AB 640: Extended foster care: eligibility redetermination.

Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care and to nonminor dependents up to 21 years of age. Existing law specifies that a nonminor dependent is eligible for federal financial participation for benefits under the AFDC-FC program if the nonminor dependent meets certain criteria, including, among others, that they have been deprived of parental support, as specified.

This bill would authorize a county child welfare, probation, or tribal placing agency, for certain nonminor dependents who were ineligible for federal financial participation prior to attaining 18 years of age and who consent, to file a petition with the juvenile court to dismiss dependency or transition jurisdiction and immediately resume that jurisdiction in order to establish the nonminor dependents eligibility for federal financial participation. The bill would authorize the juvenile court to grant the petition without a hearing. The bill would require a county child welfare, probation, or tribal placing agency filing a petition pursuant to these provisions to ensure that a nonminor dependent does not experience a break in services or supports before, during, or after the filing or granting of the petition. The bill would require the Judicial Council, by September 1, 2022, to develop and implement rules, and develop and adopt appropriate forms, as necessary to implement this process. The bill would require the Director of Social Services to seek any federal approvals necessary to implement these provisions by July 1, 2022. This bill would make other related and conforming changes.

This bill would incorporate additional changes to Section 11400 of the Welfare and Institutions Code proposed by AB 592 and AB 808 to be operative only if this bill and either or both AB 592 and AB 808 are enacted and this bill is enacted last.