2011 California Code
Welfare and Institutions Code
DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18996]
CHAPTER 6.2. Foster Care Social Security and Supplemental Security Income Assistance Program
Section 13757

(a) (1) Subject to paragraph (2), every youth who is in foster care and nearing emancipation shall be screened by the county for potential eligibility for the federal Supplemental Security Income (SSI) program utilizing the best practice guidelines developed pursuant to Section 13752.

(2) The screening required in paragraph (1) shall only occur when the foster youth is at least 16 years and six months of age and not older than 17 years and six months of age. 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. To the extent possible, the application shall be timed to allow for a determination of eligibility by the Social Security Administration prior to the youth s emancipation from care including, if appropriate, the suspension of Supplemental Security Income benefits for no more than 12 months.

(b) In carrying out the requirements of subdivision (a) for a youth receiving federally funded AFDC-FC benefits, the county shall, if necessary, forego federally funded AFDC-FC and instead use state AFDC-FC resources to fund the placement in the month of application or in the month after making an application, and to subsequently reclaim federally funded AFDC-FC, in order to ensure that the youth meets all of the SSI eligibility requirements in a single month while the application is pending, as provided by federal law and regulation. Notwithstanding subdivision (a) of Section 11402, this section shall apply to a foster youth regardless of his or her federal AFDC-FC eligibility.

(c) Prior to the implementation of subdivision (b), the State Department of Social Services shall obtain clarification from the Social Security Administration and the United States Department of Health and Human Services by January 1, 2008, that the funding mechanism described in subdivision (b) is consistent with federal law and regulation.

(d) When a nonminor dependent has been approved for SSI payments pursuant to this section but is receiving an AFDC-FC or Kin-GAP benefit that includes federal financial participation in an amount that exceeds the SSI payment, causing the SSI payment to be placed in suspense, the county child welfare agency, during at least one month of every 12-month period, beginning with the date that the SSI benefit is placed in suspense, shall forego the federally funded AFDC-FC or Kin-GAP benefits and instead shall use state AFDC-FC or Kin-GAP resources to supplement the SSI benefit that the youth receives during that month. The county shall inform the Social Security Administration that the youth is not receiving any federal financial participation during that month in order to permit the nonminor dependent to receive an SSI benefit during a single month of every 12-month period. The county shall subsequently reclaim the federally funded AFDC-FC benefit or Kin-GAP benefit in the following month.

(Amended by Stats. 2010, Ch. 559, Sec. 57.5. Effective January 1, 2011.)