Bill Text: CA AB1838 | 2015-2016 | Regular Session | Amended

California Assembly Bill 1838 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Foster care: infant supplement.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Vetoed) 2016-09-25 - Vetoed by Governor. [AB1838 Detail]

Download: California-2015-AB1838-Amended.html

BILL NUMBER: AB 1838	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 16, 2016

INTRODUCED BY   Assembly Members Ting and Bonta

                        FEBRUARY 9, 2016

   An act to amend Section 11465 of the Welfare and Institutions
Code, relating to foster children.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1838, as amended, Ting. Foster care: infant supplement.
   Existing law establishes the Aid to Families with Dependent
Children-Foster Care (AFDC-FC) program, under which counties provide
payments to foster care providers on behalf of qualified children in
foster care. Existing law establishes a schedule of basic rates to be
paid for the care and supervision of each foster child. Existing law
also establishes the Kinship Guardianship Assistance Payment Program
(Kin-GAP), which provides aid on behalf of eligible children who are
placed in the home of a relative caretaker. Existing law prohibits
the rate paid under the Kin-GAP program from exceeding the basic
foster family home rate paid to caregivers under the AFDC-FC program.

   Existing law requires, when a child is living with a parent who
receives AFDC-FC or Kin-GAP benefits, that the rate paid to the
foster care provider on behalf of the parent include an additional
amount, known as an infant supplement, for the care and supervision
of the child. Existing law requires the State Department of Social
Services to adopt a uniform rate for the infant supplement for each
category of eligible licensed community care facility. Existing law
also requires that the infant supplement payment for a child living
with a teen parent in a whole family foster home be equal to the
basic foster family home rate.
   This bill would require that the infant supplement payment be
equal to the basic foster family home rate  for any child living
with a  dependent or nonminor depende   nt  parent
 who   whose caretaker  receives 
AFDC-FC or Kin-GAP benefits be equal to the basic foster family home
rate.   AFDC-FC, Kin-Gap, or Approved Relative Caregiver
Funding Option Program benefits. The bill would require the
department to adopt regulations by July 1, 2017, setting forth new
infant supplement rates for a child in a group home placement,
short-term residential treatment facility, or in THP-Plus Foster
Care.  The bill would also make a pregnant minor or nonminor
dependent eligible for the infant supplement for a specified period
before the expected date of birth, subject to a verification of
pregnancy. Because counties would administer these extended benefits,
this bill would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11465 of the Welfare and Institutions Code is
amended to read:
   11465.  (a)  (1)    When a child is living with
a  dependent or nonminor dependent  parent  who
receives   and the caretaker receives  AFDC-FC or
Kin-GAP benefits,  or benefits pursuant to Section 11461.3, on
behalf of the parent,  the rate  paid to the provider on
behalf of the parent  shall include  a supplement for
the care and supervision of each child in  an amount equal to
the basic rate for children placed in a licensed or approved home as
specified in  subdivisionS   subdivisions 
(a) to (d), inclusive, and subdivision (g), of Section 11461. 
   (2) The rate paid to a nonminor dependent parent residing in a
supervised independent living placement, as defined in subdivision
(w) of Section 11400, shall include the supplement described in
paragraph (1).  
   (3) On or before July 1, 2017, the department shall adopt
regulations setting forth new supplement rates to cover the cost of
the care and supervision of a child who is living with a parent in a
group home placement, short-term residential treatment facility, or
in THP-Plus Foster Care.
   (b) (1) The caregiver for a minor or nonminor dependent living in
a whole family foster home, as defined in Section 11400, shall
provide the county child welfare agency or probation department with
a copy of the shared responsibility plan developed pursuant to
Section 16501.25 and shall advise the county child welfare agency or
probation department of any subsequent changes to the plan. Once the
plan has been completed and provided to the appropriate agencies, the
payment made pursuant to this section shall be increased by an
additional two hundred dollars ($200) per month to reflect the
increased care and supervision while he or she is placed in the whole
family foster home.
   (2) A nonminor dependent parent residing in a supervised
independent living placement, as defined in subdivision (w) of
Section 11400, who develops a written parenting support plan pursuant
to Section  16501.26   16501.26,  shall
provide the county child welfare agency or probation department with
a copy of the plan and shall advise the county child welfare agency
or probation department of any subsequent changes to the plan. The
payment made pursuant to this section shall be increased by an
additional two hundred dollars ($200) per month after all of the
following have been satisfied:
   (A) The plan has been completed and provided to the appropriate
county agency.
   (B) The plan has been approved by the appropriate county agency.
   (C) The county agency has determined that the identified
responsible adult meets the criteria specified in Section 16501.27.

   (c) 
    (3)  A Kin-GAP relative who, immediately prior to
entering the Kin-GAP program, was designated as a whole family foster
home shall receive the same payment amounts for the care and
supervision of a child who is living with a teen parent they received
in foster care as a whole family foster home. 
   (d) 
    (c)  The rate paid for a pregnant minor or nonminor
dependent, for the month in which the birth is anticipated and for
the six-month period immediately prior to the month in which the
birth is anticipated, shall include the amount that would otherwise
be paid to cover the care and supervision of a child, if born, under
this section. Any amount paid pursuant to this subdivision shall be
used to meet the specialized needs of the pregnant minor or nonminor
dependent and to properly prepare for the needs of the infant.
Verification of pregnancy is a condition of eligibility for aid under
this subdivision.
  SEC. 2.  To the extent that this act has an overall effect of
increasing the costs already borne by a local agency for programs or
levels of service mandated by the 2011 Realignment Legislation within
the meaning of Section 36 of Article XIII of the California
Constitution, it shall apply to local agencies only to the extent
that the state provides annual funding for the cost increase. Any new
program or higher level of service provided by a local agency
pursuant to this act above the level for which funding has been
provided shall not require a subvention of funds by the state nor
otherwise be subject to Section 6 of Article XIII B of the California
Constitution.