CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1512Introduced by Assembly Member Bryan(Coauthor: Assembly Member Hart)February 17, 2023 An act to amend Section 13753 of the Welfare and Institutions Code, relating to foster care. LEGISLATIVE COUNSEL'S DIGESTAB 1512, as introduced, Bryan. Foster care payments.Existing law provides for the out-of-home placement, including foster care placement, of children who are unable to remain in the custody and care of their parents. Existing law, the federal Social Security Act, provides for benefits for eligible beneficiaries, including survivorship and disability benefits and supplemental security income (SSI) benefits for, among others, blind and disabled children. Existing law, effective 30 days after the State Department of Social Services issues specified guidance to county placing agencies, requires the county to provide information relating to SSI payments to a foster youth receiving those benefits at least 6 months before their 18th birthday. Existing law requires the county to provide certain information regarding the federal requirement that the youth establish continuing disability as an adult, if necessary, in order to continue receiving SSI benefits beyond their 18th birthday, and information regarding the process for the youth to become their own payee, or designate an appropriate representative payee, as necessary. Existing law requires the county to assist the youth in fulfilling those requirements, as appropriate.This bill would additionally apply certain of those provisions to benefits the foster youth is receiving from the federal Veterans Benefits Administration. The bill would require the assistance the county provides to the foster youth with respect to those benefits to include applicable financial literacy training and support. The bill would require the county to document that assistance in the youths transitional independent living plan. By increasing county duties with respect to foster youth, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 13753 of the Welfare and Institutions Code, as added by Section 63 of Chapter 50 of the Statutes of 2022, is amended to read:13753. (a) When a foster youth is receiving SSI payments, payments from the federal Social Security Administration or the federal Veterans Benefits Administration, the county shall do all of the following at least six months before the youths 18th birthday:(1) Provide information to the youth regarding the federal requirement that the youth establish continuing disability as an adult, if necessary, in order for SSI benefits benefits from the Social Security Administration and the Veterans Benefits Administration, including SSI benefits, to continue beyond their 18th birthday.(2) Provide information to the youth regarding the process for becoming their own payee and steps necessary to maintain the SSI Social Security Administration benefits, or designating an appropriate representative payee if benefits continue beyond their 18th birthday, and regarding any SSI Social Security Administration benefits that have accumulated on their behalf. The county shall also provide information about the effect, if any, the youths foster care benefits may have on the amount of the youths SSI payments.(3) Assist the youth, as appropriate, in fulfilling the requirements of paragraphs (1) and (2). (2), including any applicable financial literacy training and support, and document that assistance in the youths transitional independent living plan.(b) Upon the youth attaining 18 years of age, if the youth elects to remain in foster care as a nonminor dependent, the county shall carry out the requirements of subdivision (c) of Section 13754.(c) The department shall disseminate information to counties to support implementation of this section and shall distribute these materials to county placing agencies prior to implementation of this section.(d) This section shall become operative as of January 1, 2023, or 30 days after the department issues the necessary all-county letters and informing materials to county placing agencies, whichever is later.SEC. 2. To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1512Introduced by Assembly Member Bryan(Coauthor: Assembly Member Hart)February 17, 2023 An act to amend Section 13753 of the Welfare and Institutions Code, relating to foster care. LEGISLATIVE COUNSEL'S DIGESTAB 1512, as introduced, Bryan. Foster care payments.Existing law provides for the out-of-home placement, including foster care placement, of children who are unable to remain in the custody and care of their parents. Existing law, the federal Social Security Act, provides for benefits for eligible beneficiaries, including survivorship and disability benefits and supplemental security income (SSI) benefits for, among others, blind and disabled children. Existing law, effective 30 days after the State Department of Social Services issues specified guidance to county placing agencies, requires the county to provide information relating to SSI payments to a foster youth receiving those benefits at least 6 months before their 18th birthday. Existing law requires the county to provide certain information regarding the federal requirement that the youth establish continuing disability as an adult, if necessary, in order to continue receiving SSI benefits beyond their 18th birthday, and information regarding the process for the youth to become their own payee, or designate an appropriate representative payee, as necessary. Existing law requires the county to assist the youth in fulfilling those requirements, as appropriate.This bill would additionally apply certain of those provisions to benefits the foster youth is receiving from the federal Veterans Benefits Administration. The bill would require the assistance the county provides to the foster youth with respect to those benefits to include applicable financial literacy training and support. The bill would require the county to document that assistance in the youths transitional independent living plan. By increasing county duties with respect to foster youth, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 1512
Introduced by Assembly Member Bryan(Coauthor: Assembly Member Hart)February 17, 2023
Introduced by Assembly Member Bryan(Coauthor: Assembly Member Hart)
February 17, 2023
An act to amend Section 13753 of the Welfare and Institutions Code, relating to foster care.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1512, as introduced, Bryan. Foster care payments.
Existing law provides for the out-of-home placement, including foster care placement, of children who are unable to remain in the custody and care of their parents. Existing law, the federal Social Security Act, provides for benefits for eligible beneficiaries, including survivorship and disability benefits and supplemental security income (SSI) benefits for, among others, blind and disabled children. Existing law, effective 30 days after the State Department of Social Services issues specified guidance to county placing agencies, requires the county to provide information relating to SSI payments to a foster youth receiving those benefits at least 6 months before their 18th birthday. Existing law requires the county to provide certain information regarding the federal requirement that the youth establish continuing disability as an adult, if necessary, in order to continue receiving SSI benefits beyond their 18th birthday, and information regarding the process for the youth to become their own payee, or designate an appropriate representative payee, as necessary. Existing law requires the county to assist the youth in fulfilling those requirements, as appropriate.This bill would additionally apply certain of those provisions to benefits the foster youth is receiving from the federal Veterans Benefits Administration. The bill would require the assistance the county provides to the foster youth with respect to those benefits to include applicable financial literacy training and support. The bill would require the county to document that assistance in the youths transitional independent living plan. By increasing county duties with respect to foster youth, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law provides for the out-of-home placement, including foster care placement, of children who are unable to remain in the custody and care of their parents. Existing law, the federal Social Security Act, provides for benefits for eligible beneficiaries, including survivorship and disability benefits and supplemental security income (SSI) benefits for, among others, blind and disabled children. Existing law, effective 30 days after the State Department of Social Services issues specified guidance to county placing agencies, requires the county to provide information relating to SSI payments to a foster youth receiving those benefits at least 6 months before their 18th birthday. Existing law requires the county to provide certain information regarding the federal requirement that the youth establish continuing disability as an adult, if necessary, in order to continue receiving SSI benefits beyond their 18th birthday, and information regarding the process for the youth to become their own payee, or designate an appropriate representative payee, as necessary. Existing law requires the county to assist the youth in fulfilling those requirements, as appropriate.
This bill would additionally apply certain of those provisions to benefits the foster youth is receiving from the federal Veterans Benefits Administration. The bill would require the assistance the county provides to the foster youth with respect to those benefits to include applicable financial literacy training and support. The bill would require the county to document that assistance in the youths transitional independent living plan. By increasing county duties with respect to foster youth, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 13753 of the Welfare and Institutions Code, as added by Section 63 of Chapter 50 of the Statutes of 2022, is amended to read:13753. (a) When a foster youth is receiving SSI payments, payments from the federal Social Security Administration or the federal Veterans Benefits Administration, the county shall do all of the following at least six months before the youths 18th birthday:(1) Provide information to the youth regarding the federal requirement that the youth establish continuing disability as an adult, if necessary, in order for SSI benefits benefits from the Social Security Administration and the Veterans Benefits Administration, including SSI benefits, to continue beyond their 18th birthday.(2) Provide information to the youth regarding the process for becoming their own payee and steps necessary to maintain the SSI Social Security Administration benefits, or designating an appropriate representative payee if benefits continue beyond their 18th birthday, and regarding any SSI Social Security Administration benefits that have accumulated on their behalf. The county shall also provide information about the effect, if any, the youths foster care benefits may have on the amount of the youths SSI payments.(3) Assist the youth, as appropriate, in fulfilling the requirements of paragraphs (1) and (2). (2), including any applicable financial literacy training and support, and document that assistance in the youths transitional independent living plan.(b) Upon the youth attaining 18 years of age, if the youth elects to remain in foster care as a nonminor dependent, the county shall carry out the requirements of subdivision (c) of Section 13754.(c) The department shall disseminate information to counties to support implementation of this section and shall distribute these materials to county placing agencies prior to implementation of this section.(d) This section shall become operative as of January 1, 2023, or 30 days after the department issues the necessary all-county letters and informing materials to county placing agencies, whichever is later.SEC. 2. To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 13753 of the Welfare and Institutions Code, as added by Section 63 of Chapter 50 of the Statutes of 2022, is amended to read:13753. (a) When a foster youth is receiving SSI payments, payments from the federal Social Security Administration or the federal Veterans Benefits Administration, the county shall do all of the following at least six months before the youths 18th birthday:(1) Provide information to the youth regarding the federal requirement that the youth establish continuing disability as an adult, if necessary, in order for SSI benefits benefits from the Social Security Administration and the Veterans Benefits Administration, including SSI benefits, to continue beyond their 18th birthday.(2) Provide information to the youth regarding the process for becoming their own payee and steps necessary to maintain the SSI Social Security Administration benefits, or designating an appropriate representative payee if benefits continue beyond their 18th birthday, and regarding any SSI Social Security Administration benefits that have accumulated on their behalf. The county shall also provide information about the effect, if any, the youths foster care benefits may have on the amount of the youths SSI payments.(3) Assist the youth, as appropriate, in fulfilling the requirements of paragraphs (1) and (2). (2), including any applicable financial literacy training and support, and document that assistance in the youths transitional independent living plan.(b) Upon the youth attaining 18 years of age, if the youth elects to remain in foster care as a nonminor dependent, the county shall carry out the requirements of subdivision (c) of Section 13754.(c) The department shall disseminate information to counties to support implementation of this section and shall distribute these materials to county placing agencies prior to implementation of this section.(d) This section shall become operative as of January 1, 2023, or 30 days after the department issues the necessary all-county letters and informing materials to county placing agencies, whichever is later.
SECTION 1. Section 13753 of the Welfare and Institutions Code, as added by Section 63 of Chapter 50 of the Statutes of 2022, is amended to read:
### SECTION 1.
13753. (a) When a foster youth is receiving SSI payments, payments from the federal Social Security Administration or the federal Veterans Benefits Administration, the county shall do all of the following at least six months before the youths 18th birthday:(1) Provide information to the youth regarding the federal requirement that the youth establish continuing disability as an adult, if necessary, in order for SSI benefits benefits from the Social Security Administration and the Veterans Benefits Administration, including SSI benefits, to continue beyond their 18th birthday.(2) Provide information to the youth regarding the process for becoming their own payee and steps necessary to maintain the SSI Social Security Administration benefits, or designating an appropriate representative payee if benefits continue beyond their 18th birthday, and regarding any SSI Social Security Administration benefits that have accumulated on their behalf. The county shall also provide information about the effect, if any, the youths foster care benefits may have on the amount of the youths SSI payments.(3) Assist the youth, as appropriate, in fulfilling the requirements of paragraphs (1) and (2). (2), including any applicable financial literacy training and support, and document that assistance in the youths transitional independent living plan.(b) Upon the youth attaining 18 years of age, if the youth elects to remain in foster care as a nonminor dependent, the county shall carry out the requirements of subdivision (c) of Section 13754.(c) The department shall disseminate information to counties to support implementation of this section and shall distribute these materials to county placing agencies prior to implementation of this section.(d) This section shall become operative as of January 1, 2023, or 30 days after the department issues the necessary all-county letters and informing materials to county placing agencies, whichever is later.
13753. (a) When a foster youth is receiving SSI payments, payments from the federal Social Security Administration or the federal Veterans Benefits Administration, the county shall do all of the following at least six months before the youths 18th birthday:(1) Provide information to the youth regarding the federal requirement that the youth establish continuing disability as an adult, if necessary, in order for SSI benefits benefits from the Social Security Administration and the Veterans Benefits Administration, including SSI benefits, to continue beyond their 18th birthday.(2) Provide information to the youth regarding the process for becoming their own payee and steps necessary to maintain the SSI Social Security Administration benefits, or designating an appropriate representative payee if benefits continue beyond their 18th birthday, and regarding any SSI Social Security Administration benefits that have accumulated on their behalf. The county shall also provide information about the effect, if any, the youths foster care benefits may have on the amount of the youths SSI payments.(3) Assist the youth, as appropriate, in fulfilling the requirements of paragraphs (1) and (2). (2), including any applicable financial literacy training and support, and document that assistance in the youths transitional independent living plan.(b) Upon the youth attaining 18 years of age, if the youth elects to remain in foster care as a nonminor dependent, the county shall carry out the requirements of subdivision (c) of Section 13754.(c) The department shall disseminate information to counties to support implementation of this section and shall distribute these materials to county placing agencies prior to implementation of this section.(d) This section shall become operative as of January 1, 2023, or 30 days after the department issues the necessary all-county letters and informing materials to county placing agencies, whichever is later.
13753. (a) When a foster youth is receiving SSI payments, payments from the federal Social Security Administration or the federal Veterans Benefits Administration, the county shall do all of the following at least six months before the youths 18th birthday:(1) Provide information to the youth regarding the federal requirement that the youth establish continuing disability as an adult, if necessary, in order for SSI benefits benefits from the Social Security Administration and the Veterans Benefits Administration, including SSI benefits, to continue beyond their 18th birthday.(2) Provide information to the youth regarding the process for becoming their own payee and steps necessary to maintain the SSI Social Security Administration benefits, or designating an appropriate representative payee if benefits continue beyond their 18th birthday, and regarding any SSI Social Security Administration benefits that have accumulated on their behalf. The county shall also provide information about the effect, if any, the youths foster care benefits may have on the amount of the youths SSI payments.(3) Assist the youth, as appropriate, in fulfilling the requirements of paragraphs (1) and (2). (2), including any applicable financial literacy training and support, and document that assistance in the youths transitional independent living plan.(b) Upon the youth attaining 18 years of age, if the youth elects to remain in foster care as a nonminor dependent, the county shall carry out the requirements of subdivision (c) of Section 13754.(c) The department shall disseminate information to counties to support implementation of this section and shall distribute these materials to county placing agencies prior to implementation of this section.(d) This section shall become operative as of January 1, 2023, or 30 days after the department issues the necessary all-county letters and informing materials to county placing agencies, whichever is later.
13753. (a) When a foster youth is receiving SSI payments, payments from the federal Social Security Administration or the federal Veterans Benefits Administration, the county shall do all of the following at least six months before the youths 18th birthday:
(1) Provide information to the youth regarding the federal requirement that the youth establish continuing disability as an adult, if necessary, in order for SSI benefits benefits from the Social Security Administration and the Veterans Benefits Administration, including SSI benefits, to continue beyond their 18th birthday.
(2) Provide information to the youth regarding the process for becoming their own payee and steps necessary to maintain the SSI Social Security Administration benefits, or designating an appropriate representative payee if benefits continue beyond their 18th birthday, and regarding any SSI Social Security Administration benefits that have accumulated on their behalf. The county shall also provide information about the effect, if any, the youths foster care benefits may have on the amount of the youths SSI payments.
(3) Assist the youth, as appropriate, in fulfilling the requirements of paragraphs (1) and (2). (2), including any applicable financial literacy training and support, and document that assistance in the youths transitional independent living plan.
(b) Upon the youth attaining 18 years of age, if the youth elects to remain in foster care as a nonminor dependent, the county shall carry out the requirements of subdivision (c) of Section 13754.
(c) The department shall disseminate information to counties to support implementation of this section and shall distribute these materials to county placing agencies prior to implementation of this section.
(d) This section shall become operative as of January 1, 2023, or 30 days after the department issues the necessary all-county letters and informing materials to county placing agencies, whichever is later.
SEC. 2. To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
SEC. 2. To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
SEC. 2. To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
### SEC. 2.