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AB-766 Foster youth: students of the California State University and California Community Colleges.(2017-2018)

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Date Published: 09/15/2017 09:00 PM
AB766:v93#DOCUMENT

Enrolled  September 15, 2017
Passed  IN  Senate  September 11, 2017
Passed  IN  Assembly  September 13, 2017
Amended  IN  Senate  September 05, 2017
Amended  IN  Senate  July 19, 2017
Amended  IN  Senate  July 03, 2017
Amended  IN  Senate  June 20, 2017
Amended  IN  Assembly  March 27, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 766


Introduced by Assembly Member Friedman

February 15, 2017


An act to add Section 66021.5 to the Education Code, and to amend Section 11402 of, and to add Section 11402.7 to, the Welfare and Institutions Code, relating to foster care.


LEGISLATIVE COUNSEL'S DIGEST


AB 766, Friedman. Foster youth: students of the California State University and California Community Colleges.
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. The program is funded by a combination of federal, state, and county funds. In order to be eligible for AFDC-FC, existing law requires a child or nonminor dependent to be placed in one of several specified placements, including, for nonminor dependents, a supervised independent living setting. Existing law authorizes a nonminor dependent to receive all of his or her AFDC-FC payment directly if he or she is living in a supervised independent living placement and he or she complies with certain requirements.
This bill would establish, as an additional AFDC-FC eligible placement for specified minor dependents enrolled in a postsecondary educational institution, a dormitory or other designated housing of the postsecondary educational institution in which the minor dependent is living independently. The bill would authorize the minor dependent to receive the AFDC-FC payment directly, if specified conditions are met. The bill would specify that a minor receiving court-ordered reunification services would be ineligible for a placement described in the bill, under prescribed circumstances. The bill would provide that federal financial participation would not be available for placements under the bill, unless otherwise authorized. By imposing additional duties on county social workers and probation officers, this bill would impose a state-mandated local program.
Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in the state. Existing law authorizes the trustees by rule to require all persons to pay fees, rents, deposits, and charges for services, facilities, or materials provided by the trustees to those persons. Under existing law, the trustees may waive or reduce tuition and other fees under certain circumstances.
Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state, and authorizes the establishment of community college districts under the administration of community college governing boards. Existing law requires the governing board to charge each student a prescribed fee per unit per semester, but waives that fee requirement for students who meet minimum academic and progress standards adopted by the board of governors and meet at least one of other specified additional requirements.
This bill would require the California State University and campuses of the California Community Colleges to disregard the AFDC-FC payments provided for in the bill when determining eligibility for financial aid, as specified, for a minor who is living independently in a dormitory or other designated housing of a postsecondary educational institution, as described in the bill. The bill also would declare the intent of the Legislature that payments received by a minor as authorized by the bill not be counted as income by any public or private postsecondary educational institution in the state for the purposes of the minor’s financial aid determination, as specified. To the extent that these provisions would impose new duties on community college districts, it would constitute a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
This bill would incorporate additional changes to Section 11402 of the Welfare and Institutions Code proposed by SB 612 to be operative only if this bill and SB 612 are enacted and this bill is enacted last.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 66021.5 is added to the Education Code, to read:

66021.5.
 Notwithstanding any other law, payments made, pursuant to subdivision (a) of Section 11402.7 of the Welfare and Institutions Code, to a student or applicant for enrollment shall not be considered when the California State University or a campus of the California Community Colleges determines eligibility for a waiver of fees, or any other financial aid, for a minor who is living in a dormitory or other designated housing of the institution he or she attends, as described in Section 11402.7 of the Welfare and Institutions Code.

SEC. 2.

 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) Prior to January 1, 2020:
(1) The approved home of a relative, provided the child or youth is otherwise eligible for federal financial participation in the AFDC-FC payment.
(2) The approved home of a nonrelative extended family member, as described in Section 362.7.
(3) The licensed family home of a nonrelative.
(b) The approved home of a resource family, as defined in Section 16519.5, if either of the following is true:
(1) The caregiver is a nonrelative.
(2) The caregiver is a relative, and the child or youth is otherwise eligible for federal financial participation in the AFDC-FC payment.
(c) A small family home, as defined in paragraph (6) of subdivision (a) of Section 1502 of the Health and Safety Code.
(d) 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.
(e) An approved supervised independent living setting for nonminor dependents, as described in subdivision (w) of Section 11400.
(f) A licensed foster family agency, as defined in subdivision (g) of Section 11400 and paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code, for placement into a certified or approved home used exclusively by the foster family agency.
(g) A short-term residential therapeutic program licensed as a community care facility, as defined in subdivision (ad) of Section 11400 and paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code.
(h) An out-of-state group home that meets the requirements of paragraph (2) of subdivision (c) of Section 11460, provided that the placement worker, in addition to complying with all other statutory requirements for placing a child or youth in an out-of-state group home, documents that the requirements of Section 7911.1 of the Family Code have been met.
(i) A community treatment facility set forth in Article 5 (commencing with Section 4094) of Chapter 3 of Part 1 of Division 4.
(j) A community care facility licensed pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code and vendored by a regional center pursuant to Section 56004 of Title 17 of the California Code of Regulations.
(k) The home of a nonrelated legal guardian or the home of a former nonrelated legal guardian when the guardianship of a child or youth who is otherwise eligible for AFDC-FC has been dismissed due to the child or youth attaining 18 years of age.
(l) A dormitory or other designated housing of a postsecondary educational institution in which a minor dependent who is enrolled at the postsecondary educational institution is living independently, as described in Section 11402.7.

SEC. 2.5.

 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) Prior to January 1, 2020:
(1) The approved home of a relative, provided the child or youth is otherwise eligible for federal financial participation in the AFDC-FC payment.
(2) The approved home of a nonrelative extended family member, as described in Section 362.7.
(3) The licensed family home of a nonrelative.
(b) The approved home of a resource family, as defined in Section 16519.5, if either of the following is true:
(1) The caregiver is a nonrelative.
(2) The caregiver is a relative, and the child or youth is otherwise eligible for federal financial participation in the AFDC-FC payment.
(c) A small family home, as defined in paragraph (6) of subdivision (a) of Section 1502 of the Health and Safety Code.
(d) A housing unit, as described in Section 1559.110 of the Health and Safety Code, certified by a licensed transitional housing placement provider, as defined in paragraph (12) of subdivision (a) of Section 1502 of the Health and Safety Code and subdivision (r) of Section 11400.
(e) An approved supervised independent living setting for nonminor dependents, as described in subdivision (w) of Section 11400.
(f) A licensed foster family agency, as defined in subdivision (g) of Section 11400 and paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code, for placement into a certified or approved home used exclusively by the foster family agency.
(g) A short-term residential therapeutic program, as defined in subdivision (ad) of Section 11400 and paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code.
(h) An out-of-state group home that meets the requirements of paragraph (2) of subdivision (c) of Section 11460, provided that the placement worker, in addition to complying with all other statutory requirements for placing a child or youth in an out-of-state group home, documents that the requirements of Section 7911.1 of the Family Code have been met.
(i) A community treatment facility, as defined in paragraph (8) of subdivision (a) of Section 1502 of the Health and Safety Code, and as set forth in Article 5 (commencing with Section 4094) of Chapter 3 of Part 1 of Division 4.
(j) A community care facility licensed pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code and vendored by a regional center pursuant to Section 56004 of Title 17 of the California Code of Regulations.
(k) The home of a nonrelated legal guardian or the home of a former nonrelated legal guardian when the guardianship of a child or youth who is otherwise eligible for AFDC-FC has been dismissed due to the child or youth attaining 18 years of age.
(l) A dormitory or other designated housing of a postsecondary educational institution in which a minor dependent who is enrolled at the postsecondary educational institution is living independently, as described in Section 11402.7.

SEC. 3.

 Section 11402.7 is added to the Welfare and Institutions Code, to read:

11402.7.
 (a) Notwithstanding any other law, a minor dependent at least 16 years of age who is otherwise eligible for AFDC-FC benefits, as described in Section 11401, may be eligible to receive his or her AFDC-FC payment directly, if all of the following conditions apply:
(1) The minor is enrolled in a postsecondary educational institution.
(2) The minor is living independently in a dormitory or other designated housing of the postsecondary educational institution.
(3) The placement is made pursuant to a supervised placement agreement and transitional independent living plan, as described in paragraph (16) of subdivision (g) of Section 16501.1.
(b) A minor receiving court-ordered reunification services shall not be eligible to live independently in postsecondary educational institutional housing pursuant to this section if the court finds that the placement would impede reunification efforts.
(c) Unless otherwise authorized by federal law, federal financial participation shall not be available for placements described in this section.
(d) (1) It is the intent of the Legislature that payments received by a minor pursuant to subdivision (a) shall not be counted as income by any public or private postsecondary educational institution in the state for the purposes of the minor’s financial aid determination.
(2) The California State University and the California Community Colleges shall not consider the payments described in subdivision (a) when determining eligibility for financial aid, as provided in Section 66021.5 of the Education Code.

SEC. 4.

 To the extent that this act has an overall effect of increasing certain costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SEC. 5.

 Section 2.5 of this bill incorporates amendments to Section 11402 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 612. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2018, (2) each bill amends Section 11402 of the Welfare and Institutions Code, and (3) this bill is enacted after Senate Bill 612, in which case Section 2 of this bill shall not become operative.