is a person described by Section 300 and the specific subdivisions of Section 300 under which the petition is sustained. If it finds that the minor is not such a person, it shall order that the petition be dismissed and the minor be discharged from any detention or restriction theretofore ordered. If the court finds that the minor is such a person, it shall make and enter its findings and order accordingly.
(b)If a timely appeal is taken, or other appellate relief is sought, from an order dismissing a petition pursuant to subdivision (a) or Section 390, upon reversal of the order to dismiss the petition, the appellate court or the juvenile court may enter a subsequent order sustaining the petition in accordance with subdivision (a) notwithstanding that the minor has reached 18 years of age. If a court enters an order sustaining the petition pursuant to this subdivision, it shall be deemed effective as of the date of the order of dismissal from which the relief was granted.
SEC. 5.Section 358 of the Welfare and Institutions Code is amended to read:358.(a)After finding that a child is a person described in Section 300, the court shall hear evidence on the question of the proper disposition to be made of the child. Prior to making a finding required by this section, the court may continue the hearing on its own motion, the motion of the parent or guardian, or the motion of the child, as follows:
(1)If the child is detained during the continuance, and the social worker is not alleging that subdivision (b) of Section 361.5 is applicable, the continuance shall not exceed 10 judicial days. The court may make an order for detention of the child or for the childs release from detention, during the period of continuance, as is appropriate.
(2)If the child is not detained during the continuance, the continuance shall not exceed 30 days after the date of the finding pursuant to Section 356. However, the court may, for cause, continue the hearing for an additional 15 days.
(3)If the social worker is alleging that subdivision (b) of Section 361.5 is applicable, the court shall continue the proceedings for a period not to exceed 30 days. The social worker shall notify each parent of the content of subdivision (b) of Section 361.5 and shall inform each parent that if the court does not order reunification a permanency planning hearing will be held, and that his or her parental rights may be terminated within the timeframes specified by law.
(b)(1)Before determining the appropriate disposition, the court shall receive in evidence the social study of the child made by the social worker, any study or evaluation made by a child advocate appointed by the court, and other relevant and material evidence as may be offered, including, but not limited to, the willingness of the caregiver to provide legal permanency for the child if reunification is unsuccessful. In any judgment and order of disposition, the court shall specifically state that the social study made by the social worker and the study or evaluation made by the child advocate appointed by the court, if there be any, has been read and considered by the court in arriving at its judgment and order of disposition. Any social study or report submitted to the court by the social worker shall include the individual childs case plan developed pursuant to Section 16501.1.
(2)Whenever a child is removed from a parents or guardians custody, the court shall make a finding as to whether the social worker has exercised due diligence in conducting the investigation, as required pursuant to paragraph (1) of subdivision (e) of Section 309, to identify, locate, and notify the childs relatives, including both maternal and paternal relatives.
(3)When making the determination required pursuant to paragraph (2), the court may consider, among other examples of due diligence, the extent to which the social worker has complied with paragraph (1) of subdivision (e) of Section 309, and has done any of the following:
(A)Asked the child, in an age-appropriate manner and consistent with the childs best interest, about his or her relatives.
(B)Obtained information regarding the location of the childs relatives.
(C)Reviewed the childs case file for any information regarding the childs relatives.
(D)Telephoned, emailed, or visited all identified relatives.
(E)Asked located relatives for the names and locations of other relatives.
(F)Used Internet search tools to locate relatives identified as supports.
(c)If the court finds that a child is described by subdivision (h) of Section 300 or that subdivision (b) of Section 361.5 may be applicable, the court shall conduct the dispositional proceeding pursuant to subdivision (c) of Section 361.5.
(d)If the court finds that a nonminor is a person described in Section 300, the court shall conduct a hearing pursuant to subdivision (c) of Section 361.6 within 10 court days.(d)If the court finds that a child is a person described by Section 300, and the child turns 18 years of age prior to the dispositional proceeding, the court shall conduct the dispositional proceeding pursuant to subdivision (c) of Section 361.6.
SEC. 6.Section 361.6 of the Welfare and Institutions Code is amended to read:361.6.(a)There shall be a hearing for a nonminor who was found to be a person described in Section 300. At the hearing, the court shall advise the parties of their right to be present.
(b)At least two calendar days before the hearing described in subdivision (a), the social worker shall file a report with the court describing the current need for court supervision and intervention. The report shall address all of the following:
(1)Whether the nonminor is able to safely reside in the home of the parent or guardian.
(2)Whether it is in the nonminors best interest to remain in foster care.
(3)Whether the nonminor intends to satisfy at least one of the eligibility criteria described in Section 11403.
(c)(1)At the hearing described in subdivision (a), the court shall determine all of the following:
(A)Whether it is in the nonminors best interest to remain in foster care.
(B)Whether reasonable efforts were made to meet the youths needs prior to placement into foster care.
(C)Whether the nonminor dependent is able to safely reside in the home of the parent or guardian.
(D)Whether the nonminor intends to satisfy at least one of the eligibility criteria specified in Section 11403.
(2)(A)If the court finds that it is in the best interest of the nonminor to remain in foster care, that the nonminor is not able to safely reside in the home of the parent or guardian, and that the nonminor intends to satisfy at least one of the eligibility criteria specified in Section 11403, the court shall declare the person a nonminor dependent and order all of the following:
(i)That placement and care shall be the responsibility of the county child welfare agency.
(ii)That a permanent plan for the nonminor dependent shall be created.
(iii)That a transitional independent living case plan shall be developed within 60 days.
(B)The court shall set, within six months, a review hearing under Section 366.31 for the nonminor dependent.
(3)If the court finds that it is not in the best interest of the nonminor to remain in foster care, that the nonminor is able to safely reside in the home of the parent or guardian, or that the nonminor does not intend to satisfy at least one of the eligibility criteria specified in Section 11403, the court shall set a hearing pursuant to Section 391.
(d)Notwithstanding any other law, the court may order family reunification services to continue for a nonminor dependent, as defined in subdivision (v) of Section 11400, if the nonminor dependent and parent, parents, or legal guardian are in agreement and the court finds that the continued provision of court-ordered family reunification services is in the best interests of the nonminor dependent and there is a substantial probability that the nonminor dependent will be able to safely reside in the home of the parent or guardian by the next review hearing. The continuation of the court-ordered reunification services shall not exceed the timeframes as set forth in Section 361.5. If the nonminor dependent or parent, parents, or legal guardian are not in agreement, or the court finds there is not a substantial probability that the nonminor will be able to safely reside in the home of the parent or guardian, the court shall terminate family reunification services to the parents or guardian. The nonminor dependents legal status as an adult is, in and of itself, a compelling reason not to hold a hearing pursuant to Section 366.26. The court may order that a nonminor dependent who is otherwise eligible for AFDC-FC benefits pursuant to Section 11403 remain in a planned, permanent living arrangement.
(e)Any motion to terminate court-ordered family reunification services for a nonminor dependent prior to the hearing set pursuant to Section 366.31 shall be made pursuant to subdivision (c) of Section 388.
(f)An order terminating court-ordered family reunification services under this section shall not be considered evidence of a condition required for the filing of a petition to terminate a parents or legal guardians court-ordered family reunification services with the nonminor dependents sibling or half-sibling under subdivision (c) of Section 388.
(g)An order terminating court-ordered family reunification services under this section shall not be used to deny family reunification services to a parent or legal guardian for a nonminor dependents sibling or half-sibling under subdivision (b) of Section 361.5.
(h)The continuation of court-ordered family reunification services under this section does not affect the nonminors eligibility for extended foster care benefits as a nonminor dependent as defined in subdivision (v) of Section 11400. The reviews conducted for any nonminor dependent shall be held pursuant to Section 366.31.
SEC. 7.Section 388 of the Welfare and Institutions Code is amended to read:388.(a)(1)Any parent or other person having an interest in a child who is a dependent child of the juvenile court or a nonminor dependent as defined in subdivision (v) of Section 11400, or the child himself or herself or the nonminor dependent through a properly appointed guardian may, upon grounds of change of circumstance or new evidence, petition the court in the same action in which the child was found to be a dependent child of the juvenile court or in which a guardianship was ordered pursuant to Section 360 for a hearing to change, modify, or set aside any order of court previously made or to terminate the jurisdiction of the court. The petition shall be verified and, if made by a person other than the child or the nonminor dependent shall state the petitioners relationship to or interest in the child or the nonminor dependent and shall set forth in concise language any change of circumstance or new evidence that is alleged to require the change of order or termination of jurisdiction.
(2)When any party, including a child who is a dependent of the juvenile court, petitions the court prior to an order terminating parental rights, to modify the order that reunification services were not needed pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, or to modify any orders related to custody or visitation of the subject child, and the court orders a hearing pursuant to subdivision (d), the court shall modify the order that reunification services were not needed pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, or any orders related to the custody or visitation of the child for whom reunification services were not ordered pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, only if the court finds by clear and convincing evidence that the proposed change is in the best interests of the child.
(b)(1)Any person, including a child or a nonminor dependent who is a dependent of the juvenile court, may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child who is, or is the subject of a petition for adjudication as, a dependent of the juvenile court, and may request visitation with the dependent child, placement with or near the dependent child, or consideration when determining or implementing a case plan or permanent plan for the dependent child or make any other request for an order which may be shown to be in the best interest of the dependent child.
(2)A child or nonminor dependent who is a dependent of the juvenile court may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child who is in the physical custody of a common legal or biological parent, and may request visitation with the nondependent sibling in parental custody.
(3)Pursuant to subdivision (b) of Section 16002, a request for sibling visitation may be granted unless it is determined by the court that sibling visitation is contrary to the safety and well-being of any of the siblings.
(4)The court may appoint a guardian ad litem to file the petition for a dependent child asserting a sibling relationship pursuant to this subdivision if the court determines that the appointment is necessary for the best interests of the dependent child. The petition shall be verified and shall set forth the following:
(A)Through which parent he or she is related to the sibling.
(B)Whether he or she is related to the sibling by blood, adoption, or affinity.
(C)The request or order that the petitioner is seeking.
(D)Why that request or order is in the best interest of the dependent child.
(c)(1)Any party, including a child who is a dependent of the juvenile court, may petition the court, prior to the hearing set pursuant to subdivision (f) of Section 366.21 for a child described by subparagraph (A) of paragraph (1) of subdivision (a) of Section 361.5, or prior to the hearing set pursuant to subdivision (e) of Section 366.21 for a child described by subparagraph (B) or (C) of paragraph (1) of subdivision (a) of Section 361.5, to terminate court-ordered reunification services provided under subdivision (a) of Section 361.5 only if one of the following conditions exists:
(A)It appears that a change of circumstance or new evidence exists that satisfies a condition set forth in subdivision (b) or (e) of Section 361.5 justifying termination of court-ordered reunification services.
(B)The action or inaction of the parent or guardian creates a substantial likelihood that reunification will not occur, including, but not limited to, the parents or guardians failure to visit the child, or the failure of the parent or guardian to participate regularly and make substantive progress in a court-ordered treatment plan.
(2)In determining whether the parent or guardian has failed to visit the child or participate regularly or make progress in the treatment plan, the court shall consider factors that include but are not limited to, the parents or guardians incarceration, institutionalization, detention by the United States Department of Homeland Security, deportation, or participation in a court-ordered residential substance abuse treatment program.
(3)The court shall terminate reunification services during the above-described time periods only upon a finding by a preponderance of evidence that reasonable services have been offered or provided, and upon a finding of clear and convincing evidence that one of the conditions in subparagraph (A) or (B) of paragraph (1) exists.
(4)Any party, including a nonminor dependent, as defined in subdivision (v) of Section 11400, may petition the court prior to the review hearing set pursuant to subdivision (d) of Section 366.31 to terminate the continuation of court-ordered family reunification services for a nonminor dependent who has attained 18 years of age. The court shall terminate family reunification services to the parent or guardian if the nonminor dependent or parent or guardian are not in agreement that the continued provision of court-ordered family reunification services is in the best interests of the nonminor dependent.
(5)If the court terminates reunification services, it shall order that a hearing pursuant to Section 366.26 be held within 120 days. On and after January 1, 2012, a hearing pursuant to Section 366.26 shall not be ordered if the child is a nonminor dependent. The court may order a nonminor dependent who is otherwise eligible to AFDC-FC benefits pursuant to Section 11403 to remain in a planned, permanent living arrangement.
(d)If it appears that the best interests of the child or the nonminor dependent may be promoted by the proposed change of order, modification of reunification services, custody, or visitation orders concerning a child for whom reunification services were not ordered pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, recognition of a sibling relationship, termination of jurisdiction, or clear and convincing evidence supports revocation or termination of court-ordered reunification services, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to the persons and in the manner prescribed by Section 386, and, in those instances in which the manner of giving notice is not prescribed by those sections, then in the manner the court prescribes.
(e)(1)(A)A nonminor who attained 18 years of age while subject to an order for foster care placement and who has not attained 21 years of age, or as described in Section 10103.5, for whom the court has dismissed dependency jurisdiction pursuant to Section 391, or delinquency jurisdiction pursuant to Section 607.2, or transition jurisdiction pursuant to Section 452, but has retained general jurisdiction under subdivision (b) of Section 303, or the county child welfare services, probation department, or tribal placing agency on behalf of the nonminor, may petition the court in the same action in which the child was found to be a dependent or delinquent child of the juvenile court, for a hearing to resume the dependency jurisdiction over a former dependent or to assume or resume transition jurisdiction over a former delinquent ward pursuant to Section 450. The petition shall be filed within the period that the nonminor is of the age described in this paragraph. If the nonminor has completed the voluntary reentry agreement, as described in subdivision (z) of Section 11400, with the placing agency, the agency shall file the petition on behalf of the nonminor within 15 judicial days of the date the agreement was signed unless the nonminor elects to file the petition at an earlier date. For purposes of this subdivision, a foster care placement includes a temporary order for foster care placement pursuant to Section 319 if the person was declared a nonminor dependent pursuant to paragraph (2) of subdivision (c) of Section 361.6.
(B)The petition may be brought notwithstanding a court order vacating the underlying adjudication pursuant to Section 236.14 of the Penal Code.
(2)(A)The petition to resume jurisdiction may be filed in the juvenile court that retains general jurisdiction under subdivision (b) of Section 303, or the petition may be submitted to the juvenile court in the county where the youth resides and forwarded to the juvenile court that retained general jurisdiction and filed with that court. The juvenile court having general jurisdiction under Section 303 shall receive the petition from the court where the petition was submitted within five court days of its submission, if the petition is filed in the county of residence. The juvenile court that retained general jurisdiction shall order that a hearing be held within 15 judicial days of the date the petition was filed if there is a prima facie showing that the nonminor satisfies the following criteria:
(i)He or she was previously under juvenile court jurisdiction, subject to an order for foster care placement when he or she attained 18 years of age, and has not attained 21 years of age.
(ii)He or she intends to satisfy at least one of the conditions set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403.
(iii)He or she wants assistance either in maintaining or securing appropriate supervised placement, or is in need of immediate placement and agrees to supervised placement pursuant to the voluntary reentry agreement as described in subdivision (z) of Section 11400.
(B)Upon ordering a hearing, the court shall give prior notice, or cause prior notice to be given, to the persons and by the means prescribed by Section 386, except that notice to parents or former guardians shall not be provided unless the nonminor requests, in writing on the face of the petition, notice to the parents or former guardians.
(3)The Judicial Council, by January 1, 2012, shall adopt rules of court to allow for telephonic appearances by nonminor former dependents or delinquents in these proceedings, and for telephonic appearances by nonminor dependents in any proceeding in which the nonminor dependent is a party, and he or she declines to appear and elects a telephonic appearance.
(4)Prior to the hearing on a petition to resume dependency jurisdiction or to assume or resume transition jurisdiction, the court shall order the county child welfare or probation department to prepare a report for the court addressing whether the nonminor intends to satisfy at least one of the criteria set forth in subdivision (b) of Section 11403. When the recommendation is for the nonminor dependent to be placed in a setting where minor dependents also reside, the results of a background check of the petitioning nonminor conducted pursuant to Section 16504.5, 16504.5 may be used by the placing agency to determine appropriate placement options for the nonminor. The existence of a criminal conviction is not a bar to eligibility for reentry or resumption of dependency jurisdiction or the assumption or resumption of transition jurisdiction over a nonminor.
(5)(A)The court shall resume dependency jurisdiction over a former dependent or assume or resume transition jurisdiction over a former delinquent ward pursuant to Section 450, and order that the nonminors placement and care be under the responsibility of the county child welfare services department, the probation department, tribe, consortium of tribes, or tribal organization, if the court finds all of the following:
(i)The nonminor was previously under juvenile court jurisdiction, subject to an order for foster care placement when he or she attained 18 years of age.
(ii)The nonminor has not attained 21 years of age.
(iii)Reentry and remaining in foster care are in the nonminors best interests.
(iv)The nonminor intends to satisfy, and agrees to satisfy, at least one of the criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, and demonstrates his or her agreement to placement in a supervised setting under the placement and care responsibility of the placing agency and to satisfy the criteria by signing the voluntary reentry agreement as described in subdivision (z) of Section 11400.
(B)In no event shall the court grant a continuance that would cause the hearing to resume dependency jurisdiction or to assume or resume transition jurisdiction to be completed more than 120 days after the date the petition was filed.
(C)The agency made responsible for the nonminors placement and care pursuant to subparagraph (A) shall prepare a new transitional independent living case plan within 60 calendar days from the date the nonminor signed the voluntary reentry agreement as described in subdivision (z) of Section 11400 and submit it to the court for the review hearing under Section 366.31, to be held within 70 days of the resumption of dependency jurisdiction or assumption or resumption of transition jurisdiction. In no event shall the review hearing under Section 366.3 be held more than 170 calendar days from the date the nonminor signed the voluntary reentry agreement.
SEC. 8.Section 388.1 of the Welfare and Institutions Code is amended to read:388.1.(a)On and after January 1, 2014, a nonminor who has not attained 21 years of age may petition the court in which he or she was previously found to be a dependent or delinquent child of the juvenile court for a hearing to determine whether to assume dependency jurisdiction over the nonminor, if he or she meets any of the following descriptions:
(1)He or she is a nonminor former dependent, as defined in subdivision (aa) of Section 11400, who received or was eligible to receive aid after attaining 18 years of age under Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, or pursuant to subdivision (e) of Section 11405, and whose former guardian or guardians died after the nonminor attained 18 years of age, but before he or she attains 21 years of age.
(2)He or she is a nonminor former dependent, as defined in subdivision (aa) of Section 11400, who received or was eligible to receive aid after attaining 18 years of age under Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, or pursuant to subdivision (e) of Section 11405, and whose former guardian or guardians no longer provide ongoing support to the nonminor after the nonminor attained 18 years of age, but before he or she attains 21 years of age.
(3)He or she is a nonminor who received or was eligible to receive adoption assistance payments after attaining 18 years of age pursuant to Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9 and his or her adoptive parent or parents died after the nonminor attained 18 years of age, but before he or she attains 21 years of age.
(4)He or she is a nonminor who received or was eligible to receive adoption assistance payments after attaining 18 years of age pursuant to Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9 and his or her adoptive parent or parents no longer provide ongoing support to the nonminor after the nonminor attained 18 years of age, but before he or she attains 21 years of age.
(b)(1)The petition to assume jurisdiction may be filed in either of the following:
(A)The juvenile court that established the guardianship pursuant to Section 360, Section 366.26, or subdivision (d) of Section 728.
(B)The juvenile court that had jurisdiction over the minor or nonminor dependent when his or her adoption was finalized.
(2)A nonminor described in subdivision (a) may submit a petition to assume dependency jurisdiction to the juvenile court in the county where he or she resides. A petition submitted pursuant to this paragraph shall, within five days of submission, be forwarded to the court that had jurisdiction over the child at the time of the guardianship or adoption. The clerk of the court that had jurisdiction over the child at the time of the guardianship or adoption shall file the petition within one judicial day of receipt.
(c)(1)The juvenile court in which the petition was filed shall order a hearing to be held within 15 judicial days of the date the petition was filed if there is a prima facie showing that the nonminor satisfies all of the following criteria:
(A)He or she was a minor under juvenile court jurisdiction at the time of the establishment of a guardianship pursuant to Section 360, Section 366.26, or subdivision (d) of Section 728, or he or she was a minor or nonminor dependent when his or her adoption was finalized.
(B)(i)His or her guardian or guardians, or adoptive parent or parents, as applicable, died after the nonminor attained 18 years of age, but before he or she attained 21 years of age.
(ii)His or her guardian or guardians, or adoptive parent or parents, as applicable, no longer provide ongoing support to the nonminor after the nonminor attained 18 years of age, but before he or she attained 21 years of age, and it may be in the nonminors best interest for the court to assume dependency jurisdiction.
(C)He or she intends to satisfy at least one of the conditions set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403.
(D)He or she is requesting assistance in maintaining or securing appropriate supervised placement, or needs immediate placement and agrees to supervised placement pursuant to the voluntary reentry agreement described in subdivision (z) of Section 11400.
(2)Upon ordering a hearing, the court shall give notice, at least three days prior to the hearing, to the nonminor, the appropriate child welfare agency or probation department, the nonminors adoptive parent or parents, or guardian or guardians, and any other person requested by the nonminor in the petition.
(3)Pursuant to applicable rules of court, the juvenile court shall allow for telephonic appearances by the nonminor in these proceedings and in any proceeding in which the nonminor dependent is a party.
(4)Prior to the hearing, the court shall order the county child welfare or probation department to prepare a report for the court that addresses both of the following:
(A)The nonminors plans to satisfy at least one of the criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403.
(B)The appropriate placement setting for the nonminor. When the recommendation is for the nonminor to be placed in a setting where minor dependents also reside, the results of a background check of the petitioning nonminor conducted pursuant to Section 16504.5 may be used by the placing agency to determine appropriate placement options for him or her.
(5)The court shall assume dependency jurisdiction over a former dependent or ward, and order his or her placement and care be under the responsibility of the county child welfare services department, the probation department, tribe, consortium of tribes, or tribal organization, if the court finds all of the following:
(A)The nonminor was a minor under juvenile court jurisdiction at the time of the establishment of a guardianship pursuant to Section 360, Section 366.26, or subdivision (d) of Section 728, or he or she was a dependent at the time his or her adoption was finalized.
(B)The nonminors guardian or guardians, or adoptive parent or parents, as applicable, have died, or no longer provide ongoing support to the nonminor, and it is in the nonminors best interests for the court to assume dependency jurisdiction.
(C)The nonminor has not attained 21 years of age.
(D)Reentry and remaining in foster care are in the nonminors best interests.
(E)The nonminor intends to satisfy, and agrees to satisfy, at least one of the criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, and demonstrates his or her agreement to placement in a supervised setting under the placement and care responsibility of the placing agency by signing the voluntary reentry agreement described in subdivision (z) of Section 11400.
(6)The existence of a criminal conviction is not a bar to eligibility for reentry to foster care or assumption of dependency jurisdiction over a nonminor.
(7)The court shall not grant a continuance that would cause the hearing to be completed more than 120 days after the date the petition is filed.
(d)The agency made responsible for the nonminors placement and care pursuant to paragraph (5) of subdivision (c) shall prepare a new transitional independent living case plan within 60 calendar days of the date the nonminor signs the voluntary reentry agreement and shall submit the plan to the court for the review hearing specified in Section 366.31, to be held within 70 days of the assumption of dependency jurisdiction. The review hearing under Section 366.31 shall not be held more than 170 calendar days from the date the nonminor signs the voluntary reentry agreement.
(e)(1) A nonminor described in subdivision (a) may enter into a voluntary reentry agreement as defined in subdivision (z) of Section 11400 in order to establish eligibility for foster care benefits under subdivision (e) of Section 11401 before or after filing a petition to assume dependency jurisdiction if either of the following apply:
(A)The nonminors guardian or guardians, or adoptive parent or parents, as applicable, have died.
(B)The nonminors guardian or guardians, or adoptive parent or parents, are no longer providing ongoing support and are no longer receiving payment on behalf of the nonminor.
(2)If the nonminor enters into a voluntary reentry agreement prior to filing the petition, the nonminor is entitled to placement and supervision pending the courts assumption of jurisdiction.
(3)If the nonminor completes a voluntary reentry agreement with a placing agency, the placing agency shall file the petition to assume dependency jurisdiction on behalf of the nonminor within 15 judicial days of the date the agreement is signed, unless the nonminor elects to file the petition at an earlier date.
SEC. 9.Section 11400 of the Welfare and Institutions Code is amended to read:11400.For purposes of this article, and Article 6 (commencing with Section 11450), the following definitions shall apply:
(a)Aid to Families with Dependent Children-Foster Care (AFDC-FC) means the aid provided on behalf of needy children in foster care under the terms of this division.
(b)Case plan means a written document that, at a minimum, specifies the type of home in which the child shall be placed, the safety of that home, and the appropriateness of that home to meet the childs needs. It shall also include the agencys plan for ensuring that the child receive proper care and protection in a safe environment, and shall set forth the appropriate services to be provided to the child, the childs family, and the foster parents, in order to meet the childs needs while in foster care, and to reunify the child with the childs family. In addition, the plan shall specify the services that will be provided or steps that will be taken to facilitate an alternate permanent plan if reunification is not possible.
(c)Certified family home means an individual or family certified by a licensed foster family agency and issued a certificate of approval by that agency as meeting licensing standards, and used exclusively by that foster family agency for placements.
(d)Family home means the family residence of a licensee in which 24-hour care and supervision are provided for children.
(e)Small family home means any residential facility, in the licensees family residence, which provides 24-hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities.
(f)Foster care means the 24-hour out-of-home care provided to children whose own families are unable or unwilling to care for them, and who are in need of temporary or long-term substitute parenting.
(g)Foster family agency means a licensed community care facility, as defined in paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code. Private foster family agencies shall be organized and operated on a nonprofit basis.
(h)Group home means a nondetention privately operated residential home, organized and operated on a nonprofit basis only, of any capacity, or a nondetention licensed residential care home operated by the County of San Mateo with a capacity of up to 25 beds, that accepts children in need of care and supervision in a group home, as defined by paragraph (13) of subdivision (a) of Section 1502 of the Health and Safety Code.
(i)Periodic review means review of a childs status by the juvenile court or by an administrative review panel, that shall include a consideration of the safety of the child, a determination of the continuing need for placement in foster care, evaluation of the goals for the placement and the progress toward meeting these goals, and development of a target date for the childs return home or establishment of alternative permanent placement.
(j)Permanency planning hearing means a hearing conducted by the juvenile court in which the childs future status, including whether the child shall be returned home or another permanent plan shall be developed, is determined.
(k)Placement and care refers to the responsibility for the welfare of a child vested in an agency or organization by virtue of the agency or organization having (1) been delegated care, custody, and control of a child by the juvenile court, (2) taken responsibility, pursuant to a relinquishment or termination of parental rights on a child, (3) taken the responsibility of supervising a child detained by the juvenile court pursuant to Section 319 or 636, or (4) signed a voluntary placement agreement for the childs placement; or to the responsibility designated to an individual by virtue of his or her being appointed the childs legal guardian.
(l)Preplacement preventive services means services that are designed to help children remain with their families by preventing or eliminating the need for removal.
(m)Relative means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words great, great-great, or grand or the spouse of any of these persons even if the marriage was terminated by death or dissolution.
(n)Nonrelative extended family member means an adult caregiver who has an established familial or mentoring relationship with the child, as described in Section 362.7.
(o)Voluntary placement means an out-of-home placement of a child by (1) the county welfare department, probation department, or Indian tribe that has entered into an agreement pursuant to Section 10553.1, after the parents or guardians have requested the assistance of the county welfare department and have signed a voluntary placement agreement, or (2) the county welfare department licensed public or private adoption agency, or the department acting as an adoption agency, after the parents have requested the assistance of either the county welfare department, the licensed public or private adoption agency, or the department acting as an adoption agency for the purpose of adoption planning, and have signed a voluntary placement agreement.
(p)Voluntary placement agreement means a written agreement between either the county welfare department, probation department, or Indian tribe that has entered into an agreement pursuant to Section 10553.1, licensed public or private adoption agency, or the department acting as an adoption agency, and the parents or guardians of a child that specifies, at a minimum, the following:
(1)The legal status of the child.
(2)The rights and obligations of the parents or guardians, the child, and the agency in which the child is placed.
(q)Original placement date means the most recent date on which the court detained a child and ordered an agency to be responsible for supervising the child or the date on which an agency assumed responsibility for a child due to termination of parental rights, relinquishment, or voluntary placement.
(r)(1)Transitional housing placement provider means an organization licensed by the State Department of Social Services pursuant to Section 1559.110 of the Health and Safety Code to provide supervised transitional housing services to foster children who are at least 16 years of age. A transitional housing placement provider shall be privately operated and organized on a nonprofit basis.
(2)Prior to licensure, a provider shall obtain certification from the applicable county, in accordance with Section 16522.1.
(s)Transitional Housing Program-Plus means a provider certified by the applicable county, in accordance with subdivision (c) of Section 16522, to provide transitional housing services to former foster youth who have exited the foster care system on or after their 18th birthday.
(t)Whole family foster home means a resource family, licensed foster family home, approved relative caregiver or nonrelative extended family members home, the home of a nonrelated legal guardian whose guardianship was established pursuant to Section 360 or 366.26, certified family home, or a host family of a transitional housing placement provider, that provides foster care for a minor or nonminor dependent parent and his or her child, and is specifically recruited and trained to assist the minor or nonminor dependent parent in developing the skills necessary to provide a safe, stable, and permanent home for his or her child. The child of the minor or nonminor dependent parent need not be the subject of a petition filed pursuant to Section 300 to qualify for placement in a whole family foster home.
(u)Mutual agreement means any of the following:
(1)A written voluntary agreement of consent for continued placement and care in a supervised setting between a minor or, on and after January 1, 2012, a nonminor dependent, and the county welfare services or probation department or tribal agency responsible for the foster care placement, that documents the nonminors continued willingness to remain in supervised out-of-home placement under the placement and care of the responsible county, tribe, consortium of tribes, or tribal organization that has entered into an agreement with the state pursuant to Section 10553.1, remain under the jurisdiction of the juvenile court as a nonminor dependent, and report any change of circumstances relevant to continued eligibility for foster care payments, and that documents the nonminors and social workers or probation officers agreement to work together to facilitate implementation of the mutually developed supervised placement agreement and transitional independent living case plan.
(2)An agreement, as described in paragraph (1), between a nonminor former dependent or ward in receipt of Kin-GAP payments under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), and the agency responsible for the Kin-GAP benefits, provided that the nonminor former dependent or ward satisfies the conditions described in Section 11403.01, or one or more of the conditions described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403. For purposes of this paragraph and paragraph (3), nonminor former dependent or ward has the same meaning as described in subdivision (aa).
(3)An agreement, as described in paragraph (1), between a nonminor former dependent or ward in receipt of AFDC-FC payments under subdivision (e) or (f) of Section 11405 and the agency responsible for the AFDC-FC benefits, provided that the nonminor former dependent or ward described in subdivision (e) of Section 11405 satisfies one or more of the conditions described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, and the nonminor described in subdivision (f) of Section 11405 satisfies the secondary school or equivalent training or certificate program conditions described in that subdivision.
(v)Nonminor dependent means, on and after January 1, 2012, a foster child, as described in Section 675(8)(B) of Title 42 of the United States Code under the federal Social Security Act who is a current dependent child or ward of the juvenile court, or who is a nonminor under the transition jurisdiction of the juvenile court, as described in Section 450, and who satisfies all of the following criteria:
(1)He or she has attained 18 years of age while under an order of foster care placement by the juvenile court, or has attained 18 years of age while under a temporary order for foster care placement pursuant to Section 319 and was declared a nonminor dependent pursuant to paragraph (2) of subdivision (c) of Section 361.6.
(2)He or she is in foster care under the placement and care responsibility of the county welfare department, county probation department, Indian tribe, consortium of tribes, or tribal organization that entered into an agreement pursuant to Section 10553.1.
(3)He or she has a transitional independent living case plan pursuant to Section 475(8) of the federal Social Security Act (42 U.S.C. Sec. 675(8)), as contained in the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351), as described in Section 11403, or the court has ordered the development of a transitional independent living case plan under subdivision (c) of Section 361.6.
(w)Supervised independent living placement means, on and after January 1, 2012, an independent supervised setting, as specified in a nonminor dependents transitional independent living case plan, in which the youth is living independently, pursuant to Section 472(c)(2) of the federal Social Security Act (42 U.S.C. Sec. 672(c)(2)).
(x)Supervised independent living setting, pursuant to Section 472(c)(2) of the federal Social Security Act (42 U.S.C. Sec. 672(c)(2)), includes both a supervised independent living placement, as defined in subdivision (w), and a residential housing unit certified by the transitional housing placement provider operating a Transitional Housing Placement program for nonminor dependents, as described in paragraph (2) of subdivision (a) of Section 16522.1.
(y)Transitional independent living case plan means, on or after January 1, 2012, a childs case plan submitted for the last review hearing held before he or she reaches 18 years of age or the nonminor dependents case plan, updated every six months, that describes the goals and objectives of how the nonminor will make progress in the transition to living independently and assume incremental responsibility for adult decisionmaking, the collaborative efforts between the nonminor and the social worker, probation officer, or Indian tribal placing entity and the supportive services as described in the transitional independent living plan (TILP) to ensure active and meaningful participation in one or more of the eligibility criteria described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, the nonminors appropriate supervised placement setting, and the nonminors permanent plan for transition to living independently, which includes maintaining or obtaining permanent connections to caring and committed adults, as set forth in paragraph (16) of subdivision (f) of Section 16501.1.
(z)Voluntary reentry agreement means a written voluntary agreement between a former dependent child or ward or a former nonminor dependent, who has had juvenile court jurisdiction terminated pursuant to Section 391, 452, or 607.2, and the county welfare or probation department or tribal placing entity that documents the nonminors desire and willingness to reenter foster care, to be placed in a supervised setting under the placement and care responsibility of the placing agency, the nonminors desire, willingness, and ability to immediately participate in one or more of the conditions of paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, the nonminors agreement to work collaboratively with the placing agency to develop his or her transitional independent living case plan within 60 days of reentry, the nonminors agreement to report any changes of circumstances relevant to continued eligibility for foster care payments, and (1) the nonminors agreement to participate in the filing of a petition for juvenile court jurisdiction as a nonminor dependent pursuant to subdivision (e) of Section 388 within 15 judicial days of the signing of the agreement and the placing agencys efforts and supportive services to assist the nonminor in the reentry process, or (2) if the nonminor meets the definition of a nonminor former dependent or ward, as described in subdivision (aa), the nonminors agreement to return to the care and support of his or her former juvenile court-appointed guardian and meet the eligibility criteria for AFDC-FC pursuant to subdivision (e) of Section 11405.
(aa)Nonminor former dependent or ward means, on and after January 1, 2012, either of the following:
(1)A nonminor who reached 18 years of age while subject to an order for foster care placement, or who reached 18 years of age while under a temporary order for foster care placement pursuant to Section 319 and was declared a nonminor dependent pursuant to paragraph (2) of subdivision (c) of Section 361.6, and for whom dependency, delinquency, or transition jurisdiction has been terminated, and who is still under the general jurisdiction of the court.
(2)A nonminor who is over 18 years of age and, while a minor, was a dependent child or ward of the juvenile court when the guardianship was established pursuant to Section 360 or 366.26, or subdivision (d) of Section 728, and the juvenile court dependency or wardship was dismissed following the establishment of the guardianship.
(ab)Runaway and homeless youth shelter means a type of group home, as defined in paragraph (14) of subdivision (a) of Section 1502 of the Health and Safety Code, that is not an eligible placement option under Sections 319, 361.2, 450, and 727, and that is not eligible for AFDC-FC funding pursuant to subdivision (c) of Section 11402 or Section 11462.
(ac)Transition dependent is a minor between 17 years and five months and 18 years of age who is subject to the courts transition jurisdiction under Section 450.
(ad)Short-term residential therapeutic program means a nondetention, licensed community care facility, as defined in paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code, that provides an integrated program of specialized and intensive care and supervision, services and supports, and treatment for the child or youth, when the childs or youths case plan specifies the need for, nature of, and anticipated duration of this specialized treatment. Short-term residential therapeutic programs shall be organized and operated on a nonprofit basis.
(ae)Resource family means an approved caregiver, as defined in subdivision (c) of Section 16519.5.
(af)Core Services mean services, made available to children, youth, and nonminor dependents either directly or secured through agreement with other agencies, which are trauma informed and culturally relevant as specified in Sections 11462 and 11463.
SEC. 10.Section 11403 of the Welfare and Institutions Code is amended to read:11403.(a)It is the intent of the Legislature to exercise the option afforded states under Section 475(8) (42 U.S.C. Sec. 675(8)), and Section 473(a)(4) (42 U.S.C. Sec. 673(a)(4)) of the federal Social Security Act, as contained in the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351), to receive federal financial participation for nonminor dependents of the juvenile court who satisfy the conditions of subdivision (b), consistent with their transitional independent living case plan. Effective January 1, 2012, these nonminor dependents shall be eligible to receive support up to 19 years of age, effective January 1, 2013, up to 20 years of age, and effective January 1, 2014, up to 21 years of age, consistent with their transitional independent living case plan and as described in Section 10103.5. It is the intent of the Legislature both at the time of initial determination of the nonminor dependents eligibility and throughout the time the nonminor dependent is eligible for aid pursuant to this section, that the social worker or probation officer or Indian tribal placing entity and the nonminor dependent shall work together to ensure the nonminor dependents ongoing eligibility. All case planning shall be a collaborative effort between the nonminor dependent and the social worker, probation officer, or Indian tribe, with the nonminor dependent assuming increasing levels of responsibility and independence.
(b)A nonminor dependent receiving aid pursuant to this chapter, who satisfies the age criteria set forth in subdivision (a), shall meet the legal authority for placement and care by being under a foster care placement order by the juvenile court, or the voluntary reentry agreement as set forth in subdivision (z) of Section 11400, and is otherwise eligible for AFDC-FC payments pursuant to Section 11401. A nonminor who satisfies the age criteria set forth in subdivision (a), and who is otherwise eligible, shall continue to receive CalWORKs payments pursuant to Section 11253, Approved Relative Caregiver Funding Program benefits pursuant to Section 11461.3, or, as a nonminor former dependent or ward, aid pursuant to Kin-GAP under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) or adoption assistance payments as specified in Chapter 2.1 (commencing with Section 16115) of Part 4. Effective January 1, 2012, a nonminor former dependent child or ward of the juvenile court who is otherwise eligible to receive AFDC-FC benefits pursuant to Section 11405 and who satisfies the criteria set forth in subdivision (a) shall be eligible to receive aid as long as the nonminor is otherwise eligible for AFDC-FC benefits under this subdivision. This subdivision applies when one or more of the following conditions exist:
(1)The nonminor is completing secondary education or a program leading to an equivalent credential.
(2)The nonminor is enrolled in an institution which provides postsecondary or vocational education.
(3)The nonminor is participating in a program or activity designed to promote, or remove barriers to employment.
(4)The nonminor is employed for at least 80 hours per month.
(5)The nonminor is incapable of doing any of the activities described in paragraphs (1) to (4), inclusive, due to a medical condition, and that incapability is supported by regularly updated information in the case plan of the nonminor. The requirement to update the case plan under this section shall not apply to nonminor former dependents or wards in receipt of Kin-GAP program or Adoption Assistance Program payments.
(c)The county child welfare or probation department, Indian tribe, consortium of tribes, or tribal organization that has entered into an agreement pursuant to Section 10553.1, shall work together with a nonminor dependent who is in foster care on his or her 18th birthday and thereafter or a nonminor former dependent receiving aid pursuant to Section 11405, to satisfy one or more of the conditions described in paragraphs (1) to (5), inclusive, of subdivision (b) and shall certify the nonminors applicable condition or conditions in the nonminors six-month transitional independent living case plan update, and provide the certification to the eligibility worker and to the court at each six-month case plan review hearing for the nonminor dependent. Relative guardians who receive Kin-GAP payments and adoptive parents who receive adoption assistance payments shall be responsible for reporting to the county welfare agency that the nonminor does not satisfy at least one of the conditions described in subdivision (b). The social worker, probation officer, or tribal entity shall verify and obtain assurances that the nonminor dependent continues to satisfy at least one of the conditions in paragraphs (1) to (5), inclusive, of subdivision (b) at each six-month transitional independent living case plan update. The six-month case plan update shall certify the nonminors eligibility pursuant to subdivision (b) for the next six-month period. During the six-month certification period, the payee and nonminor shall report any change in placement or other relevant changes in circumstances that may affect payment. The nonminor dependent, or nonminor former dependent receiving aid pursuant to subdivision (e) of Section 11405, shall be informed of all due process requirements, in accordance with state and federal law, prior to an involuntary termination of aid, and shall simultaneously be provided with a written explanation of how to exercise his or her due process rights and obtain referrals to legal assistance. Any notices of action regarding eligibility shall be sent to the nonminor dependent or former dependent, his or her counsel, as applicable, and the placing worker, in addition to any other payee. Payments of aid pursuant to Kin-GAP under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), adoption assistance payments as specified in Chapter 2.1 (commencing with Section 16115) of Part 4, or aid pursuant to subdivision (e) of Section 11405 that are made on behalf of a nonminor former dependent shall terminate subject to the terms of the agreements. Subject to federal approval of amendments to the state plan, aid payments may be suspended and resumed based on changes of circumstances that affect eligibility. Nonminor former dependents, as identified in paragraph (2) of subdivision (aa) of Section 11400, are not eligible for reentry under subdivision (e) of Section 388 as nonminor dependents under the jurisdiction of the juvenile court, but may be eligible for reentry pursuant to Section 388.1 if (1) the nonminor former dependent was receiving or was eligible to receive aid pursuant to Kin-GAP under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), the nonminor former dependent was receiving or was eligible to receive aid pursuant to subdivision (e) of Section 11405, or the nonminor was receiving or was eligible to receive adoption assistance payments as specified in Chapter 2.1 (commencing with Section 16115) of Part 3, and (2) the nonminors former guardian or adoptive parent dies, or no longer provides ongoing support to the nonminor after the nonminor turns 18 years of age but before the nonminor turns 21 years of age. Nonminor former dependents requesting the resumption of AFDC-FC payments pursuant to subdivision (e) of Section 11405 shall complete the applicable portions of the voluntary reentry agreement, as described in subdivision (z) of Section 11400.
(d)A nonminor dependent may receive all of the payment directly provided that the nonminor is living independently in a supervised placement, as described in subdivision (w) of Section 11400, and that both the youth and the agency responsible for the foster care placement have signed a mutual agreement, as defined in subdivision (u) of Section 11400, if the youth is capable of making an informed agreement, that documents the continued need for supervised out-of-home placement, and the nonminors and social workers or probation officers agreement to work together to facilitate implementation of the mutually developed supervised placement agreement and transitional independent living case plan.
(e)Eligibility for aid under this section shall not terminate until the nonminor dependent attains the age criteria, as set forth in subdivision (a), but aid may be suspended when the nonminor dependent no longer resides in an eligible facility, as described in Section 11402, or is otherwise not eligible for AFDC-FC benefits under Section 11401, or terminated at the request of the nonminor, or after a court terminates dependency jurisdiction pursuant to Section 391, delinquency jurisdiction pursuant to Section 607.2, or transition jurisdiction pursuant to Section 452. AFDC-FC benefits to nonminor dependents, dependents may be resumed at the request of the nonminor by completing a voluntary reentry agreement pursuant to subdivision (z) of Section 11400, before or after the filing of a petition filed pursuant to subdivision (e) of Section 388 after a court terminates dependency or transitional jurisdiction pursuant to Section 391, 391 or delinquency jurisdiction pursuant to Section 607.2. The county welfare or probation department or Indian tribal entity that has entered into an agreement pursuant to Section 10553.1 shall complete the voluntary reentry agreement with the nonminor who agrees to satisfy the criteria of the agreement, as described in subdivision (z) of Section 11400. The county welfare department or tribal entity shall establish a new child-only Title IV-E eligibility determination based on the nonminors completion of the voluntary reentry agreement pursuant to Section 11401. The beginning date of aid for either federal or state AFDC-FC for a reentering nonminor who is placed in foster care is the date the voluntary reentry agreement is signed or the nonminor is placed, whichever is later. The county welfare department, county probation department, or tribal entity shall provide a nonminor dependent who wishes to continue receiving aid with the assistance necessary to meet and maintain eligibility.
(f)(1)The county having jurisdiction of the nonminor dependent shall remain the county of payment under this section regardless of the youths physical residence. Nonminor former dependents receiving aid pursuant to subdivision (e) of Section 11405 shall be paid by their county of residence. Counties may develop courtesy supervision agreements to provide case management and independent living services by the county of residence pursuant to the nonminor dependents transitional independent living case plan. Placements made out of state are subject to the applicable requirements of the Interstate Compact on Placement of Children, pursuant to Part 5 (commencing with Section 7900) of Division 12 of the Family Code.
(2)The county welfare department, county probation department, or tribal entity shall notify all foster youth who attain 16 years of age and are under the jurisdiction of that county or tribe, including those receiving Kin-GAP, and AAP, of the existence of the aid prescribed by this section.
(3)The department shall seek any waiver to amend its Title IV-E State Plan with the Secretary of the United States Department of Health and Human Services necessary to implement this section.
(g)(1)Subject to paragraph (3), a county shall pay the nonfederal share of the cost of extending aid pursuant to this section to eligible nonminor dependents who have reached 18 years of age and who are under the jurisdiction of the county, including AFDC-FC payments pursuant to Section 11401, aid pursuant to Kin-GAP under Article 4.7 (commencing with Section 11385), adoption assistance payments as specified in Chapter 2.1 (commencing with Section 16115) of Part 4, and aid pursuant to Section 11405 for nonminor dependents who are residing in the county as provided in paragraph (1) of subdivision (f). A county shall contribute to the CalWORKs payments pursuant to Section 11253 and aid pursuant to Kin-GAP under Article 4.5 (commencing with Section 11360) at the statutory sharing ratios in effect on January 1, 2012.
(2)Subject to paragraph (3), a county shall pay the nonfederal share of the cost of providing permanent placement services pursuant to subdivision (c) of Section 16508 and administering the Aid to Families with Dependent Children Foster Care program pursuant to Section 15204.9. For purposes of budgeting, the department shall use a standard for the permanent placement services that is equal to the midpoint between the budgeting standards for family maintenance services and family reunification services.
(3)(A)(i)Notwithstanding any other law, a countys required total contribution pursuant to paragraphs (1) and (2), excluding costs incurred pursuant to Section 10103.5, shall not exceed the amount of savings in Kin-GAP assistance grant expenditures realized by the county from the receipt of federal funds due to the implementation of Article 4.7 (commencing with Section 11385), and the amount of funding specifically included in the Protective Services Subaccount within the Support Services Account within the Local Revenue Fund 2011, plus any associated growth funding from the Support Services Growth Subaccount within the Sales and Use Tax Growth Account to pay the costs of extending aid pursuant to this section.
(ii)A county, at its own discretion, may expend additional funds beyond the amounts identified in clause (i). These additional amounts shall not be included in any cost and savings calculations or comparisons performed pursuant to this section.
(B)Beginning in the 201112 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code. In addition, the following are available to the counties for the purpose of funding costs pursuant to this section:
(i)The savings in Kin-GAP assistance grant expenditures realized from the receipt of federal funds due to the implementation of Article 4.7 (commencing with Section 11385).
(ii)The savings realized from the change in federal funding for adoption assistance resulting from the enactment of Public Law 110-351 and consistent with subdivision (d) of Section 16118.
(4)(A)The limit on the countys total contribution pursuant to paragraph (3) shall be assessed by the State Department of Social Services, in conjunction with the California State Association of Counties, in 201516, to determine if it shall be removed. The assessment of the need for the limit shall be based on a determination on a statewide basis of whether the actual county costs of providing extended care pursuant to this section, excluding costs incurred pursuant to Section 10103.5, are fully funded by the amount of savings in Kin-GAP assistance grant expenditures realized by the counties from the receipt of federal funds due to the implementation of Article 4.7 (commencing with Section 11385) and the amount of funding specifically included in the Protective Services Subaccount within the Support Services Account within the Local Revenue Fund 2011 plus any associated growth funding from the Support Services Growth Subaccount within the Sales and Use Tax Growth Account to pay the costs of extending aid pursuant to this section.
(B)If the assessment pursuant to subparagraph (A) shows that the statewide total costs of extending aid pursuant to this section, excluding costs incurred pursuant to Section 10103.5, are fully funded by the amount of savings in Kin-GAP assistance grant expenditures realized by the counties from the receipt of federal funds due to the implementation of Article 4.7 (commencing with Section 11385) and the amount of funding specifically included in the Protective Services Subaccount within the Support Services Account within the Local Revenue Fund 2011 plus any associated growth funding from the Support Services Growth Subaccount within the Sales and Use Tax Growth Account to pay the costs of extending aid pursuant to this section, the Department of Finance shall certify that fact, in writing, and shall post the certification on its Internet Web site, at which time subparagraph (A) of paragraph (3) shall no longer be implemented.
(h)It is the intent of the Legislature that a county currently participating in the Child Welfare Demonstration Capped Allocation Project not be adversely impacted by the departments exercise of its option to extend foster care benefits pursuant to Section 673(a)(4) and Section 675(8) of Title 42 of the United States Code in the federal Social Security Act, as contained in the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351). Therefore, the department shall negotiate with the United States Department of Health and Human Services on behalf of those counties that are currently participating in the demonstration project to ensure that those counties receive reimbursement for these new programs outside of the provisions of those counties waiver under Subtitle IV-E (commencing with Section 470) of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.).
(i)The department, on or before July 1, 2013, shall develop regulations to implement this section in consultation with concerned stakeholders, including, but not limited to, representatives of the Legislature, the County Welfare Directors Association, the Chief Probation Officers of California, the Judicial Council, representatives of Indian tribes, the California Youth Connection, former foster youth, child advocacy organizations, labor organizations, juvenile justice advocacy organizations, foster caregiver organizations, and researchers. In the development of these regulations, the department shall consider its Manual of Policy and Procedures, Division 30, Chapter 30-912, 913, 916, and 917, as guidelines for developing regulations that are appropriate for young adults who can exercise incremental responsibility concurrently with their growth and development. The department, in its consultation with stakeholders, shall take into consideration the impact to the Automated Child Welfare Services Case Management Services (CWS-CMS) and required modifications needed to accommodate eligibility determination under this section, benefit issuance, case management across counties, and recognition of the legal status of nonminor dependents as adults, as well as changes to data tracking and reporting requirements as required by the Child Welfare System Improvement and Accountability Act as specified in Section 10601.2, and federal outcome measures as required by the federal John H. Chafee Foster Care Independence Program (42 U.S.C. Sec. 677(f)). In addition, the department, in its consultation with stakeholders, shall define the supervised independent living setting which shall include, but not be limited to, apartment living, room and board arrangements, college or university dormitories, and shared roommate settings, and define how those settings meet health and safety standards suitable for nonminors. The department, in its consultation with stakeholders, shall define the six-month certification of the conditions of eligibility pursuant to subdivision (b) to be consistent with the flexibility provided by federal policy guidance, to ensure that there are ample supports for a nonminor to achieve the goals of his or her transition independent living case plan. The department, in its consultation with stakeholders, shall ensure that notices of action and other forms created to inform the nonminor of due process rights and how to access them shall be developed, using language consistent with the special needs of the nonminor dependent population.
(j)Notwithstanding the Administrative Procedure Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department shall prepare for implementation of the applicable provisions of this section by publishing, after consultation with the stakeholders listed in subdivision (i), all-county letters or similar instructions from the director by October 1, 2011, to be effective January 1, 2012. Emergency regulations to implement the applicable provisions of this act may be adopted by the director in accordance with the Administrative Procedure Act. The initial adoption of the emergency regulations and one readoption of the emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the first readoption of those emergency regulations shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days.
SEC. 11.To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
It is the intent of the Legislature in enacting this act to do both of the following:
(a)To ensure that a nonminor is eligible for extended foster care after he or she attains 18 years of age if he or she was subject to a foster care order on his or her 18th birthday pursuant to Section 319 of the Welfare and Institutions Code, and it is not safe for the nonminor to reside in the home of his or her parent or guardian.
(b)To ensure that a nonminor who is otherwise eligible to reenter extended foster care is not precluded from reentry because his or her guardian or adoptive parent continues to collect benefits on behalf of the nonminor without providing ongoing support.
SEC. 2.Section 303 of the Welfare and Institutions Code is amended to read:303.(a)The court may retain jurisdiction over any person who is found to be a ward or a dependent child of the juvenile court until the ward or dependent child attains 21 years of age.
(b)The court shall have within its jurisdiction any nonminor dependent, as defined in subdivision (v) of Section 11400. The court may terminate its dependency, delinquency, or transition jurisdiction over the nonminor dependent between the time the nonminor reaches the age of majority and 21 years of age. If the court terminates dependency, delinquency, or transition jurisdiction, the nonminor dependent shall remain under the general jurisdiction of the court in order to allow for a petition under subdivision (e) of Section 388.
(c)A nonminor who was under the dependency, delinquency, or transition jurisdiction of the court, who has not yet attained 21 years of age age, and who exited foster care at or after the age of majority, may petition the court pursuant to subdivision (e) of Section 388 to resume dependency jurisdiction over himself or herself or to assume transition jurisdiction over himself or herself pursuant to Section 450. herself.
(d)(1)Nothing in this code, including, but not limited to, Sections 340, 366.27, and 369.5, shall be construed to provide legal custody of a person who has attained 18 years of age to the county welfare or probation department or to otherwise abrogate any other rights that a person who has attained 18 years of age may have as an adult under California law. A nonminor dependent shall retain all of his or her legal decisionmaking authority as an adult. The nonminor shall enter into a mutual agreement for placement, as described in subdivision (u) of Section 11400, unless the nonminor dependent is incapable of making an informed agreement, or a voluntary reentry agreement, as described in subdivision (z) of Section 11400, for placement and care in which the nonminor consents to placement and care in a setting supervised by, and under the responsibility of, the county child welfare services department, the county probation department, or Indian tribe, tribal organization, or consortium of tribes that entered into an agreement pursuant to Section 10553.1.
(2)A nonminor dependent who remains under delinquency jurisdiction in order to complete his or her rehabilitative goals and is under a foster care placement order is not required to complete the mutual agreement as described in subdivision (u) of Section 11400. His or her adult decisionmaking authority may be limited by and subject to the care, supervision, custody, conduct, and maintenance orders as described in Section 727.
(e)Unless otherwise specified, the rights of a dependent child and the responsibilities of the county welfare or probation department, or tribe, and other entities, toward the child and family, shall also apply to nonminor dependents.
(f)The court shall assume transition jurisdiction pursuant to Section 450 over a person notwithstanding a court order vacating the underlying adjudication pursuant to Section 236.14 of the Penal Code. On or before January 1, 2019, the Judicial Council shall amend and adopt rules of court and develop appropriate forms to implement this subdivision.
SEC. 3.Section 355 of the Welfare and Institutions Code is amended to read:355.(a)At the jurisdictional hearing, the court shall first consider only the question whether the minor is a person described by Section 300. Any legally admissible evidence that is relevant to the circumstances or acts that are alleged to bring the minor within the jurisdiction of the juvenile court is admissible and may be received in evidence. Proof by a preponderance of evidence must be adduced to support a finding that the minor is a person described by Section 300. Objections that could have been made to evidence introduced shall be deemed to have been made by a parent or guardian who is present at the hearing and unrepresented by counsel, unless the court finds that the parent or guardian has made a knowing and intelligent waiver of the right to counsel. Objections that could have been made to evidence introduced shall be deemed to have been made by an unrepresented child.
(b)A social study prepared by the petitioning agency, and hearsay evidence contained in it, is admissible and constitutes competent evidence upon which a finding of jurisdiction pursuant to Section 300 may be based, to the extent allowed by subdivisions (c) and (d).
(1)For purposes of this section, social study means any written report furnished to the juvenile court and to all parties or their counsel by the county probation or welfare department in any matter involving the custody, status, or welfare of a minor in a dependency proceeding pursuant to Article 6 (commencing with Section 300) to Article 12 (commencing with Section 385), inclusive.
(2)The preparer of the social study shall be made available for cross-examination upon a timely request by a party. The court may deem the preparer available for cross-examination if it determines that the preparer is on telephone standby and can be present in court within a reasonable time of the request.
(3)The court may grant a reasonable continuance not to exceed 10 days upon request by any party if the social study is not provided to the parties or their counsel within a reasonable time before the hearing.
(c)(1)If a party to the jurisdictional hearing raises a timely objection to the admission of specific hearsay evidence contained in a social study, the specific hearsay evidence shall not be sufficient by itself to support a jurisdictional finding or any ultimate fact upon which a jurisdictional finding is based, unless the petitioner establishes one or more of the following exceptions:
(A)The hearsay evidence would be admissible in any civil or criminal proceeding under any statutory or decisional exception to the prohibition against hearsay.
(B)The hearsay declarant is a minor under 12 years of age who is the subject of the jurisdictional hearing. However, the hearsay statement of a minor under 12 years of age shall not be admissible if the objecting party establishes that the statement is unreliable because it was the product of fraud, deceit, or undue influence.
(C)The hearsay declarant is a peace officer as defined by Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, a health practitioner described in paragraphs (21) to (28), inclusive, of subdivision (a) of Section 11165.7 of the Penal Code, a social worker licensed pursuant to Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code, or a teacher who holds a credential pursuant to Chapter 2 (commencing with Section 44200) of Part 25 of Division 3 of Title 2 of the Education Code. For the purpose of this subdivision, evidence in a declaration is admissible only to the extent that it would otherwise be admissible under this section or if the declarant were present and testifying in court.
(D)The hearsay declarant is available for cross-examination. For purposes of this section, the court may deem a witness available for cross-examination if it determines that the witness is on telephone standby and can be present in court within a reasonable time of a request to examine the witness.
(2)For purposes of this subdivision, an objection is timely if it identifies with reasonable specificity the disputed hearsay evidence and it gives the petitioner a reasonable period of time to meet the objection prior to a contested hearing.
(d)This section shall not be construed to limit the right of a party to the jurisdictional hearing to subpoena a witness whose statement is contained in the social study or to introduce admissible evidence relevant to the weight of the hearsay evidence or the credibility of the hearsay declarant.
(e)(1)The court is not precluded from finding that a person is described by Section 300 on the sole basis that the person has turned 18 years of age prior to adjudication and disposition of the petition, if the court has made prima facie findings before the person turned 18 years of age that he or she comes within Section 300 and that continuance in the home of the parent would be contrary to the welfare of the child pursuant to Section 319.
(2)A person described in paragraph (1) may be deemed a child for purposes of determining jurisdiction under Section 300 if the nonminor agrees to submit to the jurisdiction of the court. If the nonminor does not submit to jurisdiction, the court shall dismiss the Section 300 petition.
SEC. 4.Section 356 of the Welfare and Institutions Code is amended to read:356.(a)After hearing the evidence, the court shall make a finding, noted in the minutes of the court, whether or not the minor is a person described by Section 300 and the specific subdivisions of Section 300 under which the petition is sustained. If it finds that the minor is not such a person, it shall order that the petition be dismissed and the minor be discharged from any detention or restriction theretofore ordered. If the court finds that the minor is such a person, it shall make and enter its findings and order accordingly.
(b)If a timely appeal is taken, or other appellate relief sought, from an order dismissing a petition pursuant to subdivision (a) or Section 390, upon reversal of the order to dismiss the petition, the appellate court or the juvenile court may enter a subsequent order sustaining the petition in accordance with subdivision (a) notwithstanding that the minor has reached 18 years of age. If a court enters an order sustaining the petition pursuant to this subdivision, it shall be deemed effective as of the date of the order of dismissal from which the relief was granted.
SEC. 5.Section 358 of the Welfare and Institutions Code is amended to read:358.(a)After finding that a child is a person described in Section 300, the court shall hear evidence on the question of the proper disposition to be made of the child. Prior to making a finding required by this section, the court may continue the hearing on its own motion, the motion of the parent or guardian, or the motion of the child, as follows:
(1)If the child is detained during the continuance, and the social worker is not alleging that subdivision (b) of Section 361.5 is applicable, the continuance shall not exceed 10 judicial days. The court may make an order for detention of the child or for the childs release from detention, during the period of continuance, as is appropriate.
(2)If the child is not detained during the continuance, the continuance shall not exceed 30 days after the date of the finding pursuant to Section 356. However, the court may, for cause, continue the hearing for an additional 15 days.
(3)If the social worker is alleging that subdivision (b) of Section 361.5 is applicable, the court shall continue the proceedings for a period not to exceed 30 days. The social worker shall notify each parent of the content of subdivision (b) of Section 361.5 and shall inform each parent that if the court does not order reunification a permanency planning hearing will be held, and that his or her parental rights may be terminated within the timeframes specified by law.
(b)(1)Before determining the appropriate disposition, the court shall receive in evidence the social study of the child made by the social worker, any study or evaluation made by a child advocate appointed by the court, and other relevant and material evidence as may be offered, including, but not limited to, the willingness of the caregiver to provide legal permanency for the child if reunification is unsuccessful. In any judgment and order of disposition, the court shall specifically state that the social study made by the social worker and the study or evaluation made by the child advocate appointed by the court, if there be any, has been read and considered by the court in arriving at its judgment and order of disposition. Any social study or report submitted to the court by the social worker shall include the individual childs case plan developed pursuant to Section 16501.1.
(2)Whenever a child is removed from a parents or guardians custody, the court shall make a finding as to whether the social worker has exercised due diligence in conducting the investigation, as required pursuant to paragraph (1) of subdivision (e) of Section 309, to identify, locate, and notify the childs relatives, including both maternal and paternal relatives.
(3)When making the determination required pursuant to paragraph (2), the court may consider, among other examples of due diligence, the extent to which the social worker has complied with paragraph (1) of subdivision (e) of Section 309, and has done any of the following:
(A)Asked the child, in an age-appropriate manner and consistent with the childs best interest, about his or her relatives.
(B)Obtained information regarding the location of the childs relatives.
(C)Reviewed the childs case file for any information regarding the childs relatives.
(D)Telephoned, emailed, or visited all identified relatives.
(E)Asked located relatives for the names and locations of other relatives.
(F)Used Internet search tools to locate relatives identified as supports.
(c)If the court finds that a child is described by subdivision (h) of Section 300 or that subdivision (b) of Section 361.5 may be applicable, the court shall conduct the dispositional proceeding pursuant to subdivision (c) of Section 361.5.
(d)If the court finds that a nonminor is a person described in Section 300, the court shall conduct a hearing pursuant to subdivision (c) of Section 361.6 within 10 court days.
SEC. 6.Section 361.6 of the Welfare and Institutions Code is amended to read:361.6.(a)Notwithstanding There shall be a hearing for a nonminor who was found to be a person described in Section 300. At the hearing, the court shall advise the parties of their right to be present.
(b)At least two calendar days before the hearing described in subdivision (a), the social worker shall file a report with the court describing the current need for court supervision and intervention. The report shall address all of the following:
(1)Whether the nonminor is able to safely reside in the home of the parent or guardian.
(2)Whether it is in the nonminors best interest to remain in foster care.
(3)Whether the nonminor intends to satisfy at least one of the eligibility criteria described in Section 11403.
(c)(1)At the hearing described in subdivision (a), the court shall determine all of the following:
(A)Whether it is in the nonminors best interest to remain in foster care.
(B)Whether reasonable efforts were made to meet the youths needs prior to placement into foster care.
(C)Whether the nonminor dependent is able to safely reside in the home of the parent or guardian.
(D)Whether the nonminor intends to satisfy at least one of the eligibility criteria specified in Section 11403.
(2)(A)If the court finds that it is in the best interest of the nonminor to remain in foster care, that the nonminor is not able to safely reside in the home of the parent or guardian, and that the nonminor intends to satisfy at least one of the eligibility criteria specified in Section 11403, the court shall declare the person a nonminor dependent and order all of the following:
(i)That placement and care shall be the responsibility of the county child welfare agency.
(ii)That a permanent plan for the nonminor dependent shall be created.
(iii)That a transitional independent living case plan shall be developed within 60 days.
(B)The court shall set, within six months, a review hearing under Section 366.31 for the nonminor dependent.
(3)If the court finds that it is not in the best interest of the nonminor to remain in foster care, that the nonminor is able to safely reside in the home of the parent or guardian, or that the nonminor does not intend to satisfy at least one of the eligibility criteria specified in Section 11403, the court shall set a hearing pursuant to Section 391.
(d)Notwithstanding any other law, the court may order family reunification services to continue for a nonminor dependent, as defined in subdivision (v) of Section 11400, if the nonminor dependent and parent, parents, or legal guardian are in agreement and the court finds that the continued provision of court-ordered family reunification services is in the best interests of the nonminor dependent and there is a substantial probability that the nonminor dependent will be able to safely reside in the home of the parent or guardian by the next review hearing. The continuation of the court-ordered reunification services shall not exceed the timeframes as set forth in Section 361.5. If the nonminor dependent or parent, parents, or legal guardian are not in agreement, or the court finds there is not a substantial probability that the nonminor will be able to safely reside in the home of the parent or guardian, the court shall terminate family reunification services to the parents or guardian. The nonminor dependents legal status as an adult is, in and of itself, a compelling reason not to hold a hearing pursuant to Section 366.26. The court may order that a nonminor dependent who is otherwise eligible for AFDC-FC benefits pursuant to Section 11403 remain in a planned, permanent living arrangement.
(b)(e)Any motion to terminate court-ordered family reunification services for a nonminor dependent prior to the hearing set pursuant to Section 366.31 shall be made pursuant to subdivision (c) of Section 388.
(c)(f)An order terminating court-ordered family reunification services under this section shall not be considered evidence of a condition required for the filing of a petition to terminate a parents or legal guardians court-ordered family reunification services with the nonminor dependents sibling or half-sibling under subdivision (c) of Section 388.
(d)(g)An order terminating court-ordered family reunification services under this section shall not be used to deny family reunification services to a parent or legal guardian for a nonminor dependents sibling or half-sibling under subdivision (b) of Section 361.5.
(e)(h)The continuation of court-ordered family reunification services under this section does not affect the nonminors eligibility for extended foster care benefits as a nonminor dependent as defined in subdivision (v) of Section 11400. The reviews conducted for any nonminor dependent shall be held pursuant to Section 366.31.
SEC. 7.Section 388 of the Welfare and Institutions Code is amended to read:388.(a)(1)Any parent or other person having an interest in a child who is a dependent child of the juvenile court or a nonminor dependent as defined in subdivision (v) of Section 11400, or the child himself or herself or the nonminor dependent through a properly appointed guardian may, upon grounds of change of circumstance or new evidence, petition the court in the same action in which the child was found to be a dependent child of the juvenile court or in which a guardianship was ordered pursuant to Section 360 for a hearing to change, modify, or set aside any order of court previously made or to terminate the jurisdiction of the court. The petition shall be verified and, if made by a person other than the child or the nonminor dependent shall state the petitioners relationship to or interest in the child or the nonminor dependent and shall set forth in concise language any change of circumstance or new evidence that is alleged to require the change of order or termination of jurisdiction.
(2)When any party, including a child who is a dependent of the juvenile court, petitions the court prior to an order terminating parental rights, to modify the order that reunification services were not needed pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, or to modify any orders related to custody or visitation of the subject child, and the court orders a hearing pursuant to subdivision (d), the court shall modify the order that reunification services were not needed pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, or any orders related to the custody or visitation of the child for whom reunification services were not ordered pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, only if the court finds by clear and convincing evidence that the proposed change is in the best interests of the child.
(b)(1)Any person, including a child or a nonminor dependent who is a dependent of the juvenile court, may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child who is, or is the subject of a petition for adjudication as, a dependent of the juvenile court, and may request visitation with the dependent child, placement with or near the dependent child, or consideration when determining or implementing a case plan or permanent plan for the dependent child or make any other request for an order which may be shown to be in the best interest of the dependent child.
(2)A child or nonminor dependent who is a dependent of the juvenile court may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child who is in the physical custody of a common legal or biological parent, and may request visitation with the nondependent sibling in parental custody.
(3)Pursuant to subdivision (b) of Section 16002, a request for sibling visitation may be granted unless it is determined by the court that sibling visitation is contrary to the safety and well-being of any of the siblings.
(4)The court may appoint a guardian ad litem to file the petition for a dependent child asserting a sibling relationship pursuant to this subdivision if the court determines that the appointment is necessary for the best interests of the dependent child. The petition shall be verified and shall set forth the following:
(A)Through which parent he or she is related to the sibling.
(B)Whether he or she is related to the sibling by blood, adoption, or affinity.
(C)The request or order that the petitioner is seeking.
(D)Why that request or order is in the best interest of the dependent child.
(c)(1)Any party, including a child who is a dependent of the juvenile court, may petition the court, prior to the hearing set pursuant to subdivision (f) of Section 366.21 for a child described by subparagraph (A) of paragraph (1) of subdivision (a) of Section 361.5, or prior to the hearing set pursuant to subdivision (e) of Section 366.21 for a child described by subparagraph (B) or (C) of paragraph (1) of subdivision (a) of Section 361.5, to terminate court-ordered reunification services provided under subdivision (a) of Section 361.5 only if one of the following conditions exists:
(A)It appears that a change of circumstance or new evidence exists that satisfies a condition set forth in subdivision (b) or (e) of Section 361.5 justifying termination of court-ordered reunification services.
(B)The action or inaction of the parent or guardian creates a substantial likelihood that reunification will not occur, including, but not limited to, the parents or guardians failure to visit the child, or the failure of the parent or guardian to participate regularly and make substantive progress in a court-ordered treatment plan.
(2)In determining whether the parent or guardian has failed to visit the child or participate regularly or make progress in the treatment plan, the court shall consider factors that include but are not limited to, the parents or guardians incarceration, institutionalization, detention by the United States Department of Homeland Security, deportation, or participation in a court-ordered residential substance abuse treatment program.
(3)The court shall terminate reunification services during the above-described time periods only upon a finding by a preponderance of evidence that reasonable services have been offered or provided, and upon a finding of clear and convincing evidence that one of the conditions in subparagraph (A) or (B) of paragraph (1) exists.
(4)Any party, including a nonminor dependent, as defined in subdivision (v) of Section 11400, may petition the court prior to the review hearing set pursuant to subdivision (d) of Section 366.31 to terminate the continuation of court-ordered family reunification services for a nonminor dependent who has attained 18 years of age. The court shall terminate family reunification services to the parent or guardian if the nonminor dependent or parent or guardian are not in agreement that the continued provision of court-ordered family reunification services is in the best interests of the nonminor dependent.
(5)If the court terminates reunification services, it shall order that a hearing pursuant to Section 366.26 be held within 120 days. On and after January 1, 2012, a hearing pursuant to Section 366.26 shall not be ordered if the child is a nonminor dependent. The court may order a nonminor dependent who is otherwise eligible to AFDC-FC benefits pursuant to Section 11403 to remain in a planned, permanent living arrangement.
(d)If it appears that the best interests of the child or the nonminor dependent may be promoted by the proposed change of order, modification of reunification services, custody, or visitation orders concerning a child for whom reunification services were not ordered pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, recognition of a sibling relationship, termination of jurisdiction, or clear and convincing evidence supports revocation or termination of court-ordered reunification services, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to the persons and in the manner prescribed by Section 386, and, in those instances in which the manner of giving notice is not prescribed by those sections, then in the manner the court prescribes.
(e)(1)(A)A nonminor who attained 18 years of age while subject to an order for foster care placement and who has not attained 21 years of age, or as described in Section 10103.5, for whom the court has dismissed dependency jurisdiction pursuant to Section 391, or delinquency jurisdiction pursuant to Section 607.2, or transition jurisdiction pursuant to Section 452, but has retained general jurisdiction under subdivision (b) of Section 303, or the county child welfare services, probation department, or tribal placing agency on behalf of the nonminor, may petition the court in the same action in which the child was found to be a dependent or delinquent child of the juvenile court, for a hearing to resume the dependency jurisdiction over a former dependent or to assume or resume transition jurisdiction over a former delinquent ward pursuant to Section 450. The petition shall be filed within the period that the nonminor is of the age described in this paragraph. If the nonminor has completed the voluntary reentry agreement, as described in subdivision (z) of Section 11400, with the placing agency, the agency shall file the petition on behalf of the nonminor within 15 judicial days of the date the agreement was signed unless the nonminor elects to file the petition at an earlier date. For purposes of this subdivision, a foster care placement includes a temporary order for foster care placement pursuant to Section 319 if the person was declared a nonminor dependent pursuant to paragraph (2) of subdivision (c) of Section 361.6.
(B)The petition may be brought notwithstanding a court order vacating the underlying adjudication pursuant to Section 236.14 of the Penal Code.
(2)(A)The petition to resume jurisdiction may be filed in the juvenile court that retains general jurisdiction under subdivision (b) of Section 303, or the petition may be submitted to the juvenile court in the county where the youth resides and forwarded to the juvenile court that retained general jurisdiction and filed with that court. The juvenile court having general jurisdiction under Section 303 shall receive the petition from the court where the petition was submitted within five court days of its submission, if the petition is filed in the county of residence. The juvenile court that retained general jurisdiction shall order that a hearing be held within 15 judicial days of the date the petition was filed if there is a prima facie showing that the nonminor satisfies the following criteria:
(i)He or she was previously under juvenile court jurisdiction, subject to an order for foster care placement when he or she attained 18 years of age, and has not attained 21 years of age.
(ii)He or she intends to satisfy at least one of the conditions set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403.
(iii)He or she wants assistance either in maintaining or securing appropriate supervised placement, or is in need of immediate placement and agrees to supervised placement pursuant to the voluntary reentry agreement as described in subdivision (z) of Section 11400.
(B)Upon ordering a hearing, the court shall give prior notice, or cause prior notice to be given, to the persons and by the means prescribed by Section 386, except that notice to parents or former guardians shall not be provided unless the nonminor requests, in writing on the face of the petition, notice to the parents or former guardians.
(3)The Judicial Council, by January 1, 2012, shall adopt rules of court to allow for telephonic appearances by nonminor former dependents or delinquents in these proceedings, and for telephonic appearances by nonminor dependents in any proceeding in which the nonminor dependent is a party, and he or she declines to appear and elects a telephonic appearance.
(4)Prior to the hearing on a petition to resume dependency jurisdiction or to assume or resume transition jurisdiction, the court shall order the county child welfare or probation department to prepare a report for the court addressing whether the nonminor intends to satisfy at least one of the criteria set forth in subdivision (b) of Section 11403. When the recommendation is for the nonminor dependent to be placed in a setting where minor dependents also reside, the results of a background check of the petitioning nonminor conducted pursuant to Section 16504.5, may be used by the placing agency to determine appropriate placement options for the nonminor. The existence of a criminal conviction is not a bar to eligibility for reentry or resumption of dependency jurisdiction or the assumption or resumption of transition jurisdiction over a nonminor.
(5)(A)The court shall resume dependency jurisdiction over a former dependent or assume or resume transition jurisdiction over a former delinquent ward pursuant to Section 450, and order that the nonminors placement and care be under the responsibility of the county child welfare services department, the probation department, tribe, consortium of tribes, or tribal organization, if the court finds all of the following:
(i)The nonminor was previously under juvenile court jurisdiction, subject to an order for foster care placement when he or she attained 18 years of age.
(ii)The nonminor has not attained 21 years of age.
(iii)Reentry and remaining in foster care are in the nonminors best interests.
(iv)The nonminor intends to satisfy, and agrees to satisfy, at least one of the criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, and demonstrates his or her agreement to placement in a supervised setting under the placement and care responsibility of the placing agency and to satisfy the criteria by signing the voluntary reentry agreement as described in subdivision (z) of Section 11400.
(B)In no event shall the court grant a continuance that would cause the hearing to resume dependency jurisdiction or to assume or resume transition jurisdiction to be completed more than 120 days after the date the petition was filed.
(C)The agency made responsible for the nonminors placement and care pursuant to subparagraph (A) shall prepare a new transitional independent living case plan within 60 calendar days from the date the nonminor signed the voluntary reentry agreement as described in subdivision (z) of Section 11400 and submit it to the court for the review hearing under Section 366.31, to be held within 70 days of the resumption of dependency jurisdiction or assumption or resumption of transition jurisdiction. In no event shall the review hearing under Section 366.3 be held more than 170 calendar days from the date the nonminor signed the voluntary reentry agreement.
SEC. 8.Section 388.1 of the Welfare and Institutions Code is amended to read:388.1.(a)On and after January 1, 2014, a nonminor who has not attained 21 years of age may petition the court in which he or she was previously found to be a dependent or delinquent child of the juvenile court for a hearing to determine whether to assume dependency jurisdiction over the nonminor, if he or she meets any of the following descriptions:
(1)He or she is a nonminor former dependent, as defined in subdivision (aa) of Section 11400, who received or was eligible to receive aid after attaining 18 years of age under Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, or pursuant to subdivision (e) of Section 11405, and whose former guardian or guardians died after the nonminor attained 18 years of age, but before he or she attains 21 years of age.
(2)He or she is a nonminor former dependent, as defined in subdivision (aa) of Section 11400, who received or was eligible to receive aid after attaining 18 years of age under Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, or pursuant to subdivision (e) of Section 11405, and whose former guardian or guardians no longer provide ongoing support to, and no longer receive aid on behalf of, to the nonminor after the nonminor attained 18 years of age, but before he or she attains 21 years of age.
(3)He or she is a nonminor who received or was eligible to receive adoption assistance payments after attaining 18 years of age pursuant to Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9 and his or her adoptive parent or parents died after the nonminor attained 18 years of age, but before he or she attains 21 years of age.
(4)He or she is a nonminor who received or was eligible to receive adoption assistance payments after attaining 18 years of age pursuant to Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9 and his or her adoptive parent or parents no longer provide ongoing support to, and no longer receive benefits on behalf of, to the nonminor after the nonminor attained 18 years of age, but before he or she attains 21 years of age.
(b)(1)The petition to assume jurisdiction may be filed in either of the following:
(A)The juvenile court that established the guardianship pursuant to Section 360, Section 366.26, or subdivision (d) of Section 728.
(B)The juvenile court that had jurisdiction over the minor or nonminor dependent when his or her adoption was finalized.
(2)A nonminor described in subdivision (a) may submit a petition to assume dependency jurisdiction to the juvenile court in the county where he or she resides. A petition submitted pursuant to this paragraph shall, within five days of submission, be forwarded to the court that had jurisdiction over the child at the time of the guardianship or adoption. The clerk of the court that had jurisdiction over the child at the time of the guardianship or adoption shall file the petition within one judicial day of receipt.
(c)(1)The juvenile court in which the petition was filed shall order a hearing to be held within 15 judicial days of the date the petition was filed if there is a prima facie showing that the nonminor satisfies all of the following criteria:
(A)He or she was a minor under juvenile court jurisdiction at the time of the establishment of a guardianship pursuant to Section 360, Section 366.26, or subdivision (d) of Section 728, or he or she was a minor or nonminor dependent when his or her adoption was finalized.
(B)(i)His or her guardian or guardians, or adoptive parent or parents, as applicable, died after the nonminor attained 18 years of age, but before he or she attained 21 years of age.
(ii)His or her guardian or guardians, or adoptive parent or parents, as applicable, no longer provide ongoing support to, and no longer receive payment on behalf of, to the nonminor after the nonminor attained 18 years of age, but before he or she attained 21 years of age, and it may be in the nonminors best interest for the court to assume dependency jurisdiction.
(C)He or she intends to satisfy at least one of the conditions set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403.
(D)He or she is requesting assistance in maintaining or securing appropriate supervised placement, or needs immediate placement and agrees to supervised placement pursuant to the voluntary reentry agreement described in subdivision (z) of Section 11400.
(2)Upon ordering a hearing, the court shall give prior notice, or cause prior notice to be given, notice, at least three days prior to the hearing, to the nonminor, the appropriate child welfare agency or probation department, the nonminors adoptive parent or parents, or guardian or guardians, and any other person requested by the nonminor in the petition.
(3)Pursuant to applicable rules of court, the juvenile court shall allow for telephonic appearances by the nonminor in these proceedings and in any proceeding in which the nonminor dependent is a party.
(4)Prior to the hearing, the court shall order the county child welfare or probation department to prepare a report for the court that addresses both of the following:
(A)The nonminors plans to satisfy at least one of the criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403.
(B)The appropriate placement setting for the nonminor. When the recommendation is for the nonminor to be placed in a setting where minor dependents also reside, the results of a background check of the petitioning nonminor conducted pursuant to Section 16504.5 may be used by the placing agency to determine appropriate placement options for him or her.
(5)The court shall assume dependency jurisdiction over a former dependent or ward, and order his or her placement and care be under the responsibility of the county child welfare services department, the probation department, tribe, consortium of tribes, or tribal organization, if the court finds all of the following:
(A)The nonminor was a minor under juvenile court jurisdiction at the time of the establishment of a guardianship pursuant to Section 360, Section 366.26, or subdivision (d) of Section 728, or he or she was a dependent at the time his or her adoption was finalized.
(B)The nonminors guardian or guardians, or adoptive parent or parents, as applicable, have died, or no longer provide ongoing support to, and no longer receive payment on behalf of, to the nonminor, and it is in the nonminors best interests for the court to assume dependency jurisdiction.
(C)The nonminor has not attained 21 years of age.
(D)Reentry and remaining in foster care are in the nonminors best interests.
(E)The nonminor intends to satisfy, and agrees to satisfy, at least one of the criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, and demonstrates his or her agreement to placement in a supervised setting under the placement and care responsibility of the placing agency by signing the voluntary reentry agreement described in subdivision (z) of Section 11400.
(6)The existence of a criminal conviction is not a bar to eligibility for reentry to foster care or assumption of dependency jurisdiction over a nonminor.
(7)The court shall not grant a continuance that would cause the hearing to be completed more than 120 days after the date the petition is filed.
(d)The agency made responsible for the nonminors placement and care pursuant to paragraph (5) of subdivision (c) shall prepare a new transitional independent living case plan within 60 calendar days of the date the nonminor signs the voluntary reentry agreement and shall submit the plan to the court for the review hearing specified in Section 366.31, to be held within 70 days of the assumption of dependency jurisdiction. The review hearing under Section 366.31 shall not be held more than 170 calendar days from the date the nonminor signs the voluntary reentry agreement.
(e)(1) A nonminor described in subdivision (a) may enter into a voluntary reentry agreement as defined in subdivision (z) of Section 11400 in order to establish eligibility for foster care benefits under subdivision (e) of Section 11401 before or after filing a petition to assume dependency jurisdiction. If jurisdiction if either of the following apply:
(A)The nonminors guardian or guardians, or adoptive parent or parents, as applicable, have died.
(B)The nonminors guardian or guardians, or adoptive parent or parents, are no longer providing ongoing support and are no longer receiving payment on behalf of the nonminor.
(2)If the nonminor enters into a voluntary reentry agreement prior to filing the petition, the nonminor is entitled to placement and supervision pending the courts assumption of jurisdiction.
(2)(3)If the nonminor completes a voluntary reentry agreement with a placing agency, the placing agency shall file the petition to assume dependency jurisdiction on behalf of the nonminor within 15 judicial days of the date the agreement is signed, unless the nonminor elects to file the petition at an earlier date.
SEC. 9.Section 11400 of the Welfare and Institutions Code is amended to read:11400.For purposes of this article, and Article 6 (commencing with Section 11450), the following definitions shall apply:
(a)Aid to Families with Dependent Children-Foster Care (AFDC-FC) means the aid provided on behalf of needy children in foster care under the terms of this division.
(b)Case plan means a written document that, at a minimum, specifies the type of home in which the child shall be placed, the safety of that home, and the appropriateness of that home to meet the childs needs. It shall also include the agencys plan for ensuring that the child receive proper care and protection in a safe environment, and shall set forth the appropriate services to be provided to the child, the childs family, and the foster parents, in order to meet the childs needs while in foster care, and to reunify the child with the childs family. In addition, the plan shall specify the services that will be provided or steps that will be taken to facilitate an alternate permanent plan if reunification is not possible.
(c)Certified family home means an individual or family certified by a licensed foster family agency and issued a certificate of approval by that agency as meeting licensing standards, and used exclusively by that foster family agency for placements.
(d)Family home means the family residence of a licensee in which 24-hour care and supervision are provided for children.
(e)Small family home means any residential facility, in the licensees family residence, which provides 24-hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities.
(f)Foster care means the 24-hour out-of-home care provided to children whose own families are unable or unwilling to care for them, and who are in need of temporary or long-term substitute parenting.
(g)Foster family agency means a licensed community care facility, as defined in paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code. Private foster family agencies shall be organized and operated on a nonprofit basis.
(h)Group home means a nondetention privately operated residential home, organized and operated on a nonprofit basis only, of any capacity, or a nondetention licensed residential care home operated by the County of San Mateo with a capacity of up to 25 beds, that accepts children in need of care and supervision in a group home, as defined by paragraph (13) of subdivision (a) of Section 1502 of the Health and Safety Code.
(i)Periodic review means review of a childs status by the juvenile court or by an administrative review panel, that shall include a consideration of the safety of the child, a determination of the continuing need for placement in foster care, evaluation of the goals for the placement and the progress toward meeting these goals, and development of a target date for the childs return home or establishment of alternative permanent placement.
(j)Permanency planning hearing means a hearing conducted by the juvenile court in which the childs future status, including whether the child shall be returned home or another permanent plan shall be developed, is determined.
(k)Placement and care refers to the responsibility for the welfare of a child vested in an agency or organization by virtue of the agency or organization having (1) been delegated care, custody, and control of a child by the juvenile court, (2) taken responsibility, pursuant to a relinquishment or termination of parental rights on a child, (3) taken the responsibility of supervising a child detained by the juvenile court pursuant to Section 319 or 636, or (4) signed a voluntary placement agreement for the childs placement; or to the responsibility designated to an individual by virtue of his or her being appointed the childs legal guardian.
(l)Preplacement preventive services means services that are designed to help children remain with their families by preventing or eliminating the need for removal.
(m)Relative means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words great, great-great, or grand or the spouse of any of these persons even if the marriage was terminated by death or dissolution.
(n)Nonrelative extended family member means an adult caregiver who has an established familial or mentoring relationship with the child, as described in Section 362.7.
(o)Voluntary placement means an out-of-home placement of a child by (1) the county welfare department, probation department, or Indian tribe that has entered into an agreement pursuant to Section 10553.1, after the parents or guardians have requested the assistance of the county welfare department and have signed a voluntary placement agreement, or (2) the county welfare department licensed public or private adoption agency, or the department acting as an adoption agency, after the parents have requested the assistance of either the county welfare department, the licensed public or private adoption agency, or the department acting as an adoption agency for the purpose of adoption planning, and have signed a voluntary placement agreement.
(p)Voluntary placement agreement means a written agreement between either the county welfare department, probation department, or Indian tribe that has entered into an agreement pursuant to Section 10553.1, licensed public or private adoption agency, or the department acting as an adoption agency, and the parents or guardians of a child that specifies, at a minimum, the following:
(1)The legal status of the child.
(2)The rights and obligations of the parents or guardians, the child, and the agency in which the child is placed.
(q)Original placement date means the most recent date on which the court detained a child and ordered an agency to be responsible for supervising the child or the date on which an agency assumed responsibility for a child due to termination of parental rights, relinquishment, or voluntary placement.
(r)(1)Transitional housing placement provider means an organization licensed by the State Department of Social Services pursuant to Section 1559.110 of the Health and Safety Code to provide supervised transitional housing services to foster children who are at least 16 years of age. A transitional housing placement provider shall be privately operated and organized on a nonprofit basis.
(2)Prior to licensure, a provider shall obtain certification from the applicable county, in accordance with Section 16522.1.
(s)Transitional Housing Program-Plus means a provider certified by the applicable county, in accordance with subdivision (c) of Section 16522, to provide transitional housing services to former foster youth who have exited the foster care system on or after their 18th birthday.
(t)Whole family foster home means a resource family, licensed foster family home, approved relative caregiver or nonrelative extended family members home, the home of a nonrelated legal guardian whose guardianship was established pursuant to Section 360 or 366.26, certified family home, or a host family of a transitional housing placement provider, that provides foster care for a minor or nonminor dependent parent and his or her child, and is specifically recruited and trained to assist the minor or nonminor dependent parent in developing the skills necessary to provide a safe, stable, and permanent home for his or her child. The child of the minor or nonminor dependent parent need not be the subject of a petition filed pursuant to Section 300 to qualify for placement in a whole family foster home.
(u)Mutual agreement means any of the following:
(1)A written voluntary agreement of consent for continued placement and care in a supervised setting between a minor or, on and after January 1, 2012, a nonminor dependent, and the county welfare services or probation department or tribal agency responsible for the foster care placement, that documents the nonminors continued willingness to remain in supervised out-of-home placement under the placement and care of the responsible county, tribe, consortium of tribes, or tribal organization that has entered into an agreement with the state pursuant to Section 10553.1, remain under the jurisdiction of the juvenile court as a nonminor dependent, and report any change of circumstances relevant to continued eligibility for foster care payments, and that documents the nonminors and social workers or probation officers agreement to work together to facilitate implementation of the mutually developed supervised placement agreement and transitional independent living case plan.
(2)An agreement, as described in paragraph (1), between a nonminor former dependent or ward in receipt of Kin-GAP payments under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), and the agency responsible for the Kin-GAP benefits, provided that the nonminor former dependent or ward satisfies the conditions described in Section 11403.01, or one or more of the conditions described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403. For purposes of this paragraph and paragraph (3), nonminor former dependent or ward has the same meaning as described in subdivision (aa).
(3)An agreement, as described in paragraph (1), between a nonminor former dependent or ward in receipt of AFDC-FC payments under subdivision (e) or (f) of Section 11405 and the agency responsible for the AFDC-FC benefits, provided that the nonminor former dependent or ward described in subdivision (e) of Section 11405 satisfies one or more of the conditions described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, and the nonminor described in subdivision (f) of Section 11405 satisfies the secondary school or equivalent training or certificate program conditions described in that subdivision.
(v)Nonminor dependent means, on and after January 1, 2012, a foster child, as described in Section 675(8)(B) of Title 42 of the United States Code under the federal Social Security Act who is a current dependent child or ward of the juvenile court, or who is a nonminor under the transition jurisdiction of the juvenile court, as described in Section 450, and who satisfies all of the following criteria:
(1)He or she has attained 18 years of age while under an order of foster care placement by the juvenile court, and is not more than 19 years of age on or after January 1, 2012, not more than 20 years of age on or after January 1, 2013, or not more than 21 years of age on or after January 1, 2014, and as described in Section 10103.5. or has attained 18 years of age while under a temporary order for foster care placement pursuant to Section 319 and was declared a nonminor dependent pursuant to paragraph (2) of subdivision (c) of Section 361.6.
(2)He or she is in foster care under the placement and care responsibility of the county welfare department, county probation department, Indian tribe, consortium of tribes, or tribal organization that entered into an agreement pursuant to Section 10553.1.
(3)He or she has a transitional independent living case plan pursuant to Section 475(8) of the federal Social Security Act (42 U.S.C. Sec. 675(8)), as contained in the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351), as described in Section 11403. 11403, or the court has ordered the development of a transitional independent living case plan under subdivision (c) of Section 361.6.
(w)Supervised independent living placement means, on and after January 1, 2012, an independent supervised setting, as specified in a nonminor dependents transitional independent living case plan, in which the youth is living independently, pursuant to Section 472(c)(2) of the federal Social Security Act (42 U.S.C. Sec. 672(c)(2)).
(x)Supervised independent living setting, pursuant to Section 472(c)(2) of the federal Social Security Act (42 U.S.C. Sec. 672(c)(2)), includes both a supervised independent living placement, as defined in subdivision (w), and a residential housing unit certified by the transitional housing placement provider operating a Transitional Housing Placement program for nonminor dependents, as described in paragraph (2) of subdivision (a) of Section 16522.1.
(y)Transitional independent living case plan means, on or after January 1, 2012, a childs case plan submitted for the last review hearing held before he or she reaches 18 years of age or the nonminor dependents case plan, updated every six months, that describes the goals and objectives of how the nonminor will make progress in the transition to living independently and assume incremental responsibility for adult decisionmaking, the collaborative efforts between the nonminor and the social worker, probation officer, or Indian tribal placing entity and the supportive services as described in the transitional independent living plan (TILP) to ensure active and meaningful participation in one or more of the eligibility criteria described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, the nonminors appropriate supervised placement setting, and the nonminors permanent plan for transition to living independently, which includes maintaining or obtaining permanent connections to caring and committed adults, as set forth in paragraph (16) of subdivision (f) of Section 16501.1.
(z)Voluntary reentry agreement means a written voluntary agreement between a former dependent child or ward or a former nonminor dependent, who has had juvenile court jurisdiction terminated pursuant to Section 391, 452, or 607.2, and the county welfare or probation department or tribal placing entity that documents the nonminors desire and willingness to reenter foster care, to be placed in a supervised setting under the placement and care responsibility of the placing agency, the nonminors desire, willingness, and ability to immediately participate in one or more of the conditions of paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, the nonminors agreement to work collaboratively with the placing agency to develop his or her transitional independent living case plan within 60 days of reentry, the nonminors agreement to report any changes of circumstances relevant to continued eligibility for foster care payments, and (1) the nonminors agreement to participate in the filing of a petition for juvenile court jurisdiction as a nonminor dependent pursuant to subdivision (e) of Section 388 within 15 judicial days of the signing of the agreement and the placing agencys efforts and supportive services to assist the nonminor in the reentry process, or (2) if the nonminor meets the definition of a nonminor former dependent or ward, as described in subdivision (aa), the nonminors agreement to return to the care and support of his or her former juvenile court-appointed guardian and meet the eligibility criteria for AFDC-FC pursuant to subdivision (e) of Section 11405.
(aa)Nonminor former dependent or ward means, on and after January 1, 2012, either of the following:
(1)A nonminor who reached 18 years of age while subject to an order for foster care placement, or who reached 18 years of age while under a temporary order for foster care placement pursuant to Section 319 and was declared a nonminor dependent pursuant to paragraph (2) of subdivision (c) of Section 361.6, and for whom dependency, delinquency, or transition jurisdiction has been terminated, and who is still under the general jurisdiction of the court.
(2)A nonminor who is over 18 years of age and, while a minor, was a dependent child or ward of the juvenile court when the guardianship was established pursuant to Section 360 or 366.26, or subdivision (d), (d) of Section 728 728, and the juvenile court dependency or wardship was dismissed following the establishment of the guardianship.
(ab)Runaway and homeless youth shelter means a type of group home, as defined in paragraph (14) of subdivision (a) of Section 1502 of the Health and Safety Code, that is not an eligible placement option under Sections 319, 361.2, 450, and 727, and that is not eligible for AFDC-FC funding pursuant to subdivision (c) of Section 11402 or Section 11462.
(ac)Transition dependent is a minor between 17 years and five months and 18 years of age who is subject to the courts transition jurisdiction under Section 450.
(ad)Short-term residential therapeutic program means a nondetention, licensed community care facility, as defined in paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code, that provides an integrated program of specialized and intensive care and supervision, services and supports, and treatment for the child or youth, when the childs or youths case plan specifies the need for, nature of, and anticipated duration of this specialized treatment. Short-term residential therapeutic programs shall be organized and operated on a nonprofit basis.
(ae)Resource family means an approved caregiver, as defined in subdivision (c) of Section 16519.5.
(af)Core Services mean services, made available to children, youth, and nonminor dependents either directly or secured through agreement with other agencies, which are trauma informed and culturally relevant as specified in Sections 11462 and 11463.
SEC. 10.Section 11403 of the Welfare and Institutions Code is amended to read:11403.(a)It is the intent of the Legislature to exercise the option afforded states under Section 475(8) (42 U.S.C. Sec. 675(8)), and Section 473(a)(4) (42 U.S.C. Sec. 673(a)(4)) of the federal Social Security Act, as contained in the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351), to receive federal financial participation for nonminor dependents of the juvenile court who satisfy the conditions of subdivision (b), consistent with their transitional independent living case plan. Effective January 1, 2012, these nonminor dependents shall be eligible to receive support up to 19 years of age, effective January 1, 2013, up to 20 years of age, and effective January 1, 2014, up to 21 years of age, consistent with their transitional independent living case plan and as described in Section 10103.5. It is the intent of the Legislature both at the time of initial determination of the nonminor dependents eligibility and throughout the time the nonminor dependent is eligible for aid pursuant to this section, that the social worker or probation officer or Indian tribal placing entity and the nonminor dependent shall work together to ensure the nonminor dependents ongoing eligibility. All case planning shall be a collaborative effort between the nonminor dependent and the social worker, probation officer, or Indian tribe, with the nonminor dependent assuming increasing levels of responsibility and independence.
(b)A nonminor dependent receiving aid pursuant to this chapter, who satisfies the age criteria set forth in subdivision (a), shall meet the legal authority for placement and care by being under a foster care placement order by the juvenile court, or the voluntary reentry agreement as set forth in subdivision (z) of Section 11400, and is otherwise eligible for AFDC-FC payments pursuant to Section 11401. A nonminor who satisfies the age criteria set forth in subdivision (a), and who is otherwise eligible, shall continue to receive CalWORKs payments pursuant to Section 11253, Approved Relative Caregiver Funding Program benefits pursuant to Section 11461.3, or, as a nonminor former dependent or ward, aid pursuant to Kin-GAP under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) or adoption assistance payments as specified in Chapter 2.1 (commencing with Section 16115) of Part 4. Effective January 1, 2012, a nonminor former dependent child or ward of the juvenile court who is receiving otherwise eligible to receive AFDC-FC benefits pursuant to Section 11405 and who satisfies the criteria set forth in subdivision (a) shall be eligible to continue to receive aid as long as the nonminor is otherwise eligible for AFDC-FC benefits under this subdivision. This subdivision applies when one or more of the following conditions exist:
(1)The nonminor is completing secondary education or a program leading to an equivalent credential.
(2)The nonminor is enrolled in an institution which provides postsecondary or vocational education.
(3)The nonminor is participating in a program or activity designed to promote, or remove barriers to employment.
(4)The nonminor is employed for at least 80 hours per month.
(5)The nonminor is incapable of doing any of the activities described in subparagraphs paragraphs (1) to (4), inclusive, due to a medical condition, and that incapability is supported by regularly updated information in the case plan of the nonminor. The requirement to update the case plan under this section shall not apply to nonminor former dependents or wards in receipt of Kin-GAP program or Adoption Assistance Program payments.
(c)The county child welfare or probation department, Indian tribe, consortium of tribes, or tribal organization that has entered into an agreement pursuant to Section 10553.1, shall work together with a nonminor dependent who is in foster care on his or her 18th birthday and thereafter or a nonminor former dependent receiving aid pursuant to Section 11405, to satisfy one or more of the conditions described in paragraphs (1) to (5), inclusive, of subdivision (b) and shall certify the nonminors applicable condition or conditions in the nonminors six-month transitional independent living case plan update, and provide the certification to the eligibility worker and to the court at each six-month case plan review hearing for the nonminor dependent. Relative guardians who receive Kin-GAP payments and adoptive parents who receive adoption assistance payments shall be responsible for reporting to the county welfare agency that the nonminor does not satisfy at least one of the conditions described in subdivision (b). The social worker, probation officer, or tribal entity shall verify and obtain assurances that the nonminor dependent continues to satisfy at least one of the conditions in paragraphs (1) to (5), inclusive, of subdivision (b) at each six-month transitional independent living case plan update. The six-month case plan update shall certify the nonminors eligibility pursuant to subdivision (b) for the next six-month period. During the six-month certification period, the payee and nonminor shall report any change in placement or other relevant changes in circumstances that may affect payment. The nonminor dependent, or nonminor former dependent receiving aid pursuant to subdivision (e) of Section 11405, shall be informed of all due process requirements, in accordance with state and federal law, prior to an involuntary termination of aid, and shall simultaneously be provided with a written explanation of how to exercise his or her due process rights and obtain referrals to legal assistance. Any notices of action regarding eligibility shall be sent to the nonminor dependent or former dependent, his or her counsel, as applicable, and the placing worker, in addition to any other payee. Payments of aid pursuant to Kin-GAP under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), adoption assistance payments as specified in Chapter 2.1 (commencing with Section 16115) of Part 4, or aid pursuant to subdivision (e) of Section 11405 that are made on behalf of a nonminor former dependent shall terminate subject to the terms of the agreements. Subject to federal approval of amendments to the state plan, aid payments may be suspended and resumed based on changes of circumstances that affect eligibility. Nonminor former dependents, as identified in paragraph (2) of subdivision (aa) of Section 11400, are not eligible for reentry under subdivision (e) of Section 388 as nonminor dependents under the jurisdiction of the juvenile court, but may be eligible for reentry pursuant to Section 388.1 if (1) the nonminor former dependent was receiving or was eligible to receive aid pursuant to Kin-GAP under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), the nonminor former dependent was receiving or was eligible to receive aid pursuant to subdivision (e) of Section 11405, or the nonminor was receiving or was eligible to receive adoption assistance payments as specified in Chapter 2.1 (commencing with Section 16115) of Part 3, and (2) the nonminors former guardian or adoptive parent dies, or no longer provides ongoing support to, and no longer receives benefits on behalf of, to the nonminor after the nonminor turns 18 years of age but before the nonminor turns 21 years of age. Nonminor former dependents requesting the resumption of AFDC-FC payments pursuant to subdivision (e) of Section 11405 shall complete the applicable portions of the voluntary reentry agreement, as described in subdivision (z) of Section 11400.
(d)A nonminor dependent may receive all of the payment directly provided that the nonminor is living independently in a supervised placement, as described in subdivision (w) of Section 11400, and that both the youth and the agency responsible for the foster care placement have signed a mutual agreement, as defined in subdivision (u) of Section 11400, if the youth is capable of making an informed agreement, that documents the continued need for supervised out-of-home placement, and the nonminors and social workers or probation officers agreement to work together to facilitate implementation of the mutually developed supervised placement agreement and transitional independent living case plan.
(e)Eligibility for aid under this section shall not terminate until the nonminor dependent attains the age criteria, as set forth in subdivision (a), but aid may be suspended when the nonminor dependent no longer resides in an eligible facility, as described in Section 11402, or is otherwise not eligible for AFDC-FC benefits under Section 11401, or terminated at the request of the nonminor, or after a court terminates dependency jurisdiction pursuant to Section 391, delinquency jurisdiction pursuant to Section 607.2, or transition jurisdiction pursuant to Section 452. AFDC-FC benefits to nonminor dependents, may be resumed at the request of the nonminor by completing a voluntary reentry agreement pursuant to subdivision (z) of Section 11400, before or after the filing of a petition filed pursuant to subdivision (e) of Section 388 after a court terminates dependency or transitional jurisdiction pursuant to Section 391, or delinquency jurisdiction pursuant to Section 607.2. The county welfare or probation department or Indian tribal entity that has entered into an agreement pursuant to Section 10553.1 shall complete the voluntary reentry agreement with the nonminor who agrees to satisfy the criteria of the agreement, as described in subdivision (z) of Section 11400. The county welfare department or tribal entity shall establish a new child-only Title IV-E eligibility determination based on the nonminors completion of the voluntary reentry agreement pursuant to Section 11401. The beginning date of aid for either federal or state AFDC-FC for a reentering nonminor who is placed in foster care is the date the voluntary reentry agreement is signed or the nonminor is placed, whichever is later. The county welfare department, county probation department, or tribal entity shall provide a nonminor dependent who wishes to continue receiving aid with the assistance necessary to meet and maintain eligibility.
(f)(1)The county having jurisdiction of the nonminor dependent shall remain the county of payment under this section regardless of the youths physical residence. Nonminor former dependents receiving aid pursuant to subdivision (e) of Section 11405 shall be paid by their county of residence. Counties may develop courtesy supervision agreements to provide case management and independent living services by the county of residence pursuant to the nonminor dependents transitional independent living case plan. Placements made out of state are subject to the applicable requirements of the Interstate Compact on Placement of Children, pursuant to Part 5 (commencing with Section 7900) of Division 12 of the Family Code.
(2)The county welfare department, county probation department, or tribal entity shall notify all foster youth who attain 16 years of age and are under the jurisdiction of that county or tribe, including those receiving Kin-GAP, and AAP, of the existence of the aid prescribed by this section.
(3)The department shall seek any waiver to amend its Title IV-E State Plan with the Secretary of the United States Department of Health and Human Services necessary to implement this section.
(g)(1)Subject to paragraph (3), a county shall pay the nonfederal share of the cost of extending aid pursuant to this section to eligible nonminor dependents who have reached 18 years of age and who are under the jurisdiction of the county, including AFDC-FC payments pursuant to Section 11401, aid pursuant to Kin-GAP under Article 4.7 (commencing with Section 11385), adoption assistance payments as specified in Chapter 2.1 (commencing with Section 16115) of Part 4, and aid pursuant to Section 11405 for nonminor dependents who are residing in the county as provided in paragraph (1) of subdivision (f). A county shall contribute to the CalWORKs payments pursuant to Section 11253 and aid pursuant to Kin-GAP under Article 4.5 (commencing with Section 11360) at the statutory sharing ratios in effect on January 1, 2012.
(2)Subject to paragraph (3), a county shall pay the nonfederal share of the cost of providing permanent placement services pursuant to subdivision (c) of Section 16508 and administering the Aid to Families with Dependent Children Foster Care program pursuant to Section 15204.9. For purposes of budgeting, the department shall use a standard for the permanent placement services that is equal to the midpoint between the budgeting standards for family maintenance services and family reunification services.
(3)(A)(i)Notwithstanding any other law, a countys required total contribution pursuant to paragraphs (1) and (2), excluding costs incurred pursuant to Section 10103.5, shall not exceed the amount of savings in Kin-GAP assistance grant expenditures realized by the county from the receipt of federal funds due to the implementation of Article 4.7 (commencing with Section 11385), and the amount of funding specifically included in the Protective Services Subaccount within the Support Services Account within the Local Revenue Fund 2011, plus any associated growth funding from the Support Services Growth Subaccount within the Sales and Use Tax Growth Account to pay the costs of extending aid pursuant to this section.
(ii)A county, at its own discretion, may expend additional funds beyond the amounts identified in clause (i). These additional amounts shall not be included in any cost and savings calculations or comparisons performed pursuant to this section.
(B)Beginning in the 201112 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code. In addition, the following are available to the counties for the purpose of funding costs pursuant to this section:
(i)The savings in Kin-GAP assistance grant expenditures realized from the receipt of federal funds due to the implementation of Article 4.7 (commencing with Section 11385).
(ii)The savings realized from the change in federal funding for adoption assistance resulting from the enactment of Public Law 110-351 and consistent with subdivision (d) of Section 16118.
(4)(A)The limit on the countys total contribution pursuant to paragraph (3) shall be assessed by the State Department of Social Services, in conjunction with the California State Association of Counties, in 201516, to determine if it shall be removed. The assessment of the need for the limit shall be based on a determination on a statewide basis of whether the actual county costs of providing extended care pursuant to this section, excluding costs incurred pursuant to Section 10103.5, are fully funded by the amount of savings in Kin-GAP assistance grant expenditures realized by the counties from the receipt of federal funds due to the implementation of Article 4.7 (commencing with Section 11385) and the amount of funding specifically included in the Protective Services Subaccount within the Support Services Account within the Local Revenue Fund 2011 plus any associated growth funding from the Support Services Growth Subaccount within the Sales and Use Tax Growth Account to pay the costs of extending aid pursuant to this section.
(B)If the assessment pursuant to subparagraph (A) shows that the statewide total costs of extending aid pursuant to this section, excluding costs incurred pursuant to Section 10103.5, are fully funded by the amount of savings in Kin-GAP assistance grant expenditures realized by the counties from the receipt of federal funds due to the implementation of Article 4.7 (commencing with Section 11385) and the amount of funding specifically included in the Protective Services Subaccount within the Support Services Account within the Local Revenue Fund 2011 plus any associated growth funding from the Support Services Growth Subaccount within the Sales and Use Tax Growth Account to pay the costs of extending aid pursuant to this section, the Department of Finance shall certify that fact, in writing, and shall post the certification on its Internet Web site, at which time subparagraph (A) of paragraph (3) shall no longer be implemented.
(h)It is the intent of the Legislature that a county currently participating in the Child Welfare Demonstration Capped Allocation Project not be adversely impacted by the departments exercise of its option to extend foster care benefits pursuant to Section 673(a)(4) and Section 675(8) of Title 42 of the United States Code in the federal Social Security Act, as contained in the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351). Therefore, the department shall negotiate with the United States Department of Health and Human Services on behalf of those counties that are currently participating in the demonstration project to ensure that those counties receive reimbursement for these new programs outside of the provisions of those counties waiver under Subtitle IV-E (commencing with Section 470) of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.).
(i)The department, on or before July 1, 2013, shall develop regulations to implement this section in consultation with concerned stakeholders, including, but not limited to, representatives of the Legislature, the County Welfare Directors Association, the Chief Probation Officers of California, the Judicial Council, representatives of Indian tribes, the California Youth Connection, former foster youth, child advocacy organizations, labor organizations, juvenile justice advocacy organizations, foster caregiver organizations, and researchers. In the development of these regulations, the department shall consider its Manual of Policy and Procedures, Division 30, Chapter 30-912, 913, 916, and 917, as guidelines for developing regulations that are appropriate for young adults who can exercise incremental responsibility concurrently with their growth and development. The department, in its consultation with stakeholders, shall take into consideration the impact to the Automated Child Welfare Services Case Management Services (CWS-CMS) and required modifications needed to accommodate eligibility determination under this section, benefit issuance, case management across counties, and recognition of the legal status of nonminor dependents as adults, as well as changes to data tracking and reporting requirements as required by the Child Welfare System Improvement and Accountability Act as specified in Section 10601.2, and federal outcome measures as required by the federal John H. Chafee Foster Care Independence Program (42 U.S.C. Sec. 677(f)). In addition, the department, in its consultation with stakeholders, shall define the supervised independent living setting which shall include, but not be limited to, apartment living, room and board arrangements, college or university dormitories, and shared roommate settings, and define how those settings meet health and safety standards suitable for nonminors. The department, in its consultation with stakeholders, shall define the six-month certification of the conditions of eligibility pursuant to subdivision (b) to be consistent with the flexibility provided by federal policy guidance, to ensure that there are ample supports for a nonminor to achieve the goals of his or her transition independent living case plan. The department, in its consultation with stakeholders, shall ensure that notices of action and other forms created to inform the nonminor of due process rights and how to access them shall be developed, using language consistent with the special needs of the nonminor dependent population.
(j)Notwithstanding the Administrative Procedure Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department shall prepare for implementation of the applicable provisions of this section by publishing, after consultation with the stakeholders listed in subdivision (i), all-county letters or similar instructions from the director by October 1, 2011, to be effective January 1, 2012. Emergency regulations to implement the applicable provisions of this act may be adopted by the director in accordance with the Administrative Procedure Act. The initial adoption of the emergency regulations and one readoption of the emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the first readoption of those emergency regulations shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days.
SEC. 11.To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
REVISIONS: HeadingLine 2.|
Date
|
Status
|
|---|---|
| Sep 19, 2018 | Chaptered by Secretary of State - Chapter 539, Statutes of 2018. |
| Sep 19, 2018 | Approved by the Governor. |
| Sep 5, 2018 | Enrolled and presented to the Governor at 3 p.m. |
| Aug 27, 2018 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 22, 2018 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 24 pursuant to Assembly Rule 77. |
| Aug 21, 2018 | Read third time. Passed. Ordered to the Assembly. |
| Aug 20, 2018 | Read second time. Ordered to third reading. |
| Aug 17, 2018 | From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 16). |
| Aug 6, 2018 | In committee: Referred to APPR. suspense file. |
| Jun 27, 2018 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 26). Re-referred to Com. on APPR. |
| Jun 21, 2018 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HUMAN S. |
| Jun 20, 2018 | From committee: Do pass and re-refer to Com. on HUMAN S. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 19). Re-referred to Com. on HUMAN S. |
| Jun 13, 2018 | Referred to Coms. on JUD. and HUMAN S. |
| Jun 4, 2018 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 31, 2018 | Read third time. Passed. Ordered to the Senate. |
| May 25, 2018 | From committee: Do pass. (Ayes 16. Noes 0.) (May 25). |
| Apr 18, 2018 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 10, 2018 | Coauthors revised. |
| Mar 21, 2018 | From committee: Do pass and re-refer to Com. on JUD. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (March 20). Re-referred to Com. on JUD. |
| Mar 1, 2018 | Referred to Coms. on HUM. S. and JUD. |
| Feb 14, 2018 | From printer. May be heard in committee March 16. |
| Feb 13, 2018 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 27, 2018 | AB 2337 GIPSON Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 21, 2018 | Assembly 3rd Reading AB2337 Gipson et al. By Wiener | Senate Floor |
Passed |
|
| Aug 16, 2018 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 6, 2018 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 26, 2018 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Human Services |
Passed |
|
| Jun 19, 2018 | Do pass, but first be re-referred to the Committee on [Human Services] with the recommendation: To Consent Calendar | Senate Standing Committee on Judiciary |
Passed |
|
| May 31, 2018 | AB 2337 GIPSON Assembly Third Reading | Assembly Floor |
Passed |
|
| May 25, 2018 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 10, 2018 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Judiciary |
Passed |
|
| Mar 20, 2018 | Do pass and be re-referred to the Committee on [Judiciary] with recommendation: To Consent Calendar | 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.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Alliance for Children's Rights | ** Support | Aug 20, 2018 |
| ASPIRANET | ** Support | Aug 20, 2018 |
| California Alliance Of Child And Family Services | ** Support | Aug 20, 2018 |
| California Coalition For Youth | ** Support | Aug 20, 2018 |
| California Women's Law Center | ** Support | Aug 20, 2018 |
| Casa Of Sacramento | ** Support | Jun 22, 2018 |
| Children Now | ** Support | Aug 20, 2018 |
| Children'S Law Center Of California | ** Support | Aug 20, 2018 |
| Court Appointed Special Advocates of Sacramento County | ** Support | Aug 20, 2018 |
| Dependency Legal Services | ** Support | Aug 20, 2018 |
| East Bay Children's Law Offices | ** Support | Aug 20, 2018 |
| First Place for Youth | ** Support | Aug 20, 2018 |
| Foster Care Counts | ** Support | Aug 20, 2018 |
| Hillsides | ** Support | Aug 20, 2018 |
| Jean Domanski, Educational Rights Holder | ** Support | Jun 22, 2018 |
| John Burton Advocates for Youth | ** Support | Aug 20, 2018 |
| Juvenile Court Judges of California | ** Support | Aug 20, 2018 |
| Law Foundation of Silicon Valley | ** Support | Jun 22, 2018 |
| Law Office Of Dale S. Wilson | ** Support | Aug 20, 2018 |
| Law Offices Of Dale S. Wilson | ** Support | Jun 22, 2018 |
| National Association of Social Workers | ** Support | Jun 22, 2018 |
| National Association of Social Workers - California Chapter | ** Support | Aug 20, 2018 |
| National Center for Youth Law | ** Support | Aug 20, 2018 |
| The California Coalition For Youth | ** Support | Jun 22, 2018 |
| Tipping Point | ** Support | Aug 20, 2018 |
| Tipping Point Community | ** Support | Jun 22, 2018 |
| Youth Law Center | ** Support | Aug 20, 2018 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2337
Author:(Gipson)
As Amended Ver:August 17, 2018
Majority vote
ASSEMBLY: | 78-0 | (May 31, 2018) | SENATE: | 39-0 | (August 21, 2018) |
Original Committee Reference: HUM. S.
SUMMARY: Expands the circumstances under which nonminor dependents under the age of 21 who was previously a dependent or delinquent child of the juvenile court may petition the court to assume dependency jurisdiction to include youth who would have received Kinship Guardian Assistance Program (Kin-GAP) payments were it not for the receipt of Supplemental Security Income (SSI) or other aid from the federal Social Security Administration (SSA), and extends eligibility to Aid to Families with Dependent Children- Foster Care (AFDC-FC), adoption assistance payments (AAP), and Kin-GAP, to nonminor dependents who, but for the receipt of SSI benefits or other aid from the federal SSA, would have received benefits, under certain circumstances, and makes technical changes.
The Senate amendments:
- Significantly narrow the scope of the bill by deleting language that:
- States Legislative intent related to ensuring under certain circumstances the entry and re-entry of nonminors into extended foster care.
- Allows the court to find that a youth is within the jurisdiction of the juvenile court on the sole basis that the youth turned 18 years old before adjudication and disposition of a petition, if the court found, prior to the youth's 18th birthday, that the youth is within the jurisdiction of the juvenile court and that continued residence in the home of the youth's parent would be a negatively impact to the youth's welfare, as specified.
- Allows a youth who is found to be within the jurisdiction of the juvenile court under certain provisions of this bill to be deemed a child in order to determine juvenile court jurisdiction if the nonminor agrees to submit to the court's jurisdiction, and, if the minor does not submit to the jurisdiction of the juvenile court, requires the court to dismiss the petition, as specified.
- Allows the appellate or juvenile court, in instances where a timely appeal is taken, or other appellate relief sought, from an order dismissing a petition for juvenile court jurisdiction, to enter an order sustaining the petition, as specified, regardless of whether the youth has turned 18 years of age. Further, specifies that if the court enters an order to sustain a petition for juvenile court jurisdiction, the order is deemed effective as of the date of the order of the dismissal from which the relief was granted.
- Requires the court to conduct a hearing, as specified in the provisions of this bill, within 10 court days if the court finds that the nonminor is within the jurisdiction of the juvenile court.
- Requires the court to conduct a hearing for a nonminor dependent who is found to be within the jurisdiction of the juvenile court, and specified, and further requires the court to advise certain parties of their right to be present at the hearing.
- Requires the social worker to file a report with the court, at least two calendar days prior to the hearing required by the provisions of this bill, describing the current need for court supervision and intervention, and further requires the report to address all of the following:
- Whether the nonminor is able to safely reside in the home of the parent or guardian;
- Whether it is in the nonminor's best interest to remain in foster care; and
- Whether the nonminor intends to satisfy at least one of the extended foster care eligibility criteria specified in current law.
- Requires the court to determine, at the hearing required by the provisions of this bill, all of the following:
- Whether it is in the nonminor's best interest to remain in foster care;
- Whether reasonable efforts were made to meet the youth's needs prior to placement into foster care;
- Whether the nonminor dependent is able to safely reside in the home of the parent or guardian; and
- Whether the nonminor intends to satisfy at least one of the extended foster care eligibility criteria specified in current law.
- Requires the court to declare the youth a nonminor dependent and order all of the following if the court finds that it is in the best interest of the nonminor to remain in foster care, that the nonminor is not able to safely reside in the home of the parent or guardian, and that the nonminor intends to satisfy at least one of the extended foster care eligibility criteria specified in current law:
- That placement and care be the responsibility of the county child welfare agency;
- That a permanent plan for the nonminor dependent be created; and
- That a transitional independent living case plan be developed within 60 days.
- Requires the court to set a review hearing for the nonminor dependent pursuant to current law, as specified, within six months.
- Requires the court to set a hearing to terminate jurisdiction, as specified in current law, if the court finds that it is not in the best interest of the nonminor to remain in foster care, that the nonminor is able to safely reside in the home of the parent or guardian, or that the nonminor does not intend to satisfy at least one of the extended foster care eligibility criteria specified in current law.
- Specifies that, for a nonminor who attained 18 years of age while subject to an order for foster care placement and who has not attained 21 years of age, a foster care placement includes a temporary order for foster care pursuant to current law if the person was declared a nonminor dependent, as specified.
- Deletes the requirement that a nonminor former dependent's guardian or guardians or adoptive parent or parents no longer receive KIN-GAP or AAP payments on their behalf in order to allow the youth to petition the court for a hearing to determine whether to assume jurisdiction, thereby reverting to current law, thereby reverting to current law.
- Includes a nonminor's adoptive parent or parents, or guardian or guardians, among the individuals to whom the court must give at least notice before a hearing to consider a petition to assume dependency jurisdiction over a nonminor, and stipulates that such notice shall be given at least three days in advance of the hearing, thereby reverting to current law.
- Stipulates that a nonminor may enter into a voluntary reentry agreement, as specified in current law, if either: the nonminor's guardian or guardians or adoptive parent or parents, as applicable, have died, or are no longer providing ongoing support and are no longer receiving payment on behalf of the minor, thereby reverting to current law.
- Includes in the definition of "nonminor dependent": an individual who has attained 18 years of age while under a temporary order for foster care placement, as specified, and was declared a nonminor dependent pursuant to certain provisions of this bill; and an individual for whom the court has ordered the development of a transitional independent living case plan pursuant to certain provisions of this bill.
- Includes in the definition of "nonminor former dependent or ward" an individual who reached 18 years of age while under a temporary order for foster care placement, as specified, and was declared a nonminor dependent pursuant to certain provisions of this bill.
- Delete language that would have expanded the circumstances under which a nonminor under the age of 21 who was previously a dependent or delinquent child of the juvenile court may petition the court to assume dependency jurisdiction over him or her by allowing a nonminor former dependent to petition the court if, as specified: he or she was eligible to receive aid after reaching 18 years of age under Kin-GAP and whose former guardian or guardians died or no longer provide ongoing support to the nonminor after the nonminor attained 18 years of age but has not yet attained 21 years of age, and instead add language that includes youth who would have received aid but for the receipt of Supplemental Security Income benefits or other aid from the federal Social Security Administration, as eligible to receive aid, as specified.
- Delete language that extends eligibility for Aid to Families with Dependent Children- Foster Care (AFDC-FC), AAP, or Kin-GAP payments to nonminor dependents who were eligible to receive benefits under certain circumstances, and instead add language that extends eligibility for youth who, but for the receipt of SSI benefits or other aid from the federal SSA would have received benefits, as specified.
EXISTING LAW:
- Establishes a state and local system of child welfare services, including foster care, for children who have been adjudged by the court to be at risk or have been abused or neglected, as specified. (Welfare and Institutions Code Section (WIC) 202)
- States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being physically, sexually, emotionally abused, neglected, or exploited, and to ensure the safety, protection, and physical and emotional well-being of children who are at risk of harm. (WIC 300.2)
- States the intent of the Legislature to preserve and strengthen a child's family ties whenever possible and to reunify a foster youth with his or her biological family whenever possible, or to provide a permanent placement alternative, such as adoption or guardianship. (WIC 16000)
- Provides for extended foster care funding for youth until age 21, as well as adopts other changes to conform to the federal Fostering Connections to Success Act. (WIC 241.1, 303, 366.3, 388, 391, 450, 11400, 11402, 11403)
- Allows a nonminor former foster youth under the age of 21 to petition the court for re-entry into foster care if his or her guardian or adoptive parent is no longer providing him or her with support, as specified. (WIC 388.1)
- Establishes that termination of kinship guardianship also terminates eligibility for Kin-GAP unless specified conditions apply and an alternate guardian or co-guardian is appointed. (WIC 388.1(e))
- Permits a nonminor former dependent who previously received Kin-GAP or AAP, and whose guardian or adoptive parent dies or no longer provides ongoing support or receives benefits on behalf of the nonminor, to petition the court to re-enter extended foster care if the nonminor meets other criteria for eligibility for extended foster care. (WIC 388.1 and WIC 11403(c))
- Establishes the Kinship Guardianship Assistance Payment Program (Kin-GAP) in order to enhance family preservation by ensuring that youth are in long-term, stable placements with relatives, as specified. (WIC 11360, et seq.)
- Establishes the Adoption Assistance Program in order to benefit eligible children residing in foster care by providing the stability and security of permanent homes, as specified. (WIC 16115, et seq.)
- Establishes in federal law the Supplemental Security Income for the Aged, Blind, and Disabled (SSI) Program to provide cash assistance to meet the basic needs of aged and blind individuals and individuals with disabilities. (42 United States Code Sections 1381-1383(f))
- 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.)
FISCAL EFFECT: According to the Senate Appropriations Committee on August, 16, 2018, this bill may result in:
- Unknown, ongoing costs potentially in the thousands of dollars to provide extended foster care to nonminors who would be eligible under this bill. Actual costs would be dependent on the number of eligible nonminors who actually petition the court for reentry into the dependency system. (General Fund [GF], federal funds, local funds)
- Unknown workload cost pressures to the court to adjudicate extended foster care reentry petitions. While the superior courts are not funded on a workload basis, an increase in workload could result in delayed court services and would put pressure on the General Fund to fund additional staff and resources. For example, the 2018 Budget Act appropriated $64 million from the GF to backfill continued reduction in fine and penalty revenue for trial court operations. (GF)
COMMENTS:
Kinship Guardian Assistance Payments (Kin-GAP): Kin-GAP is a cash aid program aimed at supporting foster children who have been placed in long-term foster care with a relative caregiver. SB 1901 (McPherson), Chapter 1055, statutes of 1998, provided a compromise between monthly foster care payments that foster youth are entitled to and the desire of some caregivers for a greater sense of permanency and autonomy over living arrangements by allowing youth to remain eligible for monthly payments equal to the county foster care family home rate, while also providing the freedom of a permanent placement. The Kin-GAP program was later extended to children whose juvenile court wardship is terminated in favor of guardianship with a relative caregiver through AB 1808 (Budget Committee), Chapter 75, Statutes of 2006. Kinship consists of both Medi-Cal benefits and cash aid, and is provided as income directly to the foster child rather than the caregiver.
Adoption Assistance Program (AAP): In recognition of the financial hardships experienced by adoptive parents who attempt to meet the special needs of children previously placed in foster care, the State Legislature created the Adoption Assistance Program (AAP) to provide the security and stability of a permanent home. Adoptive families must submit a completed Request for Adoption Assistance form in order to apply for AAP benefits. The special needs of the child are then assessed and, if deemed eligible, a signed adoption assistance agreement is negotiated. A reassessment of the child's needs and the family's circumstances is conducted every two years which subsequently determines the amount of financial assistance provided to the family. Youth between the ages of 18 and 21 are eligible for continuing AAP if it is determined that they have a documented mental or physical condition or are participating in the extended adoptions program.
Aid to Families with Dependent Children- Foster Care (AFDC-FC): Currently the California child welfare system serves over 60,000 youth. Funding to provide for the needs of those youth can be either federally-funded or state-only funded. In order to be federally eligible for foster care, the home from which a foster youth was removed must meet AFDC eligibility criteria from 1996 AFDC in the month the petition is filed or in any of the six months prior to the month in which the petition is filed. In 1996, the income limit for a family of three to qualify for AFDC was $723. Due to the strict eligibility criteria required to qualify for federal AFDC-FC, the State of California created State AFDC-FC, which blends state and county funds to provide funding to foster youth placed with non-relative foster parents. The State AFDC-FC rate is equal to the rate provided to youth who are eligible for federal AFDC-FC.
SSI/SSP: The SSI/SSP program provides a monthly cash benefit to individuals who are low-income aged, blind, and disabled. Individuals must also meet certain federal income and resource requirements. SSP is funded by the state’s General Fund, while SSI is funded by the federal government; if an individual is deemed eligible for SSI, they are automatically deemed eligible for SSP. Current maximum grant levels are $910.72 per month for an individual (of which $160.72 is SSP), though grant amounts vary among individuals depending on a number of factors, including living arrangements, marital status, and age. According to DSS, the average monthly caseload is projected to be 1,254,030 for Fiscal Year 2017-18 and the total average grant is projected to be $628.00; in FY 2018-19, the projected caseload and average grant are projected to be 1,246,147 and $640.27, respectively.
Need for this bill: According to the author, "Following a childhood of overcoming barriers, foster youth deserve the support that they need to thrive. [This bill] will eliminate administrative barriers to ensure that the limited number of youth in certain narrow situations who are in need of transitional services are able to enter or re-enter extended foster care. Administrative barriers and loopholes should not prevent foster youth from accessing the services that they critically need."
Analysis Prepared by: Kelsy Castillo / HUM. S. / (916) 319-2089 FN: 0004550
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 2337 |
THIRD READING
Bill No: AB 2337
Amended: 8/17/18 in Senate
SENATE JUDICIARY COMMITTEE: 7-0, 6/19/18
AYES: Jackson, Moorlach, Anderson, Hertzberg, Monning, Stern, Wieckowski
SENATE HUMAN SERVICES COMMITTEE: 6-0, 6/26/18
AYES: Wiener, Glazer, Leyva, McGuire, Nguyen, Portantino
NO VOTE RECORDED: Berryhill
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/16/18
AYES: Portantino, Bates, Beall, Bradford, Hill, Nielsen, Wiener
ASSEMBLY FLOOR: 78-0, 5/31/18 - See last page for vote
SOURCE: Alliance for Children’s Rights
California Coalition for Youth
Children’s Law Center of California
Tipping Point
DIGEST:
This bill expands eligibility for extended foster care benefits to nonminors who have not yet reached 21 years of age and who would have received extended foster care benefits at age eighteen but for receiving Supplemental Security Income benefits or other similar federal aid in lieu of foster care payments.
Existing law:
- Establishes a system of juvenile dependency for children who are, or are at risk of, being physically, sexually, or emotionally abused, being neglected or being exploited, to ensure their safety, protection, and physical and emotional well-being, as specified. (Welf. & Inst. Code, Sec. 300 et seq.)
- States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being physically, sexually, emotionally abused, neglected, or exploited, and to ensure the safety, protection, and physical and emotional well-being of children who are at risk of harm. (Welf. & Inst. Code, Sec. 300.2.)
- States the intent of the Legislature to preserve and strengthen a child’s family ties whenever possible and to reunify a foster youth with his or her biological family whenever possible, or to provide a permanent placement alternative, such as adoption or guardianship. (Welf. & Inst. Code, Sec. 16000.)
- Defines “nonminor dependent” as a current or former foster youth who is between 18 and 21 years old, in foster care under the responsibility of the county welfare department, county probation department, or Indian Tribe, and participating in a transitional independent living plan, as specified. (Welf. & Inst. Code, Sec. 11400 (v).)
- Defines “nonminor former dependent or ward” as either: a) a nonminor who turned 18 while subject to an order for foster care placement, and for whom dependency, delinquency, or transition jurisdiction has been terminated, and who is still under the general jurisdiction of the court; or b) a nonminor who is at least 18 years old and, while a minor, was a dependent child or ward of the juvenile court when the guardianship was established, as specified, and the juvenile court dependency or wardship was dismissed following the establishment of the guardianship. (Welf. & Inst. Code, Sec. 11400 (aa).)
- Establishes the Kinship Guardianship Assistance Payment program (the Kin-GAP program) to provide financial assistance for children who, after being adjudged dependents of the juvenile court, are placed in legal guardianship with a relative. (Welf. & Inst. Code Sec. 11360 et seq.; 11385 et seq.)
- Provides for the voluntary continuation or reentry into foster care for nonminor dependents who meet general Aid to Families with Dependent Children-Foster Care (AFDC-FC) requirements, and when the nonminor youth has signed a voluntary mutual agreement and one or more of the following conditions exist:
- The nonminor is working toward his or her high school education or an equivalent credential;
- The nonminor is enrolled in a postsecondary institution or vocational education program;
- The nonminor is participating in a program or activity designed to promote or remove barriers to employment;
- The nonminor is employed for at least 80 hours per month; and/or,
- The nonminor is incapable of doing any of the activities described above, due to a medical condition, and that incapability is supported by regularly updated information in the case plan of the nonminor. (Welf. & Inst. Code Sec. 11403.)
- Authorizes a nonminor who has not attained 21 years of age and who was previously found to be a dependent or delinquent child of the juvenile court may petition for a hearing to determine whether the court should assume dependency jurisdiction over the nonminor if the nonminor’s guardian(s) or adoptive parent(s), as applicable:
- Died after the minor attained 18 years of age; or
- Are no longer providing ongoing support to, and no longer receive AFDC-FC benefits or Kin-GAP benefits on behalf of, the nonminor after the nonminor attained 18 years of age but before the nonminor attained 21 years of age. (Welf. & Inst. Code Sec. 388.1.)
This bill adds to the class of nonminors eligible to petition for extended foster care benefits individuals who, but for the receipt of Supplemental Security Income benefits or other aid from the federal Social Security Administration, would have received Kin-GAP aid or AFDC-FC benefits.
Background
Each year in California, about 5,000 youth emancipate from foster care, which is by far the largest number of any state in the union. According to data from the state’s Child Welfare Services/Case Management System, about 52,000 Californians emancipated from foster care between 1999 and 2009. The immediate outcomes for these young adults are sobering. Studies have shown that former foster youth, when compared to other young adults of the same age and race, are less likely to complete high school, attend college, or be employed. They are also at a higher risk for becoming homeless, arrested, or incarcerated. (See Foster Care in California, Public Policy Institute of California, 2010.)
In 1998, California established the Kin-GAP program to provide financial assistance for children who, after being adjudged dependents of the juvenile court, are placed in legal guardianship with a relative. (SB 1901, McPherson, Chapter 1055, Statutes of 1998).) The bill was the result of a study that concluded that most relative caregivers have strong commitments to the children in their care, but are averse to adoption because it requires the termination of the parental rights of one of their family members. Moreover, while most relative caregivers supported permanency planning for a child, many did not pursue legal guardianship for fear of losing the needed financial support they obtained under the foster care system.
In October 2008, the federal government enacted the Fostering Connections to Success and Increasing Adoptions Act (Public Law 110-351) which offers states the opportunity to opt-in to new federal funding streams if they choose to provide kinship-guardianship benefits to relative guardians or provide foster care to 18 to 21-year-old youth. AB 12 (Beall and Bass, Chapter 559, Statutes of 2010), the California Fostering Connections to Success Act (Act), authorized the juvenile courts to exercise jurisdiction over and extend foster care benefits to nonminor dependents between the ages of 18 to 21 if they meet the specified criteria. One year later, the Legislature enacted AB 212 (Beall, Chapter 459, Statutes of 2011) to aid in the implementation of the Act. AB 1712 (Beall, Chapter 846, Statutes of 2012) and AB 787 (Stone, Chapter 487, Statutes of 2013) further clarified specific issues related to that implementation, including clarifying that former nonminor dependents who reached permanency, but whose guardian, relative, or adoptive parent died before their 21st birthday, may reenter extended foster care. AB 2454 (Quirk-Silva, Chapter 769, Statutes of 2014) continued the Legislature’s efforts to ensure the Act is properly implemented by ensuring that nonminor dependents whose guardian or adoptive parents fail to support them, as specified, are able to petition the court for reentry into the extended foster care program.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee:
- Unknown, ongoing costs potentially in the thousands of dollars to provide extended foster care to nonminor who would be eligible under this bill. Actual costs would be dependent on the number of eligible nonminors who actually petition the court for reentry into the dependency system. (General Fund, federal funds, local funds*)
- Unknown workload cost pressures to the court to adjudicate extended foster care reentry petitions. While the superior courts are not funded on a workload basis, an increase in workload could result in delayed court services and would put pressure on the General Fund to fund additional staff and resources. For example, the 2018 Budget Act appropriated $64 million from the General Fund to backfill continued reduction in fine and penalty revenue for trial court operations. (General Fund)
Alliance for Children’s Rights (co-source)
California Coalition for Youth (co-source)
Children’s Law Center of California (co-source)
Tipping Point (co-source)
Aspiranet
California Alliance of Child and Family Services
California Women’s Law Center
Children Now
Court Appointed Special Advocates of Sacramento County
Dependency Legal Services
East Bay Children’s Law Offices
First Place for Youth
Foster Care Counts
Hillsides
John Burton Advocates for Youth
Juvenile Court Judges of California
Law Office of Dale S. Wilson
Legal Advocates for Children and Youth - Law Foundation of Silicon Valley
National Association of Social Workers – California Chapter
National Center for Youth Law
Youth Law Center
One individual
OPPOSITION: (Verified 8/16/18)
None received
ARGUMENTS IN SUPPORT: According to the author, “Following a childhood of overcoming barriers, foster youth deserve the support that they need to thrive. AB 2337 will eliminate administrative barriers to ensure that the limited number of youth in certain narrow situations in need of transitional services are able to enter or re-enter extended foster care. Administrative barriers and loopholes should not prevent foster youth from accessing the services that they critically need.”
ASSEMBLY FLOOR: 78-0, 5/31/18
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
Prepared by: Josh Tosney / JUD. / (916) 651-4113
8/20/18 9:50:24
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anthony Portantino, Chair
2017 - 2018 Regular Session
AB 2337 (Gipson) - Nonminor dependents
Version: June 21, 2018 | Policy Vote: JUD. 7 - 0, HUMAN S. 6 - 0 |
Urgency: No | Mandate: Yes |
Hearing Date: August 16, 2018 | Consultant: Shaun Naidu |
Bill Summary:
AB 2337 would, among other things, expand the eligibility for extended foster care to nonminors who are under the dependency, delinquency, or transition jurisdiction of the court; exited foster care at or after the age of majority; and are younger than age twenty-one.
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 16, 2018
Fiscal Impact:
- Unknown, ongoing costs potentially in the thousands of dollars to provide extended foster care to nonminor who would be eligible under this bill. Actual costs would be dependent on the number of eligible nonminors who actually petition the court for reentry into the dependency system. (General Fund, federal funds, local funds*)
- Unknown workload cost pressures to the court to adjudicate extended foster care reentry petitions. While the superior courts are not funded on a workload basis, an increase in workload could result in delayed court services and would put pressure on the General Fund to fund additional staff and resources. For example, the 2018 Budget Act appropriated $64 million from the General Fund to backfill continued reduction in fine and penalty revenue for trial court operations. (General Fund)
*Proposition 30 (2012) exempts the state from mandate reimbursement for realigned responsibilities for “Public Safety Services” including the managing of local jails and the provision of services for and supervision of minor and adult offenders. The constitutional amendment, however, provides that legislation enacted after September 30, 2012 that has an overall effect of increasing the costs already borne by a local agency for public safety services transferred by the 2011 Realignment Legislation apply to local agencies only to the extent that the state provides annual funding for the costs increase. If the local costs resulting from this measure are determined to be included within the scope of Proposition 30, the local agency would not be obligated to provide the level of service required by this bill above the level for which funding is provided by the state. The provisions of this bill may lead to the additional subvention of funds to obtain local compliance, resulting in cost pressure to the General Fund.
Author Amendments:
Limit the scope of the bill to individuals who would have received extended foster care benefits at age eighteen but for receiving Supplemental Security Income benefits or other similar federal aid in lieu of foster care payments.
-- END --
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anthony Portantino, Chair
2017 - 2018 Regular Session
AB 2337 (Gipson) - Nonminor dependents
Version: June 21, 2018 | Policy Vote: JUD. 7 - 0, HUMAN S. 6 - 0 |
Urgency: No | Mandate: Yes |
Hearing Date: August 6, 2018 | Consultant: Shaun Naidu |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 2337 would, among other things, expand the eligibility for extended foster care to nonminors who are under the dependency, delinquency, or transition jurisdiction of the court; exited foster care at or after the age of majority; and are younger than age twenty-one.
Fiscal Impact:
- Unknown, potentially-major ongoing costs ranging from the hundreds of thousands of dollars to the millions of dollars to provide extended foster care to nonminor who would be eligible under this bill. Actual costs would be dependent on the number of eligible nonminors who actually petition the court for reentry into the dependency system. (General Fund, federal funds, local funds*)
- Unknown workload cost pressures to the court to adjudicate extended foster care reentry petitions. While the superior courts are not funded on a workload basis, an increase in workload could result in delayed court services and would put pressure on the General Fund to fund additional staff and resources. For example, the 2018 Budget Act appropriated $64 million from the General Fund to backfill continued reduction in fine and penalty revenue for trial court operations. (General Fund**)
*Proposition 30 (2012) exempts the state from mandate reimbursement for realigned responsibilities for “Public Safety Services” including the managing of local jails and the provision of services for and supervision of minor and adult offenders. The constitutional amendment, however, provides that legislation enacted after September 30, 2012 that has an overall effect of increasing the costs already borne by a local agency for public safety services transferred by the 2011 Realignment Legislation apply to local agencies only to the extent that the state provides annual funding for the costs increase. If the local costs resulting from this measure are determined to be included within the scope of Proposition 30, the local agency would not be obligated to provide the level of service required by this bill above the level for which funding is provided by the state. The provisions of this bill may lead to the additional subvention of funds to obtain local compliance, resulting in cost pressure to the General Fund.
**Trial Court Trust Fund
Background:
The federal Fostering Connections to Success and Increasing Adoptions Act of 2008 permitted states to expand the definition of a foster “child” by creating extended care for youth up to age twenty-one. The federal law allows foster youth to remain in care past age eighteen if they are completing secondary education or a high school equivalency credential, enrolled in post-secondary or vocational education, employed for at least eighty hours a month, or participating in other qualifying activities. Consequently, the Legislature passed the California Fostering Connections to Success Act of 2010 that exercised the state option to assist foster youth with transitioning into adulthood by allowing continued foster care eligibility for nonminor dependents between age eighteen and twenty-one in the Foster Care, Adoption Assistance Payment (AAP), and Kinship Guardianship Assistance Payment (Kin-GAP) programs.
Kin-GAP: The Kinship Guardianship Assistance Payment program is a cash aid program aimed at supporting foster children who have been placed in long-term foster care with a relative or caregiver. The Kin-GAP program was extended in 2006 to include children whose juvenile court wardship was terminated in favor of guardianship with a relative caregiver The program consists of both Medi-Cal benefits and cash aid and is provided as income directly to the foster child rather than the caregiver.
AAP: In recognition of the financial hardships experienced by adoptive parents who attempt to meet the special needs of children previously placed in foster care, the Legislature created the AAP program to provide the security and stability of a permanent home. Adoptive families must submit a completed Request for Adoption Assistance form in order to apply for AAP benefits. The special needs of the child are then assessed and, if deemed eligible, a signed adoption assistance agreement is negotiated. A reassessment of the child’s needs and the family’s circumstances is conducted every two years which subsequently determines the amount of financial assistance provided to the family. The adoptive family remains eligible for AAP when the youth is between the ages of eighteen and twenty-one if it is determined that the youth has a documented mental or physical condition or is participating in the extended adoptions program.
Reentry: The court may resume jurisdiction over a former nonminor dependent or ward of the court. In these cases, a youth who was receiving foster care services when he or she turned eighteen may opt to reenter foster care and draw down services to help transition into adulthood. In addition, the law allows a former foster youth, whose adoptive parent or guardian dies before the youth turns twenty-one or whose adoption or guardianship is disrupted, to reenter the dependency system as a nonminor dependent if he or he or she meets the criteria.
In order to reenter the dependency system, a nonminor dependent must submit a petition to the juvenile court for a hearing to ask the court to resume dependency. The court has fifteen days in which to set the hearing and must notify the nonminor and appropriate child welfare or probation department and any other person requested by the nonminor of the hearing’s time, date and location. Prior to the hearing, the nonminor may voluntarily reenter the dependency system if the guardian or adoptive parent has died or is no longer receiving aid or benefits on behalf of the nonminor.
Proposed Law:
This bill would:
- Allow a nonminor who was under the dependency, delinquency, or transition jurisdiction of the court, who has not yet turned age twenty-one, and who exited foster care at or after the age of majority, to petition the court to resume dependency jurisdiction.
- Delete the alternative provision allowing the nonminor to petition the court to assume transition jurisdiction.
- Provide that a court is not precluded from finding that a person is within the description of a dependent child on the sole basis that the person will turn age eighteen before disposition of the petition.
- Require the court to conduct the dispositional proceeding to determine, among other things, whether it is in the nonminor’s best interest to remain in foster care if the court finds that a child is a person who comes within the description of a dependent child, and the child turns eighteen years of age prior to the dispositional proceeding.
- Make related changes, including requiring a social worker, at least two calendar days before the hearing, to file a report with the court describing the current need for court supervision and intervention.
- Require the court, if it makes specified findings, to declare a person a nonminor dependent and order, among other things, that placement and care are the responsibility of the county child welfare agency.
- Expand the eligibility criteria for filing the petition and ordering a hearing, by no longer requiring the nonminor to have received the public assistance benefits, but making the nonminor eligible to file a petition if he or she was eligible to receive the public assistance benefits, and by eliminating the requirement that the nonminor’s guardians or adoptive parents, as applicable, no longer receive benefits on his or her behalf.
- Require the court to give notice at least three days prior to the hearing and to give notice to the nonminor’s adoptive parents or guardians.
- Allow a nonminor to enter into a voluntary reentry agreement if the nonminor’s adoptive parents or guardians have either died or are no longer providing ongoing support and are no longer receiving payments on behalf of the nonminor.
Prior Legislation:
AB 604 (Gipson, Ch. 707, Stats. 2017) was substantially similar to this bill upon introduction but was amended to require the court to assume transition jurisdiction over a youth who was arrested for or convicted of any nonviolent offense committed while he or she was a victim of human trafficking regardless of a court order vacating the underlying adjudication.
SB 823 (Block, Ch. 650, Stats. 2016) allowed the court, upon making specified findings, to vacate the conviction or adjudication of a child for solicitation or prostitution and allowed for the sealing and destruction of the petitioner’s arrest and court records, as specified.
AB 885 (Lopez, 2016) was substantially similar to portions of this bill. It would have allowed a former foster youth to reenter care by removing the requirement that a guardian or adoptive parent must no longer be receiving Kin-GAP aid or adoption assistance in order for a nonminor to be able to petition the court to remain in foster care. AB 885 was vetoed by the governor, who indicated that the bill was an end run of the budget process and that the budget process “is the best way to evaluate and prioritize all new spending proposals.”
AB 2454 (Quirk-Silva, Ch. 769, Stats. 2014) permitted a nonminor former dependent who previously received extended Kin-GAP or AAP, but whose guardian(s) or adoptive parent(s) no longer provides ongoing support, and no longer receives aid on behalf of the nonminor, to petition the court to resume dependency under the extended foster care program.
AB 12 (Beall, Ch. 559, Stats. 2010) the “California Fostering Connections to Success Act,” conformed state law to federal requirements to revise and expand programs and funding for certain foster and adopted children.
-- END --
SENATE COMMITTEE ON HUMAN SERVICES
Senator Wiener, Chair
2017 - 2018 Regular
Bill No: AB 2337
Author: | Gipson | ||
Version: | June 21, 2018 | Hearing Date: | June 26, 2018 |
Urgency: | No | Fiscal: | Yes |
Consultant: | Marisa Shea | ||
Subject: Nonminor dependents
SUMMARY
This bill expands eligibility for extended foster care benefits to include, as specified: a youth who was subject to an order for foster care before they reached 18 years of age but was not yet adjudged a ward of the juvenile court before reaching their 18th birthday; a youth who appealed an order to dismiss a petition for juvenile court jurisdiction but whose case was not resolved before they reached 18 years of age; and a youth who exited foster care through the Kinship Guardian Assistance Program (Kin-GAP) or Adoption Assistance Program (AAP).
ABSTRACT
Existing law:
- Establishes a system of juvenile dependency for children who are, or are at risk of, being physically, sexually, or emotionally abused, being neglected or being exploited, to ensure their safety, protection, and physical and emotional well-being, as specified. (WIC 300 et seq.)
- States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being physically, sexually, emotionally abused, neglected, or exploited, and to ensure the safety, protection, and physical and emotional well-being of children who are at risk of harm. (WIC 300.2)
- States the intent of the Legislature to preserve and strengthen a child’s family ties whenever possible and to reunify a foster youth with his or her biological family whenever possible, or to provide a permanent placement alternative, such as adoption or guardianship. (WIC 16000)
- Requires a county to file a petition to the court requesting a detention hearing within 48 hours of placing a child under temporary custody to determine whether a child should remain in custody and whether any specific court permissions are necessary to provide for the health and safety of the child. (WIC 313 and 319)
- Requires a "detention hearing" to be held within 24 hours of the next court day whenever a detention petition is filed with the court. (WIC 315)
- Requires a juvenile court to hold a "jurisdictional hearing" within 15 judicial days of the petition filed to take the child into temporary custody to determine whether the court has jurisdiction to adjudicate the child. (WIC 334)
- Requires a juvenile court to hold a "dispositional hearing" within 60 days of the detention hearing to determine the appropriate placement for the youth if he or she is adjudicated to be a dependent of the court. (WIC 352(b))
- Provides for extended foster care funding for youth until age 21, as well as adopts other changes to conform to the federal Fostering Connections to Success Act. (WIC 241.1, 303, 388, 391, 450, 11400, 11402, 11403)
- Defines “nonminor dependent” as a current or former foster youth who is between 18 and 21 years old, in foster care under the responsibility of the county welfare department, county probation department, or Indian Tribe, and participating in a transitional independent living plan, as specified. (WIC 11400 (v))
- Defines “nonminor former dependent or ward” as either: a) A nonminor who turned 18 while subject to an order for foster care placement, and for whom dependency, delinquency, or transition jurisdiction has been terminated, and who is still under the general jurisdiction of the court; or b) A nonminor who is at least 18 years old and, while a minor, was a dependent child or ward of the juvenile court when the guardianship was established, as specified, and the juvenile court dependency or wardship was dismissed following the establishment of the guardianship. (WIC 11400 (aa))
- Requires, pursuant to federal law as specified, an individual who was in foster care on his or her 18th birthday to receive Medi-Cal benefits until his or her 26th birthday, and to be continuously enrolled during this period without any interruption in coverage or new application required. (WIC 14005.28)
- Allows a nonminor former foster youth under the age of 21 to petition the court for re-entry into foster care if his or her guardian or adoptive parent is no longer providing him or her with support, as specified. (WIC 388.1)
- Establishes that termination of kinship guardianship also terminates eligibility for Kin-GAP unless specified conditions apply and an alternate guardian or co-guardian is appointed. (WIC 388.1 (e))
- Permits a nonminor former dependent who previously received Kin-GAP or adoption AAP, and whose guardian or adoptive parent dies or no longer provides ongoing support or receives benefits on behalf of the nonminor, to petition the court to re-enter extended foster care if the nonminor meets other criteria for eligibility for extended foster care. (WIC 388.1 and WIC 11403 (c))
- Establishes the Kin-GAP in order to enhance family preservation by ensuring that youth are in long-term, stable placements with relatives, as specified. (WIC 11360, et seq.)
- Establishes the AAP in order to benefit eligible children residing in foster care by providing the stability and security of permanent homes, as specified. (WIC 16115, et seq.)
This bill:
- States Legislative intent related to ensuring under circumstances the entry and re-entry of nonminors into extended foster care.
- Provides that the court is not precluded from finding that a person is within the jurisdiction of the juvenile court on the sole basis that the person will turn 18 years of age prior to disposition of the juvenile dependency petition.
- Provides that if a timely appeal is taken, or other appellate relief is sought, from an order dismissing a petition, as provided, the appellate court or juvenile court may enter a subsequent order sustaining the petition, notwithstanding that the minor has reached 18 years of age, upon reversal of the order to dismiss the petition. Further provides that if the court enters an order sustaining the petition for relief, it shall be deemed effective as of the date of the order of dismissal from which the relief was granted.
- Provides that if the court finds that a child falls under the jurisdiction of the juvenile court, and the child turns 18 years of age prior to the dispositional proceeding, the court shall conduct the dispositional proceeding and is not precluded from finding the child within the jurisdiction of the juvenile court solely because the child has turned 18, as specified.
- Requires the court to conduct a hearing for a nonminor dependent that is found to be within the jurisdiction of the juvenile court, as specified, and further requires the court to advise certain parties of their right to be present at the hearing.
- Requires the social worker to file a report with the court, at least two calendar days prior to the hearing required by the provisions of this bill, describing the current need for court supervision and intervention, and further requires the report to address all of the following:
- whether the nonminor is able to safely reside in the home of the parent or guardian;
- whether it is in the nonminor’s best interest to remain in foster care; and
- whether the nonminor intends to satisfy at least one of the extended foster care eligibility criteria specified in current law.
- Requires the court to determine, at the hearing required by the provisions of this bill, all of the following:
- whether it is in the nonminor’s best interest to remain in foster care;
- whether reasonable efforts were made to meet the youth’s needs prior to placement into foster care;
- whether the nonminor dependent is able to safely reside in the home of the parent or guardian; and
- whether the nonminor intends to satisfy at least one of the extended foster care eligibility criteria specified in current law.
- Requires the court to declare the youth a nonminor dependent and order all of the following if the court finds that it is in the best interest of the nonminor to remain in foster care: that the nonminor is not able to safely reside in the home of the parent or guardian; and, that the nonminor intends to satisfy at least one of the extended foster care eligibility criteria specified in current law.
- Specifies that, for a nonminor who attained 18 years of age while subject to an order for foster care placement and who has not attained 21 years of age, a foster care placement includes a temporary order for foster care pursuant to current law if the person was declared a nonminor dependent, as specified.
- Expands the circumstances under which a nonminor under the age of 21 who was previously a dependent or delinquent child of the juvenile court may petition the court to assume dependency jurisdiction over him or her by allowing a nonminor former dependent to petition the court, as specified.
- Deletes the requirement that a nonminor former dependent’s guardian or guardians or adoptive parent or parents no longer receive Kin-GAP or AAP payments on their behalf in order to allow the youth to petition the court for a hearing to determine whether to assume jurisdiction.
- Includes a nonminor’s adoptive parent or parents, or guardian or guardians, among the individuals to whom the court must give at least notice before a hearing to consider a petition to assume dependency jurisdiction over a nonminor, and stipulates that such notice shall be given at least three days in advance of the hearing, as specified.
- Stipulates that a nonminor may enter into a voluntary reentry agreement, as specified in current law, if either: the nonminor’s guardian or guardians or adoptive parent or parents, as applicable, have died, or are no longer providing ongoing support and are no longer receiving payment on behalf of the minor.
- Updates the definition of “nonminor dependent” to include the following: a) an individual who has attained 18 years of age while under a temporary order for foster care placement, as specified; b) was declared a nonminor dependent pursuant to certain provisions of this bill; and c) an individual for whom the court has ordered the development of a transitional independent living case plan pursuant to certain provisions of this bill.
- Extends eligibility for Aid to Families with Dependent Children- Foster Care (AFDC-FC), AAP, or Kin-GAP payments to nonminor dependents who were eligible to receive benefits under certain circumstances, as specified.
- Makes technical changes.
FISCAL IMPACT
According to the Assembly Committee on Appropriations on April 18, 2018, this bill may result in estimated ongoing annual total costs between $1.1 million and $2.6 million ($800,000 to $1.7 million General Fund) to provide extended foster care benefits to youth eligible under this bill. This is based on an estimated caseload increase of 50 to 120 foster youth statewide, the bulk of which are youth who turn 18 years old before their disposition hearing.
BACKGROUND AND DISCUSSION
Purpose of the bill:
According to the author, “AB 2337 will eliminate administrative barriers to ensure that those youth who are in need of transitional services in certain limited situations, as provided, are able to enter or re-enter extended foster care. Administrative barriers and loopholes should not prevent foster youth from accessing the services they critically need.”
Extended Foster Care
The intent of extended foster care is to bridge the gap between the intensive supervision of foster care and unsupervised adulthood by maintaining a safety net of support while providing the youth independence and additional educational or work opportunities. It was prompted by the recognition that many youth were unable to successfully transition from foster care or group care to adulthood without additional guidance and assistance.
The federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (P.L. 110-351) enabled states to expand the definition of a foster “child,” by creating extended care for youth up to age 21. The federal law allows foster youth to remain in care past age 18 if they are completing secondary education or a high school equivalency credential, enrolled in post-secondary or vocational education, employed for at least 80 hours a month or participating in other qualifying activities.
In 2010, California enacted AB 12 (Beall, Chapter 559, Statutes of 2010), which permits foster youth to remain in extended foster care until age 21, under the same criteria as the federal statute. Youth participation in the program has exceeded expectation. Between July 2010 and July 2014, the number of youth age 18-20 in extended foster care in California increased 211 percent, from 2,908 to 9,032, according to data compiled by UC Berkeley. As of January 1, 2018 there are an estimated 7,000 youth participating in extended foster care in California.[1]
Kinship Guardian Assistance Payments (Kin-GAP)
Kin-GAP is a cash aid program aimed at supporting foster children who have been placed in long-term foster care with a relative or caregiver. SB 1901 (McPherson, Chapter 1055, Statutes of 1998) provided a compromise between monthly foster care payments that foster youth are entitled to and the desire of some caregivers for a greater sense of autonomy over living arrangements by allowing youth to remain eligible for monthly payments equal to the county foster care family home rate, while also providing the freedom of a permanent placement. The Kin-GAP program was extended in 2006 to include children whose juvenile court wardship is terminated in favor of guardianship with a relative caregiver (AB 1808, Assembly Committee on Budget, Chapter 75, Statues of 2006). Kin-GAP consists of both Medi-Cal benefits and cash aid, and is provided as income directly to the foster child rather than the caregiver.
Adoption Assistance Program (AAP)
In recognition of the financial hardships experienced by adoptive parents who attempt to meet the special needs of children previously placed in foster care, the State Legislature created the AAP to provide the security and stability of a permanent home. Adoptive families must submit a completed Request for Adoption Assistance form in order to apply for AAP benefits. The special needs of the child are then assessed and, if deemed eligible, a signed adoption assistance agreement is negotiated. A reassessment of the child’s needs and the family’s circumstances is conducted every two years which subsequently determines the amount of financial assistance provided to the family. The adoptive family remains eligible for AAP when the youth is between the ages of 18 and 21 if it is determined that the youth has a documented mental or physical condition or is participating in the extended adoptions program.
Re-entry into Foster Care
Current law allows for the court to resume jurisdiction over a former nonminor dependent or ward of the court. In these cases, a youth who was receiving foster care services when he or she turned 18 may opt to re-enter foster care and draw down services to help transition into adulthood. In addition, the law allows a former foster youth, whose adoptive parent or guardian dies before the youth turns 21 or whose adoption or guardianship is disrupted, to re-enter the dependency system as a nonminor dependent if he or he or she meets the criteria.
In order to re-enter the dependency system, a nonminor dependent must submit a petition to the juvenile court for a hearing to ask the court to resume dependency. A court has 15 days in which to set the hearing, and must notify the nonminor and appropriate child welfare or probation department, as well as any other person requested by the nonminor of the hearing’s time, date and location. Prior to the hearing, the nonminor may voluntarily re-enter the dependency system if the guardian or adoptive parent has died or is no longer receiving aid or benefits on behalf of the nonminor.
In Re: Jesse S.
In May of 2017, the Court of Appeals decided a case regarding a nonminor whose adoptive parents were no longer providing ongoing support and in which the minor had applied for reentry into the dependency system and was denied because his adoptive parents were receiving payments on the nonminor’s behalf. The Court of Appeals reluctantly affirmed the determination denying reentry, due to the trial court’s interpretation of Section 388.1(a)(4) of the Welfare and Institutions Code to mean that a nonminor is eligible for reentry only if their adoptive parents no longer provide the minor with ongoing support and no longer collect AAP benefits on behalf of that minor. The Court of Appeals noted that the Legislature likely did not intend for reentry to be barred by delays in the stopping of AAP payments, but found that they could not interpret this from the statute as written. The Court of Appeals invited the Legislature to clarify the applicable code section if their intent was not met by this decision.
In response to this decision, this bill would strike the requirement that adoptive parents or guardians no longer receive AAP benefits or KIN-Gap benefits on behalf of the nonminor.
Related legislation:
AB 604 (Gipson, Chapter 707, Statutes of 2017) was substantially similar to this bill upon introduction, but was later amended to require the court to assume transition jurisdiction over a youth who was arrested for or convicted of any nonviolent offense committed while he or she was a victim of human trafficking regardless of a court order vacating the underlying adjudication.
SB 823 (Block, Chapter 650, Statutes of 2016) authorizes the court, upon making specified findings, to vacate the conviction or adjudication of a child for solicitation or prostitution, and provides for the sealing and destruction of the petitioner’s arrest and court records, as specified.
AB 885 (Lopez, 2016) was substantially similar to portions of this bill. It would have allowed a former foster youth to re-enter care by removing the requirement that a guardian or adoptive parent must no longer be receiving Kin-GAP aid or adoption assistance in order for a nonminor to be able to petition the court to remain in foster care. This bill was vetoed by the Governor.
SB 1322 (Mitchell, Chapter 654, Statutes of 2016) makes charges of prostitution and loitering with intent to commit prostitution inapplicable to a child under 18 years of age, as specified, and authorizes the minor to be taken into temporary custody under limited circumstances.
AB 212 (Beall, Chapter 459, Statutes of 2011) made various clarifying and substantive changes to the California Fostering Connections to Success Act in order to ensure proper implementation on January 1, 2012, and other changes to existing state law in order to comply with various provisions of federal law.
AB 12 (Beall, Chapter 559, Statutes of 2010) the “California Fostering Connections to Success Act,” conformed state law to federal requirements to revise and expand programs and funding for certain foster and adopted children.
PRIOR VOTES
Assembly Floor: | 78 - 0 |
Assembly Appropriations Committee: | 16 - 0 |
Assembly Human Services Committee: | 7 - 0 |
POSITIONS
Support:
Alliance for Children’s Rights
Aspiranet
California Women’s Law Center
CASA of Sacramento
Children Now
Children’s Law Center
Dependency Legal Services
East Bay Children’s Law Offices
First Place for Youth
Foster care Counts
Hillsides
Jean Domanski, Educational Rights Holder
John Burton Advocates for Youth
Juvenile Court Judges of California
Law Foundation of Silicon Valley
Law Offices of Dale S. Wilson
National Association of Social Workers
National Center for Youth Law
The California Alliance of Child and Family Services
The California Coalition for Youth
Tipping Point Community
Youth Law Center
Oppose:
None received
-- END --
Webster, D., Lee, S., Dawson, W., Magruder, J., Exel, M., Cuccaro-Alamin, S., Putnam-Hornstein, E., Wiegmann, W., Saika, G., Eyre, M., Chambers, J., Min, S., Randhawa, P., Sandoval, A., Yee, H., Tran, M., Benton, C., White, J., & Lee, H. (2018). CCWIP reports. Retrieved 6/6/2018, from University of California at Berkeley California Child Welfare Indicators Project website. URL: <http://cssr.berkeley.edu/ucb_childwelfare> (as of June 17, 2016). ↑
Senator Hannah-Beth Jackson, Chair
2017-2018 Regular Session
Bill No: AB 2337 (Author:Gipson)
Version: February 13, 2018
Hearing Date: June 19, 2018
Fiscal: Yes
Urgency: No
Consultant: JDT
SUBJECT
Nonminor dependents
DESCRIPTION
This bill would allow certain youth between 18 and 21 years of age who were not made dependents of the juvenile court by age 18, but whose cases had initiated before then, to participate in transitional foster care.
BACKGROUND
Each year in California, about 5,000 youth emancipate from foster care, which is by far the largest number of any state in the union. According to data from the state’s Child Welfare Services/Case Management System, about 52,000 Californians emancipated from foster care between 1999 and 2009. The immediate outcomes for these young adults are sobering. Studies have shown that former foster youth, when compared to other young adults of the same age and race, are less likely to complete high school, attend college, or be employed. They are also at a higher risk for becoming homeless, arrested, or incarcerated. (See Foster Care in California, Public Policy Institute of California, 2010.)
In 1998, California established the Kinship Guardianship Assistance Payment program (the Kin-GAP program) to provide financial assistance for children who, after being adjudged dependents of the juvenile court, are placed in legal guardianship with a relative. (SB 1901 (McPherson, Chapter 1055, Statutes of 1998).) The bill was the result of a study that concluded that most relative caregivers have strong commitments to the children in their care, but are averse to adoption because it requires the termination of the parental rights of one of their family members. Moreover, while most relative caregivers supported permanency planning for a child, many did not pursue legal guardianship for fear of losing the needed financial support they obtained under the foster care system.
In October 2008, the federal government enacted the Fostering Connections to Success and Increasing Adoptions Act (Public Law 110-351) which offers states the opportunity to opt-in to new federal funding streams if they choose to provide kinship-guardianship benefits to relative guardians or provide foster care to 18 to 21-year-old youth. AB 12 (Beall and Bass, Chapter 559, Statutes of 2010), the California Fostering Connections to Success Act (Act), authorized the juvenile courts to exercise jurisdiction over and extend foster care benefits to nonminor dependents between the ages of 18 to 21 if they meet the specified criteria. One year later, the Legislature enacted AB 212 (Beall, Chapter 459, Statutes of 2011) to aid in the implementation of the Act. AB 1712 (Beall, Chapter 846, Statutes of 2012) and AB 787 (Stone, Chapter 487, Statutes of 2013) further clarified specific issues related to that implementation, including clarifying that former nonminor dependents (NMD) who reached permanency, but whose guardian, relative, or adoptive parent died before their 21st birthday, may reenter extended foster care. AB 2454 (Quirk-Silva, Ch. 769, Stats. 2014) continued the Legislature’s efforts to ensure the Act is properly implemented by ensuring that NMDs whose guardian or adoptive parents fail to support them, as specified, are able to petition the court for reentry into the extended foster care program.
This bill would continue these efforts to ensure the Act is properly implemented by extending foster care benefits to nonminors who:
- were subject to an order for foster care before reaching 18 years of age but were not yet adjudged a ward or dependent of the juvenile court before reaching 18 years of age;
- appealed an order to dismiss a petition for juvenile court jurisdiction but whose cases were not resolved before they reached 18 years of age; or
- exited foster care through the Kinship Guardian Assistance Program (Kin-GAP) or Adoption Assistance Program (AAP) as eligible for extended foster care benefits but did not necessarily receive those benefits.
CHANGES TO EXISTING LAW
Existing law, the California Fostering Connections to Success Act (Act), is a voluntary program for youth who meet specified work and education participation criteria. The Act provides, among other things, for the extension of transitional foster care benefits to eligible youth up to age 21, as specified. (Welf. & Inst. Code Sec. 11403 et seq.)
Existing law provides for the voluntary continuation or reentry into foster care for nonminor dependents who meet general Aid to Families with Dependent Children-Foster Care (AFDC-FC) requirements, and when the nonminor youth has signed a voluntary mutual agreement and one or more of the following conditions exist:
- the nonminor is working toward his or her high school education or an equivalent credential;
- the nonminor is enrolled in a postsecondary institution or vocational education program;
- the nonminor is participating in a program or activity designed to promote or remove barriers to employment;
- the nonminor is employed for at least 80 hours per month; and/or,
- the nonminor is incapable of doing any of the activities described above, due to a medical condition, and that incapability is supported by regularly updated information in the case plan of the nonminor. (Welf. & Inst. Code Sec. 11403.)
Existing law defines a “nonminor dependent” as a foster child who is a current dependent child or ward of the juvenile court, or who is a nonminor under the transitional jurisdiction of the juvenile court, and has turned 18 while under an order of foster care placement by a county welfare or probation department, or other entities as specified, and has a transitional independent living case plan, as defined. (Welf. & Inst. Code Sec. 11400(v).)
Existing law defines “nonminor former dependent or ward” as either:
- a nonminor who reached 18 years of age while subject to an order for foster care placement, for whom dependency, delinquency, or transitional jurisdiction has been terminated, and who is still under the general jurisdiction of the court; or
- a nonminor who is over 18 years of age and, while a minor, was a dependent child or ward of the juvenile court when the guardianship was established, as specified, and the juvenile court dependency or wardship was dismissed following the establishment of the guardianship. (Welf. & Inst. Code Sec. 11400(aa).)
Existing law provides that nonminor former dependents or wards are not eligible for reentry into extended foster care as nonminor dependents of the juvenile court, unless certain conditions apply. (Welf. & Inst. Code Sec. 11403.)
Existing law establishes the jurisdiction of the dependency court over children who have suffered or are at substantial risk of suffering serious physical harm inflicted non-accidentally upon the child by the child’s parent or guardian or as a result of the failure or inability of his or her parent or guardian to provide adequate supervision. (Welf. & Inst. Code Sec. 300 et seq.)
Existing law provides that a juvenile court may resume jurisdiction over a nonminor who has attained 18 years of age, but not yet attained 21 years of age, and for whom the court has dismissed dependency, delinquency, or transitional jurisdiction. (Welf. & Inst. Code Sec. 303.)
Existing law provides that at the last review hearing to be held before a minor dependent attains 18 years of age, the court must ensure the case plan for the minor includes a plan for the minor to satisfy the requirements of extended foster care, as provided. (Welf. & Inst. Code Sec. 366.31.)
Existing law requires each licensed foster family agency to submit reports for each nonminor dependent in its care to the court concerning the continuing appropriateness and extent of compliance with the nonminor dependent’s permanent plan, the extent of compliance with the transitional independent living case plan, and the type and adequacy of services provided to the nonminor dependent. (Welf. & Inst. Code Sec. 366.31(g).)
Existing law provides that the dependency court shall not terminate jurisdiction over a nonminor unless a hearing is conducted to consider the termination of the jurisdiction of the juvenile court, as provided. (Welf. & Inst. Code Sec. 391.)
Existing law provides that a nonminor who has not attained 21 years of age and who was previously found to be a dependent or delinquent child of the juvenile court may petition for a hearing to determine whether the court should assume dependency jurisdiction over the nonminor if the nonminor’s guardian(s) or adoptive parent(s), as applicable:
- died after the minor attained 18 years of age; or
- are no longer providing ongoing support to, and no longer receive Adoption Assistance Program (AAP) benefits or Kinship Guardianship Assistance Payment (Kin-GAP) benefits on behalf of, the nonminor after the nonminor attained 18 years of age but before the nonminor attained 21 years of age. (Welf. & Inst. Code Sec. 388.1.)
This bill would provide that a juvenile court is not precluded from finding that a youth is within its jurisdiction on the sole basis that the person has turned 18 years of age before adjudication and disposition of the petition, as long as the court makes a prima facie finding that the youth would otherwise be within the court’s jurisdiction and continuance in the home of the parent would be contrary to the welfare of the child, provided that the child agrees to submit to the jurisdiction of the court; otherwise, the court must dismiss the petition.
This bill would allow an appellate or juvenile court, in instances where a timely appeal is taken or other appellate relief is sought from an order dismissing a petition for dependency jurisdiction, to enter an order sustaining the petition, regardless of whether the youth has turned 18 years of age in the interim.
This bill would require the court to conduct a hearing, as specified, within 10 court days if the court finds that a nonminor is within its jurisdiction, to advise the parties of their right to be present at the hearing, and, following the filing of a social worker’s required report that addresses the nonminor’s need for court supervision and intervention, to make specified determinations.
This bill would require the court, if it finds that it is in the best interest of the nonminor to remain in foster care, that the nonminor is not able to safely reside in the home of a parent or guardian, and that the nonminor intends to satisfy at least one of the extended foster care eligibility criteria specified in current law, to declare the youth a nonminor dependent and order that:
- placement and care of the nonminor be the responsibility of the county child welfare agency;
- a permanent plan for the nonminor be created;
- a transitional independent living case plan be developed within 60 days; and
- a review hearing for the nonminor be set within six months.
This bill would require the court, if it finds that it is not in the best interest of the nonminor to remain in foster care, that the nonminor is able to safely reside in the home of a parent or guardian, or that the nonminor does not intend to satisfy at least one of the extended foster care eligibility criteria, to set a hearing to terminate jurisdiction, as specified in existing law.
This bill would expand the provision that a nonminor under 21 years of age may petition the court in which he or she was previously found to be a dependent or delinquent child of the juvenile court for a hearing to determine whether to assume jurisdiction if he or she received aid to include:
- a nonminor who is eligible to receive aid after 18 years of age under Kin-GAP and whose former guardian died or no longer provides ongoing support to the nonminor; or
- a nonminor who is eligible to receive AAP payments and whose adoptive parents died or no longer provide ongoing support to the nonminor after the nonminor attained 18 years of age.
This bill would delete the requirement that a nonminor’s former guardian or adoptive parent no longer receive Kin-GAP or AAP payments on their behalf in order for the youth to petition the court for a hearing to determine whether to assume dependency jurisdiction.
This bill would include a nonminor’s adoptive parents and guardians among the individuals to whom the court must give notice before a hearing to consider a petition to assume dependency jurisdiction over a nonminor and would require that the notice must be given at least three days prior to the hearing.
This bill would allow a nonminor to enter into a voluntary agreement to reenter dependency jurisdiction, as specified in current law, if either the nonminor’s guardians or adoptive parents have died or are no longer providing ongoing support and are no longer receiving aid payment on behalf of the nonminor.
This bill would include in the definition of “nonminor dependent” an individual who attained 18 years of age while under a temporary order for foster care placement and was declared a nonminor dependent; and an individual for whom the court has ordered the development of a transitional independent living case plan.
This bill would include in the definition of “nonminor former dependent or ward” an individual who reached 18 years of age while under a temporary order for foster care placement and was declared a nonminor dependent.
This bill would extend the eligibility for Aid to Families with Dependent Children- Foster Care (AFDC-FC), AAP, or Kin-GAP payments to nonminor dependents who were eligible to receive benefits under specified circumstances.
COMMENT
1. Stated need for the bill
According to the author:
Following a childhood of overcoming barriers, foster youth deserve the support that they need to thrive. AB 2337 will eliminate administrative barriers to ensure that the limited number of youth in certain narrow situations in need of transitional services are able to enter or re-enter extended foster care. Administrative barriers and loopholes should not prevent foster youth from accessing the services that they critically need.
In support, John Burton Advocates for Youth writes:
We as an organization work to improve quality of life outcomes for foster, former foster, and homeless youth through the development of policy solutions. As one of the sponsors of AB 12, we recognized that youth services and support are needed past the age 18 to increase the rate of success transition into adulthood. As extended foster care has been implemented, we want to continue to improve and streamline it to see that foster youth have the foundation they need to live out their dreams.
The extended foster care program was signed into law in 2012 (AB 12, Statutes of 2012) giving youth in foster care the availability to remain in foster care up to age 21. Many youth in foster care who have not achieved permanency by age 18 rely on the extended foster care program for additional years of supports and services. However, since the program’s implementation, there have been unintended administrative hurdles that prevent certain youth from being able to access the program.
AB 2337 will address specific technical barriers that prevent a foster youth from accessing extended foster care. The bill ensures that youth who are ordered into a foster care placement but who do not reach the final adjudication of their case until after age 18 maintain their right to have their case fully adjudicated through appeal. AB 2337 also ensures youth are not delayed in exercising their existing right to re-enter foster care in the event their guardian or adoptive parent ceases to provide support by allowing youth to petition the court for re-entry in cases where the Adoption Assistance Payment (AAP) or Kinship Guardianship Assistance(Kin-GAP funding) has not yet been terminated by the county.
AB 2337 will ensure that foster youth are able to access the extended foster care program to receive the supports and services they need to successfully transition to adulthood.
2. California Fostering Connections to Success Act of 2010
The California Fostering Connections to Success Act (Act) provides for the voluntary continuation or reentry into foster care for nonminor dependents who meet general Aid to Families with Dependent Children-Foster Care requirements, and when the nonminor youth has signed a voluntary mutual agreement and one or more of the following conditions exist:
- the nonminor is working toward his or her high school education or an equivalent credential;
- the nonminor is enrolled in a postsecondary institution or vocational education program;
- the nonminor is participating in a program or activity designed to promote or remove barriers to employment;
- the nonminor is employed for at least 80 hours per month; and/or,
- the nonminor is incapable of doing any of the activities described above, due to a medical condition, and that incapability is supported by regularly updated information in the case plan of the nonminor. (Welf. & Inst. Code Sec. 11403.)
According to the Assembly Committee on Appropriations analysis of this bill:
The goal of the Act is to assist nonminor dependents in their transition to adulthood by providing them with the opportunity to create a case plan alongside their caseworkers tailored to their individual needs, which charts the course towards independent living through incremental levels of responsibility. It is a voluntary program grounded in evidence of how the option of continued support to age 21 can counter the dismal outcomes faced by youth who are forced to leave the foster care system at age 18. Those outcomes include high rates of homelessness, incarceration, reliance on public assistance, teen pregnancy, and low rates of high school and postsecondary graduation.
[…]
There are currently around 60,000 foster children and youth statewide, about 7,000 of whom are ages 18 through 20. The Legislative Analyst’s Office (LAO) performed caseload and cost projections regarding the proposal in this bill at the request of the bill’s author. Noting a large degree of uncertainty due to a lack of relevant caseload data, the LAO estimated the annual caseload increase under this bill will likely range from 50 to 120 foster youth statewide.
3. Eliminating unintended barriers to transitional support
Two recent cases have highlighted gaps in the Act that have resulted in the exclusion of nonminors in need from the foster care system. In the first case, In re Jesse S. (2017) 12 Cal.App.5th 611, the plaintiff requested reentry into the juvenile dependency system under Welfare and Institutions Code Section 388.1 four months before his 20th birthday, claiming that the couple who adopted him the day before his 18th birthday were no longer supporting him, even though they were receiving payments on his behalf from California’s Adoption Assistance Program. The trial court concluded that the literal language of Section 388.1(a)(4)—which enables a nonminor to return to the juvenile dependency system if “his or her adoptive parents no longer provide ongoing support to, and no longer receive benefits on behalf of, the nonminor” (emphasis added)—precluded Jesse from reentry. The Court of Appeal “reluctantly” upheld the trial court decision, reasoning that the Legislature could have intended this anomalous and harsh result due to budgetary constraints. The court stated: “We publish our opinion in the hope the Legislature will either change the law or—by reconsidering it and leaving it unchanged—reassure us that the present system is what they intended.” (Id. pp. 613-614.)
The second case, In re David B. (2017) 12 Cal.App.5th 633 involved a homeless, wheelchair-bound diabetic who was a past victim of gun violence and was abandoned by his mother, and left without means of support. His dependency petition was filed when he was age 17 years, 11 months, but was denied. David B. attempted to appeal the denial, but at the time of appeal he was over age 18. Because the statutes governing nonminors in the dependency system plainly envision the initiation of jurisdiction before the person turned 18 years of age, providing that jurisdiction may be “retaine[ed],” “continu[ed]” or “resum[ed],” the court “reluctantly” concluded that the denial of the dependency petition was unreviewable. (Id. at p. 638.) The court stated: “In essence, the Legislature created a form of dependency jurisdiction for nonminors until age 21, but made it derivative of dependency jurisdiction assumed prior to age 18.” (Ibid.)
This bill is intended to prevent the types of unfortunate results that the Courts of Appeal have reluctantly upheld. The bill would generally expand the universe of youth who qualify for extended foster care benefits under the Act, in order to better help these young, at-risk individuals better transition to adulthood. Among other things, this bill would:
- enable a court to provide extended foster care to a youth if the youth is in a temporary foster care placement when he or she turns 18;
- prevent a court from dismissing dependency jurisdiction solely because the youth turned 18 during the court process; and
- allow an appellate court to reverse a trial court’s denial of dependency jurisdiction, even after a youth has turned 18.
The bill would also ensure that youth are eligible for transitional foster care benefits if they were eligible for, but did not necessarily receive, Kin-GAP or AAP assistance or their guardian or adoptive parent continues to receive Kin-GAP or AAP assistance, but fails to support the youth. Consequently, the bill would help ensure that nonminors in need of the resources of the dependency system are not denied transitional support due to simple technicalities.
4. Author’s amendments
The author has proposed the following technical amendments:
Amendment 1
On page 3, in line 6, after the comma insert:
the court has found that he or she is a person described by Section 300 of the Welfare and Institutions Code
Amendment 2
On page 4, in line 3, strike out “Nothing in this” and insert:
This
Amendment 3
On page 4, in line 6, strike out “to”
Amendment 4
On page 6, in line 30, strike out “shall not be construed to” and insert:
does not
Amendment 5
On page 6, in line 35, strike out “(l)”
Amendment 6
On page 6, in lines 36 and 37, strike out “has turned” and insert:
will turn
Amendment 7
On page 6, in line 37, strike out “adjudication and”
Amendment 8
On page 6, strike out line 38 and 39, on page 7, strike out lines 1 and 2 and insert:
Petition
Amendment 9
On page 7, strike out lines 3 to 7, inclusive
Amendment 10
On page 7, in line 19, after “relief” insert:
is
Amendment 11
On page 9, strike out lines 16 to 18, inclusive, and insert:
(d) If the court finds that a child is a person described by Section 300, and the child turns 18 years of age prior to the dispositional proceeding, the court shall conduct the dispositional proceeding pursuant to subdivision (c) of Section 361.6.
Amendment 12
On page 16, in line 26, strike out “16504.5,” and insert:
16504.5
Amendment 13
On page 32, in line 30, strike out “dependents,” and insert:
dependents
Amendment 14
On page 32, in line 35, strike out “391,” and insert:
391
This bill will next be heard in the Senate Committee on Human Services. Due to time constraints, these amendments will be taken in that committee.
Support: Alliance for Children’s Rights; Aspiranet; California Alliance of Child and Family Services; California Women’s Law Center; Children Now; Court Appointed Special Advocates of Sacramento County; Dependency Legal Services; East Bay Children’s Law Offices; First Place for Youth; Foster Care Counts; Hillsides; John Burton Advocates for Youth; Juvenile Court Judges of California; Law Office of Dale S. Wilson; Legal Advocates for Children and Youth, a program of the Law Foundation of Silicon Valley; National Association of Social Workers – California Chapter; National Center for Youth Law; Youth Law Center; one individual
Opposition: None Known
HISTORY
Source: Alliance for Children’s Rights; California Coalition for Youth; Children’s Law Center of California; Tipping Point
Related Pending Legislation: None Known
Prior Legislation:
AB 12 (Beall and Bass, Ch. 559, Stats. 2010) enacted the California Fostering Connections to Success Act. See Background
AB 212 (Beall, Ch. 459, Stats. 2011). See Background
AB 1712 (Beall, Ch. 846, Stats. 2012). See Background
AB 787 (Stone, Ch. 487, Stats. 2013). See Background
AB 2454 (Quirk-Silva, Ch. 769, Stats. 2014). See Background
Prior Vote:
Assembly Floor (Ayes 78, Noes 0)
Assembly Appropriations Committee (Ayes 16, Noes 0)
Assembly Judiciary Committee (Ayes 10, Noes 0)
Assembly Human Services Committee (Ayes 7, Noes 0)
**************
ASSEMBLY THIRD READING
ATR Bill Id:
Author:(Gipson)
As Introduced Ver:February 13, 2018
Majority vote
Committee | Votes | Ayes | Noes |
Human Services | 7-0 | Rubio, Choi, Arambula, Maienschein, Reyes, Mark Stone, Thurmond | |
Judiciary | 10-0 | Mark Stone, Cunningham, Chau, Chiu, Gonzalez Fletcher, Holden, Kalra, Kiley, Maienschein, Reyes | |
Appropriations | 16-0 | Gonzalez Fletcher, Bigelow, Bloom, Bonta, Calderon, Carrillo, Chau, Eggman, Fong, Friedman, Gallagher, Eduardo Garcia, Nazarian, Obernolte, Quirk, Reyes |
|
SUMMARY: Includes a youth who was subject to an order for foster care before he or she reached 18 years of age but was not yet adjudged a ward of the juvenile court before reaching his or her 18th birthday, a youth who appealed an order to dismiss a petition for juvenile court jurisdiction but whose case was not resolved before he or she reached 18 years of age, and a youth who exited foster care through the Kinship Guardian Assistance Program (Kin-GAP) or Adoption Assistance Program (AAP), as eligible for extended foster care benefits, as specified. Specifically, this bill:
- States Legislative intent related to ensuring under certain circumstances the entry and re-entry of nonminors into extended foster care.
- Allows the court to find that a youth is within the jurisdiction of the juvenile court on the sole basis that the youth turned 18 years old before adjudication and disposition of a petition, if the court found, prior to the youth's 18th birthday, that the youth is within the jurisdiction of the juvenile court and that continued residence in the home of the youth's parent would be a negatively impact to the youth's welfare, as specified.
- Allows a youth who is found to be within the jurisdiction of the juvenile court under certain provisions of this bill to be deemed a child in order to determine juvenile court jurisdiction if the nonminor agrees to submit to the court's jurisdiction, and, if the minor does not submit to the jurisdiction of the juvenile court, requires the court to dismiss the petition, as specified.
- Allows the appellate or juvenile court, in instances where a timely appeal is taken, or other appellate relief sought, from an order dismissing a petition for juvenile court jurisdiction, to enter an order sustaining the petition, as specified, regardless of whether the youth has turned 18 years of age. Further, specifies that if the court enters an order to sustain a petition for juvenile court jurisdiction, the order is deemed effective as of the date of the order of the dismissal from which the relief was granted.
- Requires the court to conduct a hearing, as specified in the provisions of this bill, within 10 court days if the court finds that the nonminor is within the jurisdiction of the juvenile court.
- Requires the court to conduct a hearing for a nonminor dependent who is found to be within the jurisdiction of the juvenile court, and specified, and further requires the court to advise certain parties of their right to be present at the hearing.
- Requires the social worker to file a report with the court, at least two calendar days prior to the hearing required by the provisions of this bill, describing the current need for court supervision and intervention, and further requires the report to address all of the following:
- Whether the nonminor is able to safely reside in the home of the parent or guardian;
- Whether it is in the nonminor's best interest to remain in foster care; and
- Whether the nonminor intends to satisfy at least one of the extended foster care eligibility criteria specified in current law.
- Requires the court to determine, at the hearing required by the provisions of this bill, all of the following:
- Whether it is in the nonminor's best interest to remain in foster care;
- Whether reasonable efforts were made to meet the youth's needs prior to placement into foster care;
- Whether the nonminor dependent is able to safely reside in the home of the parent or guardian; and
- Whether the nonminor intends to satisfy at least one of the extended foster care eligibility criteria specified in current law.
- Requires the court to declare the youth a nonminor dependent and order all of the following if the court finds that it is in the best interest of the nonminor to remain in foster care, that the nonminor is not able to safely reside in the home of the parent or guardian, and that the nonminor intends to satisfy at least one of the extended foster care eligibility criteria specified in current law:
- That placement and care be the responsibility of the county child welfare agency;
- That a permanent plan for the nonminor dependent be created; and
- That a transitional independent living case plan be developed within 60 days.
- Requires the court to set a review hearing for the nonminor dependent pursuant to current law, as specified, within six months.
- Requires the court to set a hearing to terminate jurisdiction, as specified in current law, if the court finds that it is not in the best interest of the nonminor to remain in foster care, that the nonminor is able to safely reside in the home of the parent or guardian, or that the nonminor does not intend to satisfy at least one of the extended foster care eligibility criteria specified in current law.
- Specifies that, for a nonminor who attained 18 years of age while subject to an order for foster care placement and who has not attained 21 years of age, a foster care placement includes a temporary order for foster care pursuant to current law if the person was declared a nonminor dependent, as specified.
- Expands the circumstances under which a nonminor under the age of 21 who was previously a dependent or delinquent child of the juvenile court may petition the court to assume dependency jurisdiction over him or her by allowing a nonminor former dependent to petition the court if, as specified: he or she was eligible to receive aid after reaching 18 years of age under Kinship Guardianship Payment (Kin-GAP) and whose former guardian or guardians died or no longer provide ongoing support to the nonminor after the nonminor attained 18 years of age but has not yet attained 21 years of age; or if he or she is a nonminor who was eligible to receive adoption assistance payments (AAP) payments and whose adoptive parent or parents died or no longer provide ongoing support to the nonminor after the nonminor attained 18 years of age but has not yet attained 21 years of age.
- Deletes the requirement that a nonminor former dependent's guardian or guardians or adoptive parent or parents no longer receive KIN-GAP or AAP payments on their behalf in order to allow the youth to petition the court for a hearing to determine whether to assume jurisdiction.
- Includes a nonminor's adoptive parent or parents, or guardian or guardians, among the individuals to whom the court must give at least notice before a hearing to consider a petition to assume dependency jurisdiction over a nonminor, and stipulates that such notice shall be given at least three days in advance of the hearing, as specified.
- Stipulates that a nonminor may enter into a voluntary reentry agreement, as specified in current law, if either: the nonminor's guardian or guardians or adoptive parent or parents, as applicable, have died, or are no longer providing ongoing support and are no longer receiving payment on behalf of the minor.
- Includes in the definition of "nonminor dependent": an individual who has attained 18 years of age while under a temporary order for foster care placement, as specified, and was declared a nonminor dependent pursuant to certain provisions of this bill; and an individual for whom the court has ordered the development of a transitional independent living case plan pursuant to certain provisions of this bill.
- Includes in the definition of "nonminor former dependent or ward" an individual who reached 18 years of age while under a temporary order for foster care placement, as specified, and was declared a nonminor dependent pursuant to certain provisions of this bill.
- Extends eligibility for Aid to Families with Dependent Children- Foster Care (AFDC-FC), AAP, or Kin-GAP payments to nonminor dependents who were eligible to receive benefits under certain circumstances, as specified.
- Makes technical changes.
EXISTING LAW:
- Establishes a state and local system of child welfare services, including foster care, for children who have been adjudged by the court to be at risk or have been abused or neglected, as specified. (Welfare and Institutions Code Section (WIC) 202)
- States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being physically, sexually, emotionally abused, neglected, or exploited, and to ensure the safety, protection, and physical and emotional well-being of children who are at risk of harm. (WIC 300.2)
- States the intent of the Legislature to preserve and strengthen a child's family ties whenever possible and to reunify a foster youth with his or her biological family whenever possible, or to provide a permanent placement alternative, such as adoption or guardianship. (WIC 16000)
- Requires a county to file a petition to the court requesting a detention hearing within 48 hours of placing a child under temporary custody to determine whether a child should remain in custody and whether any specific court permissions are necessary to provide for the health and safety of the child. (WIC 313 and 319)
- Requires a "detention hearing" to be held within 24 hours of the next court day whenever a detention petition is filed with the court. (WIC 315)
- Requires a juvenile court to hold a "jurisdictional hearing" within 15 judicial days of the petition filed to take the child into temporary custody to determine whether the court has jurisdiction to adjudicate the child. (WIC 334)
- Requires a juvenile court to hold a "dispositional hearing" within 60 days of the detention hearing to determine the appropriate placement for the youth if he or she is adjudicated to be a dependent of the court. (WIC 352(b))
- Provides for extended foster care funding for youth until age 21, as well as adopts other changes to conform to the federal Fostering Connections to Success Act. (WIC 241.1, 303, 366.3, 388, 391, 450, 11400, 11402, 11403)
- Defines "nonminor dependent" as a current or former foster youth who is between 18 and 21 years old, in foster care under the responsibility of the county welfare department, county probation department, or Indian Tribe, and participating in a transitional independent living plan, as specified. (WIC 11400 (v))
- Defines "nonminor former dependent or ward" as either: a) A nonminor who turned 18 while subject to an order for foster care placement, and for whom dependency, delinquency, or transition jurisdiction has been terminated, and who is still under the general jurisdiction of the court; or b) A nonminor who is at least 18 years old and, while a minor, was a dependent child or ward of the juvenile court when the guardianship was established, as specified, and the juvenile court dependency or wardship was dismissed following the establishment of the guardianship. (WIC 11400 (aa))
- Requires, pursuant to federal law as specified, an individual who was in foster care on his or her 18th birthday to receive Medi-Cal benefits until his or her 26th birthday, and to be continuously enrolled during this period without any interruption in coverage or new application required. (WIC 14005.28)
- Allows a nonminor former foster youth under the age of 21 to petition the court for re-entry into foster care if his or her guardian or adoptive parent is no longer providing him or her with support, as specified. (WIC 388.1)
- Establishes that termination of kinship guardianship also terminates eligibility for Kin-GAP unless specified conditions apply and an alternate guardian or co-guardian is appointed. (WIC 388.1 (e))
- Permits a nonminor former dependent who previously received Kin-GAP or AAP, and whose guardian or adoptive parent dies or no longer provides ongoing support or receives benefits on behalf of the nonminor, to petition the court to re-enter extended foster care if the nonminor meets other criteria for eligibility for extended foster care. (WIC 388.1 and WIC 11403 (c))
- Establishes the Kinship Guardianship Assistance Payment Program (Kin-GAP) in order to enhance family preservation by ensuring that youth are in long-term, stable placements with relatives, as specified. (WIC 11360, et seq.)
- Establishes the Adoption Assistance Program in order to benefit eligible children residing in foster care by providing the stability and security of permanent homes, as specified. (WIC 16115, et seq.)
FISCAL EFFECT: According to the Assembly Appropriations Committee, this bill may result in estimated ongoing annual total costs between $1.1 million and $2.6 million ($800,000 to $1.7 million General Fund) to provide extended foster care benefits to youth eligible under this bill. This is based on an estimated caseload increase of 50 to 120 foster youth statewide, the bulk of which are youth who turn 18 years old before their disposition hearing.
COMMENTS:
Dependency Court procedure: Children who have been removed from the custody of their parents are placed, temporarily, within the jurisdiction of the child welfare system pending a decision regarding the health and safety of the child. Social workers are required, within 48 hours of taking a child into temporary custody, to file a petition with the court requesting a detention hearing be conducted in order to determine whether the further detention of the child is necessary. If a county social worker petitions to declare the child a dependent of the court, current law requires that the detention hearing be held within 48 hours of the petition being filed. It is at the detention hearing that the social worker is tasked with outlining the allegations of abuse or neglect filed against the parent(s) of the child, as well as the rationale for removing the child from the custody of his or her parent(s). If the court determines that it is in the best interest of the child's welfare to remove him or her from the custody of his or her parent(s), the child is removed from his or her parents' custody, and permanent placement of the child is determined at a later date.
A jurisdictional hearing must occur within 15 days of when a child has been removed from the custody of his or her parents. It is at the jurisdictional hearing that the court determines whether the allegations outlined in the social worker's petition are true; if the allegations are deemed to be true, then the child is determined to be within the jurisdiction of the juvenile court, thereby prompting a dispositional hearing within 60 days of the initial detention hearing. At the dispositional hearing, the court determines the parameters of the family reunification plan and makes a determination as to where and with whom the child will reside. It is the intent of the law to place children with relatives or non-relative extended family members whenever possible, though foster family homes and group care settings are also utilized when necessary.
Population affected by this bill: The provisions of this bill seek to capture four specific populations of youth within the child welfare system, which are described in a memorandum prepared by the Legislative Analyst's Office (LAO) on March 7, 2018: youth who turn age 18 before resolution of their disposition hearing, youth who turn age 18 before the resolution of their dependency appeal, youth who are eligible for AAP or Kin-GAP but are receiving an alternative benefit, and youth whose parent or guardian do not provide support to the youth but still receive AAP payments or Kin-GAP on their behalf. According to the LAO, the cumulative total estimated number of youth who fall into these four categories ranges from 50 to 120 foster youth across the state; however, the memorandum stipulates that due to the unique nature of these populations, the youth affected by the provisions of this bill are not captured in current state administrative datasets. As a result, the caseload provided by the LAO is presented as ranges due to significant uncertainty and a number of assumptions used to arrive at the final caseload projections.
Kinship Guardian Assistance Payments (Kin-GAP): Kin-GAP is a cash aid program aimed at supporting foster children who have been placed in long-term foster care with a relative caregiver. SB 1901 (McPherson), Chapter 1055, statutes of 1998, provided a compromise between monthly foster care payments that foster youth are entitled to and the desire of some caregivers for a greater sense of permanency and autonomy over living arrangements by allowing youth to remain eligible for monthly payments equal to the county foster care family home rate, while also providing the freedom of a permanent placement. The Kin-GAP program was later extended to children whose juvenile court wardship is terminated in favor of guardianship with a relative caregiver through AB 1808 (Assembly Committee on Budget), Chapter 75, Statutes of 2006. Kinship consists of both Medi-Cal benefits and cash aid, and is provided as income directly to the foster child rather than the caregiver.
Adoption Assistance Program (AAP): In recognition of the financial hardships experienced by adoptive parents who attempt to meet the special needs of children previously placed in foster care, the State Legislature created the Adoption Assistance Program (AAP) to provide the security and stability of a permanent home. Adoptive families must submit a completed Request for Adoption Assistance form in order to apply for AAP benefits. The special needs of the child are then assessed and, if deemed eligible, a signed adoption assistance agreement is negotiated. A reassessment of the child's needs and the family's circumstances is conducted every two years which subsequently determines the amount of financial assistance provided to the family. Youth between the ages of 18 and 21 are eligible for continuing AAP if it is determined that they have a documented mental or physical condition or are participating in the extended adoptions program.
Aid to Families with Dependent Children- Foster Care (AFDC-FC): Currently the California child welfare system serves over 60,000 youth. Funding to provide for the needs of those youth can be either federally-funded or state-only funded. In order to be federally eligible for foster care, the home from which a foster youth was removed must meet AFDC eligibility criteria from 1996 AFDC in the month the petition is filed or in any of the six months prior to the month in which the petition is filed. In 1996, the income limit for a family of three to qualify for AFDC was $723. Due to the strict eligibility criteria required to qualify for federal AFDC-FC, the State of California created State AFDC-FC, which blends state and county funds to provide funding to foster youth placed with non-relative foster parents. The State AFDC-FC rate is equal to the rate provided to youth who are eligible for federal AFDC-FC.
Need for this bill: According to the author, "Following a childhood of overcoming barriers, foster youth deserve the support that they need to thrive. [This bill] will eliminate administrative barriers to ensure that the limited number of youth in certain narrow situations who are in need of transitional services are able to enter or re-enter extended foster care. Administrative barriers and loopholes should not prevent foster youth from accessing the services that they critically need."
Analysis Prepared by: Kelsy Castillo / HUM. S. / (916) 319-2089 FN: 0003213
Date of Hearing: April 18, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 2337
Author:(Gipson) – As Introduced Ver:February 13, 2018
Policy Committee: | Human Services | Vote: | 7 - 0 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill allows certain youth between 18 and 21 years of age who were not made dependents of the juvenile court by age 18, but whose cases had initiated before then, to participate in transitional foster care. Specifically, this bill makes eligible for extended foster care benefits:
- Youth who were subject to an order for foster care before reaching 18 years of age but were not yet adjudged a ward or dependent of the juvenile court before reaching 18 years of age.
- Youth who appealed an order to dismiss a petition for juvenile court jurisdiction but whose cases were not resolved before they reached 18 years of age.
- Youth who exited foster care through the Kinship Guardian Assistance Program (Kin-GAP) or Adoption Assistance Program (AAP) as eligible for extended foster care benefits but did not necessarily receive those benefits.
FISCAL EFFECT:
Estimated ongoing annual total costs between $1.1 million and $2.6 million ($800,000 to $1.7 million GF) to provide extended foster care benefits to youth eligible under this bill. This is based on an estimated caseload increase of 50 to 120 foster youth statewide, the bulk of which are youth who turn 18 years old before their disposition hearing (see a) above).
COMMENTS:
- Purpose. This bill seeks to expand the universe of youth who qualify for extended foster care benefits under the Fostering Connections to Success Act (FCSA) to better help these individuals more successfully transition to adulthood. The author writes:
Following a childhood of overcoming barriers, foster youth deserve the support that they need to thrive. AB 2337 will eliminate administrative barriers to ensure that the limited number of youth in certain narrow situations who are in need of transitional services are able to enter or re-enter extended foster care. Administrative barriers and loopholes should not prevent foster youth from accessing the services that they critically need.
- Background. The California Fostering Connections to Success Act of 2010 (FCSA) was landmark child welfare legislation that opted the state into two provisions of the federal Fostering Connections to Success and Increasing Adoptions Act of 2008. Specifically, the FCSA:
- Re-enacted California’s existing state- and county-funded Kin-GAP program to align it with new federal requirements and allowed the state to bring federal financial participation into California’s kinship guardianship assistance program for the first time.
- Provides transitional foster care support to qualifying foster youth ages 18 to 21.
The goal of the FCSA is to assist nonminor dependents in their transition to adulthood by providing them with the opportunity to create a case plan alongside their caseworkers tailored to their individual needs, which charts the course towards independent living through incremental levels of responsibility. It is a voluntary program grounded in evidence of how the option of continued support to age 21 can counter the dismal outcomes faced by youth who are forced to leave the foster care system at age 18. Those outcomes include high rates of homelessness, incarceration, reliance on public assistance, teen pregnancy, and low rates of high school and postsecondary graduation.
To be eligible to continue foster care benefits up to age 21, a nonminor dependent must a) continue under the jurisdiction of the juvenile court, b) sign a mutual agreement that commits both the nonminor and the placing agency to certain responsibilities, c) reside in an approved, supervised placement, d) work alongside the dependent’s caseworker to prepare and participate in the transitional independent living case plan, and e) and have the dependent’s status reviewed every six months. In addition, pursuant to the federal Fostering Connections Act, a nonminor dependent must meet certain work or education-related eligibility criteria.
There are currently around 60,000 foster children and youth statewide, about 7,000 of whom are ages 18 through 20. The Legislative Analyst’s Office (LOA) performed caseload and cost projections regarding the proposal in this bill at the request of the bill’s author. Noting a large degree of uncertainty due to a lack of relevant caseload data, the LAO estimated the annual caseload increase under this bill will likely range from 50 to 120 foster youth statewide.
- Prior Legislation.
AB 604 (Gipson), Chapter 707, Statutes of 2017, required the court to assume transitional jurisdiction over a minor or nonminor whose adjudication was vacated because he or she was a victim of human trafficking when the crime was committed.
AB 885 (Lopez), of the 2015-16 Legislative Session, vetoed based on costs, would have allowed more former foster youth to re-enter foster care upon the disruption of their permanent relationship.
AB 2454 (Quirk Silva), Chapter 769, Statutes of 2014, permitted a nonminor former dependent who previously received extended Kin-GAP or AAP, but whose former guardians are no longer providing support to the nonminor, to petition the court to resume dependency under the extended foster care program.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: April 10, 2018
ASSEMBLY COMMITTEE ON JUDICIARY
Mark Stone, Chair
ABPCA Bill Id:AB 2337
Author:(Gipson) – As Introduced Ver:February 13, 2018
PROPOSED CONSENT
SUBJECT: Nonminor dependents: extended foster care benefits
KEY ISSUE: SHOULD CERTAIN YOUTH BETWEEN 18 AND 21 YEARS OF AGE WHO WERE NOT MADE DEPENDENTS OF THE JUVENILE COURT BY AGE 18, BUT WHOSE CASES HAD INITIATED BEFORE THEN, BE ABLE TO PARTICIPATE IN TRANSITIONAL FOSTER CARE IN ORDER TO BETTER SURVIVE AND THRIVE?
SYNOPSIS
The California Fostering Connection to Success Act (FCSA) of 2010 provides transitional foster care support to qualifying foster youths aged 18-21 years to help them successfully transition to adulthood. It seeks to provide some of the same support that parents provide to their young adult children to help them succeed. Due to the complexity and fundamental improvements the FCSA made to the state’s child welfare system, follow up legislation has been needed to help ensure full and successful implementation. Last year, a bill by this bill’s same author, AB 604 (Gipson), Chap. 707, Stats. 2017, expanded jurisdiction for youth by allowing youth who were arrested for, or convicted of, any nonviolent offense committed while they were a victim of human trafficking and youth who were adopted but are no longer receiving support from their parents the right to petition a court for entry into extended foster care, even if the adoptive parents were still receiving aid for the youth.
This bill, sponsored by the Alliance for Children’s Rights, the California Coalition for Youth, and Tipping Point, continues the Legislature’s efforts to ensure the FCSA is properly implemented to provide necessary and integral support services to foster youth as they prepare and transition into adulthood by making several important changes. First and foremost, this bill allows a court to provide extended foster care to a youth if the youth is in a temporary foster care placement when he or she turns 18, prevents a court from dismissing dependency jurisdiction solely because the youth turned 18 during the court process, and allows an appellate court to reverse a trial court’s denial of dependency jurisdiction, even after a youth has turned 18. This will help ensure that youth will not be denied resources simply because they turn 18 during the juvenile court process, which can sometimes take months or longer. Second, this bill ensures that youth are eligible for transitional foster care benefits if they were eligible for, but did not necessarily receive, Kin-GAP or AAP assistance or their guardians or adoptive parents continue to receive Kin-GAP or AAP assistance, but fail to support the youth. This modest expansion is designed to ensure that youth who are otherwise eligible for critical benefits are not excluded from eligibility for minor bureaucratic difficulties. This bill passed the Assembly Human Services Committee unanimously, has broad support from children’s organizations, and has no opposition.
SUMMARY: Includes, as eligible for extended foster care benefits, a youth who was subject to an order for foster care before he or she reached 18 years of age but was not yet adjudged a ward or dependent of the juvenile court before reaching his or her 18th birthday, a youth who appealed an order to dismiss a petition for juvenile court jurisdiction but whose case was not resolved before he or she reached 18 years of age, and a youth who exited foster care through the Kinship Guardian Assistance Program (Kin-GAP) or Adoption Assistance Program (AAP), as eligible for extended foster care benefits but did not necessarily receive those benefits. Specifically, this bill:
- Allows the court to find that a youth is within the jurisdiction of the juvenile court on the sole basis that the youth turned 18 years old before adjudication and disposition of a petition, if the court, prior to the youth’s 18th birthday, made a prima facie finding that the youth is within the jurisdiction of the juvenile court and that continued residence in the home of the youth’s parent would be contrary to the youth's welfare, as specified. Allows the youth to be deemed a child in order to determine juvenile court jurisdiction if the nonminor agrees to submit to the court’s jurisdiction, and, if the minor does not submit to the jurisdiction, requires the court to dismiss the petition.
- Allows an appellate or juvenile court, in instances where a timely appeal is taken or other appellate relief is sought from an order dismissing a petition for dependency jurisdiction, to enter an order sustaining the petition regardless of whether the youth has turned 18 years of age in the interim. If the court sustains the petition, the order is deemed effective as of the date of the order of the dismissal from which the relief was granted.
- Requires the court to conduct a hearing, as specified, within 10 court days if the court finds that a nonminor is within the dependency jurisdiction of the juvenile court. Requires a dependency court to conduct a hearing for a nonminor who is found to be within its jurisdiction. Requires the court to advise the parties of their right to be present at the hearing. At least two days prior to the hearing, requires the social worker to file a report with the court describing the nonminor’s current need for court supervision and intervention, and addressing specified items. Requires the court to determine certain specified criteria.
- If the court finds that it is in the best interest of the nonminor to remain in foster care, that the nonminor is not able to safely reside in the home of a parent or guardian, and that the nonminor intends to satisfy at least one of the extended foster care eligibility criteria specified in current law, requires the court to declare the youth a nonminor dependent and order that:
- Placement and care of the nonminor be the responsibility of the county child welfare agency;
- A permanent plan for the nonminor be created;
- A transitional independent living case plan be developed within 60 days; and
- A review hearing for the nonminor be set within six months.
- If the court finds that it is not in the best interest of the nonminor to remain in foster care, that the nonminor is able to safely reside in the home of a parent or guardian, or that the nonminor does not intend to satisfy at least one of the extended foster care eligibility criteria, requires the court to set a hearing to terminate jurisdiction, as specified in current law.
- Specifies that, if a nonminor is declared a nonminor dependent pursuant to 4), above, a foster care placement includes a temporary order for foster care.
- Expands the provision that a nonminor under 21 years of age may petition the court in which he or she was previously found to be a dependent or delinquent child of the juvenile court for a hearing to determine whether to assume jurisdiction if he or she received aid to include:
- A nonminor who is eligible to receive aid after 18 years of age under Kin-GAP and whose former guardian died or no longer provides ongoing support to the nonminor; or
- A nonminor who is eligible to receive AAP payments and whose adoptive parents died or no longer provide ongoing support to the nonminor after the nonminor attained 18 years of age.
- Deletes the requirement that a nonminor’s former guardian or adoptive parent no longer receive Kin-GAP or AAP payments on their behalf in order for the youth to petition the court for a hearing to determine whether to assume dependency jurisdiction.
- Includes a nonminor’s adoptive parents and guardians among the individuals to whom the court must give notice before a hearing to consider a petition to assume dependency jurisdiction over a nonminor and requires that the notice must be given at least three days prior to the hearing.
- Allows a nonminor to enter into a voluntary agreement to reenter dependency jurisdiction, as specified in current law, if either the nonminor’s guardians or adoptive parents have died or are no longer providing ongoing support and are no longer receiving aid payment on behalf of the nonminor.
- Includes in the definition of “nonminor dependent” an individual who attained 18 years of age while under a temporary order for foster care placement and was declared a nonminor dependent as provided in 4), above; and an individual for whom the court has ordered the development of a transitional independent living case plan under 4), above.
- Includes in the definition of “nonminor former dependent or ward” an individual who reached 18 years of age while under a temporary order for foster care placement and was declared a nonminor dependent under 4), above.
- Extends eligibility for Aid to Families with Dependent Children- Foster Care (AFDC-FC), AAP, or Kin-GAP payments to nonminor dependents who were eligible to receive benefits under specified circumstances.
EXISTING LAW:
- Establishes the California Fostering Connections to Success Act of 2010 (FCSA) which, among other provisions:
- Provides for the extension of transitional foster care to eligible youth up to age 21 as a voluntary program for youth who meet specified work and education participation criteria; and
- Requires changes to the Kin-GAP program in order to allow for federal financial participation in the program. (AB 12 (Beall), Chap. 559, Stats. 2010.)
- Defines a “nonminor dependent” as a current or former foster child between the ages of 18 and 21 who is in foster care and under the responsibility of the county welfare department, county probation department, or Indian tribe and is participating in a transitional independent living plan. (Welfare & Institutions Code Section 11400 (v). Unless stated otherwise, all further statutory references are to the Welfare & Institutions Code.)
- Defines “nonminor former dependent or ward” as either:
- A nonminor who turned 18 while subject to an order for foster care placement, and for whom dependency, delinquency, or transition jurisdiction has been terminated, and who is still under the general jurisdiction of the court; or
- A nonminor who is at least 18 years old and, while a minor, was a dependent child or ward of the juvenile court when the guardianship was established, as specified, and the juvenile court dependency or wardship was dismissed following the establishment of the guardianship. (Section 11400 (aa).)
- Allows a nonminor former foster youth under the age of 21 to petition the court for re-entry into foster care if his or her guardian or adoptive parent is no longer providing him or her with support, as specified. (Section 388.1.)
- Provides for the voluntary continuation or reentry into foster care for nonminor dependents who meet general Aid to Families with Dependent Children-Foster Care (AFDC-FC) requirements, as specified. (Section 11403.)
- Permits re-entry into extended foster care for a nonminor dependent whose guardian or adoptive parent died if the nonminor dependent is between the age of 18 and 21. (Section 11403 (c).)
- Requires the court to assume transition jurisdiction, as specified, over an individual regardless of a court order vacating the underlying adjudication related to nonviolent offenses committed while the individual was a victim of human trafficking, as specified in current law. Requires the Judicial Council, on or before January 1, 2019, to amend and adopt rules of court and develop appropriate forms to implement the requirement that the court assume transition jurisdiction over a victim of human trafficking who has had his or her underlying adjudication vacated, as specified. (Section 303.)
FISCAL EFFECT: As currently in print this bill is keyed fiscal.
COMMENTS: This bill seeks to expand the universe of youth who qualify for extended foster care benefits under the FCSA in order to better help these young, at-risk individuals more successfully transition to adulthood. In support of the bill, the author writes:
Following a childhood of overcoming barriers, foster youth deserve the support that they need to thrive. AB 2337 will eliminate administrative barriers to ensure that the limited number of youth in certain narrow situations who are in need of transitional services are able to enter or re-enter extended foster care. Administrative barriers and loopholes should not prevent foster youth from accessing the services that they critically need.
California Fostering Connections to Success Act of 2010: The FCSA was landmark child welfare legislation that opted the state into two provisions of the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Fostering Connections Act). Specifically, the FCSA:
- Re-enacted California’s existing state- and county-funded Kin-GAP program to align it with new federal requirements and allow the state to bring federal financial participation into California’s kinship guardianship assistance program for the first time; and
- Provides transitional foster care support to qualifying foster youth ages 18 to 21.
The goal of the FCSA is to assist nonminor dependents in their transition to adulthood, by providing them with the opportunity to create a case plan alongside their caseworkers tailored to their individual needs, which charts the course towards independent living through incremental levels of responsibility. It is a voluntary program grounded in evidence of how the option of continued support to age 21 can counter the dismal outcomes faced by youth who are forced to leave the foster care system at age 18, including high rates of homelessness, incarceration, reliance on public assistance, teen pregnancy, and low rates of high school and postsecondary graduation.
In essence, FCSA seeks to mirror the type of continued guidance and assistance most young adults receive from their parents and families in their late teens and early twenties. It provides nonminors with the option to petition to reenter care after 18 years of age, provided they meet the eligibility criteria set forth in federal and state law.
To be eligible to continue foster care benefits up to age 21, a nonminor dependent must: continue under the jurisdiction of the juvenile court; sign a mutual agreement which commits both the nonminor and the placing agency to certain responsibilities; reside in an approved, supervised placement; work alongside his or her caseworker to prepare and participate in the transitional independent living case plan; and have his or her status reviewed every six months. In addition, pursuant to the federal Fostering Connections Act, a youth must meet certain work or education-related eligibility criteria.
This Bill Expands the Universe of Vulnerable Youth Eligible for Extended Foster Care Benefits: Current law provides opportunities for the court to resume jurisdiction of a former nonminor dependent or ward of the court for specified reasons. In these cases, a youth who was receiving foster care services when she turned 18 may opt to re-enter foster care so that she may remain in a healthy and safe environment and draw down services to help her transition into adulthood. In addition, the law expands when a former foster youth, whose adoptive parent or guardian dies before the youth turns 21 or whose adoption or guardianship is disrupted, can re-enter the child welfare system as a nonminor dependent if he or she meets the specified criteria.
This bill allows a court to provide extended foster care to a youth if the youth is in a temporary foster care placement when he or she turns 18, prevents a court from dismissing dependency jurisdiction solely because the youth turned 18 during the court process, and allows an appellate court to reverse a trial court’s denial of dependency jurisdiction, even after a youth has turned 18. This will help ensure that the youth will not be cut off from resources simply because they turn 18 during the juvenile court process or the appellate, which can sometimes take months or longer. This legislation is partially in response to In re David B. (2017) 12 Cal.App.5th 633, in which an appellate court “reluctantly” agreed that the trial court’s denial of dependency jurisdiction for a wheelchair-bound diabetic just before he turned 18 prevented the appellate court, after the youth turned 18, from finding error and reversing that decision, which would have permitted the court to make the now nonminor a dependent of the juvenile court and eligible for assistance until age 21.
This bill also ensures that youth are eligible for transitional foster care benefits if they were eligible for, but did not necessarily receive, Kin-GAP or AAP assistance or their guardian or adoptive parent continues to receive Kin-GAP or AAP assistance, but fails to support the youth. This is a modest expansion of the category of youth who are eligible for extended foster care benefits and services that are designed to ensure that youth who are otherwise eligible for critical benefits are not excluded from eligibility for minor technicalities. As the court of appeals wrote in a case in which they requested that the Legislature either change the law or reassure the court that it intended this unfair result: “[T]he Legislature probably did not intend a former foster youth’s reentry in the dependency system to depend on the glacial bureaucratic processes which govern termination of AAP payments to adoptive parents no longer supporting adopted ex-foster care youth.” (In re Jesse S. (2017) 12 Cal.App.5th 611, 164.) That said, the court acknowledged that the “literal application of the statute” required such a result. (Ibid.) Hence the need for this legislation.
Co-sponsor Alliance for Children’s Rights states that this bill “eliminates specific administrative barriers and will ensure that youth in need of services are able to benefit from the critical safety net provided by the creation of the Extended Foster Care program. This proposal closes gaps in law, as identified by the California Court of Appeal, thereby ensuring that California’s foster youth have a fighting chance at a successful transition to adulthood.”
Prior Legislation: AB 604 (Gipson), Chap. 707, Stats. 2017, required the court to assume transitional jurisdiction over a minor or nonminor whose adjudication was vacated because he or she was a victim of human trafficking when the crime was committed, as specified.
AB 885 (Lopez), 2015, vetoed based on costs, would have allowed more former foster youth to re-enter foster care upon the disruption of their permanent relationship by, among other things, removing the requirement that a guardian or adoptive parent no longer receive Kin-GAP or AAP aid, and by the death of the nonminor's guardian or adoptive parent, some provisions included in this bill.
AB 2454 (Quirk Silva), Chap. 769, Stats. 2014, permitted a nonminor former dependent who previously received extended Kin-GAP or AAP, but whose former guardians are no longer providing support to the nonminor, to petition the court to resume dependency under the extended foster care program.
REGISTERED SUPPORT / OPPOSITION:
Support
Alliance for Children's Rights (co-sponsor)
California Coalition for Youth (co-sponsor)
Tipping Point (co-sponsor)
Aspiranet
California Alliance of Child and Family Services
California Women’s Law Center
Children Now
Court Appointed Special Advocates of Sacramento County
Dependency Legal Services
East Bay Children’s Law Offices
First Place for Youth
Foster Care Counts
Hillsides
John Burton Advocates for Youth
Juvenile Court Judges of California
Law Office of Dale S. Wilson
Legal Advocates for Children and Youth, a program of the Law Foundation of Silicon Valley
National Association of Social Workers – California Chapter
National Center for Youth Law
Youth Law Center
One individual
Opposition
None on file
Analysis Prepared by: Leora Gershenzon / JUD. / (916) 319-2334
Date of Hearing: March 20, 2018
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Blanca Rubio, Chair
ABPCA Bill Id:AB 2337 (
Author:Gipson) – As Introduced Ver:February 13, 2018
SUBJECT: Nonminor dependents
SUMMARY: Includes a youth who was subject to an order for foster care before he or she reached 18 years of age but was not yet adjudged a ward of the juvenile court before reaching his or her 18th birthday, a youth who appealed an order to dismiss a petition for juvenile court jurisdiction but whose case was not resolved before he or she reached 18 years of age, and a youth who exited foster care through the Kinship Guardian Assistance Program (Kin-GAP) or Adoption Assistance Program (AAP), as eligible for extended foster care benefits, as specified.
Specifically, this bill:
- States Legislative intent related to ensuring under certain circumstances the entry and re-entry of nonminors into extended foster care.
- Allows the court to find that a youth is within the jurisdiction of the juvenile court on the sole basis that the youth turned 18 years old before adjudication and disposition of a petition, if the court found, prior to the youth’s 18th birthday, that the youth is within the jurisdiction of the juvenile court and that continued residence in the home of the youth’s parent would be a negatively impact to the youth’s welfare, as specified.
- Allows a youth who is found to be within the jurisdiction of the juvenile court under certain provisions of this bill to be deemed a child in order to determine juvenile court jurisdiction if the nonminor agrees to submit to the court’s jurisdiction, and, if the minor does not submit to the jurisdiction of the juvenile court, requires the court to dismiss the petition, as specified.
- Allows the appellate or juvenile court, in instances where a timely appeal is taken, or other appellate relief sought, from an order dismissing a petition for juvenile court jurisdiction, to enter an order sustaining the petition, as specified, regardless of whether the youth has turned 18 years of age. Further, specifies that if the court enters an order to sustain a petition for juvenile court jurisdiction, the order is deemed effective as of the date of the order of the dismissal from which the relief was granted.
- Requires the court to conduct a hearing, as specified in the provisions of this bill, within 10 court days if the court finds that the nonminor is within the jurisdiction of the juvenile court.
- Requires the court to conduct a hearing for a nonminor dependent who is found to be within the jurisdiction of the juvenile court, and specified, and further requires the court to advise certain parties of their right to be present at the hearing.
- Requires the social worker to file a report with the court, at least two calendar days prior to the hearing required by the provisions of this bill, describing the current need for court supervision and intervention, and further requires the report to address all of the following:
- whether the nonminor is able to safely reside in the home of the parent or guardian;
- whether it is in the nonminor’s best interest to remain in foster care; and
- whether the nonminor intends to satisfy at least one of the extended foster care eligibility criteria specified in current law.
- Requires the court to determine, at the hearing required by the provisions of this bill, all of the following:
- whether it is in the nonminor’s best interest to remain in foster care;
- whether reasonable efforts were made to meet the youth’s needs prior to placement into foster care;
- whether the nonminor dependent is able to safely reside in the home of the parent or guardian; and
- whether the nonminor intends to satisfy at least one of the extended foster care eligibility criteria specified in current law.
- Requires the court to declare the youth a nonminor dependent and order all of the following if the court finds that it is in the best interest of the nonminor to remain in foster care, that the nonminor is not able to safely reside in the home of the parent or guardian, and that the nonminor intends to satisfy at least one of the extended foster care eligibility criteria specified in current law:
- that placement and care be the responsibility of the county child welfare agency;
- that a permanent plan for the nonminor dependent be created; and
- that a transitional independent living case plan be developed within 60 days.
- Requires the court to set a review hearing for the nonminor dependent pursuant to current law, as specified, within six months.
- Requires the court to set a hearing to terminate jurisdiction, as specified in current law, if the court finds that it is not in the best interest of the nonminor to remain in foster care, that the nonminor is able to safely reside in the home of the parent or guardian, or that the nonminor does not intend to satisfy at least one of the extended foster care eligibility criteria specified in current law.
- Specifies that, for a nonminor who attained 18 years of age while subject to an order for foster care placement and who has not attained 21 years of age, a foster care placement includes a temporary order for foster care pursuant to current law if the person was declared a nonminor dependent, as specified.
- Expands the circumstances under which a nonminor under the age of 21 who was previously a dependent or delinquent child of the juvenile court may petition the court to assume dependency jurisdiction over him or her by allowing a nonminor former dependent to petition the court if, as specified: he or she was eligible to receive aid after reaching 18 years of age under Kin-GAP and whose former guardian or guardians died or no longer provide ongoing support to the nonminor after the nonminor attained 18 years of age but has not yet attained 21 years of age; or if he or she is a nonminor who was eligible to receive adoption assistance payments (AAP) payments and whose adoptive parent or parents died or no longer provide ongoing support to the nonminor after the nonminor attained 18 years of age but has not yet attained 21 years of age.
- Deletes the requirement that a nonminor former dependent’s guardian or guardians or adoptive parent or parents no longer receive KIN-GAP or AAP payments on their behalf in order to allow the youth to petition the court for a hearing to determine whether to assume jurisdiction.
- Includes a nonminor’s adoptive parent or parents, or guardian or guardians, among the individuals to whom the court must give at least notice before a hearing to consider a petition to assume dependency jurisdiction over a nonminor, and stipulates that such notice shall be given at least three days in advance of the hearing, as specified.
- Stipulates that a nonminor may enter into a voluntary reentry agreement, as specified in current law, if either: the nonminor’s guardian or guardians or adoptive parent or parents, as applicable, have died, or are no longer providing ongoing support and are no longer receiving payment on behalf of the minor.
- Includes in the definition of “nonminor dependent”: an individual who has attained 18 years of age while under a temporary order for foster care placement, as specified, and was declared a nonminor dependent pursuant to certain provisions of this bill; and an individual for whom the court has ordered the development of a transitional independent living case plan pursuant to certain provisions of this bill.
- Includes in the definition of “nonminor former dependent or ward” an individual who reached 18 years of age while under a temporary order for foster care placement, as specified, and was declared a nonminor dependent pursuant to certain provisions of this bill.
- Extends eligibility for Aid to Families with Dependent Children- Foster Care (AFDC-FC), AAP, or Kin-GAP payments to nonminor dependents who were eligible to receive benefits under certain circumstances, as specified.
- Makes technical changes.
EXISTING LAW:
- Establishes a state and local system of child welfare services, including foster care, for children who have been adjudged by the court to be at risk or have been abused or neglected, as specified. (WIC 202)
- States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being physically, sexually, emotionally abused, neglected, or exploited, and to ensure the safety, protection, and physical and emotional well-being of children who are at risk of harm. (WIC 300.2)
- States the intent of the Legislature to preserve and strengthen a child’s family ties whenever possible and to reunify a foster youth with his or her biological family whenever possible, or to provide a permanent placement alternative, such as adoption or guardianship. (WIC 16000)
- Requires a county to file a petition to the court requesting a detention hearing within 48 hours of placing a child under temporary custody to determine whether a child should remain in custody and whether any specific court permissions are necessary to provide for the health and safety of the child. (WIC 313 and 319)
- Requires a "detention hearing" to be held within 24 hours of the next court day whenever a detention petition is filed with the court. (WIC 315)
- Requires a juvenile court to hold a "jurisdictional hearing" within 15 judicial days of the petition filed to take the child into temporary custody to determine whether the court has jurisdiction to adjudicate the child. (WIC 334)
- Requires a juvenile court to hold a "dispositional hearing" within 60 days of the detention hearing to determine the appropriate placement for the youth if he or she is adjudicated to be a dependent of the court. (WIC 352(b))
- Provides for extended foster care funding for youth until age 21, as well as adopts other changes to conform to the federal Fostering Connections to Success Act. (WIC 241.1, 303, 366.3, 388, 391, 450, 11400, 11402, 11403)
- Defines “nonminor dependent” as a current or former foster youth who is between 18 and 21 years old, in foster care under the responsibility of the county welfare department, county probation department, or Indian Tribe, and participating in a transitional independent living plan, as specified. (WIC 11400 (v))
- Defines “nonminor former dependent or ward” as either: a) A nonminor who turned 18 while subject to an order for foster care placement, and for whom dependency, delinquency, or transition jurisdiction has been terminated, and who is still under the general jurisdiction of the court; or b) A nonminor who is at least 18 years old and, while a minor, was a dependent child or ward of the juvenile court when the guardianship was established, as specified, and the juvenile court dependency or wardship was dismissed following the establishment of the guardianship. (WIC 11400 (aa))
- Requires, pursuant to federal law as specified, an individual who was in foster care on his or her 18th birthday to receive Medi-Cal benefits until his or her 26th birthday, and to be continuously enrolled during this period without any interruption in coverage or new application required. (WIC 14005.28)
- Allows a nonminor former foster youth under the age of 21 to petition the court for re-entry into foster care if his or her guardian or adoptive parent is no longer providing him or her with support, as specified. (WIC 388.1)
- Establishes that termination of kinship guardianship also terminates eligibility for Kin-GAP unless specified conditions apply and an alternate guardian or co-guardian is appointed. (WIC 388.1 (e))
- Permits a nonminor former dependent who previously received Kin-GAP or AAP, and whose guardian or adoptive parent dies or no longer provides ongoing support or receives benefits on behalf of the nonminor, to petition the court to re-enter extended foster care if the nonminor meets other criteria for eligibility for extended foster care. (WIC 388.1 and WIC 11403 (c))
- Establishes the Kinship Guardianship Assistance Payment Program (Kin-GAP) in order to enhance family preservation by ensuring that youth are in long-term, stable placements with relatives, as specified. (WIC 11360, et seq.)
- Establishes the Adoption Assistance Program in order to benefit eligible children residing in foster care by providing the stability and security of permanent homes, as specified. (WIC 16115, et seq.)
FISCAL EFFECT: Unknown.
COMMENTS:
Child Welfare Services: The primary objective of California’s Child Welfare Services (CWS) system is to protect children from abuse and neglect while also providing for their health, safety, and overall well-being. When it is determined that a child is at risk of abuse, neglect, or abandonment, county juvenile courts hold legal jurisdiction and the CWS system appoints a social worker in order to best serve the needs of the child. Through CWS, multiple opportunities arise for the judicial system to evaluate, review and determine the custody of the child, or determine the best out-of-home placement for the youth. Together, the judicial system and the child’s social worker role is to work to ensure that the best possible services are provided to the child. The CWS system also, when appropriate, works to reunite children who have been removed from the custody of their parents or guardians with individuals they consider to be family. California’s child welfare system currently serves over 60,000 children and youth.
Continuum of Care Reform (CCR): In response to a growing consensus among child welfare advocates at both the national and state level, DSS sponsored AB 403 (Stone), Chapter 773, Statutes of 2015, which reformed placement and treatment options for youth in foster care. Called “Continuum of Care Reform,” the legislation sought to improve outcomes for children and youth served by California’s CWS by reducing the reliance on congregate care as a placement option for foster youth. CCR reforms work to ensure that youth in foster care have their day-to-day physical, mental, and emotional needs met, and that they have the opportunity to grow up in permanent and supportive homes in order to grow into self-sufficient and successful adults. In 2016, AB 1997 (Stone), Chapter 612, Statutes of 2016, and in 2017, AB 404 (Stone), Chapter 732, Statutes of 2017, were signed into law and adopted changes to further facilitate implementation of CCR efforts.
Dependency Court procedure: Children who have been removed from the custody of their parents are placed, temporarily, within the jurisdiction of the child welfare system pending a decision regarding the health and safety of the child. Social workers are required, within 48 hours of taking a child into temporary custody, to file a petition with the court requesting a detention hearing be conducted in order to determine whether the further detention of the child is necessary. If a county social worker petitions to declare the child a dependent of the court, current law requires that the detention hearing be held within 48 hours of the petition being filed. It is at the detention hearing that the social worker is tasked with outlining the allegations of abuse or neglect filed against the parent(s) of the child, as well as the rationale for removing the child from the custody of his or her parent(s). If the court determines that it is in the best interest of the child’s welfare to remove him or her from the custody of his or her parent(s), the child is removed from his or her parents’ custody, and permanent placement of the child is determined at a later date.
A jurisdictional hearing must occur within 15 days of when a child has been removed from the custody of his or her parents. It is at the jurisdictional hearing that the court determines whether the allegations outlined in the social worker’s petition are true; if the allegations are deemed to be true, then the child is determined to be within the jurisdiction of the juvenile court, thereby prompting a dispositional hearing within 60 days of the initial detention hearing. At the dispositional hearing, the court determines the parameters of the family reunification plan and makes a determination as to where and with whom the child will reside. It is the intent of the law to place children with relatives or non-relative extended family members whenever possible, though foster family homes and group care settings are also utilized when necessary.
Extended foster care: In September 2010, Governor Schwarzenegger signed into law AB 12 (Beall), Chapter 559, Statutes of 2020, which offered extended foster care benefits to youth between 18 and 21 years of age and who met certain eligibility criteria. AB 12 provides transitional age youth, also known as nonminor dependents, with access to the resources and supports necessary to gain the skills necessary to live on their own. Rather than leave youth without any support upon their 18th birthday, AB 12 allows youth to experience the responsibilities of adulthood among the supportive structure of the child welfare system. AB 12 youth may access independent living in supervised living environments, as well as obtain educational and employment training to provide necessary skills for self-sufficiency.
Population affected by this bill: The provisions of this bill seek to capture four specific populations of youth within the child welfare system, which are described in a memorandum prepared by the Legislative Analyst’s Office (LAO) on March 7, 2018: youth who turn age 18 before resolution of their disposition hearing, youth who turn age 18 before the resolution of their dependency appeal, youth who are eligible for AAP or Kin-GAP but are receiving an alternative benefit, and youth whose parent or guardian do not provide support to the youth but still receive AAP payments or Kin-GAP on their behalf. According to the LAO, the cumulative total estimated number of youth who fall into these four categories ranges from 50 to 120 foster youth across the state; however, the memorandum stipulates that due to the unique nature of these populations, the youth affected by the provisions of this bill are not captured in current state administrative datasets. As a result, the caseload provided by the LAO is presented as ranges due to significant uncertainty and a number of assumptions used to arrive at the final caseload projections.
Kinship Guardian Assistance Payments (Kin-GAP): Kin-GAP is a cash aid program aimed at supporting foster children who have been placed in long-term foster care with a relative caregiver. SB 1901 (McPherson), Chapter 1055, statutes of 1998, provided a compromise between monthly foster care payments that foster youth are entitled to and the desire of some caregivers for a greater sense of permanency and autonomy over living arrangements by allowing youth to remain eligible for monthly payments equal to the county foster care family home rate, while also providing the freedom of a permanent placement. The Kin-GAP program was later extended to children whose juvenile court wardship is terminated in favor of guardianship with a relative caregiver through AB 1808 (Assembly Committee on Budget), Chapter 75, Statutes of 2006. Kinship consists of both Medi-Cal benefits and cash aid, and is provided as income directly to the foster child rather than the caregiver.
Adoption Assistance Program (AAP): In recognition of the financial hardships experienced by adoptive parents who attempt to meet the special needs of children previously placed in foster care, the State Legislature created the Adoption Assistance Program (AAP) to provide the security and stability of a permanent home. Adoptive families must submit a completed Request for Adoption Assistance form in order to apply for AAP benefits. The special needs of the child are then assessed and, if deemed eligible, a signed adoption assistance agreement is negotiated. A reassessment of the child’s needs and the family’s circumstances is conducted every two years which subsequently determines the amount of financial assistance provided to the family. Youth between the ages of 18 and 21 are eligible for continuing AAP if it is determined that they have a documented mental or physical condition or are participating in the extended adoptions program.
Aid to Families with Dependent Children- Foster Care (AFDC-FC): Currently the California child welfare system serves over 60,000 youth. Funding to provide for the needs of those youth can be either federally-funded or state-only funded. In order to be federally eligible for foster care, the home from which a foster youth was removed must meet AFDC eligibility criteria from 1996 AFDC in the month the petition is filed or in any of the 6 months prior to the month in which the petition is filed. In 1996, the income limit for a family of 3 to qualify for AFDC was $723. Due to the strict eligibility criteria required to qualify for federal AFDC-FC, the State of California created State AFDC-FC, which blends state and county funds to provide funding to foster youth placed with non-relative foster parents. The State AFDC-FC rate is equal to the rate provided to youth who are eligible for federal AFDC-FC.
Need for this bill: According to the author, “Following a childhood of overcoming barriers, foster youth deserve the support that they need to thrive. [This bill] will eliminate administrative barriers to ensure that the limited number of youth in certain narrow situations who are in need of transitional services are able to enter or re-enter extended foster care. Administrative barriers and loopholes should not prevent foster youth from accessing the services that they critically need.”
RELATED LEGISLATION:
AB 604 (Gipson), Chapter 707, Statutes of 2017, was substantially similar to this bill upon introduction, but was later amended to require the court to assume transition jurisdiction over a youth who was arrested for or convicted of any nonviolent offense committed while he or she was a victim of human trafficking regardless of a court order vacating the underlying adjudication.
AB 403 (Stone), Chapter 773, Statutes of 2015, implemented Continuum of Care Reform recommendations to better serve children and youth in California’s child welfare services system.
AB 2454 (Quirk Silva), Chapter 769, Statutes of 2014, permitted a nonminor former dependent who previously received extended Kin-GAP or AAP, but whose former guardians are no longer providing support to the nonminor, to petition the court to resume dependency under the extended foster care program.
AB 212 (Beall), Chapter 459, Statutes of 2011, made various clarifying and substantive changes to the California Fostering Connections to Success Act in order to ensure proper implementation on January 1, 2012, and other changes to existing state law in order to comply with various provisions of federal law.
AB 12 (Beall), Chapter 559, Statutes of 2010, the California Fostering Connections to Success Act, provides an option for continued jurisdiction of federally-eligible nonminor dependents or former dependents of the juvenile court who are between the ages of 18 and 21, as specified.
AB 1808 (Assembly Committee on Budget) Chapter, 269, Statutes of 2006, extended the provisions of the Kin-GAP program to probation youth exiting the delinquency system to live with a related guardian.
SB 1901 (McPherson) Chapter 1055, Statutes of 1998, established the Kinship Guardian Assistance Program.
DOUBLE REFERRAL. This bill has been double-referred. Should this bill pass out of this committee, it will be referred to the Judiciary Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
Alliance for Children’s Rights
California Coalition for Youth (sponsor)
Opposition
None on File.
Analysis Prepared by: Kelsy Castillo / HUM. S. / (916) 319-2089
Discussed in Hearing
51SEC
Assembly Floor
1MIN
Senate Floor
1H
Senate Standing Committee on Appropriations
1MIN
Assembly Floor
Bill Author
Bill Co-Author(s):
