2007 California Welfare and Institutions Code Article 5. Aid To Families With Dependent Children--foster Care

CA Codes (wic:11400-11410)

11400.  For the purposes of this article, the following definitions
shall apply:
   (a) "Aid to Families with Dependent Children-Foster Care (AFDC-FC)"
means the aid provided on behalf of needy children in foster care
under the terms of this division.
   (b) "Case plan" means a written document that, at a minimum,
specifies the type of home in which the child shall be placed, the
safety of that home, and the appropriateness of that home to meet the
child's needs. It shall also include the agency's plan for ensuring
that the child receive proper care and protection in a safe
environment, and shall set forth the appropriate services to be
provided to the child, the child's family, and the foster parents, in
order to meet the child's needs while in foster care, and to reunify
the child with the child's family. In addition, the plan shall
specify the services that will be provided or steps that will be
taken to facilitate an alternate permanent plan if reunification is
not possible.
   (c) "Certified family home" means a family residence certified by
a licensed foster family agency and issued a certificate of approval
by that agency as meeting licensing standards, and used only by that
foster family agency for placements.
   (d) "Family home" means the family residency of a licensee in
which 24-hour care and supervision are provided for children.
   (e) "Small family home" means any residential facility, in the
licensee's family residence, which provides 24-hour care for six or
fewer foster children who have mental disorders or developmental or
physical disabilities and who require special care and supervision as
a result of their disabilities.
   (f) "Foster care" means the 24-hour out-of-home care provided to
children whose own families are unable or unwilling to care for them,
and who are in need of temporary or long-term substitute parenting.

   (g) "Foster family agency" means any individual or organization
engaged in the recruiting, certifying, and training of, and providing
professional support to, foster parents, or in finding homes or
other places for placement of children for temporary or permanent
care who require that level of care as an alternative to a group
home. Private foster family agencies shall be organized and operated
on a nonprofit basis.
   (h) "Group home" means a nondetention privately operated
residential home, organized and operated on a nonprofit basis only,
of any capacity, or a nondetention licensed residential care home
operated by the County of San Mateo with a capacity of up to 25 beds,
that provides services in a group setting to children in need of
care and supervision, as required by paragraph (1) of subdivision (a)
of Section 1502 of the Health and Safety Code.
   (i) "Periodic review" means review of a child's status by the
juvenile court or by an administrative review panel, that shall
include a consideration of the safety of the child, a determination
of the continuing need for placement in foster care, evaluation of
the goals for the placement and the progress toward meeting these
goals, and development of a target date for the child's return home
or establishment of alternative permanent placement.
   (j) "Permanency planning hearing" means a hearing conducted by the
juvenile court in which the child's future status, including whether
the child shall be returned home or another permanent plan shall be
developed, is determined.
   (k) "Placement and care" refers to the responsibility for the
welfare of a child vested in an agency or organization by virtue of
the agency or organization having (1) been delegated care, custody,
and control of a child by the juvenile court, (2) taken
responsibility, pursuant to a relinquishment or termination of
parental rights on a child, (3) taken the responsibility of
supervising a child detained by the juvenile court pursuant to
Section 319 or 636, or (4) signed a voluntary placement agreement for
the child's placement; or to the responsibility designated to an
individual by virtue of his or her being appointed the child's legal
guardian.
   (l) "Preplacement preventive services" means services that are
designed to help children remain with their families by preventing or
eliminating the need for removal.
   (m) "Relative" means an adult who is related to the child by
blood, adoption, or affinity within the fifth degree of kinship,
including stepparents, stepsiblings, and all relatives whose status
is preceded by the words "great," "great-great," or "grand" or the
spouse of any of these persons even if the marriage was terminated by
death or dissolution.
   (n) "Nonrelative extended family member" means an adult caregiver
who has an established familial or mentoring relationship with the
child, as described in Section 362.7.
   (o) "Voluntary placement" means an out-of-home placement of a
child by (1) the county welfare department after the parents or
guardians have requested the assistance of the county welfare
department and have signed a voluntary placement agreement; or (2)
the county welfare department licensed public or private adoption
agency, or the department acting as an adoption agency, after the
parents have requested the assistance of either the county welfare
department, the licensed public or private adoption agency, or the
department acting as an adoption agency for the purpose of adoption
planning, and have signed a voluntary placement agreement.
   (p) "Voluntary placement agreement" means a written agreement
between either the county welfare department, a licensed public or
private adoption agency, or the department acting as an adoption
agency, and the parents or guardians of a child that specifies, at a
minimum, the following:
   (1) The legal status of the child.
   (2) The rights and obligations of the parents or guardians, the
child, and the agency in which the child is placed.
   (q) "Original placement date" means the most recent date on which
the court detained a child and ordered an agency to be responsible
for supervising the child or the date on which an agency assumed
responsibility for a child due to termination of parental rights,
relinquishment, or voluntary placement.
   (r) "Transitional housing placement facility" means either of the
following:
   (1) A community care facility licensed by the State Department of
Social Services pursuant to Section 1559.110 of the Health and Safety
Code to provide transitional housing opportunities to persons at
least 16 years of age, and not more than 18 years of age unless they
satisfy the requirements of Section 11403, who are in out-of-home
placement under the supervision of the county department of social
services or the county probation department, and who are
participating in an independent living program.
   (2) A facility certified to provide transitional housing services
pursuant to subdivision (e) of Section 1559.110 of the Health and
Safety Code.
   (s) "Transitional housing placement program" means a program that
provides supervised housing opportunities to eligible youth pursuant
to Article 4 (commencing with Section 16522) of Chapter 5 of Part 4.

   (t) "Whole family foster home" means a new or existing family
home, approved relative caregiver or nonrelative extended family
member's home, the home of a nonrelated legal guardian whose
guardianship was established pursuant to Section 366.26 or 360,
certified family home that provides foster care for a minor parent
and his or her child, and is specifically recruited and trained to
assist the minor parent in developing the skills necessary to provide
a safe, stable, and permanent home for his or her child. The child
of the minor parent need not be the subject of a petition filed
pursuant to Section 300 to qualify for placement in a whole family
foster home.
   (u) This section shall become operative on January 1, 2008.



11400.1.  (a) For purposes of this article, "crisis nursery" means a
facility licensed to provide short-term, 24-hour nonmedical
residential care and supervision for children under six years of age
who are either voluntarily placed for temporary care by a parent or
legal guardian due to a family crisis or stressful situation for no
more than 30 days or, except as provided in subdivision (e) of
Section 1516 of the Health and Safety Code, who are temporarily
placed by a county child welfare service agency for no more than 14
days.
  (b) This section shall remain in effect only until July 1, 2011,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2011, deletes or extends that date.




11401.  Aid in the form of AFDC-FC shall be provided under this
chapter on behalf of any child under the age of 18 years, except as
provided in Section 11403, who meets the conditions of subdivision
(a), (b), (c), (d), (e), (f), or (g):
   (a) The child has been relinquished, for purposes of adoption, to
a licensed adoption agency, or the department, or the parental rights
of either or both of his or her parents have been terminated after
an action under the Family Code has been brought by a licensed
adoption agency or the department, provided that the licensed
adoption agency or the department, if responsible for placement and
care, provides to those children all services as required by the
department to children in foster care.
   (b) The child has been removed from the physical custody of his or
her parent, relative, or guardian as a result of a voluntary
placement agreement or a judicial determination that continuance in
the home would be contrary to the child's welfare and that, if the
child was placed in foster care, reasonable efforts were made,
consistent with Chapter 5 (commencing with Section 16500) of Part 4,
to prevent or eliminate the need for removal of the child from his or
her home and to make it possible for the child to return to his or
her home, and any of the following applies:
   (1) The child has been adjudged a dependent child of the court on
the grounds that he or she is a person described by Section 300.
   (2) The child has been adjudged a ward of the court on the grounds
that he or she is a person described by Sections 601 and 602.
   (3) The child has been detained under a court order, pursuant to
Section 319 or 636, that remains in effect.
   (4) The child's dependency jurisdiction has resumed pursuant to
Section 387.
   (c) The child has been voluntarily placed by his or her parent or
guardian pursuant to Section 11401.1.
   (d) The child is living in the home of a nonrelated legal
guardian.
   (e) The child has been placed in foster care under the federal
Indian Child Welfare Act. Sections 11402, 11404, and 11405 shall not
be construed as limiting payments to Indian children, as defined in
the federal Indian Child Welfare Act, placed in accordance with that
act.
   (f) To be eligible for federal financial participation, either of
the following conditions shall be satisfied:
   (1) (A) The child meets the conditions of subdivision (b).
   (B) The child has been deprived of parental support or care for
any of the reasons set forth in Section 11250.
   (C) The child has been removed from the home of a relative as
defined in Section 233.90(c)(1) of Title 45 of the Code of Federal
Regulations, as amended.
   (D) The requirements of Sections 671 and 672 of Title 42 of the
United States Code, as amended, have been met.
   (2) (A) The child meets the requirements of subdivision (g).
   (B) The requirements of Sections 671 and 672 of Title 42 of the
United States Code, as amended, have been met.
   (C) This paragraph shall be implemented only if federal financial
participation is available for the children described in this
paragraph.
   (g) The child meets all of the following conditions:
   (1) The child has been adjudged to be a dependent child or ward of
the court on the grounds that he or she is a person described in
Section 300.
   (2) The child's parent also has been adjudged to be a dependent
child of the court on the grounds that he or she is a person
described by Section 300 or Section 602 and is receiving benefits
under this chapter.
   (3) The child is placed in the same licensed or approved foster
care facility in which his or her parent is placed and the child's
parent is receiving reunification services with respect to that
child.



11401.1.  (a) Otherwise eligible children placed voluntarily prior
to January 1, 1981, may remain eligible for AFDC-FC payments.
   (b) Beginning on January 1, 1982, AFDC-FC payments for children
placed voluntarily on or after January 1, 1981, shall be limited to a
period of up to six months under conditions specified by
departmental regulations, and may be extended an additional six
months pursuant to Section 16507.3 and departmental regulations.
   This section shall become operative on January 1, 1984.



11401.2.  AFDC-FC shall be paid to an otherwise eligible child in a
voluntary placement in a demonstration county for a period not to
exceed six months, with a maximum extension of an additional six
months.


11401.4.  A child living with his or her parent who is a minor and a
recipient of AFDC-FC benefits shall be deemed a child with respect
to whom AFDC-FC payments are made.



11401.5.  (a) The county shall redetermine AFDC-FC eligibility
annually and no less than required under federal law.  This shall
include an examination of any circumstances of a foster child that
are subject to change and could effect the child's potential
eligibility, including, but not limited to, deprivation, financial
need, authority for placement, eligible facility, and age.
   (b) At the time of the redetermination, the parent or legal
guardian from whom the child was removed shall complete a statement
of facts supporting continued eligibility.  If the parent or legal
guardian is unavailable or uncooperative, the county shall complete
the statement of facts on the child's behalf.



11401.6.  At the time of determining eligibility for AFDC-FC
payments, the county shall also determine whether the child is
currently in receipt of benefits pursuant to Title II or Title XVI of
the Social Security Act. If so, the county shall apply to become the
child's representative payee, as appropriate, during the time the
child is placed in foster care.



11402.  In order to be eligible for AFDC-FC, a child shall be placed
in one of the following:
   (a) The approved home of a relative, provided the child is
otherwise eligible for federal financial participation in the AFDC-FC
payment.
   (b) (1) The licensed family home of a nonrelative.
   (2) The approved home of a nonrelative extended family member as
described in Section 362.7.
   (c) A licensed group home, as defined in subdivision (h) of
Section 11400, provided that the placement worker has documented that
the placement is necessary to meet the treatment needs of the child
and that the facility offers those treatment services.
   (d) The home of a nonrelated legal guardian or the home of a
former nonrelated legal guardian when the guardianship of a child who
is otherwise eligible for AFDC-FC has been dismissed due to the
child's attaining 18 years of age.
   (e) An exclusive-use home.
   (f) A licensed transitional housing placement facility, as
described in Section 1559.110 of the Health and Safety Code, and as
defined in Section 11400.
   (g) An out-of-state group home, provided that the placement
worker, in addition to complying with all other statutory
requirements for placing a minor in an out-of-state group home,
documents that the requirements of Section 7911.1 of the Family Code
have been met.
   (h) A licensed crisis nursery, as described in Section 1516 of the
Health and Safety Code, and as defined in subdivision (a) of Section
11400.1.
   (i) This section shall remain in effect only until July 1, 2011,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2011, deletes or extends that date.




11402.  In order to be eligible for AFDC-FC, a child shall be placed
in one of the following:
   (a) The approved home of a relative, provided the child is
otherwise eligible for federal financial participation in the AFDC-FC
payment.
   (b) (1) The licensed family home of a nonrelative.
   (2) The approved home of a nonrelative extended family member as
described in Section 362.7.
   (c) A licensed group home, as defined in subdivision (h) of
Section 11400, provided that the placement worker has documented that
the placement is necessary to meet the treatment needs of the child
and that the facility offers those treatment services.
   (d) The home of a nonrelated legal guardian or the home of a
former nonrelated legal guardian when the guardianship of a child who
is otherwise eligible for AFDC-FC has been dismissed due to the
child's attaining 18 years of age.
   (e) An exclusive-use home.
   (f) A licensed transitional housing placement facility as
described in Section 1559.110 of the Health and Safety Code and as
defined in Section 11400.
   (g) An out-of-state group home, provided that the placement
worker, in addition to complying with all other statutory
requirements for placing a minor in an out-of-state group home,
documents that the requirements of Section 7911.1 of the Family Code
have been met.
   (h) This section shall become operative on July 1, 2011.



11402.1.  For purposes of Section 11402, "eligible for federal
financial participation" means that the payment is consistent with an
approved state plan under Sections 671 and following of Title 42 of
the United States Code, authorizing federal financial participation
in the payment.  Notwithstanding any other provision of law, until
and unless federal financial participation is obtained, no payment of
AFDC-FC may be made from either state or county funds on behalf of a
child determined to be eligible for AFDC-FC solely as a result of
the decision of the California Court of Appeal in Land v. Anderson
(1997) 55 Cal.App.4th 89.


11402.5.  (a) The federal government has provided the state the
option of including in its state plan children placed in public child
care institutions.  Therefore, notwithstanding Section 11402 and
subject to Section 15200.5, it is the intent of the Legislature that
a child who is otherwise eligible for federal financial participation
in the AFDC-FC payment may be eligible for aid under the provisions
of this chapter when the child is placed in a public child care
institution.  Payment under the provisions of this section cannot
exceed 30 days, except as provided in subdivision (b).  This
provision is effective only if and during such federal fiscal year
when no restriction, as defined by the department, on federal
matching for AFDC-FC payments exists.  Pursuant to this section, the
county shall request reimbursement at the close of the federal fiscal
year.  As used in this section, "public child care institution"
means a nondetention facility which has been licensed in accordance
with the Community Care Facilities Act, Chapter 3 (commencing with
Section 1500) of Division 2 of the Health and Safety Code, and which
has a licensed capacity not exceeding 25 children.
   (b) When a child is hard to place, as defined in departmental
regulations, and when the child is not placed in an emergency
shelter, payment may be made under this section for a period not
exceeding 90 days.
   (c) Upon notification from the federal government that the
restrictions on federal matching specified in subdivision (a) do not
exist, the department shall amend the state plan to authorize federal
financial participation to a county or counties operating a public
child care institution with a licensed capacity exceeding 25
children.
   (d) For purposes of subdivision (c), "public child care
institution" includes only those facilities that meet all of the
following requirements:
   (1) It is temporary shelter care facility, as defined in Section
1530.8 of the Health and Safety Code.
   (2) (A) Except as provided in subparagraph (B), it has a licensed
capacity that does not exceed 200 children.
   (B) A facility in Orange County may have a licensed capacity of
not more than 236 children.



11402.6.  (a) The federal government has provided the state with the
option of including in its state plan children placed in a private
facility operated on a for-profit basis.
   (b) For children for whom the county placing agency has exhausted
all other placement options, notwithstanding subdivision (h) of
Section 11400 and subject to Section 15200.5, a child who is
otherwise eligible for federal financial participation in the AFDC-FC
payment shall be eligible for aid under this chapter when the child
is placed in a for-profit child care institution and meets all of the
following criteria, which shall be clearly documented in the county
welfare department case file:
   (1) The child has extraordinary and unusual special behavioral or
medical needs that make the child difficult to place, including, but
not limited to, being medically fragile, brittle diabetic, having
severe head injuries, a dual diagnosis of mental illness and
substance abuse or a dual diagnosis of developmental delay and mental
illness.
   (2) No other comparable private nonprofit facility or public
licensed residential care home exists in the state that is willing to
accept placement and is capable of meeting the child's extraordinary
special needs.
   (3) The county placing agency has demonstrated that no other
alternate placement option exists for the child.
   (4) The child has a developmental disability and is eligible for
both federal AFDC-FC payments and for regional center services.
   (c) Federal financial participation shall be provided pursuant to
Section 11402 for children described in subdivision (a) subject to
all of the following conditions, which shall be clearly documented in
the county welfare department case file.
   (1) The county placing agency enters into a performance based
placement agreement with the for-profit facility to ensure the
facility is providing services to improve the safety, permanency, and
well-being outcomes of the placed children pursuant to Section
10601.2.
   (2) The county placing agency will require the facility to ensure
placement in the child's community to the degree possible to enhance
ongoing connections with the child's family and to promote the
establishment of lifelong connections with committed adults.
   (3) The county placing agency monitors and reviews the facility's
outcome performance indicators every six months.
   (4) In no event shall federal financial participation in this
placement exceed a 12-month period.
   (5) Payments made under this section shall not be made on behalf
of any more than five children in a county at any one time.
   (6) Payments made under this section shall be made pursuant to
Sections 4684 and 11464, and only to a group home that is an approved
vendor of a regional center.
   (d) This section shall be implemented only during a federal fiscal
year in which the department determines that no restriction on
federal matching AFDC-FC payment exists.
   (e) As used in this section, "child care institution" means a
nondetention facility that has been licensed in accordance with the
California Community Care Facilities Act, Chapter 3 (commencing with
Section 1500) of Division 2 of the Health and Safety Code, and that
has a licensed capacity not exceeding 25 children.
   (f) The county placing agency shall review and report to the
juvenile court at every six-month case plan update if this placement
remains appropriate and necessary and what the plan is for discharge
to a less restrictive placement.
   (g) Notwithstanding subdivision (d) or any other provision of law,
this section shall not be implemented before July 1, 2010.



11402.9.  In order to receive funding on behalf of children
receiving AFDC-FC, each group home shall provide a full disclosure of
all financial information related to its operation, including
independent certification of the information provided, in a manner
and format established by the department.



11403.  A child who is in foster care and receiving aid pursuant to
this chapter and who is attending high school or the equivalent level
of vocational or technical training on a full-time basis, or who is
in the process of pursuing a high school equivalency certificate,
prior to his or her 18th birthday, may continue to receive aid
following his or her 18th birthday so long as the child continues to
reside in foster care placement, remains otherwise eligible for
AFDC-FC payments, and continues to attend high school or the
equivalent level of vocational or technical training on a full-time
basis, or continues to pursue a high school equivalency certificate,
and the child may reasonably be expected to complete the educational
or training program or to receive a high school equivalency
certificate, before his or her 19th birthday. Aid shall be provided
to an individual pursuant to this section provided both the
individual and the agency responsible for the foster care placement
have signed a mutual agreement, if the individual is capable of
making an informed agreement, which documents the continued need for
out-of-home placement.



11403.1.  (a) (1) The Legislature finds and declares that former
foster youth are a vulnerable population at risk of homelessness,
unemployment, welfare dependency, incarceration, and other adverse
outcomes if they exit the foster care system unprepared to become
self-sufficient.  Unlike many young individuals 18 years of age who
can depend on family for ongoing support while they complete
postsecondary education or develop career opportunities, emancipating
foster youth have their primary source of support, AFDC-Foster Care
payments, terminated at 18 years of age and are then dependent on
their own resources for self-support.  Some foster youth are not able
to complete high school or other education or training programs due
to ongoing trauma from the parental abuse or neglect and gaps in
their educational attainment stemming from the original removal and
subsequent changes in placement.
   (2) Completion of an educational or training program is an
essential, minimum skill needed by foster youth in order to be
competitive in today's economy.
   (3) It is therefore the intent of the Legislature to create, for
counties that opt to participate, the Supportive Transitional
Emancipation Program (STEP) in which emancipated foster youth shall
be eligible to receive support while participating in an educational
or training program, or any activity consistent with their
transitional independent living plan up to 21 years of age.
   (b) A person who meets all of the following conditions shall be
eligible to receive aid under this section:
   (1) The person either was in foster care and emancipated upon
reaching the age limitations specified in Section 11401 or received
aid pursuant to Kin-GAP under Article 4.5 (commencing with Section
11360) and emancipated upon reaching the age limitations specified in
Section 11363.
   (2) The person is participating in an educational or training
program, or any activity consistent with his or her transitional
independent living plan.
   (3) The person is under 21 years of age.
   (4) The person has emancipated from a county that is participating
in the STEP program.
   (c) Aid under this section shall be provided pursuant to a
transitional independent living plan mutually agreed upon by the
emancipated foster youth and the county welfare or probation
department or independent living program coordinator, which shall be
reviewed annually.  The youth participating in STEP has the
responsibility to inform the county of changes to the conditions in
the agreed-upon plan that affect payment of aid, including changes in
address, living circumstances, and the educational or training
program.
   (d) For purposes of this section, "emancipated foster youth" means
a person who meets the eligibility criteria in subdivision (b).
   (e) (1) In determining the amount of aid under this section, the
rate provided to the youth shall be equivalent to the basic rate
provided to a foster family home provider pursuant to Section 11461.

   (2) If the emancipated youth remains in placement, payment shall
be made to the care provider, including a transitional housing
placement program, at a rate equivalent to the basic rate provided to
a foster family home provider pursuant to Section 11461.
   (f) Unless otherwise provided by federal law, receipt of aid under
this section shall not be considered income either for purposes of
eligibility for services provided in other federal or state programs,
or for grants that may be provided by an institution of higher
education, including, but not limited to, Cal Grants or other grants
or fee waivers.
   (g) (1) Aid under this section shall be provided to eligible youth
who have emancipated from a county that elects to participate under
this section.
   (2) Each participating county welfare department shall notify all
foster youth in that county, including those receiving Kin-GAP, ages
16 to 19 years, inclusive, of the existence of the program prescribed
by this section.
   (h) The department shall seek any federal funds available for
implementation of this section, including, but not limited to, funds
available under Title IV of the Social Security Act (42 U.S.C. Sec.
601 et seq.).  Implementation of this section shall not, however, be
contingent upon receipt of any federal funding.  The department shall
seek any waiver from the Secretary of the United States Department
of Health and Human Services that is necessary to implement this
section.
   (i) Funding shall be subject to the sharing ratios specified in
subdivision (c) of Section 15200.
   (j) This section shall be implemented only to the extent funds are
appropriated for that purpose in the annual Budget Act.
   (k) This section shall be operative on January 1, 2002.



11403.2.  (a) The following persons shall be eligible for
transitional housing placement program services provided pursuant to
Article 4 (commencing with Section 16522) of Chapter 5 of Part 4:
   (1) Any minor at least 16 years of age and not more than 18 years
of age, except as provided in Section 11403, who is eligible for
AFDC-Foster Care benefits under this chapter and who meets the
requirements in Section 16522.2.
   (2) Any person less than 24 years of age who has emancipated from
a county that has elected to participate in a transitional housing
placement program for youths who are at least 18 years of age and
under 24 years of age, as described in subdivision (r) of Section
11400, provided he or she has not received services under this
paragraph for more than a total of 24 months, whether or not
consecutive. If the person participating in a transitional housing
placement program is not receiving aid under Section 11403.1, he or
she, as a condition of participation, shall enter into, and execute
the provisions of, a transitional independent living plan that shall
be mutually agreed upon, and annually reviewed, by the emancipated
foster youth and the county welfare or probation department or
independent living program coordinator. The youth participating under
this paragraph shall inform the county of any changes to conditions
specified in the agreed-upon plan that affect eligibility, including
changes in address, living circumstances, and the educational or
training program.
   (b) Payment on behalf of an eligible person receiving transitional
housing services shall be made to the transitional housing placement
program pursuant to the conditions and limitations set forth in
Section 11403.3.


11403.3.  (a) (1) Subject to subdivision (b), a transitional housing
placement program, as defined in Section 11400, that provides
transitional housing services to an eligible youth in a facility
licensed pursuant to subdivision (a) of Section 1559.110 of the
Health and Safety Code, shall be paid a monthly rate that is 75
percent of the average foster care expenditures for foster youth 16
to 18 years of age, inclusive, in group home care in the county in
which the program operates.
   (2) Subject to subdivision (c), a transitional housing placement
program, as defined in Section 11400, that provides transitional
housing services to an eligible youth in a facility certified
pursuant to subdivision (e) of Section 1559.110 of the Health and
Safety Code, shall be paid a monthly rate that is 70 percent of the
average foster care expenditures for foster youth 16 to 18 years of
age, inclusive, in group home care in the county in which the program
operates.
   (b) Payment to a transitional housing placement program for
transitional housing services provided to a person described in
paragraph (1) of subdivision (a) of Section 11403.2 shall be subject
to the following conditions:
   (1) An amount equal to the base rate, as defined in subdivision
(d), shall be paid for transitional housing services provided.
   (2) Any additional amount payable pursuant to subdivision (a)
shall be contingent on both of the following:
   (A) The availability of moneys in the Transitional Housing for
Foster Youth Fund established in Section 11403.4, or appropriated for
this purpose in the annual Budget Act for the cost of the program,
to pay the state share of cost of the additional amount.
   (B) Election by the county placing the youth in the transitional
housing placement program to participate in the costs of the
additional amount, pursuant to subdivision (g).
   (c) (1) Payment to a transitional housing placement program for
transitional housing services provided pursuant to paragraph (2) of
subdivision (a) of Section 11403.2 shall be subject to the following
conditions:
   (A) Any Supportive Transitional Emancipation Program (STEP)
payment payable pursuant to Section 11403.1 shall be paid for
transitional housing services provided.
   (B) Any amount payable pursuant to subdivision (a) to a
transitional housing placement program for services provided to a
person described in paragraph (2) of subdivision (a) of Section
11403.2 shall be paid contingent on the availability of moneys
appropriated for this purpose in the annual Budget Act for the cost
of the program.
   (2) The department may limit new participants into transitional
housing placement programs if costs for this subdivision are
projected to exceed moneys appropriated for this purpose in the
annual Budget Act.
   (d) (1) As used in this section, "base rate" means the rate a
transitional housing placement program was approved to receive on
June 30, 2001. If a program commences operation after this date, the
base rate shall be the rate the program would have received if it had
been operational on June 30, 2001.
   (2) Notwithstanding subdivision (a), no transitional housing
placement program with an approved rate on July 1, 2001, shall
receive a lower rate than its base rate.
   (e) Any reductions in payments to a transitional housing placement
program pursuant to the implementation of paragraph (2) of
subdivision (b) or subparagraph (B) of paragraph (1) of subdivision
(c) shall not preclude the program from acquiring from other sources,
additional funding necessary to provide program services.
   (f) The department shall develop, implement, and maintain a
ratesetting system schedule for transitional housing placement
programs pursuant to subdivisions (a) to (d), inclusive.
   (g) (1) Funding for the rates payable under this section for
persons described in paragraph (1) of subdivision (a) of Section
11403.2 shall be subject to a sharing ratio of 40 percent state and
60 percent county share of nonfederal funds.
   (2) Funding for the rates payable under this section for persons
described in paragraph (2) of subdivision (a) of Section 11403.2
shall be subject to a sharing ratio of 100 percent state and 0
percent county funds.



11403.4.  (a) The Transitional Housing for Foster Youth Fund is
hereby created in the State Treasury for the purposes specified in
this section.
   (b) Except as otherwise limited by this section, the fund shall
consist of all of the following:
   (1) All public moneys transferred into the fund.
   (2) Any interest that accrues on amounts in the fund.
   (c) All moneys in the fund shall be used for the purpose of costs
incurred pursuant to paragraph (2) of subdivision (b) or subparagraph
(B) of paragraph (1) of subdivision (c) of Section 11403.3.
   (d) Notwithstanding Section 13340 of the Government Code, moneys
in the fund are continuously appropriated, without regard to fiscal
years, for the purposes specified in subdivision (c).



11404.  (a) Except as provided in Section 11405, a child is not
eligible for AFDC-FC unless responsibility for placement and care of
the child is with the county welfare department or Indian tribe that
entered into an agreement pursuant to Section 10553.1, the county
probation department which has an agreement with the county welfare
department, or a licensed public adoption agency, licensed private
adoption agency, or the department.
   (b) In order for the child to be eligible for AFDC-FC, the agency
with responsibility for the child's placement and care shall, in
accordance with departmental regulations do all of the following:
   (1) For children removed after October 1, 1983, document that it
provided preplacement preventive services to the child prior to the
child's placement in foster care, and document why provisions of
these services were not successful in maintaining the child in his or
her home, unless it is documented that these services were not
provided due to either of the following:
   (A) The voluntary relinquishment of the child by one or both
parents or court action declaring a child free from the custody and
control of one or both parents.
   (B) The child's residence with a nonrelated legal guardian.
   (2) Develop a written assessment of the reasons necessitating the
child's placement in foster care and the treatment needs of the child
while in foster care to be updated by the agency no less frequently
than once every six months. Where the child is a parent who has a
child living with him or her in the same eligible facility, the
assessment shall also address the needs of his or her child.
   (3) Develop a case plan for the child within a maximum of 60 days
of placement.
   (4) Ensure that services are provided to return the child to his
or her own home or establish an alternative permanent placement for
the child if returning home is not possible or is inappropriate.




11404.1.  In order to be eligible for AFDC-FC, the child shall
receive a periodic review no less frequently than once every six
months and a permanency hearing within 12 months after the date the
child entered foster care, as provided in subdivision (a) of Section
361.5.  The child shall also receive permanency planning hearings
periodically, but no less frequently than once each 12 months
thereafter, as required by subdivision (d) of Section 366.3
throughout the period of foster care placement.  Periodic reviews and
permanency planning hearings shall not be required for a child who
is residing with a nonrelated legal guardian.



11404.2.  When a child qualified for federal financial participation
under the AFDC-FC program is residing with a relative caretaker and
the relative caretaker makes application to adopt the child, the
relative caretaker shall, notwithstanding state law or regulations,
continue to be eligible for foster care payments for the period after
the child's parents' rights have been terminated, either by
relinquishment or by an action of the juvenile court, and until the
adoption of the child is finalized.  This payment shall be terminated
upon either finalization of the adoption or denial of the adoption
application.


11405.  (a) AFDC-FC shall be paid to an otherwise eligible child
living with a nonrelated legal guardian, provided that the legal
guardian cooperates with the county welfare department in all of the
following:
   (1) Developing a written assessment of the child's needs.
   (2) Updating the assessment no less frequently than once every six
months.
   (3) Carrying out the case plan developed by the county.
   (b) When AFDC-FC is applied for on behalf of a child living with a
nonrelated legal guardian the county welfare department shall do all
of the following:
   (1) Develop a written assessment of the child's needs.
   (2) Update those assessments no less frequently than once every
six months.
   (3) Develop a case plan that specifies how the problems identified
in the assessment are to be addressed.
   (4) Make visits to the child as often as appropriate, but in no
event less often than once every six months.
   (c) Where the child is a parent and has a child living with him or
her in the same eligible facility, the assessment required by
paragraph (1) of subdivision (a) shall include the needs of his or
her child.
   (d) Nonrelated legal guardians of eligible children who are in
receipt of AFDC-FC payments described in this section shall be exempt
from the requirement to register with the Statewide Registry of
Private Professional Guardians pursuant to Sections 2850 and 2851 of
the Probate Code.



11406.5.  A refugee who is eligible for, and is required to
participate in, an alternative project implemented pursuant to
Section 412(e)(7) of the federal Immigration and Nationality Act
(Section 1522(e)(7) of Title 8 of the United States Code), shall not
be eligible for benefits under this chapter.  This section shall
apply only when an alternative project uses payment levels for
project participants that are substantially equal to payment levels
in effect for persons receiving aid under this chapter, with respect
to both cash and in-kind payments, and if the assistance provided to
the alternative project participant is considered a grant rather than
a loan.



11407.  If, when and during such times as the federal statutes
provide federal funds for any child who is granted aid pursuant to
subsection (b) of Section 11450, the department shall establish such
regulations as are necessary for this state to qualify for any
federal funds available.



11408.  County claims for aid to needy children placed in foster
care, as defined by the rules and regulations of the department,
shall be filed separately and distinct from other claims and shall be
filed for aid furnished by the county at times and in the manner
prescribed by the department. Payments for such children may be made
subsequent to the furnishing of care and support to needy children in
foster care.  Payments may be made at the end of each month for the
needy children maintained in foster care during the month.



11409.  To the extent required by federal law, the department shall
establish specific numeric goals for the number of children receiving
AFDC-FC payments who have been in foster care two years or longer.



11410.  (a) The department shall amend the foster care state plan
required under Subtitle IV-E (commencing with Section 470) of the
federal Social Security Act (42 U.S.C. Sec. 670 et seq.), to
authorize counties that elect to subsidize child care for foster
parents to use federal matching funds under Subtitle IV-E for that
purpose.
   (b) When approved by the federal government, counties electing to
administer the Foster Parent Child Care Program shall follow the
guidelines developed by the State Department of Social Services.
   (c) Federal funds used by a county pursuant to this section shall
be matched only by county funds pursuant to Section 15200.5.