Minors and nonminor dependents: out-of-home placement.

Existing law, the California Fostering Connections to Success Act, revises and expands the scope of various programs relating to the provision of cash assistance and other services to and for the benefit of certain foster and adopted children, and other children who have been placed in out-of-home care, including children who receive Aid to Families with Dependent Children-Foster Care (AFDC-FC) , Adoption Assistance Program, California Work Opportunity and Responsibility to Kids (CalWORKs) , and Kinship Guardianship Assistance Payment Program (Kin-GAP) benefits. Among other provisions, the act extends specified foster care benefits to youth up to 19, 20, and 21 years of age, described as nonminor dependents, if specified conditions are met, commencing January 1, 2012. This bill also would make a nonminor dependent who has been receiving specified aid, as described above, between January 1, 2012, and December 31, 2012, and who attains 19 years of age prior to January 1, 2013, eligible to continue to receive that aid, notwithstanding the age limitations in existing law, provided that the nonminor dependent continues to meet all other applicable eligibility requirements. This bill would impose a state-mandated local program by increasing county duties. This bill would extend the date by which the State Department of Social Services is required to develop certain regulations to implement the extension of the above-described benefits to nonminor dependents, from July 1, 2012, to July 1, 2013. This bill would provide that a nonminor former dependent or ward, as defined, is eligible for AFDC-FC benefits up to 21 years of age if specified conditions are met. Existing law, the California Community Care Facilities Act, provides for the licensure and regulation of various community care facilities, as defined. Violation of the act is a misdemeanor. Existing law defines Transitional Housing Placement Plus (THP-Plus) Foster Care as a placement that offers supervised housing opportunities and supportive services to eligible nonminor dependents, as specified. Existing law excludes THP-Plus Foster Care from the definition of a community care facility. This bill would include THP-Plus Foster Care within the definition of a community care facility for purposes of the Community Care Facilities Act. By expanding application of the act, this bill would expand the scope of an existing crime, thus imposing a state-mandated local program. The bill would delete existing separate fingerprinting requirements applicable to THP-Plus Foster Care providers, making those providers subject to the background check information generally applicable to community care facilities. Existing law determines the county of residence of a minor child, as specified. This bill would determine the county of residence of a nonminor dependent under the original or resumed dependency jurisdiction or transition jurisdiction of the juvenile court. Existing law requires the Judicial Council to establish a court-appointed special advocate (CASA) program, pursuant to which volunteer CASAs provide designated services and support to children under the jurisdiction of the juvenile court. This bill would make nonminor dependents eligible for the CASA program. Existing law authorizes payment of CalWORKs aid to a nonminor dependent placed in the approved home of a relative, as specified, if the nonminor dependent is involved in certain educational or employment activities. This bill would authorize the CalWORKs payments described above to be made out of state when the nonminor dependent is placed in the approved home of a relative who resides in another state. By increasing county duties, this bill would impose a state-mandated local program. This bill would revise the provisions relating to state-funded and federally funded Kin-GAP payments, and would make Kin-GAP and Adoption Assistance Program payments for nonminor former dependents between 20 and 21 years of age contingent upon appropriations by the Legislature. The bill would expand the definition of a relative for purposes of the federally funded Kin-GAP program. The bill also would revise various definitions applicable to the AFDC-FC program relating to nonminor dependents and transitional housing services. The bill would specify that certain health and education information required to be provided for a foster child would only be provided with respect to a nonminor dependent with his or her written consent. This bill would extend access to public health nursing services under the statewide child welfare services program, and designated placement services and family reunification services to nonminor dependents, as specified. By increasing duties of county welfare departments, the bill would impose a state-mandated local program. Existing law requires a court that continues dependency jurisdiction with respect to a nonminor dependent to order development of a planned permanent living arrangement, under a mutual agreement, as defined. This bill would revise the definition of mutual agreement, by specifying the criteria of these agreements applicable to nonminor dependents, and nonminor former dependents and wards, who are in receipt of Kin-GAP and AFDC-FC payments, respectively. The bill also would make conforming changes to related provisions and definitions. Existing law provides that the extension of AAP benefits to nonminor or former dependents between 20 and 21 years of age is contingent upon an appropriation by the Legislature. This bill would delete that contingency. To the extent that it would increase the duties of county placing agencies, the bill would impose a state mandated local program. This bill would expand certain provisions relating to proceedings of the juvenile court to include nonminor dependents, and would make related changes. Existing law requires the social worker or probation officer to give notice of review hearings in specified dependency proceedings to certain individuals, including the child, any known siblings of the child, and the child's caregiver. Under existing law, a child's caregiver may attend the review hearings and submit any relevant written information to the court. This bill would require the social worker or probation officer to give notice of review hearings and termination of jurisdiction hearings in specified dependency proceedings to a nonminor dependent, any known siblings of the nonminor dependent, and the current caregiver of the nonminor dependent. Additionally, the bill would authorize the caregiver of the nonminor dependent to attend the hearings and to submit relevant written information for filing and distribution to the parties and attorneys. By imposing new duties on social workers and probation officers, this bill would impose a state-mandated local program. Under existing law, the juvenile court may retain jurisdiction over a dependent child until the dependent child is 21 years of age. Existing law further provides that the juvenile court's jurisdiction includes nonminor dependents. Under existing law, the juvenile court may terminate dependency, delinquency, or transition jurisdiction over a nonminor dependent while the nonminor dependent is between 18 and 21 years of age. The juvenile court retains general jurisdiction over a nonminor dependent for purposes of a petition to modify a dependency court order. This bill would authorize the dependency court to order adult adoption as the permanent plan for a nonminor dependent, and to terminate its jurisdiction over a nonminor dependent following a final adult adoption. The bill would further authorize court-ordered family reunification services to continue for a nonminor dependent who attains 18 years of age during the review hearing time period until the next 6-month review hearing, if all parties agree that family reunification is in the best interests of the nonminor dependent and that there is a substantial probability that the nonminor dependent will be returned home at or before the next review hearing. This bill would provide that the provision of these services would not affect the nonminor dependant's eligibility for extended foster care benefits. This bill would also make clarifying changes to reflect that the dependency court may retain jurisdiction over a nonminor in long-term foster care or a planned permanent living arrangement as a nonminor dependent. Existing law governs the placement of children who are or who may be Indian children, as specified. Existing law provides for tribal customary adoption as one placement option for Indian children in dependency proceedings. Additionally, existing law prohibits a dependency court from holding a hearing to terminate parental rights for a nonminor dependent. This bill would clarify that a dependency court may order tribal customary adoption as the permanent plan for a nonminor dependent who is an Indian child. Additionally, the bill would permit the dependency court to hold a hearing to terminate parental rights for a nonminor dependent who is an Indian child if tribal customary adoption is the permanent plan. Existing law requires county child welfare departments to determine whether, in specified dependency cases, it is in the best interests of the child or nonminor to have the case referred to the local child support agency for child support services. Existing law specifies that a nonminor dependent over 19 years of age is not a child for purposes of referral to the local child support agency. This bill would provide that a minor or nonminor dependent who has a minor child placed in the same facility is not a parent for purposes of referral to the local child support agency for collection or enforcement of child support. The bill would also clarify that these provisions apply in the case of voluntary placements and minor children placed with a minor or nonminor dependent parent. Existing law imposes parental liability for the cost of the care, support, and maintenance of a child in a county institution or other placement following a juvenile court order removing the child from the home or voluntary placement of the child in out-of-home care by the parent under specified circumstances. Under existing law, the local child support agency may petition the court for an order to show cause to recover those costs, unless the agency determines that it would not be appropriate or cost effective to do so. This bill would provide that a nonminor dependent who is a custodial or noncustodial parent of a child in a foster care placement, including voluntary foster care placement, is not financially liable for the cost of the care, support, and maintenance of the child. Funds are continuously appropriated from the General Fund to defray a portion of the state's share of costs under the CalWORKs program, the AFDC-FC program, and for the placement of hard-to-place adoptive children. This bill would instead, provide that the continuous appropriation would not be made for purposes of implementing the bill. This bill would authorize the State Department of Social Services to implement the bill by all-county letters or similar instructions, pending the adoption of regulations. The bill would require the department to consult with concerned stakeholders, as specified, in developing the regulations. This bill would incorporate additional changes in Section 11170 of the Penal Code proposed by AB 1707, to be operative only if AB 1707 and this bill are both chaptered and become effective January 1, 2013, and this bill is chaptered last. This bill would incorporate additional changes in Sections 317 and 16010 of the Welfare and Institutions Code proposed by AB 1909, to be operative only if AB 1909 and this bill are both chaptered and become effective January 1, 2013, and this bill is chaptered last. This bill would incorporate additional changes in Section 361 of the Welfare and Institutions Code proposed by SB 1064 and AB 2060 that would become operative only if either or both of these bills are chaptered and become effective on or before January 1, 2013, and this bill is chaptered last. This bill would incorporate additional changes in Sections 361.5 and 16501.1 of the Welfare and Institutions Code proposed by SB 1064 and SB 1521 that would become operative only if either or both of these bills are chaptered and become effective on or before January 1, 2013, and this bill is chaptered last. This bill would incorporate additional changes in Section 366 of the Welfare and Institutions Code proposed by AB 2209, to be operative only if AB 2209 and this bill are both chaptered and become effective January 1, 2013, and this bill is chaptered last. This bill would incorporate additional changes in Sections 366.21, 366.22, and 366.25 of the Welfare and Institutions Code proposed by SB 1064 and AB 2292 that would become operative only if either or both of these bills are chaptered and become effective on or before January 1, 2013, and this bill is chaptered last. This bill would incorporate additional changes in Section 388 of the Welfare and Institutions Code proposed by SB 1064, to be operative only if SB 1064 and this bill are both chaptered and become effective January 1, 2013, and this bill is chaptered last. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.