11400. For the purposes of this article, the following definitions
shall apply:
(a) "Aid to Families with Dependent Children-Foster Care (AFDC-FC)"
means the aid provided on behalf of needy children in foster care
under the terms of this division.
(b) "Case plan" means a written document that, at a minimum,
specifies the type of home in which the child shall be placed, the
safety of that home, and the appropriateness of that home to meet the
child's needs. It shall also include the agency's plan for ensuring
that the child receive proper care and protection in a safe
environment, and shall set forth the appropriate services to be
provided to the child, the child's family, and the foster parents, in
order to meet the child's needs while in foster care, and to reunify
the child with the child's family. In addition, the plan shall
specify the services that will be provided or steps that will be
taken to facilitate an alternate permanent plan if reunification is
not possible.
(c) "Certified family home" means a family residence certified by
a licensed foster family agency and issued a certificate of approval
by that agency as meeting licensing standards, and used only by that
foster family agency for placements.
(d) "Family home" means the family residency of a licensee in
which 24-hour care and supervision are provided for children.
(e) "Small family home" means any residential facility, in the
licensee's family residence, which provides 24-hour care for six or
fewer foster children who have mental disorders or developmental or
physical disabilities and who require special care and supervision as
a result of their disabilities.
(f) "Foster care" means the 24-hour out-of-home care provided to
children whose own families are unable or unwilling to care for them,
and who are in need of temporary or long-term substitute parenting.
(g) "Foster family agency" means any individual or organization
engaged in the recruiting, certifying, and training of, and providing
professional support to, foster parents, or in finding homes or
other places for placement of children for temporary or permanent
care who require that level of care as an alternative to a group
home. Private foster family agencies shall be organized and operated
on a nonprofit basis.
(h) "Group home" means a nondetention privately operated
residential home, organized and operated on a nonprofit basis only,
of any capacity, or a nondetention licensed residential care home
operated by the County of San Mateo with a capacity of up to 25 beds,
that provides services in a group setting to children in need of
care and supervision, as required by paragraph (1) of subdivision (a)
of Section 1502 of the Health and Safety Code.
(i) "Periodic review" means review of a child's status by the
juvenile court or by an administrative review panel, that shall
include a consideration of the safety of the child, a determination
of the continuing need for placement in foster care, evaluation of
the goals for the placement and the progress toward meeting these
goals, and development of a target date for the child's return home
or establishment of alternative permanent placement.
(j) "Permanency planning hearing" means a hearing conducted by the
juvenile court in which the child's future status, including whether
the child shall be returned home or another permanent plan shall be
developed, is determined.
(k) "Placement and care" refers to the responsibility for the
welfare of a child vested in an agency or organization by virtue of
the agency or organization having (1) been delegated care, custody,
and control of a child by the juvenile court, (2) taken
responsibility, pursuant to a relinquishment or termination of
parental rights on a child, (3) taken the responsibility of
supervising a child detained by the juvenile court pursuant to
Section 319 or 636, or (4) signed a voluntary placement agreement for
the child's placement; or to the responsibility designated to an
individual by virtue of his or her being appointed the child's legal
guardian.
(l) "Preplacement preventive services" means services that are
designed to help children remain with their families by preventing or
eliminating the need for removal.
(m) "Relative" means an adult who is related to the child by
blood, adoption, or affinity within the fifth degree of kinship,
including stepparents, stepsiblings, and all relatives whose status
is preceded by the words "great," "great-great," or "grand" or the
spouse of any of these persons even if the marriage was terminated by
death or dissolution.
(n) "Nonrelative extended family member" means an adult caregiver
who has an established familial or mentoring relationship with the
child, as described in Section 362.7.
(o) "Voluntary placement" means an out-of-home placement of a
child by (1) the county welfare department, probation department, or
Indian tribe that has entered into an agreement pursuant to Section
10553.1, after the parents or guardians have requested the assistance
of the county welfare department and have signed a voluntary
placement agreement; or (2) the county welfare department licensed
public or private adoption agency, or the department acting as an
adoption agency, after the parents have requested the assistance of
either the county welfare department, the licensed public or private
adoption agency, or the department acting as an adoption agency for
the purpose of adoption planning, and have signed a voluntary
placement agreement.
(p) "Voluntary placement agreement" means a written agreement
between either the county welfare department, probation department,
or Indian tribe that has entered into an agreement pursuant to
Section 10553.1, licensed public or private adoption agency, or the
department acting as an adoption agency, and the parents or guardians
of a child that specifies, at a minimum, the following:
(1) The legal status of the child.
(2) The rights and obligations of the parents or guardians, the
child, and the agency in which the child is placed.
(q) "Original placement date" means the most recent date on which
the court detained a child and ordered an agency to be responsible
for supervising the child or the date on which an agency assumed
responsibility for a child due to termination of parental rights,
relinquishment, or voluntary placement.
(r) "Transitional housing placement facility" means either of the
following:
(1) A community care facility licensed by the State Department of
Social Services pursuant to Section 1559.110 of the Health and Safety
Code to provide transitional housing opportunities to persons at
least 16 years of age, and not more than 18 years of age unless they
satisfy the requirements of Section 11403, who are in out-of-home
placement under the supervision of the county department of social
services or the county probation department, and who are
participating in an independent living program.
(2) A facility certified to provide transitional housing services
pursuant to subdivision (e) of Section 1559.110 of the Health and
Safety Code.
(s) "Transitional housing placement program" means a program that
provides supervised housing opportunities to eligible youth and
nonminor dependents pursuant to Article 4 (commencing with Section
16522) of Chapter 5 of Part 4.
(t) "Whole family foster home" means a new or existing family
home, approved relative caregiver or nonrelative extended family
member's home, the home of a nonrelated legal guardian whose
guardianship was established pursuant to Section 366.26 or 360,
certified family home that provides foster care for a minor or
nonminor dependent parent and his or her child, and is specifically
recruited and trained to assist the 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 an agreement of consent for placement
in a supervised setting between a minor or, on and after January 1,
2012, a nonminor dependent, and the agency responsible for the foster
care placement, that documents the nonminor's continued need for
supervised out-of-home placement and the nonminor's and social worker'
s or probation officer's agreement to work together to facilitate
implementation of the mutually developed supervised placement
agreement and transitional living plan.
(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 or former dependent child or ward of the juvenile court who
satisfies all of the following criteria:
(1) He or she has attained 18 years of age but is less than 21
years of age.
(2) He or she is in foster care under the responsibility of the
county welfare department, county probation department, or Indian
tribe that entered into an agreement pursuant to Section 10553.1.
(3) He or she is participating in 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 Fostering
Connections to Success and Increasing Adoptions Act of 2008 (Public
Law 110-351).
(w) "Supervised independent living setting" means, on and after
January 1, 2012, a supervised setting, as specified in a nonminor
dependent's transitional independent living case plan, in which the
youth is living independently, pursuant to Section 472(c)(2) of the
Social Security Act (42 U.S.C. Sec. 672(c)(2)).
(x) "THP-Plus Foster Care" means, on and after January 1, 2012, a
placement that offers supervised housing opportunities and supportive
services to eligible nonminor dependents at least 18 years of age,
on and after January 1, 2013, 19 years of age, and on and after
January 1, 2014, 20 years of age, and not more than 21 years of age,
who are in out-of-home placement under the supervision of the county
department of social services or the county probation department or
Indian tribe that entered into an agreement pursuant to Section
10553.1, and who are described in paragraph (3) of subdivision (a) of
Section 11403.2.
(y) "Trial independence" means, on or after January 1, 2012,
consistent with paragraph (e) of Section 1356.21 of Title 45 of the
Code of Federal Regulations, a period not to exceed six months,
unless the juvenile court authorizes a longer period, during which
the court may terminate and subsequently resume the nonminor's
dependency jurisdiction, and the nonminor's Title IV-E foster care
benefits may be resumed if the nonminor otherwise is eligible
pursuant to Section 11403. Operation of this subdivision shall be
contingent upon receipt of all necessary federal approvals.
11400.1. (a) For purposes of this article, "crisis nursery" means a
facility licensed to provide short-term, 24-hour nonmedical
residential care and supervision for children under six years of age
who are either voluntarily placed for temporary care by a parent or
legal guardian due to a family crisis or stressful situation for no
more than 30 days or, except as provided in subdivision (e) of
Section 1516 of the Health and Safety Code, who are temporarily
placed by a county child welfare service agency for no more than 14
days.
(b) This section shall remain in effect only until July 1, 2012,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2012, deletes or extends that date.
11401. Aid in the form of AFDC-FC shall be provided under this
chapter on behalf of any child under 18 years of age, and, on and
after January 1, 2012, to any nonminor dependent, except as provided
in Section 11403, who meets the conditions of subdivision (a), (b),
(c), (d), (e), (f), (g), or (h):
(a) The child has been relinquished, for purposes of adoption, to
a licensed adoption agency, or the department, or the parental rights
of either or both of his or her parents have been terminated after
an action under the Family Code has been brought by a licensed
adoption agency or the department, provided that the licensed
adoption agency or the department, if responsible for placement and
care, provides to those children all services as required by the
department to children in foster care.
(b) The child has been removed from the physical custody of his or
her parent, relative, or guardian as a result of a voluntary
placement agreement or a judicial determination that continuance in
the home would be contrary to the child's welfare and that, if the
child was placed in foster care, reasonable efforts were made,
consistent with Chapter 5 (commencing with Section 16500) of Part 4,
to prevent or eliminate the need for removal of the child from his or
her home and to make it possible for the child to return to his or
her home, and any of the following applies:
(1) The child has been adjudged a dependent child of the court on
the grounds that he or she is a person described by Section 300.
(2) The child has been adjudged a ward of the court on the grounds
that he or she is a person described by Sections 601 and 602.
(3) The child has been detained under a court order, pursuant to
Section 319 or 636, that remains in effect.
(4) The child's dependency jurisdiction has resumed pursuant to
Section 387, or subdivision (a) or (e) of Section 388.
(c) The child has been voluntarily placed by his or her parent or
guardian pursuant to Section 11401.1.
(d) The child is living in the home of a nonrelated legal
guardian.
(e) On and after January 1, 2012, the child is a nonminor
dependent who is placed pursuant to a mutual agreement as set forth
in subdivision (d) of Section 11403, under the responsibility of the
county welfare department, an Indian tribe that entered into an
agreement pursuant to Section 10553.1, or the county probation
department.
(f) The child has been placed in foster care under the federal
Indian Child Welfare Act. Sections 11402, 11404, and 11405 shall not
be construed as limiting payments to Indian children, as defined in
the federal Indian Child Welfare Act, placed in accordance with that
act.
(g) To be eligible for federal financial participation, the
conditions described in paragraph (1), (2), (3), or (4) shall be
satisfied:
(1) (A) The child meets the conditions of subdivision (b).
(B) The child has been deprived of parental support or care for
any of the reasons set forth in Section 11250.
(C) The child has been removed from the home of a relative as
defined in Section 233.90(c)(1) of Title 45 of the Code of Federal
Regulations, as amended.
(D) The requirements of Sections 671 and 672 of Title 42 of the
United States Code, as amended, have been met.
(2) (A) The child meets the requirements of subdivision (h).
(B) The requirements of Sections 671 and 672 of Title 42 of the
United States Code, as amended, have been met.
(C) This paragraph shall be implemented only if federal financial
participation is available for the children described in this
paragraph.
(3) (A) The child has been removed from the custody of his or her
parent, relative, or guardian as a result of a voluntary placement
agreement or a judicial determination that continuance in the home
would be contrary to the child's welfare and that, if the child was
placed in foster care, reasonable efforts were made, consistent with
Chapter 5 (commencing with Section 16500) of Part 4, to prevent or
eliminate the need for removal of the child from his or her home and
to make it possible for the child to return to his or her home, and
any of the following applies:
(i) The child has been adjudged a dependent child of the court on
the grounds that he or she is a person described by Section 300.
(ii) The child has been adjudged a ward of the court on the
grounds that he or she is a person described by Sections 601 and 602.
(iii) The child has been detained under a court order, pursuant to
Section 319 or 636, that remains in effect.
(iv) The child's dependency jurisdiction has resumed pursuant to
Section 387.
(B) The child has been placed in an eligible foster care
placement, as set forth in Section 11402.
(C) The requirements of Sections 671 and 672 of Title 42 of the
United States Code have been satisfied.
(D) This paragraph shall be implemented only if federal financial
participation is available for the children described in this
paragraph.
(4) With respect to a nonminor dependent, in addition to meeting
the conditions specified in paragraph (1), the requirements of
Section 675(8)(B) of Title 42 of the United States Code have been
satisfied.
(h) The child meets all of the following conditions:
(1) The child has been adjudged to be a dependent child or ward of
the court on the grounds that he or she is a person described in
Section 300, 601, or 602.
(2) The child's parent also has been adjudged to be a dependent
child or nonminor dependent of the court on the grounds that he or
she is a person described by Section 300, 601, or 602 and is
receiving benefits under this chapter.
(3) The child is placed in the same licensed or approved foster
care facility in which his or her parent is placed and the child's
parent is receiving reunification services with respect to that
child.
11401.05. The department shall amend the foster care state plan
required under Subtitle IV-E (commencing with Section 470 of the
federal Social Security Act (42 U.S.C. Sec. 670 et seq.)), to extend
benefits under this article, commencing January 1, 2012, to an
individual who is in foster care under the responsibility of the
state, or with respect to whom an adoption assistance agreement or a
kinship guardianship assistance agreement is in effect, in accordance
with the federal Fostering Connections to Success and Increasing
Adoptions Act of 2008 (Public Law 110-351).
11401.1. (a) Otherwise eligible children placed voluntarily prior
to January 1, 1981, may remain eligible for AFDC-FC payments.
(b) Beginning on January 1, 1982, AFDC-FC payments for children
placed voluntarily on or after January 1, 1981, shall be limited to a
period of up to 180 days under conditions specified by departmental
regulations, and may be extended an additional six months pursuant to
Section 16507.3 and departmental regulations.
This section shall become operative on January 1, 1984.
11401.2. AFDC-FC shall be paid to an otherwise eligible child in a
voluntary placement in a demonstration county for a period not to
exceed six months, with a maximum extension of an additional six
months.
11401.4. A child living with his or her parent who is a minor or,
on and after January 1, 2012, a nonminor dependent and a recipient of
AFDC-FC benefits shall be deemed a child with respect to whom
AFDC-FC payments are made.
11401.5. The county shall review the child's or nonminor dependent'
s payment amount annually. The review shall include an examination of
any circumstances of a foster child or nonminor dependent that are
subject to change and could affect the child's or nonminor dependent'
s potential eligibility or payment amount, including, but not limited
to, authority for placement, eligible facility, and age.
11401.6. At the time of determining eligibility for AFDC-FC
payments, the county shall also determine whether the child is
currently in receipt of benefits pursuant to Title II or Title XVI of
the Social Security Act. If so, the county shall apply to become the
child's representative payee, as appropriate, during the time the
child is placed in foster care.
11402. In order to be eligible for AFDC-FC, a child shall be placed
in one of the following:
(a) The approved home of a relative, provided the child is
otherwise eligible for federal financial participation in the AFDC-FC
payment.
(b) (1) The licensed family home of a nonrelative.
(2) The approved home of a nonrelative extended family member as
described in Section 362.7.
(c) A licensed group home, as defined in subdivision (h) of
Section 11400, provided that the placement worker has documented that
the placement is necessary to meet the treatment needs of the child
and that the facility offers those treatment services.
(d) The home of a nonrelated legal guardian or the home of a
former nonrelated legal guardian when the guardianship of a child who
is otherwise eligible for AFDC-FC has been dismissed due to the
child's attaining 18 years of age.
(e) An exclusive-use home.
(f) A licensed transitional housing placement facility, as
described in Section 1559.110 of the Health and Safety Code, and as
defined in subdivision (r) of Section 11400, or a transitional
housing placement program, as defined in subdivision (s) of Section
11400.
(g) An out-of-state group home, provided that the placement
worker, in addition to complying with all other statutory
requirements for placing a minor in an out-of-state group home,
documents that the requirements of Section 7911.1 of the Family Code
have been met.
(h) A licensed crisis nursery, as described in Section 1516 of the
Health and Safety Code, and as defined in subdivision (a) of Section
11400.1.
(i) A supervised independent living setting for nonminor
dependents, as defined in Section 11400.
(j) An approved THP-Plus Foster Care placement for nonminor
dependents, as defined in subdivision (x) of Section 11400.
(k) This section shall remain in effect only until July 1, 2012,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2012, deletes or extends that date.
11402. In order to be eligible for AFDC-FC, a child shall be placed
in one of the following:
(a) The approved home of a relative, provided the child is
otherwise eligible for federal financial participation in the AFDC-FC
payment.
(b) (1) The licensed family home of a nonrelative.
(2) The approved home of a nonrelative extended family member as
described in Section 362.7.
(c) A licensed group home, as defined in subdivision (h) of
Section 11400, provided that the placement worker has documented that
the placement is necessary to meet the treatment needs of the child
and that the facility offers those treatment services.
(d) The home of a nonrelated legal guardian or the home of a
former nonrelated legal guardian when the guardianship of a child who
is otherwise eligible for AFDC-FC has been dismissed due to the
child's attaining 18 years of age.
(e) An exclusive-use home.
(f) A licensed transitional housing placement facility as
described in Section 1559.110 of the Health and Safety Code and as
defined in subdivision (r) of Section 11400, or a transitional
housing placement program, as defined in subdivision (s) of Section
11400.
(g) An out-of-state group home, provided that the placement
worker, in addition to complying with all other statutory
requirements for placing a minor in an out-of-state group home,
documents that the requirements of Section 7911.1 of the Family Code
have been met.
(h) A supervised independent living setting for nonminor
dependents, as defined in Section 11400.
(i) An approved THP-Plus Foster Care placement for nonminor
dependents, as defined in subdivision (x) of Section 11400.
(j) This section shall become operative on July 1, 2012.
11402.1. For purposes of Section 11402, "eligible for federal
financial participation" means that the payment is consistent with an
approved state plan under Sections 671 and following of Title 42 of
the United States Code, authorizing federal financial participation
in the payment. Notwithstanding any other provision of law, until and
unless federal financial participation is obtained, no payment of
AFDC-FC may be made from either state or county funds on behalf of a
child determined to be eligible for AFDC-FC solely as a result of the
decision of the California Court of Appeal in Land v. Anderson
(1997) 55 Cal.App.4th 89.
11402.2. Recognizing that transitions to independence involve
self-initiated changes in placements, it is the intent of the
Legislature that regulations developed regarding the approval of the
supervised independent living setting, as defined in subdivision (w)
of Section 11400, shall ensure continuity of placement and payment
while the nonminor dependent is temporarily absent from an approved
placement while awaiting approval of his or her new supervised
independent living setting.
11402.4. (a) Subject to the conditions set forth in subdivisions
(b) and (c), and notwithstanding any other provision of law, with
respect to an approved home of a relative or nonrelative extended
family member for which an annual visit to ensure the quality of care
provided is pending, the relative or nonrelative extended family
member home's approval shall remain in full force and effect. Payment
to the relative or nonrelative extended family member provider shall
not be delayed or terminated solely due to late completion of the
annual visit to ensure the quality of care provided.
(b) The frequency of required visits to ensure the quality of care
provided shall not be less than the frequency of visits for licensed
foster family homes as specified in paragraph (1) of subdivision (a)
of Section 1534 of the Health and Safety Code. If late completion of
an annual visit occurs, under no circumstances shall the county
visit an approved home of a relative or nonrelative extended family
member less than once every 24 months.
(c) The frequency of required visits to ensure the quality of care
provided shall be subject to state plan approval.
11402.5. (a) The federal government has provided the state the
option of including in its state plan children placed in public child
care institutions. Therefore, notwithstanding Section 11402 and
subject to Section 15200.5, it is the intent of the Legislature that
a child who is otherwise eligible for federal financial participation
in the AFDC-FC payment may be eligible for aid under the provisions
of this chapter when the child is placed in a public child care
institution. Payment under the provisions of this section cannot
exceed 30 days, except as provided in subdivision (b). This provision
is effective only if and during such federal fiscal year when no
restriction, as defined by the department, on federal matching for
AFDC-FC payments exists. Pursuant to this section, the county shall
request reimbursement at the close of the federal fiscal year. As
used in this section, "public child care institution" means a
nondetention facility which has been licensed in accordance with the
Community Care Facilities Act, Chapter 3 (commencing with Section
1500) of Division 2 of the Health and Safety Code, and which has a
licensed capacity not exceeding 25 children.
(b) When a child is hard to place, as defined in departmental
regulations, and when the child is not placed in an emergency
shelter, payment may be made under this section for a period not
exceeding 90 days.
(c) Upon notification from the federal government that the
restrictions on federal matching specified in subdivision (a) do not
exist, the department shall amend the state plan to authorize federal
financial participation to a county or counties operating a public
child care institution with a licensed capacity exceeding 25
children.
(d) For purposes of subdivision (c), "public child care
institution" includes only those facilities that meet all of the
following requirements:
(1) It is temporary shelter care facility, as defined in Section
1530.8 of the Health and Safety Code.
(2) (A) Except as provided in subparagraph (B), it has a licensed
capacity that does not exceed 200 children.
(B) A facility in Orange County may have a licensed capacity of
not more than 236 children.
11402.6. (a) The federal government has provided the state with the
option of including in its state plan children placed in a private
facility operated on a for-profit basis.
(b) For children for whom the county placing agency has exhausted
all other placement options, notwithstanding subdivision (h) of
Section 11400 and subject to Section 15200.5, a child who is
otherwise eligible for federal financial participation in the AFDC-FC
payment shall be eligible for aid under this chapter when the child
is placed in a for-profit child care institution and meets all of the
following criteria, which shall be clearly documented in the county
welfare department case file:
(1) The child has extraordinary and unusual special behavioral or
medical needs that make the child difficult to place, including, but
not limited to, being medically fragile, brittle diabetic, having
severe head injuries, a dual diagnosis of mental illness and
substance abuse or a dual diagnosis of developmental delay and mental
illness.
(2) No other comparable private nonprofit facility or public
licensed residential care home exists in the state that is willing to
accept placement and is capable of meeting the child's extraordinary
special needs.
(3) The county placing agency has demonstrated that no other
alternate placement option exists for the child.
(4) The child has a developmental disability and is eligible for
both federal AFDC-FC payments and for regional center services.
(c) Federal financial participation shall be provided pursuant to
Section 11402 for children described in subdivision (a) subject to
all of the following conditions, which shall be clearly documented in
the county welfare department case file.
(1) The county placing agency enters into a performance-based
placement agreement with the for-profit facility to ensure the
facility is providing services to improve the safety, permanency, and
well-being outcomes of the placed children pursuant to Section
10601.2.
(2) The county placing agency will require the facility to ensure
placement in the child's community to the degree possible to enhance
ongoing connections with the child's family and to promote the
establishment of lifelong connections with committed adults.
(3) The county placing agency monitors and reviews the facility's
outcome performance indicators every six months.
(4) In no event shall federal financial participation in this
placement exceed a 12-month period.
(5) Payments made under this section shall not be made on behalf
of any more than five children in a county at any one time.
(6) Payments made under this section shall be made pursuant to
Sections 4684 and 11464, and only to a group home that is an approved
vendor of a regional center.
(d) This section shall be implemented only during a federal fiscal
year in which the department determines that no restriction on
federal matching AFDC-FC payment exists.
(e) As used in this section, "child care institution" means a
nondetention facility that has been licensed in accordance with the
California Community Care Facilities Act (Chapter 3 (commencing with
Section 1500) of Division 2 of the Health and Safety Code), and that
has a licensed capacity not exceeding 25 children.
(f) The county placing agency shall review and report to the
juvenile court at every six-month case plan update if this placement
remains appropriate and necessary and what the plan is for discharge
to a less restrictive placement.
(g) Notwithstanding subdivision (d) or any other provision of law,
this section shall not be implemented before July 1, 2010.
11402.9. In order to receive funding on behalf of children
receiving AFDC-FC, each group home shall provide a full disclosure of
all financial information related to its operation, including
independent certification of the information provided, in a manner
and format established by the department.
11403. (b) This section shall remain in effect only until January
1, 2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
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 Fostering Connections to
Success and Increasing Adoptions Act of 2008 (Public Law 110-351), to
receive federal financial participation for current or former
dependent children or wards of the juvenile court who meet the
conditions of subdivision (b), consistent with their transitional
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. It is the intent of the
Legislature both at the time of initial determination of the nonminor
dependent's eligibility and throughout the time the nonminor
dependent is eligible for aid pursuant to this section, that the
social worker or probation officer or Indian tribe and the nonminor
dependent shall work together to ensure the nonminor dependent's
ongoing eligibility. All case planning shall be a collaborative
effort between the nonminor dependent and the social worker,
probation officer, or Indian tribe, with the nonminor dependent
assuming increasing levels of responsibility and independence.
(b) A nonminor dependent receiving aid pursuant to this chapter,
who satisfies the age criteria set forth in subdivision (a), shall
continue to receive aid so long as the nonminor has signed a mutual
agreement as set forth in subdivision (d), and is otherwise eligible
for AFDC-FC payments pursuant to Section 11401 or CalWORKs payments
pursuant to Section 11253 or 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 of the juvenile
court who is receiving AFDC-FC benefits pursuant to Section 11405
shall be eligible to continue to receive aid 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, as long as the nonminor is
otherwise eligible for AFDC-FC benefits under this subdivision. This
subdivision shall apply when one or more of the following conditions
exist:
(1) The nonminor is completing secondary education or a program
leading to an equivalent credential.
(2) The nonminor is enrolled in an institution which provides
postsecondary or vocational education.
(3) The nonminor is participating in a program or activity
designed to promote, or remove barriers to employment.
(4) The nonminor is employed for at least 80 hours per month.
(5) The nonminor is incapable of doing any of the activities
described in subparagraphs (1) to (4), inclusive, due to a medical
condition, and that incapability is supported by regularly updated
information in the case plan of the nonminor.
(c) The county child welfare or probation department or Indian
tribe 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 meet one or
more of the conditions described in paragraphs (1) to (5), inclusive,
of subdivision (b) and shall certify the nonminor's applicable
condition or conditions in the nonminor's six-month transitional
independent living case plan update, and provide the certification to
the eligibility worker and to the court at each six-month case plan
review hearing for the nonminor dependent. Relative guardians who
receive Kin-GAP payments and adoptive parents who receive adoption
assistance payments shall be responsible for reporting to the county
welfare agency that the nonminor does not satisfy at least one of the
conditions described in subdivision (b). The social worker,
probation officer, or tribe shall verify and obtain assurances that
the nonminor dependent continues to meet at least one of the
conditions in paragraphs (1) to (5), inclusive, of subdivision (b) at
each six-month transitional independent living case plan update. The
six-month case plan update shall certify the nonminor's eligibility
pursuant to subdivision (b) for the next six-month period. During the
six-month certification period, the payee and nonminor shall report
any change in placement or other relevant changes in circumstances
that may affect payment. The nonminor dependent or a nonminor former
dependent receiving aid pursuant to Section 11405, shall be afforded
all due process requirements in accordance with state and federal law
prior to an involuntary termination of aid. The nonminor dependent
or nonminor former dependent receiving aid pursuant to 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, and the placing worker, in addition to any other payee.
(d) A nonminor dependent may receive all or a portion of the
payment directly provided that the nonminor is living independently
in a supervised setting, and that both the youth and the agency
responsible for the foster care placement have signed a mutual
agreement, as defined in subdivision (u) of Section 11400, if the
youth is capable of making an informed agreement, that documents the
continued need for supervised out-of-home placement, and the nonminor'
s and social worker's or probation officer's agreement to work
together to facilitate implementation of the mutually developed
supervised placement agreement and transitional living plan.
(e) Eligibility for aid under this section shall not terminate
until the nonminor attains 21 years of age but aid may be suspended
and resumed at request of the nonminor pursuant to subdivision (e) of
Section 388 or after a court terminates dependency jurisdiction
pursuant to Section 391, or delinquency jurisdiction pursuant to
Section 785. Consistent with paragraph (e) of Section 1356.21 of
Title 45 of the Code of Federal Regulations, for the nonminor who
returns to supervised placement within the six-month trial period, or
if the court authorized a trial period of departure from foster care
that exceeded six months in duration and ends prior to the day
before the nonminor attains 21 years of age, the county welfare
department is not required to establish a new Title IV-E eligibility
determination for the nonminor for whom dependency jurisdiction is
resumed by the court. The county welfare department, tribe, or county
probation department shall provide a nonminor dependent who wishes
to continue receiving aid with the assistance necessary to meet and
maintain eligibility.
(f) (1) The county having jurisdiction of the nonminor dependent
shall remain the county of payment under this section regardless of
the youth's physical residence. Nonminor dependents receiving aid
pursuant to 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 youth's transitional independent living
case plan. Placements made out of state are subject to the
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, tribe, or county probation
department 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) Aid under this section shall be paid on the first of the month
for that month. Notwithstanding any other provision of law, when a
child attains 18 years of age those payments shall continue to the
end of that calendar month and the AFDC-FC, Kin-GAP, or AAP payments
under this section shall begin the first day of the following month.
(4) 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 contribute to 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, CalWORKs payments pursuant to Section 11253, 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, and aid pursuant to Section 11405 for nonminor dependents
who are residing in the county as provided in paragraph (1) of
subdivision (f), at the statutory sharing ratios for each of these
programs in effect on January 1, 2012.
(2) Subject to paragraph (3), a county shall contribute to 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 at the statutory sharing ratio for these services in
effect on January 1, 2012. 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) Notwithstanding any other provision of law, a county's total
contribution pursuant to paragraphs (1) and (2) shall not exceed the
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). The department shall
work with the County Welfare Directors Association to determine a
methodology for calculating each county's costs and savings pursuant
to this section.
(h) It is the intent of the Legislature that no county currently
participating in the Child Welfare Demonstration Capped Allocation
Project be adversely impacted by the department's exercise of its
option to extend foster care benefits pursuant to Section 673(a)(4)
and Section 675(8) of Title 42 of the United States Code in the
federal Social Security Act, as contained in the 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, 2012, 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 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.
(k) Notwithstanding any other provision of law, the extension of
benefits to nonminor dependents between 20 and 21 years of age, as
provided for in this section, shall be contingent upon an
appropriation by the Legislature.
(l) This section shall become operative on January 1, 2012.
11403.1. (a) (1) The Legislature finds and declares that former
foster youth are a vulnerable population at risk of homelessness,
unemployment, welfare dependency, incarceration, and other adverse
outcomes if they exit the foster care system unprepared to become
self-sufficient. Unlike many young individuals 18 years of age who
can depend on family for ongoing support while they complete
postsecondary education or develop career opportunities, emancipating
foster youth have their primary source of support, AFDC-Foster Care
payments, terminated at 18 years of age and are then dependent on
their own resources for self-support. Some foster youth are not able
to complete high school or other education or training programs due
to ongoing trauma from the parental abuse or neglect and gaps in
their educational attainment stemming from the original removal and
subsequent changes in placement.
(2) Completion of an educational or training program is an
essential, minimum skill needed by foster youth in order to be
competitive in today's economy.
(3) It is therefore the intent of the Legislature to create, for
counties that opt to participate, the Supportive Transitional
Emancipation Program (STEP) in which emancipated foster youth shall
be eligible to receive support while participating in an educational
or training program, or any activity consistent with their
transitional independent living plan up to 21 years of age.
(b) A person who meets all of the following conditions shall be
eligible to receive aid under this section:
(1) The person either was in foster care and emancipated upon
reaching the age limitations specified in Section 11401 or received
aid pursuant to Kin-GAP under Article 4.5 (commencing with Section
11360) and emancipated upon reaching the age limitations specified in
Section 11363.
(2) The person is participating in an educational or training
program, or any activity consistent with his or her transitional
independent living plan.
(3) The person is under 21 years of age.
(4) The person has emancipated from a county that is participating
in the STEP program.
(c) Aid under this section shall be provided pursuant to a
transitional independent living plan mutually agreed upon by the
emancipated foster youth and the county welfare or probation
department or independent living program coordinator, which shall be
reviewed annually. The youth participating in STEP has the
responsibility to inform the county of changes to the conditions in
the agreed-upon plan that affect payment of aid, including changes in
address, living circumstances, and the educational or training
program.
(d) For purposes of this section, "emancipated foster youth" means
a person who meets the eligibility criteria in subdivision (b).
(e) (1) In determining the amount of aid under this section, the
rate provided to the youth shall be equivalent to the basic rate
provided to a foster family home provider pursuant to Section 11461.
(2) If the emancipated youth remains in placement, payment shall
be made to the care provider, including a transitional housing
placement program, at a rate equivalent to the basic rate provided to
a foster family home provider pursuant to Section 11461.
(f) Unless otherwise provided by federal law, receipt of aid under
this section shall not be considered income either for purposes of
eligibility for services provided in other federal or state programs,
or for grants that may be provided by an institution of higher
education, including, but not limited to, Cal Grants or other grants
or fee waivers.
(g) (1) Aid under this section shall be provided to eligible youth
who have emancipated from a county that elects to participate under
this section.
(2) Each participating county welfare department shall notify all
foster youth in that county, including those receiving Kin-GAP, ages
16 to 19 years, inclusive, of the existence of the program prescribed
by this section.
(h) The department shall seek any federal funds available for
implementation of this section, including, but not limited to, funds
available under Title IV of the Social Security Act (42 U.S.C. Sec.
601 et seq.). Implementation of this section shall not, however, be
contingent upon receipt of any federal funding. The department shall
seek any waiver from the Secretary of the United States Department of
Health and Human Services that is necessary to implement this
section.
(i) Funding shall be subject to the sharing ratios specified in
subdivision (c) of Section 15200.
(j) This section shall be implemented only to the extent funds are
appropriated for that purpose in the annual Budget Act.
(k) This section shall be operative on January 1, 2002.
11403.2. (a) The following persons shall be eligible for
transitional housing placement program services provided pursuant to
Article 4 (commencing with Section 16522) of Chapter 5 of Part 4:
(1) Any minor at least 16 years of age and not more than 18 years
of age, and, on or after January 1, 2012, any nonminor dependent who
is less than 21 years of age, who is eligible for AFDC-FC benefits as
provided in subdivision (b) of Section 11403, and who also meets the
requirements in Section 16522.2.
(2) Any person less than 24 years of age who has emancipated from
a county that has elected to participate in a transitional housing
placement program for youths who are at least 18 years of age and
under 24 years of age, as described in subdivision (r) of Section
11400, provided he or she has not received services under this
paragraph for more than a total of 24 months, whether or not
consecutive. If the person participating in a transitional housing
placement program is not receiving aid under Section 11403.1, he or
she, as a condition of participation, shall enter into, and execute
the provisions of, a transitional independent living plan that shall
be mutually agreed upon, and annually reviewed, by the emancipated
foster youth and the county welfare or probation department or
independent living program coordinator. The youth participating under
this paragraph shall inform the county of any changes to conditions
specified in the agreed-upon plan that affect eligibility, including
changes in address, living circumstances, and the educational or
training program.
(3) It is the intent of the Legislature to create a new placement
option, known as THP-Plus-Foster Care. On and after January 1, 2012,
THP-Plus-Foster Care, as described in subdivision (x) of Section
11400, is an eligible facility for purposes of AFDC-FC payments for
placement of nonminor dependents, and shall offer the same housing
models and supportive services as are available through the standard
THP-Plus program available to emancipated foster youths pursuant to
paragraph (2). In creating the new THP-Plus-Foster Care placement
option, it is the intent of the Legislature to preserve the THP-Plus
program, as it is described in subdivision (e) of Section 1559.110 of
the Health and Safety Code, for former emancipated foster youth who
have attained 21 years of age, but are under 24 years of age, and for
former emancipated foster youth who have attained 18 years of age
but are under 21 years of age, whose dependency or delinquency
jurisdiction has been terminated by the court, and for whom reentry
into foster care under subdivision (e) of Section 388 is not an
appropriate or viable option.
(4) On and after January 1, 2012, any nonminor dependent at least
18 years of age, and on January 1, 2013, 19 years of age, and on
January 1, 2014, 20 years of age, and not more than 21 years of age,
as described in subdivision (v) of Section 11400, pursuant to
subdivision (x) of Section 11400, and who is eligible pursuant to
subdivision (b) of Section 11403.
(b) Payment on behalf of an eligible person receiving transitional
housing services pursuant to paragraph (1) of subdivision (a) shall
be made to the transitional housing placement program pursuant to the
conditions and limitations set forth in Section 11403.3.
Notwithstanding Section 11403.3, the department, 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, researchers, and transitional housing
program providers, shall convene a workgroup to establish a new rate
structure for the Title IV-E funded THP-Plus-Foster Care placement
option for nonminor dependents. The workgroup shall also consider
application of this new rate structure to the transitional housing
placement program, as described in paragraph (2) of subdivision (a)
of Section 11403.3. In developing the new rate structure pursuant to
this subdivision, the department shall consider the average rates in
effect and being paid by counties to current transitional housing
placement programs.
(c) On and after January 1, 2012, with respect to nonminor
dependents under 21 years of age, the approval standards for these
legal adults placed in the THP-Plus-Foster Care shall be developed in
accordance with Section 1502.7 of the Health and Safety Code. When
developing regulations for the THP-Plus programs, the department
shall consider the development of an application fee process for the
programs, similar to the fee schedule as described in Section 1523.1
of the Health and Safety Code. An approved THP-Plus program shall
certify facilities or sites to provide transitional housing services
to nonminor dependents pursuant to subdivision (e) of Section
1559.110 of the Health and Safety Code.
(d) (1) For budgeting purposes, and to achieve the intent of the
Legislature as described in paragraph (3) of subdivision (a), the
department, in consultation with stakeholders and pursuant to
subdivision (c) of Section 11403.3, shall allocate 70 percent of the
amount payable to placements of nonminor dependents under the
THP-Plus-Foster Care program. The remaining 30 percent of the amount
payable shall be available for THP-Plus placement for both those
former emancipated foster youth who have attained 21 years of age,
but are under 24 years of age, and for former emancipated foster
youth who have attained 18 years of age but who are under 21 years of
age, whose dependency or delinquency jurisdiction has been
terminated by the court, and for whom reentry into foster care under
subdivision (e) of Section 388 is not an appropriate or viable
option.
(2) Each county shall submit to the department a plan that sets
forth how the county will provide for the THP-Plus-Foster Care
population, as well as assurances that up to 30 percent of the
placements will be set aside for the THP-Plus population. The county
plan shall also include a contingency for how THP-Plus placements
will be reallocated in the event that there is not sufficient demand
in either the THP-Plus-Foster Care Program or the THP-Plus programs
to fill the beds allocated for these populations.
11403.3. (a) (1) Subject to subdivision (b), a transitional housing
placement program, as defined in Section 11400, that provides
transitional housing services to an eligible youth in a facility
licensed pursuant to subdivision (a) of Section 1559.110 of the
Health and Safety Code, shall be paid a monthly rate that is 75
percent of the average foster care expenditures for foster youth 16
to 18 years of age, inclusive, in group home care in the county in
which the program operates.
(2) Subject to subdivision (c), a transitional housing placement
program, as defined in Section 11400, that provides transitional
housing services to an eligible youth in a facility certified
pursuant to subdivision (e) of Section 1559.110 of the Health and
Safety Code, shall be paid a monthly rate that is 70 percent of the
average foster care expenditures for foster youth 16 to 18 years of
age, inclusive, in group home care in the county in which the program
operates.
(b) Payment to a transitional housing placement program for
transitional housing services provided to a person described in
paragraph (1) of subdivision (a) of Section 11403.2 shall be subject
to the following conditions:
(1) An amount equal to the base rate, as defined in subdivision
(d), shall be paid for transitional housing services provided.
(2) Any additional amount payable pursuant to subdivision (a)
shall be contingent on both of the following:
(A) The availability of moneys in the Transitional Housing for
Foster Youth Fund established in Section 11403.4, or appropriated for
this purpose in the annual Budget Act for the cost of the program,
to pay the state share of cost of the additional amount.
(B) Election by the county placing the youth in the transitional
housing placement program to participate in the costs of the
additional amount, pursuant to subdivision (g).
(c) (1) Payment to a transitional housing placement program for
transitional housing services provided pursuant to paragraph (2) of
subdivision (a) of Section 11403.2 shall be subject to the following
conditions:
(A) Any Supportive Transitional Emancipation Program (STEP)
payment payable pursuant to Section 11403.1 shall be paid for
transitional housing services provided.
(B) Any amount payable pursuant to subdivision (a) to a
transitional housing placement program for services provided to a
person described in paragraph (2) of subdivision (a) of Section
11403.2 shall be paid contingent on the availability of moneys
appropriated for this purpose in the annual Budget Act for the cost
of the program.
(2) The department may limit new participants into transitional
housing placement programs if costs for this subdivision are
projected to exceed moneys appropriated for this purpose in the
annual Budget Act.
(d) (1) As used in this section, "base rate" means the rate a
transitional housing placement program was approved to receive on
June 30, 2001. If a program commences operation after this date, the
base rate shall be the rate the program would have received if it had
been operational on June 30, 2001.
(2) Notwithstanding subdivision (a), no transitional housing
placement program with an approved rate on July 1, 2001, shall
receive a lower rate than its base rate.
(e) Any reductions in payments to a transitional housing placement
program pursuant to the implementation of paragraph (2) of
subdivision (b) or subparagraph (B) of paragraph (1) of subdivision
(c) shall not preclude the program from acquiring from other sources,
additional funding necessary to provide program services.
(f) The department shall develop, implement, and maintain a
ratesetting system schedule for transitional housing placement
programs pursuant to subdivisions (a) to (d), inclusive.
(g) (1) Funding for the rates payable under this section for
persons described in paragraph (1) of subdivision (a) of Section
11403.2 shall be subject to a sharing ratio of 40 percent state and
60 percent county share of nonfederal funds.
(2) Funding for the rates payable under this section for persons
described in paragraph (2) of subdivision (a) of Section 11403.2
shall be subject to a sharing ratio of 100 percent state and 0
percent county funds.
11403.4. (a) The Transitional Housing for Foster Youth Fund is
hereby created in the State Treasury for the purposes specified in
this section.
(b) Except as otherwise limited by this section, the fund shall
consist of all of the following:
(1) All public moneys transferred into the fund.
(2) Any interest that accrues on amounts in the fund.
(c) All moneys in the fund shall be used for the purpose of costs
incurred pursuant to paragraph (2) of subdivision (b) or subparagraph
(B) of paragraph (1) of subdivision (c) of Section 11403.3.
(d) Notwithstanding Section 13340 of the Government Code, moneys
in the fund are continuously appropriated, without regard to fiscal
years, for the purposes specified in subdivision (c).
11404. (a) Except as provided in Section 11405, a child is not
eligible for AFDC-FC unless responsibility for placement and care of
the child is with the county welfare department or Indian tribe that
entered into an agreement pursuant to Section 10553.1, the county
probation department which has an agreement with the county welfare
department, or a licensed public adoption agency, licensed private
adoption agency, or the department.
(b) In order for the child to be eligible for AFDC-FC, the agency
with responsibility for the child's placement and care shall, in
accordance with departmental regulations do all of the following:
(1) For children removed after October 1, 1983, document that it
provided preplacement preventive services to the child prior to the
child's placement in foster care, and document why provisions of
these services were not successful in maintaining the child in his or
her home, unless it is documented that these services were not
provided due to either of the following:
(A) The voluntary relinquishment of the child by one or both
parents or court action declaring a child free from the custody and
control o
11400. For the purposes of this article, the following definitions
shall apply:
(a) "Aid to Families with Dependent Children-Foster Care (AFDC-FC)"
means the aid provided on behalf of needy children in foster care
under the terms of this division.
(b) "Case plan" means a written document that, at a minimum,
specifies the type of home in which the child shall be placed, the
safety of that home, and the appropriateness of that home to meet the
child's needs. It shall also include the agency's plan for ensuring
that the child receive proper care and protection in a safe
environment, and shall set forth the appropriate services to be
provided to the child, the child's family, and the foster parents, in
order to meet the child's needs while in foster care, and to reunify
the child with the child's family. In addition, the plan shall
specify the services that will be provided or steps that will be
taken to facilitate an alternate permanent plan if reunification is
not possible.
(c) "Certified family home" means a family residence certified by
a licensed foster family agency and issued a certificate of approval
by that agency as meeting licensing standards, and used only by that
foster family agency for placements.
(d) "Family home" means the family residency of a licensee in
which 24-hour care and supervision are provided for children.
(e) "Small family home" means any residential facility, in the
licensee's family residence, which provides 24-hour care for six or
fewer foster children who have mental disorders or developmental or
physical disabilities and who require special care and supervision as
a result of their disabilities.
(f) "Foster care" means the 24-hour out-of-home care provided to
children whose own families are unable or unwilling to care for them,
and who are in need of temporary or long-term substitute parenting.
(g) "Foster family agency" means any individual or organization
engaged in the recruiting, certifying, and training of, and providing
professional support to, foster parents, or in finding homes or
other places for placement of children for temporary or permanent
care who require that level of care as an alternative to a group
home. Private foster family agencies shall be organized and operated
on a nonprofit basis.
(h) "Group home" means a nondetention privately operated
residential home, organized and operated on a nonprofit basis only,
of any capacity, or a nondetention licensed residential care home
operated by the County of San Mateo with a capacity of up to 25 beds,
that provides services in a group setting to children in need of
care and supervision, as required by paragraph (1) of subdivision (a)
of Section 1502 of the Health and Safety Code.
(i) "Periodic review" means review of a child's status by the
juvenile court or by an administrative review panel, that shall
include a consideration of the safety of the child, a determination
of the continuing need for placement in foster care, evaluation of
the goals for the placement and the progress toward meeting these
goals, and development of a target date for the child's return home
or establishment of alternative permanent placement.
(j) "Permanency planning hearing" means a hearing conducted by the
juvenile court in which the child's future status, including whether
the child shall be returned home or another permanent plan shall be
developed, is determined.
(k) "Placement and care" refers to the responsibility for the
welfare of a child vested in an agency or organization by virtue of
the agency or organization having (1) been delegated care, custody,
and control of a child by the juvenile court, (2) taken
responsibility, pursuant to a relinquishment or termination of
parental rights on a child, (3) taken the responsibility of
supervising a child detained by the juvenile court pursuant to
Section 319 or 636, or (4) signed a voluntary placement agreement for
the child's placement; or to the responsibility designated to an
individual by virtue of his or her being appointed the child's legal
guardian.
(l) "Preplacement preventive services" means services that are
designed to help children remain with their families by preventing or
eliminating the need for removal.
(m) "Relative" means an adult who is related to the child by
blood, adoption, or affinity within the fifth degree of kinship,
including stepparents, stepsiblings, and all relatives whose status
is preceded by the words "great," "great-great," or "grand" or the
spouse of any of these persons even if the marriage was terminated by
death or dissolution.
(n) "Nonrelative extended family member" means an adult caregiver
who has an established familial or mentoring relationship with the
child, as described in Section 362.7.
(o) "Voluntary placement" means an out-of-home placement of a
child by (1) the county welfare department, probation department, or
Indian tribe that has entered into an agreement pursuant to Section
10553.1, after the parents or guardians have requested the assistance
of the county welfare department and have signed a voluntary
placement agreement; or (2) the county welfare department licensed
public or private adoption agency, or the department acting as an
adoption agency, after the parents have requested the assistance of
either the county welfare department, the licensed public or private
adoption agency, or the department acting as an adoption agency for
the purpose of adoption planning, and have signed a voluntary
placement agreement.
(p) "Voluntary placement agreement" means a written agreement
between either the county welfare department, probation department,
or Indian tribe that has entered into an agreement pursuant to
Section 10553.1, licensed public or private adoption agency, or the
department acting as an adoption agency, and the parents or guardians
of a child that specifies, at a minimum, the following:
(1) The legal status of the child.
(2) The rights and obligations of the parents or guardians, the
child, and the agency in which the child is placed.
(q) "Original placement date" means the most recent date on which
the court detained a child and ordered an agency to be responsible
for supervising the child or the date on which an agency assumed
responsibility for a child due to termination of parental rights,
relinquishment, or voluntary placement.
(r) "Transitional housing placement facility" means either of the
following:
(1) A community care facility licensed by the State Department of
Social Services pursuant to Section 1559.110 of the Health and Safety
Code to provide transitional housing opportunities to persons at
least 16 years of age, and not more than 18 years of age unless they
satisfy the requirements of Section 11403, who are in out-of-home
placement under the supervision of the county department of social
services or the county probation department, and who are
participating in an independent living program.
(2) A facility certified to provide transitional housing services
pursuant to subdivision (e) of Section 1559.110 of the Health and
Safety Code.
(s) "Transitional housing placement program" means a program that
provides supervised housing opportunities to eligible youth and
nonminor dependents pursuant to Article 4 (commencing with Section
16522) of Chapter 5 of Part 4.
(t) "Whole family foster home" means a new or existing family
home, approved relative caregiver or nonrelative extended family
member's home, the home of a nonrelated legal guardian whose
guardianship was established pursuant to Section 366.26 or 360,
certified family home that provides foster care for a minor or
nonminor dependent parent and his or her child, and is specifically
recruited and trained to assist the 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 an agreement of consent for placement
in a supervised setting between a minor or, on and after January 1,
2012, a nonminor dependent, and the agency responsible for the foster
care placement, that documents the nonminor's continued need for
supervised out-of-home placement and the nonminor's and social worker'
s or probation officer's agreement to work together to facilitate
implementation of the mutually developed supervised placement
agreement and transitional living plan.
(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 or former dependent child or ward of the juvenile court who
satisfies all of the following criteria:
(1) He or she has attained 18 years of age but is less than 21
years of age.
(2) He or she is in foster care under the responsibility of the
county welfare department, county probation department, or Indian
tribe that entered into an agreement pursuant to Section 10553.1.
(3) He or she is participating in 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 Fostering
Connections to Success and Increasing Adoptions Act of 2008 (Public
Law 110-351).
(w) "Supervised independent living setting" means, on and after
January 1, 2012, a supervised setting, as specified in a nonminor
dependent's transitional independent living case plan, in which the
youth is living independently, pursuant to Section 472(c)(2) of the
Social Security Act (42 U.S.C. Sec. 672(c)(2)).
(x) "THP-Plus Foster Care" means, on and after January 1, 2012, a
placement that offers supervised housing opportunities and supportive
services to eligible nonminor dependents at least 18 years of age,
on and after January 1, 2013, 19 years of age, and on and after
January 1, 2014, 20 years of age, and not more than 21 years of age,
who are in out-of-home placement under the supervision of the county
department of social services or the county probation department or
Indian tribe that entered into an agreement pursuant to Section
10553.1, and who are described in paragraph (3) of subdivision (a) of
Section 11403.2.
(y) "Trial independence" means, on or after January 1, 2012,
consistent with paragraph (e) of Section 1356.21 of Title 45 of the
Code of Federal Regulations, a period not to exceed six months,
unless the juvenile court authorizes a longer period, during which
the court may terminate and subsequently resume the nonminor's
dependency jurisdiction, and the nonminor's Title IV-E foster care
benefits may be resumed if the nonminor otherwise is eligible
pursuant to Section 11403. Operation of this subdivision shall be
contingent upon receipt of all necessary federal approvals.
11400.1. (a) For purposes of this article, "crisis nursery" means a
facility licensed to provide short-term, 24-hour nonmedical
residential care and supervision for children under six years of age
who are either voluntarily placed for temporary care by a parent or
legal guardian due to a family crisis or stressful situation for no
more than 30 days or, except as provided in subdivision (e) of
Section 1516 of the Health and Safety Code, who are temporarily
placed by a county child welfare service agency for no more than 14
days.
(b) This section shall remain in effect only until July 1, 2012,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2012, deletes or extends that date.
11401. Aid in the form of AFDC-FC shall be provided under this
chapter on behalf of any child under 18 years of age, and, on and
after January 1, 2012, to any nonminor dependent, except as provided
in Section 11403, who meets the conditions of subdivision (a), (b),
(c), (d), (e), (f), (g), or (h):
(a) The child has been relinquished, for purposes of adoption, to
a licensed adoption agency, or the department, or the parental rights
of either or both of his or her parents have been terminated after
an action under the Family Code has been brought by a licensed
adoption agency or the department, provided that the licensed
adoption agency or the department, if responsible for placement and
care, provides to those children all services as required by the
department to children in foster care.
(b) The child has been removed from the physical custody of his or
her parent, relative, or guardian as a result of a voluntary
placement agreement or a judicial determination that continuance in
the home would be contrary to the child's welfare and that, if the
child was placed in foster care, reasonable efforts were made,
consistent with Chapter 5 (commencing with Section 16500) of Part 4,
to prevent or eliminate the need for removal of the child from his or
her home and to make it possible for the child to return to his or
her home, and any of the following applies:
(1) The child has been adjudged a dependent child of the court on
the grounds that he or she is a person described by Section 300.
(2) The child has been adjudged a ward of the court on the grounds
that he or she is a person described by Sections 601 and 602.
(3) The child has been detained under a court order, pursuant to
Section 319 or 636, that remains in effect.
(4) The child's dependency jurisdiction has resumed pursuant to
Section 387, or subdivision (a) or (e) of Section 388.
(c) The child has been voluntarily placed by his or her parent or
guardian pursuant to Section 11401.1.
(d) The child is living in the home of a nonrelated legal
guardian.
(e) On and after January 1, 2012, the child is a nonminor
dependent who is placed pursuant to a mutual agreement as set forth
in subdivision (d) of Section 11403, under the responsibility of the
county welfare department, an Indian tribe that entered into an
agreement pursuant to Section 10553.1, or the county probation
department.
(f) The child has been placed in foster care under the federal
Indian Child Welfare Act. Sections 11402, 11404, and 11405 shall not
be construed as limiting payments to Indian children, as defined in
the federal Indian Child Welfare Act, placed in accordance with that
act.
(g) To be eligible for federal financial participation, the
conditions described in paragraph (1), (2), (3), or (4) shall be
satisfied:
(1) (A) The child meets the conditions of subdivision (b).
(B) The child has been deprived of parental support or care for
any of the reasons set forth in Section 11250.
(C) The child has been removed from the home of a relative as
defined in Section 233.90(c)(1) of Title 45 of the Code of Federal
Regulations, as amended.
(D) The requirements of Sections 671 and 672 of Title 42 of the
United States Code, as amended, have been met.
(2) (A) The child meets the requirements of subdivision (h).
(B) The requirements of Sections 671 and 672 of Title 42 of the
United States Code, as amended, have been met.
(C) This paragraph shall be implemented only if federal financial
participation is available for the children described in this
paragraph.
(3) (A) The child has been removed from the custody of his or her
parent, relative, or guardian as a result of a voluntary placement
agreement or a judicial determination that continuance in the home
would be contrary to the child's welfare and that, if the child was
placed in foster care, reasonable efforts were made, consistent with
Chapter 5 (commencing with Section 16500) of Part 4, to prevent or
eliminate the need for removal of the child from his or her home and
to make it possible for the child to return to his or her home, and
any of the following applies:
(i) The child has been adjudged a dependent child of the court on
the grounds that he or she is a person described by Section 300.
(ii) The child has been adjudged a ward of the court on the
grounds that he or she is a person described by Sections 601 and 602.
(iii) The child has been detained under a court order, pursuant to
Section 319 or 636, that remains in effect.
(iv) The child's dependency jurisdiction has resumed pursuant to
Section 387.
(B) The child has been placed in an eligible foster care
placement, as set forth in Section 11402.
(C) The requirements of Sections 671 and 672 of Title 42 of the
United States Code have been satisfied.
(D) This paragraph shall be implemented only if federal financial
participation is available for the children described in this
paragraph.
(4) With respect to a nonminor dependent, in addition to meeting
the conditions specified in paragraph (1), the requirements of
Section 675(8)(B) of Title 42 of the United States Code have been
satisfied.
(h) The child meets all of the following conditions:
(1) The child has been adjudged to be a dependent child or ward of
the court on the grounds that he or she is a person described in
Section 300, 601, or 602.
(2) The child's parent also has been adjudged to be a dependent
child or nonminor dependent of the court on the grounds that he or
she is a person described by Section 300, 601, or 602 and is
receiving benefits under this chapter.
(3) The child is placed in the same licensed or approved foster
care facility in which his or her parent is placed and the child's
parent is receiving reunification services with respect to that
child.
11401.05. The department shall amend the foster care state plan
required under Subtitle IV-E (commencing with Section 470 of the
federal Social Security Act (42 U.S.C. Sec. 670 et seq.)), to extend
benefits under this article, commencing January 1, 2012, to an
individual who is in foster care under the responsibility of the
state, or with respect to whom an adoption assistance agreement or a
kinship guardianship assistance agreement is in effect, in accordance
with the federal Fostering Connections to Success and Increasing
Adoptions Act of 2008 (Public Law 110-351).
11401.1. (a) Otherwise eligible children placed voluntarily prior
to January 1, 1981, may remain eligible for AFDC-FC payments.
(b) Beginning on January 1, 1982, AFDC-FC payments for children
placed voluntarily on or after January 1, 1981, shall be limited to a
period of up to 180 days under conditions specified by departmental
regulations, and may be extended an additional six months pursuant to
Section 16507.3 and departmental regulations.
This section shall become operative on January 1, 1984.
11401.2. AFDC-FC shall be paid to an otherwise eligible child in a
voluntary placement in a demonstration county for a period not to
exceed six months, with a maximum extension of an additional six
months.
11401.4. A child living with his or her parent who is a minor or,
on and after January 1, 2012, a nonminor dependent and a recipient of
AFDC-FC benefits shall be deemed a child with respect to whom
AFDC-FC payments are made.
11401.5. The county shall review the child's or nonminor dependent'
s payment amount annually. The review shall include an examination of
any circumstances of a foster child or nonminor dependent that are
subject to change and could affect the child's or nonminor dependent'
s potential eligibility or payment amount, including, but not limited
to, authority for placement, eligible facility, and age.
11401.6. At the time of determining eligibility for AFDC-FC
payments, the county shall also determine whether the child is
currently in receipt of benefits pursuant to Title II or Title XVI of
the Social Security Act. If so, the county shall apply to become the
child's representative payee, as appropriate, during the time the
child is placed in foster care.
11402. In order to be eligible for AFDC-FC, a child shall be placed
in one of the following:
(a) The approved home of a relative, provided the child is
otherwise eligible for federal financial participation in the AFDC-FC
payment.
(b) (1) The licensed family home of a nonrelative.
(2) The approved home of a nonrelative extended family member as
described in Section 362.7.
(c) A licensed group home, as defined in subdivision (h) of
Section 11400, provided that the placement worker has documented that
the placement is necessary to meet the treatment needs of the child
and that the facility offers those treatment services.
(d) The home of a nonrelated legal guardian or the home of a
former nonrelated legal guardian when the guardianship of a child who
is otherwise eligible for AFDC-FC has been dismissed due to the
child's attaining 18 years of age.
(e) An exclusive-use home.
(f) A licensed transitional housing placement facility, as
described in Section 1559.110 of the Health and Safety Code, and as
defined in subdivision (r) of Section 11400, or a transitional
housing placement program, as defined in subdivision (s) of Section
11400.
(g) An out-of-state group home, provided that the placement
worker, in addition to complying with all other statutory
requirements for placing a minor in an out-of-state group home,
documents that the requirements of Section 7911.1 of the Family Code
have been met.
(h) A licensed crisis nursery, as described in Section 1516 of the
Health and Safety Code, and as defined in subdivision (a) of Section
11400.1.
(i) A supervised independent living setting for nonminor
dependents, as defined in Section 11400.
(j) An approved THP-Plus Foster Care placement for nonminor
dependents, as defined in subdivision (x) of Section 11400.
(k) This section shall remain in effect only until July 1, 2012,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2012, deletes or extends that date.
11402. In order to be eligible for AFDC-FC, a child shall be placed
in one of the following:
(a) The approved home of a relative, provided the child is
otherwise eligible for federal financial participation in the AFDC-FC
payment.
(b) (1) The licensed family home of a nonrelative.
(2) The approved home of a nonrelative extended family member as
described in Section 362.7.
(c) A licensed group home, as defined in subdivision (h) of
Section 11400, provided that the placement worker has documented that
the placement is necessary to meet the treatment needs of the child
and that the facility offers those treatment services.
(d) The home of a nonrelated legal guardian or the home of a
former nonrelated legal guardian when the guardianship of a child who
is otherwise eligible for AFDC-FC has been dismissed due to the
child's attaining 18 years of age.
(e) An exclusive-use home.
(f) A licensed transitional housing placement facility as
described in Section 1559.110 of the Health and Safety Code and as
defined in subdivision (r) of Section 11400, or a transitional
housing placement program, as defined in subdivision (s) of Section
11400.
(g) An out-of-state group home, provided that the placement
worker, in addition to complying with all other statutory
requirements for placing a minor in an out-of-state group home,
documents that the requirements of Section 7911.1 of the Family Code
have been met.
(h) A supervised independent living setting for nonminor
dependents, as defined in Section 11400.
(i) An approved THP-Plus Foster Care placement for nonminor
dependents, as defined in subdivision (x) of Section 11400.
(j) This section shall become operative on July 1, 2012.
11402.1. For purposes of Section 11402, "eligible for federal
financial participation" means that the payment is consistent with an
approved state plan under Sections 671 and following of Title 42 of
the United States Code, authorizing federal financial participation
in the payment. Notwithstanding any other provision of law, until and
unless federal financial participation is obtained, no payment of
AFDC-FC may be made from either state or county funds on behalf of a
child determined to be eligible for AFDC-FC solely as a result of the
decision of the California Court of Appeal in Land v. Anderson
(1997) 55 Cal.App.4th 89.
11402.2. Recognizing that transitions to independence involve
self-initiated changes in placements, it is the intent of the
Legislature that regulations developed regarding the approval of the
supervised independent living setting, as defined in subdivision (w)
of Section 11400, shall ensure continuity of placement and payment
while the nonminor dependent is temporarily absent from an approved
placement while awaiting approval of his or her new supervised
independent living setting.
11402.4. (a) Subject to the conditions set forth in subdivisions
(b) and (c), and notwithstanding any other provision of law, with
respect to an approved home of a relative or nonrelative extended
family member for which an annual visit to ensure the quality of care
provided is pending, the relative or nonrelative extended family
member home's approval shall remain in full force and effect. Payment
to the relative or nonrelative extended family member provider shall
not be delayed or terminated solely due to late completion of the
annual visit to ensure the quality of care provided.
(b) The frequency of required visits to ensure the quality of care
provided shall not be less than the frequency of visits for licensed
foster family homes as specified in paragraph (1) of subdivision (a)
of Section 1534 of the Health and Safety Code. If late completion of
an annual visit occurs, under no circumstances shall the county
visit an approved home of a relative or nonrelative extended family
member less than once every 24 months.
(c) The frequency of required visits to ensure the quality of care
provided shall be subject to state plan approval.
11402.5. (a) The federal government has provided the state the
option of including in its state plan children placed in public child
care institutions. Therefore, notwithstanding Section 11402 and
subject to Section 15200.5, it is the intent of the Legislature that
a child who is otherwise eligible for federal financial participation
in the AFDC-FC payment may be eligible for aid under the provisions
of this chapter when the child is placed in a public child care
institution. Payment under the provisions of this section cannot
exceed 30 days, except as provided in subdivision (b). This provision
is effective only if and during such federal fiscal year when no
restriction, as defined by the department, on federal matching for
AFDC-FC payments exists. Pursuant to this section, the county shall
request reimbursement at the close of the federal fiscal year. As
used in this section, "public child care institution" means a
nondetention facility which has been licensed in accordance with the
Community Care Facilities Act, Chapter 3 (commencing with Section
1500) of Division 2 of the Health and Safety Code, and which has a
licensed capacity not exceeding 25 children.
(b) When a child is hard to place, as defined in departmental
regulations, and when the child is not placed in an emergency
shelter, payment may be made under this section for a period not
exceeding 90 days.
(c) Upon notification from the federal government that the
restrictions on federal matching specified in subdivision (a) do not
exist, the department shall amend the state plan to authorize federal
financial participation to a county or counties operating a public
child care institution with a licensed capacity exceeding 25
children.
(d) For purposes of subdivision (c), "public child care
institution" includes only those facilities that meet all of the
following requirements:
(1) It is temporary shelter care facility, as defined in Section
1530.8 of the Health and Safety Code.
(2) (A) Except as provided in subparagraph (B), it has a licensed
capacity that does not exceed 200 children.
(B) A facility in Orange County may have a licensed capacity of
not more than 236 children.
11402.6. (a) The federal government has provided the state with the
option of including in its state plan children placed in a private
facility operated on a for-profit basis.
(b) For children for whom the county placing agency has exhausted
all other placement options, notwithstanding subdivision (h) of
Section 11400 and subject to Section 15200.5, a child who is
otherwise eligible for federal financial participation in the AFDC-FC
payment shall be eligible for aid under this chapter when the child
is placed in a for-profit child care institution and meets all of the
following criteria, which shall be clearly documented in the county
welfare department case file:
(1) The child has extraordinary and unusual special behavioral or
medical needs that make the child difficult to place, including, but
not limited to, being medically fragile, brittle diabetic, having
severe head injuries, a dual diagnosis of mental illness and
substance abuse or a dual diagnosis of developmental delay and mental
illness.
(2) No other comparable private nonprofit facility or public
licensed residential care home exists in the state that is willing to
accept placement and is capable of meeting the child's extraordinary
special needs.
(3) The county placing agency has demonstrated that no other
alternate placement option exists for the child.
(4) The child has a developmental disability and is eligible for
both federal AFDC-FC payments and for regional center services.
(c) Federal financial participation shall be provided pursuant to
Section 11402 for children described in subdivision (a) subject to
all of the following conditions, which shall be clearly documented in
the county welfare department case file.
(1) The county placing agency enters into a performance-based
placement agreement with the for-profit facility to ensure the
facility is providing services to improve the safety, permanency, and
well-being outcomes of the placed children pursuant to Section
10601.2.
(2) The county placing agency will require the facility to ensure
placement in the child's community to the degree possible to enhance
ongoing connections with the child's family and to promote the
establishment of lifelong connections with committed adults.
(3) The county placing agency monitors and reviews the facility's
outcome performance indicators every six months.
(4) In no event shall federal financial participation in this
placement exceed a 12-month period.
(5) Payments made under this section shall not be made on behalf
of any more than five children in a county at any one time.
(6) Payments made under this section shall be made pursuant to
Sections 4684 and 11464, and only to a group home that is an approved
vendor of a regional center.
(d) This section shall be implemented only during a federal fiscal
year in which the department determines that no restriction on
federal matching AFDC-FC payment exists.
(e) As used in this section, "child care institution" means a
nondetention facility that has been licensed in accordance with the
California Community Care Facilities Act (Chapter 3 (commencing with
Section 1500) of Division 2 of the Health and Safety Code), and that
has a licensed capacity not exceeding 25 children.
(f) The county placing agency shall review and report to the
juvenile court at every six-month case plan update if this placement
remains appropriate and necessary and what the plan is for discharge
to a less restrictive placement.
(g) Notwithstanding subdivision (d) or any other provision of law,
this section shall not be implemented before July 1, 2010.
11402.9. In order to receive funding on behalf of children
receiving AFDC-FC, each group home shall provide a full disclosure of
all financial information related to its operation, including
independent certification of the information provided, in a manner
and format established by the department.
11403. (b) This section shall remain in effect only until January
1, 2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
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 Fostering Connections to
Success and Increasing Adoptions Act of 2008 (Public Law 110-351), to
receive federal financial participation for current or former
dependent children or wards of the juvenile court who meet the
conditions of subdivision (b), consistent with their transitional
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. It is the intent of the
Legislature both at the time of initial determination of the nonminor
dependent's eligibility and throughout the time the nonminor
dependent is eligible for aid pursuant to this section, that the
social worker or probation officer or Indian tribe and the nonminor
dependent shall work together to ensure the nonminor dependent's
ongoing eligibility. All case planning shall be a collaborative
effort between the nonminor dependent and the social worker,
probation officer, or Indian tribe, with the nonminor dependent
assuming increasing levels of responsibility and independence.
(b) A nonminor dependent receiving aid pursuant to this chapter,
who satisfies the age criteria set forth in subdivision (a), shall
continue to receive aid so long as the nonminor has signed a mutual
agreement as set forth in subdivision (d), and is otherwise eligible
for AFDC-FC payments pursuant to Section 11401 or CalWORKs payments
pursuant to Section 11253 or 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 of the juvenile
court who is receiving AFDC-FC benefits pursuant to Section 11405
shall be eligible to continue to receive aid 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, as long as the nonminor is
otherwise eligible for AFDC-FC benefits under this subdivision. This
subdivision shall apply when one or more of the following conditions
exist:
(1) The nonminor is completing secondary education or a program
leading to an equivalent credential.
(2) The nonminor is enrolled in an institution which provides
postsecondary or vocational education.
(3) The nonminor is participating in a program or activity
designed to promote, or remove barriers to employment.
(4) The nonminor is employed for at least 80 hours per month.
(5) The nonminor is incapable of doing any of the activities
described in subparagraphs (1) to (4), inclusive, due to a medical
condition, and that incapability is supported by regularly updated
information in the case plan of the nonminor.
(c) The county child welfare or probation department or Indian
tribe 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 meet one or
more of the conditions described in paragraphs (1) to (5), inclusive,
of subdivision (b) and shall certify the nonminor's applicable
condition or conditions in the nonminor's six-month transitional
independent living case plan update, and provide the certification to
the eligibility worker and to the court at each six-month case plan
review hearing for the nonminor dependent. Relative guardians who
receive Kin-GAP payments and adoptive parents who receive adoption
assistance payments shall be responsible for reporting to the county
welfare agency that the nonminor does not satisfy at least one of the
conditions described in subdivision (b). The social worker,
probation officer, or tribe shall verify and obtain assurances that
the nonminor dependent continues to meet at least one of the
conditions in paragraphs (1) to (5), inclusive, of subdivision (b) at
each six-month transitional independent living case plan update. The
six-month case plan update shall certify the nonminor's eligibility
pursuant to subdivision (b) for the next six-month period. During the
six-month certification period, the payee and nonminor shall report
any change in placement or other relevant changes in circumstances
that may affect payment. The nonminor dependent or a nonminor former
dependent receiving aid pursuant to Section 11405, shall be afforded
all due process requirements in accordance with state and federal law
prior to an involuntary termination of aid. The nonminor dependent
or nonminor former dependent receiving aid pursuant to 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, and the placing worker, in addition to any other payee.
(d) A nonminor dependent may receive all or a portion of the
payment directly provided that the nonminor is living independently
in a supervised setting, and that both the youth and the agency
responsible for the foster care placement have signed a mutual
agreement, as defined in subdivision (u) of Section 11400, if the
youth is capable of making an informed agreement, that documents the
continued need for supervised out-of-home placement, and the nonminor'
s and social worker's or probation officer's agreement to work
together to facilitate implementation of the mutually developed
supervised placement agreement and transitional living plan.
(e) Eligibility for aid under this section shall not terminate
until the nonminor attains 21 years of age but aid may be suspended
and resumed at request of the nonminor pursuant to subdivision (e) of
Section 388 or after a court terminates dependency jurisdiction
pursuant to Section 391, or delinquency jurisdiction pursuant to
Section 785. Consistent with paragraph (e) of Section 1356.21 of
Title 45 of the Code of Federal Regulations, for the nonminor who
returns to supervised placement within the six-month trial period, or
if the court authorized a trial period of departure from foster care
that exceeded six months in duration and ends prior to the day
before the nonminor attains 21 years of age, the county welfare
department is not required to establish a new Title IV-E eligibility
determination for the nonminor for whom dependency jurisdiction is
resumed by the court. The county welfare department, tribe, or county
probation department shall provide a nonminor dependent who wishes
to continue receiving aid with the assistance necessary to meet and
maintain eligibility.
(f) (1) The county having jurisdiction of the nonminor dependent
shall remain the county of payment under this section regardless of
the youth's physical residence. Nonminor dependents receiving aid
pursuant to 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 youth's transitional independent living
case plan. Placements made out of state are subject to the
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, tribe, or county probation
department 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) Aid under this section shall be paid on the first of the month
for that month. Notwithstanding any other provision of law, when a
child attains 18 years of age those payments shall continue to the
end of that calendar month and the AFDC-FC, Kin-GAP, or AAP payments
under this section shall begin the first day of the following month.
(4) 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 contribute to 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, CalWORKs payments pursuant to Section 11253, 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, and aid pursuant to Section 11405 for nonminor dependents
who are residing in the county as provided in paragraph (1) of
subdivision (f), at the statutory sharing ratios for each of these
programs in effect on January 1, 2012.
(2) Subject to paragraph (3), a county shall contribute to 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 at the statutory sharing ratio for these services in
effect on January 1, 2012. 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) Notwithstanding any other provision of law, a county's total
contribution pursuant to paragraphs (1) and (2) shall not exceed the
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). The department shall
work with the County Welfare Directors Association to determine a
methodology for calculating each county's costs and savings pursuant
to this section.
(h) It is the intent of the Legislature that no county currently
participating in the Child Welfare Demonstration Capped Allocation
Project be adversely impacted by the department's exercise of its
option to extend foster care benefits pursuant to Section 673(a)(4)
and Section 675(8) of Title 42 of the United States Code in the
federal Social Security Act, as contained in the 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, 2012, 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 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.
(k) Notwithstanding any other provision of law, the extension of
benefits to nonminor dependents between 20 and 21 years of age, as
provided for in this section, shall be contingent upon an
appropriation by the Legislature.
(l) This section shall become operative on January 1, 2012.
11403.1. (a) (1) The Legislature finds and declares that former
foster youth are a vulnerable population at risk of homelessness,
unemployment, welfare dependency, incarceration, and other adverse
outcomes if they exit the foster care system unprepared to become
self-sufficient. Unlike many young individuals 18 years of age who
can depend on family for ongoing support while they complete
postsecondary education or develop career opportunities, emancipating
foster youth have their primary source of support, AFDC-Foster Care
payments, terminated at 18 years of age and are then dependent on
their own resources for self-support. Some foster youth are not able
to complete high school or other education or training programs due
to ongoing trauma from the parental abuse or neglect and gaps in
their educational attainment stemming from the original removal and
subsequent changes in placement.
(2) Completion of an educational or training program is an
essential, minimum skill needed by foster youth in order to be
competitive in today's economy.
(3) It is therefore the intent of the Legislature to create, for
counties that opt to participate, the Supportive Transitional
Emancipation Program (STEP) in which emancipated foster youth shall
be eligible to receive support while participating in an educational
or training program, or any activity consistent with their
transitional independent living plan up to 21 years of age.
(b) A person who meets all of the following conditions shall be
eligible to receive aid under this section:
(1) The person either was in foster care and emancipated upon
reaching the age limitations specified in Section 11401 or received
aid pursuant to Kin-GAP under Article 4.5 (commencing with Section
11360) and emancipated upon reaching the age limitations specified in
Section 11363.
(2) The person is participating in an educational or training
program, or any activity consistent with his or her transitional
independent living plan.
(3) The person is under 21 years of age.
(4) The person has emancipated from a county that is participating
in the STEP program.
(c) Aid under this section shall be provided pursuant to a
transitional independent living plan mutually agreed upon by the
emancipated foster youth and the county welfare or probation
department or independent living program coordinator, which shall be
reviewed annually. The youth participating in STEP has the
responsibility to inform the county of changes to the conditions in
the agreed-upon plan that affect payment of aid, including changes in
address, living circumstances, and the educational or training
program.
(d) For purposes of this section, "emancipated foster youth" means
a person who meets the eligibility criteria in subdivision (b).
(e) (1) In determining the amount of aid under this section, the
rate provided to the youth shall be equivalent to the basic rate
provided to a foster family home provider pursuant to Section 11461.
(2) If the emancipated youth remains in placement, payment shall
be made to the care provider, including a transitional housing
placement program, at a rate equivalent to the basic rate provided to
a foster family home provider pursuant to Section 11461.
(f) Unless otherwise provided by federal law, receipt of aid under
this section shall not be considered income either for purposes of
eligibility for services provided in other federal or state programs,
or for grants that may be provided by an institution of higher
education, including, but not limited to, Cal Grants or other grants
or fee waivers.
(g) (1) Aid under this section shall be provided to eligible youth
who have emancipated from a county that elects to participate under
this section.
(2) Each participating county welfare department shall notify all
foster youth in that county, including those receiving Kin-GAP, ages
16 to 19 years, inclusive, of the existence of the program prescribed
by this section.
(h) The department shall seek any federal funds available for
implementation of this section, including, but not limited to, funds
available under Title IV of the Social Security Act (42 U.S.C. Sec.
601 et seq.). Implementation of this section shall not, however, be
contingent upon receipt of any federal funding. The department shall
seek any waiver from the Secretary of the United States Department of
Health and Human Services that is necessary to implement this
section.
(i) Funding shall be subject to the sharing ratios specified in
subdivision (c) of Section 15200.
(j) This section shall be implemented only to the extent funds are
appropriated for that purpose in the annual Budget Act.
(k) This section shall be operative on January 1, 2002.
11403.2. (a) The following persons shall be eligible for
transitional housing placement program services provided pursuant to
Article 4 (commencing with Section 16522) of Chapter 5 of Part 4:
(1) Any minor at least 16 years of age and not more than 18 years
of age, and, on or after January 1, 2012, any nonminor dependent who
is less than 21 years of age, who is eligible for AFDC-FC benefits as
provided in subdivision (b) of Section 11403, and who also meets the
requirements in Section 16522.2.
(2) Any person less than 24 years of age who has emancipated from
a county that has elected to participate in a transitional housing
placement program for youths who are at least 18 years of age and
under 24 years of age, as described in subdivision (r) of Section
11400, provided he or she has not received services under this
paragraph for more than a total of 24 months, whether or not
consecutive. If the person participating in a transitional housing
placement program is not receiving aid under Section 11403.1, he or
she, as a condition of participation, shall enter into, and execute
the provisions of, a transitional independent living plan that shall
be mutually agreed upon, and annually reviewed, by the emancipated
foster youth and the county welfare or probation department or
independent living program coordinator. The youth participating under
this paragraph shall inform the county of any changes to conditions
specified in the agreed-upon plan that affect eligibility, including
changes in address, living circumstances, and the educational or
training program.
(3) It is the intent of the Legislature to create a new placement
option, known as THP-Plus-Foster Care. On and after January 1, 2012,
THP-Plus-Foster Care, as described in subdivision (x) of Section
11400, is an eligible facility for purposes of AFDC-FC payments for
placement of nonminor dependents, and shall offer the same housing
models and supportive services as are available through the standard
THP-Plus program available to emancipated foster youths pursuant to
paragraph (2). In creating the new THP-Plus-Foster Care placement
option, it is the intent of the Legislature to preserve the THP-Plus
program, as it is described in subdivision (e) of Section 1559.110 of
the Health and Safety Code, for former emancipated foster youth who
have attained 21 years of age, but are under 24 years of age, and for
former emancipated foster youth who have attained 18 years of age
but are under 21 years of age, whose dependency or delinquency
jurisdiction has been terminated by the court, and for whom reentry
into foster care under subdivision (e) of Section 388 is not an
appropriate or viable option.
(4) On and after January 1, 2012, any nonminor dependent at least
18 years of age, and on January 1, 2013, 19 years of age, and on
January 1, 2014, 20 years of age, and not more than 21 years of age,
as described in subdivision (v) of Section 11400, pursuant to
subdivision (x) of Section 11400, and who is eligible pursuant to
subdivision (b) of Section 11403.
(b) Payment on behalf of an eligible person receiving transitional
housing services pursuant to paragraph (1) of subdivision (a) shall
be made to the transitional housing placement program pursuant to the
conditions and limitations set forth in Section 11403.3.
Notwithstanding Section 11403.3, the department, 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, researchers, and transitional housing
program providers, shall convene a workgroup to establish a new rate
structure for the Title IV-E funded THP-Plus-Foster Care placement
option for nonminor dependents. The workgroup shall also consider
application of this new rate structure to the transitional housing
placement program, as described in paragraph (2) of subdivision (a)
of Section 11403.3. In developing the new rate structure pursuant to
this subdivision, the department shall consider the average rates in
effect and being paid by counties to current transitional housing
placement programs.
(c) On and after January 1, 2012, with respect to nonminor
dependents under 21 years of age, the approval standards for these
legal adults placed in the THP-Plus-Foster Care shall be developed in
accordance with Section 1502.7 of the Health and Safety Code. When
developing regulations for the THP-Plus programs, the department
shall consider the development of an application fee process for the
programs, similar to the fee schedule as described in Section 1523.1
of the Health and Safety Code. An approved THP-Plus program shall
certify facilities or sites to provide transitional housing services
to nonminor dependents pursuant to subdivision (e) of Section
1559.110 of the Health and Safety Code.
(d) (1) For budgeting purposes, and to achieve the intent of the
Legislature as described in paragraph (3) of subdivision (a), the
department, in consultation with stakeholders and pursuant to
subdivision (c) of Section 11403.3, shall allocate 70 percent of the
amount payable to placements of nonminor dependents under the
THP-Plus-Foster Care program. The remaining 30 percent of the amount
payable shall be available for THP-Plus placement for both those
former emancipated foster youth who have attained 21 years of age,
but are under 24 years of age, and for former emancipated foster
youth who have attained 18 years of age but who are under 21 years of
age, whose dependency or delinquency jurisdiction has been
terminated by the court, and for whom reentry into foster care under
subdivision (e) of Section 388 is not an appropriate or viable
option.
(2) Each county shall submit to the department a plan that sets
forth how the county will provide for the THP-Plus-Foster Care
population, as well as assurances that up to 30 percent of the
placements will be set aside for the THP-Plus population. The county
plan shall also include a contingency for how THP-Plus placements
will be reallocated in the event that there is not sufficient demand
in either the THP-Plus-Foster Care Program or the THP-Plus programs
to fill the beds allocated for these populations.
11403.3. (a) (1) Subject to subdivision (b), a transitional housing
placement program, as defined in Section 11400, that provides
transitional housing services to an eligible youth in a facility
licensed pursuant to subdivision (a) of Section 1559.110 of the
Health and Safety Code, shall be paid a monthly rate that is 75
percent of the average foster care expenditures for foster youth 16
to 18 years of age, inclusive, in group home care in the county in
which the program operates.
(2) Subject to subdivision (c), a transitional housing placement
program, as defined in Section 11400, that provides transitional
housing services to an eligible youth in a facility certified
pursuant to subdivision (e) of Section 1559.110 of the Health and
Safety Code, shall be paid a monthly rate that is 70 percent of the
average foster care expenditures for foster youth 16 to 18 years of
age, inclusive, in group home care in the county in which the program
operates.
(b) Payment to a transitional housing placement program for
transitional housing services provided to a person described in
paragraph (1) of subdivision (a) of Section 11403.2 shall be subject
to the following conditions:
(1) An amount equal to the base rate, as defined in subdivision
(d), shall be paid for transitional housing services provided.
(2) Any additional amount payable pursuant to subdivision (a)
shall be contingent on both of the following:
(A) The availability of moneys in the Transitional Housing for
Foster Youth Fund established in Section 11403.4, or appropriated for
this purpose in the annual Budget Act for the cost of the program,
to pay the state share of cost of the additional amount.
(B) Election by the county placing the youth in the transitional
housing placement program to participate in the costs of the
additional amount, pursuant to subdivision (g).
(c) (1) Payment to a transitional housing placement program for
transitional housing services provided pursuant to paragraph (2) of
subdivision (a) of Section 11403.2 shall be subject to the following
conditions:
(A) Any Supportive Transitional Emancipation Program (STEP)
payment payable pursuant to Section 11403.1 shall be paid for
transitional housing services provided.
(B) Any amount payable pursuant to subdivision (a) to a
transitional housing placement program for services provided to a
person described in paragraph (2) of subdivision (a) of Section
11403.2 shall be paid contingent on the availability of moneys
appropriated for this purpose in the annual Budget Act for the cost
of the program.
(2) The department may limit new participants into transitional
housing placement programs if costs for this subdivision are
projected to exceed moneys appropriated for this purpose in the
annual Budget Act.
(d) (1) As used in this section, "base rate" means the rate a
transitional housing placement program was approved to receive on
June 30, 2001. If a program commences operation after this date, the
base rate shall be the rate the program would have received if it had
been operational on June 30, 2001.
(2) Notwithstanding subdivision (a), no transitional housing
placement program with an approved rate on July 1, 2001, shall
receive a lower rate than its base rate.
(e) Any reductions in payments to a transitional housing placement
program pursuant to the implementation of paragraph (2) of
subdivision (b) or subparagraph (B) of paragraph (1) of subdivision
(c) shall not preclude the program from acquiring from other sources,
additional funding necessary to provide program services.
(f) The department shall develop, implement, and maintain a
ratesetting system schedule for transitional housing placement
programs pursuant to subdivisions (a) to (d), inclusive.
(g) (1) Funding for the rates payable under this section for
persons described in paragraph (1) of subdivision (a) of Section
11403.2 shall be subject to a sharing ratio of 40 percent state and
60 percent county share of nonfederal funds.
(2) Funding for the rates payable under this section for persons
described in paragraph (2) of subdivision (a) of Section 11403.2
shall be subject to a sharing ratio of 100 percent state and 0
percent county funds.
11403.4. (a) The Transitional Housing for Foster Youth Fund is
hereby created in the State Treasury for the purposes specified in
this section.
(b) Except as otherwise limited by this section, the fund shall
consist of all of the following:
(1) All public moneys transferred into the fund.
(2) Any interest that accrues on amounts in the fund.
(c) All moneys in the fund shall be used for the purpose of costs
incurred pursuant to paragraph (2) of subdivision (b) or subparagraph
(B) of paragraph (1) of subdivision (c) of Section 11403.3.
(d) Notwithstanding Section 13340 of the Government Code, moneys
in the fund are continuously appropriated, without regard to fiscal
years, for the purposes specified in subdivision (c).
11404. (a) Except as provided in Section 11405, a child is not
eligible for AFDC-FC unless responsibility for placement and care of
the child is with the county welfare department or Indian tribe that
entered into an agreement pursuant to Section 10553.1, the county
probation department which has an agreement with the county welfare
department, or a licensed public adoption agency, licensed private
adoption agency, or the department.
(b) In order for the child to be eligible for AFDC-FC, the agency
with responsibility for the child's placement and care shall, in
accordance with departmental regulations do all of the following:
(1) For children removed after October 1, 1983, document that it
provided preplacement preventive services to the child prior to the
child's placement in foster care, and document why provisions of
these services were not successful in maintaining the child in his or
her home, unless it is documented that these services were not
provided due to either of the following:
(A) The voluntary relinquishment of the child by one or both
parents or court action declaring a child free from the custody and
control o
11400. For the purposes of this article, the following definitions
shall apply:
(a) "Aid to Families with Dependent Children-Foster Care (AFDC-FC)"
means the aid provided on behalf of needy children in foster care
under the terms of this division.
(b) "Case plan" means a written document that, at a minimum,
specifies the type of home in which the child shall be placed, the
safety of that home, and the appropriateness of that home to meet the
child's needs. It shall also include the agency's plan for ensuring
that the child receive proper care and protection in a safe
environment, and shall set forth the appropriate services to be
provided to the child, the child's family, and the foster parents, in
order to meet the child's needs while in foster care, and to reunify
the child with the child's family. In addition, the plan shall
specify the services that will be provided or steps that will be
taken to facilitate an alternate permanent plan if reunification is
not possible.
(c) "Certified family home" means a family residence certified by
a licensed foster family agency and issued a certificate of approval
by that agency as meeting licensing standards, and used only by that
foster family agency for placements.
(d) "Family home" means the family residency of a licensee in
which 24-hour care and supervision are provided for children.
(e) "Small family home" means any residential facility, in the
licensee's family residence, which provides 24-hour care for six or
fewer foster children who have mental disorders or developmental or
physical disabilities and who require special care and supervision as
a result of their disabilities.
(f) "Foster care" means the 24-hour out-of-home care provided to
children whose own families are unable or unwilling to care for them,
and who are in need of temporary or long-term substitute parenting.
(g) "Foster family agency" means any individual or organization
engaged in the recruiting, certifying, and training of, and providing
professional support to, foster parents, or in finding homes or
other places for placement of children for temporary or permanent
care who require that level of care as an alternative to a group
home. Private foster family agencies shall be organized and operated
on a nonprofit basis.
(h) "Group home" means a nondetention privately operated
residential home, organized and operated on a nonprofit basis only,
of any capacity, or a nondetention licensed residential care home
operated by the County of San Mateo with a capacity of up to 25 beds,
that provides services in a group setting to children in need of
care and supervision, as required by paragraph (1) of subdivision (a)
of Section 1502 of the Health and Safety Code.
(i) "Periodic review" means review of a child's status by the
juvenile court or by an administrative review panel, that shall
include a consideration of the safety of the child, a determination
of the continuing need for placement in foster care, evaluation of
the goals for the placement and the progress toward meeting these
goals, and development of a target date for the child's return home
or establishment of alternative permanent placement.
(j) "Permanency planning hearing" means a hearing conducted by the
juvenile court in which the child's future status, including whether
the child shall be returned home or another permanent plan shall be
developed, is determined.
(k) "Placement and care" refers to the responsibility for the
welfare of a child vested in an agency or organization by virtue of
the agency or organization having (1) been delegated care, custody,
and control of a child by the juvenile court, (2) taken
responsibility, pursuant to a relinquishment or termination of
parental rights on a child, (3) taken the responsibility of
supervising a child detained by the juvenile court pursuant to
Section 319 or 636, or (4) signed a voluntary placement agreement for
the child's placement; or to the responsibility designated to an
individual by virtue of his or her being appointed the child's legal
guardian.
(l) "Preplacement preventive services" means services that are
designed to help children remain with their families by preventing or
eliminating the need for removal.
(m) "Relative" means an adult who is related to the child by
blood, adoption, or affinity within the fifth degree of kinship,
including stepparents, stepsiblings, and all relatives whose status
is preceded by the words "great," "great-great," or "grand" or the
spouse of any of these persons even if the marriage was terminated by
death or dissolution.
(n) "Nonrelative extended family member" means an adult caregiver
who has an established familial or mentoring relationship with the
child, as described in Section 362.7.
(o) "Voluntary placement" means an out-of-home placement of a
child by (1) the county welfare department, probation department, or
Indian tribe that has entered into an agreement pursuant to Section
10553.1, after the parents or guardians have requested the assistance
of the county welfare department and have signed a voluntary
placement agreement; or (2) the county welfare department licensed
public or private adoption agency, or the department acting as an
adoption agency, after the parents have requested the assistance of
either the county welfare department, the licensed public or private
adoption agency, or the department acting as an adoption agency for
the purpose of adoption planning, and have signed a voluntary
placement agreement.
(p) "Voluntary placement agreement" means a written agreement
between either the county welfare department, probation department,
or Indian tribe that has entered into an agreement pursuant to
Section 10553.1, licensed public or private adoption agency, or the
department acting as an adoption agency, and the parents or guardians
of a child that specifies, at a minimum, the following:
(1) The legal status of the child.
(2) The rights and obligations of the parents or guardians, the
child, and the agency in which the child is placed.
(q) "Original placement date" means the most recent date on which
the court detained a child and ordered an agency to be responsible
for supervising the child or the date on which an agency assumed
responsibility for a child due to termination of parental rights,
relinquishment, or voluntary placement.
(r) "Transitional housing placement facility" means either of the
following:
(1) A community care facility licensed by the State Department of
Social Services pursuant to Section 1559.110 of the Health and Safety
Code to provide transitional housing opportunities to persons at
least 16 years of age, and not more than 18 years of age unless they
satisfy the requirements of Section 11403, who are in out-of-home
placement under the supervision of the county department of social
services or the county probation department, and who are
participating in an independent living program.
(2) A facility certified to provide transitional housing services
pursuant to subdivision (e) of Section 1559.110 of the Health and
Safety Code.
(s) "Transitional housing placement program" means a program that
provides supervised housing opportunities to eligible youth and
nonminor dependents pursuant to Article 4 (commencing with Section
16522) of Chapter 5 of Part 4.
(t) "Whole family foster home" means a new or existing family
home, approved relative caregiver or nonrelative extended family
member's home, the home of a nonrelated legal guardian whose
guardianship was established pursuant to Section 366.26 or 360,
certified family home that provides foster care for a minor or
nonminor dependent parent and his or her child, and is specifically
recruited and trained to assist the 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 an agreement of consent for placement
in a supervised setting between a minor or, on and after January 1,
2012, a nonminor dependent, and the agency responsible for the foster
care placement, that documents the nonminor's continued need for
supervised out-of-home placement and the nonminor's and social worker'
s or probation officer's agreement to work together to facilitate
implementation of the mutually developed supervised placement
agreement and transitional living plan.
(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 or former dependent child or ward of the juvenile court who
satisfies all of the following criteria:
(1) He or she has attained 18 years of age but is less than 21
years of age.
(2) He or she is in foster care under the responsibility of the
county welfare department, county probation department, or Indian
tribe that entered into an agreement pursuant to Section 10553.1.
(3) He or she is participating in 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 Fostering
Connections to Success and Increasing Adoptions Act of 2008 (Public
Law 110-351).
(w) "Supervised independent living setting" means, on and after
January 1, 2012, a supervised setting, as specified in a nonminor
dependent's transitional independent living case plan, in which the
youth is living independently, pursuant to Section 472(c)(2) of the
Social Security Act (42 U.S.C. Sec. 672(c)(2)).
(x) "THP-Plus Foster Care" means, on and after January 1, 2012, a
placement that offers supervised housing opportunities and supportive
services to eligible nonminor dependents at least 18 years of age,
on and after January 1, 2013, 19 years of age, and on and after
January 1, 2014, 20 years of age, and not more than 21 years of age,
who are in out-of-home placement under the supervision of the county
department of social services or the county probation department or
Indian tribe that entered into an agreement pursuant to Section
10553.1, and who are described in paragraph (3) of subdivision (a) of
Section 11403.2.
(y) "Trial independence" means, on or after January 1, 2012,
consistent with paragraph (e) of Section 1356.21 of Title 45 of the
Code of Federal Regulations, a period not to exceed six months,
unless the juvenile court authorizes a longer period, during which
the court may terminate and subsequently resume the nonminor's
dependency jurisdiction, and the nonminor's Title IV-E foster care
benefits may be resumed if the nonminor otherwise is eligible
pursuant to Section 11403. Operation of this subdivision shall be
contingent upon receipt of all necessary federal approvals.
11400.1. (a) For purposes of this article, "crisis nursery" means a
facility licensed to provide short-term, 24-hour nonmedical
residential care and supervision for children under six years of age
who are either voluntarily placed for temporary care by a parent or
legal guardian due to a family crisis or stressful situation for no
more than 30 days or, except as provided in subdivision (e) of
Section 1516 of the Health and Safety Code, who are temporarily
placed by a county child welfare service agency for no more than 14
days.
(b) This section shall remain in effect only until July 1, 2012,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2012, deletes or extends that date.
11401. Aid in the form of AFDC-FC shall be provided under this
chapter on behalf of any child under 18 years of age, and, on and
after January 1, 2012, to any nonminor dependent, except as provided
in Section 11403, who meets the conditions of subdivision (a), (b),
(c), (d), (e), (f), (g), or (h):
(a) The child has been relinquished, for purposes of adoption, to
a licensed adoption agency, or the department, or the parental rights
of either or both of his or her parents have been terminated after
an action under the Family Code has been brought by a licensed
adoption agency or the department, provided that the licensed
adoption agency or the department, if responsible for placement and
care, provides to those children all services as required by the
department to children in foster care.
(b) The child has been removed from the physical custody of his or
her parent, relative, or guardian as a result of a voluntary
placement agreement or a judicial determination that continuance in
the home would be contrary to the child's welfare and that, if the
child was placed in foster care, reasonable efforts were made,
consistent with Chapter 5 (commencing with Section 16500) of Part 4,
to prevent or eliminate the need for removal of the child from his or
her home and to make it possible for the child to return to his or
her home, and any of the following applies:
(1) The child has been adjudged a dependent child of the court on
the grounds that he or she is a person described by Section 300.
(2) The child has been adjudged a ward of the court on the grounds
that he or she is a person described by Sections 601 and 602.
(3) The child has been detained under a court order, pursuant to
Section 319 or 636, that remains in effect.
(4) The child's dependency jurisdiction has resumed pursuant to
Section 387, or subdivision (a) or (e) of Section 388.
(c) The child has been voluntarily placed by his or her parent or
guardian pursuant to Section 11401.1.
(d) The child is living in the home of a nonrelated legal
guardian.
(e) On and after January 1, 2012, the child is a nonminor
dependent who is placed pursuant to a mutual agreement as set forth
in subdivision (d) of Section 11403, under the responsibility of the
county welfare department, an Indian tribe that entered into an
agreement pursuant to Section 10553.1, or the county probation
department.
(f) The child has been placed in foster care under the federal
Indian Child Welfare Act. Sections 11402, 11404, and 11405 shall not
be construed as limiting payments to Indian children, as defined in
the federal Indian Child Welfare Act, placed in accordance with that
act.
(g) To be eligible for federal financial participation, the
conditions described in paragraph (1), (2), (3), or (4) shall be
satisfied:
(1) (A) The child meets the conditions of subdivision (b).
(B) The child has been deprived of parental support or care for
any of the reasons set forth in Section 11250.
(C) The child has been removed from the home of a relative as
defined in Section 233.90(c)(1) of Title 45 of the Code of Federal
Regulations, as amended.
(D) The requirements of Sections 671 and 672 of Title 42 of the
United States Code, as amended, have been met.
(2) (A) The child meets the requirements of subdivision (h).
(B) The requirements of Sections 671 and 672 of Title 42 of the
United States Code, as amended, have been met.
(C) This paragraph shall be implemented only if federal financial
participation is available for the children described in this
paragraph.
(3) (A) The child has been removed from the custody of his or her
parent, relative, or guardian as a result of a voluntary placement
agreement or a judicial determination that continuance in the home
would be contrary to the child's welfare and that, if the child was
placed in foster care, reasonable efforts were made, consistent with
Chapter 5 (commencing with Section 16500) of Part 4, to prevent or
eliminate the need for removal of the child from his or her home and
to make it possible for the child to return to his or her home, and
any of the following applies:
(i) The child has been adjudged a dependent child of the court on
the grounds that he or she is a person described by Section 300.
(ii) The child has been adjudged a ward of the court on the
grounds that he or she is a person described by Sections 601 and 602.
(iii) The child has been detained under a court order, pursuant to
Section 319 or 636, that remains in effect.
(iv) The child's dependency jurisdiction has resumed pursuant to
Section 387.
(B) The child has been placed in an eligible foster care
placement, as set forth in Section 11402.
(C) The requirements of Sections 671 and 672 of Title 42 of the
United States Code have been satisfied.
(D) This paragraph shall be implemented only if federal financial
participation is available for the children described in this
paragraph.
(4) With respect to a nonminor dependent, in addition to meeting
the conditions specified in paragraph (1), the requirements of
Section 675(8)(B) of Title 42 of the United States Code have been
satisfied.
(h) The child meets all of the following conditions:
(1) The child has been adjudged to be a dependent child or ward of
the court on the grounds that he or she is a person described in
Section 300, 601, or 602.
(2) The child's parent also has been adjudged to be a dependent
child or nonminor dependent of the court on the grounds that he or
she is a person described by Section 300, 601, or 602 and is
receiving benefits under this chapter.
(3) The child is placed in the same licensed or approved foster
care facility in which his or her parent is placed and the child's
parent is receiving reunification services with respect to that
child.
11401.05. The department shall amend the foster care state plan
required under Subtitle IV-E (commencing with Section 470 of the
federal Social Security Act (42 U.S.C. Sec. 670 et seq.)), to extend
benefits under this article, commencing January 1, 2012, to an
individual who is in foster care under the responsibility of the
state, or with respect to whom an adoption assistance agreement or a
kinship guardianship assistance agreement is in effect, in accordance
with the federal Fostering Connections to Success and Increasing
Adoptions Act of 2008 (Public Law 110-351).
11401.1. (a) Otherwise eligible children placed voluntarily prior
to January 1, 1981, may remain eligible for AFDC-FC payments.
(b) Beginning on January 1, 1982, AFDC-FC payments for children
placed voluntarily on or after January 1, 1981, shall be limited to a
period of up to 180 days under conditions specified by departmental
regulations, and may be extended an additional six months pursuant to
Section 16507.3 and departmental regulations.
This section shall become operative on January 1, 1984.
11401.2. AFDC-FC shall be paid to an otherwise eligible child in a
voluntary placement in a demonstration county for a period not to
exceed six months, with a maximum extension of an additional six
months.
11401.4. A child living with his or her parent who is a minor or,
on and after January 1, 2012, a nonminor dependent and a recipient of
AFDC-FC benefits shall be deemed a child with respect to whom
AFDC-FC payments are made.
11401.5. The county shall review the child's or nonminor dependent'
s payment amount annually. The review shall include an examination of
any circumstances of a foster child or nonminor dependent that are
subject to change and could affect the child's or nonminor dependent'
s potential eligibility or payment amount, including, but not limited
to, authority for placement, eligible facility, and age.
11401.6. At the time of determining eligibility for AFDC-FC
payments, the county shall also determine whether the child is
currently in receipt of benefits pursuant to Title II or Title XVI of
the Social Security Act. If so, the county shall apply to become the
child's representative payee, as appropriate, during the time the
child is placed in foster care.
11402. In order to be eligible for AFDC-FC, a child shall be placed
in one of the following:
(a) The approved home of a relative, provided the child is
otherwise eligible for federal financial participation in the AFDC-FC
payment.
(b) (1) The licensed family home of a nonrelative.
(2) The approved home of a nonrelative extended family member as
described in Section 362.7.
(c) A licensed group home, as defined in subdivision (h) of
Section 11400, provided that the placement worker has documented that
the placement is necessary to meet the treatment needs of the child
and that the facility offers those treatment services.
(d) The home of a nonrelated legal guardian or the home of a
former nonrelated legal guardian when the guardianship of a child who
is otherwise eligible for AFDC-FC has been dismissed due to the
child's attaining 18 years of age.
(e) An exclusive-use home.
(f) A licensed transitional housing placement facility, as
described in Section 1559.110 of the Health and Safety Code, and as
defined in subdivision (r) of Section 11400, or a transitional
housing placement program, as defined in subdivision (s) of Section
11400.
(g) An out-of-state group home, provided that the placement
worker, in addition to complying with all other statutory
requirements for placing a minor in an out-of-state group home,
documents that the requirements of Section 7911.1 of the Family Code
have been met.
(h) A licensed crisis nursery, as described in Section 1516 of the
Health and Safety Code, and as defined in subdivision (a) of Section
11400.1.
(i) A supervised independent living setting for nonminor
dependents, as defined in Section 11400.
(j) An approved THP-Plus Foster Care placement for nonminor
dependents, as defined in subdivision (x) of Section 11400.
(k) This section shall remain in effect only until July 1, 2012,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2012, deletes or extends that date.
11402. In order to be eligible for AFDC-FC, a child shall be placed
in one of the following:
(a) The approved home of a relative, provided the child is
otherwise eligible for federal financial participation in the AFDC-FC
payment.
(b) (1) The licensed family home of a nonrelative.
(2) The approved home of a nonrelative extended family member as
described in Section 362.7.
(c) A licensed group home, as defined in subdivision (h) of
Section 11400, provided that the placement worker has documented that
the placement is necessary to meet the treatment needs of the child
and that the facility offers those treatment services.
(d) The home of a nonrelated legal guardian or the home of a
former nonrelated legal guardian when the guardianship of a child who
is otherwise eligible for AFDC-FC has been dismissed due to the
child's attaining 18 years of age.
(e) An exclusive-use home.
(f) A licensed transitional housing placement facility as
described in Section 1559.110 of the Health and Safety Code and as
defined in subdivision (r) of Section 11400, or a transitional
housing placement program, as defined in subdivision (s) of Section
11400.
(g) An out-of-state group home, provided that the placement
worker, in addition to complying with all other statutory
requirements for placing a minor in an out-of-state group home,
documents that the requirements of Section 7911.1 of the Family Code
have been met.
(h) A supervised independent living setting for nonminor
dependents, as defined in Section 11400.
(i) An approved THP-Plus Foster Care placement for nonminor
dependents, as defined in subdivision (x) of Section 11400.
(j) This section shall become operative on July 1, 2012.
11402.1. For purposes of Section 11402, "eligible for federal
financial participation" means that the payment is consistent with an
approved state plan under Sections 671 and following of Title 42 of
the United States Code, authorizing federal financial participation
in the payment. Notwithstanding any other provision of law, until and
unless federal financial participation is obtained, no payment of
AFDC-FC may be made from either state or county funds on behalf of a
child determined to be eligible for AFDC-FC solely as a result of the
decision of the California Court of Appeal in Land v. Anderson
(1997) 55 Cal.App.4th 89.
11402.2. Recognizing that transitions to independence involve
self-initiated changes in placements, it is the intent of the
Legislature that regulations developed regarding the approval of the
supervised independent living setting, as defined in subdivision (w)
of Section 11400, shall ensure continuity of placement and payment
while the nonminor dependent is temporarily absent from an approved
placement while awaiting approval of his or her new supervised
independent living setting.
11402.4. (a) Subject to the conditions set forth in subdivisions
(b) and (c), and notwithstanding any other provision of law, with
respect to an approved home of a relative or nonrelative extended
family member for which an annual visit to ensure the quality of care
provided is pending, the relative or nonrelative extended family
member home's approval shall remain in full force and effect. Payment
to the relative or nonrelative extended family member provider shall
not be delayed or terminated solely due to late completion of the
annual visit to ensure the quality of care provided.
(b) The frequency of required visits to ensure the quality of care
provided shall not be less than the frequency of visits for licensed
foster family homes as specified in paragraph (1) of subdivision (a)
of Section 1534 of the Health and Safety Code. If late completion of
an annual visit occurs, under no circumstances shall the county
visit an approved home of a relative or nonrelative extended family
member less than once every 24 months.
(c) The frequency of required visits to ensure the quality of care
provided shall be subject to state plan approval.
11402.5. (a) The federal government has provided the state the
option of including in its state plan children placed in public child
care institutions. Therefore, notwithstanding Section 11402 and
subject to Section 15200.5, it is the intent of the Legislature that
a child who is otherwise eligible for federal financial participation
in the AFDC-FC payment may be eligible for aid under the provisions
of this chapter when the child is placed in a public child care
institution. Payment under the provisions of this section cannot
exceed 30 days, except as provided in subdivision (b). This provision
is effective only if and during such federal fiscal year when no
restriction, as defined by the department, on federal matching for
AFDC-FC payments exists. Pursuant to this section, the county shall
request reimbursement at the close of the federal fiscal year. As
used in this section, "public child care institution" means a
nondetention facility which has been licensed in accordance with the
Community Care Facilities Act, Chapter 3 (commencing with Section
1500) of Division 2 of the Health and Safety Code, and which has a
licensed capacity not exceeding 25 children.
(b) When a child is hard to place, as defined in departmental
regulations, and when the child is not placed in an emergency
shelter, payment may be made under this section for a period not
exceeding 90 days.
(c) Upon notification from the federal government that the
restrictions on federal matching specified in subdivision (a) do not
exist, the department shall amend the state plan to authorize federal
financial participation to a county or counties operating a public
child care institution with a licensed capacity exceeding 25
children.
(d) For purposes of subdivision (c), "public child care
institution" includes only those facilities that meet all of the
following requirements:
(1) It is temporary shelter care facility, as defined in Section
1530.8 of the Health and Safety Code.
(2) (A) Except as provided in subparagraph (B), it has a licensed
capacity that does not exceed 200 children.
(B) A facility in Orange County may have a licensed capacity of
not more than 236 children.
11402.6. (a) The federal government has provided the state with the
option of including in its state plan children placed in a private
facility operated on a for-profit basis.
(b) For children for whom the county placing agency has exhausted
all other placement options, notwithstanding subdivision (h) of
Section 11400 and subject to Section 15200.5, a child who is
otherwise eligible for federal financial participation in the AFDC-FC
payment shall be eligible for aid under this chapter when the child
is placed in a for-profit child care institution and meets all of the
following criteria, which shall be clearly documented in the county
welfare department case file:
(1) The child has extraordinary and unusual special behavioral or
medical needs that make the child difficult to place, including, but
not limited to, being medically fragile, brittle diabetic, having
severe head injuries, a dual diagnosis of mental illness and
substance abuse or a dual diagnosis of developmental delay and mental
illness.
(2) No other comparable private nonprofit facility or public
licensed residential care home exists in the state that is willing to
accept placement and is capable of meeting the child's extraordinary
special needs.
(3) The county placing agency has demonstrated that no other
alternate placement option exists for the child.
(4) The child has a developmental disability and is eligible for
both federal AFDC-FC payments and for regional center services.
(c) Federal financial participation shall be provided pursuant to
Section 11402 for children described in subdivision (a) subject to
all of the following conditions, which shall be clearly documented in
the county welfare department case file.
(1) The county placing agency enters into a performance-based
placement agreement with the for-profit facility to ensure the
facility is providing services to improve the safety, permanency, and
well-being outcomes of the placed children pursuant to Section
10601.2.
(2) The county placing agency will require the facility to ensure
placement in the child's community to the degree possible to enhance
ongoing connections with the child's family and to promote the
establishment of lifelong connections with committed adults.
(3) The county placing agency monitors and reviews the facility's
outcome performance indicators every six months.
(4) In no event shall federal financial participation in this
placement exceed a 12-month period.
(5) Payments made under this section shall not be made on behalf
of any more than five children in a county at any one time.
(6) Payments made under this section shall be made pursuant to
Sections 4684 and 11464, and only to a group home that is an approved
vendor of a regional center.
(d) This section shall be implemented only during a federal fiscal
year in which the department determines that no restriction on
federal matching AFDC-FC payment exists.
(e) As used in this section, "child care institution" means a
nondetention facility that has been licensed in accordance with the
California Community Care Facilities Act (Chapter 3 (commencing with
Section 1500) of Division 2 of the Health and Safety Code), and that
has a licensed capacity not exceeding 25 children.
(f) The county placing agency shall review and report to the
juvenile court at every six-month case plan update if this placement
remains appropriate and necessary and what the plan is for discharge
to a less restrictive placement.
(g) Notwithstanding subdivision (d) or any other provision of law,
this section shall not be implemented before July 1, 2010.
11402.9. In order to receive funding on behalf of children
receiving AFDC-FC, each group home shall provide a full disclosure of
all financial information related to its operation, including
independent certification of the information provided, in a manner
and format established by the department.
11403. (b) This section shall remain in effect only until January
1, 2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
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 Fostering Connections to
Success and Increasing Adoptions Act of 2008 (Public Law 110-351), to
receive federal financial participation for current or former
dependent children or wards of the juvenile court who meet the
conditions of subdivision (b), consistent with their transitional
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. It is the intent of the
Legislature both at the time of initial determination of the nonminor
dependent's eligibility and throughout the time the nonminor
dependent is eligible for aid pursuant to this section, that the
social worker or probation officer or Indian tribe and the nonminor
dependent shall work together to ensure the nonminor dependent's
ongoing eligibility. All case planning shall be a collaborative
effort between the nonminor dependent and the social worker,
probation officer, or Indian tribe, with the nonminor dependent
assuming increasing levels of responsibility and independence.
(b) A nonminor dependent receiving aid pursuant to this chapter,
who satisfies the age criteria set forth in subdivision (a), shall
continue to receive aid so long as the nonminor has signed a mutual
agreement as set forth in subdivision (d), and is otherwise eligible
for AFDC-FC payments pursuant to Section 11401 or CalWORKs payments
pursuant to Section 11253 or 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 of the juvenile
court who is receiving AFDC-FC benefits pursuant to Section 11405
shall be eligible to continue to receive aid 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, as long as the nonminor is
otherwise eligible for AFDC-FC benefits under this subdivision. This
subdivision shall apply when one or more of the following conditions
exist:
(1) The nonminor is completing secondary education or a program
leading to an equivalent credential.
(2) The nonminor is enrolled in an institution which provides
postsecondary or vocational education.
(3) The nonminor is participating in a program or activity
designed to promote, or remove barriers to employment.
(4) The nonminor is employed for at least 80 hours per month.
(5) The nonminor is incapable of doing any of the activities
described in subparagraphs (1) to (4), inclusive, due to a medical
condition, and that incapability is supported by regularly updated
information in the case plan of the nonminor.
(c) The county child welfare or probation department or Indian
tribe 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 meet one or
more of the conditions described in paragraphs (1) to (5), inclusive,
of subdivision (b) and shall certify the nonminor's applicable
condition or conditions in the nonminor's six-month transitional
independent living case plan update, and provide the certification to
the eligibility worker and to the court at each six-month case plan
review hearing for the nonminor dependent. Relative guardians who
receive Kin-GAP payments and adoptive parents who receive adoption
assistance payments shall be responsible for reporting to the county
welfare agency that the nonminor does not satisfy at least one of the
conditions described in subdivision (b). The social worker,
probation officer, or tribe shall verify and obtain assurances that
the nonminor dependent continues to meet at least one of the
conditions in paragraphs (1) to (5), inclusive, of subdivision (b) at
each six-month transitional independent living case plan update. The
six-month case plan update shall certify the nonminor's eligibility
pursuant to subdivision (b) for the next six-month period. During the
six-month certification period, the payee and nonminor shall report
any change in placement or other relevant changes in circumstances
that may affect payment. The nonminor dependent or a nonminor former
dependent receiving aid pursuant to Section 11405, shall be afforded
all due process requirements in accordance with state and federal law
prior to an involuntary termination of aid. The nonminor dependent
or nonminor former dependent receiving aid pursuant to 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, and the placing worker, in addition to any other payee.
(d) A nonminor dependent may receive all or a portion of the
payment directly provided that the nonminor is living independently
in a supervised setting, and that both the youth and the agency
responsible for the foster care placement have signed a mutual
agreement, as defined in subdivision (u) of Section 11400, if the
youth is capable of making an informed agreement, that documents the
continued need for supervised out-of-home placement, and the nonminor'
s and social worker's or probation officer's agreement to work
together to facilitate implementation of the mutually developed
supervised placement agreement and transitional living plan.
(e) Eligibility for aid under this section shall not terminate
until the nonminor attains 21 years of age but aid may be suspended
and resumed at request of the nonminor pursuant to subdivision (e) of
Section 388 or after a court terminates dependency jurisdiction
pursuant to Section 391, or delinquency jurisdiction pursuant to
Section 785. Consistent with paragraph (e) of Section 1356.21 of
Title 45 of the Code of Federal Regulations, for the nonminor who
returns to supervised placement within the six-month trial period, or
if the court authorized a trial period of departure from foster care
that exceeded six months in duration and ends prior to the day
before the nonminor attains 21 years of age, the county welfare
department is not required to establish a new Title IV-E eligibility
determination for the nonminor for whom dependency jurisdiction is
resumed by the court. The county welfare department, tribe, or county
probation department shall provide a nonminor dependent who wishes
to continue receiving aid with the assistance necessary to meet and
maintain eligibility.
(f) (1) The county having jurisdiction of the nonminor dependent
shall remain the county of payment under this section regardless of
the youth's physical residence. Nonminor dependents receiving aid
pursuant to 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 youth's transitional independent living
case plan. Placements made out of state are subject to the
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, tribe, or county probation
department 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) Aid under this section shall be paid on the first of the month
for that month. Notwithstanding any other provision of law, when a
child attains 18 years of age those payments shall continue to the
end of that calendar month and the AFDC-FC, Kin-GAP, or AAP payments
under this section shall begin the first day of the following month.
(4) 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 contribute to 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, CalWORKs payments pursuant to Section 11253, 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, and aid pursuant to Section 11405 for nonminor dependents
who are residing in the county as provided in paragraph (1) of
subdivision (f), at the statutory sharing ratios for each of these
programs in effect on January 1, 2012.
(2) Subject to paragraph (3), a county shall contribute to 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 at the statutory sharing ratio for these services in
effect on January 1, 2012. 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) Notwithstanding any other provision of law, a county's total
contribution pursuant to paragraphs (1) and (2) shall not exceed the
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). The department shall
work with the County Welfare Directors Association to determine a
methodology for calculating each county's costs and savings pursuant
to this section.
(h) It is the intent of the Legislature that no county currently
participating in the Child Welfare Demonstration Capped Allocation
Project be adversely impacted by the department's exercise of its
option to extend foster care benefits pursuant to Section 673(a)(4)
and Section 675(8) of Title 42 of the United States Code in the
federal Social Security Act, as contained in the 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, 2012, 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 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.
(k) Notwithstanding any other provision of law, the extension of
benefits to nonminor dependents between 20 and 21 years of age, as
provided for in this section, shall be contingent upon an
appropriation by the Legislature.
(l) This section shall become operative on January 1, 2012.
11403.1. (a) (1) The Legislature finds and declares that former
foster youth are a vulnerable population at risk of homelessness,
unemployment, welfare dependency, incarceration, and other adverse
outcomes if they exit the foster care system unprepared to become
self-sufficient. Unlike many young individuals 18 years of age who
can depend on family for ongoing support while they complete
postsecondary education or develop career opportunities, emancipating
foster youth have their primary source of support, AFDC-Foster Care
payments, terminated at 18 years of age and are then dependent on
their own resources for self-support. Some foster youth are not able
to complete high school or other education or training programs due
to ongoing trauma from the parental abuse or neglect and gaps in
their educational attainment stemming from the original removal and
subsequent changes in placement.
(2) Completion of an educational or training program is an
essential, minimum skill needed by foster youth in order to be
competitive in today's economy.
(3) It is therefore the intent of the Legislature to create, for
counties that opt to participate, the Supportive Transitional
Emancipation Program (STEP) in which emancipated foster youth shall
be eligible to receive support while participating in an educational
or training program, or any activity consistent with their
transitional independent living plan up to 21 years of age.
(b) A person who meets all of the following conditions shall be
eligible to receive aid under this section:
(1) The person either was in foster care and emancipated upon
reaching the age limitations specified in Section 11401 or received
aid pursuant to Kin-GAP under Article 4.5 (commencing with Section
11360) and emancipated upon reaching the age limitations specified in
Section 11363.
(2) The person is participating in an educational or training
program, or any activity consistent with his or her transitional
independent living plan.
(3) The person is under 21 years of age.
(4) The person has emancipated from a county that is participating
in the STEP program.
(c) Aid under this section shall be provided pursuant to a
transitional independent living plan mutually agreed upon by the
emancipated foster youth and the county welfare or probation
department or independent living program coordinator, which shall be
reviewed annually. The youth participating in STEP has the
responsibility to inform the county of changes to the conditions in
the agreed-upon plan that affect payment of aid, including changes in
address, living circumstances, and the educational or training
program.
(d) For purposes of this section, "emancipated foster youth" means
a person who meets the eligibility criteria in subdivision (b).
(e) (1) In determining the amount of aid under this section, the
rate provided to the youth shall be equivalent to the basic rate
provided to a foster family home provider pursuant to Section 11461.
(2) If the emancipated youth remains in placement, payment shall
be made to the care provider, including a transitional housing
placement program, at a rate equivalent to the basic rate provided to
a foster family home provider pursuant to Section 11461.
(f) Unless otherwise provided by federal law, receipt of aid under
this section shall not be considered income either for purposes of
eligibility for services provided in other federal or state programs,
or for grants that may be provided by an institution of higher
education, including, but not limited to, Cal Grants or other grants
or fee waivers.
(g) (1) Aid under this section shall be provided to eligible youth
who have emancipated from a county that elects to participate under
this section.
(2) Each participating county welfare department shall notify all
foster youth in that county, including those receiving Kin-GAP, ages
16 to 19 years, inclusive, of the existence of the program prescribed
by this section.
(h) The department shall seek any federal funds available for
implementation of this section, including, but not limited to, funds
available under Title IV of the Social Security Act (42 U.S.C. Sec.
601 et seq.). Implementation of this section shall not, however, be
contingent upon receipt of any federal funding. The department shall
seek any waiver from the Secretary of the United States Department of
Health and Human Services that is necessary to implement this
section.
(i) Funding shall be subject to the sharing ratios specified in
subdivision (c) of Section 15200.
(j) This section shall be implemented only to the extent funds are
appropriated for that purpose in the annual Budget Act.
(k) This section shall be operative on January 1, 2002.
11403.2. (a) The following persons shall be eligible for
transitional housing placement program services provided pursuant to
Article 4 (commencing with Section 16522) of Chapter 5 of Part 4:
(1) Any minor at least 16 years of age and not more than 18 years
of age, and, on or after January 1, 2012, any nonminor dependent who
is less than 21 years of age, who is eligible for AFDC-FC benefits as
provided in subdivision (b) of Section 11403, and who also meets the
requirements in Section 16522.2.
(2) Any person less than 24 years of age who has emancipated from
a county that has elected to participate in a transitional housing
placement program for youths who are at least 18 years of age and
under 24 years of age, as described in subdivision (r) of Section
11400, provided he or she has not received services under this
paragraph for more than a total of 24 months, whether or not
consecutive. If the person participating in a transitional housing
placement program is not receiving aid under Section 11403.1, he or
she, as a condition of participation, shall enter into, and execute
the provisions of, a transitional independent living plan that shall
be mutually agreed upon, and annually reviewed, by the emancipated
foster youth and the county welfare or probation department or
independent living program coordinator. The youth participating under
this paragraph shall inform the county of any changes to conditions
specified in the agreed-upon plan that affect eligibility, including
changes in address, living circumstances, and the educational or
training program.
(3) It is the intent of the Legislature to create a new placement
option, known as THP-Plus-Foster Care. On and after January 1, 2012,
THP-Plus-Foster Care, as described in subdivision (x) of Section
11400, is an eligible facility for purposes of AFDC-FC payments for
placement of nonminor dependents, and shall offer the same housing
models and supportive services as are available through the standard
THP-Plus program available to emancipated foster youths pursuant to
paragraph (2). In creating the new THP-Plus-Foster Care placement
option, it is the intent of the Legislature to preserve the THP-Plus
program, as it is described in subdivision (e) of Section 1559.110 of
the Health and Safety Code, for former emancipated foster youth who
have attained 21 years of age, but are under 24 years of age, and for
former emancipated foster youth who have attained 18 years of age
but are under 21 years of age, whose dependency or delinquency
jurisdiction has been terminated by the court, and for whom reentry
into foster care under subdivision (e) of Section 388 is not an
appropriate or viable option.
(4) On and after January 1, 2012, any nonminor dependent at least
18 years of age, and on January 1, 2013, 19 years of age, and on
January 1, 2014, 20 years of age, and not more than 21 years of age,
as described in subdivision (v) of Section 11400, pursuant to
subdivision (x) of Section 11400, and who is eligible pursuant to
subdivision (b) of Section 11403.
(b) Payment on behalf of an eligible person receiving transitional
housing services pursuant to paragraph (1) of subdivision (a) shall
be made to the transitional housing placement program pursuant to the
conditions and limitations set forth in Section 11403.3.
Notwithstanding Section 11403.3, the department, 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, researchers, and transitional housing
program providers, shall convene a workgroup to establish a new rate
structure for the Title IV-E funded THP-Plus-Foster Care placement
option for nonminor dependents. The workgroup shall also consider
application of this new rate structure to the transitional housing
placement program, as described in paragraph (2) of subdivision (a)
of Section 11403.3. In developing the new rate structure pursuant to
this subdivision, the department shall consider the average rates in
effect and being paid by counties to current transitional housing
placement programs.
(c) On and after January 1, 2012, with respect to nonminor
dependents under 21 years of age, the approval standards for these
legal adults placed in the THP-Plus-Foster Care shall be developed in
accordance with Section 1502.7 of the Health and Safety Code. When
developing regulations for the THP-Plus programs, the department
shall consider the development of an application fee process for the
programs, similar to the fee schedule as described in Section 1523.1
of the Health and Safety Code. An approved THP-Plus program shall
certify facilities or sites to provide transitional housing services
to nonminor dependents pursuant to subdivision (e) of Section
1559.110 of the Health and Safety Code.
(d) (1) For budgeting purposes, and to achieve the intent of the
Legislature as described in paragraph (3) of subdivision (a), the
department, in consultation with stakeholders and pursuant to
subdivision (c) of Section 11403.3, shall allocate 70 percent of the
amount payable to placements of nonminor dependents under the
THP-Plus-Foster Care program. The remaining 30 percent of the amount
payable shall be available for THP-Plus placement for both those
former emancipated foster youth who have attained 21 years of age,
but are under 24 years of age, and for former emancipated foster
youth who have attained 18 years of age but who are under 21 years of
age, whose dependency or delinquency jurisdiction has been
terminated by the court, and for whom reentry into foster care under
subdivision (e) of Section 388 is not an appropriate or viable
option.
(2) Each county shall submit to the department a plan that sets
forth how the county will provide for the THP-Plus-Foster Care
population, as well as assurances that up to 30 percent of the
placements will be set aside for the THP-Plus population. The county
plan shall also include a contingency for how THP-Plus placements
will be reallocated in the event that there is not sufficient demand
in either the THP-Plus-Foster Care Program or the THP-Plus programs
to fill the beds allocated for these populations.
11403.3. (a) (1) Subject to subdivision (b), a transitional housing
placement program, as defined in Section 11400, that provides
transitional housing services to an eligible youth in a facility
licensed pursuant to subdivision (a) of Section 1559.110 of the
Health and Safety Code, shall be paid a monthly rate that is 75
percent of the average foster care expenditures for foster youth 16
to 18 years of age, inclusive, in group home care in the county in
which the program operates.
(2) Subject to subdivision (c), a transitional housing placement
program, as defined in Section 11400, that provides transitional
housing services to an eligible youth in a facility certified
pursuant to subdivision (e) of Section 1559.110 of the Health and
Safety Code, shall be paid a monthly rate that is 70 percent of the
average foster care expenditures for foster youth 16 to 18 years of
age, inclusive, in group home care in the county in which the program
operates.
(b) Payment to a transitional housing placement program for
transitional housing services provided to a person described in
paragraph (1) of subdivision (a) of Section 11403.2 shall be subject
to the following conditions:
(1) An amount equal to the base rate, as defined in subdivision
(d), shall be paid for transitional housing services provided.
(2) Any additional amount payable pursuant to subdivision (a)
shall be contingent on both of the following:
(A) The availability of moneys in the Transitional Housing for
Foster Youth Fund established in Section 11403.4, or appropriated for
this purpose in the annual Budget Act for the cost of the program,
to pay the state share of cost of the additional amount.
(B) Election by the county placing the youth in the transitional
housing placement program to participate in the costs of the
additional amount, pursuant to subdivision (g).
(c) (1) Payment to a transitional housing placement program for
transitional housing services provided pursuant to paragraph (2) of
subdivision (a) of Section 11403.2 shall be subject to the following
conditions:
(A) Any Supportive Transitional Emancipation Program (STEP)
payment payable pursuant to Section 11403.1 shall be paid for
transitional housing services provided.
(B) Any amount payable pursuant to subdivision (a) to a
transitional housing placement program for services provided to a
person described in paragraph (2) of subdivision (a) of Section
11403.2 shall be paid contingent on the availability of moneys
appropriated for this purpose in the annual Budget Act for the cost
of the program.
(2) The department may limit new participants into transitional
housing placement programs if costs for this subdivision are
projected to exceed moneys appropriated for this purpose in the
annual Budget Act.
(d) (1) As used in this section, "base rate" means the rate a
transitional housing placement program was approved to receive on
June 30, 2001. If a program commences operation after this date, the
base rate shall be the rate the program would have received if it had
been operational on June 30, 2001.
(2) Notwithstanding subdivision (a), no transitional housing
placement program with an approved rate on July 1, 2001, shall
receive a lower rate than its base rate.
(e) Any reductions in payments to a transitional housing placement
program pursuant to the implementation of paragraph (2) of
subdivision (b) or subparagraph (B) of paragraph (1) of subdivision
(c) shall not preclude the program from acquiring from other sources,
additional funding necessary to provide program services.
(f) The department shall develop, implement, and maintain a
ratesetting system schedule for transitional housing placement
programs pursuant to subdivisions (a) to (d), inclusive.
(g) (1) Funding for the rates payable under this section for
persons described in paragraph (1) of subdivision (a) of Section
11403.2 shall be subject to a sharing ratio of 40 percent state and
60 percent county share of nonfederal funds.
(2) Funding for the rates payable under this section for persons
described in paragraph (2) of subdivision (a) of Section 11403.2
shall be subject to a sharing ratio of 100 percent state and 0
percent county funds.
11403.4. (a) The Transitional Housing for Foster Youth Fund is
hereby created in the State Treasury for the purposes specified in
this section.
(b) Except as otherwise limited by this section, the fund shall
consist of all of the following:
(1) All public moneys transferred into the fund.
(2) Any interest that accrues on amounts in the fund.
(c) All moneys in the fund shall be used for the purpose of costs
incurred pursuant to paragraph (2) of subdivision (b) or subparagraph
(B) of paragraph (1) of subdivision (c) of Section 11403.3.
(d) Notwithstanding Section 13340 of the Government Code, moneys
in the fund are continuously appropriated, without regard to fiscal
years, for the purposes specified in subdivision (c).
11404. (a) Except as provided in Section 11405, a child is not
eligible for AFDC-FC unless responsibility for placement and care of
the child is with the county welfare department or Indian tribe that
entered into an agreement pursuant to Section 10553.1, the county
probation department which has an agreement with the county welfare
department, or a licensed public adoption agency, licensed private
adoption agency, or the department.
(b) In order for the child to be eligible for AFDC-FC, the agency
with responsibility for the child's placement and care shall, in
accordance with departmental regulations do all of the following:
(1) For children removed after October 1, 1983, document that it
provided preplacement preventive services to the child prior to the
child's placement in foster care, and document why provisions of
these services were not successful in maintaining the child in his or
her home, unless it is documented that these services were not
provided due to either of the following:
(A) The voluntary relinquishment of the child by one or both
parents or court action declaring a child free from the custody and
control o
