BILL NUMBER: AB 212INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Beall JANUARY 31, 2011 An act to amend Sections 366.31, 366.4, 388, 391, 727.3, 727.31, 785, 11363, 11386, 11400, and 11403 of, and to add Section 11403.01 to, the Welfare and Institutions Code, relating to public social services. LEGISLATIVE COUNSEL'S DIGEST AB 212, as introduced, Beall. 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. 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. By increasing county responsibilities in administering the Kin-GAP program, this bill would impose a state-mandated local program. The bill would make related conforming changes. 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. This bill also would make various technical and nonsubstantive changes to provisions of the California Fostering Connections to Success Act. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 366.31 of the Welfare and Institutions Code is amended to read: 366.31. (a) On and after January 1, 2012, with respect to a nonminor dependent, as defined in subdivision (v) of Section 11400, who has a permanent plan of long-term foster care that was ordered pursuant to Section 366.21, 366.22, 366.25, or 366.26 the court may continue jurisdiction of the nonminor as a dependent of the juvenile court or may dismiss dependency jurisdiction pursuant to Section 391. (b) If the court continues dependency jurisdiction of the nonminor as a dependent of the juvenile court, the court shall order the development of a planned permanent living arrangement of a placement under a mutual agreement, pursuant to Section 11403 , which may include continued placement with the current caregiver or another licensed or approved caregiveror placement under a mutual agreement pursuant to Section 11403,or in a supervised independent living setting, as defined in subdivision (w) of Section 11400 , consistent with the youth's transitional independent living case plan. (c) If the court terminates its dependency jurisdiction over a nonminor dependent pursuant to subdivision (a), it shall retain jurisdiction over the youth pursuant to Section 303. Consistent with paragraph (e) of Section 1356.21 of Title 45 of the Code of Federal Regulations, the court shall authorize atrial period of independence away from foster careperiod of trial independence as defined in subdivision (y) of Section 11400. The court shall set the end date of thetrial period of Independence away from foster caretrial independence to be the day prior to the day the nonminor attains 21 years of age, unless to do so is not in the nonminor's best interests. If the court has dismissed dependency jurisdiction pursuant to subdivision (d) of Section 391, the nonminor, who has not attained 21 years of age, may subsequently file a petition pursuant to subdivision (e) of Section 388 to have dependency jurisdiction resumed and the court may vacate its previous order dismissing dependency jurisdiction over the nonminor dependent. SEC. 2. Section 366.4 of the Welfare and Institutions Code is amended to read: 366.4. (a) Any minor for whom a guardianship has been established resulting from the selection or implementation of a permanency plan pursuant to Section 366.26, or for whom a related guardianship has been established pursuant to Section 360, or, on and after the date that the director executes a declaration pursuant to Section 11217, a nonminor who is receiving Kin-GAP payments pursuant to Section 11363 or 11386, or, on or after January 1, 2012, a nonminor former dependent child of the juvenile court who is receiving AFDC-FC benefits pursuant to Section 11405, is within the jurisdiction of the juvenile court. For those minors, Part 2 (commencing with Section 1500) of Division 4 of the Probate Code, relating to guardianship, shall not apply. If no specific provision of this code or the California Rules of Court is applicable, the provisions applicable to the administration of estates under Part 4 (commencing with Section 2100) of Division 4 of the Probate Code govern so far as they are applicable to like situations. (b) Nonrelated legal guardians of the person of a guardianship pursuant to Section 360 or 366.26 shall be exempt from the provisions of Sections 2850 and 2851 of the Probate Code. SEC. 3. Section 388 of the Welfare and Institutions Code is amended to read: 388. (a) Any parent or other person having an interest in a child who is a dependent child of the juvenile court or the child himself or herself through a properly appointed guardian may, upon grounds of change of circumstance or new evidence, petition the court in the same action in which the child was found to be a dependent child of the juvenile court or in which a guardianship was ordered pursuant to Section 360 for a hearing to change, modify, or set aside any order of court previously made or to terminate the jurisdiction of the court. The petition shall be verified and, if made by a person other than the child, shall state the petitioner's relationship to or interest in the child and shall set forth in concise language any change of circumstance or new evidence that are alleged to require the change of order or termination of jurisdiction. (b) Any person, including a child who is a dependent of the juvenile court, may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child who is, or is the subject of a petition for adjudication as, a dependent of the juvenile court, and may request visitation with the dependent child, placement with or near the dependent child, or consideration when determining or implementing a case plan or permanent plan for the dependent child or make any other request for an order which may be shown to be in the best interest of the dependent child. The court may appoint a guardian ad litem to file the petition for the dependent child asserting the sibling relationship if the court determines that the appointment is necessary for the best interests of the dependent child. The petition shall be verified and shall set forth the following: (1) Through which parent he or she is related to the dependent child. (2) Whether he or she is related to the dependent child by blood, adoption, or affinity. (3) The request or order that the petitioner is seeking. (4) Why that request or order is in the best interest of the dependent child. (c) (1) Any party, including a child who is a dependent of the juvenile court, may petition the court, prior to the hearing set pursuant to subdivision (f) of Section 366.21 for a child described by subparagraph (A) of paragraph (1) of subdivision (a) of Section 361.5, or prior to the hearing set pursuant to subdivision (e) of Section 366.21 for a child described by subparagraph (B) or (C) of paragraph (1) of subdivision (a) of Section 361.5, to terminate court-ordered reunification services provided under subdivision (a) of Section 361.5 only if one of the following conditions exists: (A) It appears that a change of circumstance or new evidence exists that satisfies a condition set forth in subdivision (b) or (e) of Section 361.5 justifying termination of court-ordered reunification services. (B) The action or inaction of the parent or guardian creates a substantial likelihood that reunification will not occur, including, but not limited to, the parent or guardian's failure to visit the child, or the failure of the parent or guardian to participate regularly and make substantive progress in a court-ordered treatment plan. (2) In determining whether the parent or guardian has failed to visit the child or participate regularly or make progress in the treatment plan, the court shall consider factors including, but not limited to, the parent or guardian's incarceration, institutionalization, or participation in a court-ordered residential substance abuse treatment program. (3) The court shall terminate reunification services during the above-described time periods only upon a finding by a preponderance of evidence that reasonable services have been offered or provided, and upon a finding of clear and convincing evidence that one of the conditions in subparagraph (A) or (B) of paragraph (1) exists. (4) If the court terminates reunification services, it shall order that a hearing pursuant to Section 366.26 be held within 120 days. (d) If it appears that the best interests of the child may be promoted by the proposed change of order, recognition of a sibling relationship, termination of jurisdiction, or clear and convincing evidence supports revocation or termination of court-ordered reunification services, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to the persons and by the means prescribed by Section 386, and, in those instances in which the means of giving notice is not prescribed by those sections, then by means the court prescribes. (e) (1) On and after January 1, 2012, a nonminor who has not attained 19 years of age, or, commencing January 1, 2013, 20 years of age, or, commencing January 1, 2014, 21 years of age, for whom the court has dismissed dependency jurisdiction pursuant to Section 391, or delinquency jurisdiction pursuant to subdivision (e) of Section 785, but has retained general jurisdiction under Section 303, and has ordered a period of trial independence pursuant to Section 366.31, may petition the court in the same action in which the child was found to be a dependent or delinquent child of the juvenile court for a hearing to resume the dependency or delinquency jurisdiction of the court. The petition shall be filed within thetrial period ofperiod of trial independence. (2) The petition to resume dependency or delinquency jurisdiction may be filed in the juvenile court that retains jurisdiction under subdivision (b) of Section 303 or the juvenile court in the county where the youth resides. The juvenile court having jurisdiction under Section 303 shall receive the petition from the court in which the petition is filed within five court days of the filing if the petition is filed in the county of residence. Upon filing of the petition, the court shall order that a hearing be held, if there is a prima facie showing that the nonminorsatisfiesis able to satisfy at least one of the conditions in subdivision (b) of Section 11403 , and agr ees to supervised placement pursuant to the mutual agreement . Upon ordering a hearing, the court shall give prior notice, or cause prior notice to be given, to the persons and by the means prescribed by Section 386, except that notice to parents or former guardians shall not be provided if the nonminor objects, in writing, on the face of the petition. (3) The Judicial Council, by January 1, 2012, shall adopt rules of court to allow for telephonic appearances by nonminor former dependents or delinquents in these proceedings. (4) Prior to the hearing on a petition to resume dependency or delinquency jurisdiction, the court shall order the county child welfare or probation department or Indian tribe that has entered into an agreement pursuant to Section 10553.1 to prepare a report for the court addressing whether the nonminor is able tomeetsatisfy at least one of the criteria set forth in subdivision (b) of Section 11403. When the recommendation is for the nonminor dependent to be placed in a setting where minor dependents also reside, the results of a background check of the petitioning nonminor conducted pursuant to Section 16504.5, used by the placing agency to determine appropriate placement options for the nonminor. The existence of a criminal conviction is not a bar to eligibility for reentry or resumption of dependency jurisdiction of a nonminor. (5) The court, if it finds that the nonminor is able tomeetsatisfy, and agrees to satisfy, at least one of the criteria set forth in subdivision (b) of Section 11403, shall resume dependency or delinquency jurisdiction and order the county child welfare or probation department or tribe to develop a new transitional independent living case plan with the youth, which shall be presented to the court within 60 days of the resumption of the dependency or delinquency jurisdiction. (f) A parent or other person having an interest in a childwho was, or the child himself or herself when the child was removed from his or her parents or guardian and placed in foster care under jurisdiction established pursuant to Section 601 or 602,whichand that jurisdiction is to be terminated, may file a supplemental petition with the court, consistent with subdivision (d) of Section 241.1, to modify the court's jurisdiction in order to establish jurisdiction pursuant to Section 300, if the child appears to come within the description of Section 300 and cannot be returned home safely. SEC. 4. Section 391 of the Welfare and Institutions Code, as added by Section 28 of Chapter 559 of the Statutes of 2010, is amended to read: 391. (a) The court shall not terminate jurisdiction over a dependent youth who has reached 18 years of age unless a hearing is conducted pursuant to this section. (b) At any hearing for a dependent youth who has attained 18 years of age at which the court is considering termination of the jurisdiction of the juvenile court and the accompanying foster care services as described in Section 11403, the county welfare department shall do all of the following: (1) Ensure that the dependent is present in court, unless the dependent does not wish to appear in court, or document efforts by the county welfare department to locate the child when the child is not available. (2) Submit a report describing whether it is in the youth's best interests to remain under the court's dependency jurisdiction, which includes a recommended transitional independent living case plan for any youth who is continuing dependency as a nonminor. (3) If the dependent has indicated that he or she does not want dependency jurisdiction to continue, the report shall address the advisability of a court-orderedtrial discharge from foster careperiod of trial independence . (c) The court shall continue dependency jurisdiction for a nonminor dependent, as defined in subdivision (v) of Section 11400, who is eligible pursuant to Section 11403 unless the court finds that after reasonable and documented efforts the nonminor cannot be located or does not wish to remain subject to dependency jurisdiction. In making this finding, the court shall ensure that the nonminor has been informed of his or her options including the right to file a petition pursuant to Section 388 to resume dependency jurisdiction, and had an opportunity to confer with his or her counsel if counsel has been appointed pursuant to Section 317. The court shall terminate dependency jurisdiction for a nonminor dependent if it finds that the nonminor dependent is not eligible pursuant to subdivision (b) of Section 11403. (d) If the court terminates dependency jurisdiction, the nonminor shall remain within the jurisdiction of the court until the nonminor attains 21 years of age, although no review proceedings shall be required. As authorized in paragraph (e) of Section 1356.21 of Title 45 of the Code of Federal Regulations, the court shall authorize atrial period of departure from foster careperiod of trial independence, as defined in subdivision (y) of Section 11400. In order to ensure eligibility for federal financial participation, the court shall set the end date of thetrial period of departure from foster careperiod of trial independence to be the day prior to the day the nonminor attains 21 years of age, unless to do so is not in the nonminor's best interests. A nonminor may petition the court pursuant to subdivision (e) of Section 388 to resume dependency jurisdiction at any time before attaining 21 years of age. (e) Unless the nonminor does not wish to remain under the dependency or delinquency jurisdiction of the court, or, after reasonable efforts by the county welfare department the nonminor cannot be located, the court shall not terminate dependency or delinquency jurisdiction over a nonminor dependent who has reached 18 years of age until a hearing is conducted pursuant to this section and the department has submitted a report verifying that the following information, documents, and services have been provided to the child: (1) Written information concerning the child's dependency case, including any known information regarding the child's Indian heritage or tribal connections, if applicable, his or her family history and placement history, any photographs of the child or his or her family in the possession of the county welfare department, other than forensic photographs, the whereabouts of any siblings under the jurisdiction of the juvenile court, unless the court determines that sibling contact would jeopardize the safety or welfare of the sibling, directions on how to access the documents the child is entitled to inspect under Section 827, and the date on which the jurisdiction of the juvenile court would be terminated. (2) The following documents: (A) Social security card. (B) Certified copy of his or her birth certificate. (C) Health and education summary, as described in subdivision (a) of Section 16010. (D) Driver's license, as described in Section 12500 of the Vehicle Code, or identification card, as described in Section 13000 of the Vehicle Code. (E) A letter prepared by the county welfare department that includes the following information: (i) The child's name and date of birth. (ii) The dates during which the child was within the jurisdiction of the juvenile court. (iii) A statement that the child was a foster youth in compliance with state and federal financial aid documentation requirements. (F) If applicable, the death certificate of the parent or parents. (G) If applicable, proof of the child's citizenship or legal residence. (3) Assistance in completing an application for Medi-Cal or assistance in obtaining other health insurance. (4) Referrals to transitional housing, if available, or assistance in securing other housing. (5) Assistance in obtaining employment or other financial support. (6) Assistance in applying for admission to college or to a vocational training program or other educational institution and in obtaining financial aid, where appropriate. (7) Assistance in maintaining relationships with individuals who are important to a child who has been in out-of-home placement for six months or longer from the date the child entered foster care, based on the child's best interests. (8) For nonminors between 18 and 21 years of age, assistance in accessing the Independent Living Aftercare Program in the nonminor's county of residence , and, upon the nonminor's request, a ssistance in filing a petition pursuant to subdivision (e) of Section 388 to resume dependency jurisdiction . (f) At the hearing closest to and before a dependent child's 18th birthday and every review hearing thereafter, the department shall submit a report describing efforts toward completing the items described in paragraph (2) of subdivision (e). (g) The Judicial Council shall develop and implement standards, and develop and adopt appropriate forms necessary to implement this provision. (h) This section shall become operative on January 1, 2012. SEC. 5. Section 727.3 of the Welfare and Institutions Code is amended to read: 727.3. The purpose of this section is to provide a means to monitor the safety and well-being of every minor in foster care who has been declared a ward of the juvenile court pursuant to Section 601 or 602 and to ensure that everything reasonably possible is done to facilitate the safe and early return of the minor to his or her own home or to establish an alternative permanent plan for the minor. (a) (1) For every minor declared a ward and ordered to be placed in foster care, a permanency planning hearing shall be conducted within 12 months of the date the minor entered foster care, as defined in paragraph (4) of subdivision (d) of Section 727.4. Subsequent permanency planning hearings shall be conducted periodically, but no less frequently than once every 12 months thereafter during the period of placement. It shall be the duty of the probation officer to prepare a written social study report including an updated case plan and a recommendation for a permanent plan, pursuant to subdivision (c) of Section 706.5, and submit the report to the court prior to each permanency planning hearing, pursuant to subdivision (b) of Section 727.4. (2) Prior to any permanency planning hearing involving a minor in the physical custody of a community care facility or foster family agency, the facility or agency may file with the court a report containing its recommendations, in addition to the probation officer' s social study. Prior to any permanency planning hearing involving the physical custody of a foster parent, relative caregiver, preadoptive parent, or legal guardian, that person may present to the court a report containing his or her recommendations. The court shall consider all reports and recommendations filed pursuant to this subdivision. (3) If the minor has a continuing involvement with his or her parents or legal guardians, the parents or legal guardians shall be involved in the planning for a permanent placement. The court order placing the minor in a permanent placement shall include a specification of the nature and frequency of visiting arrangements with the parents or legal guardians. (4) At each permanency planning hearing, the court shall order a permanent plan for the minor, as described in subdivision (b). The court shall also make findings, as described in subdivision (e) of Section 727.2. In the case of a minor who has reached 16 years of age or older, the court shall, in addition, determine the services needed to assist the minor to make the transition from foster care to independent living. The court shall make all of these determinations on a case-by-case basis and make reference to the probation officer' s report, the case plan, or other evidence relied upon in making its decisions. (b) At all permanency planning hearings, the court shall determine the permanent plan for the minor. The court shall order one of the following permanent plans, which are, in order of priority: (1) Return of the minor to physical custody of the parent or legal guardian. The court shall order the return of the minor to the physical custody of his or her parent or legal guardian unless: (A) Reunification services were not offered, pursuant to subdivision (b) of Section 727.2. (B) The court finds, by a preponderance of the evidence, that the return of the minor to his or her parent or legal guardian would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the minor. The probation department shall have the burden of establishing that detriment. In making its determination, the court shall review and consider the social study report and recommendations pursuant to Section 706.5, the report and recommendations of any child advocate appointed for the minor in the case, and any other reports submitted pursuant to paragraph (2) of subdivision (a), and shall consider the efforts or progress, or both, demonstrated by the minor and family and the extent to which the minor availed himself or herself of the services provided. (2) Order that the permanent plan for the minor will be to return the minor to the physical custody of the parent or legal guardian, order further reunification services to be provided to the minor and his or her parent or legal guardian for a period not to exceed six months and continue the case for up to six months for a subsequent permanency planning hearing, provided that the subsequent hearing shall occur within 18 months of the date the minor was originally taken from physical custody of his or her parent or legal guardian. The court shall continue the case only if it finds that there is a substantial probability that the minor will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time or that reasonable services have not been provided to the parent or guardian. For purposes of this section, in order to find that there is a substantial probability that the minor will be returned to the physical custody of his or her parent or legal guardian, the court shall be required to find that the minor and his or her parent or legal guardian have demonstrated the capacity and ability to complete the objectives of the case plan. The court shall inform the parent or legal guardian that if the minor cannot be returned home by the next permanency planning hearing, a proceeding pursuant to Section 727.31 may be initiated. The court shall not continue the case for further reunification services if it has been 18 months or more since the date the minor was originally taken from the physical custody of his or her parent or legal guardian. (3) Identify adoption as the permanent plan and order that a hearing be held within 120 days, pursuant to the procedures described in Section 727.31. The court shall only set a hearing pursuant to Section 727.31 if there is clear and convincing evidence that reasonable services have been provided or offered to the parents. When the court sets a hearing pursuant to Section 727.31, it shall order that an adoption assessment report be prepared, pursuant to subdivision (b) of Section 727.31. (4) Order a legal guardianship, pursuant to procedures described in subdivisions (c) to (f), inclusive, of Section 728. (5) Place the minor with a fit and willing relative. "Placement with a fit and willing relative" means placing the minor with an appropriate relative on a permanent basis. When a minor is placed with a fit and willing relative, the court may authorize the relative to provide the same legal consent for the minor's medical, surgical, and dental care, and education as the custodial parent of the minor. (6) Place the minor in a planned permanent living arrangement. A "planned permanent living arrangement" means any permanent living arrangement described in Section 11402 and not listed in paragraphs (1) to (5), inclusive, such as placement in a specific, identified foster family home, program, or facility on a permanent basis, or placement in a transitional housing placement facility. When the court places a minor in a planned permanent living arrangement, the court shall specify the goal of the placement, which may include, but shall not be limited to, return home, emancipation, guardianship, or permanent placement with a relative. The court shall only order that the minor remain in a planned permanent living arrangement if the court finds by clear and convincing evidence, based upon the evidence already presented to it that there is a compelling reason, as defined in subdivision (c), for determining that a plan of termination of parental rights and adoption is not in the best interest of the minor. (c) A compelling reason for determining that a plan of termination of parental rights and adoption is not in the best interest of the minor is any of the following: (1) Documentation by the probation department that adoption is not in the best interest of the minor and is not an appropriate permanency goal. That documentation may include, but is not limited to, documentation that: (A) The minor is 12 years of age or older and objects to termination of parental rights. (B) The minor is an older teen who specifically requests that emancipation be established as his or her permanent plan. On and after January 1, 2012, this includes a minor who requests that his or her transitional independent living case plan include modification of his or her jurisdiction to that of dependent pursuant to subdivision (d) of Section 241.1, in order to be eligible as a nonminor dependent for the extended benefits pursuant to Section 11403. (C) The parent or guardian and the minor have a significant bond, but the parent or guardian is unable to care for the minor because of an emotional or physical disability, and the minor's caregiver has committed to raising the minor to the age of majority and facilitating visitation with the disabled parent or guardian. (D) The minor agrees to continued placement in a residential treatment facility that provides services specifically designed to address the minor's treatment needs, and the minor's needs could not be served by a less restrictive placement. The probation department's recommendation that adoption is not in the best interest of the minor shall be based on the present family circumstances of the minor and shall not preclude a different recommendation at a later date if the minor's family circumstances change. (2) Documentation by the probation department that no grounds exist to file for termination of parental rights. (3) Documentation by the probation department that the minor is an unaccompanied refugee minor, or there are international legal obligations or foreign policy reasons that would preclude terminating parental rights. (4) A finding by the court that the probation department was required to make reasonable efforts to reunify the minor with the family pursuant to subdivision (a) of Section 727.2, and did not make those efforts. (5) Documentation by the probation department that the minor is living with a relative who is unable or unwilling to adopt the minor because of exceptional circumstances that do not include an unwillingness to accept legal or financial responsibility for the minor, but who is willing and capable of providing the minor with a stable and permanent home environment, and the removal of the minor from the physical custody of his or her relative would be detrimental to the minor's emotional well-being. (d) Nothing in this section shall be construed to limit the ability of a parent to voluntarily relinquish his or her child to the State Department of Social Services when it is acting as an adoption agency in counties that are not served by a county adoption agency or to a licensed county adoption agency at any time while the minor is a ward of the juvenile court if the department or agency is willing to accept the relinquishment. (e) Any change in the permanent plan of a minor placed with a fit and willing relative or in a planned permanent living arrangement shall be made only by order of the court pursuant to a Section 778 petition or at a regularly scheduled and noticed status review hearing or permanency planning hearing. Any change in the permanent plan of a minor placed in a guardianship shall be made only by order of the court pursuant to a motion filed in accordance with Section 728. SEC. 6. Section 727.31 of the Welfare and Institutions Code is amended to read: 727.31. (a) This section applies to all minors placed in out-of-home care pursuant to Section 727.2 or 727.3 and for whom the juvenile court orders a hearing to consider permanently terminating parental rights to free the minor for adoption. Except for subdivision (j) of Section 366.26, the procedures for permanently terminating parental rights for minors described by this section shall proceed exclusively pursuant to Section 366.26. At the beginning of any proceeding pursuant to this section, if the minor is not being represented by previously retained or appointed counsel, the court shall appoint counsel to represent the minor, and the minor shall be present in court unless the minor or the minor's counsel so requests and the court so orders. If a parent appears without counsel and is unable to afford counsel, the court shall appoint counsel for the parent, unless this representation is knowingly and intelligently waived. The same counsel shall not be appointed to represent both the minor and the parent. Private counsel appointed under this section shall receive a reasonable sum for compensation and expenses as specified in subdivision (f) of paragraph (3) of Section 366.26. (b) Whenever the court orders that a hearing pursuant to this section shall be held, it shall direct the agency supervising the minor and the licensed county adoption agency, or the State Department of Social Services when it is acting as an adoption agency in counties that are not served by a county adoption agency, to prepare an assessment that shall include all of the following: (1) Current search efforts for an absent parent or parents. (2) A review of the amount and nature of any contact between the minor and his or her parents and other members of his or her extended family since the time of placement. Although the extended family of each minor shall be reviewed on a case-by-case basis, "extended family" for the purpose of the paragraph shall include, but not be limited to, the minor's siblings, grandparents, aunts, and uncles. (3) An evaluation of the minor's medical, developmental, scholastic, mental, and emotional status. (4) A preliminary assessment of the eligibility and commitment of any identified prospective adoptive parent or guardian, particularly the caretaker, to include a social history, including screening for criminal records and prior referrals for child abuse or neglect, the capability to meet the minor's needs, and the understanding of the legal and financial rights and responsibilities of adoption and guardianship. If a proposed guardian is a relative of the minor, and the relative was assessed for foster care placement of the minor prior to January 1, 1998, the assessment shall also consider, but need not be limited to, all of the factors specified in subdivision (a) of Section 361.3 and Section 361.4 . (5) The relationship of the minor to any identified prospective adoptive parent or guardian, the duration and character of the relationship, the degree of attachment of the child to the prospective relative guardian or adoptive parent, the relative's or adoptive parent's strong commitment to caring permanently for the child, the motivation for seeking adoption or guardianship,anda statement from the minor concerning placement and the adoption or guardianship, and whether the minor, if over 12 years of age, has been consulted about the proposed relative guardianship arrangements, unless the minor's age or physical, emotional, or other condition precludes his or her meaningful response, and if so, a description of the condition. (6) An analysis of the likelihood that the minor will be adopted if parental rights are terminated. (c) A relative caregiver's preference for legal guardianship over adoption, if it is due to circumstances that do not include an unwillingness to accept legal or financial responsibility for the child, shall not constitute the sole basis for recommending removal of the child from the relative caregiver for purposes of adoptive placement. A relative caregiver shall be given information regarding the permanency options of guardianship and adoption, including the long-term benefits and consequences of each option, prior to establishing legal guardianship or pursuing adoption. (d) If at any hearing held pursuant to Section 366.26, a legal guardianship is established for the minor with an approved relative caregiver and juvenile court dependency is subsequently dismissed, the minor shall be eligible for aid under the Kin-GAP Program, as provided for in Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), as applicable, of Chapter 2 of Part 3 of Division 9. (e) For purposes of this section, "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 those persons, even if the marriage was terminated by death or dissolution.(c)(f) Whenever the court orders that a hearing pursuant to procedures described in this section be held, it shall order that the licensed county adoption agency, or the State Department of Social Services when it is acting as an adoption agency in counties that are not served by a county adoption agency, has exclusive responsibility for determining the adoptive placement and making all adoption-related decisions.(d)(g) If the court, by order of judgment declares the minor free from the custody and control of both parents, or one parent if the other does not have custody and control, the court shall at the same time order the minor referred to the State Department of Social Services when it is acting as an adoption agency in counties that are not served by a county adoption agency or a licensed county adoption agency for adoptive placement by the agency. The order shall state that responsibility for custody of the minor shall be held jointly by the probation department and the State Department of Social Services when it is acting as an adoption agency in counties that are not served by a county adoption agency or the licensed county adoption agency. The order shall also state that the State Department of Social Services when it is acting as an adoption agency in counties that are not served by a county adoption agency or the licensed county adoption agency has exclusive responsibility for determining the adoptive placement and for making all adoption-related decisions. However, no petition for adoption may be granted until the appellate rights of the natural parents have been exhausted.(e)(h) The notice procedures for terminating parental rights for minors described by this section shall proceed exclusively pursuant to Section 366.23. SEC. 7. Section 785 of the Welfare and Institutions Code is amended to read: 785. (a) Where a minor is a ward of the juvenile court, the wardship did not result in the minor's commitment to the Youth Authority, and the minor is found not to be a fit and proper subject to be dealt with under the juvenile court law with respect to a subsequent allegation of criminal conduct, any parent or other person having an interest in the minor, or the minor, through a properly appointed guardian, the prosecuting attorney, or probation officer, may petition the court in the same action in which the minor was found to be a ward of the juvenile court for a hearing for an order to terminate or modify the jurisdiction of the juvenile court. The court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to those persons and by the means prescribed by Sections 776 and 779, or where the means of giving notice is not prescribed by those sections, then by such means as the court prescribes. (b) The petition shall be verified and shall state why jurisdiction should be terminated or modified in concise language. (c) In determining whether or not the wardship shall terminate or be modified, the court shall be guided by the policies set forth in Section 202. (d) On and after January 1, 2012, at any hearing pursuant to this section involving a minor who was removed from the physical custody of his or her parent or guardian and placed in foster care at the time the court adjudged the child a delinquent ward, or who was removed from his or her parents or guardian and placed in foster care as a dependent child immediately prior to the court adjudging the child a delinquent ward, the court shall consider, as an alternative to terminating jurisdiction, whether to modify its jurisdiction and declare the minor to be a dependent child, pursuant to Section 300. If the court finds that the ward no longer requires delinquency supervision, but is at risk of abuse or neglect and cannot be returned home safely, the court shall set a hearing pursuant to Section 241.1 to determine whether a modification of its jurisdiction as described in subdivision (d) of Section 241.1 is appropriate. (e) On and after January 1, 2012, the court shall continue delinquency jurisdiction for a nonminor dependent, as defined in subdivision (v) of Section 11400, who is eligible to remain in foster care pursuant to Section 11403, unless the court finds that after reasonable and documented efforts, the nonminor cannot be located or does not wish to remain a nonminor dependent. In making this finding, the court shall ensure that the nonminor has been informed of his or her options, including the right to file a petition pursuant to Section 388 to resume delinquency jurisdiction, and has had an opportunity to confer with his or her counsel. As authorized in paragraph (e) of Section 1356.21 of Title 45 of the Code of Federal Regulations, the court shall authorize atrial period of departure from foster careperiod of trial independence, as defined in subdivision (y) of Section 11400. In order to ensure eligibility for federal financial participation, the court shall set the end date of the trial period of departure from foster care to be the day before the nonminor attains 21 years of age unless it is not in the nonminor's best interests. (f) In addition to its authority under this chapter, the Judicial Council shall adopt rules providing criteria for the consideration of the juvenile court in determining whether or not to terminate or modify jurisdiction pursuant to this section. SEC. 8. Section 11363 of the Welfare and Institutions Code, as added by Section 34 of Chapter 559 of the Statutes of 2010, is amended to read: 11363. (a) Aid in the form of state-funded Kin-GAP shall be provided under this article on behalf of any child under 18 years of age and to any eligible youth under 19 years of age as provided in Section 11403, whomeetssatisfies all of the following conditions: (1) Has been adjudged a dependent child of the juvenile court pursuant to Section 300, or, effective October 1, 2006, a ward of the juvenile court pursuant to Section 601 or 602. (2) Has been residing for at least six consecutive months in the approved home of the prospective relative guardian while under the jurisdiction of the juvenile court or a voluntary placement agreement. (3) Has had a kinship guardianship established pursuant to Section 360 or 366.26. (4) Has had his or her dependency jurisdiction terminated after January 1, 2000, pursuant to Section 366.3, or his or her wardship terminated pursuant to subdivision (e) of Section 728, concurrently or subsequently to the establishment of the kinship guardianship. (b) If the conditions specified in subdivision (a) are met and, subsequent to the termination of dependency jurisdiction, any parent or person having an interest files with the juvenile court a petition pursuant to Section 388 to change, modify, or set aside an order of the court, Kin-GAP payments shall continue unless and until the juvenile court, after holding a hearing, orders the child removed from the home of the guardian, terminates the guardianship, or maintains dependency jurisdiction after the court concludes the hearing on the petition filed under Section 388. (c) A child or nonminor shall be eligible for Kin-GAP payments if he or she meets one of the following age criteria: (1) He or she is under 18 years of age. (2) He or she is under 21 years of age and has a physical or mental disability that warrants the continuation of assistance. (3) Through December 31, 2011, he or shemeetssatisfies the conditions of Section 11403 , and on and after January 1, 2012, he or she satisfies the conditions of Section 11403.01 . (4) He or shemeetssatisfies the conditions as described in subdivision (d). (d) Commencing January 1, 2012, state-funded Kin-GAP payments shall continue for youths who have attained 18 years of age and are under 19 years of age if they attained 16 years of age before the Kin-GAP aid payments commenced. Effective January 1, 2013, Kin-GAP payments shall continue for youths who have attained 18 years of age and who are under 20 years of age, if they reached 16 years of age before the Kin-GAP negotiated payments commenced. Effective January 1, 2014, Kin-GAP payments shall continue for youths who have attained 18 years of age and are under 21 years of age, if they reached 16 years of age before the Kin-GAP negotiated payments commenced. To be eligible for continued payments, the youth shallmeetsatisfy one or more of the conditions specified in subdivision (b) of Section 11403. Payments made to a nonminor pursuant to the conditions specified in subdivision (b) of Section 11403 may be paid in whole or part to the eligible youth directly, as specified in subdivision (d) of Section 11403. (e) Termination of the guardianship with a kinship guardian shall terminate eligibility for Kin-GAP unless the conditions in Section 11403 apply; provided, however, that if an alternate guardian or coguardian is appointed pursuant to Section 366.3 who is also a kinship guardian, the alternate or coguardian shall be entitled to receive Kin-GAP on behalf of the child pursuant to this article. A new period of six months of placement with the alternate guardian or coguardian shall not be required if that alternate guardian or coguardian has been assessed pursuant to Sections 361.3 and 361.4 and the court terminates dependency jurisdiction. SEC. 9. Section 11386 of the Welfare and Institutions Code is amended to read: 11386. Aid shall be provided under this article on behalf of a child under 18 years of age, and to any eligible youth under 19 years of age, as provided in Section 11403, under all of the following conditions: (a) The childmeetssatisfies both of the following requirements: (1) He or she has been removed from his or her home pursuant to a voluntary placement agreement, or as a result of judicial determination, including being adjudged a dependent child of the court, pursuant to Section 300, or a ward of the court, pursuant to Section 601 or 602, to the effect that continuation in the home would be contrary to the welfare of the child. (2) He or she has been eligible for federal foster care maintenance payments under Article 5 (commencing with Section 11400) while residing for at least six consecutive months in the approved home of the prospective relative guardian while under the jurisdiction of the juvenile court or a voluntary placement agreement. (b) Being returned to the parental home or adopted are not appropriate permanency options for the child. (c) The child demonstrates a strong attachment to the relative guardian, and the relative guardian has a strong commitment to caring permanently for the child and, with respect to the child who has attained 12 years of age, the child has been consulted regarding the kinship guardianship arrangement. (d) The child has had a kinship guardianship established pursuant to Section 360 or Section 366.26. (e) The child has had his or her dependency jurisdiction terminated pursuant to Section 366.3, or his or her wardship terminated pursuant to subdivision (e) of Section 728, concurrently or subsequently to the establishment of the kinship guardianship. (f) If the conditions specified in subdivisions (a) through (e), inclusive, are met and, subsequent to the termination of dependency jurisdiction, any parent or person having an interest files with the juvenile court a petition pursuant to Section 388 to change, modify, or set aside an order of the court, Kin-GAP payments shall continue unless and until the juvenile court orders the child removed from the home of the guardian, terminates the guardianship, or maintains dependency jurisdiction after the court concludes the hearing on the petition filed under Section 388. (g) A child or nonminor shall be eligible for Kin-GAP payments if he or she meets one of the following age criteria: (1) He or she is under 18 years of age. (2) He or she is under 21 years of age and has a physical or mental disability that warrants the continuation of assistance. (3) Through December 31, 2011, he or shemeetssatisfies the conditions of Section 11403 , and on and after January 1, 2012, he or she satisfies the conditions of Section 11403.01 . (4) He or shemeetssatisfies the conditions as described in subdivision (h). (h) Effective January 1, 2012, Kin-GAP payments shall continue for youths who have attained 18 years of age and are under 19 years of age if they attained 16 years of age before the Kin-GAP negotiated agreement payments commenced. Effective January 1, 2013, Kin-GAP payments shall continue for youths who have attained 18 years of age and are under 20 years of age, if they reached 16 years of age before the Kin-GAP negotiated payments commenced. Effective January 1, 2014, Kin-GAP payments shall continue for youths who have attained 18 years of age and are under 21 years of age, if they reached 16 years of age before the Kin-GAP negotiated payments commenced. To be eligible for continued payments, the youth shallmeetsatisfy one or more of the conditions specified in subdivision (b) of Section 11403. Payments made to a nonminor pursuant to the conditions specified in Section 11403 may be paid in whole or part to the eligible youth directly, as specified in subdivision (d) of Section 11403. (i) Termination of the guardianship with a kinship guardian shall terminate eligibility for Kin-GAP, unless the conditions of Section 11403 apply, provided, however, that if an alternate guardian or coguardian is appointed pursuant to Section 366.3 who is also a kinship guardian, the alternate or coguardian shall be entitled to receive Kin-GAP on behalf of the child pursuant to this article. A new period of six months of placement with the alternate guardian or coguardian shall not be required if that alternate guardian or coguardian has been assessed pursuant to Section 361.3 and Section 361.4 and the court terminates dependency jurisdiction, subject to available federal funding. SEC. 10. Section 11400 of the Welfare and Institutions Code is amended to read: 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, probation department, or Indian tribe that has entered into an agreement pursuant to Section 10553.1, 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, probation department, or Indian tribe that has entered into an agreement pursuant to Section 10553.1, 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 and nonminor dependents 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 or nonminor dependent parent and his or her child, and is specifically recruited and trained to assist the minor or nonminor dependent parent in developing the skills necessary to provide a safe, stable, and permanent home for his or her child. The child of the minor or nonminor dependent 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) "Mutual agreement" means either of the following:an(1) An agreement of consent for placement in a supervised setting between a minor or, on and after January 1, 2012, a nonminor dependent, and the agency responsible for the foster care placement, that documents the nonminor's continued need for supervised out-of-home placement and the nonminor's and social worker's or probation officer's agreement to work together to facilitate implementation of the mutually developed supervised placement agreement and transitional living plan. (2) On and after January 1, 2012, an agreement between a nonminor in receipt of Kin-GAP aid under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), and the agency responsible for the Kin-GAP benefits, provided that the nonminor satisfies the conditions described in Section 11403.01 or subdivision (d) of Section 11403. (v) "Nonminor dependent" means, on and after January 1, 2012, a foster child, as described in Section 675(8)(B) of Title 42 of the United States Code under the federal Social Security Act who is a current or former dependent child or ward of the juvenile court who satisfies all of the following criteria: (1) He or she has attained 18 years of age but is less than 21 years of age. (2) He or she is in foster care under the responsibility of the county welfare department, county probation department, or Indian tribe that entered into an agreement pursuant to Section 10553.1. (3) He or she is participating in a transitional independent living case plan pursuant to Section 475(8) of the federal Social Security Act (42 U.S.C. Sec. 675(8)), as contained in the Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351). (w) "Supervised independent living setting" means, on and after January 1, 2012, a supervised setting, as specified in a nonminor dependent's transitional independent living case plan, in which the youth is living independently, pursuant to Section 472(c)(2) of the Social Security Act (42 U.S.C. Sec. 672(c)(2)). (x) "THP-Plus Foster Care" means, on and after January 1, 2012, a placement that offers supervised housing opportunities and supportive services to eligible nonminor dependents at least 18 years of age, on and after January 1, 2013, 19 years of age, and on and after January 1, 2014, 20 years of age, and not more than 21 years of age, who are in out-of-home placement under the supervision of the county department of social services or the county probation department or Indian tribe that entered into an agreement pursuant to Section 10553.1, and who are described in paragraph (3) of subdivision (a) of Section 11403.2. (y) "Trial independence" means, on or after January 1, 2012, consistent with paragraph (e) of Section 1356.21 of Title 45 of the Code of Federal Regulations, a period not to exceed six months, unless the juvenile court authorizes a longer period, during which the court may terminate and subsequently resume the nonminor's dependency jurisdiction, and the nonminor's Title IV-E foster care benefits may be resumed if the nonminor otherwise is eligible pursuant to Section 11403. Operation of this subdivision shall be contingent upon receipt of all necessary federal approvals. SEC. 11. Section 11403 of the Welfare and Institutions Code, as added by Section 47 of Chapter 559 of the Statutes of 2010, is amended to read: 11403. (a) It is the intent of the Legislature to exercise the option afforded states under Section 475(8) (42 U.S.C. Sec. 675(8)), and Section 473(a)(4) (42 U.S.C. Sec. 673(a)(4)) of the federal Social Security Act, as contained in the Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351), to receive federal financial participation for current or former dependent children or wards of the juvenile court whomeetsatisfy the conditions of subdivision (b), consistent with their transitional living case plan. Effective January 1, 2012, these nonminor dependents shall be eligible to receive support up to 19 years of age, effective January 1, 2013, up to 20 years of age, and effective January 1, 2014, up to 21 years of age, consistent with their transitional independent living case plan. It is the intent of the Legislature both at the time of initial determination of the nonminor dependent's eligibility and throughout the time the nonminor dependent is eligible for aid pursuant to this section, that the social worker or probation officer or Indian tribe and the nonminor dependent shall work together to ensure the nonminor dependent's ongoing eligibility. All case planning shall be a collaborative effort between the nonminor dependent and the social worker, probation officer, or Indian tribe, with the nonminor dependent assuming increasing levels of responsibility and independence. (b) A nonminor dependent receiving aid pursuant to this chapter, who satisfies the age criteria set forth in subdivision (a), shall continue to receive aid so long as the nonminor has signed a mutual agreement as set forth in subdivision (d), and is otherwise eligible for AFDC-FC payments pursuant to Section 11401 or CalWORKs payments pursuant to Section 11253 or , as a nonminor former dependent or ward, aid pursuant to Kin-GAP under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) or adoption assistance payments as specified in Chapter 2.1 (commencing with Section 16115) of Part 4. Effective January 1, 2012, a nonminor former dependent child or ward of the juvenile court who is receiving AFDC-FC benefits pursuant to Section 11405 shall be eligible to continue to receive aid up to 19 years of age, effective January 1, 2013, up to 20 years of age, and effective January 1, 2014, up to 21 years of age, as long as the nonminor is otherwise eligible for AFDC-FC benefits under this subdivision. This subdivision shall apply when one or more of the following conditions exist: (1) The nonminor is completing secondary education or a program leading to an equivalent credential. (2) The nonminor is enrolled in an institution which provides postsecondary or vocational education. (3) The nonminor is participating in a program or activity designed to promote, or remove barriers to employment. (4) The nonminor is employed for at least 80 hours per month. (5) The nonminor is incapable of doing any of the activities described in subparagraphs (1) to (4), inclusive, due to a medical condition, and that incapability is supported by regularly updated information in the case plan of the nonminor. (c) The county child welfare or probation department or Indian tribe that has entered into an agreement pursuant to Section 10553.1, shall work together with a nonminor dependent who is in foster care on his or her 18th birthday and thereafter or a nonminor former dependent receiving aid pursuant to Section 11405, tomeetsatisfy one or more of the conditions described in paragraphs (1) to (5), inclusive, of subdivision (b) and shall certify the nonminor's applicable condition or conditions in the nonminor's six-month transitional independent living case plan update, and provide the certification to the eligibility worker and to the court at each six-month case plan review hearing for the nonminor dependent. Relative guardians who receive Kin-GAP payments and adoptive parents who receive adoption assistance payments shall be responsible for reporting to the county welfare agency that the nonminor does not satisfy at least one of the conditions described in subdivision (b). The social worker, probation officer, or tribe shall verify and obtain assurances that the nonminor dependent continues tomeetsatisfy at least one of the conditions in paragraphs (1) to (5), inclusive, of subdivision (b) at each six-month transitional independent living case plan update. The six-month case plan update shall certify the nonminor's eligibility pursuant to subdivision (b) for the next six-month period. During the six-month certification period, the payee and nonminor shall report any change in placement or other relevant changes in circumstances that may affect payment. The nonminor dependent or a nonminor former dependent receiving aid pursuant to Section 11405, shall be afforded all due process requirements in accordance with state and federal law prior to an involuntary termination of aid. The nonminor dependent or nonminor former dependent receiving aid pursuant to Section 11405 shall be informed of all due process requirements, in accordance with state and federal law, prior to an involuntary termination of aid, and shall simultaneously be provided with a written explanation of how to exercise his or her due process rights and obtain referrals to legal assistance. Any notices of action regarding eligibility shall be sent to the nonminor dependent or former dependent, his or her counsel, and the placing worker, in addition to any other payee. (d) A nonminor dependent may receive all or a portion of the payment directly provided that the nonminor is living independently in a supervised setting, and that both the youth and the agency responsible for the foster care placement have signed a mutual agreement, as defined in subdivision (u) of Section 11400, if the youth is capable of making an informed agreement, that documents the continued need for supervised out-of-home placement, and the nonminor' s and social worker's or probation officer's agreement to work together to facilitate implementation of the mutually developed supervised placement agreement and transitional living plan. (e) Eligibility for aid under this section shall not terminate until the nonminor attains 21 years of age but aid may be suspended and resumed at request of the nonminor pursuant to subdivision (e) of Section 388 or after a court terminates dependency jurisdiction pursuant to Section 391, or delinquency jurisdiction pursuant to Section 785. Consistent with paragraph (e) of Section 1356.21 of Title 45 of the Code of Federal Regulations, for the nonminor who returns to supervised placement within the six-month trial period, or if the court authorized atrial period of departure from foster careperiod of trial independence that exceeded six months in duration and ends prior to the day before the nonminor attains 21 years of age, as described in subdivision (y) of Section 11400, the county welfare department is not required to establish a new Title IV-E eligibility determination for the nonminor for whom dependency jurisdiction is resumed by the court. The county welfare department, tribe, or county probation department shall provide a nonminor dependent who wishes to continue receiving aid with the assistance necessary to meet and maintain eligibility. (f) (1) The county having jurisdiction of the nonminor dependent shall remain the county of payment under this section regardless of the youth's physical residence. Nonminor dependents receiving aid pursuant to Section 11405 shall be paid by their county of residence. Counties may develop courtesy supervision agreements to provide case management and independent living services by the county of residence pursuant to the youth's transitional independent living case plan. Placements made out of state are subject to the requirements of the Interstate Compact on Placement of Children, pursuant to Part 5 (commencing with Section 7900) of Division 12 of the Family Code. (2) The county welfare department, tribe, or county probation department shall notify all foster youth who attain 16 years of age and are under the jurisdiction of that county or tribe, including those receiving Kin-GAP, and AAP, of the existence of the aid prescribed by this section. (3) Aid under this section shall be paid on the first of the month for that month. Notwithstanding any other provision of law, when a child attains 18 years of age those payments shall continue to the end of that calendar month and the AFDC-FC, Kin-GAP, or AAP payments under this section shall begin the first day of the following month. (4) The department shall seek any waiver to amend its Title IV-E State Plan with the Secretary of the United States Department of Health and Human Services necessary to implement this section. (g) (1) Subject to paragraph (3), a county shall contribute to the cost of extending aid pursuant to this section to eligible nonminor dependents who have reached 18 years of age and who are under the jurisdiction of the county, including AFDC-FC payments pursuant to Section 11401, CalWORKs payments pursuant to Section 11253, aid pursuant to Kin-GAP under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), adoption assistance payments as specified in Chapter 2.1 (commencing with Section 16115) of Part 4, and aid pursuant to Section 11405 for nonminor dependents who are residing in the county as provided in paragraph (1) of subdivision (f), at the statutory sharing ratios for each of these programs in effect on January 1, 2012. (2) Subject to paragraph (3), a county shall contribute to the cost of providing permanent placement services pursuant to subdivision (c) of Section 16508 and administering the Aid to Families with Dependent Children Foster Care program pursuant to Section 15204.9 at the statutory sharing ratio for these services in effect on January 1, 2012. For purposes of budgeting, the department shall use a standard for the permanent placement services that is equal to the midpoint between the budgeting standards for family maintenance services and family reunification services. (3) Notwithstanding any other provision of law, a county's total contribution pursuant to paragraphs (1) and (2) shall not exceed the savings in Kin-GAP assistance grant expenditures realized by the county from the receipt of federal funds due to the implementation of Article 4.7 (commencing with Section 11385). The department shall work with the County Welfare Directors Association to determine a methodology for calculating each county's costs and savings pursuant to this section. (h) It is the intent of the Legislature that no county currently participating in the Child Welfare Demonstration Capped Allocation Project be adversely impacted by the department's exercise of its option to extend foster care benefits pursuant to Section 673(a)(4) and Section 675(8) of Title 42 of the United States Code in the federal Social Security Act, as contained in the Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351). Therefore, the department shall negotiate with the United States Department of Health and Human Services on behalf of those counties that are currently participating in the demonstration project to ensure that those counties receive reimbursement for these new programs outside of the provisions of those counties' waiver under Subtitle IV-E (commencing with Section 470) of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.). (i) The department, on or before July 1, 2012, shall develop regulations to implement this section in consultation with concerned stakeholders, including, but not limited to, representatives of the Legislature, the County Welfare Directors Association, the Chief Probation Officers of California, the Judicial Council, representatives of Indian tribes, the California Youth Connection, former foster youth, child advocacy organizations, labor organizations, juvenile justice advocacy organizations, foster caregiver organizations, and researchers. In the development of these regulations, the department shall consider its Manual of Policy and Procedures, Division 30, Chapter 30-912, 913, 916, and 917, as guidelines for developing regulations that are appropriate for young adults who can exercise incremental responsibility concurrently with their growth and development. The department, in its consultation with stakeholders, shall take into consideration the impact to the Automated Child Welfare Services Case Management Services (CWS-CMS) and required modifications needed to accommodate eligibility determination under this section, benefit issuance, case management across counties, and recognition of the legal status of nonminor dependents as adults, as well as changes to data tracking and reporting requirements as required by the Child Welfare System Improvement and Accountability Act as specified in Section 10601.2, and federal outcome measures as required by the John H. Chafee Foster Care Independence Program (42 U.S.C. Sec. 677(f)). In addition, the department, in its consultation with stakeholders, shall define the supervised independent living setting which shall include, but not be limited to, apartment living, room and board arrangements, college or university dormitories, and shared roommate settings, and define how those settings meet health and safety standards suitable for nonminors. The department, in its consultation with stakeholders, shall define the six-month certification of the conditions of eligibility pursuant to subdivision (b) to be consistent with the flexibility provided by federal policy guidance, to ensure that there are ample supports for a nonminor to achieve the goals of his or her transition independent living case plan. The department, in its consultation with stakeholders, shall ensure that notices of action and other forms created to inform the nonminor of due process rights and how to access them shall be developed, using language consistent with the special needs of the nonminor dependent population. (j) 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 shall prepare for implementation of the applicable provisions of this section by publishing, after consultation with the stakeholders listed in subdivision (i), all-county letters or similar instructions from the director by October 1, 2011, to be effective January 1, 2012. Emergency regulations to implement the applicable provisions of this act 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 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 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. (k) Notwithstanding any other provision of law, the extension of benefits to nonminor dependents between 20 and 21 years of age, as provided for in this section, shall be contingent upon an appropriation by the Legislature. (l) This section shall become operative on January 1, 2012. SEC. 12. Section 11403.01 is added to the Welfare and Institutions Code, to read: 11403.01. On and after January 1, 2012, a nonminor who is receiving Kin-GAP benefits under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) and whose Kin-GAP payments began prior to the child's 16th birthday and who is 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 is in the process of pursuing a high school equivalency certificate, prior to his or her 18th birthday, may continue to receive aid under those articles following his or her 18th birthday so long as the child continues to reside in foster care placement, remains otherwise eligible for Kin-GAP 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 that 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, documenting the continued need for out-of-home placement. SEC. 13. If the Commission on State Mandates determines that this act contains 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.