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AB-1187 Foster care funds: subsidized child care for foster parents.(2013-2014)

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CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 1187


Introduced by Assembly Member Mansoor

February 22, 2013


An act to amend Sections 11410 and 15200.5 of, and to add Section 11410.5 to, the Welfare and Institutions Code, relating to foster care.


LEGISLATIVE COUNSEL'S DIGEST


AB 1187, as introduced, Mansoor. Foster care funds: subsidized child care for foster parents.
Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. Existing law requires the county to amend its foster care state plan to authorize counties that elect to subsidize child care for foster parents to use specified federal matching funds for that purpose. Under existing law, the county is responsible for 100% of the nonfederal share of payments to foster parents for this purpose.
Existing law, the Child Care and Development Services Act, provides child care and development services to children from birth to 13 years of age, inclusive, and their parents, through full- and part-time programs, as specified. The act requires the Superintendent of Public Instruction to adopt rules and regulations on eligibility, enrollment, and priority of services needed to implement those programs, and gives priority to neglected or abused children who are recipients of child protective services, or children who are at risk of being neglected or abused, as specified. Existing law also establishes the After School Education and Safety Program for the purpose of creating incentives for establishing locally driven before and after school enrichment programs during schooldays and summer, intersession, or vacation days that partner public schools and communities to provide academic and literacy support and safe, constructive alternatives for youth.
This bill would require the State Department of Social Services to amend its foster care state plan to authorize the use of designated state child care and development funds administered by the State Department of Education and After School Education and Safety Program funds, in addition to county funds, as the nonfederal match for specified child care for children receiving protective services, foster children, and children at risk of abuse and neglect, pursuant to criteria specified in the bill. The bill would make conforming changes to the law relating to the payment of the nonfederal share of these costs.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 11410 of the Welfare and Institutions Code is amended to read:

11410.
 (a) The department shall amend the foster care state plan, required under Subtitle IV-E (commencing with Section 470) of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.), to authorize counties that elect to subsidize child care for foster parents to use federal matching funds under Subtitle IV-E for that purpose.
(b) When approved by the federal government, counties electing to administer the Foster Parent Child Care Program shall follow the guidelines developed by the State Department of Social Services.
(c) Federal funds used by a county pursuant to this section shall be matched only either by county funds pursuant to Section 15200.5. 15200.5, or by funds made available pursuant to Section 11410.5, or by a combination of those funds. State general funds, other than funds described in this subdivision, shall not be used for purposes of a match for those federal funds.

SEC. 2.

 Section 11410.5 is added to the Welfare and Institutions Code, to read:

11410.5.
 (a) The department shall amend the foster care state plan required under Subtitle IV-E (commencing with Section 470) of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.) to authorize the use of any combination of both of the following as the nonfederal match for Title IV-E child care funds for children receiving protective services, foster children, and children at risk of abuse and neglect:
(1) State child care and development funds administered by the child development division of the State Department of Education that are not being used for any other nonfederal match.
(2) After School Education and Safety Program funds allocated for the purposes described in Article 22.5 (commencing with Section 8482) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code that are not being used for any other nonfederal match.
(b) If funds described in subdivision (a) are to be used as the nonfederal match for Title IV-E, the county shall do all of the following:
(1) Contract with a local child care agency that is contracted with the State Department of Education, or an After School Education and Safety Program agency that is willing to participate.
(2) Claim the full child care costs of federally eligible Title IV-E children, at a rate commensurate with regional child care and development costs.
(3) Provide the full federal Title IV-E funding to the local contractor. The local contractor shall use the funds provided as the nonfederal match and enroll and serve children identified by the county as children receiving protective services, foster children, or children at risk of abuse or neglect.
(4) Consult with the State Department of Education to ensure that the child development division contractor or the After School Education and Safety Program contractor is in good standing with the State Department of Education, all federal Title IV-E funds are used to enhance the program funded by the State Department of Education, and the child development division contractor or the After School Education and Safety Program contractor does not charge twice for the same services.

SEC. 3.

 Section 15200.5 of the Welfare and Institutions Code is amended to read:

15200.5.
 (a) Notwithstanding the provisions of subdivision (c) of Section 15200, and except as provided in subdivision (b), the county shall may elect to be responsible for 100 percent of the nonfederal share of payments to needy children eligible for AFDC-FC under the conditions of Section 11402.5, and for payments made to foster parents pursuant to Section 11410.
(b)  A county also may use funds made available pursuant to Section 11410.5 for the nonfederal share of payments made to foster parents pursuant to Section 11410.