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AB-2844 Incarcerated minors: benefits.(1993-1994)

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Assembly Bill No. 2844
CHAPTER 1042

An act to add Sections 857, 1764.5, 11450.10, and 11450.11 to the Welfare and Institutions Code, relating to minors.

[ Filed with Secretary of State  September 29, 1994. Approved by Governor  September 28, 1994. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2844, Cannella. Incarcerated minors: benefits.
Existing law provides for the Aid to Families with Dependent Children (AFDC) program, under the administration of the State Department of Social Services, and pursuant to which each county provides cash assistance and other benefits to qualified low-income families. Each county is required to pay a share of the cost of both aid grant and administrative costs for the AFDC program.
Existing law requires the board of supervisors in every county to provide a juvenile hall for the detention of wards and dependent children of the juvenile court and of persons alleged to come within the jurisdiction of the juvenile court.
This bill would provide that whenever any minor is incarcerated in a juvenile hall or other county juvenile facility or by the Youth Authority, for a period of at least 30 consecutive days, the county facility would be permitted and the Youth Authority would be required to inform the department of the minor’s name, date of birth, and social security number.
The bill would require the department to determine whether these minors are part of a family receiving AFDC benefits, and if so, to notify the county welfare department in the county in which the minor resides. It would require the county welfare department to seek reimbursement of any overpayments pursuant to existing law and regulation.

The people of the State of California do enact as follows:


SECTION 1.

 Section 857 is added to the Welfare and Institutions Code, to read:

857.
 Whenever a minor is incarcerated in a juvenile hall or other county juvenile facility for a period of at least 30 consecutive days, the facility may inform the State Department of Social Services of the name, date of birth, and social security number of the incarcerated person.

SEC. 2.

 Section 1764.5 is added to the Welfare and Institutions Code, to read:

1764.5.
 Whenever a minor is incarcerated in a Youth Authority facility for a period of at least 30 consecutive days, the Youth Authority shall inform the State Department of Social Services of the name, date of birth, social security number, and county of residence of the incarcerated person.

SEC. 3.

 Section 11450.10 is added to the Welfare and Institutions Code, to read:

11450.10.
 Whenever the department is informed pursuant to either Section 857 or 1764.5 that a minor is being incarcerated for a period of at least 30 consecutive days, the department shall determine whether the minor is a part of a family for whom benefits are being received pursuant to Section 11450. In any case where it is determined that a child identified pursuant to this section is a part of a family for whom aid is being received pursuant to Section 11450, the department shall notify the county welfare department in the county in which the incarcerated youth resides prior to the first day of the month following the receipt of the notification by the Youth Authority or by juvenile hall, or by the county juvenile facility.

SEC. 4.

 Section 11450.11 is added to the Welfare and Institutions Code, to read:

11450.11.
 Whenever a county welfare department is informed that a child who is incarcerated is also a member of a family receiving benefits pursuant to Section 11450, the county welfare department shall seek reimbursement of any overpayments pursuant to existing law and regulation.