Today's Law As Amended


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AB-423 CalWORKs: relative caregivers.(2015-2016)



As Amends the Law Today


SECTION 1.

 Section 309 of the Welfare and Institutions Code is amended to read:

309.
 (a) Upon delivery to the social worker of a child who has been taken into temporary custody under this article, the social worker shall immediately investigate the circumstances of the child and the facts surrounding the child’s being taken into custody and attempt to maintain the child with the child’s family through the provision of services. The social worker shall immediately release the child to the custody of the child’s parent, guardian, Indian custodian,  or responsible  relative, regardless of the parent’s, guardian’s, Indian custodian’s,  or relative’s immigration status, unless one or more of the following conditions exist:
(1) The child has no parent, guardian, Indian custodian, or relative  or responsible relative; or the child’s parent, guardian, or responsible relative is not  willing to provide care for the child.
(2) Continued detention of the child is a matter of immediate and urgent necessity for the protection of the child and there are no reasonable means by which the child can be protected in his or her home or the home of a responsible  relative.
(3) If it is known or there is reason to know the child is an Indian child, the child has been physically removed from the custody of a parent or parents or an Indian custodian, continued detention of the child continues to be necessary to prevent imminent physical damage or harm to the child, and there are no reasonable means by which the child can be protected if maintained in the physical custody of his or her parent or parents or Indian custodian.
(4) (3)  There is substantial evidence that a parent, guardian, or custodian of the child is likely to flee the jurisdiction of the court, and, in the case of an Indian child, fleeing the jurisdiction will place the child at risk of imminent physical damage or harm. court. 
(5) (4)  The child has left a placement in which he or she was placed by the juvenile court.
(6) (5)  The parent or other person having lawful custody of the child voluntarily surrendered physical custody of the child pursuant to Section 1255.7 of the Health and Safety Code and did not reclaim the child within the 14-day period specified in subdivision (g) of that section.
(b) In any case in which there is reasonable cause for believing that a child who is under the care of a physician and surgeon or a hospital, clinic, or other medical facility,  facility and  cannot be immediately moved, moved  and is a person described in Section 300, the child shall be deemed to have been taken into temporary custody and delivered to the social worker for the purposes of this chapter while the child is at the office of the physician and surgeon or the medical facility.
(c) If the child is not released to his or her parent or guardian, the child shall be deemed detained for purposes of this chapter.
(d) (1) If a  an able and willing  relative, as defined in Section 319, an extended family member of an Indian child, as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.), or a  or an able and willing  nonrelative extended family member, as defined in Section 362.7, is available and requests emergency temporary  placement of the child pending the detention hearing, or after the detention hearing and pending the dispositional hearing conducted pursuant to Section 358, the county welfare department shall initiate an assessment of the relative’s or nonrelative extended family member’s suitability for emergency placement pursuant to Section 361.4. suitability, which shall include an in-home inspection to assess the safety of the home and the ability of the relative or nonrelative extended family member to care for the child’s needs, and a consideration of the results of a criminal records check conducted pursuant to subdivision (a) of Section 16504.5 and a check of allegations of prior child abuse or neglect concerning the relative or nonrelative extended family member and other adults in the home. A relative’s identification card from a foreign consulate or foreign passport shall be considered a valid form of identification for conducting a criminal records check and fingerprint clearance check under this subdivision. Upon completion of this assessment, the child may be placed in the assessed home. For purposes of this paragraph, and except for the criminal records check conducted pursuant to subdivision (a) of Section 16504.5, the standards used to determine suitability shall be the same standards set forth in the regulations for the licensing of foster family homes. 
(2) (A) Immediately following the placement of a child in the home of a relative, the county shall initiate an application for CalWORKs pursuant to Article 2 (commencing with Section 11250) on behalf of the child in order to ensure that the child receives funding while eligibility determinations for other benefits are pending. The county shall utilize the shortened CalWORKs application and simplified CalWORKs eligibility standards that pertain to determining a foster child’s CalWORKs eligibility pursuant to Sections 11253.4 and 11461.3. The application date for CalWORKs and the beginning date of aid shall be the date the child was placed with the relative. If the relative caregiver is also needy, the relative caregiver shall be responsible for applying for CalWORKs benefits to cover his or her own needs.
(2) (B)  Upon completion of the assessment pursuant to Section 361.4, the child may be placed in the home on an emergency basis. Following the emergency placement of the child, the  Concurrently with initiating the application for CalWORKs pursuant to this paragraph, the  county welfare department shall also  evaluate and approve or deny the home for purposes of AFDC-FC eligibility  pursuant to Section 16519.5. If the home in which the Indian  11402. The placing agency shall initiate the application for AFDC-FC and determine eligibility. If the child is found to be ineligible for AFDC-FC, the county shall initiate and complete the application for, and determine eligibility for, the Approved Relative Caregiver Funding Option Program if the  child is placed is licensed or approved by the child’s tribe, the provisions of Section 16519.5 do not apply for further approval. The county shall require the relative or nonrelative extended family member to submit an application for approval as a resource family and initiate the home environment assessment no later than five business  with a relative and the county has opted into the program pursuant to Section 11461.3. If an application was submitted for purposes of determining CalWORKs eligibility pursuant to subparagraph (A) that contains all necessary information to determine eligibility for the Approved Relative Caregiver Funding Option Program, a new application need not be initiated for purposes of complying with this subparagraph. The beginning date of aid for the approved relative caregiver funding shall be either the date of placement or the date of approval of the home pursuant to this paragraph, whichever is later, but shall not be later than 30 days after the date of placement unless the county documents the need for additional time to complete the home approval process because of a need to obtain additional records or documentation to determine whether a criminal conviction can be waived, or because of another, similar circumstance. If additional time is necessary, the beginning date of aid for the Approved Relative Caregiver Funding Option Program shall be the date of approval of the home, but shall not be any later than 120  days after the placement. date of placement. If the child is transferring from CalWORKs to the Approved Relative Caregiver Funding Option Program, but remains in the home of the same relative caregiver, the effective date of program transfer is the first of the month following the request to change programs. 
(C) If the county determines that the child is not eligible for AFDC-FC benefits, the county welfare department shall explain the specific basis for this determination and shall screen the child for eligibility for the federal Supplemental Security Income program in accordance with Section 13758.
(3) The standards used to evaluate and grant or deny approval of the home of the relative and of the home of a nonrelative extended family member, as described in Section 362.7, shall be the same standards set forth in regulations for the licensing of foster family homes which prescribe standards of safety and sanitation for the physical plant and standards for basic personal care, supervision, and services provided by the caregiver.
(4) To the extent allowed by federal law, as a condition of receiving funding under Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.), if a relative or nonrelative extended family member meets all other conditions for approval, except for the receipt of the Federal Bureau of Investigation’s criminal history information for the relative or nonrelative extended family member, and other adults in the home, as indicated, the county welfare department may approve the home and document that approval, if the relative or nonrelative extended family member, and each adult in the home, has signed and submitted a statement that he or she has never been convicted of a crime in the United States, other than a traffic infraction as defined in paragraph (1) of subdivision (a) of Section 42001 of the Vehicle Code. If, after the approval has been granted, the department determines that the relative or nonrelative extended family member or other adult in the home has a criminal record, the approval may be terminated.
(5) If the criminal records check indicates that the person has been convicted of a crime for which the Director of Social Services cannot grant an exemption under Section 1522 of the Health and Safety Code, the child shall not be placed in the home. If the criminal records check indicates that the person has been convicted of a crime for which the Director of Social Services may grant an exemption under Section 1522 of the Health and Safety Code, the child shall not be placed in the home unless a criminal records exemption has been granted by the county based on substantial and convincing evidence to support a reasonable belief that the person with the criminal conviction is of such good character as to justify the placement and not present a risk of harm to the child.
(e) (1) If the child is removed, the social worker shall conduct, within 30 days, an investigation in order to identify and locate all grandparents, parents of a sibling of the child, if the parent has legal custody of the sibling, adult siblings,  adult siblings, and  other adult relatives of the child, as defined in paragraph (2) of subdivision (f) of Section 319, including any other adult relatives suggested by the parents, and, if it is known or there is reason to know the child is an Indian child, any extended family members as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.). As used in this section, “sibling” means a person related to the identified child by blood, adoption, or affinity through a common legal or biological parent.  parents.  The social worker shall provide to all adult relatives who are located, except when that relative’s history of family or domestic violence makes notification inappropriate, within 30 days of removal of the child, written notification and shall also, whenever appropriate, provide oral notification, in person or by telephone, of all the following information:
(A) The child has been removed from the custody of his or her parent or parents, guardian  or guardians, his  or Indian custodian. her guardians. 
(B) An explanation of the various options to participate in the care and placement of the child and support for the child’s family, including any options that may be lost by failing to respond. The notice shall provide information about providing care for the child while the family receives reunification services with the goal of returning the child to the parent or guardian, how to become a resource family, and additional services and support that are available in out-of-home placements, and, if it is known or there is reason to know the child is an Indian child, the option of obtaining approval for placement through the tribe’s license or approval procedure.  foster family home or approved relative or nonrelative extended family member as defined in Section 362.7, and additional services and support that are available in out-of-home placements.  The notice shall also include information regarding the Kin-GAP Program (Article 4.5 (commencing with Section 11360) of Chapter 2 of Part 3 of Division 9), the CalWORKs program for approved relative caregivers (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9), the Approved Relative Caregiver Funding Option Program if the county has opted into the program under Section 11461.3,  adoption, and adoption assistance (Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9), as well as other options for contact with the child, including, but not limited to, visitation. The State Department of Social Services, in consultation with the County Welfare Directors Association of California and other interested stakeholders, shall develop the written notice.
(2) The social worker shall also provide the adult relatives notified pursuant to paragraph (1) with a relative information form to provide information to the social worker and the court regarding the needs of the child. The form shall include a provision whereby the relative may request the permission of the court to address the court, if the relative so chooses. The Judicial Council, in consultation with the State Department of Social Services and the County Welfare Directors Association of California, shall develop the form.
(3) The social worker shall use due diligence in investigating the names and locations of the relatives pursuant to paragraph (1), including, but not limited to, asking the child in an age-appropriate manner about relatives important to the child, consistent with the child’s best interest, and obtaining information regarding the location of the child’s adult relatives. Each county welfare department shall create and make public a procedure by which relatives of a child who has been removed from his or her parents or guardians may identify themselves to the county welfare department and be provided with the notices required by paragraphs (1) and (2).
(f) In addition to the notice required by subdivision (e), if a relative requests placement of the child, the county social worker or eligibility worker shall explain to the relative, either in person or by telephone, the eligibility requirements and benefit amounts for the AFDC-FC and CalWORKs programs, and the Approved Relative Caregiver Funding Option Program if the county has opted into the program under Section 11461.3, as well as any actions the relative could take to affect the child’s eligibility for those programs.

SEC. 2.

 Section 361.45 of the Welfare and Institutions Code is amended to read:

361.45.
 (a) Notwithstanding any other law, when the sudden unavailability of a foster caregiver requires a change in placement on an emergency basis  for a child who is under the jurisdiction of the juvenile court pursuant to Section 300, if a  an able and willing  relative, as defined in Section 319, or a  an able and willing  nonrelative extended family member, as defined in Section 362.7, is available and requests temporary placement of the child, the  child pending resolution of the emergency situation, the  county welfare department shall initiate an assessment of the relative’s or nonrelative extended family member’s suitability  suitability, which shall include an in-home inspection to assess the safety of the home and the ability of the relative or nonrelative extended family member to care for the child’s needs, and a consideration of the results of a criminal records check conducted  pursuant to Section 361.4. 16504.5 and a check of allegations of prior child abuse or neglect concerning the relative or nonrelative extended family member and other adults in the home. Upon completion of this assessment, the child may be placed in the assessed home. For purposes of this paragraph, and except for the criminal records check conducted pursuant to Section 16504.5, the standards used to determine suitability shall be the same standards set forth in the regulations for the licensing of foster family homes. 
(b) (1) Immediately following the placement of a child in the home of a relative, the county shall initiate an application for CalWORKs pursuant to Article 2 (commencing with Section 11250) on behalf of the child in order to ensure that the child receives funding while eligibility determinations for other benefits are pending. The county shall utilize the shortened CalWORKs application and simplified CalWORKs eligibility standards that pertain to determining a foster child’s CalWORKs eligibility pursuant to Sections 11253.4 and 11461.3. The application date for CalWORKs and the beginning date of aid shall be the date the child was placed with the relative. If the relative caregiver is also needy, the relative caregiver shall be responsible for applying for CalWORKs benefits to cover his or her own needs.
(b) (2)  Upon completion of the assessment pursuant to Section 361.4, the child may be placed in the home on an emergency basis. Following the emergency placement of the child, the  Concurrently with initiating the application for CalWORKs pursuant to this subdivision, the  county welfare department shall require the relative or nonrelative extended family member to submit an application for approval as a resource family and initiate the home environment assessment no later than five business  also evaluate and approve or deny the home for purposes of AFDC-FC eligibility pursuant to Section 11402. The placing agency shall initiate the application for AFDC-FC and determine eligibility. If the child is found to be ineligible for AFDC-FC, the county shall initiate and complete the application for, and determine eligibility for, the Approved Relative Caregiver Funding Option Program if the child is placed with a relative and the county has opted into the program pursuant to Section 11461.3. If an application was submitted for purposes of determining CalWORKs eligibility pursuant to subparagraph (A) that contains all necessary information to determine eligibility for the Approved Relative Caregiver Funding Option Program, a new application need not be initiated for purposes of complying with this subparagraph. The beginning date of aid for the approved relative caregiver funding shall be either the date of placement or the date of approval of the home pursuant to paragraph (2) of subdivision (d) of Section 309, whichever is later, but shall not be later than 30  days after the placement. Thereafter, the county welfare department shall evaluate and approve or deny the home pursuant to Section 16519.5. date of placement unless the county documents the need for additional time to complete the home approval process because of a need to obtain additional records or documentation to determine whether a criminal conviction can be waived, or because of another, similar circumstance. If additional time is necessary, the beginning date of aid for the Approved Relative Caregiver Funding Option Program shall be the date of approval of the home, but shall not be any later than 120 days after the date of placement. If the child is transferring from CalWORKs to the Approved Relative Caregiver Funding Option Program, but remains in the home of the same relative caregiver, the effective date of program transfer is the first of the month following the request to change programs. 
(3) If the county determines that the child is not eligible for AFDC-FC benefits, the county welfare department shall explain the specific basis for this determination and shall screen the child for eligibility for the federal Supplemental Security Income program in accordance with Section 13758.
(c) The standards used to evaluate and grant or deny approval of the home of the relative and of the home of a nonrelative extended family member, as described in Section 362.7, shall be the same standards set forth in regulations for the licensing of foster family homes which prescribe standards of safety and sanitation for the physical plant and standards for basic personal care, supervision, and services provided by the caregiver.
(d) If a relative or nonrelative extended family member, and other adults in the home, as indicated, meets all other conditions for approval, except for the receipt of the Federal Bureau of Investigation’s criminal history information for the relative or nonrelative extended family member, the county welfare department may approve the home and document that approval, if the relative or nonrelative extended family member, and each adult in the home, has signed and submitted a statement that he or she has never been convicted of a crime in the United States, other than a traffic infraction as defined in paragraph (1) of subdivision (a) of Section 42001 of the Vehicle Code. If, after the approval has been granted, the department determines that the relative or nonrelative extended family member or other adult in the home has a criminal record, the approval may be terminated.
(c) (e)  (1) On and after January 1, 2012, if  If  a nonminor dependent, as defined in subdivision (v) of Section 11400, is placed in the home of a relative or nonrelative extended family member, the home shall be approved using the same standards set forth in regulations as described in Section 1502.7 of the Health and Safety Code.
(2) On or before July 1, 2012, the  The  department, in consultation with representatives of the Legislature, the County Welfare Directors Association, the Chief Probation Officers of California, the California Youth Connection, the Judicial Council, former foster youth, child advocacy organizations, dependency counsel for children, juvenile justice advocacy organizations, foster caregiver organizations, labor organizations, and representatives of Indian tribes, shall revise regulations regarding health and safety standards for approving relative homes in which nonminor dependents, as defined in subdivision (v) of Section 11400, of the juvenile court are placed under the responsibility of the county welfare or probation department, or an Indian tribe that entered into an agreement pursuant to Section 10553.1.
(3) 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, in consultation with the stakeholders listed in paragraph (2), shall prepare for implementation of the applicable provisions of this section by publishing all-county letters or similar instructions from the department director  by October 1, 2011, to be effective January 1, 2012. Emergency regulations to implement this section may be adopted by the director in accordance with the Administrative Procedure Act. The initial adoption of the emergency regulations and one readoption of the initial regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the first readoption of those emergency regulations shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days.

SEC. 3.

 Section 11450 of the Welfare and Institutions Code, as added by Section 4 of Chapter 632 of the Statutes of 2014, is amended to read:

11450.
 (a) (1) (A)  Aid shall be paid for each needy family, which shall include all eligible brothers and sisters of each eligible applicant or recipient child and the parents of the children, but shall not include unborn children, or recipients of aid under Chapter 3 (commencing with Section 12000), qualified for aid under this chapter. In determining the amount of aid paid, and notwithstanding the minimum basic standards of adequate care specified in Section 11452, the family’s income, exclusive of any amounts considered exempt as income or paid pursuant to subdivision (e) or Section 11453.1, determined for the prospective semiannual period pursuant to Sections 11265.1, 11265.2, and 11265.3, and then calculated pursuant to Section 11451.5, shall be deducted from the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2). In no case shall the amount of aid paid for each month exceed the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2), plus any special needs, as specified in subdivisions (c), (e), (f),  and (f): (g): 
Number of
 eligible needy
persons in
the same home
Maximum
aid
 1 ........................
$  326
 2 ........................
   535
 3 ........................
   663
 4 ........................
   788
 5 ........................
   899
 6 ........................
 1,010
 7 ........................
 1,109
 8 ........................
 1,209
 9 ........................
 1,306
10 or more ........................
 1,403
(B) If, when, and during those times that the United States government increases or decreases its contributions in assistance of needy children in this state above or below the amount paid on July 1, 1972, the amounts specified in the above table shall be increased or decreased by an amount equal to that increase or decrease by the United States government, provided that no increase or decrease shall be subject to subsequent adjustment pursuant to Section 11453.
(2) The sums specified in paragraph (1) shall not be adjusted for cost of living for the 1990–91, 1991–92, 1992–93, 1993–94, 1994–95, 1995–96, 1996–97, and 1997–98 fiscal years, and through October 31, 1998, nor shall that amount be included in the base for calculating any cost-of-living increases for any fiscal year thereafter. Elimination of the cost-of-living adjustment pursuant to this paragraph shall satisfy the requirements of former  Section 11453.05, and no further reduction shall be made pursuant to that section.
(b) (1) (A) When  Until the date that paragraph (2) is effective, if the   the  family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant child who is 18 years of age or younger at any time after verification of pregnancy, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the pregnant  child and the her  child, if born, would have qualified for aid under this chapter. Verification of pregnancy shall be required as a condition of eligibility for aid under this paragraph. subdivision. 
(B) (2)    Notwithstanding subparagraph (A), and until the date that paragraph (2) is effective, if  paragraph (1), when  the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant person woman  for the month in which the birth is anticipated and for the six-month period immediately prior to the month in which the birth is anticipated, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the pregnant person  woman  and child, if born, would have qualified for aid under this chapter. Verification of pregnancy is  shall be  required as a condition of eligibility for aid under this paragraph. subdivision. 
(C) (3)  Subparagraph (A) Paragraph (1)  shall apply only when the Cal-Learn Program is operative.
(2) (A) Notwithstanding paragraph (1), if the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant person as of the date of the application for aid, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the pregnant person or the child, if born, would have qualified for aid under this chapter. Verification of pregnancy shall be required as a condition of eligibility for aid under this paragraph.
(B) A pregnant person may provide verification of pregnancy as required in subparagraph (A) by means of a sworn statement or, if necessary, a verbal attestation. Medical verification of pregnancy shall be submitted within 30 working days following submission of the sworn statement or verbal attestation for benefits to continue. If the applicant fails to submit medical verification of pregnancy within 30 working days, the county human services agency shall continue aid when the applicant presents evidence of good-faith efforts to comply with this requirement.
(C) (i) A person who receives aid pursuant to this paragraph shall report to the county, orally or in writing, within 30 days following the end of their pregnancy.
(ii) Aid for persons under this paragraph shall discontinue at the end of the month following the month in which the person reports the end of their pregnancy to the county human services agency.
(iii) Prior to discontinuing aid for a person under this paragraph due to the end of their pregnancy, the county human services agency shall provide information about, and referral to, mental health services, including, but not limited to, services provided by the county human services agency, when appropriate.
(D) This paragraph shall take effect on July 1, 2022, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, whichever date is later.
(c) (1)  The amount of forty-seven dollars ($47) per month shall be paid to a  pregnant person women  qualified for aid under subdivision (a) or (b) to meet the  special needs resulting from pregnancy if the pregnant person  woman  and child, if born, would have qualified for aid under this chapter. County welfare departments shall refer all recipients of aid under this subdivision to a local provider of the California Special Supplemental Nutrition Program for  Women, Infants, and Children.  Children program.  If that payment to a  pregnant person women  qualified for aid under subdivision (a) is considered income under federal law in the first five months of pregnancy, payments under this subdivision do shall  not apply to a person  persons  eligible under subdivision (a), except for the month in which birth is anticipated and for the three-month period immediately prior to the month in which delivery is anticipated, if the pregnant person  woman  and child, if born, would have qualified for aid under this chapter.
(2) Beginning May 1, 2022, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, the special needs payment described in paragraph (1) shall be one hundred dollars ($100) per month.
(3) Beginning July 1, 2022, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, the special needs payment described in this subdivision shall discontinue at the end of the month following the month in which a person reports the end of their pregnancy to the county human services agency.
(d) For children receiving AFDC-FC under this chapter, there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month that, if when  added to the child’s income, is equal to the rate specified in Section 11460, 11461, 11462, 11462.1, or 11463. In addition, the child is  shall be  eligible for special needs, as specified in departmental regulations.
(e) In addition to the amounts payable under subdivision (a) and former  Section 11453.1, a family is  shall be  entitled to receive an allowance for recurring special needs not common to a majority of recipients. These recurring special needs shall  include, but are  not be  limited to, special diets upon the recommendation of a physician for circumstances other than pregnancy, and unusual costs of transportation, laundry, housekeeping services, telephone, and utilities. The recurring special needs allowance for each family per month shall not exceed that amount resulting from multiplying the sum of ten dollars ($10) by the number of recipients in the family who are eligible for assistance.
(f) (1)  After a family has used all available liquid resources, both exempt and nonexempt, in excess of one hundred dollars ($100), with the exception of funds deposited in a restricted account described in subdivision (a) of Section 11155.2, the family is shall  also be  entitled to receive an allowance for nonrecurring special needs. This paragraph does not apply to the allowance for nonrecurring special needs for homeless assistance pursuant to subparagraph (A) of paragraph (3). 
(2) (1)  An allowance for nonrecurring special needs shall be granted for replacement of clothing and household equipment and for emergency housing needs other than those needs addressed by subparagraph (A) of paragraph (3). paragraph (2).  These needs shall be caused by sudden and unusual circumstances beyond the control of the needy family. The department shall establish the allowance for each of the nonrecurring special needs items. The sum of all nonrecurring special needs provided by this subdivision shall not exceed six hundred dollars ($600) per event.
(3) (A) (i) An allowance for nonrecurring special needs for homeless assistance is available to a homeless family seeking shelter when the family is eligible for aid under this chapter.
(ii) (2)  (A)  Homeless assistance for  is available to a homeless family seeking shelter when the family is eligible for aid under this chapter. Homeless assistance for  temporary shelter is also available to homeless families that are apparently eligible for aid under this chapter. Apparent eligibility exists when evidence presented by the applicant, or that is otherwise available to the county welfare department, and the information provided on the application documents indicate that there would be eligibility for aid under this chapter if the evidence and information were verified. However, an alien applicant who does not provide verification of their  his or her  eligible alien status, or a person woman  with no eligible children who does not provide medical verification of their  pregnancy, is not apparently eligible for purposes of this section.
(iii) Homeless assistance for temporary shelter is also available to homeless families that would be eligible for aid under this chapter but for the fact that the only child or children in the family are in out-of-home placement pursuant to an order of the dependency court, if the family is receiving reunification services and the county determines that homeless assistance is necessary for reunification to occur.
(B) A family is considered homeless, for the purpose of this section, when the family lacks a fixed and regular nighttime residence,  residence; or  the family has a primary nighttime residence that is a supervised publicly or privately operated shelter designed to provide temporary living accommodations, accommodations;  or the family is residing in a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. A family is also considered homeless for the purpose of this section if the family has received a notice to pay rent or quit. The family shall demonstrate that the eviction is the result of a verified financial hardship as a result of extraordinary circumstances beyond their control, and not other lease or rental violations, and that the family is experiencing a financial crisis that could result in homelessness if preventative assistance is not provided. 
(4) (3)  (A) (i)  A nonrecurring special needs benefit of eighty-five sixty-five  dollars ($85) ($65)  a day shall be available to families of up to four members for the costs of temporary shelter, subject to the requirements of this paragraph. The fifth and additional members of the family shall each receive fifteen dollars ($15) per day, up to a daily maximum of one hundred forty-five twenty-five  dollars ($145). ($125).  County welfare departments may increase the daily amount available for temporary shelter as necessary to secure the additional bedspace needed by the family.
(ii) This special needs benefit shall be granted or denied the same day as the  immediately upon the  family’s application for homeless assistance, and benefits shall be available for up to three working days. Upon applying for homeless assistance, the family shall provide a sworn statement that the family is homeless. If  The county welfare department shall verify the family’s homelessness within the first three working days and if  the family meets the criteria of questionable homelessness, which means that there is reason to suspect that the family has permanent housing, the county human services agency  homelessness established by the department, the county welfare department  shall refer the family to its early fraud prevention and detection unit, if the county has such a unit, for assistance in the verification of homelessness within this period.
(iii) After homelessness has been verified, the three-day limit shall be extended for a period of time that, which,  when added to the initial benefits provided, does not exceed a total of 16 calendar days. This extension of benefits shall be done in increments of one week, week  and shall be based upon searching for permanent housing, housing  which shall be documented on a housing search form, good cause, or other circumstances defined by the department. Documentation of a housing search is  shall be  required for the initial extension of benefits beyond the three-day limit and on a weekly basis thereafter if  as long as  the family is receiving temporary shelter benefits. Good cause shall include, but is not limited to, situations in which the county welfare department has determined that the family, to the extent it is capable, has made a good faith but unsuccessful effort to secure permanent housing while receiving temporary shelter benefits or that the family is homeless as a direct and primary result of a state or federally declared disaster. benefits. 
(iv) Notwithstanding clauses (ii) and (iii), the county may waive the three-day limit and may provide benefits in increments of more than one week for a family that becomes homeless as a direct and primary result of a state or federally declared disaster.
(B) (i)  A nonrecurring special needs benefit for permanent housing assistance is available to pay for last month’s rent and security deposits if when  these payments are reasonable  conditions of securing a residence, or to pay for up to two months of rent arrearages, if when  these payments are a reasonable condition of preventing eviction.
(ii) The last month’s rent or monthly arrearage portion of the payment shall meet both of the following requirements:
(I) It shall not exceed 80 percent of the family’s total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size.
(II) (ii)  It shall  The last month’s rent or monthly arrearage portion of the payment (I) shall not exceed 80 percent of the family’s total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size and (II) shall  only be made to families that have found permanent housing costing no more than 80 percent of the family’s total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size.
(iii) However, if the county welfare department determines that a family intends to reside with individuals who will be sharing housing costs, the county welfare department shall, in appropriate circumstances, set aside the condition specified in subclause (II) of clause (ii).
(C) The nonrecurring special needs benefit for permanent housing assistance is also available to cover the standard costs of deposits for utilities that which  are necessary for the health and safety of the family.
(D) A payment for, for  or denial of, of  permanent housing assistance shall be issued no later than one working day from the time that a family presents evidence of the availability of permanent housing. If an applicant family provides evidence of the availability of permanent housing before the county welfare department has established eligibility for aid under this chapter, the county welfare department shall complete the eligibility determination so that the payment for, or denial of, denial of or payment for  permanent housing assistance is issued within one working day from the submission of evidence of the availability of permanent housing, unless the family has failed to provide all of the verification necessary to establish eligibility for aid under this chapter.
(E) (i)  Except as provided in clauses (ii) and (iii), eligibility for the temporary shelter assistance and the permanent housing assistance pursuant to this paragraph is  shall be  limited to the number of days allowable under subparagraph (A) for temporary shelter  one period of up to 16 consecutive calendar days of temporary  assistance and one payment of permanent housing assistance every 12 months. A  assistance. Any family that includes a parent or nonparent caretaker relative living in the home who has previously received temporary or permanent homeless assistance at any time on behalf of an eligible child shall not be eligible for further homeless assistance. Any  person who applies for homeless assistance benefits shall be informed that, with certain exceptions,  that  the temporary shelter benefit is limited to the number of days allowable under subparagraph (A) for the 12-month period. of up to 16 consecutive days is available only once in a lifetime, with certain exceptions, and that a break in the consecutive use of the benefit constitutes permanent exhaustion of the temporary benefit. 
(ii) (I)    A family that becomes homeless as a direct and primary result of a state or federally declared natural  disaster is  shall be  eligible for temporary and permanent  homeless assistance.
(II) If there is a state or federally declared disaster in a county, the county human services agency shall coordinate with public and private disaster response organizations and agencies to identify and inform recipients of their eligibility for homeless assistance available pursuant to subclause (H).
(iii) A family is  shall be  eligible for temporary and permanent  homeless assistance if when  homelessness is a direct result of domestic violence by a spouse, partner, or roommate; physical or mental illness that is medically verified that shall not include a diagnosis of alcoholism, drug addiction, or psychological stress; or or,  the uninhabitability of the former residence caused by sudden and unusual circumstances beyond the control of the family, family  including natural catastrophe, fire, or condemnation. These circumstances shall be verified by a third-party governmental or private health and human services agency, except that domestic violence may also be verified by a sworn statement by the victim, as provided under Section 11495.25. Homeless assistance payments based on these specific circumstances may not be received more often than once in any 12-month period. In addition, if the domestic violence is verified by a sworn statement by the victim, the homeless assistance payments shall be limited to two periods of not more than 16 cumulative consecutive  calendar days of temporary shelter  assistance and two payments of permanent housing  assistance. A county may require that a recipient of homeless assistance benefits who qualifies under this paragraph for a second time in a 24-month period participate in a homelessness avoidance case plan as a condition of eligibility for homeless assistance benefits. The county welfare department shall immediately inform recipients who verify domestic violence by a sworn statement of the availability of domestic violence counseling and services, and refer those recipients to services upon request.
(iv) If a county requires a recipient who verifies domestic violence by a sworn statement to participate in a homelessness avoidance case plan pursuant to clause (iii), the plan shall include the provision of domestic violence services, if appropriate.
(v) If a recipient seeking homeless assistance based on domestic violence pursuant to clause (iii) has previously received homeless avoidance services based on domestic violence, the county shall review whether services were offered to the recipient and consider what additional services would assist the recipient in leaving the domestic violence situation.
(vi) The county welfare department shall report necessary data to the department through a statewide homeless assistance payment indicator system, as requested by the department, regarding all recipients of aid under this paragraph.
(F) The county welfare departments, and all other entities participating in the costs of the CalWORKs program, have the right in their share to any refunds resulting from payment of the permanent housing. However, if an emergency requires the family to move within the 12-month period specified in subparagraph (E), the family shall be allowed to use any refunds received from its deposits to meet the costs of moving to another residence.
(F) (G)  Payments to providers for temporary shelter and permanent housing and utilities shall be made on behalf of families requesting these payments.
(G) (H)  The daily amount for the temporary shelter special needs benefit for homeless assistance may be increased if authorized by the current year’s Budget Act by specifying a different daily allowance and appropriating the funds therefor.
(H) (I)  A No  payment shall not  be made pursuant to this paragraph unless the provider of housing is any of the following: a commercial establishment, shelter, or person in the business of renting properties who has a history of renting properties. 
(i) A commercial establishment.
(ii) A shelter.
(iii) A person with whom, or an establishment with which, the family requesting assistance has executed a valid lease, sublease, or shared housing agreement.
(I) (g)  (i)   Commencing July 1, 2018, a CalWORKs applicant who provides a sworn statement of past or present domestic abuse  A child who has been removed from his or her home and detained or placed in the home of a relative caregiver and is the subject of a petition filed under Section 300, 601, or 602, or is the subject of a voluntary placement agreement, as defined in subdivision (p) of Section 11400,  and who is fleeing their abuser is deemed to be homeless and is eligible for temporary shelter assistance under clause (i) of subparagraph (A) and under subparagraph (E), notwithstanding any income and assets attributable to the alleged abuser. a teen parent whose child is living in the same home or placement, shall also receive an infant supplement, in an amount determined in the manner provided in subdivision (b) of Section 11465 for a child in a foster family home. 
(ii) The homeless assistance payments issued under this subparagraph shall be granted the same day as the family’s application, and benefits shall be available in increments of 16 days of temporary shelter assistance pursuant to clause (i) of subparagraph (A). The homeless assistance payments shall be limited to two periods of not more than 16 cumulative calendar days each of temporary shelter assistance within the applicant’s lifetime. The second 16-day period shall continue to be available when the applicant becomes a CalWORKs recipient during the first 16-day period. The homeless assistance payments issued under this subparagraph shall be in addition to other payments for which the CalWORKs applicant, if the applicant becomes a CalWORKs recipient, may later qualify under this subdivision.
(iii) For purposes of this subparagraph, the housing search documentation described in clause (iii) of subparagraph (A) shall be required only upon issuance of an immediate need payment pursuant to Section 11266 or the issuance of benefits for the month of application.
(g) (h)  The department shall establish rules and regulations ensuring the uniform statewide application of this section.
(h) (i)  The department shall notify all applicants and recipients of aid through the standardized application form that these benefits are available and shall provide an opportunity for recipients to apply for the funds quickly and efficiently.
(i) The department shall work with county human services agencies, the County Welfare Directors Association of California, and advocates of CalWORKs recipients to gather information regarding the actual costs of a nightly shelter and best practices for transitioning families from a temporary shelter to permanent housing, and to provide that information to the Legislature, to be submitted annually in accordance with Section 9795 of the Government Code.
(j) (1)  Except for the purposes of Section 15200, the amounts payable to recipients pursuant to Section 11453.1 shall not constitute part of the payment schedule set forth in subdivision (a).
(2) The amounts payable to recipients pursuant to Section 11453.1 shall not constitute income to recipients of aid under this section.
(k) For children receiving Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), 11385)  there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month, which, when added to the child’s income, is equal to the rate specified in Sections 11364 and 11387.
(l) (1)  A county shall implement the semiannual reporting requirements in accordance with Chapter 501 of the Statutes of 2011 no later than October 1, 2013.
(2) Upon completion of the implementation described in paragraph (1), each county shall provide a certificate to the director certifying that semiannual reporting has been implemented in the county.
(3) Upon filing the certificate described in paragraph (2), a county shall comply with the semiannual reporting provisions of this section.
(m) (1) Notwithstanding the rulemaking provisions of 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 State Department of Social Services may implement and administer this section by means of all-county letters or similar instructions from the department until regulations are adopted. These all-county letters or similar written instructions shall have the same force and effect as regulations until the adoption of regulations.
(2) The department shall adopt emergency regulations no later than 18 months following the completion of all necessary automation to implement this section. The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, an emergency regulation previously adopted under this section.
(3) The initial adoption of emergency regulations pursuant to this section and one readoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations shall be adopted.
(n) This section shall become operative on July 1, 2021, or on the date the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, whichever date is later.
(o) Notwithstanding subdivision (n), the individual changes imposed by the act adding this section that result in a cost shall become operative only if necessary funds are appropriated for these changes in the annual Budget Act or another statute for these purposes.

SEC. 4.

 Section 11461.3 of the Welfare and Institutions Code is amended to read:

11461.3.
 (a) (1) The Legislature recognizes the importance of approved relative caregivers to the state’s child welfare system. Relative placements are the most utilized type of foster placement in California. In establishing the Approved Relative Caregiver Funding Option Program pursuant to this section, the Legislature intends to ensure that children placed with relatives are able to access state funding in an equal amount and in a similar manner to children in other types of foster placements.
(a) (2)  The Approved Relative Caregiver Funding Option  Program is hereby established for the purpose of making the amount paid to approved relative caregivers for the in-home care of children and nonminor dependents  placed with them who are ineligible for AFDC-FC payments equal to the amount paid on behalf of children and nonminor dependents  who are eligible for AFDC-FC payments. This is an optional program for counties choosing to participate, and in so doing, participating counties agree to the terms of this section as a condition of their participation. It is the intent of the Legislature that the funding described in paragraph (1) of subdivision (g) for the Approved Relative Caregiver Funding Option Program be appropriated, and available for use from January through December of each year, unless otherwise specified. 
(b) Unless the child or nonminor dependent is eligible for the dual agency rate pursuant to Section 11464, the county with payment responsibility  Subject to subdivision (e), effective January 1, 2015, participating counties  shall pay an approved relative caregiver a per child per month rate at the child’s or nonminor dependent’s assessed level of care, as set forth in subdivision (g) of Section 11461 and Section 11463, in  in  return for the care and supervision, as defined in subdivision (b) of Section 11460, of the child or nonminor dependent if all a child that is placed with the relative caregiver that is equal to the basic rate paid to foster care providers pursuant to subdivision (g) of Section 11461, if both  of the following conditions are met:
(1) The county with payment responsibility has notified the department in writing by October 1 of the year before participation begins of its decision to participate in the Approved Relative Caregiver Funding Option Program.
(2) The related child placed in the home meets all of the following requirements:
(1) (A)  The child or nonminor dependent  resides in California.
(2) (B)  The child or nonminor dependent  is described by subdivision (b), (c), or (e) of Section 11401 and the county welfare department or the county probation department is responsible for the placement and care of the child or nonminor dependent. child. 
(3) (C)  The child or nonminor dependent  is not eligible for AFDC-FC while placed with the approved relative caregiver because the child or nonminor dependent  is not eligible for federal financial participation in the AFDC-FC payment.
(c) Subdivision (b) shall not be interpreted to prevent a county from supplementing the payment made to the approved relative caregiver with any county optional program, including, but not limited to, a specialized care increment, as described in subdivision (e) of Section 11461, or a clothing allowance, as described in subdivision (f) of Section 11461.
(d) (c)  Any income or benefits received by an eligible child or the approved relative caregiver on behalf of the eligible child or nonminor dependent  that would be offset against the basic  rate paid to a foster care provider pursuant to subdivision (g) of Section 11461,  shall be offset from any funds that are not CalWORKs funds paid to the approved relative caregiver pursuant to this section.
(e) (d)  Counties  Participating counties  shall recoup an overpayment in the Approved Relative Caregiver Funding Option  Program received by an approved relative caregiver using the standards and processes for overpayment recoupment that are applicable to overpayments to an approved resource family,  home of a relative,  as specified in Section 11466.24. Recouped overpayments shall not be subject to remittance to the federal government. Any overpaid funds that are collected by the participating  counties shall be remitted to the state after subtracting both of the following:
(1) An amount not to exceed the county share of the CalWORKs portion of the Approved Relative Caregiver Funding Option  Program payment, if any.
(2) Any other county funds that were included in the Approved Relative Caregiver Funding Option  Program payment.
(e) A county’s election to participate in the Approved Relative Caregiver Funding Option Program shall affirmatively indicate that the county understands and agrees to all of the following conditions:
(1) Commencing October 1, 2014, the county shall notify the department in writing of its decision to participate in the Approved Relative Caregiver Funding Option Program. Failure to make timely notification, without good cause as determined by the department, shall preclude the county from participating in the program for the upcoming calendar year. Annually thereafter, any county not already participating who elects to do so shall notify the department in writing no later than October 1 of its decision to participate for the upcoming calendar year.
(2) The county shall confirm that it will make per child per month payments to all approved relative caregivers on behalf of eligible children in the amount specified in subdivision (b) for the duration of the participation of the county in this program.
(3) The county shall confirm that it will be solely responsible to pay any additional costs needed to make all payments pursuant to subdivision (b) if the state and federal funds allocated to the Approved Relative Caregiver Funding Option Program pursuant to paragraph (1) of subdivision(g) are insufficient to make all eligible payments.
(f) (1) A county deciding to opt out of the Approved Relative Caregiver Funding Option Program shall provide at least 120 days’ prior written notice of that decision to the department. Additionally, the county shall provide at least 90 days’ prior written notice to the approved relative caregiver or caregivers informing them that his or her per child per month payment will be reduced and the date that the reduction will occur.
(2) The department shall presume that all counties have opted out of the Approved Relative Caregiver Funding Option Program if the funding appropriated for the current 12-month period is reduced below the amount specified in subparagraph (B), subparagraph (C), or subparagraph (D) of paragraph(2) of subdivision (g) for that 12-month period, unless a county notifies the department in writing of its intent to opt in within 60 days of enactment of the State Budget. The counties shall provide at least 90 days’ prior written notice to the approved relative caregiver or caregivers informing them that his or her per child per month payment will be reduced, and the date that reduction will occur.
(3) Any reduction in payments received by an approved relative caregiver on behalf of a child under this section that results from a decision by a county, including the presumed opt-out pursuant to paragraph (2), to not participate in the Approved Relative Caregiver Funding Option Program shall be exempt from state hearing jurisdiction under Section 10950.
(4) Receipt of funding through the Approved Relative Caregiver Funding Option Program shall begin immediately upon a finding that the child is not eligible for AFDC-FC pursuant to subdivision (a) of Section 11404 and approval of the home, consistent with the requirements of subparagraph (B) of paragraph (2) of subdivision (d) of Section 309. To the extent that an application or other information is required to determine county share of costs or for the utilization of CalWORKs funding, the county shall complete that application, or provide that information, on behalf of the relative caregiver, to the extent possible, prior to requesting information from the relative caregiver. If an application was submitted for purposes of determining CalWORKs eligibility pursuant to subparagraph (A) of paragraph (2) of subdivision (d) of Section 309 or paragraph (1) of subdivision (b) of Section 361.45 that contains all necessary information to determine eligibility for the Approved Relative Caregiver Funding Option Program, a new application need not be initiated.
(g) (1) The following funding shall be used for the Approved Relative Caregiver Funding Option Program:
(A) The applicable regional per-child CalWORKs grant, in accordance with subdivision (a) of Section 11253.4.
(B)  General Fund resources, as appropriated in paragraph (2).
(C) County funds only to the extent required under paragraph (3) of subdivision (e).
(D) Funding described in subparagraphs (A) and (B) is intended to fully fund the base caseload of approved relative caregivers, which is defined as the number of approved relative caregivers caring for a child who is not eligible to receive AFDC-FC payments, as of July 1, 2014.
(2) The following amount is hereby appropriated from the General Fund as follows:
(A) The sum of fifteen million dollars ($15,000,000), for the period of January 1, 2015, to June 30, 2015, inclusive.
(B) For the period of July 1, 2015, to June 30, 2016, inclusive, there shall be appropriated an amount equal to the sum of all of the following:
(i) Two times the amount appropriated pursuant to subparagraph (A), inclusive of any increase pursuant to paragraph (3).
(ii) The amount necessary to increase or decrease the CalWORKs funding associated with the base caseload described in subparagraph (D) of paragraph (1) to reflect any change from the prior fiscal year in the applicable regional per-child CalWORKs grant described in subparagraph (A) of paragraph (1).
(iii) The additional amount necessary to fully fund the base caseload described in subparagraph (D) of paragraph (1), reflective of the annual California Necessities Index increase to the basic rate paid to foster care providers.
(C) For every 12-month period thereafter, commencing with the period of July 1, 2016, to June 30, 2017, inclusive, the sum of all of the following shall be appropriated for purposes of this section:
(i) The total General Fund amount provided pursuant to this paragraph for the previous 12-month period.
(ii) The amount necessary to increase or decrease the CalWORKs funding associated with the base caseload described in subparagraph (D) of paragraph (1) to reflect any change from the prior fiscal year in the applicable regional per-child CalWORKs grant described in subparagraph (A) of paragraph (1).
(iii) The additional amount necessary to fully fund the base caseload described in subparagraph (D) of paragraph (1), reflective of the annual California Necessities Index increase to the basic rate paid to foster care providers.
(D)  Notwithstanding clauses (ii) and (iii) of subparagraph (B) and clauses (ii) and (iii) of subparagraph (C), the total General Fund appropriation made pursuant to subparagraph (B) shall not be less than the greater of the following amounts:
(i) Thirty million dollars ($30,000,000).
(ii) Two times the amount appropriated pursuant to subparagraph (A), inclusive of any increase pursuant to paragraph (3).
(3) To the extent that the appropriation made by subparagraph (A) of paragraph (2) is insufficient to fully fund the base caseload of approved relative caregivers as of July 1, 2014, as described in subparagraph (D) of paragraph (1), for the period of January 1, 2015, to June 30, 2015, inclusive, as jointly determined by the department and the County Welfare Directors’ Association and approved by the Department of Finance on or before October 1, 2015, the amount specified in subparagraph (A) of paragraph (2) shall be increased by the amount necessary to fully fund that base caseload.
(4) Funds available pursuant to paragraph (2) shall be allocated to participating counties proportionate to the number of their approved relative caregiver placements, using a methodology and timing developed by the department, following consultation with county human services agencies and their representatives.
(5) Notwithstanding subdivision (e), if in any calendar year the entire amount of funding appropriated by the state for the Approved Relative Caregiver Funding Option Program has not been fully allocated to or utilized by participating counties, a participating county that has paid any funds pursuant to subparagraph (C) of paragraph (1) of subdivision (g) may request reimbursement for those funds from the department. The authority of the department to approve the requests shall be limited by the amount of available unallocated funds.
(h) An approved relative caregiver receiving payments on behalf of a child pursuant to this section shall not be eligible to receive additional CalWORKs payments on behalf of the same child under Section 11450.
(f) (i)  To the extent permitted by federal law, payments received by the approved relative caregiver from the Approved Relative Caregiver Funding Option  Program shall not be considered income for the purpose of determining other public benefits.
(g) (j)  Prior to referral of any individual or recipient, or that person’s case, to the local child support agency for child support services pursuant to Section 17415 of the Family Code, the county human services agency shall determine if an applicant or recipient has good cause for noncooperation, as set forth in Section 11477.04. If the applicant or recipient claims good cause exception at any subsequent time to the county human services agency or the local child support agency, the local child support agency shall suspend child support services until the county social services agency determines the good cause claim, as set forth in Section 11477.04. If good cause is determined to exist, the local child support agency shall suspend child support services until the applicant or recipient requests their resumption, and shall take other measures that are necessary to protect the applicant or recipient and the children. If the applicant or recipient is the parent of the child for whom aid is sought and the parent is found to have not cooperated without good cause as provided in Section 11477.04, the applicant’s or recipient’s family grant shall be reduced by 25 percent for the time the failure to cooperate lasts.
(h) (k)  Consistent with Section 17552 of the Family Code, if aid is paid under this chapter on behalf of a child who is under the jurisdiction of the juvenile court and whose parent or guardian is receiving reunification services, the county human services agency shall determine, prior to referral of the case to the local child support agency for child support services, whether the referral is in the best interest of the child, taking into account both of the following:
(1) Whether the payment of support by the parent will pose a barrier to the proposed reunification in that the payment of support will compromise the parent’s ability to meet the requirements of the parent’s reunification plan.
(2) Whether the payment of support by the parent will pose a barrier to the proposed reunification in that the payment of support will compromise the parent’s current or future ability to meet the financial needs of the child.
(i) (l)  For purposes of this section, an “approved relative caregiver” includes a relative, as defined by  An approved relative caregiver may receive payments on behalf of a child who meets the requirements of  paragraph (2) of subdivision (f) of Section 319, who has been approved as a resource family pursuant to Section 16519.5. (b), regardless of whether the child resides, or will be residing, outside of the county of jurisdiction pursuant to his or her placement. The county of jurisdiction shall be responsible for providing the Approved Relative Caregiver Funding Option payment to the relative caregiver. 
(j) (m)  (1) A  Notwithstanding subdivision (b) and effective the first of the month following the date the department issues comprehensive policy, fiscal, and claiming instructions that will enable counties to implement this subdivision pending the establishment of a new aid code, if needed, a child or nonminor dependent placed out of state in the home of a relative shall be eligible for payment pursuant to this section under the following conditions:  child who has been removed from his or her home and detained or placed in the home of a relative caregiver and is the subject of a petition filed under Section 300, 601, or 602, or is the subject of a voluntary placement agreement, as defined in subdivision (p) of Section 11400, and who is a teen parent whose child is living in the same home or placement, shall also receive an infant supplement, in an amount determined in the manner provided in subdivision (b) of Section 11465 for a child in a foster family home. 
(A) The home of the relative is licensed or approved consistent with the requirements of the state in which the home is located.
(B) The child is described by paragraphs (2) and (3) of subdivision (b).
(C) All other eligibility conditions are met.
(2) Payments made pursuant to this section shall be equal to, but not exceed, the foster care rate set by the rate-setting authority of the state in which the home is located, subject to any offset required pursuant to subdivision (d).
(k) The department shall adopt emergency regulations implementing this section no later than January 1, 2023. The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, any emergency regulation previously adopted pursuant to this section. The initial adoption of regulations pursuant to this section and one readoption of emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State, and each shall remain in effect for no more than 180 days, by which time final regulations shall be adopted.

SEC. 5.

 Section 11465 of the Welfare and Institutions Code is amended to read:

11465.
 (a) If When  a child is living with a parent who receives AFDC-FC or Kin-GAP benefits, or, on or after July 1, 2017,  AFDC-FC,  Approved Relative Caregiver Funding Program (ARC) payments,  Option Program benefits, or Kin-GAP benefits,  the rate paid to the provider on behalf of the parent shall include an amount for  infant supplement to cover the cost of  care and supervision of the child.
(b) For each category of eligible licensed community care facility, as defined in Section 1502 of the Health and Safety Code, the department shall adopt regulations setting forth a uniform rate to cover the cost of care and supervision of the child in each category of eligible licensed community care facility.
(c) (1) On and after July 1, 1998, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 6 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate.
(2) (A) On and after July 1, 1999, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be adjusted by an amount equal to the California Necessities Index computed pursuant to Section 11453, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate, subject to further adjustment pursuant to subparagraph (B).
(B) In addition to the adjustment specified in subparagraph (A), on and after January 1, 2000, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate.
(3) Subject to the availability of funds, for the 2000–01 fiscal year and annually thereafter, these rates shall be adjusted for cost of living pursuant to procedures in Section 11453.
(4) On and after January 1, 2008, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 5 percent, rounded to the nearest dollar. The resulting amount shall constitute the new uniform rate.
(5) Commencing July 1, 2016, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be supplemented by an additional monthly amount of four hundred eighty-nine dollars ($489). This monthly supplement shall only be provided if funding for this purpose is appropriated in the annual Budget Act.
(d) (1) (A) Notwithstanding   Prior to July 1, 2017, and notwithstanding  subdivisions (a) to (c), inclusive, the payment made pursuant to this section for care and supervision of a child who is living with a teen parent in a whole family foster home, as defined in Section 11400, shall equal the basic rate for children placed in a licensed or approved home as specified in subdivisions (a) to (d), inclusive, and subdivision (g), of Section 11461.
(B) On or after July 1, 2017, the payment made for care and supervision of a child who is living with a teen parent in a whole family foster home shall be the uniform rate developed pursuant to subdivision (c).
(2) (A)  The amount paid for care and supervision of a dependent infant living with a dependent teen parent receiving AFDC-FC benefits in a group home placement shall equal the infant supplement rate for group home placements.
(B) Commencing January 1, 2017, the amount paid for care and supervision of a dependent infant living with a dependent teen parent receiving AFDC-FC benefits in a short-term residential therapeutic program shall equal the infant supplement rate for short-term residential therapeutic programs established by the department.
(3) (A) The caregiver shall provide the county child welfare agency or probation department with a copy of the shared responsibility plan developed pursuant to Section 16501.25 and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. Once the plan has been completed and provided to the appropriate agencies, the payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month to reflect the increased care and supervision while the dependent teen parent  he or she  is placed in the whole family foster home.
(B) A nonminor dependent parent residing in a supervised independent living placement, as defined in subdivision (w) of Section 11400, who develops a written parenting support plan pursuant to Section 16501.26 shall provide the county child welfare agency or probation department with a copy of the plan and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. The payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month after all of the following have been satisfied:
(i) The plan has been completed and provided to the appropriate county agency.
(ii) The plan has been approved by the appropriate county agency.
(iii) The county agency has determined that the identified responsible adult meets the criteria specified in Section 16501.27.
(4) In a year in which the payment provided pursuant to this section is adjusted for the cost of living as provided in paragraph (1) of subdivision (c), the payments provided for in this subdivision shall also be increased by the same procedures.
(5) A Kin-GAP relative who, immediately prior to entering the Kin-GAP program, was designated as a whole family foster home shall receive the same payment amounts for the care and supervision of a child who is living with a teen parent they received in foster care as a whole family foster home.
(6) (A)  On and after January 1, 2012, and prior to July 1, 2017,  the rate paid for a child living with a teen parent in a whole family foster home as defined in Section 11400 shall also be paid for a child living with a nonminor dependent parent who is eligible to receive AFDC-FC or Kin-GAP benefits  pursuant to Section 11403.
(B) (7)  On and after July 1, 2017, the rate paid for a child living with a teen parent in a  An Approved Relative Funding Option Program relative or a CalWORKs relative may be designated as a  whole family foster home as defined in Section 11400 shall also be paid for a child living with a nonminor dependent parent who is eligible to receive AFDC-FC, ARC, or Kin-GAP benefits pursuant to Section 11403. home. 
(e) (1) Commencing January 1, 2022, the rate paid for a pregnant minor or nonminor dependent for the three-month period immediately prior to the month in which the birth is anticipated shall include the amount that would otherwise be paid under this section to cover the care and supervision of a child, if born. Any amount paid pursuant to this subdivision shall be an expectant parent payment used to meet the specialized needs of the pregnant minor or nonminor dependent and to properly prepare for the needs of the infant.
(2) The department shall work with the County Welfare Directors Association of California and the California Statewide Automated Welfare System (CalSAWS) to develop and implement the necessary system changes to implement the expectant parent payment. The payment shall be automated on July 1, 2023, or when the department notifies the Legislature that CalSAWS can perform the necessary automation to implement it, whichever is later.
(3) Prior to the automation of the expectant parent payment in the CalSAWS system, counties shall issue a single payment in one lump sum for an expectant minor or nonminor dependent equal to three times the monthly amount paid pursuant to subdivision (a). The payment shall be issued in the month that is three months prior to the expected due date, or as soon as the county agency becomes aware of the pregnancy, and regardless of the date of entry into foster care or outcome of the pregnancy.
(4) The payment, or payments, made pursuant to this section shall not be prorated and overpayments shall not be established or collected.

SEC. 6.

 Section 11477.02 of the Welfare and Institutions Code is amended to read:

11477.02.
 (a)  Prior to referral of any individual or recipient, or that person’s case, to the local child support agency for child support services under Section 17400 or 17404 of the Family Code, the county welfare department shall determine if an applicant or recipient has good cause for noncooperation, as set forth in Section 11477.04. If the applicant or recipient claims a good cause exception at any subsequent time to the county welfare department or the local child support agency, the local child support agency shall suspend child support services until the county welfare department determines the good cause claim, as set forth in Section 11477.04. If good cause is determined to exist, the local child support agency shall suspend child support services until the applicant or recipient requests their resumption, and shall take such other measures as are necessary to protect the applicant or recipient and the children. If the applicant or recipient is the parent of the child for whom aid is sought and the parent is found to have not cooperated without good cause as provided in Section 11477.04, the applicant’s or recipient’s family grant shall be reduced by 25 percent for such time as the failure to cooperate lasts.
(b) Consistent with Section 17552 of the Family Code, if aid is paid under this chapter on behalf of a child who is under the jurisdiction of the juvenile court and whose parent or guardian is receiving reunification services, the county welfare department shall determine, prior to referral of the case to the local child support agency for child support services, whether the referral is in the best interest of the child, taking into account both of the following:
(1) Whether the payment of support by the parent will pose a barrier to the proposed reunification in that the payment of support will compromise the parent’s ability to meet the requirements of the parent’s reunification plan.
(2) Whether the payment of support by the parent will pose a barrier to the proposed reunification in that the payment of support will compromise the parent’s current or future ability to meet the financial needs of the child.

SEC. 7.

 Section 13758 is added to the Welfare and Institutions Code, to read:

13758.
 (a) Every youth who is in foster care and has been determined to be ineligible for AFDC-FC benefits shall be screened by the county for potential eligibility for the federal Supplemental Security Income program utilizing the best practice guidelines developed pursuant to Section 13752. The screening shall not occur any later than 120 days after the child is placed or upon concluding that the child is ineligible for AFDC-FC benefits, whichever is later.
(b) An application shall be submitted to the federal Social Security Administration on behalf of a youth who is screened as being likely to be eligible for federal Supplemental Security Income benefits.
SEC. 8.
 An appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall not be made for purposes of implementing this act.
SEC. 9.
 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 nor 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.