California Fostering Connections to Success Act.

Existing law, the California Fostering Connections to Success Act, revises and expands the scope of various programs relating to the provision of cash assistance and other services to and for the benefit of certain foster and adopted children, and other children who have been placed in out-of-home care, including children who receive Aid to Families with Dependent Children-Foster Care (AFDC-FC) , Adoption Assistance Program, California Work Opportunity and Responsibility to Kids (CalWORKs) , and Kinship Guardianship Assistance Payment (Kin-GAP) benefits. Among other provisions, the act extends specified foster care benefits to youth up to 19, 20, and 21 years of age, if specified conditions are met, commencing January 1, 2012. Existing law, through the Kin-GAP program, which is a part of the CalWORKs program, provides aid on behalf of eligible children who are placed in the home of a relative caretaker. Existing law provides state-funded Kin-GAP assistance for youth not eligible under the federally funded program and requires the state to exercise its option under specified federal law to establish a kinship guardianship assistance payment program, as specified, for youth eligible for federal financial participation for Kin-GAP. Existing law authorizes, under specified conditions, the Kin-GAP payment to be made directly to an eligible nonminor. Under existing law, CalWORKs benefits may not be granted to or on behalf of any child who has attained 18 years of age, unless the child is attending high school or the equivalent level of vocational or technical training on a full-time basis, and is expected to complete the educational or training program before his or her 19th birthday. This bill would establish similar provisions authorizing certain Kin-GAP recipients to continue to receive Kin-GAP aid after 18 years of age, if they are attending high school or vocational or technical training, as specified. The bill would require county child welfare services agencies to submit to the Department of Justice fingerprint images and related information of all THP-Plus Foster Care providers before issuing a certificate of approval to a THP-Plus Foster Care provider applicant. By increasing county responsibilities in administering the Kin-GAP program, this bill would impose a state-mandated local program. The bill would also remove the authority for payment directly to a nonminor. The bill would make related conforming changes. This bill would, for guardianships established after January 1, 2012, require payment for certain reasonable and verified nonrecurring expenses associated with obtaining legal guardianship, not to exceed the amount specified in federal law. This bill would recast and revise definitions applicable to the extension of AFDC-FC payments to nonminor dependents who are under the jurisdiction of the juvenile court, pursuant to a voluntary reentry agreement, and in accordance with a transitional independent living case plan. Under existing law, AFDC-FC payments for children placed voluntarily on and after January 1, 1981, are limited to 180 days, and may be extended an additional 6 months, as specified. This bill, on and after January 1, 2012, would limit AFDC-FC payments to 180 days to nonminor dependents who reentered foster care placement. The bill would impose a state-mandated local program by requiring county child welfare services departments to file a specified petition relating to the interests of the nonminor in reentry and remaining in foster care. This bill also would impose a state-mandated local program by requiring county child welfare services departments to complete the voluntary reentry agreement with a nonminor, and to establish a new child-only foster care eligibility determination, in accordance with a specified provision of federal law, based on the nonminor's completion of that agreement. Existing law imposes specified duties on the State Department of Social Services and local child support agencies regarding the collection and enforcement of child support in cases where a child has been removed from the parental home. This bill would modify these provisions to incorporate nonminor dependents within the existing authority, including specifying that a nonminor dependent over 19 years of age is not a child for purposes of referral to the local child support agency. Existing law requires a county welfare department to provide certain information, documents, and services to a court prior to a hearing to terminate dependency jurisdiction, as specified. This bill would expand the documents required to be provided under the above circumstances, to include, among other things, an advance health care directive form. By increasing the duties of county welfare departments, the bill would impose a state-mandated local program. Under existing law, when a minor who is a ward of the juvenile court is placed in out-of-home care and the court orders a hearing to consider permanently terminating parental rights to free the minor for adoption, the court is required to direct the agency supervising the minor and the licensed county adoption agency or the State Department of Social Services, as specified, to prepare an assessment that includes specified information. This bill would revise the contents of the required assessment including requiring consideration of the effect of a relative caregiver's preference for legal guardianship over adoption, as specified. To the extent that this requirement would increase the duties of county adoption agencies, the bill would impose a state-mandated local program. Existing law, on and after January 1, 2012, authorizes the juvenile court to assert dependency jurisdiction over a delinquent ward who had been previously removed from the custody of his or her parents and placed in foster care, as specified, and requires the county probation department and child welfare services department to develop a protocol for coordination of the assessment of these wards. This bill would delete the provisions authorizing the juvenile court to assert dependency jurisdiction over these wards and would require the county probation and child welfare services departments to include additional processes in the assessment protocols. The bill would require the juvenile court to include specified terms in its order modifying jurisdiction over a dependent or ward who was removed from his or her parents or guardian and placed in foster care. Existing law, on and after, January 1, 2012, allows a nonminor who left foster care at or after the age of majority to petition the court to have dependency or delinquency jurisdiction resumed, as provided. This bill would establish transition jurisdiction for the juvenile court and would specify the criteria required to come within this jurisdiction. The bill would authorize a nonminor to petition the juvenile court to resume dependency jurisdiction or to assume or resume transition jurisdiction. The bill would require the court to hold a hearing before terminating transition jurisdiction over a nonminor dependent, as defined, and would require the agency responsible for supervising the nonminor dependent to complete certain duties in connection with this hearing. Because the bill would increase the duties of a county department, it would impose a state-mandated local program. Existing law specifies the grounds for finding a person under 18 years of age to be a ward of the juvenile court. This bill would, on and after January 1, 2012, require the court to hold a hearing before terminating its jurisdiction over a ward who meets specified criteria and would require the probation department to complete certain duties, including submitting a report to the court and other documents, when the transition hearing is for a nonminor ward and subject to a foster care placement order. Because the bill would thereby increase the duties of a county department, it would impose a state-mandated local program. Existing law requires the juvenile court to review the status at least once every 6 months of every minor declared to be a ward and placed in foster care. Under existing law, on and after January 1, 2012, the juvenile court at the status review hearing held closest to the ward's 18th birthday, but no fewer than 60 days before that date, is required to consider modifying its jurisdiction to assume dependency jurisdiction over the ward. This bill would change the required date for this status review hearing to no fewer than 90 days before the ward's 18th birthday and would require the court to consider modifying its jurisdiction to transition rather than dependency jurisdiction or, if the ward does not meet the criteria for transition jurisdiction, to order that a petition be filed to declare the ward a dependent. Existing law authorizes the sealing of juvenile court records under specified procedures. This bill would authorize the juvenile court to access sealed records to determine whether a nonminor petitioning to resume dependency or delinquency jurisdiction meets the required criteria for that petition. Existing law requires the juvenile court to authorize a trial period of independence away from foster care when terminating its dependency jurisdiction over a nonminor dependent who has a permanent plan of long-term foster care and, on and after January 1, 2012, authorizes a nonminor in a period of trial independence to petition the court to resume dependency or delinquency jurisdiction. This bill would delete the provisions requiring the court to authorize this trial period and would instead allow the nonminor or other designated entities to petition the court to resume the dependency jurisdiction or to assume or resume transition jurisdiction over a former delinquent ward. Existing law, the California Community Care Facilities Act, generally regulates the licensure and operation of various community care facilities. The act requires a placement agency to notify the appropriate licensing agency of certain activities that would jeopardize the health or safety of a community care resident. Violation of the act is a misdemeanor. This bill would include incidents of abuse, neglect, or exploitation of a nonminor dependent, as defined, by a licensed caregiver while the nonminor is in a foster care placement to the list of incidents that are reportable by a placement agency. By changing the definition of an existing crime, the bill would impose a state-mandated local program. Existing law requires a child reported to the county child welfare services department to be eligible for initial intake and evaluation of risk services, and sets forth the duties of the county in this regard. This bill would extend the above-described evaluation of risk services to nonminor dependents in foster care placement, and would require the county to cross-report the abuse, neglect, or exploitation of the nonminor dependent by his or her caregiver, thus imposing a state-mandated local program. This bill also would make various technical, nonsubstantive, and conforming changes to the California Fostering Connections to Success Act and related provisions. Existing law requires the department to administer the Family Preservation and Support Program, as specified in federal law. This bill would, instead, require the department to administer the federal Promoting Safe and Stable Families funds, as specified. This bill would incorporate additional changes in Section 11170 of the Penal Code made by AB 717, to become operative if AB 717 and this bill become effective on or before January 1, 2012, and this bill is enacted last. This bill would incorporate additional changes in Section 391 of the Welfare and Institutions Code made by AB 735, to become operative if AB 735 and this bill become effective on or before January 1, 2012, and this bill is enacted last. 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 declare that it is to take effect immediately as an urgency statute.