Bill Text: CA AB346 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Runaway and homeless youth shelters.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-10-02 - Chaptered by Secretary of State - Chapter 485, Statutes of 2013. [AB346 Detail]
Download: California-2013-AB346-Amended.html
Bill Title: Runaway and homeless youth shelters.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-10-02 - Chaptered by Secretary of State - Chapter 485, Statutes of 2013. [AB346 Detail]
Download: California-2013-AB346-Amended.html
BILL NUMBER: AB 346 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 6, 2013
AMENDED IN SENATE AUGUST 20, 2013
AMENDED IN SENATE JUNE 14, 2013
AMENDED IN ASSEMBLY APRIL 1, 2013
INTRODUCED BY Assembly Member Stone
FEBRUARY 13, 2013
An act to amend Section 1502 of, and to add Section 1502.35 to,
the Health and Safety Code, and to amend Sections 319, 361.2, 450,
727, 11400, and 11402 of the Welfare and Institutions Code, relating
to community care facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 346, as amended, Stone. Runaway and homeless youth shelters.
Existing law, the California Community Care Facilities Act,
provides for the licensing and regulation of community care
facilities, as defined, by the State Department of Social Services. A
violation of the act is a misdemeanor.
This bill would include within the definition of a community care
facility a runaway and homeless youth shelter, as defined. The bill
would require the department to license as a group home a runaway and
homeless youth shelter that meets specified requirements, including
the requirement that shelter staff shall offer short-term, 24-hour
nonmedical care and supervision and personal services to up to 25
youths who voluntarily enter the shelter. The bill would provide that
a runaway and homeless youth shelter is not an eligible placement
option under specified provisions. The bill would require the
department to adopt regulations to implement these provisions and
provide that, until those regulations become effective, the
department may implement these provisions by publishing information
releases or similar instructions from the director.
By expanding the definition of a community care facility, this
bill would change the definition of an existing crime, thus creating
a state-mandated local program.
Existing law provides for 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 requires a child or nonminor dependent to
be placed in a specified placement in order to be eligible for
AFDC-FC. Under existing law, foster care providers licensed as group
homes have rates established by classifying each group home program
and applying a standardized schedule of rates.
This bill would exclude a runaway and homeless youth shelter as a
group home in which a child or nonminor dependent may be placed for
AFDC-FC eligibility purposes. The bill would also prohibit a runaway
and homeless youth shelter program from being eligible for a rate
pursuant to the above-mentioned provisions.
This bill would incorporate additional changes in Sections 727 and
11400 of the Welfare and Institutions Code proposed by AB 787, to
become operative if AB 787 and this bill become effective on or
before January 1, 2015, 2014, and this
bill is enacted 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.
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 1502 of the Health and Safety Code is amended
to read:
1502. As used in this chapter:
(a) "Community care facility" means any facility, place, or
building that is maintained and operated to provide nonmedical
residential care, day treatment, adult day care, or foster family
agency services for children, adults, or children and adults,
including, but not limited to, the physically handicapped, mentally
impaired, incompetent persons, and abused or neglected children, and
includes the following:
(1) "Residential facility" means any family home, group care
facility, or similar facility determined by the director, for 24-hour
nonmedical care of persons in need of personal services,
supervision, or assistance essential for sustaining the activities of
daily living or for the protection of the individual.
(2) "Adult day program" means any community-based facility or
program that provides care to persons 18 years of age or older in
need of personal services, supervision, or assistance essential for
sustaining the activities of daily living or for the protection of
these individuals on less than a 24-hour basis.
(3) "Therapeutic day services facility" means any facility that
provides nonmedical care, counseling, educational or vocational
support, or social rehabilitation services on less than a 24-hour
basis to persons under 18 years of age who would otherwise be placed
in foster care or who are returning to families from foster care.
Program standards for these facilities shall be developed by the
department, pursuant to Section 1530, in consultation with
therapeutic day services and foster care providers.
(4) "Foster family agency" means any 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.
(5) "Foster family home" means any residential facility providing
24-hour care for six or fewer foster children that is owned, leased,
or rented and is the residence of the foster parent or parents,
including their family, in whose care the foster children have been
placed. The placement may be by a public or private child placement
agency or by a court order, or by voluntary placement by a parent,
parents, or guardian. It also means a foster family home described in
Section 1505.2.
(6) "Small family home" means any residential facility, in the
licensee's family residence, that 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. A small family home may accept
children with special health care needs, pursuant to subdivision (a)
of Section 17710 of the Welfare and Institutions Code. In addition to
placing children with special health care needs, the department may
approve placement of children without special health care needs, up
to the licensed capacity.
(7) "Social rehabilitation facility" means any residential
facility that provides social rehabilitation services for no longer
than 18 months in a group setting to adults recovering from mental
illness who temporarily need assistance, guidance, or counseling.
Program components shall be subject to program standards pursuant to
Article 1 (commencing with Section 5670) of Chapter 2.5 of Part 2 of
Division 5 of the Welfare and Institutions Code.
(8) "Community treatment facility" means any residential facility
that provides mental health treatment services to children in a group
setting and that has the capacity to provide secure containment.
Program components shall be subject to program standards developed
and enforced by the State Department of Health Care Services pursuant
to Section 4094 of the Welfare and Institutions Code.
Nothing in this section shall be construed to prohibit or
discourage placement of persons who have mental or physical
disabilities into any category of community care facility that meets
the needs of the individual placed, if the placement is consistent
with the licensing regulations of the department.
(9) "Full-service adoption agency" means any licensed entity
engaged in the business of providing adoption services, that does all
of the following:
(A) Assumes care, custody, and control of a child through
relinquishment of the child to the agency or involuntary termination
of parental rights to the child.
(B) Assesses the birth parents, prospective adoptive parents, or
child.
(C) Places children for adoption.
(D) Supervises adoptive placements.
Private full-service adoption agencies shall be organized and
operated on a nonprofit basis. As a condition of licensure to provide
intercountry adoption services, a full-service adoption agency shall
be accredited and in good standing according to Part 96 of Title 22
of the Code of Federal Regulations, or supervised by an accredited
primary provider, or acting as an exempted provider, in compliance
with Subpart F (commencing with Section 96.29) of Part 96 of Title 22
of the Code of Federal Regulations.
(10) "Noncustodial adoption agency" means any licensed entity
engaged in the business of providing adoption services, that does all
of the following:
(A) Assesses the prospective adoptive parents.
(B) Cooperatively matches children freed for adoption, who are
under the care, custody, and control of a licensed adoption agency,
for adoption, with assessed and approved adoptive applicants.
(C) Cooperatively supervises adoptive placements with a
full-service adoptive agency, but does not disrupt a placement or
remove a child from a placement.
Private noncustodial adoption agencies shall be organized and
operated on a nonprofit basis. As a condition of licensure to provide
intercountry adoption services, a noncustodial adoption agency shall
be accredited and in good standing according to Part 96 of Title 22
of the Code of Federal Regulations, or supervised by an accredited
primary provider, or acting as an exempted provider, in compliance
with Subpart F (commencing with Section 96.29) of Part 96 of Title 22
of the Code of Federal Regulations.
(11) "Transitional shelter care facility" means any group care
facility that provides for 24-hour nonmedical care of persons in need
of personal services, supervision, or assistance essential for
sustaining the activities of daily living or for the protection of
the individual. Program components shall be subject to program
standards developed by the State Department of Social Services
pursuant to Section 1502.3.
(12) "Transitional housing placement provider" means an
organization licensed by the department pursuant to Section 1559.110
and Section 16522.1 of the Welfare and Institutions Code to provide
transitional housing to foster children at least 16 years of age and
not more than 18 years of age, and nonminor dependents, as defined in
subdivision (v) of Section 11400 of the Welfare and Institutions
Code, to promote their transition to adulthood. A transitional
housing placement provider shall be privately operated and organized
on a nonprofit basis.
(13) "Group home" means a residential facility that provides
24-hour care and supervision to children, delivered at least in part
by staff employed by the licensee in a structured environment. The
care and supervision provided by a group home shall be nonmedical,
except as otherwise permitted by law.
(14) "Runaway and homeless youth shelter" means a group home
licensed by the department to operate a program pursuant to Section
1502.35 to provide voluntary, short-term, shelter and personal
services to runaway youth or homeless youth, as defined in paragraph
(2) of subdivision (a) of Section 1502.35.
(b) "Department" or "state department" means the State Department
of Social Services.
(c) "Director" means the Director of Social Services.
SEC. 2. Section 1502.35 is added to the Health and Safety Code, to
read:
1502.35. (a) The department shall license a runaway and homeless
youth shelter as a group home pursuant to this chapter. A runaway and
homeless youth shelter shall meet all of the following requirements:
(1) The shelter shall offer short-term, 24-hour, nonmedical care
and supervision and personal services to youth who voluntarily enter
the shelter. As used in this paragraph, "short-term" means no more
than 21 consecutive days from the date of admission.
(2) The shelter shall serve homeless youth and runaway youth.
(A) "Homeless youth" means a youth 12 to 17 years of age,
inclusive, or 18 years of age if the youth is completing high school
or its equivalent, who is in need of services and without a place of
shelter.
(B) "Runaway youth"means a youth 12 to 17 years of age, inclusive,
or 18 years of age if the youth is completing high school or its
equivalent, who absents himself or herself from home or place of
legal residence without the permission of his or her family, legal
guardian, or foster parent.
(3) The shelter shall have a maximum capacity of 25 youths.
(4) The shelter shall have a ratio of one staff person to every
eight youths. For purposes of this paragraph, a volunteer may be
counted in the staff-to-youth ratio if the volunteer has satisfied
the same training requirements as a paid shelter staff member and
other requirements set forth in regulations, and a paid shelter staff
member is present during the time the volunteer is on duty.
(5) Bunk beds may be permitted in the shelter, but shall not
consist of more than two tiers.
(6) The shelter shall be owned and operated on a nonprofit basis
by a private nonprofit corporation, a nonprofit organization, or a
public agency.
(b) Shelter staff shall, prior to admission into the shelter,
determine if a youth poses a threat to himself or herself or others
in the shelter. A youth may not be admitted into the shelter if it is
determined that the youth poses such a threat.
(c) An assessment shall not be required for admission, but shelter
staff shall assess youth served within 72 hours of admission to the
shelter.
(d) Shelter staff shall assist youth served in obtaining emergency
health-related services.
(e) The shelter shall establish procedures to assist youth in
securing long-term stability that includes all of the following:
(1) Reconnecting the youth with his or her family, legal guardian,
or nonrelative extended family members when possible to do so.
(2) Coordinating with appropriate individuals, local government
agencies, or organizations to help foster youth secure a suitable
foster care placement.
(f) The shelter shall ensure all homeless youth and runaway youth
have fair and equal access to services, care, and treatment provided
by the shelter, and are not subjected to discrimination or harassment
on the basis of actual or perceived race, ethnic group
identification, ancestry, national origin, color, religion, sex,
sexual orientation, gender identity, mental or physical disability,
or HIV status.
(g) Prior to employment or interaction with youth at a runaway and
homeless youth shelter, all persons specified in subdivision (b) of
Section 1522 shall complete a criminal record review pursuant to
Section 1522 and a Child Abuse Central Index check pursuant to
Section 1522.1.
(h) A runaway and homeless youth shelter shall collect and
maintain all of the following information in a monthly report, in a
format specified by the department, and make the report available to
the department upon request:
(1) Total number of youth served per month.
(2) Age of each youth served.
(3) Length of stay of each youth served.
(4) Number of times a youth accesses the shelter and services at
the shelter.
(i) Notwithstanding Section 1522.43, the department shall not
require a runaway and homeless youth shelter to maintain a needs and
services plan, as defined in Section 84001 of Title 22 of the
California Code of Regulations, for a youth served. Nothing in this
subdivision precludes the department from requiring a runaway and
homeless youth shelter to maintain an assessment, as defined by the
department, for youths served.
(j) The department may license a shelter pursuant to this section
if the shelter is operating in two physical locations on or before
January 1, 2013, with only one physical location providing overnight
residential care, and the shelter meets the requirements of this
section. If a shelter described in this subdivision is licensed
pursuant to this section, the department shall permit the shelter to
retain its two physical locations and issue a license for each
physical location.
(k) A runaway and homeless youth shelter is not an eligible
placement option pursuant to Sections 319, 361.2, 450, and 727 of the
Welfare and Institutions Code.
(l) A runaway and homeless youth shelter's program shall not be
eligible for a rate pursuant to Section 11462 of the Welfare and
Institutions Code. This does not preclude a runaway and homeless
youth shelter from receiving reimbursement for providing services to
a foster youth as may be provided at the discretion of a county.
(m) On or before December 1, 2014, the department shall adopt
regulations to implement this section, in consultation with
interested parties, including representatives of provider
organizations that serve homeless or runaway youth. The regulations
developed pursuant to this subdivision shall be contained in the
regulations for group homes found in Chapter 5 (commencing with
Section 84000) of Division 6 of Title 22 of the California Code of
Regulations.
(n) 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 may implement the applicable
provisions of this section by publishing information releases or
similar instructions from the director until the regulations adopted
by the department pursuant to subdivision (l) become effective.
SEC. 3. Section 319 of the Welfare and Institutions Code is
amended to read:
319. (a) At the initial petition hearing, the court shall examine
the child's parents, guardians, or other persons having relevant
knowledge and hear the relevant evidence as the child, the child's
parents or guardians, the petitioner, or their counsel desires to
present. The court may examine the child, as provided in Section 350.
(b) The social worker shall report to the court on the reasons why
the child has been removed from the parent's physical custody, the
need, if any, for continued detention, the available services and the
referral methods to those services that could facilitate the return
of the child to the custody of the child's parents or guardians, and
whether there are any relatives who are able and willing to take
temporary physical custody of the child. The court shall order the
release of the child from custody unless a prima facie showing has
been made that the child comes within Section 300, the court finds
that continuance in the parent's or guardian's home is contrary to
the child's welfare, and any of the following circumstances exist:
(1) There is a substantial danger to the physical health of the
child or the child is suffering severe emotional damage, and there
are no reasonable means by which the child's physical or emotional
health may be protected without removing the child from the parent's
or guardian's physical custody.
(2) There is substantial evidence that a parent, guardian, or
custodian of the child is likely to flee the jurisdiction of the
court.
(3) The child has left a placement in which he or she was placed
by the juvenile court.
(4) The child indicates an unwillingness to return home, if the
child has been physically or sexually abused by a person residing in
the home.
(c) If the matter is continued pursuant to Section 322 or for any
other reason, the court shall find that the continuance of the child
in the parent's or guardian's home is contrary to the child's welfare
at the initial petition hearing or order the release of the child
from custody.
(d) (1) The court shall also make a determination on the record,
referencing the social worker's report or other evidence relied upon,
as to whether reasonable efforts were made to prevent or eliminate
the need for removal of the child from his or her home, pursuant to
subdivision (b) of Section 306, and whether there are available
services that would prevent the need for further detention. Services
to be considered for purposes of making this determination are case
management, counseling, emergency shelter care, emergency in-home
caretakers, out-of-home respite care, teaching and demonstrating
homemakers, parenting training, transportation, and any other child
welfare services authorized by the State Department of Social
Services pursuant to Chapter 5 (commencing with Section 16500) of
Part 4 of Division 9. The court shall also review whether the social
worker has considered whether a referral to public assistance
services pursuant to Chapter 2 (commencing with Section 11200) and
Chapter 7 (commencing with Section 14000) of Part 3, Chapter 1
(commencing with Section 17000) of Part 5, and Chapter 10 (commencing
with Section 18900) of Part 6 of Division 9 would have eliminated
the need to take temporary custody of the child or would prevent the
need for further detention.
(2) If the child can be returned to the custody of his or her
parent or guardian through the provision of those services, the court
shall place the child with his or her parent or guardian and order
that the services shall be provided. If the child cannot be returned
to the physical custody of his or her parent or guardian, the court
shall determine if there is a relative who is able and willing to
care for the child, and has been assessed pursuant to paragraph (1)
of subdivision (d) of Section 309.
(e) If a court orders a child detained, the court shall state the
facts on which the decision is based, specify why the initial removal
was necessary, reference the social worker's report or other
evidence relied upon to make its determination whether continuance in
the home of the parent or legal guardian is contrary to the child's
welfare, order temporary placement and care of the child to be vested
with the county child welfare department pending the hearing held
pursuant to Section 355 or further order of the court, and order
services to be provided as soon as possible to reunify the child and
his or her family if appropriate.
(f) (1) If the child is not released from custody, the court may
order that the child shall be placed in the assessed home of a
relative, in an emergency shelter or other suitable licensed place,
in a place exempt from licensure designated by the juvenile court, or
in the assessed home of a nonrelative extended family member as
defined in Section 362.7 for a period not to exceed 15 judicial days.
A runaway and homeless youth shelter licensed by the State
Department of Social Services pursuant to Section 1502.35 of the
Health and Safety Code shall not be a placement option pursuant to
this section.
(2) As used in this section, "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. However,
only the following relatives shall be given preferential
consideration for placement of the child: an adult who is a
grandparent, aunt, uncle, or sibling of the child.
(3) The court shall consider the recommendations of the social
worker based on the assessment pursuant to paragraph (1) of
subdivision (d) of Section 309 of the relative's home, including the
results of a criminal records check and prior child abuse
allegations, if any, prior to ordering that the child be placed with
a relative. The court shall order the parent to disclose to the
social worker the names, residences, and any known identifying
information of any maternal or paternal relatives of the child. The
social worker shall initiate the assessment pursuant to Section 361.3
of any relative to be considered for continuing placement.
(g) (1) At the initial hearing upon the petition filed in
accordance with subdivision (c) of Rule 5.520 of the California Rules
of Court or anytime thereafter up until the time that the minor is
adjudged a dependent child of the court or a finding is made
dismissing the petition, the court may temporarily limit the right of
the parent or guardian to make educational or developmental services
decisions for the child and temporarily appoint a responsible adult
to make educational or developmental services decisions for the child
if all of the following conditions are found:
(A) The parent or guardian is unavailable, unable, or unwilling to
exercise educational or developmental services rights for the child.
(B) The county placing agency has made diligent efforts to locate
and secure the participation of the parent or guardian in educational
or developmental services decisionmaking.
(C) The child's educational and developmental services needs
cannot be met without the temporary appointment of a responsible
adult.
(2) If the court limits the parent's educational rights under this
subdivision, the court shall determine whether there is a
responsible adult who is a relative, nonrelative extended family
member, or other adult known to the child and who is available and
willing to serve as the child's educational representative before
appointing an educational representative or surrogate who is not
known to the child.
(3) If the court cannot identify a responsible adult to make
educational decisions for the child and the appointment of a
surrogate parent, as defined in subdivision (a) of Section 56050 of
the Education Code, is not warranted, the court may, with the input
of any interested person, make educational decisions for the child.
If the child is receiving services from a regional center, the
provision of any developmental services related to the court's
decision must be consistent with the child's individual program plan
and pursuant to the provisions of the Lanterman Developmental
Disabilities Services Act (Division 4.5 (commencing with Section
4500)). If the court cannot identify a responsible adult to make
developmental services decisions for the child, the court may, with
the input of any interested person, make developmental services
decisions for the child. If the court makes educational or
developmental services decisions for the child, the court shall also
issue appropriate orders to ensure that every effort is made to
identify a responsible adult to make future educational or
developmental services decisions for the child.
(4) Any temporary appointment of a responsible adult and temporary
limitation on the right of the parent or guardian to make
educational or developmental services decisions for the child shall
be specifically addressed in the court order. Any order made under
this section shall expire at the conclusion of the hearing held
pursuant to Section 361 or upon dismissal of the petition. Upon the
entering of disposition orders, any additional needed limitation on
the parent's or guardian's educational or developmental services
rights shall be addressed pursuant to Section 361.
(5) Nothing in this section in any way removes the obligation to
appoint surrogate parents for students with disabilities who are
without parental representation in special education procedures as
required by state and federal law, including Section 1415(b)(2) of
Title 20 of the United States Code, Section 56050 of the Education
Code, Section 7579.5 of the Government Code, and Rule 5.650 of the
California Rules of Court.
(6) If the court appoints a developmental services decisionmaker
pursuant to this section, he or she shall have the authority to
access the child's information and records pursuant to subdivision
(u) of Section 4514 and subdivision (y) of Section 5328, and to act
on the child's behalf for the purposes of the individual program plan
process pursuant to Sections 4646, 4646.5, and 4648 and the fair
hearing process pursuant to Chapter 7 (commencing with Section 4700),
and as set forth in the court order.
SEC. 4. Section 361.2 of the Welfare and Institutions Code is
amended to read:
361.2. (a) When a court orders removal of a child pursuant to
Section 361, the court shall first determine whether there is a
parent of the child, with whom the child was not residing at the time
that the events or conditions arose that brought the child within
the provisions of Section 300, who desires to assume custody of the
child. If that parent requests custody, the court shall place the
child with the parent unless it finds that placement with that parent
would be detrimental to the safety, protection, or physical or
emotional well-being of the child.
(b) If the court places the child with that parent it may do any
of the following:
(1) Order that the parent become legal and physical custodian of
the child. The court may also provide reasonable visitation by the
noncustodial parent. The court shall then terminate its jurisdiction
over the child. The custody order shall continue unless modified by a
subsequent order of the superior court. The order of the juvenile
court shall be filed in any domestic relation proceeding between the
parents.
(2) Order that the parent assume custody subject to the
jurisdiction of the juvenile court and require that a home visit be
conducted within three months. In determining whether to take the
action described in this paragraph, the court shall consider any
concerns that have been raised by the child's current caregiver
regarding the parent. After the social worker conducts the home visit
and files his or her report with the court, the court may then take
the action described in paragraph (1), (3), or this paragraph.
However, nothing in this paragraph shall be interpreted to imply that
the court is required to take the action described in this paragraph
as a prerequisite to the court taking the action described in either
paragraph (1) or paragraph (3).
(3) Order that the parent assume custody subject to the
supervision of the juvenile court. In that case the court may order
that reunification services be provided to the parent or guardian
from whom the child is being removed, or the
court may order that services be provided solely to
the parent who is assuming physical custody in order to allow that
parent to retain later custody without court supervision, or that
services be provided to both parents, in which case the court shall
determine, at review hearings held pursuant to Section 366, which
parent, if either, shall have custody of the child.
(c) The court shall make a finding either in writing or on the
record of the basis for its determination under subdivisions (a) and
(b).
(d) Part 6 (commencing with Section 7950) of Division 12 of the
Family Code shall apply to the placement of a child pursuant to
paragraphs (1) and (2) of subdivision (e).
(e) When the court orders removal pursuant to Section 361, the
court shall order the care, custody, control, and conduct of the
child to be under the supervision of the social worker who may place
the child in any of the following:
(1) The home of a noncustodial parent as described in subdivision
(a), regardless of the parent's immigration status.
(2) The approved home of a relative, regardless of the relative's
immigration status.
(3) The approved home of a nonrelative extended family member as
defined in Section 362.7.
(4) A foster home in which the child has been placed before an
interruption in foster care, if that placement is in the best
interest of the child and space is available.
(5) A suitable licensed community care facility, except a runaway
and homeless youth shelter licensed by the State Department of Social
Services pursuant to Section 1502.35 of the Health and Safety Code.
(6) With a foster family agency to be placed in a suitable
licensed foster family home or certified family home which has been
certified by the agency as meeting licensing standards.
(7) A home or facility in accordance with the federal Indian Child
Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(8) A child under the age of six years may be placed in a
community care facility licensed as a group home for children, or a
temporary shelter care facility as defined in Section 1530.8 of the
Health and Safety Code, only under any of the following
circumstances:
(A) (i) When a case plan indicates that placement is for purposes
of providing short-term, specialized, and intensive treatment to the
child, the case plan specifies the need for, nature of, and
anticipated duration of this treatment, pursuant to paragraph (2) of
subdivision (c) of Section 16501.1, the facility meets the applicable
regulations adopted under Section 1530.8 of the Health and Safety
Code and standards developed pursuant to Section 11467.1, and the
deputy director or director of the county child welfare department or
an assistant chief probation officer or chief probation officer of
the county probation department has approved the case plan.
(ii) The short term, specialized, and intensive treatment period
shall not exceed 120 days, unless the county has made progress toward
or is actively working toward implementing the case plan that
identifies the services or supports necessary to transition the child
to a family setting, circumstances beyond the county's control have
prevented the county from obtaining those services or supports within
the timeline documented in the case plan, and the need for
additional time pursuant to the case plan is documented by the
caseworker and approved by a deputy director or director of the
county child welfare department or an assistant chief probation
officer or chief probation officer of the county probation
department.
(iii) To the extent that placements pursuant to this paragraph are
extended beyond an initial 120 days, the requirements of clauses (i)
and (ii) shall apply to each extension. In addition, the deputy
director or director of the county child welfare department or an
assistant chief probation officer or chief probation officer of the
county probation department shall approve the continued placement no
less frequently than every 60 days.
(B) When a case plan indicates that placement is for purposes of
providing family reunification services. In addition, the facility
offers family reunification services that meet the needs of the
individual child and his or her family, permits parents to have
reasonable access to their children 24 hours a day, encourages
extensive parental involvement in meeting the daily needs of their
children, and employs staff trained to provide family reunification
services. In addition, one of the following conditions exists:
(i) The child's parent is also a ward of the court and resides in
the facility.
(ii) The child's parent is participating in a treatment program
affiliated with the facility and the child's placement in the
facility facilitates the coordination and provision of reunification
services.
(iii) Placement in the facility is the only alternative that
permits the parent to have daily 24-hour access to the child in
accordance with the case plan, to participate fully in meeting all of
the daily needs of the child, including feeding and personal
hygiene, and to have access to necessary reunification services.
(9) (A) A child who is 6 to 12 years of age, inclusive, may be
placed in a community care facility licensed as a group home for
children only when a case plan indicates that placement is for
purposes of providing short-term, specialized, and intensive
treatment for the child, the case plan specifies the need for, nature
of, and anticipated duration of this treatment, pursuant to
paragraph (2) of subdivision (c) of Section 16501.1, and is approved
by the deputy director or director of the county child welfare
department or an assistant chief probation officer or chief probation
officer of the county probation department.
(B) The short-term, specialized, and intensive treatment period
shall not exceed six months, unless the county has made progress or
is actively working toward implementing the case plan that identifies
the services or supports necessary to transition the child to a
family setting, circumstances beyond the county's control have
prevented the county from obtaining those services or supports within
the timeline documented in the case plan, and the need for
additional time pursuant to the case plan is documented by the
caseworker and approved by a deputy director or director of the
county child welfare department or an assistant chief probation
officer or chief probation officer of the county probation
department.
(C) To the extent that placements pursuant to this paragraph are
extended beyond an initial six months, the requirements of
subparagraph (A) and (B) shall apply to each extension. In addition,
the deputy director or director of the county child welfare
department or an assistant chief probation officer or chief probation
officer of the county probation department shall approve the
continued placement no less frequently than every 60 days.
(10) Nothing in this subdivision shall be construed to allow a
social worker to place any dependent child outside the United States,
except as specified in subdivision (f).
(f) (1) A child under the supervision of a social worker pursuant
to subdivision (e) shall not be placed outside the United States
prior to a judicial finding that the placement is in the best
interest of the child, except as required by federal law or treaty.
(2) The party or agency requesting placement of the child outside
the United States shall carry the burden of proof and must show, by
clear and convincing evidence, that placement outside the United
States is in the best interest of the child.
(3) In determining the best interest of the child, the court shall
consider, but not be limited to, the following factors:
(A) Placement with a relative.
(B) Placement of siblings in the same home.
(C) Amount and nature of any contact between the child and the
potential guardian or caretaker.
(D) Physical and medical needs of the dependent child.
(E) Psychological and emotional needs of the dependent child.
(F) Social, cultural, and educational needs of the dependent
child.
(G) Specific desires of any dependent child who is 12 years of age
or older.
(4) If the court finds that a placement outside the United States
is, by clear and convincing evidence, in the best interest of the
child, the court may issue an order authorizing the social worker to
make a placement outside the United States. A child subject to this
subdivision shall not leave the United States prior to the issuance
of the order described in this paragraph.
(5) For purposes of this subdivision, "outside the United States"
shall not include the lands of any federally recognized American
Indian tribe or Alaskan Natives.
(6) This subdivision shall not apply to the placement of a
dependent child with a parent pursuant to subdivision (a).
(g) (1) If the child is taken from the physical custody of the
child's parent or guardian and unless the child is placed with
relatives, the child shall be placed in foster care in the county of
residence of the child's parent or guardian in order to facilitate
reunification of the family.
(2) In the event that there are no appropriate placements
available in the parent's or guardian's county of residence, a
placement may be made in an appropriate place in another county,
preferably a county located adjacent to the parent's or guardian's
community of residence.
(3) Nothing in this section shall be interpreted as requiring
multiple disruptions of the child's placement corresponding to
frequent changes of residence by the parent or guardian. In
determining whether the child should be moved, the social worker
shall take into consideration the potential harmful effects of
disrupting the placement of the child and the parent's or guardian's
reason for the move.
(4) When it has been determined that it is necessary for a child
to be placed in a county other than the child's parent's or guardian'
s county of residence, the specific reason the out-of-county
placement is necessary shall be documented in the child's case plan.
If the reason the out-of-county placement is necessary is the lack of
resources in the sending county to meet the specific needs of the
child, those specific resource needs shall be documented in the case
plan.
(5) When it has been determined that a child is to be placed out
of county either in a group home or with a foster family agency for
subsequent placement in a certified foster family home, and the
sending county is to maintain responsibility for supervision and
visitation of the child, the sending county shall develop a plan of
supervision and visitation that specifies the supervision and
visitation activities to be performed and specifies that the sending
county is responsible for performing those activities. In addition to
the plan of supervision and visitation, the sending county shall
document information regarding any known or suspected dangerous
behavior of the child that indicates the child may pose a safety
concern in the receiving county. Upon implementation of the Child
Welfare Services Case Management System, the plan of supervision and
visitation, as well as information regarding any known or suspected
dangerous behavior of the child, shall be made available to the
receiving county upon placement of the child in the receiving county.
If placement occurs on a weekend or holiday, the information shall
be made available to the receiving county on or before the end of the
next business day.
(6) When it has been determined that a child is to be placed out
of county and the sending county plans that the receiving county
shall be responsible for the supervision and visitation of the child,
the sending county shall develop a formal agreement between the
sending and receiving counties. The formal agreement shall specify
the supervision and visitation to be provided the child, and shall
specify that the receiving county is responsible for providing the
supervision and visitation. The formal agreement shall be approved
and signed by the sending and receiving counties prior to placement
of the child in the receiving county. In addition, upon completion of
the case plan, the sending county shall provide a copy of the
completed case plan to the receiving county. The case plan shall
include information regarding any known or suspected dangerous
behavior of the child that indicates the child may pose a safety
concern to the receiving county.
(h) Whenever the social worker must change the placement of the
child and is unable to find a suitable placement within the county
and must place the child outside the county, the placement shall not
be made until he or she has served written notice on the parent or
guardian at least 14 days prior to the placement, unless the child's
health or well-being is endangered by delaying the action or would be
endangered if prior notice were given. The notice shall state the
reasons which require placement outside the county. The parent or
guardian may object to the placement not later than seven days after
receipt of the notice and, upon objection, the court shall hold a
hearing not later than five days after the objection and prior to the
placement. The court shall order out-of-county placement if it finds
that the child's particular needs require placement outside the
county.
(i) Where the court has ordered removal of the child from the
physical custody of his or her parents pursuant to Section 361, the
court shall consider whether the family ties and best interest of the
child will be served by granting visitation rights to the child's
grandparents. The court shall clearly specify those rights to the
social worker.
(j) Where the court has ordered removal of the child from the
physical custody of his or her parents pursuant to Section 361, the
court shall consider whether there are any siblings under the court's
jurisdiction, the nature of the relationship between the child and
his or her siblings, the appropriateness of developing or maintaining
the sibling relationships pursuant to Section 16002, and the impact
of the sibling relationships on the child's placement and planning
for legal permanence.
(k) (1) When an agency has placed a child with a relative
caregiver, a nonrelative extended family member, a licensed foster
family home, or a group home, the agency shall ensure placement of
the child in a home that, to the fullest extent possible, best meets
the day-to-day needs of the child. A home that best meets the
day-to-day needs of the child shall satisfy all of the following
criteria:
(A) The child's caregiver is able to meet the day-to-day health,
safety, and well-being needs of the child.
(B) The child's caregiver is permitted to maintain the least
restrictive and most family-like environment that serves the
day-to-day needs of the child.
(C) The child is permitted to engage in reasonable,
age-appropriate day-to-day activities that promote the most
family-like environment for the foster child.
(2) The foster child's caregiver shall use a reasonable and
prudent parent standard, as defined in paragraph (2) of subdivision
(a) of Section 362.04, to determine day-to-day activities that are
age-appropriate to meet the needs of the child. Nothing in this
section shall be construed to permit a child's caregiver to permit
the child to engage in day-to-day activities that carry an
unreasonable risk of harm, or subject the child to abuse or neglect.
SEC. 5. Section 450 of the Welfare and Institutions Code is
amended to read:
450. (a) A minor or nonminor who satisfies all of the following
criteria is within the transition jurisdiction of the juvenile court:
(1) (A) The minor is a ward who is older than 17 years and 5
months of age and younger than 18 years of age and in foster care
placement, or the nonminor is a ward in foster care placement who was
a ward subject to an order for foster care placement on the day he
or she attained 18 years of age and on and after January 1, 2012, has
not attained 19 years of age, or, commencing January 1, 2013, 20
years of age, or, commencing January 1, 2014, 21 years of age.
(B) Notwithstanding subparagraph (A), the nonminor is a ward who
has been receiving aid pursuant to Article 5 (commencing with Section
11400) of Chapter 2 of Part 3 of Division 9 between January 1, 2012,
and December 31, 2012, and attains 19 years of age prior to January
1, 2013, or who has been receiving that aid between January 1, 2013,
and December 31, 2013, and attains 20 years of age prior to January
1, 2014, and who may continue to receive aid under the applicable
program, provided that the nonminor dependent continues to meet all
other applicable eligibility requirements as specified in Section
11403.
(2) The ward meets either of the following conditions:
(A) The ward was removed from the physical custody of his or her
parents or legal guardian, adjudged to be a ward of the juvenile
court under Section 725, and ordered into foster care placement as a
ward.
(B) The ward was removed from the custody of his or her parents or
legal guardian as a dependent of the court with an order for foster
care placement as a dependent in effect at the time the court
adjudged him or her to be a ward of the juvenile court under Section
725.
(3) The rehabilitative goals of the minor or nonminor, as set
forth in the case plan, have been met, and juvenile court
jurisdiction over the minor or nonminor as a ward is no longer
required.
(4) (A) If the ward is a minor, reunification services have been
terminated; the matter has not been set for a hearing for termination
of parental rights pursuant to Section 727.3 or for the
establishment of guardianship pursuant to Section 728; the return of
the child to the physical custody of the parents or legal guardian
would create a substantial risk of detriment to the child's safety,
protection, or physical or emotional well-being; and the minor has
indicated an intent to sign a mutual agreement, as described in
subdivision (u) of Section 11400, with the responsible agency for
placement in a supervised setting as a nonminor dependent.
(B) If the ward is a nonminor, he or she has signed a mutual
agreement, as described in subdivision (u) of Section 11400, with the
responsible agency for placement in a supervised setting as a
nonminor dependent or has signed a voluntary reentry agreement, as
described in subdivision (z) of Section 11400 for placement in a
supervised setting as a nonminor dependent. A runaway and homeless
youth shelter licensed by the State Department of Social Services
pursuant to Section 1502.35 of the Health and Safety Code shall not
be a placement option pursuant to this section.
(b) A minor who is subject to the court's transition jurisdiction
shall be referred to as a transition dependent.
(c) A youth subject to the court's transition jurisdiction who is
18 years of age or older shall be referred to as a nonminor
dependent.
SEC. 6. Section 727 of the Welfare and Institutions Code is
amended to read:
727. (a) (1) If a minor is adjudged a ward of the court on the
ground that he or she is a person described by Section 601 or 602,
the court may make any reasonable orders for the care, supervision,
custody, conduct, maintenance, and support of the minor, including
medical treatment, subject to further order of the court.
(2) In the discretion of the court, a ward may be ordered to be on
probation without supervision of the probation officer. The court,
in so ordering, may impose on the ward any and all reasonable
conditions of behavior as may be appropriate under this disposition.
A minor who has been adjudged a ward of the court on the basis of the
commission of any of the offenses described in subdivision (b) or
paragraph (2) of subdivision (d) of Section 707, Section 459 of the
Penal Code, or subdivision (a) of Section 11350 of the Health and
Safety Code, shall not be eligible for probation without supervision
of the probation officer. A minor who has been adjudged a ward of the
court on the basis of the commission of any offense involving the
sale or possession for sale of a controlled substance, except
misdemeanor offenses involving marijuana, as specified in Chapter 2
(commencing with Section 11053) of Division 10 of the Health and
Safety Code, or of an offense in violation of Section 32625 of the
Penal Code, shall be eligible for probation without supervision of
the probation officer only when the court determines that the
interests of justice would best be served and states reasons on the
record for that determination.
(3) In all other cases, the court shall order the care, custody,
and control of the minor to be under the supervision of the probation
officer who may place the minor in any of the following:
(A) The approved home of a relative or the approved home of a
nonrelative, extended family member, as defined in Section 362.7. If
a decision has been made to place the minor in the home of a
relative, the court may authorize the relative to give legal consent
for the minor's medical, surgical, and dental care and education as
if the relative caretaker were the custodial parent of the minor.
(B) A suitable licensed community care facility, except a runaway
and homeless youth shelter licensed by the State Department of Social
Services pursuant to Section 1502.35 of the Health and Safety Code.
A placement of a child in a community care facility, as specified in
Section 1530.8 of the Health and Safety Code, shall be made in
accordance with Section 319.2 or 319.3, as applicable, and with
paragraph (8) or (9) of subdivision (e) of Section 361.2, as
applicable.
(C) With a foster family agency to be placed in a suitable
licensed foster family home or certified family home which has been
certified by the agency as meeting licensing standards.
(D) (i) Every minor adjudged a ward of the juvenile court who is
residing in a placement as defined in subparagraphs (A) to (C),
inclusive, shall be entitled to participate in age-appropriate
extracurricular, enrichment, and social activities. No state or local
regulation or policy may prevent, or create barriers to,
participation in those activities. Each state and local entity shall
ensure that private agencies that provide foster care services to
wards have policies consistent with this section and that those
agencies promote and protect the ability of wards to participate in
age-appropriate extracurricular, enrichment, and social activities. A
group home administrator, a facility manager, or his or her
responsible designee, and a caregiver, as defined in paragraph (1) of
subdivision (a) of Section 362.04, shall use a reasonable and
prudent parent standard, as defined in paragraph (2) of subdivision
(a) of Section 362.04, in determining whether to give permission for
a minor residing in foster care to participate in extracurricular,
enrichment, and social activities. A group home administrator, a
facility manager, or his or her responsible designee, and a caregiver
shall take reasonable steps to determine the appropriateness of the
activity taking into consideration the minor's age, maturity, and
developmental level.
(ii) A group home administrator or a facility manager, or his or
her responsible designee, is encouraged to consult with social work
or treatment staff members who are most familiar with the minor at
the group home in applying and using the reasonable and prudent
parent standard.
(b) (1) To facilitate coordination and cooperation among agencies,
the court may, at any time after a petition has been filed, after
giving notice and an opportunity to be heard, join in the juvenile
court proceedings any agency that the court determines has failed to
meet a legal obligation to provide services to a minor, for whom a
petition has been filed under Section 601 or 602, to a nonminor, as
described in Section 303, or to a nonminor dependent, as defined in
subdivision (v) of Section 11400. In any proceeding in which an
agency is joined, the court shall not impose duties upon the agency
beyond those mandated by law. The purpose of joinder under this
section is to ensure the delivery and coordination of legally
mandated services to the minor. The joinder shall not be maintained
for any other purpose. Nothing in this section shall prohibit
agencies that have received notice of the hearing on joinder from
meeting prior to the hearing to coordinate services.
(2) The court has no authority to order services unless it has
been determined through the administrative process of an agency that
has been joined as a party, that the minor, nonminor, or nonminor
dependent is eligible for those services. With respect to mental
health assessment, treatment, and case management services pursuant
to Chapter 26.5 (commencing with Section 7570) of Division 7 of Title
1 of the Government Code, the court's determination shall be limited
to whether the agency has complied with that chapter.
(3) For the purposes of this subdivision, "agency" means any
governmental agency or any private service provider or individual
that receives federal, state, or local governmental funding or
reimbursement for providing services directly to a child, nonminor,
or nonminor dependent.
(c) If a minor has been adjudged a ward of the court on the ground
that he or she is a person described in Section 601 or 602, and the
court finds that notice has been given in accordance with Section
661, and if the court orders that a parent or guardian shall retain
custody of that minor either subject to or without the supervision of
the probation officer, the parent or guardian may be required to
participate with that minor in a counseling or education program
including, but not limited to, parent education and parenting
programs operated by community colleges, school districts, or other
appropriate agencies designated by the court.
(d) The juvenile court may direct any reasonable orders to the
parents and guardians of the minor who is the subject of any
proceedings under this chapter as the court deems necessary and
proper to carry out subdivisions (a), (b), and (c) including orders
to appear before a county financial evaluation officer, to ensure the
minor's regular school attendance, and to make reasonable efforts to
obtain appropriate educational services necessary to meet the needs
of the minor.
If counseling or other treatment services are ordered for the
minor, the parent, guardian, or foster parent shall be ordered to
participate in those services, unless participation by the parent,
guardian, or foster parent is deemed by the court to be inappropriate
or potentially detrimental to the minor.
SEC. 6.5.
Section 727 of the Welfare and Institutions Code is amended to read:
727. (a) (1) If a minor or nonminor is adjudged a ward of the
court on the ground that he or she is a person described by Section
601 or 602, the court may make any reasonable orders for the care,
supervision, custody, conduct, maintenance, and support of the minor
or nonminor, including medical treatment, subject to further order of
the court.
(2) In the discretion of the court, a ward may be ordered to be on
probation without supervision of the probation officer. The court,
in so ordering, may impose on the ward any and all reasonable
conditions of behavior as may be appropriate under this disposition.
A minor or nonminor who has been adjudged a ward of the court on the
basis of the commission of any of the offenses described in
subdivision (b) or paragraph (2) of subdivision (d) of Section 707,
Section 459 of the Penal Code, or subdivision (a) of Section 11350 of
the Health and Safety Code, shall not be eligible for probation
without supervision of the probation officer. A minor or nonminor who
has been adjudged a ward of the court on the basis of the commission
of any offense involving the sale or possession for sale of a
controlled substance, except misdemeanor offenses involving
marijuana, as specified in Chapter 2 (commencing with Section 11053)
of Division 10 of the Health and Safety Code, or of an offense in
violation of Section 32625 of the Penal Code, shall be eligible for
probation without supervision of the probation officer only when the
court determines that the interests of justice would best be served
and states reasons on the record for that determination.
(3) In all other cases, the court shall order the care, custody,
and control of the minor or nonminor to be under the supervision of
the probation officer who may place the minor or nonminor in any of
the following:
(A) The approved home of a relative or the approved home of a
nonrelative, extended family member, as defined in Section 362.7. If
a decision has been made to place the minor in the home of a
relative, the court may authorize the relative to give legal consent
for the minor's medical, surgical, and dental care and education as
if the relative caretaker were the custodial parent of the minor.
(B) A suitable licensed community care facility, except a runaway
and homeless youth shelter licensed by the State Department of Social
Services pursuant to Section 1502.35 of the Health and Safety Code.
A placement of a child in a community care facility, as
specified in Section 1530.8 of the Health and Safety Code, shall be
made in accordance with Section 319.2 or 319.3, as applicable, and
with paragraph (8) or (9) of subdivision (e) of Section 361.2, as
applicable.
(C) With a foster family agency to be placed in a suitable
licensed foster family home or certified family home which has been
certified by the agency as meeting licensing standards.
(D) (i) Every minor adjudged a ward of the juvenile court who is
residing in a placement as defined in subparagraphs (A) to (C),
inclusive, shall be entitled to participate in age-appropriate
extracurricular, enrichment, and social activities. No state or local
regulation or policy may prevent, or create barriers to,
participation in those activities. Each state and local entity shall
ensure that private agencies that provide foster care services to
wards have policies consistent with this section and that those
agencies promote and protect the ability of wards to participate in
age-appropriate extracurricular, enrichment, and social activities. A
group home administrator, a facility manager, or his or her
responsible designee, and a caregiver, as defined in paragraph (1) of
subdivision (a) of Section 362.04, shall use a reasonable and
prudent parent standard, as defined in paragraph (2) of subdivision
(a) of Section 362.04, in determining whether to give permission for
a minor residing in foster care to participate in extracurricular,
enrichment, and social activities. A group home administrator, a
facility manager, or his or her responsible designee, and a caregiver
shall take reasonable steps to determine the appropriateness of the
activity taking into consideration the minor's age, maturity, and
developmental level.
(ii) A group home administrator or a facility manager, or his or
her responsible designee, is encouraged to consult with social work
or treatment staff members who are most familiar with the minor at
the group home in applying and using the reasonable and prudent
parent standard.
(E) For nonminors, an approved supervised independent living
setting as defined in Section 11400, including a residential housing
unit certified by a licensed transitional housing placement provider.
(b) (1) To facilitate coordination and cooperation among agencies,
the court may, at any time after a petition has been filed, after
giving notice and an opportunity to be heard, join in the juvenile
court proceedings any agency that the court determines has failed to
meet a legal obligation to provide services to a minor, for whom a
petition has been filed under Section 601 or 602, to a nonminor, as
described in Section 303, or to a nonminor dependent, as defined in
subdivision (v) of Section 11400. In any proceeding in which an
agency is joined, the court shall not impose duties upon the agency
beyond those mandated by law. The purpose of joinder under this
section is to ensure the delivery and coordination of legally
mandated services to the minor. The joinder shall not be maintained
for any other purpose. Nothing in this section shall prohibit
agencies that have received notice of the hearing on joinder from
meeting prior to the hearing to coordinate services.
(2) The court has no authority to order services unless it has
been determined through the administrative process of an agency that
has been joined as a party, that the minor, nonminor, or nonminor
dependent is eligible for those services. With respect to mental
health assessment, treatment, and case management services pursuant
to Chapter 26.5 (commencing with Section 7570) of Division 7 of Title
1 of the Government Code, the court's determination shall be limited
to whether the agency has complied with that chapter.
(3) For the purposes of this subdivision, "agency" means any
governmental agency or any private service provider or individual
that receives federal, state, or local governmental funding or
reimbursement for providing services directly to a child, nonminor,
or nonminor dependent.
(c) If a minor has been adjudged a ward of the court on the ground
that he or she is a person described in Section 601 or 602, and the
court finds that notice has been given in accordance with Section
661, and if the court orders that a parent or guardian shall retain
custody of that minor either subject to or without the supervision of
the probation officer, the parent or guardian may be required to
participate with that minor in a counseling or education program,
including, but not limited to, parent education and parenting
programs operated by community colleges, school districts, or other
appropriate agencies designated by the court.
(d) The juvenile court may direct any reasonable orders to the
parents and guardians of the minor who is the subject of any
proceedings under this chapter as the court deems necessary and
proper to carry out subdivisions (a), (b), and (c) including orders
to appear before a county financial evaluation officer, to ensure the
minor's regular school attendance, and to make reasonable efforts to
obtain appropriate educational services necessary to meet the needs
of the minor.
If counseling or other treatment services are ordered for the
minor, the parent, guardian, or foster parent shall be ordered to
participate in those services, unless participation by the parent,
guardian, or foster parent is deemed by the court to be inappropriate
or potentially detrimental to the minor.
SEC. 7. Section 11400 of the Welfare and Institutions Code is
amended to read:
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 accepts children in need of care and supervision in a group
home, as defined by paragraph (13) of subdivision (a) of Section 1502
of the Health and Safety Code.
(i) "Periodic review" means review of a 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) (1) "Transitional housing placement provider" means an
organization licensed by the State Department of Social Services
pursuant to Section 1559.110 of the Health and Safety Code, to
provide transitional housing to foster children at least 16 years of
age and not more than 18 years of age, and nonminor dependents, as
defined in subdivision (v). A transitional housing placement provider
shall be privately operated and organized on a nonprofit basis.
(2) Prior to licensure, a provider shall obtain certification from
the applicable county, in accordance with Section 16522.1.
(s) "Transitional Housing Program-Plus" means a provider certified
by the applicable county, in accordance with subdivision (c) of
Section 16522, to provide transitional housing services to former
foster youth who have exited the foster care system on or after their
18th birthday.
(t) "Whole family foster home" means a 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 360 or 366.26,
certified family home, or a host family home placement of a
transitional housing placement provider, that provides foster care
for a minor or nonminor dependent parent and his or her child, and is
specifically recruited and trained to assist the minor or nonminor
dependent parent in developing the skills necessary to provide a
safe, stable, and permanent home for his or her child. The child of
the minor or nonminor dependent parent need not be the subject of a
petition filed pursuant to Section 300 to qualify for placement in a
whole family foster home.
(u) "Mutual agreement" means any of the following:
(1) A written voluntary agreement of consent for continued
placement and care in a supervised setting between a minor or, on and
after January 1, 2012, a nonminor dependent, and the county welfare
services or probation department or tribal agency responsible for the
foster care placement, that documents the nonminor's continued
willingness to remain in supervised out-of-home placement under the
placement and care of the responsible county, tribe, consortium of
tribes, or tribal organization that has entered into an agreement
with the state pursuant to Section 10553.1, remain under the
jurisdiction of the juvenile court as a nonminor dependent, and
report any change of circumstances relevant to continued eligibility
for foster care payments, and that documents the 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 independent living case plan.
(2) An agreement, as described in paragraph (1), between a
nonminor former dependent or ward in receipt of Kin-GAP payments
under Article 4.5 (commencing with Section 11360) or Article 4.7
(commencing with Section 11385), and the agency responsible for the
Kin-GAP benefits, provided that the nonminor former dependent or ward
satisfies the conditions described in Section 11403.01, or one or
more of the conditions described in paragraphs (1) to (5), inclusive,
of subdivision (b) of Section 11403. For purposes of this paragraph
and paragraph (3), "nonminor former dependent or ward" has the same
meaning as described in subdivision (aa).
(3) An agreement, as described in paragraph (1), between a
nonminor former dependent or ward in receipt of AFDC-FC payments
under subdivision (e) or (f) of Section 11405 and the agency
responsible for the AFDC-FC benefits, provided that the nonminor
former dependent or ward described in subdivision (e) of Section
11405 satisfies one or more of the conditions described in paragraphs
(1) to (5), inclusive, of subdivision (b) of Section 11403, and the
nonminor described in subdivision (f) of Section 11405 satisfies the
secondary school or equivalent training or certificate program
conditions described in that subdivision.
(v) "Nonminor dependent" means, on and after January 1, 2012, a
foster child, as described in Section 675(8)(B) of Title 42 of the
United States Code under the federal Social Security Act who is a
current dependent child or ward of the juvenile court, or a nonminor
under the transition jurisdiction of the juvenile court, as described
in Section 450, who satisfies all of the following criteria:
(1) He or she has attained 18 years of age while under an order of
foster care placement by the juvenile court, and is not more than 19
years of age on or after January 1, 2012, not more than 20 years of
age on or after January 1, 2013, or not more than 21 years of age on
or after January 1, 2014, and as described in Section 10103.5.
(2) He or she is in foster care under the placement and care
responsibility of the county welfare department, county probation
department, Indian tribe, consortium of tribes, or tribal
organization that entered into an agreement pursuant to Section
10553.1.
(3) He or she 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 federal
Fostering Connections to Success and Increasing Adoptions Act of 2008
(Public Law 110-351), as described in Section 11403.
(w) "Supervised independent living placement" means, on and after
January 1, 2012, an independent 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) "Supervised independent living setting," pursuant to Section
472(c)(2) of the federal Social Security Act (42 U.S.C. Sec. 672(c)
(2)), includes both a supervised independent living placement, as
defined in subdivision (w), and a residential housing unit certified
by the transitional housing placement provider operating a
Transitional Housing Placement-Plus Foster Care program, as described
in paragraph (2) of subdivision (a) of Section 16522.1.
(y) "Transitional independent living case plan" means, on or after
January 1, 2012, the nonminor dependent's case plan, updated every
six months, that describes the goals and objectives of how the
nonminor will make progress in the transition to living independently
and assume incremental responsibility for adult decisionmaking, the
collaborative efforts between the nonminor and the social worker,
probation officer, or Indian tribal placing entity and the supportive
services as described in the transitional independent living plan
(TILP) to ensure active and meaningful participation in one or more
of the eligibility criteria described in paragraphs (1) to (5),
inclusive, of subdivision (b) of Section 11403, the nonminor's
appropriate supervised placement setting, and the nonminor's
permanent plan for transition to living independently, which includes
maintaining or obtaining permanent connections to caring and
committed adults, as set forth in paragraph (16) of subdivision (f)
of Section 16501.1.
(z) "Voluntary reentry agreement" means a written voluntary
agreement between a former dependent child or ward or a former
nonminor dependent, who has had juvenile court jurisdiction
terminated pursuant to Section 391, 452, or 607.2, and the county
welfare or probation department or tribal placing entity that
documents the nonminor's desire and willingness to reenter foster
care, to be placed in a supervised setting under the placement and
care responsibility of the placing agency, the nonminor's desire,
willingness, and ability to immediately participate in one or more of
the conditions of paragraphs (1) to (5), inclusive, of subdivision
(b) of Section 11403, the nonminor's agreement to work
collaboratively with the placing agency to develop his or her
transitional independent living case plan within 60 days of reentry,
the nonminor's agreement to report any changes of circumstances
relevant to continued eligibility for foster care payments, and (1)
the nonminor's agreement to participate in the filing of a petition
for juvenile court jurisdiction as a nonminor dependent pursuant to
subdivision (e) of Section 388 within 15 judicial days of the signing
of the agreement and the placing agency's efforts and supportive
services to assist the nonminor in the reentry process, or (2) if the
nonminor meets the definition of a nonminor former dependent or
ward, as described in subdivision (aa), the nonminor's agreement to
return to the care and support of his or her former juvenile
court-appointed guardian and meet the eligibility criteria for
AFDC-FC pursuant to subdivision (e) of Section 11405.
(aa) "Nonminor former dependent or ward" means, on and after
January 1, 2012, either of the following:
(1) A nonminor who reached 18 years of age while subject to an
order for foster care placement, and for whom dependency,
delinquency, or transition jurisdiction has been terminated, and who
is still under the general jurisdiction of the court.
(2) A nonminor who is over 18 years of age and, while a minor, was
a dependent child or ward of the juvenile court when the
guardianship was established pursuant to Section 360 or 366.26, or
subdivision (d), of Section 728 and the juvenile court dependency or
wardship was dismissed following the establishment of the
guardianship.
(ab) "Runaway and homeless youth shelter" means a type of group
home, as defined in paragraph (14) of subdivision (a) of Section 1502
of the Health and Safety Code, that is not an eligible placement
option under Sections 319, 361.2, 450, and 727, and that is not
eligible for AFDC-FC funding pursuant to subdivision (c) of Section
11402 or Section 11462.
SEC. 7.5. Section 11400 of the Welfare and Institutions Code is
amended to read:
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 residence of a licensee in
which 24-hour care and supervision are provided for children.
(e) "Small family home" means any residential facility, in the
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 accepts children
in need of care and supervision in a group home, as defined by
paragraph (13) of subdivision (a) of Section 1502 of the Health and
Safety Code.
(i) "Periodic review" means review of a 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) (1) "Transitional housing placement provider" means an
organization licensed by the State Department of Social Services
pursuant to Section 1559.110 of the Health and Safety Code, to
provide transitional housing to foster children at least 16 years of
age and not more than 18 years of age, and nonminor dependents, as
defined in subdivision (v). A transitional housing placement provider
shall be privately operated and organized on a nonprofit basis.
(2) Prior to licensure, a provider shall obtain certification from
the applicable county, in accordance with Section 16522.1.
(s) "Transitional Housing Program-Plus" means a provider certified
by the applicable county, in accordance with subdivision (c) of
Section 16522, to provide transitional housing services to former
foster youth who have exited the foster care system on or after their
18th birthday.
(t) "Whole family foster home" means a 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 360 or 366.26,
certified family home, or a host family home placement of a
transitional housing placement provider, that provides foster care
for a minor or nonminor dependent parent and his or her child, and is
specifically recruited and trained to assist the minor or nonminor
dependent parent in developing the skills necessary to provide a
safe, stable, and permanent home for his or her child. The child of
the minor or nonminor dependent parent need not be the subject of a
petition filed pursuant to Section 300 to qualify for placement in a
whole family foster home.
(u) "Mutual agreement" means any of the following:
(1) A written voluntary agreement of consent for continued
placement and care in a supervised setting between a minor or, on and
after January 1, 2012, a nonminor dependent, and the county welfare
services or probation department or tribal agency responsible for the
foster care placement, that documents the nonminor's continued
willingness to remain in supervised out-of-home placement under the
placement and care of the responsible county, tribe, consortium of
tribes, or tribal organization that has entered into an agreement
with the state pursuant to Section 10553.1, remain under the
jurisdiction of the juvenile court as a nonminor dependent, and
report any change of circumstances relevant to continued eligibility
for foster care payments, and that documents the 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 independent living case plan.
(2) An agreement, as described in paragraph (1), between a
nonminor former dependent or ward in receipt of Kin-GAP payments
under Article 4.5 (commencing with Section 11360) or Article 4.7
(commencing with Section 11385), and the agency responsible for the
Kin-GAP benefits, provided that the nonminor former dependent or ward
satisfies the conditions described in Section 11403.01, or one or
more of the conditions described in paragraphs (1) to (5), inclusive,
of subdivision (b) of Section 11403. For purposes of this paragraph
and paragraph (3), "nonminor former dependent or ward" has the same
meaning as described in subdivision (aa).
(3) An agreement, as described in paragraph (1), between a
nonminor former dependent or ward in receipt of AFDC-FC payments
under subdivision (e) or (f) of Section 11405 and the agency
responsible for the AFDC-FC benefits, provided that the nonminor
former dependent or ward described in subdivision (e) of Section
11405 satisfies one or more of the conditions described in paragraphs
(1) to (5), inclusive, of subdivision (b) of Section 11403, and the
nonminor described in subdivision (f) of Section 11405 satisfies the
secondary school or equivalent training or certificate program
conditions described in that subdivision.
(v) "Nonminor dependent" means, on and after January 1, 2012, a
foster child, as described in Section 675(8)(B) of Title 42 of the
United States Code under the federal Social Security Act who is a
current dependent child or ward of the juvenile court, or a nonminor
under the transition jurisdiction of the juvenile court, as described
in Section 450, who satisfies all of the following criteria:
(1) He or she has attained 18 years of age while under an order of
foster care placement by the juvenile court, and is not more than 19
years of age on or after January 1, 2012, not more than 20 years of
age on or after January 1, 2013, or not more than 21 years of age on
or after January 1, 2014, and as described in Section 10103.5.
(2) He or she is in foster care under the placement and care
responsibility of the county welfare department, county probation
department, Indian tribe, consortium of tribes, or tribal
organization that entered into an agreement pursuant to Section
10553.1.
(3) He or she has a transitional independent living case plan
pursuant to Section 475(8) of the federal Social Security Act (42
U.S.C. Sec. 675(8)), as contained in the federal Fostering
Connections to Success and Increasing Adoptions Act of 2008 (Public
Law 110-351), as described in Section 11403.
(w) "Supervised independent living placement" means, on and after
January 1, 2012, an independent 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) "Supervised independent living setting," pursuant to Section
472(c)(2) of the federal Social Security Act (42 U.S.C. Sec. 672(c)
(2)), includes both a supervised independent living placement, as
defined in subdivision (w), and a residential housing unit certified
by the transitional housing placement provider operating a
Transitional Housing Placement-Plus Foster Care program, as described
in paragraph (2) of subdivision (a) of Section 16522.1.
(y) "Transitional independent living case plan" means, on or after
January 1, 2012, a child's case plan submitted for the last review
hearing held before he or she reaches 18 years of age or the nonminor
dependent's case plan, updated every six months, that describes the
goals and objectives of how the nonminor will make progress in the
transition to living independently and assume incremental
responsibility for adult decisionmaking, the collaborative efforts
between the nonminor and the social worker, probation officer, or
Indian tribal placing entity and the supportive services as described
in the transitional independent living plan (TILP) to ensure active
and meaningful participation in one or more of the eligibility
criteria described in paragraphs (1) to (5), inclusive, of
subdivision (b) of Section 11403, the nonminor's appropriate
supervised placement setting, and the nonminor's permanent plan for
transition to living independently, which includes maintaining or
obtaining permanent connections to caring and committed adults, as
set forth in paragraph (16) of subdivision (f) of Section 16501.1.
(z) "Voluntary reentry agreement" means a written voluntary
agreement between a former dependent child or ward or a former
nonminor dependent, who has had juvenile court jurisdiction
terminated pursuant to Section 391, 452, or 607.2, and the county
welfare or probation department or tribal placing entity that
documents the nonminor's desire and willingness to reenter foster
care, to be placed in a supervised setting under the placement and
care responsibility of the placing agency, the nonminor's desire,
willingness, and ability to immediately participate in one or more of
the conditions of paragraphs (1) to (5), inclusive, of subdivision
(b) of Section 11403, the nonminor's agreement to work
collaboratively with the placing agency to develop his or her
transitional independent living case plan within 60 days of reentry,
the nonminor's agreement to report any changes of circumstances
relevant to continued eligibility for foster care payments, and (1)
the nonminor's agreement to participate in the filing of a petition
for juvenile court jurisdiction as a nonminor dependent pursuant to
subdivision (e) of Section 388 within 15 judicial days of the signing
of the agreement and the placing agency's efforts and supportive
services to assist the nonminor in the reentry process, or (2) if the
nonminor meets the definition of a nonminor former dependent or
ward, as described in subdivision (aa), the nonminor's agreement to
return to the care and support of his or her former juvenile
court-appointed guardian and meet the eligibility criteria for
AFDC-FC pursuant to subdivision (e) of Section 11405.
(aa) "Nonminor former dependent or ward" means, on and after
January 1, 2012, either of the following:
(1) A nonminor who reached 18 years of age while subject to an
order for foster care placement, and for whom dependency,
delinquency, or transition jurisdiction has been terminated, and who
is still under the general jurisdiction of the court.
(2) A nonminor who is over 18 years of age and, while a minor, was
a dependent child or ward of the juvenile court when the
guardianship was established pursuant to Section 360 or 366.26, or
subdivision (d), of Section 728 and the juvenile court dependency or
wardship was dismissed following the establishment of the
guardianship.
(ab) "Runaway and homeless youth shelter" means a type of group
home, as defined in paragraph (14) of subdivision (a) of Section 1502
of the Health and Safety Code, that is not an eligible placement
option under Sections 319, 361.2, 450, and 727, and that is not
eligible for AFDC-FC funding pursuant to subdivision (c) of Section
11402 or Section 11462.
(ac) "Transition dependent" is a minor between 17 years and five
months and 18 years of age who is subject to the court's transition
jurisdiction under Section 450.
SEC. 8. Section 11402 of the Welfare and Institutions Code is
amended to read:
11402. In order to be eligible for AFDC-FC, a child or nonminor
dependent 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, excluding a runaway and homeless youth shelter as
defined in subdivision (ab) 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 housing model certified by a licensed transitional housing
placement provider as described in Section 1559.110 of the Health and
Safety Code and as defined in subdivision (r) 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) An approved supervised independent living setting for nonminor
dependents, as defined in subdivision (w) of Section 11400.
(i) This section shall become operative on July 1, 2012.
SEC. 9. (a) Section 6.5 of this bill incorporates amendments to
Section 727 of the Welfare and Institutions Code proposed by both
this bill and Assembly Bill 787. It shall only become operative if
(1) both bills are enacted and become effective on or before January
1, 2014, (2) each bill amends Section 727 of the Welfare and
Institutions Code, and (3) this bill is enacted after Assembly Bill
787, in which case Section 6 of this bill shall not become operative.
(b) Section 7.5 of this bill incorporates amendments to Section
11400 of the Welfare and Institutions Code proposed by both this bill
and Assembly Bill 787. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2014,
(2) each bill amends Section 11400 of the Welfare and Institutions
Code, and (3) this bill is enacted after Assembly Bill 787, in which
case Section 7 of this bill shall not become operative.
SEC. 10. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
