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.