Welfare and Institutions Code

Part 5 of 35 · provisions 801–1,000

This section says the act is to be known as the Welfare and Institutions Code.

Jurisdiction: United States — California
Instrument: Code
Citation: WIC
Version: Undated source snapshot
Language: en
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Complete work: View statute overview

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The Department of the Youth Authority may establish, maintain, or help develop regional centers for counties’ alternative placement options. When a California law mentions “Whittier State School,” it must be read as referring to Fred C. Nelles School for Boys. This section defines “Youth Authority,” “authority,” “the authority,” and “board” for this chapter. This provision states the purpose of the division: to provide protection, care, and assistance to people in need, and to promote welfare through prompt, humane aid and services without discrimination. This section states the purposes of public social services funded by state grants-in-aid to counties.

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Provisions of Welfare and Institutions Code

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11351.5.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4. Relatives’ Responsibility [11351.5 - 11353] ( Article 4 added by Stats. 1965, Ch. 1784. )
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An unrelated adult male living with a family receiving aid must contribute financially, and the mother and male must disclose and sign the expense-sharing facts. Aid may be discontinued if either person willfully fails to cooperate.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4. Relatives’ Responsibility [11351.5 - 11353] ( Article 4 added by Stats. 1965, Ch. 1784. ) ## 11351.5. Whenever an unrelated adult male resides with a family applying for or receiving aid under this chapter, he shall be required to make a financial contribution to the family which shall not be less than it would cost him to provide himself with an independent living arrangement. The minimum financial contribution to the family shall be determined in accordance with standards established by the department which takes into account such adult male person’s income and expenses. The regulations formulated by the department shall require the mother of the children and the unrelated male to present all of the facts in connection with the sharing of expenses which comprise the agreement whereby said adult male resides with the family. The conditions of the agreement and the facts related to the sharing of the family expenses shall be signed under penalty of perjury by both the mother of the child and the unrelated male. In the event that either the mother or the adult male person willfully and knowingly fails to cooperate during the period such joint sharing of expenses arrangement exists in setting forth all of the facts in accordance with provisions of this section, aid to the family may be discontinued. The provisions of this section do not apply to a bona fide paying lodger, roomer or boarder living in the home of a family applying for or receiving aid under this chapter. (Added by Stats. 1969, Ch. 1417.)
11353.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4. Relatives’ Responsibility [11351.5 - 11353] ( Article 4 added by Stats. 1965, Ch. 1784. )
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A parent whose absence is the basis for a child-aid application must give the county a written statement within 15 days after service.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4. Relatives’ Responsibility [11351.5 - 11353] ( Article 4 added by Stats. 1965, Ch. 1784. ) ## 11353. Any parent whose absence is the basis upon which an application is filed for aid in behalf of a child shall complete and return to the county within 15 days after service pursuant to Section 11476 a written statement of his current monthly income, his total income over the past 12 months, a description of all real and personal property owned by him, together with an estimate of its value, the number of dependents for whom he is providing support, the amount he is contributing regularly, toward the support of all children for whom application for aid is made under this chapter, his social security number, his current monthly living expenses and such other information as is pertinent to determining his ability to support his children. A violation of this section constitutes a misdemeanor. (Amended by Stats. 1971, Ch. 578.)
11360.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.5. Kinship Guardianship Assistance Payment Program [11360 - 11379] ( Article 4.5 repealed (in Sec. 36) and added by Stats. 2010, Ch. 559, Sec. 34. )
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When the director makes the declaration required by Section 11217, the department must establish a state-funded Kinship Guardianship Assistance Payment Program.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.5. Kinship Guardianship Assistance Payment Program [11360 - 11379] ( Article 4.5 repealed (in Sec. 36) and added by Stats. 2010, Ch. 559, Sec. 34. ) ## 11360. Effective on the date that the director executes a declaration pursuant to Section 11217, the department shall establish a state-funded Kinship Guardianship Assistance Payment Program as specified in this article. (Repealed and added by Stats. 2010, Ch. 559, Sec. 34. (AB 12) Effective January 1, 2011. This section also became operative on January 1, 2011, pursuant to Section 11379.)
11361.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.5. Kinship Guardianship Assistance Payment Program [11360 - 11379] ( Article 4.5 repealed (in Sec. 36) and added by Stats. 2010, Ch. 559, Sec. 34. )
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The Legislature states that continuing the state-funded Kin-GAP Program is meant to support family preservation, stability, and permanent placements with relatives for certain dependent children and wards of the juvenile court.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.5. Kinship Guardianship Assistance Payment Program [11360 - 11379] ( Article 4.5 repealed (in Sec. 36) and added by Stats. 2010, Ch. 559, Sec. 34. ) ## 11361. The Legislature finds and declares that the continuation of the state-funded Kinship Guardianship Assistance Payment Program is intended to enhance family preservation and stability by recognizing that some dependent children and wards of the juvenile court who are not otherwise eligible under Subtitle IV-E (commencing with Section 470) of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.) are in long-term, stable placements with relatives, that these placements are the permanent plan for the child, that dependencies can be dismissed pursuant to Section 366.3 with legal guardianship granted to the relative, and that there is no need for continued governmental intervention in the family life through ongoing, scheduled court and social services supervision of the placement. Continuation of the state-funded Kin-GAP Program is necessary to ensure that wards and dependent children of the juvenile court whose placement in the home of an approved relative are equally eligible for the benefits derived from legal permanency with the related guardian and that the state can maximize improvements to federal permanency outcome measures by exiting nonfederally eligible youth to the state’s subsidized kinship guardianship program. (Amended by Stats. 2023, Ch. 43, Sec. 45. (AB 120) Effective July 10, 2023.)
11362.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.5. Kinship Guardianship Assistance Payment Program [11360 - 11379] ( Article 4.5 repealed (in Sec. 36) and added by Stats. 2010, Ch. 559, Sec. 34. )
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This section defines key terms used in the Kinship Guardianship Assistance Payment Program, including Kin-GAP, kinship guardian, relative, and approved home of the prospective relative guardian.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.5. Kinship Guardianship Assistance Payment Program [11360 - 11379] ( Article 4.5 repealed (in Sec. 36) and added by Stats. 2010, Ch. 559, Sec. 34. ) ## 11362. For purposes of this article, the following definitions shall apply: (a) “Kinship Guardianship Assistance Payments (Kin-GAP)” means the state-funded aid provided under the terms of this article on behalf of children in kinship care who are not eligible for federally funded Kin-GAP pursuant to Section 11385. (b) “Kinship guardian” means a person who (1) has been appointed the legal guardian of a dependent child pursuant to Section 360 or 366.26, or a ward of the juvenile court pursuant to subdivision (d) of Section 728 and (2) is a relative of the child. (c) “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. (d) “Approved home of the prospective relative guardian” means any of the following: (1) The home of a relative who has been approved as a resource family home pursuant to Section 16519.5 of this code or Section 1517 of the Health and Safety Code. (2) The home of a relative who has been approved as a tribally approved home, as defined in subdivision (r) of Section 224.1. (3) The home of a relative who has been assessed pursuant to subdivision (a) of Section 361.3 and Section 361.4, and into which the juvenile court has authorized placement. (Amended by Stats. 2023, Ch. 43, Sec. 46. (AB 120) Effective July 10, 2023.)
11363.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.5. Kinship Guardianship Assistance Payment Program [11360 - 11379] ( Article 4.5 repealed (in Sec. 36) and added by Stats. 2010, Ch. 559, Sec. 34. )
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This section sets when Kin-GAP aid is available and continued, and it imposes criminal-background-check steps for prospective alternate guardians or coguardians.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.5. Kinship Guardianship Assistance Payment Program [11360 - 11379] ( Article 4.5 repealed (in Sec. 36) and added by Stats. 2010, Ch. 559, Sec. 34. ) ## 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, who satisfies 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, as defined in subdivision (d) of Section 11362, 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 their dependency jurisdiction terminated after January 1, 2000, pursuant to Section 366.3, or their 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 resumes dependency jurisdiction after the court concludes the hearing on the petition filed under Section 388. (c) A child or nonminor former dependent or ward shall be eligible for Kin-GAP payments if the child or nonminor former dependent meets one of the following age criteria: (1) The person is under 18 years of age. (2) The person is under 21 years of age and has a physical or mental disability that warrants the continuation of assistance. (3) Through December 31, 2011, the person satisfies the conditions of Section 11403, and on and after January 1, 2012, the person satisfies the conditions of Section 11403.01. (4) The person satisfies 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 who are under 19 years of age, if they reached 16 years of age before the Kin-GAP negotiated agreement payments commenced, and as described in Section 10103.5. 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 agreement payments commenced, and as described in Section 10103.5. 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 agreement payments commenced. To be eligible for continued payments, the youth shall satisfy one or more of the conditions specified in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403. (e) (1) Termination of the guardianship with a kinship guardian shall terminate eligibility for Kin-GAP unless the conditions in Section 11403 apply. However, 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, subdivision (a) of Section 361.4, and paragraph (2), and the court terminates dependency jurisdiction. If a nonminor former dependent is receiving Kin-GAP after 18 years of age and the nonminor former dependent’s former guardian dies, the nonminor former dependent may petition the court for a hearing pursuant to Section 388.1. (2) (A) In addition to the state-level criminal records check described in paragraph (2) of subdivision (a) of Section 361.4, the county welfare department shall require each prospective alternate guardian or coguardian, and any other person over 18 years of age living in the home, to be fingerprinted, and shall secure from an appropriate law enforcement agency any criminal record of that person to determine whether the person has ever been convicted of a crime other than a minor traffic violation. (B) If the criminal records check indicates that the prospective alternate guardian or coguardian has been convicted of an offense described in subparagraph (A) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, the case shall not be eligible for Kin-GAP funding. (C) If the prospective alternate guardian or coguardian has been convicted of a crime other than a minor traffic violation or arrested for an offense specified in subdivision (e) of Section 1522 of the Health and Safety Code, except for the civil penalty language, the criminal background check provisions specified in subdivisions (d) to (g), inclusive, of Section 1522 of the Health and Safety Code shall apply, and an exemption shall be issued prior to issuance of any Kin-GAP funding. Exemptions from the criminal records clearance requirements set forth in this section may be granted by the county using the exemption criteria specified in subdivision (g) of Section 1522 of the Health and Safety Code and any applicable written directives or regulations adopted by the department. (3) A prospective alternate guardian or coguardian shall not be required to be approved as a resource family pursuant to Section 16519.5 for the sole purpose of receiving Kin-GAP funding on behalf of an eligible child in the care of the prospective alternate guardian or coguardian. (Amended by Stats. 2023, Ch. 43, Sec. 47. (AB 120) Effective July 10, 2023.)
11364.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.5. Kinship Guardianship Assistance Payment Program [11360 - 11379] ( Article 4.5 repealed (in Sec. 36) and added by Stats. 2010, Ch. 559, Sec. 34. )
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This section requires a written Kin-GAP agreement and sets how payments, reimbursements, and notices must be handled for eligible children and relative guardians.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.5. Kinship Guardianship Assistance Payment Program [11360 - 11379] ( Article 4.5 repealed (in Sec. 36) and added by Stats. 2010, Ch. 559, Sec. 34. ) ## 11364. (a) In order to receive payments under this article, the county child welfare agency, probation department, Indian tribe, consortium of tribes, or tribal organization that has entered into an agreement pursuant to Section 10553.1, shall negotiate and enter into a written, binding, kinship guardianship assistance agreement with the relative guardian of an eligible child, and provide the relative guardian with a copy of the agreement. (b) The agreement shall specify, at a minimum, all of the following: (1) The amount of and manner in which the kinship guardianship assistance payment will be provided under the agreement, and that the amount is subject to any applicable increases pursuant to cost-of-living adjustments established by statute, and the manner in which the agreement may be adjusted periodically, but no less frequently than every two years, in consultation with the relative guardian, based on the circumstances of the relative guardian and the needs of the child. (2) Additional services and assistance for which the child and relative guardian will be eligible under the agreement. (3) A procedure by which the relative guardian may apply for additional services, as needed, including the filing of a petition under Section 388 to have dependency jurisdiction resumed pursuant to subdivision (b) of Section 366.3. (4) That the agreement shall remain in effect regardless of the state of residency of the relative guardian. (5) The responsibility of the relative guardian for reporting changes in the needs of the child or the circumstances of the relative guardian that affect payment. (6) For guardianships established on and after January 1, 2012, payment shall be made for reasonable and verified nonrecurring expenses associated with obtaining legal guardianship not to exceed the amount specified in federal law. Reimbursement shall not be made for costs otherwise reimbursed from other sources, including the foster care maintenance payment. The agreement shall indicate the maximum amount, the purpose of the expense, and the process for obtaining reimbursement of the nonrecurring expenses to be paid. (c) In accordance with the Kin-GAP agreement, the relative guardian shall be paid an amount of aid based on the child’s needs otherwise covered in AFDC-FC or Approved Relative Caregiver payments and the circumstances of the relative guardian, but that shall not exceed the foster care maintenance payment that would have been paid based on the state-approved foster family home care rate and any applicable specialized care increment for a child placed in a licensed or approved family home pursuant to subdivisions (a) to (d), inclusive, of Section 11461. In addition, the rate paid for a child eligible for a Kin-GAP payment shall include an amount equal to the clothing allowance, as set forth in subdivision (f) of Section 11461, including any applicable rate adjustments. For a child eligible for a Kin-GAP payment who is a teen parent, the rate shall include the two-hundred-dollar ($200) monthly payment made to the relative caregiver in a whole family foster home pursuant to paragraph (3) of subdivision (d) of Section 11465. (d) Commencing on the effective date of the act that added this subdivision, and notwithstanding subdivision (c), in accordance with the Kin-GAP agreement, the relative guardian shall be paid an amount of aid based on the child’s needs otherwise covered in AFDC-FC payments and the circumstances of the relative guardian, as follows: (1) For cases in which the dependency has been dismissed pursuant to Section 366.3 or wardship has been terminated pursuant to subdivision (d) of Section 728, concurrently or subsequently to establishment of the guardianship, on or before June 30, 2011, or the date specified in a final order, for which the time to appeal has passed, issued by a court of competent jurisdiction in California State Foster Parent Association, et al. v. William Lightbourne, et al. (U.S. Dist. Ct. No. C 07-05086 WHA), whichever is earlier, the rate paid shall not exceed the basic foster care maintenance payment rate structure in effect prior to the effective date specified in the order described in this paragraph. (2) For cases in which dependency has been dismissed pursuant to Section 366.3 or wardship has been terminated pursuant to subdivision (d) of Section 728, concurrently or subsequently to establishment of the guardianship, on or after July 1, 2011, or the date specified in the order described in paragraph (1), whichever is earlier, and through December 31, 2016, the rate paid shall not exceed the basic foster care maintenance payment rate structure effective and available as of December 31, 2016. (3) For cases in which dependency has been dismissed pursuant to Section 366.3 or wardship has been terminated pursuant to Section 728, concurrently or subsequently to establishment of the guardianship, on or after January 1, 2017, and before July 1, 2027, or the effective date specified in paragraph (9) of subdivision (h) of Section 11461, as applicable, the rate paid shall not exceed the home-based family care rate structure developed pursuant to subdivision (g) of Section 11461 and Section 11463. (4) (A) For cases in which dependency has been dismissed pursuant to Section 366.3 or wardship has been terminated pursuant to Section 728, concurrently or subsequently to establishment of the guardianship, on and after July 1, 2027, or the date specified in paragraph (9) of subdivision (h) of Section 11461, the rate paid shall not exceed Tier 1 of the Care and Supervision component of the Tiered Rate Structure, as described in subdivision (h) of Section 11461, unless the conditions of subparagraph (B) apply. (B) Notwithstanding subparagraph (A), the rate paid may exceed Tier 1, but shall not exceed Tier 2, of the Care and Supervision component of the Tiered Rate Structure, as described in subdivision (h) of Section 11461, under specific conditions established by the department and based on assessed needs of the child. (5) Beginning with the 2011–12 fiscal year, the Kin-GAP benefit payments rate structure shall be adjusted annually by the percentage change in the California Necessities Index, as set forth in paragraph (2) of subdivision (g) of Section 11461, without requiring a new agreement. (6) In addition to the rate paid for a child eligible for a Kin-GAP payment, a specialized care increment, if applicable, as set forth in subdivision (e) of Section 11461, also shall be paid. (7) In addition to the rate paid for a child eligible for a Kin-GAP payment, a clothing allowance, as set forth in subdivision (f) of Section 11461, also shall be paid. (8) For a child eligible for a Kin-GAP payment who is a teen parent, the rate shall include the two-hundred-dollar ($200) monthly payment made to the relative caregiver in a whole family foster home pursuant to paragraph (3) of subdivision (d) of Section 11465. (e) The county child welfare agency, probation department, Indian tribe, consortium of tribes, or tribal organization that entered into an agreement pursuant to Section 10553.1 shall provide the relative guardian with information, in writing, on the availability of the Kin-GAP program with an explanation of the difference between these benefits and Adoption Assistance Program benefits and AFDC-FC benefits. The agency shall also provide the relative guardian with information on the availability of mental health services through the Medi-Cal program or other programs. (f) The county child welfare agency, probation department, Indian tribe, consortium of tribes, or tribal organization, as appropriate, shall assess the needs of the child and the circumstances of the related guardian and is responsible for determining that the child meets the eligibility criteria for payment. (g) Payments on behalf of a child who is a recipient of Kin-GAP benefits and who is also a consumer of regional center services shall be based on the rates established by the State Department of Social Services pursuant to Section 11464. (Amended by Stats. 2024, Ch. 46, Sec. 14. (AB 161) Effective July 2, 2024.)
11366.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.5. Kinship Guardianship Assistance Payment Program [11360 - 11379] ( Article 4.5 repealed (in Sec. 36) and added by Stats. 2010, Ch. 559, Sec. 34. )
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A child who qualifies for Medi-Cal with no share of cost must keep that eligibility even if the child’s kinship guardian receives state-funded Kin-GAP.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.5. Kinship Guardianship Assistance Payment Program [11360 - 11379] ( Article 4.5 repealed (in Sec. 36) and added by Stats. 2010, Ch. 559, Sec. 34. ) ## 11366. A child who is eligible to receive Medi-Cal benefits with no share of cost shall maintain that eligibility notwithstanding the receipt of state-funded Kin-GAP by his or her kinship guardian. (Repealed and added by Stats. 2010, Ch. 559, Sec. 34. (AB 12) Effective January 1, 2011. This section also became operative on January 1, 2011, pursuant to Section 11379.)
11367.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.5. Kinship Guardianship Assistance Payment Program [11360 - 11379] ( Article 4.5 repealed (in Sec. 36) and added by Stats. 2010, Ch. 559, Sec. 34. )
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The supplemental clothing allowance must be paid under Section 11461(f)(5).

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.5. Kinship Guardianship Assistance Payment Program [11360 - 11379] ( Article 4.5 repealed (in Sec. 36) and added by Stats. 2010, Ch. 559, Sec. 34. ) ## 11367. The supplemental clothing allowance shall be paid pursuant to paragraph (5) of subdivision (f) of Section 11461. (Repealed and added by Stats. 2010, Ch. 559, Sec. 34. (AB 12) Effective January 1, 2011. This section also became operative on January 1, 2011, pursuant to Section 11379.)
11369.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.5. Kinship Guardianship Assistance Payment Program [11360 - 11379] ( Article 4.5 repealed (in Sec. 36) and added by Stats. 2010, Ch. 559, Sec. 34. )
Verify source ↗

The department may implement the state-funded Kin-GAP Program through all-county letters or similar instructions, and the director must adopt needed regulations.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.5. Kinship Guardianship Assistance Payment Program [11360 - 11379] ( Article 4.5 repealed (in Sec. 36) and added by Stats. 2010, Ch. 559, Sec. 34. ) ## 11369. (a) 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 may implement the applicable provisions of the state-funded Kin-GAP Program through all-county letters or similar instructions from the director. (b) The director shall adopt regulations as otherwise necessary, to implement the applicable provisions of the Kin-GAP Program. 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 initial 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. (Repealed and added by Stats. 2010, Ch. 559, Sec. 34. (AB 12) Effective January 1, 2011. This section also became operative on January 1, 2011, pursuant to Section 11379.)
11370.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.5. Kinship Guardianship Assistance Payment Program [11360 - 11379] ( Article 4.5 repealed (in Sec. 36) and added by Stats. 2010, Ch. 559, Sec. 34. )
Verify source ↗

At Kin-GAP annual redetermination, the county welfare department, probation department, or Indian tribe must meet with the relative guardian and the child and sign a written agreement for the state-funded Kin-GAP program.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.5. Kinship Guardianship Assistance Payment Program [11360 - 11379] ( Article 4.5 repealed (in Sec. 36) and added by Stats. 2010, Ch. 559, Sec. 34. ) ## 11370. The county welfare department or probation department or Indian tribe, as appropriate, at the time of the Kin-GAP annual redetermination, shall meet with the relative guardian and the nonfederally eligible child and enter into a written agreement for the state-funded Kin-GAP program as described in Section 11364. This process shall continue for at least 12 calendar months or until all state-funded Kin-GAP cases as of the effective date described have been processed. (Repealed and added by Stats. 2010, Ch. 559, Sec. 34. (AB 12) Effective January 1, 2011. This section also became operative on January 1, 2011, pursuant to Section 11379.)
11371.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.5. Kinship Guardianship Assistance Payment Program [11360 - 11379] ( Article 4.5 repealed (in Sec. 36) and added by Stats. 2010, Ch. 559, Sec. 34. )
Verify source ↗

Income to the child, including the state-funded Kin-GAP payment, must not be treated as the kinship guardian’s income when deciding eligibility for other aid programs, unless federal law requires that result as a condition of federal funding.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.5. Kinship Guardianship Assistance Payment Program [11360 - 11379] ( Article 4.5 repealed (in Sec. 36) and added by Stats. 2010, Ch. 559, Sec. 34. ) ## 11371. Income to the child, including the state-funded Kin-GAP payment, shall not be considered income to the kinship guardian for purposes of determining the kinship guardian’s eligibility for any other aid program, unless required by federal law as a condition of the receipt of federal financial participation. (Repealed and added by Stats. 2010, Ch. 559, Sec. 34. (AB 12) Effective January 1, 2011. This section also became operative on January 1, 2011, pursuant to Section 11379.)
11372.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.5. Kinship Guardianship Assistance Payment Program [11360 - 11379] ( Article 4.5 repealed (in Sec. 36) and added by Stats. 2010, Ch. 559, Sec. 34. )
Verify source ↗

The state-funded Kinship Guardianship Assistance Payment Program is exempt from Chapter 2 of Part 3.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.5. Kinship Guardianship Assistance Payment Program [11360 - 11379] ( Article 4.5 repealed (in Sec. 36) and added by Stats. 2010, Ch. 559, Sec. 34. ) ## 11372. (a) Notwithstanding any other provision of law, the state-funded Kinship Guardianship Assistance Payment Program implemented under this article is exempt from the provisions of Chapter 2 (commencing with Section 11200) of Part 3. (b) Any exemptions exercised pursuant to this section shall be implemented in accordance with Section 11369. (Amended (as added by Stats. 2010, Ch. 559) by Stats. 2011, Ch. 501, Sec. 12. (AB 6) Effective January 1, 2012.)
11374.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.5. Kinship Guardianship Assistance Payment Program [11360 - 11379] ( Article 4.5 repealed (in Sec. 36) and added by Stats. 2010, Ch. 559, Sec. 34. )
Verify source ↗

A county with prior court jurisdiction over a child in state-funded Kin-GAP must pay the child’s aid, even if the child lives elsewhere. If a child in ARC becomes eligible for Kin-GAP, ARC benefits continue until the juvenile court dismisses the dependency or ends the wardship, and Kin-GAP starts the next day.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.5. Kinship Guardianship Assistance Payment Program [11360 - 11379] ( Article 4.5 repealed (in Sec. 36) and added by Stats. 2010, Ch. 559, Sec. 34. ) ## 11374. (a) Each county that formally had court ordered jurisdiction under Section 300, 601, or 602 over a child receiving benefits under the state-funded Kin-GAP Program shall be responsible for paying the child’s aid regardless of where the child actually resides. (b) Notwithstanding any other law, when a child receiving benefits under the Approved Relative Caregiver Funding Program (ARC) pursuant to Section 11461.3 becomes eligible for benefits under the state-funded Kin-GAP Program during any month, the child shall continue to receive benefits under the ARC program, as appropriate, through the day that the juvenile court dismisses the dependency or terminates the wardship, and Kin-GAP payments shall begin the day following the day that the juvenile court dismisses the dependency or terminates the wardship. (Amended by Stats. 2020, Ch. 370, Sec. 273. (SB 1371) Effective January 1, 2021.)
11375.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.5. Kinship Guardianship Assistance Payment Program [11360 - 11379] ( Article 4.5 repealed (in Sec. 36) and added by Stats. 2010, Ch. 559, Sec. 34. )
Verify source ↗

Children or nonminor recipients of state-funded Kin-GAP benefits may request and receive independent living services, and certain income or property received after benefits begin is disregarded.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.5. Kinship Guardianship Assistance Payment Program [11360 - 11379] ( Article 4.5 repealed (in Sec. 36) and added by Stats. 2010, Ch. 559, Sec. 34. ) ## 11375. (a) Both of the following shall apply to any child or nonminor in receipt of state-funded Kin-GAP benefits: (1) The child or nonminor is eligible to request and receive independent living services pursuant to Section 10609.3. (2) Income or property received after the beginning date of receipt of Kin-GAP benefits shall be disregarded. (b) Amendments made to this section by the act that added this subdivision shall become operative on the date that the department notifies the Legislature that the California Statewide Automated Welfare System (CalSAWS) can perform the necessary automation to implement the amendments. (Amended by Stats. 2024, Ch. 46, Sec. 15. (AB 161) Effective July 2, 2024. Conditionally operative as prescribed by its own provisions.)
11376.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.5. Kinship Guardianship Assistance Payment Program [11360 - 11379] ( Article 4.5 repealed (in Sec. 36) and added by Stats. 2010, Ch. 559, Sec. 34. )
Verify source ↗

Certain Kin-GAP foster children must receive medically necessary specialty mental health services, and the host county, requesting provider, and county of origin have specific TAR and authorization roles.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.5. Kinship Guardianship Assistance Payment Program [11360 - 11379] ( Article 4.5 repealed (in Sec. 36) and added by Stats. 2010, Ch. 559, Sec. 34. ) ## 11376. A foster child who has become the subject of a legal guardianship, who is receiving assistance under the Kin-GAP Program under this article or under Article 4.7 (commencing with Section 11385), including Medi-Cal, and whose foster care court supervision has been terminated, shall be provided medically necessary specialty mental health services by the local mental health plan in the county of residence of his or her legal guardian, pursuant to all of the following: (a) The host county mental health plan shall be responsible for submitting the treatment authorization request (TAR) to the mental health plan in the county of origin. (b) The requesting public or private service provider shall prepare the TAR. (c) The county of origin shall retain responsibility for authorization and reauthorization of services utilizing an expedited TAR process. (Repealed and added by Stats. 2010, Ch. 559, Sec. 34. (AB 12) Effective January 1, 2011. This section also became operative on January 1, 2011, pursuant to Section 11379.)
11378.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.5. Kinship Guardianship Assistance Payment Program [11360 - 11379] ( Article 4.5 repealed (in Sec. 36) and added by Stats. 2010, Ch. 559, Sec. 34. )
Verify source ↗

This section sets out how counties move eligible children from state-funded Kin-GAP to federally funded Kin-GAP without breaking aid payments.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.5. Kinship Guardianship Assistance Payment Program [11360 - 11379] ( Article 4.5 repealed (in Sec. 36) and added by Stats. 2010, Ch. 559, Sec. 34. ) ## 11378. (a) It is the intent of the Legislature to provide a seamless and minimally intrusive process to allow an otherwise federally eligible child who is receiving assistance payments under this article to access the benefits of federally funded Kin-GAP pursuant to Article 4.7 (commencing with Section 11385). The transition to federally funded Kin-GAP shall be accomplished with minimal disruption to the existing relative guardian and the child, and with no break in the continuity of assistance payments. (b) Effective on the date that the director executes the declaration described in Section 11379, at the time of the annual redetermination of the state-funded Kin-GAP benefits, the county shall determine whether the child was receiving federal AFDC-FC payments prior to receiving Kin-GAP, while a dependent child or ward of the juvenile court. Those children determined to have previously received AFDC-FC payments shall be reassigned to the county social worker, who shall inform the relative guardian, and the child if over 12 years of age, of the benefits of transitioning to federal Kin-GAP and the process for making the transition. The process described in this subdivision shall continue for at least 12 calendar months, or until all state-funded Kin-GAP cases as of the effective date described in this subdivision have been processed. (c) Upon completion of the negotiated Kin-GAP agreement and confirmation that the child satisfies the conditions for federal financial participation, the child shall be eligible for federally funded Kin-GAP pursuant to Article 4.7 (commencing with Section 11385). (d) The county shall terminate the state-funded Kin-GAP payment made pursuant to the former Article 4.5 (commencing with Section 11360), and with no break in the continuity of aid, shall commence payments under the federal Kin-GAP program pursuant to Article 4.7 (commencing with Section 11385). (Added by Stats. 2010, Ch. 559, Sec. 34. (AB 12) Effective January 1, 2011. This section also became operative on January 1, 2011, pursuant to Section 11379.)
11379.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.5. Kinship Guardianship Assistance Payment Program [11360 - 11379] ( Article 4.5 repealed (in Sec. 36) and added by Stats. 2010, Ch. 559, Sec. 34. )
Verify source ↗

This article becomes operative when the Director of Social Services signs the required declaration under Section 11217.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.5. Kinship Guardianship Assistance Payment Program [11360 - 11379] ( Article 4.5 repealed (in Sec. 36) and added by Stats. 2010, Ch. 559, Sec. 34. ) ## 11379. This article shall become operative on the date that the Director of Social Services executes the declaration required pursuant to Section 11217, stating that increased federal financial participation from the Emergency Contingency Fund for State Temporary Assistance for Needy Families (TANF) Programs is no longer available pursuant to the federal American Recovery and Reinvestment Act of 2009 (ARRA) (Public Law 111-5) or subsequent federal legislation, including an amendment to the ARRA, that maintains or extends increased federal financial participation. (Added by Stats. 2010, Ch. 559, Sec. 34. (AB 12) Effective January 1, 2011. Note: Pursuant to this section, Article 4.5 (commencing with Section 11360), as added by Stats. 2010, Ch. 559, became operative on January 1, 2011.)
11385.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.7. Kinship Guardianship Assistance Payments for Children [11385 - 11393] ( Article 4.7 added by Stats. 2010, Ch. 559, Sec. 37. )
Verify source ↗

The department must use its federal option to enter kinship guardianship assistance agreements when the stated condition is met, and the payment amount cannot exceed the rate for children in a licensed or approved home.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.7. Kinship Guardianship Assistance Payments for Children [11385 - 11393] ( Article 4.7 added by Stats. 2010, Ch. 559, Sec. 37. ) ## 11385. (a) On and after the date that the director executes a declaration pursuant to Section 11217, the State Department of Social Services shall exercise its option under Section 671(a)(28) of Title 42 of the United States Code to enter into kinship guardianship assistance agreements to provide federally funded kinship guardianship assistance payments on behalf of children to grandparents and other relatives who have assumed legal guardianship of the children for whom they have cared as approved relative caregivers and for whom they have committed to care on a permanent basis, as provided in Section 673(d) of Title 42 of the United States Code. (b) A kinship guardianship assistance payment made under this article on behalf of a child shall not exceed the rate for children placed in a licensed or approved home pursuant to Section 11461. (c) It is the intent of the Legislature to ensure that relative guardians of children in long-term, stable placements who previously were receiving kinship guardianship assistance payments on behalf of those children under Article 4.5 (commencing with Section 11360) shall instead receive assistance under this article to the extent that those children are otherwise eligible under Subtitle IV-E (commencing with Section 470 of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.)). (d) 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 under Section 671(a)(28) of Title 42 of the United States Code to enter into kinship assistance agreements as provided in Section 673(d) of Title 42 of the United States Code. 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.)). (Added by Stats. 2010, Ch. 559, Sec. 37. (AB 12) Effective January 1, 2011.)
11386.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.7. Kinship Guardianship Assistance Payments for Children [11385 - 11393] ( Article 4.7 added by Stats. 2010, Ch. 559, Sec. 37. )
Verify source ↗

Kin-GAP aid is available only when the child and placement conditions in this section are met, and certain successor guardians can receive payments if specified conditions are satisfied.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.7. Kinship Guardianship Assistance Payments for Children [11385 - 11393] ( Article 4.7 added by Stats. 2010, Ch. 559, Sec. 37. ) ## 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 child satisfies 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 being 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 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 (d) of Section 728, concurrently or subsequently to the establishment of the kinship guardianship. (f) If the conditions specified in subdivisions (a) to (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 former dependent or ward 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 she satisfies 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 she satisfies the conditions 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 reached 16 years of age before the Kin-GAP negotiated agreement payments commenced, and as described in Section 10103.5. 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 agreement payments commenced, and as described in Section 10103.5. 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 agreement payments commenced. To be eligible for continued payments, the youth shall satisfy one or more of the conditions specified in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403. (i) (1) Termination of the guardianship with a kinship guardian shall terminate eligibility for Kin-GAP, unless the conditions of Section 11403 apply. However, if a successor guardian is appointed pursuant to Section 366.3 who is also a kinship guardian, the successor guardian shall be entitled to receive Kin-GAP on behalf of the child pursuant to this article if the reason for the appointment of the successor guardian is the death or incapacity of the kinship guardian and the successor guardian is named in the kinship guardianship assistance agreement or amendment to the agreement. A new period of six months of placement with the successor guardian shall not be required if that successor guardian has been assessed pursuant to Section 361.3, subdivision (a) of Section 361.4, and paragraph (2), and the court terminates dependency jurisdiction, subject to federal approval of amendments to the state plan. (2) (A) In addition to the state-level criminal records check described in paragraph (2) of subdivision (a) of Section 361.4, the county welfare department shall require each prospective successor guardian, and any other person over 18 years of age living in the home, to be fingerprinted, and shall secure from an appropriate law enforcement agency any criminal record of that person to determine whether the person has ever been convicted of a crime other than a minor traffic violation. (B) If the criminal records check indicates that the prospective successor guardian has been convicted of an offense described in subparagraph (A) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, the case shall not be eligible for Kin-GAP funding. (C) If the proposed successor guardian has been convicted of a crime other than a minor traffic violation or arrested for an offense specified in subdivision (e) of Section 1522 of the Health and Safety Code, except for the civil penalty language, the criminal background check provisions specified in subdivisions (d) to (g), inclusive, of Section 1522 of the Health and Safety Code shall apply, and an exemption shall be issued prior to issuance of any Kin-GAP funding. Exemptions from the criminal records clearance requirements set forth in this section may be granted by the county using the exemption criteria specified in subdivision (g) of Section 1522 of the Health and Safety Code and any applicable written directives or regulations adopted by the department. (3) A prospective successor guardian shall not be required to be approved as a resource family pursuant to Section 16519.5 for the sole purpose of receiving Kin-GAP funding on behalf of an eligible child in the care of the prospective successor guardian. (Amended by Stats. 2018, Ch. 910, Sec. 30. (AB 1930) Effective January 1, 2019.)
11387.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.7. Kinship Guardianship Assistance Payments for Children [11385 - 11393] ( Article 4.7 added by Stats. 2010, Ch. 559, Sec. 37. )
Verify source ↗

Certain agencies or tribal entities must make a written Kin-GAP agreement with the relative guardian before guardianship starts and give a copy to the guardian.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.7. Kinship Guardianship Assistance Payments for Children [11385 - 11393] ( Article 4.7 added by Stats. 2010, Ch. 559, Sec. 37. ) ## 11387. (a) In order to receive federal financial participation for payments under this article, the county child welfare agency or probation department, Indian tribe, consortium of tribes, or tribal organization that entered into an agreement pursuant to Section 10553.1 shall negotiate and enter into a written, binding, kinship guardianship assistance agreement with the relative guardian of an eligible child, and provide the relative guardian with a copy of the agreement. The negotiated agreement shall be executed prior to establishment of the guardianship. (b) The agreement shall specify, at a minimum, all of the following: (1) The amount of and manner in which the kinship guardianship assistance payment will be provided under the agreement, that the amount is subject to any applicable increases pursuant to cost-of-living adjustments established by statute and the manner in which the agreement may be adjusted periodically, but no less frequently than every two years, in consultation with the relative guardian, based on the circumstances of the relative guardian and the needs of the child. (2) Additional services and assistance for which the child and relative guardian will be eligible under the agreement. (3) A procedure by which the relative guardian may apply for additional services, as needed, including, but not limited to, the filing of a petition under Section 388 to have dependency jurisdiction resumed pursuant to subdivision (b) of Section 366.3. (4) The agreement shall provide that it shall remain in effect regardless of the state of residency of the relative guardian. (5) The responsibility of the relative guardian for reporting changes in the needs of the child or the circumstances of the relative guardian that affect payment. (6) For a guardianship established on and after January 1, 2012, payment shall be made for reasonable and verified nonrecurring expenses associated with obtaining legal guardianship not to exceed the amount specified in federal law. Reimbursement shall not be made for costs otherwise reimbursed from other sources, including the foster care maintenance payment. The agreement shall indicate the maximum amount, the purpose of the expense, and the process for obtaining reimbursement of the nonrecurring expenses to be paid. (c) In accordance with the Kin-GAP agreement, the relative guardian shall be paid an amount of aid based on the child’s needs otherwise covered in AFDC-FC payments and the circumstances of the relative guardian but that shall not exceed the foster care maintenance payment that would have been paid based on the age-related state-approved foster family home care rate and any applicable specialized care increment for a child placed in a licensed or approved family home pursuant to subdivisions (a) to (d), inclusive, of Section 11461. In addition, the rate paid for a child eligible for a Kin-GAP payment shall include an amount equal to the clothing allowance, as set forth in subdivision (f) of Section 11461, including any applicable rate adjustments. For a child eligible for a Kin-GAP payment who is a teen parent, the rate shall include the two-hundred-dollar ($200) monthly payment made to the relative caregiver in a whole family foster home pursuant to paragraph (3) of subdivision (d) of Section 11465. (d) Commencing on the effective date of the act that added this subdivision, and notwithstanding subdivision (c), in accordance with the Kin-GAP agreement the relative guardian shall be paid an amount of aid based on the child’s needs otherwise covered in AFDC-FC payments and the circumstances of the relative guardian, as follows: (1) For cases in which the dependency has been dismissed pursuant to Section 366.3 or wardship has been terminated pursuant to subdivision (e) of Section 728, concurrently or subsequently to establishment of the guardianship, on or before June 30, 2011, or the date specified in a final order, for which the time to appeal has passed, issued by a court of competent jurisdiction in California State Foster Parent Association et al. v. William Lightbourne, et al. (U.S. Dist. Ct. No. C 07-05086 WHA), whichever is earlier, the rate paid shall not exceed the basic foster care maintenance payment rate structure in effect prior to the effective date specified in the order described in this paragraph. (2) For cases in which dependency has been dismissed pursuant to Section 366.3 or wardship has been terminated pursuant to subdivision (d) of Section 728, concurrently or subsequently to establishment of the guardianship, on or after July 1, 2011, or the date specified in the order described in paragraph (1), whichever is earlier, and through December 31, 2016, the rate paid shall not exceed the basic foster care maintenance payment rate structure effective and available as of December 31, 2016. (3) For cases in which dependency has been dismissed pursuant to Section 366.3 or wardship has been terminated pursuant to Section 728, concurrently or subsequently to establishment of the guardianship, on or after January 1, 2017, and before July 1, 2027, or the effective date specified in paragraph (9) of subdivision (h) of Section 11461, as applicable, the rate paid shall not exceed the home-based family care rate structure developed pursuant to subdivision (g) of Section 11461 and Section 11463. (4) (A) For cases in which dependency has been dismissed pursuant to Section 366.3 or wardship has been terminated pursuant to Section 728, concurrently or subsequently to establishment of the guardianship, on and after July 1, 2027, or the date specified in paragraph (9) of subdivision (h) of Section 11461, the rate paid shall not exceed Tier 1 of the Care and Supervision component of the Tiered Rate Structure, as described in subdivision (h) of Section 11461, unless the conditions of subparagraph (B) apply. (B) Notwithstanding subparagraph (A), the rate paid may exceed Tier 1, but shall not exceed Tier 2, of the Care and Supervision component of the Tiered Rate Structure, as described in subdivision (h) of Section 11461, under specific conditions established by the department and based on assessed needs of the child. (5) Beginning with the 2011–12 fiscal year, the Kin-GAP benefit payment rate structure shall be adjusted annually by the percentage change in the California Necessities Index, as set forth in paragraph (2) of subdivision (g) of Section 11461, without requiring a new agreement. (6) In addition to the rate paid for a child eligible for a Kin-GAP payment, a specialized care increment, if applicable, as set forth in subdivision (e) of Section 11461, shall be paid. (7) In addition to the rate paid for a child eligible for a Kin-GAP payment, a clothing allowance, as set forth in subdivision (f) of Section 11461, shall be paid. (8) For a child eligible for a Kin-GAP payment who is a teen parent, the rate shall include the two-hundred-dollar ($200) monthly payment made to the relative caregiver in a whole family foster home pursuant to paragraph (3) of subdivision (d) of Section 11465. (e) The county child welfare agency or probation department, Indian tribe, consortium of tribes, or tribal organization that entered into an agreement pursuant to Section 10553.1 shall provide the relative guardian with information, in writing, on the availability of the federal Kin-GAP program with an explanation of the difference between these benefits and Adoption Assistance Program benefits and AFDC-FC benefits. The agency shall also provide the relative guardian with information on the availability of mental health services through the Medi-Cal program or other programs. (f) The county child welfare agency, probation department, or Indian tribe, as appropriate, shall assess the needs of the child and the circumstances of the related guardian and is responsible for determining that the child meets the eligibility criteria for payment. (g) Payments on behalf of a child who is a recipient of Kin-GAP benefits and who is also a consumer of regional center services shall be based on the rates established by the State Department of Social Services pursuant to Section 11464. (Amended by Stats. 2024, Ch. 46, Sec. 16. (AB 161) Effective July 2, 2024.)
11388.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.7. Kinship Guardianship Assistance Payments for Children [11385 - 11393] ( Article 4.7 added by Stats. 2010, Ch. 559, Sec. 37. )
Verify source ↗

A federally eligible child with certain siblings may be placed in the same kinship guardianship arrangement if the listed agencies and the prospective relative guardian agree it is appropriate.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.7. Kinship Guardianship Assistance Payments for Children [11385 - 11393] ( Article 4.7 added by Stats. 2010, Ch. 559, Sec. 37. ) ## 11388. If a federally eligible child described in Section 11386 has one or more siblings who are not so described, the child and any sibling of the child may be placed in the same kinship guardianship arrangement, in accordance with Section 671(a)(31) of Title 42 of the United States Code, if the county child welfare department or probation department or Indian tribe that entered into an agreement pursuant to Section 10553.1 and the prospective relative guardian agree on the appropriateness of the arrangement for the siblings. Kinship guardianship assistance payments may be paid on behalf of each sibling, at a per-child rate, placed in accordance with this section. (Added by Stats. 2010, Ch. 559, Sec. 37. (AB 12) Effective January 1, 2011.)
11389.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.7. Kinship Guardianship Assistance Payments for Children [11385 - 11393] ( Article 4.7 added by Stats. 2010, Ch. 559, Sec. 37. )
Verify source ↗

A child eligible for a Kin-GAP payment is automatically eligible for Medi-Cal with no share of cost.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.7. Kinship Guardianship Assistance Payments for Children [11385 - 11393] ( Article 4.7 added by Stats. 2010, Ch. 559, Sec. 37. ) ## 11389. A child eligible for a Kin-GAP payment under this article is categorically eligible for Medi-Cal at no share of cost pursuant to Section 473(b)(3) of the federal Social Security Act (42 U.S.C. Sec. 673(b)(3)). (Added by Stats. 2010, Ch. 559, Sec. 37. (AB 12) Effective January 1, 2011.)
11390.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.7. Kinship Guardianship Assistance Payments for Children [11385 - 11393] ( Article 4.7 added by Stats. 2010, Ch. 559, Sec. 37. )
Verify source ↗

This section exempts certain kinship guardians from CalWORKs identity verification, requires some guardians to still comply, and sets rules for Kin-GAP aid, income treatment, and county payment responsibility.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.7. Kinship Guardianship Assistance Payments for Children [11385 - 11393] ( Article 4.7 added by Stats. 2010, Ch. 559, Sec. 37. ) ## 11390. (a) A person who is a kinship guardian under this article, and who has met the requirements of Section 361.4, is exempt from identity verification requirements for the CalWORKs program. A guardian who is also an applicant for, or a recipient of, benefits under the CalWORKs program shall comply with the identity verification requirements for the CalWORKs program, as those statutory and regulatory requirements existed on October 1, 2018. (b) Any exemptions exercised pursuant to this section shall be implemented in accordance with Section 11393. (c) Income to the child, including the Kin-GAP payment, shall not be considered income to the kinship guardian for purposes of determining the kinship guardian’s eligibility for any other aid program, unless required by federal law as a condition of the receipt of federal financial participation. (d) Each county that formally had court-ordered jurisdiction under Section 300 or Section 601 or 602 over a child receiving benefits under the Kin-GAP Program shall be responsible for paying the child’s aid regardless of where the child actually resides. (e) Notwithstanding any other law, when a child receiving benefits under the AFDC-FC program becomes eligible for benefits under the Kin-GAP Program during any month, the child shall continue to receive benefits under the AFDC-FC program, as appropriate, through the day that the juvenile court dismisses the dependency or terminates the wardship, and Kin-GAP payments shall begin the day following the day that the juvenile court dismisses the dependency or terminates the wardship. (f) Both of the following shall apply to any child or nonminor in receipt of Kin-GAP benefits: (1) The child or nonminor is eligible to request and receive independent living services pursuant to Section 10609.3. (2) Income or property received after the beginning date of receipt of Kin-GAP benefits shall be disregarded. (g) Amendments made to this section by the act that added this subdivision shall become operative on the date that the department notifies the Legislature that the California Statewide Automated Welfare System (CalSAWS) can perform the necessary automation to implement the amendments. (Amended by Stats. 2024, Ch. 46, Sec. 17. (AB 161) Effective July 2, 2024. Conditionally operative as prescribed by its own provisions.)
11391.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.7. Kinship Guardianship Assistance Payments for Children [11385 - 11393] ( Article 4.7 added by Stats. 2010, Ch. 559, Sec. 37. )
Verify source ↗

This section defines terms used for Kin-GAP and related kinship care concepts.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.7. Kinship Guardianship Assistance Payments for Children [11385 - 11393] ( Article 4.7 added by Stats. 2010, Ch. 559, Sec. 37. ) ## 11391. For purposes of this article, the following definitions shall apply: (a) “Kinship Guardianship Assistance Payments (Kin-GAP)” means the aid provided on behalf of children eligible for federal financial participation under Section 671(a)(28) of Title 42 of the United States Code in kinship care under the terms of this article. (b) “Kinship guardian” means a person who meets both of the following criteria: (1) The person has been appointed the legal guardian of a dependent child pursuant to Section 366.26 or Section 360 or a ward of the juvenile court pursuant to subdivision (d) of Section 728. (2) The person is a relative of the child. (c) “Relative,” subject to federal approval of amendments to the state plan, means any of the following: (1) 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. (2) An adult who meets the definition of an approved, nonrelated extended family member, as described in Section 362.7. (3) An adult who is either a member of the Indian child’s tribe, or an Indian custodian, as defined in Section 224.1. (4) An adult who is the current foster parent of a child under the juvenile court’s jurisdiction, who has established a significant and family-like relationship with the child, and the child and the county child welfare agency, probation department, Indian tribe, consortium of tribes, or tribal organization that has entered into an agreement pursuant to Section 10553.1 identify this adult as the child’s permanent connection. (5) An adult who meets the definition of an extended family member as described in Section 224.1. (d) “Sibling” means a child related to the identified eligible child by blood, adoption, or affinity through a common legal or biological parent. (e) “Approved home of the prospective relative guardian” means either of the following: (1) The home of a relative who has been approved as a resource family home pursuant to Section 16519.5 of this code, or Section 1517 of the Health and Safety Code. (2) The home of a relative who has been approved as a tribally approved home, as defined in subdivision (r) of Section 224.1. (Amended by Stats. 2024, Ch. 656, Sec. 27. (AB 81) Effective September 27, 2024.)
11392.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.7. Kinship Guardianship Assistance Payments for Children [11385 - 11393] ( Article 4.7 added by Stats. 2010, Ch. 559, Sec. 37. )
Verify source ↗

After the director’s declaration under Section 11217, certain agencies or tribes must meet with the relative guardian and child at each annual Kin-GAP redetermination and sign the written negotiated agreement.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.7. Kinship Guardianship Assistance Payments for Children [11385 - 11393] ( Article 4.7 added by Stats. 2010, Ch. 559, Sec. 37. ) ## 11392. On and after the date that the director executes a declaration pursuant to Section 11217, for purposes of eligibility under this article, children who are currently receiving Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) and who were determined eligible under Subtitle IV-E (commencing with Section 470 of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.)) as dependent children of the juvenile court placed in foster care with an approved relative and who remain under the court’s jurisdiction pursuant to Section 366.4 shall be deemed to meet the eligibility criteria as described in Section 673(d) of Title 42 of the United States Code. On and after the date that the director executes a declaration pursuant to Section 11217, the county child welfare department, probation department, or Indian tribe, as appropriate, at the time of each Subtitle IV-E eligible child’s Kin-GAP annual redetermination, shall meet with the relative guardian and child and enter into the written negotiated agreement as described in Section 11387. (Added by Stats. 2010, Ch. 559, Sec. 37. (AB 12) Effective January 1, 2011.)
11393.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.7. Kinship Guardianship Assistance Payments for Children [11385 - 11393] ( Article 4.7 added by Stats. 2010, Ch. 559, Sec. 37. )
Verify source ↗

The department and director may use letters, instructions, and regulations to implement the Kin-GAP Program, and the director must adopt needed regulations.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 4.7. Kinship Guardianship Assistance Payments for Children [11385 - 11393] ( Article 4.7 added by Stats. 2010, Ch. 559, Sec. 37. ) ## 11393. (a) 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 may implement the applicable provisions of the federally funded Kin-GAP Program through all-county letters or similar instructions from the director. (b) The department shall develop both the all-county letter instructions and regulations in consultation with concerned stakeholders, including, but not limited to, the County Welfare Directors Association, the Chief Probation Officers of California, representatives of California Indian tribes, the California Youth Connection, former foster youth, child advocacy organizations, labor organizations, foster caregiver organizations, and researchers. (c) The director shall adopt regulations as otherwise necessary, to implement the applicable provisions of the federally funded Kin-GAP Program. 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 initial 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. (Added by Stats. 2010, Ch. 559, Sec. 37. (AB 12) Effective January 1, 2011.)
11400.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. )
Verify source ↗

This section defines key foster care terms used in Article 5 and related Article 6 provisions.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. ) ## 11400. For purposes of this article, and Article 6 (commencing with Section 11450), the following definitions 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 an individual or family certified by a licensed foster family agency and issued a certificate of approval by that agency as meeting licensing standards, and used exclusively by that foster family agency for placements. (d) “Family home” means the family residence 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 a licensed community care facility, as defined in paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code. 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 accepts children in need of care and supervision in a group home, as defined by paragraph (13) 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 the individual 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) (1) “Transitional housing placement provider” means an organization licensed by the State Department of Social Services pursuant to Section 1559.110 of the Health and Safety Code to provide supervised transitional housing services to foster children who are at least 16 years of age. A transitional housing placement provider shall be privately operated and organized on a nonprofit basis. (2) Before licensure, a provider shall obtain certification from the applicable county, in accordance with Section 16522.1. (s) “Transitional Housing Program-Plus” means a provider certified by the applicable county, in accordance with subdivision (c) of Section 16522, to provide transitional housing services to former foster youth who have exited the foster care system on or after their 18th birthday. (t) “Whole family foster home” means a resource family, licensed foster 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 360 or 366.26, certified family home, or a host family of a transitional housing placement provider, that provides foster care for a minor or nonminor dependent parent and their 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 the 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 any of the following: (1) A written voluntary agreement of consent for continued placement and care in a supervised setting between a minor or, on and after January 1, 2012, a nonminor dependent, and the county welfare services or probation department or tribal agency responsible for the foster care placement, that documents the nonminor’s continued willingness to remain in supervised out-of-home placement under the placement and care of the responsible county, tribe, consortium of tribes, or tribal organization that has entered into an agreement with the state pursuant to Section 10553.1, remain under the jurisdiction of the juvenile court as a nonminor dependent, and report any change of circumstances relevant to continued eligibility for foster care payments, and that documents 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 independent living case plan. (2) An agreement, as described in paragraph (1), between a nonminor former dependent or ward in receipt of Kin-GAP payments 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 former dependent or ward satisfies the conditions described in Section 11403.01, or one or more of the conditions described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403. For purposes of this paragraph and paragraph (3), “nonminor former dependent or ward” has the same meaning as described in subdivision (aa). (3) An agreement, as described in paragraph (1), between a nonminor former dependent or ward in receipt of AFDC-FC payments under subdivision (e) or (f) of Section 11405 and the agency responsible for the AFDC-FC benefits, provided that the nonminor former dependent or ward described in subdivision (e) of Section 11405 satisfies one or more of the conditions described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, and the nonminor described in subdivision (f) of Section 11405 satisfies the secondary school or equivalent training or certificate program conditions described in that subdivision. (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 dependent child or ward of the juvenile court, or who is a nonminor under the transition jurisdiction of the juvenile court, as described in Section 450, and who satisfies all of the following criteria: (1) The nonminor dependent has attained 18 years of age while under an order of foster care placement by the juvenile court, and is not more than 19 years of age on or after January 1, 2012, not more than 20 years of age on or after January 1, 2013, or not more than 21 years of age on or after January 1, 2014, and as described in Section 10103.5. (2) The nonminor dependent is in foster care under the placement and care responsibility of the county welfare department, county probation department, Indian tribe, consortium of tribes, or tribal organization that entered into an agreement pursuant to Section 10553.1. (3) The nonminor dependent has 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 federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351), as described in Section 11403. (w) “Supervised independent living placement” means, on and after January 1, 2012, an independent supervised setting in which the nonminor dependent is living independently, pursuant to Section 472(c) of the federal Social Security Act (42 U.S.C. Sec. 672(c)). (x) “Supervised independent living setting,” pursuant to Section 472(c) of the federal Social Security Act (42 U.S.C. Sec. 672(c)), includes all of the following: (1) A supervised independent living placement, as defined in subdivision (w), and as specified in a nonminor dependent’s transitional independent living case plan. (2) A transitional housing unit in which a host family lives with a nonminor dependent who is a participant of a Transitional Housing Placement program, as described in subdivision (a) of Section 1559.110 of the Health and Safety Code, including an apartment, single-family dwelling, or condominium owned, rented, or leased by the host family, with supervised transitional housing services provided by the licensed transitional housing placement provider. (3) A residential housing unit certified by the transitional housing placement provider operating a Transitional Housing Placement program for nonminor dependents, as described in paragraph (2) of subdivision (a) of Section 16522.1. (4) A transitional living setting approved by the county to support youth who are entering or reentering foster care or transitioning between placements. The short-term independent living setting shall not include a youth homelessness prevention center or an adult homeless shelter. A transitional living setting approved by the county for purposes of this paragraph is not subject to licensing pursuant to paragraph (4) of subdivision (l) of Section 1505 of the Health and Safety Code. (y) “Transitional independent living case plan” means, on or after January 1, 2012, a child’s case plan submitted for the last review hearing held before the child reaches 18 years of age or the nonminor dependent’s case plan, updated every six months, that describes the goals and objectives of how the nonminor will make progress in the transition to living independently and assume incremental responsibility for adult decisionmaking, the collaborative efforts between the nonminor and the social worker, probation officer, or Indian tribal placing entity and the supportive services as described in the transitional independent living plan (TILP) to ensure active and meaningful participation in one or more of the eligibility criteria described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, the nonminor’s appropriate supervised placement setting, and the nonminor’s permanent plan for transition to living independently, which includes maintaining or obtaining permanent connections to caring and committed adults, as set forth in paragraph (16) of subdivision (f) of Section 16501.1. (z) “Voluntary reentry agreement” means a written voluntary agreement between a former dependent child or ward or a former nonminor dependent, who has had juvenile court jurisdiction terminated pursuant to Section 391, 452, or 607.2, or between a nonminor dependent who has not signed a voluntary reentry agreement after attaining 18 years of age and for whom a petition will be filed pursuant to subdivision (f) of Section 388, and the county welfare or probation department or tribal placing entity that documents the nonminor’s desire and willingness to reenter foster care, to be placed in a supervised setting under the placement and care responsibility of the placing agency, the nonminor’s desire, willingness, and ability to immediately participate in one or more of the conditions of paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, the nonminor’s agreement to work collaboratively with the placing agency to develop their transitional independent living case plan within 60 days of reentry, if not previously completed, the nonminor’s agreement to report any changes of circumstances relevant to continued eligibility for foster care payments, and (1) the nonminor’s agreement to participate in the filing of a petition for juvenile court jurisdiction as a nonminor dependent pursuant to subdivision (e) of Section 388 within 15 judicial days of the signing of the agreement and the placing agency’s efforts and supportive services to assist the nonminor in the reentry process, (2) if the nonminor meets the definition of a nonminor former dependent or ward, as described in subdivision (aa), the nonminor’s agreement to return to the care and support of their former juvenile court-appointed guardian and meet the eligibility criteria for AFDC-FC pursuant to subdivision (e) of Section 11405, or (3) the nonminor dependent’s agreement to participate in the filing of a petition pursuant to subdivision (f) of Section 388. (aa) “Nonminor former dependent or ward” means, on and after January 1, 2012, either of the following: (1) A nonminor who reached 18 years of age while subject to an order for foster care placement, and for whom dependency, delinquency, or transition jurisdiction has been terminated, and who is still under the general jurisdiction of the court. (2) A nonminor who is over 18 years of age and, while a minor, was a dependent child or ward of the juvenile court when the guardianship was established pursuant to Section 360 or 366.26, or subdivision (d) of Section 728, and the juvenile court dependency or wardship was dismissed following the establishment of the guardianship. (ab) “Youth homelessness prevention center” means a type of group home, as defined in paragraph (14) of subdivision (a) of Section 1502 of the Health and Safety Code, that is not an eligible placement option under Sections 319, 361.2, 450, and 727, and that is not eligible for AFDC-FC funding pursuant to subdivision (c) of Section 11402 or Section 11462. (ac) “Transition dependent” is a minor between 17 years and five months and 18 years of age who is subject to the court’s transition jurisdiction under Section 450. (ad) “Short-term residential therapeutic program” means a nondetention, licensed community care facility, as defined in paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code, that provides an integrated program of specialized and intensive care and supervision, services and supports, and treatment for the child or youth, when the child’s or youth’s case plan specifies the need for, nature of, and anticipated duration of this specialized treatment. Short-term residential therapeutic programs shall be organized and operated on a nonprofit basis. (ae) “Resource family” means an approved caregiver, as defined in subdivision (c) of Section 16519.5. (af) “Core services” means services, made available to children, youth, and nonminor dependents either directly or secured through agreement with other agencies, that are trauma informed and culturally relevant, as specified in Sections 11462 and 11463. (Amended by Stats. 2021, Ch. 702, Sec. 3.5. (AB 592) Effective January 1, 2022.)
11401.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. )
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AFDC-FC aid must be provided for eligible children under 18 and certain nonminor dependents who meet the listed conditions.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. ) ## 11401. Aid in the form of AFDC-FC shall be provided under this chapter on behalf of any child under 18 years of age, and to any nonminor dependent who meets the conditions of any of the following subdivisions: (a) The child has been relinquished, for purposes of adoption, to a licensed adoption agency, or the department, or the parental rights of either or both of the child’s parents have been terminated after an action under the Family Code has been brought by a licensed adoption agency or the department, provided that the licensed adoption agency or the department, if responsible for placement and care, provides to those children all services as required by the department to children in foster care. (b) The child has been removed from the physical custody of the child’s parent, relative, or guardian as a result of a voluntary placement agreement or a judicial determination that continuance in the home would be contrary to the child’s welfare and that, if the child was placed in foster care, reasonable efforts were made, consistent with Chapter 5 (commencing with Section 16500) of Part 4, to prevent or eliminate the need for removal of the child from the child’s home and to make it possible for the child to return to the child’s home, and any of the following applies: (1) The child has been adjudged a dependent child of the court on the grounds that the child is a person described by Section 300. (2) The child has been adjudged a ward of the court on the grounds that the child is a person described by Sections 601 and 602, or the child or nonminor is under the transition jurisdiction of the juvenile court pursuant to Section 450. (3) The child has been detained under a court order, pursuant to Section 319 or 636, that remains in effect. (4) The child’s or nonminor’s dependency jurisdiction, or transition jurisdiction pursuant to Section 450, has resumed pursuant to Section 387, or subdivision (a), (e), or (f) of Section 388. (c) The child has been voluntarily placed by the child’s parent or guardian pursuant to Section 11401.1. (d) The child is living in the home of a nonrelated legal guardian, or the nonminor is living in the home of a former nonrelated legal guardian. (e) The child is a nonminor dependent who is placed pursuant to a mutual agreement as set forth in subdivision (u) of Section 11400, under the placement and care responsibility of the county child welfare services department, an Indian tribe that entered into an agreement pursuant to Section 10553.1, or the county probation department, or the child is a nonminor dependent reentering foster care placement pursuant to a voluntary agreement, as set forth in subdivision (z) of Section 11400. (f) The child has been placed in foster care consistent with the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.). Sections 11402, 11404, and 11405 shall not be construed as limiting payments to an Indian child, as defined in subdivision (b) of Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978, placed in accordance with that act and the provisions of Section 361.31. (g) To be eligible for federal financial participation, the conditions described in paragraph (1), (2), (3), or (4) shall be satisfied: (1) (A) The child meets the conditions of subdivision (b). (B) The child has been deprived of parental support or care for any of the reasons set forth in Section 11250. (C) The child has been removed from the home of a relative as defined in Section 233.90(c)(1) of Title 45 of the Code of Federal Regulations, as amended. (D) The requirements of Sections 671 and 672 of Title 42 of the United States Code, as amended, have been met. (2) (A) The child meets the requirements of subdivision (h). (B) The requirements of Sections 671 and 672 of Title 42 of the United States Code, as amended, have been met. (C) This paragraph shall be implemented only if federal financial participation is available for the children described in this paragraph. (3) (A) The child has been removed from the custody of the child’s parent, relative, or guardian as a result of a voluntary placement agreement or a judicial determination that continuance in the home would be contrary to the child’s welfare and that, if the child was placed in foster care, reasonable efforts were made, consistent with Chapter 5 (commencing with Section 16500) of Part 4, to prevent or eliminate the need for removal of the child from the child’s home and to make it possible for the child to return to the child’s home, or the child is a nonminor dependent who satisfies the removal criteria in Section 472(a)(2)(A)(i) of the federal Social Security Act (42 U.S.C. Sec. 672 (a)(2)(A)(i)) and agrees to the placement and care responsibility of the placing agency by signing the voluntary reentry agreement, as set forth in subdivision (z) of Section 11400, and any of the following applies: (i) The child has been adjudged a dependent child of the court on the grounds that the child is a person described by Section 300. (ii) The child has been adjudged a ward of the court on the grounds that the child is a person described by Sections 601 and 602 or the child or nonminor is under the transition jurisdiction of the juvenile court, pursuant to Section 450. (iii) The child has been detained under a court order, pursuant to Section 319 or 636, that remains in effect. (iv) The child’s or nonminor’s dependency jurisdiction, or transition jurisdiction pursuant to Section 450, has resumed pursuant to Section 387, or subdivision (a), (e), or (f) of Section 388. (B) The child has been placed in an eligible foster care placement, as set forth in Section 11402. (C) The requirements of Sections 671 and 672 of Title 42 of the United States Code have been satisfied. (D) This paragraph shall be implemented only if federal financial participation is available for the children described in this paragraph. (4) With respect to a nonminor dependent, in addition to meeting the conditions specified in paragraph (1), the requirements of Section 675(8)(B) of Title 42 of the United States Code have been satisfied. With respect to a former nonminor dependent who reenters foster care placement by signing the voluntary reentry agreement, as set forth in subdivision (z) of Section 11400, the requirements for AFDC-FC eligibility of Section 672(a)(3)(A) of Title 42 of the United States Code are satisfied based on the nonminor’s status as a child-only case, without regard to the parents, legal guardians, or others in the assistance unit in the home from which the nonminor was originally removed. (h) The child meets all of the following conditions: (1) The child has been adjudged to be a dependent child or ward of the court on the grounds that the child is a person described in Section 300, 601, or 602. (2) The child’s parent also has been adjudged to be a dependent child or nonminor dependent of the court on the grounds that the child’s parent is a person described by Section 300, 450, 601, or 602 and is receiving benefits under this chapter. (3) The child is placed in the same licensed or approved foster care facility in which the child’s parent is placed and the child’s parent is receiving reunification services with respect to that child. (Amended by Stats. 2024, Ch. 656, Sec. 28. (AB 81) Effective September 27, 2024.)
11401.05.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. )
Verify source ↗

The department must amend the foster care state plan to extend benefits to certain foster care individuals starting January 1, 2012.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. ) ## 11401.05. The department shall amend the foster care state plan required under Subtitle IV-E (commencing with Section 470 of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.)), to extend benefits under this article, commencing January 1, 2012, to an individual who is in foster care under the responsibility of the state, or with respect to whom an adoption assistance agreement or a kinship guardianship assistance agreement is in effect, in accordance with the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351). (Added by Stats. 2010, Ch. 559, Sec. 40. (AB 12) Effective January 1, 2011.)
11401.1.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. )
Verify source ↗

Some children and nonminor dependents can remain eligible for AFDC-FC payments, but the payment period is capped in later cases and a county department must file a petition within 15 judicial days after a voluntary reentry agreement is signed.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. ) ## 11401.1. (a) Otherwise eligible children placed voluntarily prior to January 1, 1981, may remain eligible for AFDC-FC payments. (b) Beginning on January 1, 1982, AFDC-FC payments for children placed voluntarily on or after January 1, 1981, shall be limited to a period of up to 180 days under conditions specified by departmental regulations, and may be extended an additional six months pursuant to Section 16507.3 and departmental regulations. (c) On and after January 1, 2012, AFDC-FC payments for nonminor dependents, who reentered foster care placement by signing a voluntary reentry agreement pursuant to subdivision (z) of Section 11400, shall be limited to a period not to exceed 180 days. The county child welfare services department or probation department shall file a petition pursuant to subdivision (e) of Section 388 within 15 judicial days of the signing of the agreement to have the nonminor declared a nonminor dependent of the juvenile court in that reentry and remaining in foster care is in the best interests of the nonminor. (Amended by Stats. 2011, Ch. 459, Sec. 31. (AB 212) Effective October 4, 2011.)
11401.2.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. )
Verify source ↗

AFDC-FC payments are limited to six months, with up to a six-month extension.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. ) ## 11401.2. AFDC-FC shall be paid to an otherwise eligible child in a voluntary placement in a demonstration county for a period not to exceed six months, with a maximum extension of an additional six months. (Added by Stats. 1980, Ch. 1166, Sec. 13.)
11401.4.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. )
Verify source ↗

A child meeting the stated family and benefit conditions is treated as a child for whom AFDC-FC payments are made.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. ) ## 11401.4. A child living with his or her parent who is a minor or, on and after January 1, 2012, a nonminor dependent and a recipient of AFDC-FC benefits shall be deemed a child with respect to whom AFDC-FC payments are made. (Amended by Stats. 2010, Ch. 559, Sec. 42. (AB 12) Effective January 1, 2011.)
11401.5.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. )
Verify source ↗

The county must review a child’s or nonminor dependent’s payment amount every year.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. ) ## 11401.5. (a) The county shall review the child’s or nonminor dependent’s payment amount annually. The review shall include an examination of any circumstances of a foster child or nonminor dependent that are subject to change and could affect the child’s or nonminor dependent’s potential eligibility or payment amount, including, but not limited to, authority for placement, eligible facility, and age. (b) Consistent with federal law, any income and resources of the foster child or nonminor dependent obtained after the initial eligibility determination shall not be used to redetermine eligibility during a single foster care episode. (Amended by Stats. 2024, Ch. 237, Sec. 2. (AB 2477) Effective January 1, 2025.)
11401.6.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. )
Verify source ↗

When deciding AFDC-FC eligibility, the county must check whether the child receives Social Security benefits and, if so, apply to be the child’s representative payee when appropriate during foster care placement.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. ) ## 11401.6. At the time of determining eligibility for AFDC-FC payments, the county shall also determine whether the child is currently in receipt of benefits pursuant to Title II or Title XVI of the Social Security Act. If so, the county shall apply to become the child’s representative payee, as appropriate, during the time the child is placed in foster care. (Added by Stats. 2005, Ch. 641, Sec. 2. Effective January 1, 2006.)
11402.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. )
Verify source ↗

To be eligible for AFDC-FC, a child or nonminor dependent must be placed in one of several specified home or facility settings.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. ) ## 11402. In order to be eligible for AFDC-FC, a child or nonminor dependent shall be placed in one of the following: (a) Before January 1, 2021: (1) The approved home of a relative, provided the child or youth is otherwise eligible for federal financial participation in the AFDC-FC payment. (2) The approved home of a nonrelative extended family member, as described in Section 362.7. (3) The licensed family home of a nonrelative. (b) The approved home of a resource family, as defined in Section 16519.5, if either of the following is true: (1) The caregiver is a nonrelative. (2) The caregiver is a relative, and the child or youth is otherwise eligible for federal financial participation in the AFDC-FC payment. (c) A small family home, as defined in paragraph (6) of subdivision (a) of Section 1502 of the Health and Safety Code. (d) A housing unit, as described in Section 1559.110 of the Health and Safety Code, certified by a licensed transitional housing placement provider, as defined in paragraph (12) of subdivision (a) of Section 1502 of the Health and Safety Code and subdivision (r) of Section 11400. (e) An approved supervised independent living setting for nonminor dependents, as described in subdivision (x) of Section 11400. (f) A licensed foster family agency, as defined in subdivision (g) of Section 11400 and paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code, for placement into a certified or approved home used exclusively by the foster family agency. (g) A short-term residential therapeutic program, as defined in subdivision (ad) of Section 11400 and paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code. (h) An out-of-state residential facility that meets the statutory requirements for placing a child or youth in an out-of-state residential facility, provided that the placement worker documents that the requirements of Section 7911.1 of the Family Code have been met, including, but not limited to, the child-specific certification of the facility by the department. (i) A community treatment facility, as defined in paragraph (8) of subdivision (a) of Section 1502 of the Health and Safety Code, and as set forth in Article 5 (commencing with Section 4094) of Chapter 3 of Part 1 of Division 4. (j) A community care facility licensed pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code and vendored by a regional center pursuant to Section 56004 of Title 17 of the California Code of Regulations, unless the facility is a group home for children with special health care needs, as defined in paragraph (2) of subdivision (a) of Section 4684.50 of this code. (k) The home of a nonrelated legal guardian or the home of a former nonrelated legal guardian if the guardianship of a child or youth who is otherwise eligible for AFDC-FC has been dismissed due to the child or youth attaining 18 years of age. (l) A dormitory or other designated housing of a postsecondary educational institution in which a minor dependent who is enrolled at the postsecondary educational institution is living independently, as described in Section 11402.7. (m) On or after April 1, 2021, a residential family-based treatment facility for substance abuse, in which an eligible child is placed with a parent in treatment, licensed pursuant to Chapter 7.5 (commencing with Section 11834.01) of Part 2 of Division 10.5 of the Health and Safety Code, and the placement and facility meets all of the requirements of subdivision (j) of Section 672 of Title 42 of the United States Code. (n) A tribally approved home, as defined in Section 224.1. (Amended by Stats. 2024, Ch. 46, Sec. 18. (AB 161) Effective July 2, 2024.)
11402.005.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. )
Verify source ↗

The State Department of Social Services must clarify certain Title IV-E foster care eligibility conditions by October 1, 2021. Both state departments may issue written guidance or other instructions to implement this section, and Health Care Services may also submit federal plan or waiver requests.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. ) ## 11402.005. (a) The Legislature finds and declares that implementation of Part IV of the federal Family First Prevention Services Act of 2018 (Public Law 115-123) affects eligibility for Title IV-E federal financial participation for certain placement settings available to children and youth in foster care in California. (b) On or before October 1, 2021, the State Department of Social Services shall clarify the conditions under which Title IV-E federal financial participation is available for each AFDC-FC eligible placement enumerated in Section 11402. (c) Notwithstanding the rulemaking provisions of 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 may implement, interpret, or make specific this section by means of all-county letters or similar written instructions from the department until regulations are adopted. These all-county letters or similar written instructions shall have the same force and effect as regulations until the adoption of regulations. (d) The State Department of Health Care Services may provide guidance on whether federal financial participation is available for Medi-Cal services that intersect with the implementation of Part IV of the federal Family First Prevention Services Act. Medi-Cal services shall only be claimed to the extent that any necessary federal approvals are obtained and medical assistance federal financial participation is available and is not otherwise jeopardized. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Health Care Services may implement, interpret, or make specific portions this act affecting the provision of Medi-Cal services by means of plan or all-county letters, information notices, plan or provider bulletins, or other similar instructions, without taking any further regulatory action. (e) The State Department of Health Care Services may submit a Medicaid state plan amendment, waiver request, or both, in order to maximize federal financial participation in implementing this section. The State Department of Health Care Services may, in submitting a Medicaid state plan amendment or waiver request, consult with the State Department of Social Services, the County Behavioral Health Directors Association of California, and the County Welfare Directors Association of California. (Added by Stats. 2021, Ch. 86, Sec. 37. (AB 153) Effective July 16, 2021.)
11402.1.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. )
Verify source ↗

This section defines “eligible for federal financial participation” and says AFDC-FC payments may not be made from state or county funds for children eligible only because of Land v. Anderson until federal financial participation is obtained.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. ) ## 11402.1. For purposes of Section 11402, “eligible for federal financial participation” means that the payment is consistent with an approved state plan under Sections 671 and following of Title 42 of the United States Code, authorizing federal financial participation in the payment. Notwithstanding any other provision of law, until and unless federal financial participation is obtained, no payment of AFDC-FC may be made from either state or county funds on behalf of a child determined to be eligible for AFDC-FC solely as a result of the decision of the California Court of Appeal in Land v. Anderson (1997) 55 Cal.App.4th 89. (Added by Stats. 1998, Ch. 329, Sec. 22. Effective August 21, 1998.)
11402.2.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. )
Verify source ↗

A county may use non-in-person methods to inspect a supervised independent living placement, temporarily approve it in 2020–21 while forms are pending, certify it once every 12 months under certain conditions, and authorize a licensed transitional housing placement provider to offer supportive services.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. ) ## 11402.2. (a) Recognizing that transitions to independence involve self-initiated changes in placements, it is the intent of the Legislature that regulations developed regarding the approval of the supervised independent living setting, as defined in subdivision (w) of Section 11400, shall ensure continuity of placement and payment while the nonminor dependent is awaiting approval of their new supervised independent living setting, in accordance with paragraph (2) of subdivision (c) of Section 1524 of the Health and Safety Code. (b) A county may elect to complete an inspection of a supervised independent living placement to ensure that it meets health and safety standards through methods other than an in-person visit, including, but not limited to, videoconferencing and telephone calls that include pictures of the living space, and may, for the 2020–21 fiscal year, temporarily approve the supervised independent living placement pending the submission of required forms by the nonminor dependent, based on the nonminor dependent’s agreement that the forms will be submitted. (c) A county may elect to certify that a supervised independent living placement meets health and safety standards once every 12 months, as long as the county has no reason to believe that the health and safety conditions of the housing option have changed. This subdivision does not require that individual placements be certified every 12 months if the same youth remains continuously in the placement. (d) A county may elect to authorize a licensed transitional housing placement provider to provide supportive services to assist the nonminor dependent in their supervised independent living setting. (Amended by Stats. 2021, Ch. 702, Sec. 4. (AB 592) Effective January 1, 2022.)
11402.4.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. )
Verify source ↗

For certain approved relative or nonrelative extended family member homes, approval stays in force while an annual quality-of-care visit is pending, and county visits cannot be less frequent than once every 24 months after a late visit.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. ) ## 11402.4. (a) Subject to the conditions set forth in subdivisions (b) and (c), and notwithstanding any other provision of law, with respect to an approved home of a relative or nonrelative extended family member for which an annual visit to ensure the quality of care provided is pending, the relative or nonrelative extended family member home’s approval shall remain in full force and effect. Payment to the relative or nonrelative extended family member provider shall not be delayed or terminated solely due to late completion of the annual visit to ensure the quality of care provided. (b) The frequency of required visits to ensure the quality of care provided shall not be less than the frequency of visits for licensed foster family homes as specified in Section 1534 of the Health and Safety Code. If late completion of an annual visit occurs, under no circumstances shall the county visit an approved home of a relative or nonrelative extended family member less than once every 24 months. (c) The frequency of required visits to ensure the quality of care provided shall be subject to state plan approval. (Amended by Stats. 2014, Ch. 29, Sec. 71. (SB 855) Effective June 20, 2014.)
11402.5.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. )
Verify source ↗

This section lets certain children in public child care institutions qualify for aid, limits payment periods, and requires county reimbursement requests and a state plan amendment in specified federal conditions.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. ) ## 11402.5. (a) The federal government has provided the state the option of including in its state plan children placed in public child care institutions. Therefore, notwithstanding Section 11402 and subject to Section 15200.5, it is the intent of the Legislature that a child who is otherwise eligible for federal financial participation in the AFDC-FC payment may be eligible for aid under the provisions of this chapter when the child is placed in a public child care institution. Payment under the provisions of this section cannot exceed 30 days, except as provided in subdivision (b). This provision is effective only if and during such federal fiscal year when no restriction, as defined by the department, on federal matching for AFDC-FC payments exists. Pursuant to this section, the county shall request reimbursement at the close of the federal fiscal year. As used in this section, “public child care institution” means a nondetention facility which has been licensed in accordance with the Community Care Facilities Act, Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, and which has a licensed capacity not exceeding 25 children. (b) When a child is hard to place, as defined in departmental regulations, and when the child is not placed in an emergency shelter, payment may be made under this section for a period not exceeding 90 days. (c) Upon notification from the federal government that the restrictions on federal matching specified in subdivision (a) do not exist, the department shall amend the state plan to authorize federal financial participation to a county or counties operating a public child care institution with a licensed capacity exceeding 25 children. (d) For purposes of subdivision (c), “public child care institution” includes only those facilities that meet all of the following requirements: (1) It is temporary shelter care facility, as defined in Section 1530.8 of the Health and Safety Code. (2) (A) Except as provided in subparagraph (B), it has a licensed capacity that does not exceed 200 children. (B) A facility in Orange County may have a licensed capacity of not more than 236 children. (Amended by Stats. 1994, Ch. 958, Sec. 1. Effective January 1, 1995.)
11402.6.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. )
Verify source ↗

This section allows certain foster-care aid and federal funding for eligible children placed in for-profit child care institutions, but only if the listed conditions are met and documented.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. ) ## 11402.6. (a) The federal government has provided the state with the option of including in its state plan children placed in a private facility operated on a for-profit basis. (b) For children for whom the county placing agency has exhausted all other placement options, notwithstanding subdivision (h) of Section 11400 and subject to Section 15200.5, a child who is otherwise eligible for federal financial participation in the AFDC-FC payment shall be eligible for aid under this chapter when the child is placed in a for-profit child care institution and meets all of the following criteria, which shall be clearly documented in the county welfare department case file: (1) The child has extraordinary and unusual special behavioral or medical needs that make the child difficult to place, including, but not limited to, being medically fragile, brittle diabetic, having severe head injuries, a dual diagnosis of mental illness and substance abuse or a dual diagnosis of developmental delay and mental illness. (2) No other comparable private nonprofit facility or public licensed residential care home exists in the state that is willing to accept placement and is capable of meeting the child’s extraordinary special needs. (3) The county placing agency has demonstrated that no other alternate placement option exists for the child. (4) The child has a developmental disability and is eligible for both federal AFDC-FC payments and for regional center services. (c) Federal financial participation shall be provided pursuant to Section 11402 for children described in subdivision (a) subject to all of the following conditions, which shall be clearly documented in the county welfare department case file. (1) The county placing agency enters into a performance-based placement agreement with the for-profit facility to ensure the facility is providing services to improve the safety, permanency, and well-being outcomes of the placed children pursuant to Section 10601.2. (2) The county placing agency will require the facility to ensure placement in the child’s community to the degree possible to enhance ongoing connections with the child’s family and to promote the establishment of lifelong connections with committed adults. (3) The county placing agency monitors and reviews the facility’s outcome performance indicators every six months. (4) In no event shall federal financial participation in this placement exceed a 12-month period. (5) Payments made under this section shall not be made on behalf of any more than five children in a county at any one time. (6) Payments made under this section shall be made pursuant to Sections 4684 and 11464, and only to a group home that is an approved vendor of a regional center. (d) This section shall be implemented only during a federal fiscal year in which the department determines that no restriction on federal matching AFDC-FC payment exists. (e) As used in this section, “child care institution” means a nondetention facility that has been licensed in accordance with the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code), and that has a licensed capacity not exceeding 25 children. (f) The county placing agency shall review and report to the juvenile court at every six-month case plan update if this placement remains appropriate and necessary and what the plan is for discharge to a less restrictive placement. (g) Notwithstanding subdivision (d) or any other provision of law, this section shall not be implemented before July 1, 2010. (h) Beginning in the 2011–12 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code. (Amended by Stats. 2012, Ch. 35, Sec. 82. (SB 1013) Effective June 27, 2012.)
11402.7.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. )
Verify source ↗

Certain eligible foster youth age 16+ may receive AFDC-FC payments directly if they meet school, housing, and placement-plan conditions.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. ) ## 11402.7. (a) Notwithstanding any other law, a minor dependent at least 16 years of age who is otherwise eligible for AFDC-FC benefits, as described in Section 11401, may be eligible to receive his or her AFDC-FC payment directly, if all of the following conditions apply: (1) The minor is enrolled in a postsecondary educational institution. (2) The minor is living independently in a dormitory or other designated housing of the postsecondary educational institution. (3) The placement is made pursuant to a supervised placement agreement and transitional independent living plan, as described in paragraph (16) of subdivision (g) of Section 16501.1. (b) A minor receiving court-ordered reunification services shall not be eligible to live independently in postsecondary educational institutional housing pursuant to this section if the court finds that the placement would impede reunification efforts. (c) Unless otherwise authorized by federal law, federal financial participation shall not be available for placements described in this section. (d) (1) It is the intent of the Legislature that payments received by a minor pursuant to subdivision (a) shall not be counted as income by any public or private postsecondary educational institution in the state for the purposes of the minor’s financial aid determination. (2) The California State University and the California Community Colleges shall not consider the payments described in subdivision (a) when determining eligibility for financial aid, as provided in Section 66021.5 of the Education Code. (Added by Stats. 2017, Ch. 710, Sec. 3. (AB 766) Effective January 1, 2018.)
11402.9.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. )
Verify source ↗

To receive AFDC-FC funding, each provider must fully disclose all financial information about its operation, including independent certification, in the form the department requires.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. ) ## 11402.9. In order to receive funding on behalf of children receiving AFDC-FC, each provider, as defined in Section 11466, shall provide a full disclosure of all financial information related to its operation, including independent certification of the information provided, in a manner and format established by the department. (Amended by Stats. 2017, Ch. 732, Sec. 61. (AB 404) Effective January 1, 2018.)
11403.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. )
Verify source ↗

This section sets eligibility and case-planning rules for nonminor dependents receiving foster care aid, including collaboration, six-month review/certification, notice, and reentry processes.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. ) ## 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 federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351), to receive federal financial participation for nonminor dependents of the juvenile court who satisfy the conditions of subdivision (b), consistent with their transitional independent living case plan. Nonminor dependents are eligible to receive support until they reach 21 years of age, consistent with their transitional independent living case plan and as described in Section 10103.5. 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 tribal placing entity 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 meet the legal authority for placement and care by being under a foster care placement order by the juvenile court, or the voluntary reentry agreement as set forth in subdivision (z) of Section 11400, and is otherwise eligible for AFDC-FC payments pursuant to Section 11401. A nonminor who satisfies the age criteria set forth in subdivision (a), and who is otherwise eligible, shall continue to receive CalWORKs payments pursuant to Section 11253, Approved Relative Caregiver Funding Program benefits pursuant to Section 11461.3, 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. A nonminor former dependent child or ward of the juvenile court who is receiving AFDC-FC benefits pursuant to Section 11405 and who satisfies the criteria set forth in subdivision (a) is eligible to continue to receive aid as long as the nonminor is otherwise eligible for AFDC-FC benefits under this subdivision. This subdivision applies 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 that 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 paragraphs (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. The requirement to update the case plan under this section does not apply to nonminor former dependents or wards in receipt of Kin-GAP program or Adoption Assistance Program payments. (c) The county child welfare or probation department, Indian tribe, consortium of tribes, or tribal organization that has entered into an agreement pursuant to Section 10553.1, shall work together with a nonminor dependent who is in foster care on the nonminor dependent’s 18th birthday and thereafter or a nonminor former dependent receiving aid pursuant to Section 11405, to satisfy 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 tribal entity shall verify and obtain assurances that the nonminor dependent continues to satisfy 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 nonminor former dependent receiving aid pursuant to subdivision (e) of 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 their 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, their counsel, as applicable, and the placing worker, in addition to any other payee. Payments of 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, or aid pursuant to subdivision (e) of Section 11405 that are made on behalf of a nonminor former dependent shall terminate subject to the terms of the agreements. Subject to federal approval of amendments to the state plan, aid payments may be suspended and resumed based on changes of circumstances that affect eligibility. Nonminor former dependents, as identified in paragraph (2) of subdivision (aa) of Section 11400, are not eligible for reentry under subdivision (e) of Section 388 as nonminor dependents under the jurisdiction of the juvenile court, but may be eligible for reentry pursuant to Section 388.1 if (1) the nonminor former dependent was receiving or, but for the receipt of Supplemental Security Income benefits or other aid from the federal Social Security Administration, would have received aid under either Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) or AFDC-FC pursuant to subdivision (e) of Section 11405, or the nonminor was receiving adoption assistance payments, as specified in Chapter 2.1 (commencing with Section 16115) of Part 4, and (2) the nonminor’s former guardian or adoptive parent dies, or no longer provides ongoing support to, and no longer receives benefits on behalf of, the nonminor after the nonminor turns 18 years of age, but before the nonminor turns 21 years of age. Nonminor former dependents requesting the resumption of AFDC-FC payments pursuant to subdivision (e) of Section 11405 shall complete the applicable portions of the voluntary reentry agreement, as described in subdivision (z) of Section 11400. (d) A nonminor dependent may receive all of the payment directly provided that the nonminor is living independently in a supervised placement, as described in subdivision (w) of Section 11400, 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 independent living case plan. (e) Eligibility for aid under this section shall not terminate until the nonminor dependent attains the age criteria, as set forth in subdivision (a), but aid may be suspended when the nonminor dependent no longer resides in an eligible facility, as described in Section 11402, or is otherwise not eligible for AFDC-FC benefits under Section 11401, or terminated at the request of the nonminor, or after a court terminates dependency jurisdiction pursuant to Section 391, delinquency jurisdiction pursuant to Section 607.2, or transition jurisdiction pursuant to Section 452. AFDC-FC benefits to nonminor dependents may be resumed at the request of the nonminor by completing a voluntary reentry agreement pursuant to subdivision (z) of Section 11400, before or after the filing of a petition filed pursuant to subdivision (e) of Section 388 after a court terminates dependency or transitional jurisdiction pursuant to Section 391 or delinquency jurisdiction pursuant to Section 607.2. The county welfare or probation department or Indian tribal entity that has entered into an agreement pursuant to Section 10553.1 shall complete the voluntary reentry agreement with the nonminor who agrees to satisfy the criteria of the agreement, as described in subdivision (z) of Section 11400. The county welfare department or tribal entity shall establish a new child-only Title IV-E eligibility determination based on the nonminor’s completion of the voluntary reentry agreement pursuant to Section 11401. Pursuant to Section 11401 and subdivision (g), state AFDC-FC benefits are available if all other criteria are met, if the nonminor is determined ineligible for federal financial participation under subdivision (g) of Section 11401. The beginning date of aid for either federal or state AFDC-FC for a reentering nonminor who is placed in foster care is the date the voluntary reentry agreement is signed or the nonminor is placed, whichever is later. The county welfare department, county probation department, or tribal entity 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 former dependents receiving aid pursuant to subdivision (e) of 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 nonminor dependent’s transitional independent living case plan. Placements made out of state are subject to the applicable 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, county probation department, or tribal entity 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) 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 pay the nonfederal share of 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, aid pursuant to Kin-GAP under 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). A county shall contribute to the CalWORKs payments pursuant to Section 11253 and aid pursuant to Kin-GAP under Article 4.5 (commencing with Section 11360) at the statutory sharing ratios in effect on January 1, 2012. (2) Subject to paragraph (3), a county shall pay the nonfederal share of 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. 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) (A) (i) Notwithstanding any other law, a county’s required total contribution pursuant to paragraphs (1) and (2), excluding costs incurred pursuant to Section 10103.5, shall not exceed the amount of 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), and the amount of funding specifically included in the Protective Services Subaccount within the Support Services Account within the Local Revenue Fund 2011, plus any associated growth funding from the Support Services Growth Subaccount within the Sales and Use Tax Growth Account to pay the costs of extending aid pursuant to this section. (ii) A county, at its own discretion, may expend additional funds beyond the amounts identified in clause (i). These additional amounts shall not be included in any cost and savings calculations or comparisons performed pursuant to this section. (B) Beginning in the 2011–12 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code. In addition, the following are available to the counties for the purpose of funding costs pursuant to this section: (i) The savings in Kin-GAP assistance grant expenditures realized from the receipt of federal funds due to the implementation of Article 4.7 (commencing with Section 11385). (ii) The savings realized from the change in federal funding for adoption assistance resulting from the enactment of Public Law 110-351 and consistent with subdivision (d) of Section 16118. (4) (A) The limit on the county’s total contribution pursuant to paragraph (3) shall be assessed by the State Department of Social Services, in conjunction with the California State Association of Counties, in 2015–16, to determine if it shall be removed. The assessment of the need for the limit shall be based on a determination on a statewide basis of whether the actual county costs of providing extended care pursuant to this section, excluding costs incurred pursuant to Section 10103.5, are fully funded by the amount of savings in Kin-GAP assistance grant expenditures realized by the counties from the receipt of federal funds due to the implementation of Article 4.7 (commencing with Section 11385) and the amount of funding specifically included in the Protective Services Subaccount within the Support Services Account within the Local Revenue Fund 2011 plus any associated growth funding from the Support Services Growth Subaccount within the Sales and Use Tax Growth Account to pay the costs of extending aid pursuant to this section. (B) If the assessment pursuant to subparagraph (A) shows that the statewide total costs of extending aid pursuant to this section, excluding costs incurred pursuant to Section 10103.5, are fully funded by the amount of savings in Kin-GAP assistance grant expenditures realized by the counties from the receipt of federal funds due to the implementation of Article 4.7 (commencing with Section 11385) and the amount of funding specifically included in the Protective Services Subaccount within the Support Services Account within the Local Revenue Fund 2011 plus any associated growth funding from the Support Services Growth Subaccount within the Sales and Use Tax Growth Account to pay the costs of extending aid pursuant to this section, the Department of Finance shall certify that fact, in writing, and shall post the certification on its internet website, at which time subparagraph (A) of paragraph (3) shall no longer be implemented. (h) It is the intent of the Legislature that a county currently participating in the Child Welfare Demonstration Capped Allocation Project not 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 federal 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, 2013, 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 of California, 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 statewide child welfare information system 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 federal 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 the nonminor’s 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 are 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 are 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. (Amended by Stats. 2024, Ch. 237, Sec. 3. (AB 2477) Effective January 1, 2025.)
11403.01.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. )
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Some nonminor Kin-GAP recipients may keep getting aid after age 18 if they meet the education, residence, eligibility, and agreement conditions.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. ) ## 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 those articles, 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 the relative’s home, 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 related guardianship 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. (Added by Stats. 2011, Ch. 459, Sec. 35. (AB 212) Effective October 4, 2011.)
11403.05.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. )
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The department must put specified voter-registration information on certain Independent Living Program materials and websites. A county social worker may give a voter registration form to a child age 16 or older or a nonminor dependent when providing one of those forms. The department may also use all-county letters or similar instructions to explain the section.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. ) ## 11403.05. (a) The department shall include all of the following on a flyer for the Independent Living Program created by the department, the form used for a nonminor dependent to enter into a mutual agreement described in subdivision (u) of Section 11400, the form used for a nonminor dependent to enter into a voluntary reentry agreement described in subdivision (z) of Section 11400, the form used to create a transitional independent living plan described in paragraph (16) of subdivision (g) of Section 16501.1, the department’s Internet Web site for the Independent Living Program, and the Office of the State Foster Care Ombudsperson’s Internet Web site: (1) The voter registration page on the Secretary of State’s Internet Web site. (2) The toll-free telephone number maintained by the Secretary of State that contains election-related information. (3) The email address of the Secretary of State. (b) A county social worker may provide a voter registration form to a child 16 years of age or older or a nonminor dependent concurrent with the provision of a form identified in subdivision (a). (c) Notwithstanding the rulemaking provisions of 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 may implement, interpret, or make specific this section by means of an all-county letter or similar instructions, without taking any regulatory action. (Amended by Stats. 2018, Ch. 92, Sec. 232. (SB 1289) Effective January 1, 2019.)
11403.1.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. )
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Counties that choose to participate may provide STEP support to eligible emancipated foster youth, subject to age, education/training, and county-participation conditions.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. ) ## 11403.1. (a) (1) The Legislature finds and declares that former foster youth are a vulnerable population at risk of homelessness, unemployment, welfare dependency, incarceration, and other adverse outcomes if they exit the foster care system unprepared to become self-sufficient. Unlike many young individuals 18 years of age who can depend on family for ongoing support while they complete postsecondary education or develop career opportunities, emancipating foster youth have their primary source of support, AFDC-Foster Care payments, terminated at 18 years of age and are then dependent on their own resources for self-support. Some foster youth are not able to complete high school or other education or training programs due to ongoing trauma from the parental abuse or neglect and gaps in their educational attainment stemming from the original removal and subsequent changes in placement. (2) Completion of an educational or training program is an essential, minimum skill needed by foster youth in order to be competitive in today’s economy. (3) It is therefore the intent of the Legislature to create, for counties that opt to participate, the Supportive Transitional Emancipation Program (STEP) in which emancipated foster youth may receive support while participating in an educational or training program, or any activity consistent with their transitional independent living plan up to 21 years of age. (b) Should a county elect to provide this program, a person who meets all of the following conditions shall be considered eligible for this program: (1) The person either was in foster care and emancipated upon reaching the age limitations specified in Section 11401 or received aid pursuant to Kin-GAP under Article 4.5 (commencing with Section 11360) and emancipated upon reaching the age limitations specified in Section 11363. (2) The person is participating in an educational or training program, or any activity consistent with his or her transitional independent living plan. (3) The person is under 21 years of age. (4) The person has emancipated from a county that is participating in the STEP program. (c) Aid under this section may be provided pursuant to a transitional independent living plan mutually agreed upon by the emancipated foster youth and the county welfare or probation department or independent living program coordinator. The youth participating in STEP has the responsibility to inform the county of changes to the conditions in the agreed-upon plan that affect payment of aid, including changes in address, living circumstances, and the educational or training program. (d) For purposes of this section, “emancipated foster youth” means a person who meets the eligibility criteria in subdivision (b). (e) (1) In determining the amount of aid under this section, the rate provided to the youth shall be equivalent to the basic rate provided pursuant to subdivision (g) of Section 11461. (2) If the emancipated youth remains in placement, payment shall be made to the care provider, including a Transitional Housing Program-Plus provider, at a rate equivalent to the basic rate provided pursuant to subdivision (g) of Section 11461. (f) Unless otherwise provided by federal law, receipt of aid under this section shall not be considered income either for purposes of eligibility for services provided in other federal or state programs, or for grants that may be provided by an institution of higher education, including, but not limited to, Cal Grants or other grants or fee waivers. (g) (1) Aid under this section shall be provided to eligible youth who have emancipated from a county that elects to participate under this section. (2) Each participating county welfare department shall notify all foster youth in that county, including those receiving Kin-GAP, ages 16 to 19 years of age, inclusive, of the existence of the program prescribed by this section. (h) The department shall seek any federal funds available for implementation of this section, including, but not limited to, funds available under Title IV of the Social Security Act (42 U.S.C. Sec. 601 et seq.). Implementation of this section shall not, however, be contingent upon receipt of any federal funding. The department shall seek any waiver from the Secretary of the United States Department of Health and Human Services that is necessary to implement this section. (i) Beginning in the 2011–12 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code. (Amended by Stats. 2017, Ch. 732, Sec. 62. (AB 404) Effective January 1, 2018.)
11403.2.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. )
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This section says which foster youth are eligible for transitional housing and sets related participation and reporting duties.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. ) ## 11403.2. (a) The following persons are eligible for transitional housing provided pursuant to Article 4 (commencing with Section 16522) of Chapter 5 of Part 4: (1) A foster child at least 16 years of age and not more than 18 years of age, and, on or after January 1, 2012, any nonminor dependent, as defined in subdivision (v) of Section 11400, who is eligible for AFDC-FC benefits as described in Section 11401. A foster child under 18 years of age shall be eligible for placement in the program certified as a “Transitional Housing Placement program for minor foster children” pursuant to paragraph (1) of subdivision (a) of Section 16522.1. A nonminor dependent shall be eligible for placement in the program certified as a “Transitional Housing Placement program for nonminor dependents” pursuant to paragraph (2) of subdivision (a) of Section 16522.1. (2) A former foster youth as defined in paragraph (2) of subdivision (c) of Section 50807 of the Health and Safety Code, who is 18 to 24 years of age, inclusive, who has exited from the foster care system on or after their 18th birthday and elects to participate in Transitional Housing Program-Plus, as defined in subdivision (s) of Section 11400, if the former foster youth has not received services under this paragraph for more than a total of 36 months, whether or not consecutive. If the person participating in a Transitional Housing Program-Plus is not receiving aid under Section 11403.1, they, as a condition of participation, shall enter into, and execute the provisions of, a transitional independent living plan that shall be mutually agreed upon, and annually reviewed, by the former foster youth and the applicable county welfare or probation department or independent living program coordinator. The person participating under this paragraph shall inform the county of any changes to conditions specified in the agreed-upon plan that affect eligibility, including changes in address, living circumstances, and the educational or training program. (b) Payment on behalf of an eligible person receiving transitional housing services pursuant to paragraph (1) of subdivision (a) shall be made to the transitional housing placement provider pursuant to the conditions and limitations set forth in Section 11403.3. Notwithstanding Section 11403.3, the department, in consultation with concerned stakeholders, including, but not limited to, representatives of the Legislature, the County Welfare Directors Association of California, 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, researchers, and transitional housing placement providers, shall convene a workgroup to establish a new rate structure for the Title IV-E funded Transitional Housing Placement program for nonminor dependents placement option for nonminor dependents. The workgroup shall also consider application of this new rate structure to the Transitional Housing Program-Plus, as described in paragraph (2) of subdivision (a) of Section 11403.3. In developing the new rate structure pursuant to this subdivision, the department shall consider the average rates in effect and being paid by counties to current transitional housing placement providers. (c) The Legislature finds and declares that this subdivision was added in 2015 to clearly codify the requirement of existing law regarding the payment made on behalf of an eligible person receiving transitional housing services. The workgroup described in subdivision (b) recommended, and the department subsequently implemented, an annual adjustment to the payment made on behalf of an eligible person receiving transitional housing services. This annual adjustment has been, and shall continue to be, equal to the California Necessities Index applicable to each fiscal year. The Legislature hereby declares that its intent remains in making this annual adjustment to support the care and supervision, including needed services and supports, for nonminor dependents who are receiving transitional housing services through the Transitional Housing Placement program for nonminor dependents. (Amended by Stats. 2022, Ch. 50, Sec. 45. (SB 187) Effective June 30, 2022.)
11403.3.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. )
Verify source ↗

This section sets payment rates for transitional housing placement providers and requires the department to maintain the related rate-setting system.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. ) ## 11403.3. (a) Subject to subdivision (b), a transitional housing placement provider, as defined in subdivision (r) of Section 11400, that provides transitional housing services to eligible foster children, as defined by Section 475 of Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 675(8)), and nonminor dependents, as defined by subdivision (v) of Section 11400, in a facility licensed pursuant to Section 1559.110 of the Health and Safety Code, shall be paid as follows: (1) For a program serving foster children who are at least 16 years of age and not more than 18 years of age, a monthly rate that is 75 percent of the average foster care expenditures for foster children 16 to 18 years of age, inclusive, in group home care in the county in which the program operates. (2) For a program serving nonminor dependents, the rate structure established pursuant to subdivision (b) of Section 11403.2. (b) Payment to a transitional housing placement provider for transitional housing services provided to a person described in subdivision (a) of Section 11403.2 shall be subject to the following conditions: (1) An amount equal to the base rate, as defined in subdivision (c), shall be paid for transitional housing services provided. (2) Any additional amount payable pursuant to subdivision (a) shall be contingent on the election by the county placing the youth in the transitional housing placement program to participate in the costs of the additional amount, pursuant to subdivision (f). (c) (1) As used in this section, “base rate” means the rate a transitional housing placement provider was approved to receive on June 30, 2001. If a program commences operation after this date, the base rate shall be the rate the program would have received if it had been operational on June 30, 2001. (2) Notwithstanding subdivision (a), a transitional housing placement provider with an approved rate on July 1, 2001, shall not receive a lower rate than its base rate. (d) Any reductions in payments to a transitional housing placement provider pursuant to the implementation of paragraph (2) of subdivision (b) shall not preclude the program from acquiring from other sources, additional funding necessary to provide program services. (e) The department shall develop, implement, and maintain a ratesetting system schedule for transitional housing placement providers pursuant to subdivisions (a) to (c), inclusive. (f) (1) Funding for the rates payable under this section for persons described in paragraph (1) of subdivision (a) of Section 11403.2, prior to the 2011–12 fiscal year, shall be subject to a sharing ratio of 40 percent state and 60 percent county share of nonfederal funds. (2) Funding for the rates payable under this section for persons described in paragraph (2) of subdivision (a) of Section 11403.2, prior to the 2011–12 fiscal year, shall be subject to a sharing ratio of 100 percent state and 0 percent county funds. (3) Notwithstanding paragraphs (1) and (2), beginning in the 2011–12 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code. (g) The department shall develop, implement, and maintain a ratesetting methodology and rate schedule for providers identified in paragraph (1) of subdivision (a) by December 31, 2019. Until a new rate schedule is implemented, the rates shall be based on the rates in existence on December 31, 2017, plus the annual adjustment described in subdivision (c) of Section 11403.2. (h) (1) Subject to an appropriation in the annual Budget Act for this purpose, the rate paid to a transitional housing placement provider serving nonminor dependents shall be supplemented with a housing supplement, which shall be calculated by the department as follows: (A) For nonminor dependents who are custodial parents, the difference between the fair market rent for a one-bedroom apartment in the county in which the nonminor dependent resides and 21.45 percent of the rate established pursuant to subdivision (b) of Section 11403.2. (B) For nonminor dependents who are not custodial parents, the difference between one-half of the fair market rent for a two-bedroom apartment in the county in which the nonminor resides and 21.45 percent of the rate established pursuant to subdivision (b) of Section 11403.2. (2) Notwithstanding the rulemaking provisions of 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 State Department of Social Services shall annually calculate the housing supplement described in this subdivision and shall inform county welfare agencies by November 1 of each year of the amount of the supplement by means of all-county letters or similar written instructions. These all-county letters or similar instructions shall have the same force and effect as regulations. (3) A county shall not receive less than the rate established pursuant to subdivision (h). (4) For purposes of this subdivision, “fair market rent” means the rent calculated for the fair market rent system developed by the United States Department of Housing and Urban Development for use in determining the allowable rent level for individuals who participate in the Housing Choice Voucher program, and that includes the cost of housing and utilities, except for telephone, cable, and internet, and is calculated annually for each county and released at the start of each fiscal year by the United States Department of Housing and Urban Development. (5) (A) The department shall work with the County Welfare Directors Association of California and the Statewide Automated Welfare System (CalSAWS) to develop and implement the necessary system changes to implement the housing supplement provided pursuant to paragraph (1). (B) (i) This supplement shall begin on July 1, 2021, for the counties utilizing the CalWIN system, or when the department notifies the Legislature that CalWIN can perform the necessary automation to implement it, whichever is later. (ii) This supplement shall begin on September 1, 2022, for the counties utilizing the CalSAWS system, or when the department notifies the Legislature that CalSAWS can perform the necessary automation to implement it, whichever is later. (Amended by Stats. 2021, Ch. 86, Sec. 38. (AB 153) Effective July 16, 2021.)
11404.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. )
Verify source ↗

A child is generally not eligible for AFDC-FC unless placement and care responsibility is with a listed public agency or adoption agency. The responsible agency must complete several foster-care support steps, including documentation, an assessment, a case plan, and service planning.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. ) ## 11404. (a) Except as provided in Section 11405, a child is not eligible for AFDC-FC unless responsibility for placement and care of the child is with the county welfare department or Indian tribe that entered into an agreement pursuant to Section 10553.1, the county probation department which has an agreement with the county welfare department, or a licensed public adoption agency, licensed private adoption agency, or the department. (b) In order for the child to be eligible for AFDC-FC, the agency with responsibility for the child’s placement and care shall, in accordance with departmental regulations do all of the following: (1) For children removed after October 1, 1983, document that it provided preplacement preventive services to the child prior to the child’s placement in foster care, and document why provisions of these services were not successful in maintaining the child in his or her home, unless it is documented that these services were not provided due to either of the following: (A) The voluntary relinquishment of the child by one or both parents or court action declaring a child free from the custody and control of one or both parents. (B) The child’s residence with a nonrelated legal guardian. (2) Develop a written assessment of the reasons necessitating the child’s placement in foster care and the treatment needs of the child while in foster care to be updated by the agency no less frequently than once every six months. Where the child is a parent who has a child living with him or her in the same eligible facility, the assessment shall also address the needs of his or her child. (3) Develop a case plan for the child within a maximum of 60 days of placement. (4) Ensure that services are provided to return the child to his or her own home or establish an alternative permanent placement for the child if returning home is not possible or is inappropriate. (Amended by Stats. 2005, Ch. 22, Sec. 222. Effective January 1, 2006.)
11404.1.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. )
Verify source ↗

A child eligible for AFDC-FC must get periodic reviews every 6 months, a permanency hearing within 12 months of entering foster care, and ongoing permanency planning hearings at least yearly, unless the child lives with a nonrelated legal guardian.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. ) ## 11404.1. In order to be eligible for AFDC-FC, the child shall receive a periodic review no less frequently than once every six months and a permanency hearing within 12 months after the date the child entered foster care, pursuant to Section 361.49. The child shall also receive permanency planning hearings periodically, but no less frequently than once each 12 months thereafter, as required by subdivision (d) of Section 366.3 throughout the period of foster care placement. Periodic reviews and permanency planning hearings shall not be required for a child who is residing with a nonrelated legal guardian. (Amended by Stats. 2009, Ch. 120, Sec. 5. Effective August 6, 2009.)
11404.2.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. )
Verify source ↗

A relative caretaker who applies to adopt a child may keep receiving foster care payments after parental rights are ended, until the adoption is finalized or the adoption application is denied.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. ) ## 11404.2. When a child qualified for federal financial participation under the AFDC-FC program is residing with a relative caretaker and the relative caretaker makes application to adopt the child, the relative caretaker shall, notwithstanding state law or regulations, continue to be eligible for foster care payments for the period after the child’s parents’ rights have been terminated, either by relinquishment or by an action of the juvenile court, and until the adoption of the child is finalized. This payment shall be terminated upon either finalization of the adoption or denial of the adoption application. (Added by Stats. 1995, Ch. 418, Sec. 1. Effective January 1, 1996.)
11405.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. )
Verify source ↗

This section says AFDC-FC benefits must be paid to an otherwise eligible child living with a nonrelated legal guardian, and the guardian and county welfare department have specific assessment, case-plan, and visit duties.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. ) ## 11405. (a) Except for nonminors described in paragraph (2) of subdivision (e), AFDC-FC benefits shall be paid to an otherwise eligible child living with a nonrelated legal guardian, provided that the legal guardian cooperates with the county welfare department in all of the following: (1) Developing a written assessment of the child’s needs. (2) Updating the assessment no less frequently than once every six months. (3) Carrying out the case plan developed by the county. (b) Except for nonminors described in paragraph (2) of subdivision (e), when AFDC-FC is applied for on behalf of a child living with a nonrelated legal guardian the county welfare department shall do all of the following: (1) Develop a written assessment of the child’s needs. (2) Update those assessments no less frequently than once every six months. (3) Develop a case plan that specifies how the problems identified in the assessment are to be addressed. (4) Make visits to the child as often as appropriate, but in no event less often than once every six months. (c) Where the child is a parent and has a child living with them in the same eligible facility, the assessment required by paragraph (1) of subdivision (a) shall include the needs of their child. (d) Nonrelated legal guardians of eligible children who are in receipt of AFDC-FC payments described in this section shall be exempt from the requirement to register with the Statewide Registry of Private Professional Guardians pursuant to former Sections 2850 and 2851 of the Probate Code. (e) (1) On and after January 1, 2012, a nonminor youth whose nonrelated guardianship was ordered in juvenile court pursuant to Section 360 or 366.26, and whose dependency was dismissed, shall remain eligible for AFDC-FC benefits until the youth attains 19 years of age, effective January 1, 2013, until the youth attains 20 years of age, and effective January 1, 2014, until the youth attains 21 years of age, provided that the youth enters into a mutual agreement with the agency responsible for their guardianship, and the youth is meeting the conditions of eligibility, as described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403. (2) A nonminor former dependent or ward, as defined in paragraph (2) of subdivision (aa) of Section 11400, shall be eligible for benefits under this section until the youth attains 21 years of age if all of the following conditions are met: (A) The nonminor former dependent or ward attained 18 years of age while in receipt of Kin-GAP benefits pursuant to Article 4.7 (commencing with Section 11385). (B) The nonminor’s relationship to the kinship guardian is defined in paragraph (2), (3), or (4) of subdivision (c) of Section 11391. (C) The nonminor was under 16 years of age at the time the Kin-GAP negotiated agreement payments commenced. (D) The guardian continues to be responsible for the support of the nonminor. (E) The nonminor otherwise is meeting the conditions of eligibility, as described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403. (f) On or after January 1, 2012, a child whose nonrelated guardianship was ordered in probate court pursuant Article 2 (commencing with Section 1510) of Chapter 1 of Part 2 of Division 4 of the Probate Code, who is attending high school or the equivalent level of vocational or technical training on a full-time basis, or who is in the process of pursuing a high school equivalency certificate before their 18th birthday may continue to receive aid following their 18th birthday as long as the child continues to reside in the guardian’s home, remains otherwise eligible for AFDC-FC benefits 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 their 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. (g) (1) For cases in which a guardianship was established on or before June 30, 2011, or the date specified in a final order, for which the time for appeal has passed, issued by a court of competent jurisdiction in California State Foster Parent Association, et al. v. William Lightbourne, et al. (U.S. Dist. Ct. No. C 07-05086 WHA), whichever is earlier, the AFDC-FC payment described in this section shall be the foster family home rate structure in effect before the effective date specified in the order described in this paragraph. (2) For cases in which guardianship has been established on or after July 1, 2011, or the date specified in the order described in paragraph (1), whichever is earlier, and through December 31, 2016, the AFDC-FC payments described in this section shall be the basic foster family home rate structure effective and available as of December 31, 2016. (3) For cases in which guardianship has been established by the juvenile court on or after January 1, 2017, and before July 1, 2027, or the effective date specified in paragraph (9) of subdivision (h) of Section 11461, the AFDC-FC payments described in this section shall not exceed the home-based family care rate structure developed pursuant to subdivision (g) of Section 11461 and Section 11463. (4) (A) For cases in which guardianship has been established by the juvenile court on and after the date specified in paragraph (9) of subdivision (h) of Section 11461, the rate paid shall not exceed Tier 1 of the Care and Supervision component of the Tiered Rate Structure, as described in subdivision (h) of Section 11461, unless the conditions of subparagraph (B) apply. (B) Notwithstanding subparagraph (A), the rate paid may exceed Tier 1, but shall not exceed Tier 2, of the Care and Supervision component of the Tiered Rate Structure, as described in subdivision (h) of Section 11461, under specific conditions established by the department and based on the assessed needs of the child. (5) For cases in which guardianship has been established in the probate court on or after January 1, 2017, the AFDC-FC payments described in this section shall not exceed the basic level rate of the home-based family care rate structure in effect on June 30, 2027. (6) Beginning with the 2011–12 fiscal year, the AFDC-FC payments identified in this subdivision shall be adjusted annually by the percentage change in the California Necessities Index rate as set forth in paragraph (2) of subdivision (g) of Section 11461. (h) In addition to the AFDC-FC rate paid, all of the following also shall be paid: (1) A specialized care increment, if applicable, as set forth in subdivision (e) of Section 11461. (2) A clothing allowance, as set forth in subdivision (f) of Section 11461. (3) For a child eligible for an AFDC-FC payment who is a teen parent, the rate shall include the two-hundred-dollar ($200) monthly payment made to the relative caregiver in a whole family foster home pursuant to paragraph (3) of subdivision (d) of Section 11465. (Amended by Stats. 2024, Ch. 46, Sec. 19. (AB 161) Effective July 2, 2024.)
11406.5.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. )
Verify source ↗

A refugee required to participate in a qualifying alternative project is not eligible for benefits under this chapter.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. ) ## 11406.5. A refugee who is eligible for, and is required to participate in, an alternative project implemented pursuant to Section 412(e)(7) of the federal Immigration and Nationality Act (Section 1522(e)(7) of Title 8 of the United States Code), shall not be eligible for benefits under this chapter. This section shall apply only when an alternative project uses payment levels for project participants that are substantially equal to payment levels in effect for persons receiving aid under this chapter, with respect to both cash and in-kind payments, and if the assistance provided to the alternative project participant is considered a grant rather than a loan. (Added by Stats. 1992, Ch. 1311, Sec. 2. Effective September 30, 1992.)
11407.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. )
Verify source ↗

When federal law provides funds for a child receiving aid under Section 11450(b), the department must adopt regulations needed for California to qualify for those federal funds.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. ) ## 11407. If, when and during such times as the federal statutes provide federal funds for any child who is granted aid pursuant to subsection (b) of Section 11450, the department shall establish such regulations as are necessary for this state to qualify for any federal funds available. (Added by renumbering Section 11400 by Stats. 1980, Ch. 1166, Sec. 8.)
11408.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. )
Verify source ↗

County foster care aid claims must be filed separately from other claims, and the department sets the filing time and manner.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. ) ## 11408. County claims for aid to needy children placed in foster care, as defined by the rules and regulations of the department, shall be filed separately and distinct from other claims and shall be filed for aid furnished by the county at times and in the manner prescribed by the department. Payments for such children may be made subsequent to the furnishing of care and support to needy children in foster care. Payments may be made at the end of each month for the needy children maintained in foster care during the month. (Added by renumbering Section 11402 by Stats. 1980, Ch. 1166, Sec. 14.)
11409.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. )
Verify source ↗

The department must set specific numeric goals for children receiving AFDC-FC payments who have been in foster care for two years or more, if federal law requires it.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. ) ## 11409. To the extent required by federal law, the department shall establish specific numeric goals for the number of children receiving AFDC-FC payments who have been in foster care two years or longer. (Added by Stats. 1982, Ch. 977, Sec. 10. Effective September 13, 1982. Operative October 1, 1982, by Sec. 36 of Ch. 977.)
11410.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. )
Verify source ↗

The department must amend the foster care state plan so certain counties can use federal matching funds for subsidized child care for foster parents.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 5. Aid to Families With Dependent Children—Foster Care [11400 - 11410] ( Heading of Article 5 amended by Stats. 1980, Ch. 1166, Sec. 7. ) ## 11410. (a) The department shall amend the foster care state plan required under Subtitle IV-E (commencing with Section 470) of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.), to authorize counties that elect to subsidize child care for foster parents to use federal matching funds under Subtitle IV-E for that purpose. (b) When approved by the federal government, counties electing to administer the Foster Parent Child Care Program shall follow the guidelines developed by the State Department of Social Services. (c) Federal funds used by a county pursuant to this section shall be matched only by county funds pursuant to Section 15200.5. (Added by Stats. 2004, Ch. 845, Sec. 1. Effective September 28, 2004.)
11450.01.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

The department must seek federal approval to make an additional 1.3% reduction in certain maximum aid payments, and the section states a 4.5% reduction beginning October 1, 1992.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11450.01. (a) Notwithstanding any other provision of law, commencing October 1, 1992, the maximum aid payments specified in paragraph (1) of subdivision (a) of Section 11450 in effect on July 1, 1992, shall be reduced by 4.5 percent. (b) (1) The department shall seek the approval from the United States Department of Health and Human Services that is necessary to reduce the maximum aid payments specified in subdivision (a) by an additional amount equal to 1.3 percent of the maximum aid payments specified in paragraph (1) of subdivision (a) of Section 11450 in effect on July 1, 1992. (2) The reduction provided by this subdivision shall be made on the first day of the month following 30 days after the date of approval by the United States Department of Health and Human Services. (Amended by Stats. 1996, Ch. 206, Sec. 3. Effective July 22, 1996.)
11450.015.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

Maximum aid payments are reduced by 2.7% starting the first day of the month after 60 days from enactment.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11450.015. Notwithstanding any other provision of law, the maximum aid payments in effect on June 30, 1993, in accordance with paragraph (1) of subdivision (a) of Section 11450 as reduced by subdivisions (a) and (b) of Section 11450.01, shall be reduced by 2.7 percent beginning the first of the month following 60 days after the enactment of this section. (Amended by Stats. 1996, Ch. 206, Sec. 4. Effective July 22, 1996.)
11450.017.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

The maximum aid payment is reduced by 2.3% starting on the first day of the month after 50 days from this section’s effective date.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11450.017. Notwithstanding any other provision of law, the maximum aid payment in effect on June 30, 1994, in accordance with paragraph (1) of subdivision (a) of Section 11450 as reduced by subdivisions (a) and (b) of Section 11450.01 and Section 11450.015, shall be reduced by 2.3 percent beginning the first of the month following 50 days after the effective date of this section. (Amended by Stats. 1996, Ch. 206, Sec. 5. Effective July 22, 1996.)
11450.018.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

This section reduces certain maximum aid payments by 4.9% in the specified cases and requires the director to get a federal waiver before implementing the reductions.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11450.018. (a) Notwithstanding any other provision of law, the maximum aid payment in accordance with paragraph (1) of subdivision (a) of Section 11450 as reduced by subdivisions (a) and (b) of Section 11450.01, Section 11450.015, and Section 11450.017, shall be reduced by 4.9 percent for counties in Region 2, as specified in Section 11452.018. (b) Notwithstanding any other provision of law, through October 31, 1998, the maximum aid payment in accordance with paragraph (1) of subdivision (a) of Section 11450, as reduced by subdivision (a) and (b) of Section 11450.01, Section 11450.015, Section 11450.017, and subdivision (a) shall be reduced by 4.9 percent. (c) Prior to implementing the reductions specified in subdivisions (a) and (b), the director shall apply for and obtain a waiver from the United States Department of Health and Human Services of Section 1396a(c)(1) of Title 42 of the United States Code. The reduction shall be implemented to the extent the waiver is granted and only so long as the waiver is effective. This subdivision shall not apply if either the federal waiver process set forth at Section 1315 of Title 42 of the United States Code or Section 1396a(c) is repealed or modified such that a waiver is not necessary to implement subdivision (a) or (b). (d) This section shall become operative and the reductions specified in subdivisions (a) and (b) shall commence on the first day of the month following 30 days after the receipt of federal approval or on the first day of the month following 30 days after a change in federal law that allows states to reduce aid payments without any risk to federal funding under Title XIX of the Social Security Act, whichever is earlier, but no earlier than October 1, 1995. (Amended by Stats. 1997, Ch. 270, Sec. 132. Effective August 11, 1997. Amending action operative August 18, 1997, pursuant to Secs. 183 and 187 of Ch. 270. Section conditionally operative as provided in subd. (d).)
11450.019.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

Certain reductions in maximum aid payments do not apply when specified parents or caretaker relatives in the home meet listed conditions.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11450.019. Effective the first day of the month following 90 days after a change in federal law that allows states to reduce aid payments without any risk to federal funding under Title XIX of the Social Security Act contained in Subchapter XIX (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code, the reductions in maximum aid payments specified in Sections 11450.01, 11450.015, and 11450.017 shall not be applied when all of the parents or caretaker relatives of the aided child living in the home of the aided child meet one of the following conditions: (a) The individual is disabled and receiving benefits under Section 12200 or 12300. (b) The individual is a nonparent caretaker who is not included in the assistance unit with the child. (c) The individual is disabled and is receiving State Disability Insurance benefits or Worker’s Compensation Temporary Disability benefits. (Amended by Stats. 2006, Ch. 538, Sec. 702. Effective January 1, 2007.)
11450.02.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

The section reduces maximum aid payments by 4% starting July 1, 2009, and then reduces them by 8% effective on the later of June 1, 2011 or the first month after 90 days from the adding act’s effective date.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11450.02. (a) Notwithstanding any other provision of law, commencing July 1, 2009, the maximum aid payments in effect September 1, 2007, as specified in paragraph (1) of subdivision (a) of Section 11450, shall be reduced by 4 percent. (b) Notwithstanding any other law, the maximum aid payments in effect on July 1, 2009, as specified in subdivision (a), shall be reduced by 8 percent, effective on June 1, 2011, or on the first day of the first month following 90 days after the effective date of the act that added this subdivision, whichever is later. (Amended by Stats. 2011, Ch. 8, Sec. 21. (SB 72) Effective March 24, 2011.)
11450.021.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

The maximum aid payments under Section 11450 are increased by 10% starting April 1, 2019.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11450.021. (a) Notwithstanding any other law, effective April 1, 2019, the maximum aid payments pursuant to paragraph (1) of subdivision (a) of Section 11450 in effect on July 1, 2018, shall be increased by 10 percent. (b) The counties’ share of costs resulting from implementation of the increase to maximum aid payments pursuant to subdivision (a) shall be subject to Section 15200. (Added by Stats. 2018, Ch. 35, Sec. 24. (AB 1811) Effective June 27, 2018.)
11450.022.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

The Legislature states its intent to raise CalWORKs maximum aid payment levels in stages, with a 10% increase as the first step and later increases aimed at reaching 50% of the federal poverty level, subject to Budget Act appropriation after July 1, 2018.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11450.022. (a) It is the intent of the Legislature to increase CalWORKs maximum aid payment levels in the 2018–19, 2019–20, and 2020–21 fiscal years, or until the maximum aid payment levels reach 50 percent of the federal poverty level for the family size that is one greater than the assistance unit. (b) As a first step toward this goal, the Legislature is adopting a 10-percent increase to the maximum aid payment levels to become effective April 1, 2019, as specified in Section 11450.021. (c) For the second step, it is the intent of the Legislature to increase the maximum aid payment levels to close the gap by one-half between the maximum aid payment levels prior to taking the second step and 50 percent of the federal poverty level for the family size that is one greater than the assistance unit goal for that year. (d) For the third step, it is the intent of the Legislature to increase the maximum aid payment levels to fully close the gap between the maximum aid payment levels prior to taking the third step and 50 percent of the federal poverty level for the family size that is one greater than the assistance unit goal for that year. (e) Any increases to maximum aid payment levels after July 1, 2018, are contingent upon an appropriation in the annual Budget Act. (Added by Stats. 2018, Ch. 35, Sec. 25. (AB 1811) Effective June 27, 2018.)
11450.023.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

This section sets maximum aid payment amounts for Region 1 and Region 2, based on assistance unit size and whether the unit is exempt or nonexempt, effective October 1, 2019.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11450.023. (a) Notwithstanding any other law, effective October 1, 2019, the maximum aid payments pursuant to paragraph (1) of subdivision (a) of Section 11450 in effect on April 1, 2019, shall be set forth as follows: REGION 1Assistance Unit SizeMaximum Aid Payment-ExemptMaximum Aid Payment-Nonexempt1$606$5502$778$6963$983$8784$1,181$1,0605$1,385$1,2426$1,589$1,4247$1,792$1,6068$1,998$1,7889$2,199$1,97010 or more$2,406$2,152REGION 2Assistance Unit SizeMaximum Aid Payment-ExemptMaximum Aid Payment-Nonexempt1$576$5202$739$6613$934$8344$1,122$1,0075$1,316$1,1806$1,510$1,3537$1,702$1,5268$1,898$1,6999$2,089$1,87210 or more$2,286$2,044(b) For purposes of this section, “Region 1” and “Region 2” have the same meanings as defined in Section 11452.018. (Added by Stats. 2019, Ch. 27, Sec. 58. (SB 80) Effective June 27, 2019.)
11450.025.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

This section increases certain CalWORKs maximum aid payments on specified dates and sets out annual budget-calculation duties for the Director of Finance.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11450.025. (a) (1) Notwithstanding any other law, effective on March 1, 2014, the maximum aid payments in effect on July 1, 2012, as specified in subdivision (b) of Section 11450.02, shall be increased by 5 percent. (2) Effective April 1, 2015, the maximum aid payments in effect on July 1, 2014, as specified in paragraph (1), shall be increased by 5 percent. (3) Effective October 1, 2016, the maximum aid payments in effect on July 1, 2016, as specified in paragraph (2), shall be increased by 1.43 percent. (4) (A) Effective January 1, 2017, households eligible for aid under this chapter shall receive an increased aid payment consistent with the repeal of former Section 11450.04, as it read on January 1, 2016, known as the “maximum family grant rule.” (B) In recognition of the increased cost of aid payments resulting from that repeal, moneys deposited into the Child Poverty and Family Supplemental Support Subaccount shall be allocated to counties pursuant to Section 17601.50 as follows: (i) One hundred seven million forty-seven thousand dollars ($107,047,000) for January 1, 2017, to June 30, 2017, inclusive. (ii) Two hundred twenty-three million four hundred fifty-four thousand dollars ($223,454,000) for the 2017–18 fiscal year and for every fiscal year thereafter. (5) Effective October 1, 2021, the maximum aid payments in effect on July 1, 2021, as specified in paragraph (3), shall be increased by 5.3 percent. (6) Effective October 1, 2022, the maximum aid payments in effect on July 1, 2022, as specified in paragraph (5), shall be increased by 11 percent. (7) Effective October 1, 2023, the maximum aid payments in effect on July 1, 2023, as specified in paragraph (6), shall be increased by 3.6 percent. (8) Effective October 1, 2024, the maximum aid payments in effect on July 1, 2024, as specified in paragraph (7), shall be increased by 0.3 percent. (9) Effective October 1, 2026, the maximum aid payments in effect on July 1, 2026, as specified in paragraph (8), shall be increased by 1.8 percent. (b) Commencing in 2014 and annually thereafter, on or before January 10 and on or before May 14, the Director of Finance shall do all of the following: (1) Estimate the amount of growth revenues pursuant to subdivision (f) of Section 17606.10 that will be deposited in the Child Poverty and Family Supplemental Support Subaccount of the Local Revenue Fund for the current fiscal year and the following fiscal year and the amounts in the subaccount carried over from prior fiscal years. (2) For the current fiscal year and the following fiscal year, determine the total cost of providing the increases described in subdivision (a), as well as any other increase in the maximum aid payments subsequently provided only under this section, after adjusting for updated projections of CalWORKs costs associated with caseload changes, as reflected in the local assistance subvention estimates prepared by the State Department of Social Services and released with the annual Governor’s Budget and subsequent May Revision update. (3) If the amount estimated in paragraph (1) plus the amount projected to be deposited for the current fiscal year into the Child Poverty and Family Supplemental Support Subaccount pursuant to subparagraph (3) of subdivision (e) of Section 17600.15 is greater than the amount determined in paragraph (2), the difference shall be used to calculate the percentage increase to the CalWORKs maximum aid payment standards that could be fully funded on an ongoing basis beginning the following fiscal year. (4) If the amount estimated in paragraph (1) plus the amount projected to be deposited for the current fiscal year into the Child Poverty and Family Supplemental Support Subaccount pursuant to subparagraph (3) of subdivision (e) of Section 17600.15 is equal to or less than the amount determined in paragraph (2), no additional increase to the CalWORKs maximum aid payment standards shall be provided in the following fiscal year in accordance with this section. (5) (A) Commencing with the 2014–15 fiscal year and for all fiscal years thereafter, if changes to the estimated amounts determined in paragraphs (1) or (2), or both, as of the May Revision, are enacted as part of the final budget, the Director of Finance shall repeat, using the same methodology used in the May Revision, the calculations described in paragraphs (3) and (4) using the revenue projections and grant costs assumed in the enacted budget. (B) If a calculation is required pursuant to subparagraph (A), the Department of Finance shall report the result of this calculation to the appropriate policy and fiscal committees of the Legislature upon enactment of the Budget Act. (c) An increase in maximum aid payments calculated pursuant to paragraph (3) of subdivision (b), or pursuant to paragraph (5) of subdivision (b) if applicable, shall become effective on October 1 of the following fiscal year. (d) (1) An increase in maximum aid payments provided in accordance with this section shall be funded with growth revenues from the Child Poverty and Family Supplemental Support Subaccount in accordance with paragraph (3) of subdivision (e) of Section 17600.15 and subdivision (f) of Section 17606.10, to the extent funds are available in that subaccount. (2) If funds received by the Child Poverty and Family Supplemental Support Subaccount in a particular fiscal year are insufficient to fully fund any increases to maximum aid payments made pursuant to this section, the remaining cost for that fiscal year will be addressed through existing provisional authority included in the annual Budget Act. Additional increases to the maximum aid payments shall not be provided until and unless the ongoing cumulative costs of all prior increases provided pursuant to this section are fully funded by the Child Poverty and Family Supplemental Support Subaccount. (e) Notwithstanding Section 15200, counties shall not be required to contribute a share of the costs to cover the increases to maximum aid payments made pursuant to this section. (Amended by Stats. 2026, Ch. 26, Sec. 18. (AB 152) Effective June 29, 2026.)
11450.026.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

From fiscal year 2019–20 onward, when aid payments are incrementally adjusted, the counties’ share is calculated using the lower of the adjustment amount or the California Necessities Index increase.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11450.026. (a) Commencing in the 2019–20 fiscal year and for each fiscal year thereafter, if an incremental adjustment is made to the maximum aid payments pursuant to paragraph (1) of subdivision (a) of Section 11450, the counties’ share of that adjustment, as required pursuant to Section 15200, shall be based upon the total incremental adjustment or the increase in the California Necessities Index pursuant to Section 11453 for the fiscal year in which the adjustment becomes effective, whichever is lower. (b) If more than one incremental adjustment is made to maximum aid payments pursuant to paragraph (1) of subdivision (a) of Section 11450 during a single fiscal year, the counties’ share of those combined adjustments, as required pursuant to Section 15200, shall be based upon the total combined incremental adjustments or the increase in the California Necessities Index pursuant to Section 11453 for the fiscal year in which the adjustments become effective, whichever is lower. (c) This section shall not apply to any incremental increases or decreases made to the maximum aid payments prior to July 1, 2019. (d) This section shall not apply to any incremental increases or decreases made to maximum aid payments pursuant to Section 11450.025. (Added by Stats. 2018, Ch. 35, Sec. 26. (AB 1811) Effective June 27, 2018.)
11450.027.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

The section says the Legislature intends CalWORKs aid to rise over time, defines “deep poverty” as at or below 50% of the federal poverty level, adds a 10% increase to certain aid payments effective October 1, 2022, and requires the State Department of Social Services to publish an annual written display by January 10.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11450.027. (a) It is the intent of the Legislature that, upon an appropriation in the annual Budget Act, maximum aid payments in the CalWORKs program are sufficient to ensure that no child lives in deep poverty. As stated in Section 11450.022, it is the intent of the Legislature to increase CalWORKs maximum aid payments until the maximum aid payment levels reach 50 percent of the federal poverty level for the family size that is one greater than the assistance unit, accounting for families with an unaided family member and when children in these families receive a proportionally reduced grant. It is further the intent of the Legislature that, upon an appropriation in the annual Budget Act, maximum aid payments increase in accordance with the growth of the federal poverty level to continue to ensure that no child lives in deep poverty. For purposes of this subdivision, “deep poverty” means at or below 50 percent of the federal poverty level. (b) Notwithstanding any other law, effective October 1, 2022, the maximum aid payments described in paragraph (1) of subdivision (a) of Section 11450, in effect on July 1, 2022, as specified in Section 11450.025, shall be increased by 10 percent in addition to the 11-percent increase specified in paragraph (6) of subdivision (a) of Section 11450.025. (c) Commencing on January 1, 2023, and annually thereafter, on or before January 10, the State Department of Social Services shall provide a display in writing to the appropriate policy and fiscal committees of the Legislature, and on the department’s internet website, showing the CalWORKs maximum aid payment amounts compared to the federal poverty level for the family size that is one greater than the assistance unit. (Amended by Stats. 2024, Ch. 46, Sec. 21. (AB 161) Effective July 2, 2024.)
11450.03.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

Families who have lived in California for less than 12 months are paid aid under Section 11450’s formula, but the amount cannot exceed what they would have received in their prior state.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11450.03. (a) Notwithstanding the maximum aid payments specified in paragraph (1) of subdivision (a) of Section 11450, families that have resided in this state for less than 12 months shall be paid an amount calculated in accordance with paragraph (1) of subdivision (a) of Section 11450, not to exceed the maximum aid payment that would have been received by that family from the state of prior residence. (b) This section shall not become operative until the date of approval by the United States Secretary of Health and Human Services necessary to implement the provisions of this section so as to ensure the continued compliance of the state plan for the following: (1) Title IV of the federal Social Security Act (Subchapter 4 (commencing with Section 601) of Chapter 7 of Title 42 of the United States Code). (2) Title IX of the federal Social Security Act (Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code). (Added by Stats. 1992, Ch. 722, Sec. 37.5. Effective September 15, 1992. Section conditionally operative by its own provisions.)
11450.05.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

A child’s death does not reduce the family count used to calculate maximum aid for that month or the next month, and the aid is not treated as an overpayment unless the county makes specified recovery findings.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11450.05. (a) For purposes of determining the maximum aid payment specified in subdivision (a) of Section 11450, the number of needy persons in the same family shall not be decreased because of the death of a child in the assistance unit for the month in which the death occurred or the following month. (b) Aid paid under subdivision (a) shall not be deemed an overpayment unless the county determines, pursuant to Sections 11004 and 11004.1, that the assistance unit would have been subject to overpayment recovery, and the county would have sought recovery, even if the child had not died. (Added by Stats. 2015, Ch. 514, Sec. 2. (AB 433) Effective January 1, 2016.)
11450.10.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

When the department learns that a minor has been incarcerated for at least 30 consecutive days, it must determine whether the minor’s family receives Section 11450 benefits and, if so, notify the county welfare department.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11450.10. Whenever the department is informed pursuant to either Section 857 or 1764.5 that a minor is being incarcerated for a period of at least 30 consecutive days, the department shall determine whether the minor is a part of a family for whom benefits are being received pursuant to Section 11450. In any case where it is determined that a child identified pursuant to this section is a part of a family for whom aid is being received pursuant to Section 11450, the department shall notify the county welfare department in the county in which the incarcerated youth resides prior to the first day of the month following the receipt of the notification by the Department of the Youth Authority or by the county juvenile hall or other county juvenile facility. (Amended by Stats. 1995, Ch. 91, Sec. 185. Effective January 1, 1996.)
11450.11.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

If a county welfare department learns that an incarcerated child is part of a family receiving benefits under Section 11450, it must seek reimbursement of any overpayments under existing law and regulation.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11450.11. Whenever a county welfare department is informed that a child who is incarcerated is also a member of a family receiving benefits pursuant to Section 11450, the county welfare department shall seek reimbursement of any overpayments pursuant to existing law and regulation. (Added by Stats. 1994, Ch. 1042, Sec. 4. Effective January 1, 1995.)
11450.12.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

This section limits aid eligibility for applicant and recipient families based on income rules and reporting thresholds.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11450.12. (a) (1) An applicant family shall not be eligible for aid under this chapter unless the family’s income, exclusive of the first four hundred fifty dollars ($450) of earned income for each employed person, is less than the minimum basic standard of adequate care, as specified in Section 11452. (2) If there are subsequent changes to the income exemption as specified in subdivision (c) of Section 11451.5, the earned income exemption amount specified in this section shall be changed by an equal amount. (b) An applicant family shall not be eligible for aid under this chapter if reasonably anticipated income, less exempt income, and exclusive of amounts of disability-based unearned income and earned income exempt under Section 11451.5, equals or exceeds the maximum aid payment specified in Section 11450. (c) A recipient family shall not be eligible for further aid under this chapter if reasonably anticipated income, less exempt income, exceeds the income reporting threshold specified in Sections 11265.3 and 11265.47. (d) This section shall become operative on July 1, 2022. (Amended (as added by Stats. 2021, Ch. 85, Sec. 39) by Stats. 2021, Ch. 696, Sec. 23. (AB 172) Effective October 8, 2021.)
11450.13.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

Counties must implement semiannual reporting and, once they do, certify it to the director; aid calculations are reduced by certain removed adults’ gross income, and aid may be paid in cash or vouchers at the county’s option.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11450.13. (a) In calculating the amount of aid to which an assistance unit is entitled in accordance with Section 11320.15, the maximum aid payment, adjusted to reflect the removal of the adult or adults from the assistance unit, shall be reduced by the gross income of the adult or adults removed from the assistance unit, determined for the semiannual period pursuant to Sections 11265.1, 11265.2, and 11265.3, and less any amounts exempted pursuant to Section 11451.5. Aid may be provided in the form of cash or vouchers, at the option of the county. (b) (1) This section shall become operative on April 1, 2013. A county shall implement the semiannual reporting requirements in accordance with the act that added this section no later than October 1, 2013. (2) Upon implementation described in paragraph (1), each county shall provide a certificate to the director certifying that semiannual reporting has been implemented in the county. (3) Upon filing the certificate described in paragraph (2), a county shall comply with the semiannual reporting provisions of this section. (Amended (as added by Stats. 2011, Ch. 501, Sec. 18) by Stats. 2013, Ch. 21, Sec. 39. (AB 74) Effective June 27, 2013.)
11450.16.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

Families are grouped into assistance units for eligibility and aid calculations, with required and optional household members and rules for combining units in the same home.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11450.16. (a) For purposes of determining eligibility under this chapter, and for computing the amount of aid payment under Section 11450, families shall be grouped into assistance units. (b) Every assistance unit shall include at least one of the following persons: (1) One of each of the following: (A) An eligible child. (B) The caretaker relative of an otherwise eligible child who is not receiving aid under Section 11250 because that child is receiving benefits under Title XVI of the Social Security Act (Subchapter 16 (commencing with Section 1381) of Chapter 7 of Title 42 of the United States Code), or Kin-GAP payments under Section 11364 or 11387, or foster care payments under Section 11461. (2) A pregnant woman who is eligible for payments under subdivision (c) of Section 11450. (c) Every assistance unit shall, in addition to the requirements of subdivision (b), include the eligible parents of the eligible child and the eligible siblings, including half-siblings, of the eligible child when those persons reside in the same home as the eligible child. This subdivision shall not apply to any convicted offender who is permitted to reside at the home of the eligible child as part of a court-imposed sentence and who is considered an absent parent under Section 11250. (d) An assistance unit may, at the option of the family comprising the assistance unit, also include the nonparent caretaker relative of the eligible child, the spouse of the parent of the eligible child, otherwise eligible nonsibling children in the care of the caretaker relative of the eligible child, and the alternatively sentenced offender parent exempted under subdivision (c). (e) If two or more assistance units reside in the same home, they shall be combined into one assistance unit when any of the following circumstances occurs: (1) There is a common caretaker relative for the eligible children. (2) One caretaker relative marries another caretaker relative. (3) Two caretaker relatives are the parents of an eligible child. (f) For purposes of this section, “caretaker relative” means the parent or other relative, as defined by regulations adopted by the department, who exercises responsibility and control of a child. (Amended by Stats. 2010, Ch. 559, Sec. 51. (AB 12) Effective January 1, 2011.)
11450.17.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

This section excludes certain stepsiblings and half-siblings from the needy-person count for maximum aid, requires all child support for those children to go to the assistance unit, and limits when the designation can be made or changed.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11450.17. (a) (1) For purposes of determining the maximum aid payment specified in subdivision (a) of Section 11450 and for no other purpose, the number of needy persons in the same family shall not include a stepsibling or a half-sibling, as defined in subdivision (d). (2) One hundred percent of any child support payment received for a child described in subdivision (d) shall be paid to the assistance unit. Any child support payment received for that child shall not be considered as income to the family for the purpose of calculating the amount of aid for which the family is eligible under this article. (b) Each county welfare department shall notify applicants for assistance under this chapter, in writing, of the provisions of this section. The county welfare department shall also provide the notification to recipients of aid under this chapter, in writing, at the time of redetermination, or sooner. (c) Both the department and the Department of Child Support Services shall each seek all appropriate federal waivers for the implementation of this section as necessary. If federal waivers are deemed necessary, this section shall be implemented only if federal waivers are granted. (d) For purposes of this section, “stepsibling” or “half-sibling” means a child who meets all of the following conditions: (1) He or she lives with at least one eligible child. (2) He or she is a child for whom child support payments are received. (3) The monthly child support payments received for the child are greater than the monthly amount of aid that the child would receive under Section 11450. (4) The parent or caretaker relative for the assistance unit has requested in writing that the child not be included in the number of needy persons used to calculate the maximum aid payment. (e) The designation of whether or not a child is a stepsibling or half-sibling, as defined in subdivision (d), shall only be made or reevaluated at the same time as the annual redetermination of eligibility and the processing of the semiannual report, except when it has been determined by the county that good cause exists for the designation to be made at a different time when the parent or caretaker relative voluntarily reports mid-period pursuant to Section 11265.3 or 11265.47 that the child support payment or payments have decreased or ended. (f) This section shall become operative on November 1, 2018. (Added by Stats. 2017, Ch. 729, Sec. 3. (SB 380) Effective January 1, 2018. Section operative November 1, 2018, by its own provisions.)
11450.3.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

The director may create a demonstration housing program and waive certain related provisions by formal order, but only if specified conditions are met.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11450.3. (a) The director may establish, within the department, the Emergency Housing Apartment Program Demonstration Project. (b) The director may, by formal order, waive the operation of specific provisions in paragraph (2) of subdivision (f) of Section 11450, as required for participation in the Emergency Housing Apartment Program Demonstration Project. The order establishing the waiver shall limit the operation of the demonstration project to San Francisco or Contra Costa County, or both, for no more than five years of operation, and shall not result in the reduction or elimination of any family’s eligibility for assistance under paragraph (2) of subdivision (f) of Section 11450. The order establishing the waiver shall not take effect unless and until the following conditions have been met: (1) The United States Department of Health and Human Services has approved federal financial participation for the demonstration project. (2) A comprehensive plan, including an analysis of the expected costs and savings, has been published in a newspaper of general circulation in the county or counties conducting the demonstration project and filed with the policy and fiscal committees of each house of the Legislature. (c) The county or counties participating in the demonstration project authorized by this section shall submit an annual report to the department on the demonstration project. The county or counties shall additionally collect and report any data and findings as required by the department and shall cooperate with the department in evaluating the demonstration project. (d) It is the intent of the Legislature that funding for the demonstration project authorized by this section be contained in annual Budget Act appropriations. (Amended by Stats. 2001, Ch. 745, Sec. 244. Effective October 12, 2001.)
11450.4.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

The department must negotiate with federal officials for an emergency assistance program, notify legislative committees before implementation, and stop applying the superseded aid rules once the program is implemented.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11450.4. (a) It is the intent of the Legislature to establish an emergency assistance for needy families program to serve the shelter needs of homeless families apparently eligible for aid pursuant to subdivision (a) of Section 11450. To this end, the State Department of Social Services shall conduct negotiations with the United States Department of Health and Human Services on establishing an emergency assistance program to address the temporary and permanent shelter needs of homeless families currently served under paragraph (2) of subdivision (f) of Section 11450. (b) (1) Upon receiving federal approval for an emergency assistance program and prior to implementation, the department shall notify the appropriate policy and fiscal committees of the Legislature of its intent to implement the emergency assistance program. The notification shall identify those portions of paragraph (2) of subdivision (f) of Section 11450 which are intended to be superseded by the emergency assistance program. (2) Except as provided in this subdivision, the emergency assistance program for which notification is submitted to the Legislature pursuant to paragraph (1) shall become effective the first day after 120 calendar days of continuous session of the Legislature after the date on which the notification is transmitted, or at a later date as may be indicated in the notification, unless, prior to the end of the 120-calendar-day period, either house of the Legislature adopts by a majority vote of the duly elected and qualified members thereof a resolution indicating disapproval of the proposed emergency assistance program. (3) As used in this section, “120 calendar days of continuous session” shall be deemed broken only by an adjournment sine die, but in computing the 120 calendar days for the purposes of this section, days on which either house is not in session because of a recess of more than 10 days shall not be included. (c) Upon implementation of the emergency assistance program, the department shall cease implementation of those portions of paragraph (2) of subdivision (f) of Section 11450 which are superseded by the emergency assistance program. (Amended by Stats. 1992, Ch. 713, Sec. 51. Effective September 15, 1992.)
11450.5.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

The director must adopt regulations that establish a budgeting system for computing and paying aid grants under this chapter.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11450.5. For purposes of computing and paying aid grants under this chapter, the director shall adopt regulations establishing a budgeting system consistent with Sections 11265.1, 11265.2, and 11265.3. Nothing in this section, or Sections 11004, 11257 and 11450, or any other provision of this code, shall be interpreted as prohibiting the establishment of, or otherwise restricting the operation of, any budgeting system adopted by the director. (Amended by Stats. 2002, Ch. 1022, Sec. 38. Effective September 28, 2002. Became operative on January 30, 2004, pursuant to Sec. 70 of Ch. 1022.)
11450.8.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

Aid payments under Section 11450 must not be made to a family for any month when the family would receive less than $10.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11450.8. No payment of aid pursuant to Section 11450 shall be made to a family for a month in which the amount the family would receive is less than ten dollars ($10). The family shall be considered in receipt of aid for all other purposes. (Added by Stats. 1982, 1st Ex. Sess., Ch. 3, Sec. 28. Effective February 17, 1982.)
11450.9.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

The department must treat certain increases in aid payments as energy assistance payments and notify the federal government within 60 days after submitting the required report.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11450.9. (a) (1) The department shall designate as energy assistance payments any increase in the maximum aid payments provided pursuant to Section 11450 made on or after the first day of the first session of the Legislature which is convened after the effective date of this section. (2) Increases subject to paragraph (1) shall include any increase provided pursuant to Sections 11453 and 11453.05. (b) The designation required by subdivision (a) shall be made to the extent allowed by federal law to increase CalFresh allotments to recipients of assistance under this chapter. (c) The department shall notify the federal government of the designation made pursuant to subdivision (a) no later than 60 days after it has submitted a report on the study required by subdivision (d). (d) It is the intent of the Legislature that the department designate the maximum amount of aid payments made under this chapter as energy assistance payments to the extent allowed under federal law to increase CalFresh allotments to recipients of assistance under this chapter. (Amended by Stats. 2011, Ch. 227, Sec. 55. (AB 1400) Effective January 1, 2012.)
11451.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

A county may use its own funds to pay extra amounts for the care of a needy child, and the state and county may pay aid needed for the family’s adequate care from other state or county funds.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11451. Any county may, in its discretion, pay from its own funds additional sums for the care of any needy child, and the state and county may pay such aid as is needed for the adequate care of the family from other state or county funds. (Added by Stats. 1965, Ch. 1784.)
11452.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

This section sets minimum aid standards for counties, gives the dollar schedule for eligible family sizes, limits certain cost-of-living adjustments for specified fiscal years, and requires the department to issue rules for uniform statewide application.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11452. (a) (1) Minimum basic standards of adequate care shall be distributed to the counties and shall be binding upon them. The standards are determined on the basis of the schedule set forth in this section, as adjusted for cost-of-living increases or decreases pursuant to Section 11453, which schedule is designed to ensure: (A) Safe, healthful housing. (B) Minimum clothing for health and decency. (C) Low-cost adequate food budget meeting recommended dietary allowances of the National Research Council. (D) Utilities. (E) Other items including household operation, education and incidentals, recreation, personal needs, and insurance. (F) Allowance for essential medical, dental, or other remedial care to the extent not otherwise provided at public expense. (2) The schedule of minimum basic standards of adequate care is as follows: Number of eligible needy persons in the same family Minimum basic standards of adequate care 1 ........................ $ 341 2 ........................ 560 3 ........................ 694 4 ........................ 824 5 ........................ 940 6 ........................ 1,057 7 ........................ 1,160 8 ........................ 1,265 9 ........................ 1,371 10 ........................ 1,489 plus fourteen dollars ($14) for each additional needy person. (3) (A) No adjustment shall be made under this section for the 1990–91 and 1991–92 fiscal years to reflect any change in the cost of living. Elimination of the cost-of-living adjustment pursuant to this subparagraph shall satisfy the requirements of Section 11453.05, and no further reduction shall be made pursuant to that section. (B) Any cost-of-living adjustment under this section for the 1991–92 fiscal year and any subsequent fiscal year pursuant to Section 11453 shall not include any adjustment to reflect increases for the cost of living for the 1990–91 and 1991–92 fiscal years. (C) For the 1992–93, 1993–94, 1994–95, 1995–96 fiscal years, and through October 31, 1996, a cost-of-living adjustment equivalent to 70 percent of the amount calculated pursuant to subdivision (a) of Section 11453 shall be made under this section. This adjustment, by reducing the cost-of-living adjustment that would otherwise have been made, shall satisfy the requirements of Section 11453.05, and no further reduction shall be made pursuant to that section. (b) The minimum basic standard of adequate care shall also include the amount or amounts resulting from an allowance for recurring special needs, as specified in subdivision (e) Section 11450, and the amount or amounts resulting from the granting of a nonrecurring special need, equal to the amounts specified in paragraphs (1) and (2) of subdivision (f) of Section 11450. (c) The department shall establish rules and regulations assuring the uniform application statewide of the provisions of this section. (Amended by Stats. 1996, 4th Ex. Sess., Ch. 1, Sec. 7. Effective June 27, 1996.)
11452.018.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

This section changes county aid standards to reflect housing-cost differences, groups counties into two regions based on lowest quartile rent, and reduces the standard by 4.9% for Region 2 counties.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11452.018. (a) Notwithstanding any other provision of law, the minimum basic standards of adequate care, as set forth in Section 11452, and as adjusted pursuant to any other provision of law, shall be changed for each county to reflect regional variations in housing cost based on the lowest quartile rent in each county as reported in the Decennial Census data for 1990. (b) Counties are assigned to one of two regions and the minimum basic standards of adequate care for counties in those regions are reduced as follows: (1) Region 1 shall include all counties with lowest quartile rents of four hundred dollars ($400) or more. There shall be no reduction in minimum basic standard of adequate care for counties in Region 1. Region 1 shall consist of the following counties: (A) Alameda County (B) Contra Costa County (C) Los Angeles County (D) Marin County (E) Monterey County (F) Napa County (G) Orange County (H) San Diego County (I) San Francisco County (J) San Luis Obispo County (K) San Mateo County (L) Santa Barbara County (M) Santa Clara County (N) Santa Cruz County (O) Solano County (P) Sonoma County (Q) Ventura County (2) Region 2 shall include all counties with lowest quartile rents below four hundred dollars ($400). There shall be a 4.9 percent reduction in the minimum basic standard of adequate care for counties in Region 2. Region 2 shall consist of the following counties: (A) Alpine County (B) Amador County (C) Butte County (D) Calaveras County (E) Colusa County (F) Del Norte County (G) El Dorado County (H) Fresno County (I) Glenn County (J) Humboldt County (K) Imperial County (L) Inyo County (M) Kern County (N) Kings County (O) Lake County (P) Lassen County (Q) Madera County (R) Mariposa County (S) Mendocino County (T) Merced County (U) Modoc County (V) Mono County (W) Nevada County (X) Placer County (Y) Plumas County (Z) Riverside County (AA) Sacramento County (AB) San Benito County (AC) San Bernardino County (AD) San Joaquin County (AE) Shasta County (AF) Sierra County (AG) Siskiyou County (AH) Stanislaus County (AI) Sutter County (AJ) Tehama County (AK) Trinity County (AL) Tulare County (AM) Tuolumne County (AN) Yolo County (AO) Yuba County (c) This section shall be operative during such time as subdivision (a) of Section 11450.018 is operative. (Added by Stats. 1995, Ch. 307, Sec. 10. Effective August 3, 1995. Section conditionally operative as provided in subd. (c).)
11453.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

The department must adjust certain aid amounts each year for cost-of-living changes, calculate the adjustment using the California Necessities Index, and file the resulting schedules with the Secretary of State, subject to listed exceptions.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11453. (a) Except as provided in subdivision (c), the amounts set forth in Section 11452 and subdivision (a) of Section 11450 shall be adjusted annually by the department to reflect any increases or decreases in the cost of living. These adjustments shall become effective July 1 of each year, unless otherwise specified by the Legislature. For the 2000–01 fiscal year to the 2003–04 fiscal year, inclusive, these adjustments shall become effective October 1 of each year. The cost-of-living adjustment shall be calculated by the Department of Finance based on the changes in the California Necessities Index, which as used in this section means the weighted average changes for food, clothing, fuel, utilities, rent, and transportation for low-income consumers. The computation of annual adjustments in the California Necessities Index shall be made in accordance with the following steps: (1) The base period expenditure amounts for each expenditure category within the California Necessities Index used to compute the annual grant adjustment are: Food ........................ $ 3,027 Clothing (apparel and upkeep) ........................ 406 Fuel and other utilities ........................ 529 Rent, residential ........................ 4,883 Transportation ........................ 1,757 Total ........................ $10,602 (2) Based on the appropriate components of the Consumer Price Index for All Urban Consumers, as published by the United States Department of Labor, Bureau of Labor Statistics, the percentage change shall be determined for the 12-month period ending with the December preceding the year for which the cost-of-living adjustment will take effect, for each expenditure category specified in subdivision (a) within the following geographical areas: Los Angeles-Long Beach-Anaheim, San Francisco-Oakland, San Diego, and, to the extent statistically valid information is available from the Bureau of Labor Statistics, additional geographical areas within the state which include not less than 80 percent of recipients of aid under this chapter. (3) Calculate a weighted percentage change for each of the expenditure categories specified in subdivision (a) using the applicable weighting factors for each area used by the State Department of Industrial Relations to calculate the California Consumer Price Index (CCPI). (4) Calculate a category adjustment factor for each expenditure category in subdivision (a) by (1) adding 100 to the applicable weighted percentage change as determined in paragraph (2) and (2) dividing the sum by 100. (5) Determine the expenditure amounts for the current year by multiplying each expenditure amount determined for the prior year by the applicable category adjustment factor determined in paragraph (4). (6) Determine the overall adjustment factor by dividing (1) the sum of the expenditure amounts as determined in paragraph (4) for the current year by (2) the sum of the expenditure amounts as determined in subdivision (d) for the prior year. (b) The overall adjustment factor determined by the preceding computation steps shall be multiplied by the schedules established pursuant to Section 11452 and subdivision (a) of Section 11450 as are in effect during the month of June preceding the fiscal year in which the adjustments are to occur and the product rounded to the nearest dollar. The resultant amounts shall constitute the new schedules which shall be filed with the Secretary of State. (c) (1) No adjustment to the maximum aid payment set forth in subdivision (a) of Section 11450 shall be made under this section for the purpose of increasing the benefits under this chapter for the 1990–91, 1991–92, 1992–93, 1993–94, 1994–95, 1995–96, 1996–97, and 1997–98 fiscal years, and through October 31, 1998, to reflect any change in the cost of living. For the 1998–99 fiscal year, the cost-of-living adjustment that would have been provided on July 1, 1998, pursuant to subdivision (a) shall be made on November 1, 1998. No adjustment to the maximum aid payment set forth in subdivision (a) of Section 11450 shall be made under this section for the purpose of increasing the benefits under this chapter for the 2005–06 and 2006–07 fiscal years to reflect any change in the cost of living. Elimination of the cost-of-living adjustment pursuant to this paragraph shall satisfy the requirements of Section 11453.05, and no further reduction shall be made pursuant to that section. (2) No adjustment to the minimum basic standard of adequate care set forth in Section 11452 shall be made under this section for the purpose of increasing the benefits under this chapter for the 1990–91 and 1991–92 fiscal years to reflect any change in the cost of living. (3) In any fiscal year commencing with the 2000–01 fiscal year to the 2003–04 fiscal year, inclusive, when there is any increase in tax relief pursuant to the applicable paragraph of subdivision (a) of Section 10754 of the Revenue and Taxation Code, then the increase pursuant to subdivision (a) of this section shall occur. In any fiscal year commencing with the 2000–01 fiscal year to the 2003–04 fiscal year, inclusive, when there is no increase in tax relief pursuant to the applicable paragraph of subdivision (a) of Section 10754 of the Revenue and Taxation Code, then any increase pursuant to subdivision (a) of this section shall be suspended. (4) Notwithstanding paragraph (3), an adjustment to the maximum aid payments set forth in subdivision (a) of Section 11450 shall be made under this section for the 2002–03 fiscal year, but the adjustment shall become effective June 1, 2003. (5) No adjustment to the maximum aid payment set forth in subdivision (a) of Section 11450 shall be made under this section for the purpose of increasing benefits under this chapter for the 2007–08, 2008–09, and 2009–10 fiscal years. (6) For the 2010–11 fiscal year and each fiscal year thereafter, no adjustment to the maximum aid payment set forth in subdivision (a) of Section 11450 shall be made under this section unless otherwise specified by statute. (d) Adjustments for subsequent fiscal years pursuant to this section shall not include any adjustments for any fiscal year in which the cost of living was suspended pursuant to subdivision (c). (Amended by Stats. 2011, Ch. 227, Sec. 55.5. (AB 1400) Effective January 1, 2012.)
11453.01.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

Starting July 1, 2022, the maximum aid payment must be adjusted each year for changes in cost of living, with the adjustment taking effect October 1 each year.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11453.01. (a) Commencing July 1, 2022, and each year thereafter, the maximum aid payment set forth in subdivision (a) of Section 11450 shall be adjusted annually to reflect any increases or decreases in the cost of living, and these adjustments shall become effective October 1 of each year. The annual cost-of-living adjustment shall be based on the increase in the California Necessities Index for the year in which the adjustment becomes effective. (b) Notwithstanding subdivision (a), unless otherwise specified in the annual Budget Act, the cost-of-living adjustment pursuant to subdivision (a), commencing on or after July 1, 2022, and for each year thereafter, shall be 0 percent. (Added by Stats. 2018, Ch. 35, Sec. 27. (AB 1811) Effective June 27, 2018.)
11453.1.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

If federal law changes to bar CalFresh benefits for these aid recipients, this section makes the replacement cash-benefit conversion provisions take effect immediately, subject to a cost cap tied to base-year costs.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11453.1. (a) It is the intent of this section to assure that the food purchasing power provided by benefits available from CalFresh under the federal Supplemental Nutrition Assistance Program (Chapter 51 (commencing with Section 2011), Title 7, United States Code) shall continue to be available to recipients of aid under this chapter, if, when and during such times as federal law is amended to preclude CalFresh benefits to such recipients, but does expressly permit the equivalent of such benefits to be provided as cash benefits to such recipients. (b) It is the further intent of this section to protect the financial interest of the state and counties by accomplishing the conversion of CalFresh benefits in such a manner that the conversion does not result in state and county costs of aid exceeding the costs in the base year, as hereinafter defined in this section. (c) If federal law is amended to preclude the provision of CalFresh benefits pursuant to the federal Supplemental Nutrition Assistance Program to applicants or recipients of aid under this chapter, when such federal law becomes operative, such of the following provisions for converting CalFresh benefits to cash benefits as is consistent with the intent of this section shall become operative immediately: (1) The bonus value of CalFresh benefits shall be paid in addition to the amounts payable pursuant to subdivision (a) of Section 11450, provided that aggregate state and county expenditures pursuant to that section and this section do not thereby exceed the base-year costs. (2) If aggregate state and county expenditures pursuant to subdivision (a) of Section 11450 and this section in any fiscal year would, by virtue of the operation of paragraph (1) of subdivision (c) of this section, result in an increase over the aggregate of such expenditures in the base year, the bonus value of CalFresh benefits paid pursuant to this section shall be reduced, on a pro rata basis, by such amount as will reduce aggregate state and county expenditures under that section and this section to an amount equal to the aggregate state and county expenditures in the base year. (d) For the purposes of this section, “base year” means that year designated by federal law as the year fixing the limit on nonfederal expenditures for programs established to implement programs under Part A of Title 4 of the Social Security Act. (e) For purposes of this section, “bonus value of CalFresh benefits” means the dollar amount that federal law permits to be paid to a child or a family of given size as a cash benefit in lieu of benefits under the federal Supplemental Nutrition Assistance Program. (f) For purposes of this section, “aggregate state and county expenditure” is defined as expenditure made under subdivision (a) of Section 11450 and this section, after deducting any federal reimbursements or credits, and excluding any cost-of-living increment paid pursuant to Section 11453. (Amended by Stats. 2011, Ch. 227, Sec. 56. (AB 1400) Effective January 1, 2012.)
11453.2.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

A county must issue vouchers or vendor payments for at least rent and utilities when an assistance unit includes a parent or caretaker relative who has been under sanction for at least three consecutive months.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11453.2. A county shall issue vouchers or vendor payments for at least rent and utilities payments, for any assistance unit in which any parent or caretaker relative has been subject to sanction of a consecutive period of not less than three months. Vouchers or vendor payments shall continue until the parent or caretaker relative is no longer subject to the sanction. (Repealed and added by Stats. 1997, Ch. 270, Sec. 143. Effective August 11, 1997. Operative January 1, 1998, by Sec. 183 of Ch. 270.)
11454.1.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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County welfare departments must give certain aid recipients written notice about the 60-month time limit and how to seek exemptions or extensions.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11454.1. (a) County welfare departments shall provide each recipient who is subject to the 60-month time limitation described in subdivision (a) of Section 11454 with written notice describing the 60-month time limitation described in that subdivision and the process by which recipients may claim exemptions from, and extensions to, the time limit. (b) The notice described in subdivision (a) shall be provided at the time the individual applies for aid, during the recipient’s annual redetermination, and at least once after the individual has participated for a total of 54 months, and prior to the end of the 57th month, that count toward the 60-month time limit. (c) The notice described in this section shall include, but shall not be limited to, the following: (1) The number of remaining months the adult recipient may be eligible to receive aid. (2) The manner in which the recipient may dispute the number of months counted toward the 60-month time limit. (d) This section shall become operative on May 1, 2022, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, whichever is later. (Added by Stats. 2020, Ch. 11, Sec. 62. (AB 79) Effective June 29, 2020. Operative on or after May 1, 2022, as prescribed by its own provisions.)
11454.6.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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A county may have to cover certain aid costs when hardship exemptions exceed 20% of families aided in the county, unless the statewide percentage is 20% or less.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11454.6. (a) Notwithstanding Section 15200, to the extent that the exemptions from the time limits on aid specified in paragraphs (1), (2), (4), and (5) of subdivision (c) of Section 11454 and subdivision (a) of Section 11454.5 exceed 20 percent of the number of families aided in a county, for a period as determined by the United States Department of Health and Human Services, for purposes of measuring the hardship exemption for time limits, the county shall be responsible for the amount of aid that would otherwise have been paid through federal Temporary Assistance for Needy Families block grant funds pursuant to Section 11450, with respect to those persons exempt under either paragraphs (1), (2), (4), and (5) of subdivision (c) of Section 11454 or subdivision (a) of Section 11454.5 that exceed the 20 percent hardship exemption during the period determined by the United States Department of Health and Human Services and provided for in federal law. (b) Subdivision (a) shall not apply if the statewide percentage of families aided during that period is 20 percent or less. (c) The department may determine that a county has good cause for exceeding the 20-percent limitation provided for in subdivision (a). Under this determination, the county share may be reduced or waived by the department. (d) It is the intent of the Legislature that the steering committee as specified in Section 10544.317 review this provision to ensure that: (1) The state does not exceed the limit on hardship exemptions as provided in federal law. (2) Counties are not penalized for circumstances beyond their control and that statewide flexibility for allocation of the percentages is assured. (3) Recipients will have access to the hardship exemption, regardless of their county of origin. (Amended by Stats. 2004, Ch. 229, Sec. 34. Effective August 16, 2004. Operative December 1, 2004, by Sec. 65 of Ch. 229. Note: See Sec. 64.6 of Ch. 229 regarding implementation.)
11455.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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If a child is eligible for aid on the first day of the month, aid must be paid for the whole month.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11455. If on the first day of the month a child is eligible for aid, aid for the entire month shall be paid. (Added by Stats. 1965, Ch. 1784.)
11457.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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Certain support payments must go to the local child support agency, not the family, and specified collected payments must be passed to the county aid department until procedures are established.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11457. (a) Money from noncustodial parents for child or spousal support with respect to whom an assignment under Section 11477 has been made shall be paid directly to the local child support agency and shall not be paid directly to the family. Absent parent support payments, when collected by or paid through any public officer or agency, shall be transmitted to the county department providing aid under this chapter until a procedure is established under subdivision (b). (b) The Department of Child Support Services, by regulation, shall work in conjunction with the California State Association of Counties, the County Welfare Director’s Association, the Child Support Director’s Association, and other pertinent stakeholders to establish procedures not in conflict with federal law, for the collection and distribution of noncustodial parent support payments. (c) If an amount collected as child or spousal support represents payment on the required support obligation for future months, the amount shall be applied to such future months. However, no such amounts shall be applied to future months unless amounts have been collected which fully satisfy the support obligation assigned under subdivision (a) of Section 11477 for the current months and all past months. (Amended by Stats. 2001, Ch. 755, Sec. 28. Effective October 12, 2001.)
11458.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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The county may cancel, suspend, or revoke aid for cause, and must do so if the department instructs it. If the department requests it, the county must promptly report each suspension to the department with the reason and the county’s approving action.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11458. The county may cancel, suspend or revoke aid under this chapter for cause. Upon instructions from the department, the county shall cancel, suspend or revoke aid under this chapter. Upon request of the department, an immediate report of every suspension of aid shall be made to the department stating the reason for the suspension and showing the action of the county in approving the suspension. (Added by Stats. 1965, Ch. 1784.)
11460.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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This section sets payment rates for foster care providers and gives the department authority over the AFDC-FC rate system.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11460. (a) (1) Foster care providers shall be paid a per child per month rate in return for the care and supervision of the AFDC-FC child placed with them. The department is designated the single organizational unit whose duty it shall be to administer a state system for establishing rates in the AFDC-FC program. State functions shall be performed by the department or by delegation of the department to county welfare departments or Indian tribes, consortia of tribes, or tribal organizations that have entered into an agreement pursuant to Section 10553.1. (2) Foster care providers that care for a child in a home-based setting described in paragraph (1) of subdivision (g) of Section 11461, or in a certified home or an approved resource family of a foster family agency, shall be paid the per child per month rate as set forth in subdivision (g) of Section 11461, or, on and after the date required by paragraph (9) of subdivision (h) of Section 11461, the rate developed pursuant to the Tiered Rate Structure, as described in subdivision (h) of Section 11461, as applicable. (3) (A) In addition to administering the state system of rates described in paragraph (1) of subdivision (a), at the request of and in consultation with a county, the department shall have the authority to develop, implement, and approve alternative funding models and set individualized rates for innovative AFDC-FC programs or models of care and services that are consistent with statewide licensing and program requirements and that provide children with service alternatives to residential care, enhance the ability of children to remain in the least restrictive, most family-like setting possible, and promote services that address the needs and strengths of individual children and their families. (B) A county that chooses to request an alternative funding model or individualized rate under this paragraph shall pay the entire nonfederal share of any additional cost for providing these innovative programs or models of care and services that exceeds the nonfederal portions of the state system of rates established pursuant to subdivision (a). (C) (i) The provider shall indicate in the program statement the innovative approach or model of care and services for which there is a recognized need that the county seeks to meet. (ii) The requesting county, in consultation with the department, shall monitor the performance and outcomes of the provider consistent with the program statement to ensure that the purposes of the innovative program or model of care and services will be achieved commensurate with the alternative funding model or individualized rate. (D) Notwithstanding the rulemaking provisions of 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 may implement this paragraph by means of all-county letters or similar written directives, which shall be exempt from submission to or review by the Office of Administrative Law. These all-county letters or similar written directives shall have the same force and effect as regulations until the adoption of regulations, no later than January 1, 2030. (b) “Care and supervision” includes food, clothing, shelter, daily supervision, school supplies, a child’s personal incidentals, liability insurance with respect to a child, reasonable travel to the child’s home for visitation, and reasonable travel for the child to remain in the school in which the child is enrolled at the time of placement. Reimbursement for the costs of educational travel, as provided for in this subdivision, shall be made pursuant to procedures determined by the department, in consultation with representatives of county welfare and probation directors, and additional stakeholders, as appropriate. (1) For a child or youth placed in a short-term residential therapeutic program or a licensed foster family agency, care and supervision shall also include reasonable administration and operational activities necessary to provide the items listed in this subdivision. (2) For a child or youth placed in a short-term residential therapeutic program or a licensed foster family agency, care and supervision may also include reasonable activities performed by social workers employed by the program provider that are not otherwise considered daily supervision or administration activities. (c) A foster care provider that accepts payments, following the effective date of this section, based on a rate established under this section, shall not receive rate increases or retroactive payments as the result of litigation challenging rates established prior to the effective date of this section. This shall apply regardless of whether a provider is a party to the litigation or a member of a class covered by the litigation. (d) A county is not precluded from using a portion of its county funds to increase rates paid to family homes, foster family agencies, and short-term residential therapeutic programs within that county, and to make payments for specialized care increments, clothing allowances, or infant supplements to homes within that county, solely at that county’s expense. (e) A county is not precluded from providing a supplemental rate to serve commercially sexually exploited foster children to provide for the additional care and supervision needs of these children. To the extent that federal financial participation is available, it is the intent of the Legislature that the federal funding shall be utilized. (Amended by Stats. 2024, Ch. 46, Sec. 22. (AB 161) Effective July 2, 2024.)
11461.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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This section sets foster care aid rates, adjustment rules, and administrative duties for counties and the department.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11461. (a) For children or, on and after January 1, 2012, nonminor dependents placed in a licensed or approved family home with a capacity of six or less, or in an approved home of a relative or nonrelated legal guardian, or the approved home of a nonrelative extended family member, as described in Section 362.7, or, on and after January 1, 2012, a supervised independent living placement, as defined in subdivision (w) of Section 11400, the per child per month basic rates in the following schedule shall be in effect for the period July 1, 1989, through December 31, 1989: Age Basic rate 0–4 ........................ $ 294 5–8 ........................ $ 319 9–11 ........................ $ 340 12–14 ........................ $ 378 15–20 ........................ $ 412 (b) (1) Any county that, as of October 1, 1989, has in effect a basic rate that is at the levels set forth in the schedule in subdivision (a), shall continue to receive state participation, as specified in subdivision (c) of Section 15200, at these levels. (2) Any county that, as of October 1, 1989, has in effect a basic rate that exceeds a level set forth in the schedule in subdivision (a), shall continue to receive the same level of state participation as it received on October 1, 1989. (c) The amounts in the schedule of basic rates in subdivision (a) shall be adjusted as follows: (1) Effective January 1, 1990, the amounts in the schedule of basic rates in subdivision (a) shall be increased by 12 percent. (2) Effective May 1, 1990, any county that did not increase the basic rate by 12 percent on January 1, 1990, shall do both of the following: (A) Increase the basic rate in effect December 31, 1989, for which state participation is received by 12 percent. (B) Increase the basic rate, as adjusted pursuant to subparagraph (A), by an additional 5 percent. (3) (A) Except as provided in subparagraph (B), effective July 1, 1990, for the 1990–91 fiscal year, the amounts in the schedule of basic rates in subdivision (a) shall be increased by an additional 5 percent. (B) The rate increase required by subparagraph (A) shall not be applied to rates increased May 1, 1990, pursuant to paragraph (2). (4) Effective July 1, 1998, the amounts in the schedule of basic rates in subdivision (a) shall be increased by 6 percent. Notwithstanding any other law, the 6-percent increase provided for in this paragraph shall, retroactive to July 1, 1998, apply to every county, including any county to which paragraph (2) of subdivision (b) applies, and shall apply to foster care for every age group. (5) Notwithstanding any other law, any increase that takes effect after July 1, 1998, shall apply to every county, including any county to which paragraph (2) of subdivision (b) applies, and shall apply to foster care for every age group. (6) The increase in the basic foster family home rate shall apply only to children placed in a licensed foster family home receiving the basic rate or in an approved home of a relative or nonrelative extended family member, as described in Section 362.7, a supervised independent living placement, as defined in subdivision (w) of Section 11400, or a nonrelated legal guardian receiving the basic rate. The increased rate shall not be used to compute the monthly amount that may be paid to licensed foster family agencies for the placement of children in certified foster homes. (d) (1) (A) Beginning with the 1991–92 fiscal year, the schedule of basic rates in subdivision (a) shall be adjusted by the percentage changes in the California Necessities Index, computed pursuant to the methodology described in Section 11453, subject to the availability of funds. (B) In addition to the adjustment in subparagraph (A) effective January 1, 2000, the schedule of basic rates in subdivision (a) shall be increased by 2.36 percent rounded to the nearest dollar. (C) Effective January 1, 2008, the schedule of basic rates in subdivision (a), as adjusted pursuant to subparagraph (B), shall be increased by 5 percent, rounded to the nearest dollar. The increased rate shall not be used to compute the monthly amount that may be paid to licensed foster family agencies for the placement of children in certified foster family homes, and shall not be used to recompute the foster care maintenance payment that would have been paid based on the age-related, state-approved foster family home care rate and any applicable specialized care increment, for any adoption assistance agreement entered into prior to October 1, 1992, or in any subsequent reassessment for adoption assistance agreements executed before January 1, 2008. (2) (A) Any county that, as of the 1991–92 fiscal year, receives state participation for a basic rate that exceeds the amount set forth in the schedule of basic rates in subdivision (a) shall receive an increase each year in state participation for that basic rate of one-half of the percentage adjustments specified in paragraph (1) until the difference between the county’s adjusted state participation level for its basic rate and the adjusted schedule of basic rates is eliminated. (B) Notwithstanding subparagraph (A), all counties for the 1999–2000 fiscal year and the 2007–08 fiscal year shall receive an increase in state participation for the basic rate of the entire percentage adjustment described in paragraph (1). (3) If a county has, after receiving the adjustments specified in paragraph (2), a state participation level for a basic rate that is below the amount set forth in the adjusted schedule of basic rates for that fiscal year, the state participation level for that rate shall be further increased to the amount specified in the adjusted schedule of basic rates. (e) (1) As used in this section, “specialized care increment” means an amount paid on behalf of a child requiring specialized care to a home listed in subdivision (g) in addition to the rates set forth in subdivisions (g) and (h). Notwithstanding subdivision (g), the specialized care increment shall not be paid to a nonminor dependent placed in a supervised independent living placement as defined in subdivision (w) of Section 11400. A county or tribe that has entered into a Title IV-E intergovernmental agreement pursuant to Section 10553.1 may have a ratesetting system for specialized care to pay for the additional care and supervision needed to address the behavioral, emotional, and physical requirements of foster children. A county or tribe that has entered into a Title IV-E intergovernmental agreement pursuant to Section 10553.1 may modify its specialized care rate system as needed, to accommodate changing specialized placement needs of children. (2) (A) The department shall have the authority to review the county’s or tribe’s specialized care information, including the criteria and methodology used for compliance with state and federal law, and to require changes if necessary to conform to state and federal law. (B) The department shall make available to the public each county’s or tribe’s specialized care information, including the criteria and methodology used to determine the specialized care increments. (3) Upon a request by a county or tribe that has entered into a Title IV-E intergovernmental agreement pursuant to Section 10553.1 for technical assistance, specialized care information shall be provided by the department within 90 days of the request to the department. (4) (A) Except for subparagraph (B), beginning January 1, 1990, specialized care increments shall be adjusted in accordance with the methodology for the schedule of basic rates described in subdivision (g). (B) Notwithstanding subdivision (e) of Section 11460, for the 1993–94 fiscal year, an amount equal to 5 percent of the State Treasury appropriation for family homes shall be added to the total augmentation for the AFDC-FC program in order to provide incentives and assistance to counties in the area of specialized care. This appropriation shall be used, but not limited to, encouraging counties to implement or expand specialized care payment systems, to recruit and train foster parents for the placement of children with specialized care needs, and to develop county systems to encourage the placement of children in family homes. It is the intent of the Legislature that in the use of these funds, federal financial participation shall be claimed whenever possible. (C) (i) Notwithstanding subparagraph (A), the specialized care increment shall not receive a cost-of-living adjustment in the 2011–12 or 2012–13 fiscal years. (ii) Notwithstanding clause (i), a county may choose to apply a cost-of-living adjustment to its specialized care increment during the 2011–12 or 2012–13 fiscal years. To the extent that a county chooses to apply a cost-of-living adjustment during that time, the state shall not participate in the costs of that adjustment. (iii) To the extent that federal financial participation is available for a cost-of-living adjustment made by a county pursuant to clause (ii), it is the intent of the Legislature that the federal funding shall be utilized. (5) Beginning in the 2011–12 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this subdivision shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code. (f) (1) As used in this section, “clothing allowance” means the amount paid by a county, at the county’s option, in addition to the rates set forth in subdivisions (g) and (h) for the provision of additional clothing for a child, including, but not limited to, an initial supply of clothing and school or other uniforms. The frequency and level of funding shall be based on the needs of the child, as determined by the county. (2) The state shall no longer participate in any clothing allowance in addition to the basic rate, commencing with the 2011–12 fiscal year. (g) (1) Notwithstanding subdivisions (a) to (d), inclusive, for a child, or on and after January 1, 2012, a nonminor dependent, placed in a licensed foster family home or with a resource family, or placed in a tribally approved home as defined in Section 224.1, or placed in an approved home of a relative or the approved home of a nonrelative extended family member as described in Section 362.7, or placed on and after January 1, 2012, in a supervised independent living placement, as defined in subdivision (w) of Section 11400, the per child per month basic rate in the following schedule shall be in effect for the period commencing July 1, 2011, or the date specified in the final order, for which the time to appeal has passed, issued by a court of competent jurisdiction in California State Foster Parent Association v. William Lightbourne, et al. (U.S. Dist. Ct. C 07-08056 WHA), whichever is earlier, through June 30, 2012: Age Basic rate 0–4 ........................ $ 609 5–8 ........................ $ 660 9–11 ........................ $ 695 12–14 ........................ $ 727 15–20 ........................ $ 761 (2) Commencing July 1, 2011, the basic rate set forth in this subdivision shall be annually adjusted on July 1 by the annual percentage change in the California Necessities Index applicable to the calendar year within which each July 1 occurs. (3) Subdivisions (e) and (f) shall apply to payments made pursuant to this subdivision. (4) (A) (i) For the 2016–17 fiscal year, the department shall develop a basic rate in coordination with the development of the foster family agency rate authorized in Section 11463 that ensures a child placed in a home-based setting described in paragraph (1), and a child placed in a certified family home or with a resource family approved by a foster family agency, is eligible for the same basic rate set forth in this paragraph. (ii) The rates developed pursuant to this paragraph shall not be lower than the rates proposed as part of the Governor’s 2016 May Revision. (iii) Unless the Tiered Rate Structure established in subdivision (h) applies to a child or nonminor dependent, a certified family home of a foster family agency shall be paid the basic rate set forth in this paragraph only through December 31, 2028, or 24 months from the date required under paragraph (9) of subdivision (h), whichever is later. (B) The basic rate paid to either a certified family home or a resource family approved by a foster family agency shall be paid by the agency to the certified family home or resource family from the rate that is paid to the agency pursuant to Section 11463. (C) Notwithstanding the rulemaking provisions of 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 basic rates and the manner in which they are determined shall be set forth in written directives until regulations are adopted. (D) The basic rates set forth in written directives or regulations pursuant to subparagraph (C) shall become inoperative on January 1, 2029, or 24 months from the date required under paragraph (9) of subdivision (h) of this section, whichever is later. (5) (A) (i) Subject to an appropriation in the annual Budget Act, the rate paid for a nonminor dependent placed in a supervised independent living placement in California, as defined in subdivision (w) of Section 11400, shall be supplemented with a housing supplement, which shall be calculated by the department as the difference between one-half of the federal fiscal year 2023 fair market rent for a two-bedroom apartment in the county in which the nonminor resides and 30 percent of the rate established pursuant to paragraphs (1) to (4), inclusive, of this subdivision. (ii) A nonminor dependent shall not receive a monthly rate less than the rate established pursuant to paragraphs (1) to (4), inclusive, of this subdivision. (B) The supplement pursuant to subparagraph (A) shall commence on July 1, 2025, or when the department notifies the Legislature that the Statewide Automated Welfare System (CalSAWS) can perform the necessary automation to implement it, whichever is later. (C) The monthly housing supplement payment made pursuant to this section shall be added to the rate paid to a nonminor dependent placed in a supervised independent living placement and shall be prorated based on the number of days in a month the nonminor dependent was in the placement eligible for the supplement. Notwithstanding Section 11466.24, overpayments shall not be collected on the housing supplement pursuant to this paragraph. (D) The department shall work with the County Welfare Directors Association of California and the CalSAWS to develop and implement the necessary system changes to implement the housing supplement provided pursuant to subparagraph (A). (E) Consistent with the implementation timeline in subparagraph (B), the department shall annually calculate the housing supplement described in this paragraph by November 1 of each year and shall inform the CalSAWS of the amount of the supplement by means of all-county letters or similar written instructions. The department shall annually inform county welfare agencies in the month of July of the following year of the amount of the supplement by means of all-county letters or similar written instructions. (F) For purposes of this paragraph, “fair market rent” means the federal fiscal year 2023 rent calculated for the fair market rent system developed by the United States Department of Housing and Urban Development for use in determining the allowable rent level for an individual who participates in the Housing Choice Voucher program, including the cost of housing and utilities, except for telephone, cable, and internet, and is calculated for each county by the United States Department of Housing and Urban Development. (h) Unless otherwise specified by law, and except as provided in paragraphs (6) to (8), inclusive, in accordance with the schedules provided in paragraph (4) and Sections 16562 and 16565, the per child per month rate for every child in foster care shall be based on the Tiered Rate Structure as set forth in this subdivision. (1) The following definitions shall apply for purposes of the Tiered Rate Structure established in this section: (A) “Integrated Practice-Child and Adolescent Needs and Strengths” or “IP-CANS” means a validated functional assessment tool that supports decisionmaking and allows for the monitoring of outcomes and services, assesses the well-being of children through the identification of their strengths and needs, and determines their tier as part of the Tiered Rate Structure established in this subdivision. (B) “Tiered Rate Structure” means the framework that establishes a rate structure consisting of three tiers developed by the department based on a statistical analysis of the IP-CANS assessment of California foster children. The tier levels are designed to address the levels of care and needs of the children in each tier regardless of their placement setting. (2) The Tiered Rate Structure shall consist of the following three components: (A) An amount paid to the foster care provider in return for care and supervision, as defined in subdivision (b) of Section 11460. (B) Strengths Building Funding to provide for a child’s strengths building objectives, as identified by the IP-CANS, paid pursuant to the Strengths Building Child and Family Determination Program established in Section 16565. (C) Immediate Needs Funding to provide for a child’s immediate needs as identified by the IP-CANS, paid pursuant to the Immediate Needs Program established in Section 16562. (3) As the Care and Supervision component of the Tiered Rate Structure, foster care providers shall be paid a per child per month rate in return for care and supervision, as defined in subdivision (b) of Section 11460, excluding paragraphs (1) and (2) of that subdivision, based on the child’s tier established by the results of the child’s IP-CANS assessment, as follows: Tier 1: $1788 Tier 2: $3490 Tier 3: $6296 [Ages 0-5] Tier 3+: $6296 [Ages 6+] (4) The components of the Tiered Rate Structure described in paragraph (2) shall be phased in as follows: (A) (i) For new entries or reentries into foster care, as defined by the department, beginning on the date required by paragraph (9), the components of the Tiered Rate Structure shall be effective on the date on which the IP-CANS assessment is completed and entered into the statewide child welfare information system, as prescribed by Section 16560, or 60 days after the child enters or reenters foster care, whichever comes first. (ii) A rate of two thousand five hundred dollars ($2500) for the Care and Supervision component, as set forth in paragraph (3), shall be paid pending completion and entry into the statewide child welfare information system of the IP-CANS assessment to determine the child’s tier, as prescribed by Section 16560. This rate shall be referred to as the “entry rate.” (iii) Provided all state and federal rate and licensing requirements are met, the entry rate for a child or nonminor dependent placed with a foster family agency or short-term residential therapeutic program shall also include a rate of one thousand six hundred ten dollars ($1,610) for administrative and other activities, as set forth in paragraphs (1) and (2) of subdivision (b) of Section 11460. (iv) Beginning July 1, 2028, the entry rate shall be annually adjusted on July 1 by the annual percentage change in the California Necessities Index that applies to the year in which the annual adjustment is made. (v) If the IP-CANS assessment is not completed and entered into the statewide child welfare information system within 60 days of a child’s entry or reentry into foster care, the components of the Tiered Rate Structure shall be effective retroactive to 60 days after the child enters or reenters foster care. (B) For all other children in foster care placement on July 1, 2027, the components of the Tiered Rate Structure as set forth in paragraph (2) shall be paid consistent with the child’s tier as determined by the child’s IP-CANS assessment, pursuant to a schedule to be determined by the department, and developed in collaboration with county placing agencies, tribes, and stakeholders, but in no case later than January 1, 2029, or 24 months from the date required under paragraph (9), whichever is later. (5) Beginning July 1, 2028, and on July 1 of each fiscal year thereafter, the rate set forth in paragraph (3) shall be annually adjusted by the annual percentage change in the California Necessities Index applicable to the calendar year within which each July 1 occurs. (6) Notwithstanding paragraph (3), the following care and supervision rates shall apply in the following settings: (A) The care and supervision rate paid on behalf of a child or nonminor dependent placed in a setting described in subdivision (d) of Section 11402 shall be the rate set forth in Section 11403.3. (B) The rate paid for a nonminor dependent placed in a setting described in subdivision (w) of Section 11400 shall be the rate set forth in paragraphs (4) and (5) of subdivision (g). Beginning July 1, 2027, or on the date required under paragraph (9), whichever is later, the rate paid shall consist of the sum of the following: (i) A rate equivalent to Tier 1 of the care and supervision rate in paragraph (3) inclusive of any annual adjustments described in paragraph (5). (ii) A rate equivalent to Tier 1 of the Strengths Building Funding set forth in paragraph (1) of subdivision (d) of Section 16565. (iii) Subject to an appropriation in the annual Budget Act, the housing supplement described in paragraph (5) of subdivision (g), if applicable. (C) The rate paid on behalf of a child or nonminor dependent placed in a setting described in subdivision (h) of Section 11402 shall be the rate established by the State Department of Developmental Services. (D) Notwithstanding any other law, children and nonminor dependents who are both regional center consumers and recipients of Aid to Families With Dependent Children-Foster Care (AFDC-FC) or the Approved Relative Caregiver Funding Program (ARC) shall be assessed for the dual agency rate and supplement, if applicable, according to subdivision (c) or (d) of Section 11464 or subdivision (b) of Section 11461.3, as applicable, and shall also be separately assessed for the tiered rate described in paragraph (3), plus any applicable county specialized care increment, and receive the rate that is higher. Notwithstanding the higher applicable rate received, regional centers shall separately purchase or secure services contained in the child’s or nonminor dependent’s Individualized Family Services Plan (IFSP) or Individual Program Plan (IPP) pursuant to Section 4684. (7) Notwithstanding paragraph (3), the Care and Supervision component shall not apply to a child or nonminor dependent placed in a temporary shelter care facility or transitional shelter care facility. (8) Notwithstanding paragraphs (1) to (4), inclusive, the Tiered Rate Structure shall not apply to a child whose nonrelated legal guardianship was ordered in probate court pursuant to Article 2 (commencing with Section 1510) of Chapter 1 of Part 2 of Division 4 of the Probate Code. (9) (A) The three components of the Tiered Rate Structure described in paragraph (2) shall become operative on July 1, 2027, or the date after both of the following events have occurred, whichever is later: (i) The department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement the Tiered Rate Structure. (ii) The Legislature makes an appropriation for the express purpose of implementing this subdivision. (B) This paragraph shall not be interpreted to cease or delay any funding or action required to perform the automation or other activities necessary to prepare for the implementation of the Tiered Rate Structure. (10) Notwithstanding the rulemaking provisions of 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 may implement, interpret, or make specific this subdivision by means of all-county letters or similar written instructions, which shall be exempt from submission to or review by the Office of Administrative Law. These all-county letters or similar instructions shall have the same force and effect as regulations until the adoption of regulations no later than January 1, 2030. (i) Beginning in the 2011–12 fiscal year, and each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code. (Amended by Stats. 2025, Ch. 79, Sec. 24. (SB 119) Effective July 29, 2025.)
11461.1.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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The Legislature states an intent to ensure quality care for children in foster family homes, and directs the State Department of Social Services to work with specified groups on foster parent training, experience, retention, and foster home capacity.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11461.1. It is the intent of the Legislature to ensure quality care for children who are placed in foster family homes. Therefore, the State Department of Social Services is directed to work with counties, foster parent associations, representatives of the community colleges, representatives of foster youth organizations, legislative staff members, and other interested parties concerning training requirements, experience, and retention of foster parents and the capacity of foster homes. (Amended by Stats. 2001, Ch. 745, Sec. 245. Effective October 12, 2001.)
11461.3.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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This section creates the Approved Relative Caregiver Funding Program and sets payment rules for approved relative caregivers, including payment rates, eligibility conditions, overpayment recoupment, child support referral checks, and emergency regulation duties.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11461.3. (a) The Approved Relative Caregiver Funding Program is hereby established for the purpose of making the amount paid to an approved relative caregiver for the in-home care of children and nonminor dependents placed with them who are ineligible for AFDC-FC payments equal to the amount paid on behalf of children and nonminor dependents who are eligible for AFDC-FC payments. (b) Unless the child or nonminor dependent is eligible for a higher dual agency rate and supplement, if applicable, pursuant to Section 11464, the county with payment responsibility shall pay an approved relative caregiver a per child per month rate at the child’s or nonminor dependent’s assessed level of care, as set forth in subdivision (g) of Section 11461 and Section 11463, or on and after the date required by paragraph (9) of subdivision (h) of Section 11461, the rate developed pursuant to the Tiered Rate Structure established in subdivision (h) of Section 11461, as applicable, in return for the care and supervision, as defined in subdivision (b) of Section 11460, of the child or nonminor dependent if all of the following conditions are met: (1) The child or nonminor dependent resides in California. (2) The child or nonminor dependent is described by subdivision (b), (c), or (e) of Section 11401 and the county welfare department or the county probation department is responsible for the placement and care of the child or nonminor dependent. (3) The child or nonminor dependent is not eligible for AFDC-FC while placed with the approved relative caregiver because the child or nonminor dependent is not eligible for federal financial participation in the AFDC-FC payment. (c) Subdivision (b) shall not be interpreted to prevent a county from supplementing the payment made to the approved relative caregiver with any county optional program, including, but not limited to, a specialized care increment, as described in subdivision (e) of Section 11461, or a clothing allowance, as described in subdivision (f) of Section 11461. (d) Any income or benefits received by an eligible child or the approved relative caregiver on behalf of the eligible child or nonminor dependent that would be offset against the rate paid to a foster care provider shall be offset from any funds that are not CalWORKs funds paid to the approved relative caregiver pursuant to this section. (e) Counties shall recoup an overpayment in the Approved Relative Caregiver Funding Program received by an approved relative caregiver using the standards and processes for overpayment recoupment that are applicable to overpayments to an approved resource family, as specified in Section 11466.24. Recouped overpayments shall not be subject to remittance to the federal government. Any overpaid funds that are collected by the counties shall be remitted to the state after subtracting both of the following: (1) An amount not to exceed the county share of the CalWORKs portion of the Approved Relative Caregiver Funding Program payment, if any. (2) Any other county funds that were included in the Approved Relative Caregiver Funding Program payment. (f) To the extent permitted by federal law, payments received by the approved relative caregiver from the Approved Relative Caregiver Funding Program shall not be considered income for the purpose of determining other public benefits. (g) Prior to referral of any individual or recipient, or that person’s case, to the local child support agency for child support services pursuant to Section 17415 of the Family Code, the county human services agency shall determine if an applicant or recipient has good cause for noncooperation, as set forth in Section 11477.04. If the applicant or recipient claims good cause exception at any subsequent time to the county human services agency or the local child support agency, the local child support agency shall suspend child support services until the county social services agency determines the good cause claim, as set forth in Section 11477.04. If good cause is determined to exist, the local child support agency shall suspend child support services until the applicant or recipient requests their resumption, and shall take other measures that are necessary to protect the applicant or recipient and the children. If the applicant or recipient is the parent of the child for whom aid is sought and the parent is found to have not cooperated without good cause as provided in Section 11477.04, the applicant’s or recipient’s family grant shall be reduced by 25 percent for the time the failure to cooperate lasts. (h) Consistent with Section 17552 of the Family Code, if aid is paid under this chapter on behalf of a child who is under the jurisdiction of the juvenile court and whose parent or guardian is receiving reunification services, the county human services agency shall determine, prior to referral of the case to the local child support agency for child support services, whether the referral is in the best interest of the child, taking into account both of the following: (1) Whether the payment of support by the parent will pose a barrier to the proposed reunification in that the payment of support will compromise the parent’s ability to meet the requirements of the parent’s reunification plan. (2) Whether the payment of support by the parent will pose a barrier to the proposed reunification in that the payment of support will compromise the parent’s current or future ability to meet the financial needs of the child. (i) For purposes of this section, an “approved relative caregiver” includes a relative, as defined by paragraph (2) of subdivision (h) of Section 319, who has been approved as a resource family pursuant to Section 16519.5. (j) (1) Notwithstanding subdivision (b) and effective the first of the month following the date the department issues comprehensive policy, fiscal, and claiming instructions that will enable counties to implement this subdivision pending the establishment of a new aid code, if needed, a child or nonminor dependent placed out of state in the home of a relative shall be eligible for payment pursuant to this section under the following conditions: (A) The home of the relative is licensed or approved consistent with the requirements of the state in which the home is located. (B) The child is described by paragraphs (2) and (3) of subdivision (b). (C) All other eligibility conditions are met. (2) Payments made pursuant to this section shall be equal to, but not exceed, the foster care rate set by the rate-setting authority of the state in which the home is located, subject to any offset required pursuant to subdivision (d). (k) The department shall adopt emergency regulations implementing this section no later than January 1, 2023. The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, any emergency regulation previously adopted pursuant to this section. The initial adoption of regulations pursuant to this section and one readoption of 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 one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State, and each shall remain in effect for no more than 180 days, by which time final regulations shall be adopted. (l) Notwithstanding any other law, when the placement of a child with a relative, as defined by paragraph (2) of subdivision (h) of Section 319, has been authorized by the juvenile court and the placement is ineligible for both emergency caregiver funding pursuant to Section 11461.36 and AFDC-FC due to the denial of resource family approval, the placement shall be funded pursuant to the provisions of this section. (Amended by Stats. 2024, Ch. 46, Sec. 25. (AB 161) Effective July 2, 2024.)
11461.36.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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Counties must pay qualifying emergency caregivers a rate tied to the resource family basic level rate, subject to eligibility rules and available funds.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11461.36. (a) It is the intent of the Legislature to provide support to emergency caregivers, as defined in subdivision (c), who care for children and nonminor dependents before approval of an application under the Resource Family Approval Program or a tribally approved home. (b) For placements made on and after July 1, 2018, each county shall provide a payment equivalent to the resource family basic level rate of the home-based family care rate structure, pursuant to Section 11463, to an emergency caregiver on behalf of a child or nonminor dependent placed in the home of the caregiver pursuant to subdivision (d) of Section 309, Section 361.45, Section 727.05, or clause (i) of subparagraph (A) of paragraph (1) of subdivision (h) of Section 319, or based on a compelling reason pursuant to subdivision (e) of Section 16519.5, subject to the availability of state and federal funds pursuant to subdivision (e), if all of the following criteria are met: (1) The child or nonminor dependent is not otherwise eligible for AFDC-FC or the Approved Relative Caregiver Funding Program, pursuant to Section 11461.3, while placed in the home of the emergency caregiver. (2) The child or nonminor dependent resides in California. (3) The emergency caregiver has signed and submitted to the county an application for resource family approval or has initiated a tribally approved home process. (4) An application for the Emergency Assistance Program has been completed. (c) For purposes of this section, an “emergency caregiver” means an individual who has a pending resource family application filed with an appropriate agency on or after July 1, 2018, and who meets one of the following requirements: (1) The individual has been assessed pursuant to Section 361.4. (2) The individual has successfully completed the home environment assessment portion of the resource family approval pursuant to paragraph (2) of subdivision (d) of Section 16519.5. (d) The beginning date of aid for payments made pursuant to subdivision (b) shall be the date of placement. (e) Funding for payments made pursuant to subdivision (b) shall be as follows: (1) For emergency or compelling reason placements made during the 2018–19 fiscal year: (A) Payments shall be made to an emergency caregiver through the Emergency Assistance Program included in the state’s Temporary Assistance for Needy Families block grant. (B) The county shall be solely responsible for the nonfederal share of cost. (C) Notwithstanding subparagraphs (A) and (B), if the child or nonminor dependent is determined to be ineligible for the Emergency Assistance Program included in the state’s Temporary Assistance for Needy Families block grant, 70 percent of the cost of emergency payments made to the emergency caregiver shall be funded by the department and 30 percent shall be funded by the county. (D) Notwithstanding subparagraphs (A), (B), and (C), payments required to be provided pursuant to subdivision (b) shall not be eligible for the federal or state share of cost upon approval or denial of the resource family application, consistent with subdivision (g), beyond 180 days, or, if the conditions of subparagraph (E) are met, beyond 365 days, whichever occurs first. (E) The federal and state share of payment made pursuant to this paragraph shall be available beyond 180 days of payments, and up to 365 days of payments, if all of the following conditions are met: (i) On a monthly basis, the county has documented good cause for the delay in approving the resource family application that is outside the direct control of the county, which may include delays in processing background check clearances or exemptions, medical examinations, or delays that are based on the needs of the family. (ii) On a monthly basis, the deputy director or director of the county child welfare department, or their designee, has been notified of the delay in approving the resource family application and that notification is documented in the resource family approval file. (iii) On a monthly basis, the county provides to the department a list of the resource family applications that have been pending for more than 90 days and the reason for the delays. (2) For emergency or compelling reason placements made during the 2019–20 fiscal year: (A) Payments shall be made to an emergency caregiver through the Emergency Assistance Program included in the state’s Temporary Assistance for Needy Families block grant. (B) The county shall be solely responsible for the nonfederal share of cost. (C) Notwithstanding subparagraphs (A) and (B), if the child or nonminor dependent is determined to be ineligible for the Emergency Assistance Program included in the state’s Temporary Assistance for Needy Families block grant, 70 percent of the cost of emergency payments made to the emergency caregiver shall be funded by the department and 30 percent shall be funded by the county. (D) Notwithstanding subparagraphs (A), (B), and (C), payments required to be provided pursuant to subdivision (b) shall not be eligible for the federal or state share of cost upon approval or denial of the resource family application, consistent with subdivision (g), or beyond 120 days, whichever occurs first. (E) The federal and state share of payment made pursuant to this paragraph shall be available beyond 120 days of payments, and up to 365 days of payments, if all of the following conditions are met: (i) On a monthly basis, the county has documented good cause for the delay in approving the resource family application that is outside the direct control of the county, which may include delays in processing background check clearances or exemptions, medical examinations, or delays that are based on the needs of the family. (ii) On a monthly basis, the deputy director or director of the county child welfare department, or their designee, or the chief probation officer, or their designee, as applicable, has been notified of the delay in approving the resource family application and that notification is documented in the resource family approval file. (iii) On a monthly basis, the county provides to the department a list of the resource family applications that have been pending for more than 120 days and the reason for the delays. (3) For emergency or compelling reason placements made during the 2020–21 fiscal year: (A) Payments shall be made to an emergency caregiver through the Emergency Assistance Program included in the state’s Temporary Assistance for Needy Families block grant. (B) The county shall be solely responsible for the nonfederal share of cost. (C) Notwithstanding subparagraphs (A) and (B), if the child or nonminor dependent is determined to be ineligible for the Emergency Assistance Program included in the state’s Temporary Assistance for Needy Families block grant, 70 percent of the cost of emergency payments made to the emergency caregiver shall be funded by the department and 30 percent shall be funded by the county. (D) Notwithstanding subparagraphs (A), (B), and (C), payments required to be provided pursuant to subdivision (b) shall not be eligible for the federal or state share of cost upon approval or denial of the resource family application, consistent with subdivision (g), or beyond 120 days, whichever occurs first. (E) The federal and state share of payment made pursuant to this paragraph shall be available beyond 120 days of payments, and up to 365 days of payments, if all of the following conditions are met: (i) On a monthly basis, the county has documented good cause for delay in approving the resource family application that is outside the direct control of the county, which may include delays in processing background check clearances or exemptions, medical examinations, or delays that are based on the needs of the family. (ii) On a monthly basis, the deputy director or director of the county child welfare department, or their designees, or the chief probation officer, or their designee, as applicable, has been notified of the delay in approving the resource family application and that notification is documented in the resource family approval file. (iii) On a monthly basis, the county provides to the department a list of the resource family applications that have been pending for more than 120 days and the reasons for the delays. (F) The 365-day payment limitation pursuant to subparagraph (E) and accompanying rules and regulations is suspended through June 30, 2021, subject to guidance from the State Department of Social Services. (4) For emergency or compelling reason placements made during the 2021–22 fiscal year: (A) Payments shall be made to an emergency caregiver through the Emergency Assistance Program included in the state’s Temporary Assistance for Needy Families block grant. (B) The county shall be solely responsible for the nonfederal share of cost. (C) Notwithstanding subparagraphs (A) and (B), if the child or nonminor dependent is determined to be ineligible for the Emergency Assistance Program included in the state’s Temporary Assistance for Needy Families block grant, 70 percent of the cost of emergency payments made to the emergency caregiver shall be funded by the department and 30 percent shall be funded by the county. (D) Notwithstanding subparagraphs (A), (B), and (C), payments required to be provided pursuant to subdivision (b) shall not be eligible for the federal or state share of cost upon approval or denial of the resource family application, consistent with subdivision (g), or beyond 120 days, whichever occurs first. (E) Notwithstanding subparagraph (D), the federal and state share of payment made pursuant to this paragraph shall be available beyond 120 days of payments, and up to 365 days of payments, if all of the following conditions are met: (i) On a monthly basis, the county has documented good cause for delay in approving the resource family application that is outside the direct control of the county, which may include delays in processing background check clearances or exemptions, medical examinations, or delays that are based on the needs of the family. (ii) On a monthly basis, the deputy director or director of the county child welfare department, or their designees, or the chief probation officer, or their designee, as applicable, has been notified of the delay in approving the resource family application and that notification is documented in the resource family approval file. (iii) On a monthly basis, the county provides to the department a list of the resource family applications that have been pending for more than 120 days and the reasons for the delays. (5) For emergency or compelling reason placements made during the 2022–23 fiscal year, and each fiscal year thereafter: (A) Payments shall be made to an emergency caregiver through the Emergency Assistance Program included in the state’s Temporary Assistance for Needy Families block grant. (B) The county shall be solely responsible for the nonfederal share of cost. (C) Notwithstanding subparagraphs (A) and (B), if the child or nonminor dependent is determined to be ineligible for the Emergency Assistance Program included in the state’s Temporary Assistance for Needy Families block grant, 70 percent of the cost of the emergency payments made to the emergency caregiver shall be funded by the department and 30 percent shall be funded by the county. (D) Notwithstanding subparagraphs (A), (B), and (C), payments required to be provided pursuant to subdivision (b) shall not be eligible for the federal or state share of cost upon approval or denial of the resource family application, consistent with subdivision (g), or beyond 120 days, whichever occurs first. (E) Notwithstanding subparagraph (D), the federal and state share of payment made pursuant to this paragraph shall be available beyond 120 days of payments, and up to 365 days of payments, if all of the following conditions are met: (i) On a monthly basis, the county has documented good cause for delay in approving the resource family application that is outside the direct control of the county due to processing background check clearances or exemptions or medical examinations, delays in home or grounds improvements that are outside the control of the family or county, completion of specialized or individualized training required of the family that are beyond the basic resource family approval requirements, delays related to changes in the home environment resulting in the need for a new assessment, delays related to the time commitments required of the caregiver as a result of the child’s placement into foster care, delays as a result of the applicant exercising due process rights, or delays that are based on the needs of the family. (ii) On a monthly basis, the deputy director or director of the county child welfare department, or their designees, or the chief probation officer, or their designee, as applicable, has been notified of the delay in approving the resource family application and that notification is documented in the resource family approval file. (iii) On a monthly basis, the county provides to the department a list of the resource family applications that have been pending for more than 120 days, the reasons for the delays, and documentation supporting the good cause determination. (f) On and after the date required by paragraph (9) of subdivision (h) of Section 11461, and notwithstanding the rate described in subdivisions (b) and (l), the rate paid to an emergency caregiver on behalf of a child or nonminor dependent placed with the emergency caregiver shall be equivalent to, and paid in the same manner as, the rate developed pursuant to the Tiered Rate Structure, as established in paragraph (4) of subdivision (h) of Section 11461. (g) (1) If the application for resource family approval is approved, the funding source for the placement shall be changed to AFDC-FC or the Approved Relative Caregiver Funding Program, as appropriate and consistent with existing eligibility requirements. (2) If the application for resource family approval is denied, eligibility for funding pursuant to this section shall be terminated. (h) A county shall not be liable for any federal disallowance or penalty imposed on the state as a result of a county’s action in reliance on the state’s instruction related to implementation of this section. (i) (1) For the 2018–19 and 2019–20 fiscal years, the department shall determine, on a county-by-county basis, whether the timeframe for the resource family approval process resulted in net assistance costs or net assistance savings for assistance payments, pursuant to this section. (2) For the 2018–19 and 2019–20 fiscal years, the department shall also consider, on a county-by-county basis, the impact to the receipt of federal Title IV-E funding that may result from implementation of this section. (3) The department shall work with the California State Association of Counties to jointly determine the timeframe for subsequent reviews of county costs and savings beyond the 2019–20 fiscal year. (j) (1) The department shall monitor the implementation of this section, including, but not limited to, tracking the usage and duration of Emergency Assistance Program payments made pursuant to this section and evaluating the duration of time a child or nonminor dependent is in a home pending resource family approval. (2) The department may request information or data necessary to oversee the implementation of this section until data collection is available through automation. Pending the completion of automation, information or data collected manually shall be determined in consultation with the County Welfare Directors Association of California. (k) An appropriation shall not be made pursuant to Section 15200 for purposes of implementing this section. (l) (1) On and after July 1, 2019, each county shall provide a payment equivalent to the resource family basic level rate of the home-based family care rate structure, pursuant to Section 11463, on behalf of an Indian child, as defined in subdivision (a) of Section 224.1, placed in the home of the caregiver who is pending approval as a tribally approved home, as defined in subdivision (r) of Section 224.1, if all of the following criteria are met: (A) The placement is made pursuant to subdivision (d) of Section 309, Section 361.45, Section 727.05, or clause (i) of subparagraph (A) of paragraph (1) of subdivision (h) of Section 319. (B) The caregiver has been assessed pursuant to Section 361.4. (C) The child is not otherwise eligible for AFDC-FC or the Approved Relative Caregiver Funding Program, pursuant to Section 11461.3, while placed in the home of the caregiver. (D) The child resides in California. (E) The tribe or tribal agency has initiated the process for the home to become tribally approved. (F) An application for the Emergency Assistance Program has been completed by the placing agency. (2) The beginning date of aid for payments made pursuant to this subdivision shall be the date of placement. (3) The funding source for the placement shall be changed to AFDC-FC or the Approved Relative Caregiver Funding Program, as appropriate and consistent with existing eligibility requirements, when the caregiver is approved as a tribally approved home. If the approval is denied, payments made pursuant to this subdivision shall cease. (4) Subdivision (e) and subdivisions (h) to (k), inclusive, shall apply to payments made pursuant to this subdivision. (m) Notwithstanding the rulemaking provisions of 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 may implement and administer this section through an all-county letter or similar instructions, which shall include instructions regarding the eligibility standards for emergency assistance until regulations are adopted. (Amended by Stats. 2024, Ch. 656, Sec. 29. (AB 81) Effective September 27, 2024.)
11461.4.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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A qualifying tribe may join the program, but if it participates it must give written notice, meet participation conditions, and pay eligible approved relative caregivers under the section’s rate rules.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11461.4. (a) Notwithstanding any other law, a tribe that has entered into an agreement pursuant to Section 10553.1 may elect to participate in the Tribal Approved Relative Caregiver Funding Program. (b) (1) In return for the care and supervision of a child placed with an approved relative caregiver, a participating tribe shall pay the approved relative caregiver a per child per month rate that, when added to the tribal Temporary Aid to Needy Families (tribal TANF) benefit received by the approved relative caregiver on behalf of the child, shall equal the rate established for the child’s assessed level of care, as set forth in subdivision (g) of Section 11461 and in Section 11463, or, on and after the date required by paragraph (9) of subdivision (h) of Section 11461, the rate developed pursuant to the Tiered Rate Structure, as established in subdivision (h) of Section 11461, as applicable. (2) Payments made pursuant to paragraph (1) shall be made only if all of the following conditions exist: (A) The tribe has notified the department in writing of its decision to participate in the program, consistent with subdivision (c). (B) The child has been removed from the parent or guardian and has been placed into the placement and care responsibility of the tribal child welfare agency pursuant to a voluntary placement agreement or by the tribal court, consistent with the tribe’s Title IV-E agreement. (C) The child resides within California. (D) The caregiver is receiving tribal TANF payments, or an application for tribal TANF has been made, on behalf of the child. (E) The child is not eligible for AFDC-FC while placed with the approved relative caregiver because the child is not eligible for federal financial participation in the AFDC-FC payment. (3) Any income or benefits received by an eligible child, or by the approved relative caregiver on behalf of an eligible child, which would be offset against a payment made to a foster care provider, shall be offset from the amount paid by the tribe under the program. This paragraph shall not apply to any tribal TANF payments received on behalf of an eligible child. (4) An approved relative caregiver receiving payments on behalf of a child pursuant to this section shall not be eligible to receive CalWORKs payments on behalf of the same child under Section 11450. (5) To the extent permitted by federal law, payments received by the approved relative caregiver from the program shall not be considered income for the purpose of determining other public benefits. (6) Paragraph (1) shall not be interpreted to prevent any participating tribe from supplementing the payment made to the approved relative caregiver with any tribal optional program, including, but not limited to, a specialized care increment or a clothing allowance. (c) A tribe electing to participate in the program shall notify the department of that fact in writing at least 60 days prior to the date the tribe will begin participation. As a condition of participation, the tribe shall do all of the following: (1) Provide to the department the tribal TANF maximum aid payment (MAP) rate in effect at the time that the tribe elects to participate in the program, consistent with the tribe’s approved tribal TANF plan. (2) Agree to recoup overpayments to an approved relative caregiver utilizing the standards for determining whether an overpayment is recoupable, and the processes for overpayment recoupment, that are applicable to overpayments as described in the tribe’s Title IV-E agreement entered into pursuant to Section 10553.1. (3) Agree to make child support referrals for program cases, consistent with processes applied by the tribe to Title IV-E program cases. (d) The following funding shall be used for the program: (1) The tribe’s applicable per-child tribal TANF grant. (2) General Fund resources specified in the annual Budget Act. (e) For the purposes of this section, the following definitions apply: (1) “Program” means the Tribal Approved Relative Caregiver Funding Program established in this section. (2) “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, or as otherwise established consistent with the tribe’s Title IV-E agreement. (3) “Tribe” means a federally-recognized Indian tribe, consortium of tribes, or tribal organization with an agreement pursuant to Section 10553.1. (Amended by Stats. 2024, Ch. 46, Sec. 27. (AB 161) Effective July 2, 2024.)
11461.5.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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The department may set a supplemental rate for additional shelter needs for certain AFDC-FC children, must develop regulations for that rate, and must seek state plan funding approval; implementation depends on a director’s declaration and federal funding approval.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11461.5. (a) The department may establish a rate to supplement the basic rate specified in subdivision (a) of Section 11461 for the provision of additional shelter needs for AFDC-FC children who are placed in out-of-home care with their siblings. (b) The department shall develop regulations for the rate specified in subdivision (a). (c) The department shall amend the state plan to receive appropriate funding from the federal government, for implementation of this section, under Title IV-E of the federal Social Security Act, Part E (commencing with Section 670) of Subchapter 4 of Chapter 7 of Title 42 of the United States Code. The plan amendment shall be submitted within 90 days of notification that federal funds are available for the purposes of this section. (d) Subdivisions (a) and (b) shall be implemented only if, and upon the date that, the director executes a declaration, that shall be retained by the director, stating that the director has determined that the federal government has approved the state plan amendments required by subdivision (c), and federal funding in accordance with those state plan amendments becomes available. (Added by Stats. 1994, Ch. 663, Sec. 3. Effective January 1, 1995.)
11461.6.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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This section creates the Emergency Child Care Bridge Program for Foster Children and lets counties participate in administering it.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11461.6. (a) The Emergency Child Care Bridge Program for Foster Children is hereby established, to be implemented at the discretion of each county, for the purpose of stabilizing foster children with families at the time of placement by providing a time-limited payment or voucher for childcare following the child’s placement, or for a child whose parent is in foster care, and by providing the family with a childcare navigator to assist the family in accessing long-term subsidized childcare. (b) The Emergency Child Care Bridge Program for Foster Children shall be administered by county welfare departments that choose to participate in the program. (c) (1) As determined by the county welfare department, and consistent with guidance issued by the State Department of Social Services, counties may establish local priorities and may either provide payment directly to the family or childcare provider, or contract with a local alternative payment program to distribute vouchers for childcare. (2) If the market rate survey is used to set reimbursement rates, counties that elect to provide payment directly to a family or childcare provider shall pay commensurate with the regional market rates, as described in Section 10374.5. (3) The market rate survey is used to set reimbursement rates, counties that elect to contract with a local alternative payment agency, as described in Section 10225, to distribute childcare vouchers, the vouchers shall be in an amount commensurate with the regional market rates, as described in Section 10374.5, and the contract shall not displace, or result in the reduction of, an existing contract with a current local alternative payment program. (d) (1) Participating county welfare departments shall determine eligibility of a child for the Emergency Child Care Bridge Program for Foster Children using the criteria outlined in paragraphs (2) and (3). (2) Family placements eligible to receive payment or a voucher for childcare include both of the following: (A) Approved resource families, as described in Section 16519.5 of this code and Section 1517 of the Health and Safety Code, and families that have a child placed with them in an emergency or for a compelling reason, as described in Section 16519.5. (B) Parents under the jurisdiction of the juvenile court, including, but not limited to, nonminor dependent parents. (3) A participating county welfare department may provide a payment or voucher if work or school responsibilities preclude resource families from providing care when the child for whom they have care and responsibility is not in school or for periods when the family, as described in paragraph (2), is required to participate, without the child, in activities associated with parenting a child that are beyond the scope of ordinary parental duties, including, but not limited to, attendance at administrative or judicial reviews, case conferences, and family training. (e) Each child receiving a monthly childcare payment or voucher shall be provided with a childcare navigator, pursuant to paragraph (5) of subdivision (a) of Section 10219, who shall work directly with the child’s family, social worker, and the child and family team to assist in accessing childcare at the time of placement as well as long-term, subsidized childcare for the child, as necessary. (f) Each child receiving a monthly childcare payment or voucher shall be eligible to receive the payment or voucher for up to six months. If the child and family access long-term, subsidized childcare prior to the end of the six-month period covered by the payment or voucher, eligibility for the monthly payment or voucher shall terminate upon enrollment in long-term, subsidized childcare. (g) (1) Eligibility for the monthly payment or voucher may be extended beyond the initial six-month period for an additional six-month period, not to exceed 12 months in total, at the discretion of the county welfare department, if the child and family have been unable to access long-term, subsidized childcare during the initial six-month period. (2) Notwithstanding paragraph (1), the county welfare department may extend eligibility for the monthly payment or voucher beyond 12 months based on a compelling reason that may include, but is not limited to, the inability of the foster child to successfully transition to other subsidized childcare, the loss of the payment or voucher would jeopardize a successful reunification or permanency plan, or other reasons authorized pursuant to guidance issued by the department, with input from stakeholders. This paragraph shall become operative September 1, 2022. (h) The department shall seek all federal approvals necessary to claim federal reimbursement under Title IV-E of the federal Social Security Act in order to maximize state and local funding for childcare. (i) This section shall not be interpreted to create an entitlement to a childcare payment or voucher. (j) The program established pursuant to this section is intended to complement county child welfare agency efforts to recruit, retain, and support resource families as described in Section 16003.5, and any funding provided to counties pursuant to this section shall supplement those county activities to support the goals of Chapter 773 of the Statutes of 2015 and Chapter 612 of the Statutes of 2016. (Amended by Stats. 2023, Ch. 41, Sec. 21. (AB 116) Effective July 10, 2023.)
11462.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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The department must develop and set up a payment-rate system for short-term residential therapeutic program placements, and it may provide one-time reimbursement for accreditation fees.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11462. (a) The department shall commence development of a new payment structure for short-term residential therapeutic program placements claiming Title IV-E funding, in consultation with county placing agencies and providers. (b) The department shall develop a rate system that includes consideration of all of the following factors: (1) Core services, made available to children and nonminor dependents either directly or secured through formal agreements with other agencies, which are trauma informed and culturally relevant and include: (A) Specialty mental health services for children who meet medical necessity criteria for specialty mental health services under the Medi-Cal Early and Periodic Screening, Diagnostic, and Treatment program. (B) Transition support services for children, youth, and families upon initial entry and placement changes and for families who assume permanency through reunification, adoption, or guardianship. (C) Educational and physical, behavioral, and mental health supports, including extracurricular activities and social supports. (D) Activities designed to support transition-age youth and nonminor dependents in achieving a successful adulthood. (E) Services to achieve permanency, including supporting efforts to reunify or achieve adoption or guardianship and efforts to maintain or establish relationships with parents, siblings, extended family members, tribes, or others important to the child or youth, as appropriate. (F) When serving Indian children, as defined in subdivisions (a) and (b) of Section 224.1, the core services described in subparagraphs (A) to (E), inclusive, which shall be provided to eligible children consistent with active efforts pursuant to Section 361.7. (G) (i) Facilitating the identification and, as needed, the approval of resource families pursuant to Section 16519.5, for the purpose of transitioning children and youth to family-based care. (ii) If a short-term residential therapeutic program elects to approve and monitor resource families directly, the program shall comply with all laws applicable to foster family agencies, including, but not limited to, those set forth in the Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code). (iii) For short-term residential therapeutic programs that elect to approve and monitor resource families directly, the department shall have all the same duties and responsibilities as those programs have for licensed foster family agencies, as set forth in applicable law, including, but not limited to, those set forth in the Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code). (2) The core services specified in subparagraphs (A) to (G), inclusive, of paragraph (1) are not intended to duplicate services already available to foster children in the community, but to support access to those services and supports to the extent they are already available. Those services and supports may include, but are not limited to, foster youth services available through county offices of education, Indian Health Services, or school-based extracurricular activities. (3) Specialized and intensive treatment supports that encompass the elements of nonmedical care and supervision necessary to meet a child’s or youth’s safety and other needs that cannot be met in a family-based setting. (4) Staff training. (5) Health and Safety Code requirements. (6) Accreditation that includes: (A) Provision for all licensed short-term residential therapeutic programs to obtain and maintain in good standing accreditation from a nationally recognized accreditation agency, as identified by the department, with expertise in programs for children or youth group care facilities, as determined by the department. (B) Promulgation by the department of information identifying that agency or agencies from which accreditation shall be required. (C) Provision for timely reporting to the department of any change in accreditation status. (D) Provision for reduction or revocation of the rate in the event of the suspension, lapse, revocation, or other loss of accreditation, or failure to provide proof of that accreditation to the department upon request. (7) Mental health certification, including a requirement to timely report to the department any change in mental health certificate status. (8) Maximization of federal financial participation under Title IV-E and Title XIX of the Social Security Act. (c) The department shall establish rates pursuant to subdivisions (a) and (b) commencing January 1, 2017. The rate structure shall include an interim rate, a provisional rate for new short-term residential therapeutic programs, and a probationary rate. The department may issue a one-time reimbursement for accreditation fees incurred after August 1, 2016, in an amount and manner determined by the department in written directives. (1) (A) Unless the Tiered Rate Structure established in subdivision (h) of Section 11461 applies to a child or nonminor dependent, initial interim rates developed pursuant to this section shall be effective January 1, 2017, to December 31, 2028, inclusive, or 24 months from the date required by paragraph (9) of subdivision (h) of Section 11461, whichever is later. (B) The initial interim rates developed pursuant to this paragraph shall not be lower than the rates proposed as part of the Governor’s 2016 May Revision. (C) The initial interim rates set forth in written directives or regulations pursuant to paragraph (3) shall become inoperative on January 1, 2029, inclusive, or 24 months after the date required by paragraph (9) of subdivision (h) of Section 11461, whichever is later. (2) Consistent with Section 11466.01, for provisional and probationary rates, the following shall be established: (A) Terms and conditions, including the duration of the rate. (B) An administrative review process for rate determinations, including denials, reductions, and terminations. (C) An administrative review process that includes a departmental review, corrective action, and a protest with the department. Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), this process shall be disseminated by written directive pending the promulgation of regulations. (3) Notwithstanding the rulemaking provisions of 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 initial interim rates, provisional rates, and probationary rates and the manner in which they are determined shall be set forth in written directives until regulations are adopted. (d) The department shall develop a system of governmental monitoring and oversight that shall be carried out in coordination with the State Department of Health Care Services. Oversight responsibilities shall include, but not be limited to, ensuring conformity with federal and state law, including program, fiscal, and health and safety audits and reviews. The state agencies shall attempt to minimize duplicative audits and reviews to reduce the administrative burden on providers. (e) (1) Notwithstanding the rates established pursuant to subdivisions (a) to (c), inclusive, the care and supervision rate paid on behalf of a child or nonminor dependent placed in a short-term residential therapeutic program on or after the date required by paragraph (9) of subdivision (h) of Section 11461 shall be based on the Tiered Rate Structure established in subdivision (h) of Section 11461. (2) Provided all federal and state rate and licensing requirements are met, the per child per month care and supervision rate, as set forth in paragraph (3) of subdivision (h) of Section 11461, for a child or nonminor dependent placed in a short-term residential therapeutic program shall include a rate, according to the child’s or nonminor dependent’s tier, as determined by the child’s or nonminor dependent’s periodic IP-CANS assessment, for administrative and other activities described in paragraphs (1) and (2) of subdivision (b) of Section 11460, according to the following tiered schedule: Tier 1: $1610 Tier 2: $2634 Tier 3: $2634 [Ages 0-5] Tier 3+: $7213 [Ages 6+] (3) Beginning July 1, 2028, and on July 1 of each fiscal year thereafter, the rate set forth in paragraph (2), shall be adjusted by the annual percentage change in the California Necessities Index applicable to the calendar year within which each July 1 occurs. (4) In addition to the care and supervision rate, provided a short-term residential therapeutic program is certified by the department as an immediate needs provider, a presumption exists that the placing agency will contract with the short-term therapeutic residential program to provide services and supports using the Immediate Needs Funding for a child who is eligible for the Immediate Needs Program established in Section 16562, and who is placed in the short-term residential therapeutic residential program, unless the placing agency determines it is in the best interest of the child to receive services and supports from another certified Immediate Needs Provider. (5) Notwithstanding the rulemaking provisions of 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 may implement, interpret, or make specific this subdivision by means of all-county letters or similar written instructions, which shall be exempt from submission to or review by the Office of Administrative Law. These all-county letters or similar instructions shall have the same force and effect as regulations until the adoption of regulations no later than January 1, 2030. (Amended by Stats. 2024, Ch. 46, Sec. 28. (AB 161) Effective July 2, 2024.)
11462.01.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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Short-term residential therapeutic programs and certain foster family agencies must meet mental health approval, assessment, documentation, and placement rules for children and youth in care.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11462.01. (a) (1) If a program will admit Medi-Cal beneficiaries, no later than 12 months following the date of initial licensure, a short-term residential therapeutic program, as defined in subdivision (ad) of Section 11400 of this code and paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code, shall obtain a contract, subject to an agreement on rates and terms and conditions, with a county mental health plan to provide specialty mental health services and demonstrate the ability to meet the therapeutic needs of each child, as identified in any of the following: (A) A mental health assessment. (B) The child’s case plan. (C) The child’s needs and services plan. (D) The assessment of a qualified individual, as defined in subdivision (l) of Section 16501. (E) Other documentation demonstrating the child has a mental health need. (2) A short-term residential therapeutic program shall comply with any other mental health program approvals required by the State Department of Health Care Services or by a county mental health plan to which mental health program approval authority has been delegated. (b) A short-term residential therapeutic program, except as specified in subdivision (c), may accept for placement a child who meets both of the criteria in paragraphs (1) and (2) and at least one of the conditions in paragraph (3). (1) The child does not require inpatient care in a licensed health facility. (2) The child has been assessed as requiring the level of services provided in a short-term residential therapeutic program in order to maintain the safety and well-being of the child or others due to behaviors, including those resulting from traumas, that render the child or those around the child unsafe or at risk of harm, or that prevent the effective delivery of needed services and supports provided in the child’s own home or in other family settings, such as with a relative, guardian, foster family, resource family, or adoptive family. The assessment shall ensure the child has needs in common with other children or youth in the care of the facility, consistent with subdivision (c) of Section 16514. (3) The child meets at least one of the following conditions: (A) The child has been assessed, pursuant to Section 4096, as meeting the medical necessity criteria for Medi-Cal specialty mental health services, as provided for in Section 1830.205 or 1830.210 of Title 9 of the California Code of Regulations. (B) The child has been assessed, pursuant to Section 4096, as seriously emotionally disturbed, as defined in subdivision (a) of Section 5600.3. (C) The child requires emergency placement pursuant to paragraph (3) of subdivision (h). (D) The child has been assessed, pursuant to Section 4096, as requiring the level of services provided by the short-term residential therapeutic program in order to meet the child’s behavioral or therapeutic needs. (4) Subject to the requirements of this subdivision, a short-term residential therapeutic program may have a specialized program to serve a child, including, but not limited to, the following: (A) A commercially sexually exploited child. (B) A private voluntary placement, if the youth exhibits status offender behavior, the parents or other relatives feel they cannot control the child’s behavior, and short-term intervention is needed to transition the child back into the home. (C) A juvenile sex offender. (D) A child who is affiliated with, or impacted by, a gang. (c) (1) A short-term residential therapeutic program that is operating as a children’s crisis residential program, as defined in Section 1502 of the Health and Safety Code, may accept for admission any child who meets all of the requirements set forth in paragraph (3) of subdivision (c) of Section 11462.011 and subdivisions (a) to (e), inclusive, of Section 4096. (2) The primary function of a children’s crisis residential program is to provide short-term crisis stabilization, therapeutic intervention, and specialized programming in an unlocked, staff-secured setting with a high degree of supervision and structure and the goal of supporting the rapid and successful transition of the child back to the community. (d) A foster family agency that is certified as a Medi-Cal specialty mental health provider pursuant to Section 1810.435 of Title 9 of the California Code of Regulations by the State Department of Health Care Services, or by a county mental health plan to which the department has delegated certification authority, and which has entered into a contract with a county mental health plan pursuant to Section 1810.436 of Title 9 of the California Code of Regulations, shall provide, or provide access to, specialty mental health services to children under its care who do not require inpatient care in a licensed health facility and who meet the medical necessity criteria for Medi-Cal specialty mental health services provided for in Section 1830.205 or 1830.210 of Title 9 of the California Code of Regulations. (e) A foster family agency that is not certified as a Medi-Cal specialty mental health provider shall provide access to specialty and mental health services and other services in that program for children who do not require inpatient care in a licensed health facility and who meet any of the conditions in paragraph (3) of subdivision (b). In this situation, the foster family agency shall do the following: (1) In the case of a child who is a Medi-Cal beneficiary, arrange for specialty mental health services from the county mental health plan. (2) In all other cases, arrange for the child to receive mental health services. (f) All short-term residential therapeutic programs shall maintain the level of care and services necessary to meet the needs, including the assessed needs and child-specific goals identified by a qualified individual pursuant to subdivision (g) of Section 4096, as applicable, of the children and youth in their care and shall maintain and have in good standing the appropriate mental health program approval. If a program will admit Medi-Cal beneficiaries, the short-term residential therapeutic program shall obtain a certification to provide Medi-Cal specialty mental health services issued by the State Department of Health Care Services or a county mental health plan to which the department has delegated mental health program approval authority, pursuant to Section 4096.5 of this code or Section 1810.435 or 1810.436 of Title 9 of the California Code of Regulations. All foster family agencies that are certified as a Medi-Cal specialty mental health provider pursuant to Section 1810.435 of Title 9 of the California Code of Regulations shall maintain the level of care and services necessary to meet the needs of children and youth in their care and shall maintain and have in good standing the Medi-Cal specialty mental health provider certification issued by the State Department of Health Care Services or a county mental health plan to which the department has delegated certification authority. (g) The assessments described in subparagraphs (A), (B), (C), and (D) of paragraph (3) of subdivision (b) shall ensure the child’s individual behavioral or treatment needs are consistent with, and can be met by, the facility and shall be made by one of the following, as applicable: (1) An interagency placement committee, as described in Section 4096, considering the recommendations from the child and family team. If the short-term residential therapeutic program serves children who are placed by county child welfare agencies and children who are placed by probation departments, the interagency placement committee shall also ensure the requirements of subdivision (c) of Section 16514 have been met with respect to commonality of need. (2) A licensed mental health professional as defined in subdivision (j) of Section 4096. (3) An individualized education program team. For the purposes of this section, an AFDC-FC funded child with an individualized education program developed pursuant to Article 2 (commencing with Section 56320) of Chapter 4 of Part 30 of Division 4 of Title 2 of the Education Code that assesses the child as seriously emotionally disturbed, as defined in, and subject to, this section and recommends out-of-home placement at the level of care provided by the provider, shall be deemed to have met the assessment requirement. (4) A qualified individual, as defined in subdivision (l) of Section 16501. (h) (1) The short-term residential therapeutic program shall maintain documentation of the assessments required pursuant to Section 4096 for AFDC-FC funded children, except as provided for in paragraph (3) of subdivision (g). The short-term residential therapeutic program shall inform the department if the county placing agency does not provide the documentation. (2) The approval shall be in writing and shall indicate that the interagency placement committee has determined one of the following: (A) The child meets the medical necessity criteria for Medi-Cal specialty mental health services, as provided for in Section 1830.205 or 1830.210 of Title 9 of the California Code of Regulations. (B) The child is seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3. (3) (A) Nothing in subdivisions (a) to (g), inclusive, or this subdivision shall prevent an emergency placement of a child or youth into a certified short-term residential therapeutic program prior to the determination by the interagency placement committee, but only if a licensed mental health professional, as defined in subdivision (j) of Section 4096, has made a written determination within 72 hours of the child’s or youth’s placement, that the child or youth requires the level of services and supervision provided by the short-term residential therapeutic program in order to meet their behavioral or therapeutic needs. If the short-term residential therapeutic program serves children placed by county child welfare agencies and children placed by probation departments, the interagency placement committee shall also ensure the requirements of subdivision (c) of Section 16514 have been met with respect to commonality of need. (i) The interagency placement committee, as appropriate, shall, within 30 days of placement, make the determinations, with recommendations from the child and family team, required by this subdivision. (ii) If it determines the placement is appropriate, the interagency placement committee, with recommendations from the child and family team, shall transmit the approval, in writing, to the county placing agency and the short-term residential therapeutic program. (iii) If it determines the placement is not appropriate, the interagency placement committee shall respond pursuant to subparagraph (B). (B) (i) If the interagency placement committee determines at any time that the placement is not appropriate, it shall, with recommendations from the child and family team, transmit the disapproval, in writing, to the county placing agency and the short-term residential therapeutic program and shall include a recommendation as to the child’s appropriate level of care and placement to meet the child’s service needs. The necessary interagency placement committee representative or representatives shall participate in any child and family team meetings to refer the child or youth to an appropriate placement, as specified in this section. (ii) The child may remain in the placement for the amount of time necessary to identify and transition the child to an alternative, suitable placement. On and after October 1, 2021, federal AFDC-FC shall not be used to fund the placement for more than 30 days from the date that the qualified individual or interagency placement committee determined that the placement is no longer recommended or the court disapproved the placement. (iii) Notwithstanding clause (ii), if the interagency placement committee determined the placement was not appropriate due to a health and safety concern, immediate arrangements for the child to transition to an appropriate placement shall occur. (i) Commencing January 1, 2017, for AFDC-FC funded children or youth, only those children or youth who are approved for placement, as set forth in this section, may be accepted by a short-term residential therapeutic program. (j) The department shall, through regulation, establish consequences for the failure of a short-term residential therapeutic program to obtain written approval for placement of an AFDC-FC funded child or youth pursuant to this section. (k) The department shall not establish a rate for a short-term residential therapeutic program unless the provider submits a recommendation from the host county or the primary placing county that the program is needed and that the provider is willing and capable of operating the program at the level sought. For purposes of this subdivision, “host county,” and “primary placing county,” mean the same as defined in the department’s AFDC-FC ratesetting regulations. (l) Any short-term residential therapeutic program shall be reclassified and paid at the appropriate program rate for which it is qualified if any of the following occur: (1) (A) It fails to maintain the level of care and services necessary to meet the needs of the children and youth in care, as required by subdivision (a). The determination shall be made consistent with the department’s AFDC-FC ratesetting regulations developed pursuant to Section 11462. (B) In the event of a determination under this paragraph, the short-term residential therapeutic program may appeal the finding or submit a corrective action plan. The appeal process specified in Section 11466.6 shall be available to a short-term residential therapeutic program. During any appeal, the short-term residential therapeutic program shall maintain the appropriate level of care. (2) It fails to maintain a mental health treatment program as required by subdivision (f). (3) It fails to timely obtain or maintain accreditation as required by state law or fails to provide proof of that accreditation to the department upon request. (m) In addition to any other review required by law, the child and family team as defined in paragraph (4) of subdivision (a) of Section 16501 may periodically review the placement of the child or youth. If the child and family team make a recommendation that the child or youth no longer needs, or is not benefiting from, placement in a short-term residential therapeutic program, the team shall transmit the disapproval, in writing, to the county placing agency to consider a more appropriate placement. (n) The department shall develop a process to address placements when, subsequent to the child’s or youth’s placement, a determination is made by the interagency placement team and shall consider the recommendations of the child and family team, either that the child or youth is not in need of the care and services provided by the certified program. The process shall include, but not be limited to: (1) Notice of the determination in writing to both the county placing agency and the short-term residential therapeutic program or foster family agency that provides intensive and therapeutic treatment. (2) Notice of the county’s plan, and a timeframe, for removal of the child or youth in writing to the short-term residential therapeutic program that provides intensive and therapeutic treatment. (3) Referral to an appropriate placement. (4) Actions to be taken if a child or youth is not timely removed from the short-term residential therapeutic program that provides intensive and therapeutic treatment or placed in an appropriate placement. (o) (1) Nothing in this section shall prohibit a short-term residential therapeutic program from accepting private admissions of children or youth. (2) When a referral is not from a public agency and public funding is not involved, there is no requirement for public agency review or determination of need. (3) Children and youth subject to paragraphs (1) and (2) shall have been determined to be seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, and subject to Section 1502.4 of the Health and Safety Code, by a licensed mental health professional, as defined in subdivision (j) of Section 4096. (Amended by Stats. 2024, Ch. 46, Sec. 29. (AB 161) Effective July 2, 2024.)
11462.011.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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The department must set program standards, provide guidance and due process protections, and start the approval process on the stated schedule. Children’s crisis residential programs face use limits, admission rules, notice requirements, and possible enforcement actions if noncompliant.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11462.011. (a) The State Department of Health Care Services shall, in consultation with the Department of Managed Health Care, the State Department of Social Services, the County Behavioral Health Directors Association of California, the County Welfare Directors Association of California, the Chief Probation Officers of California, provider representatives, and other relevant stakeholders, establish program standards and procedures for oversight, enforcement, and issuance of children’s crisis residential mental health program approvals, including provisional approvals that are effective for a period of less than one year. The State Department of Health Care Services shall also establish due process protections related to the children’s crisis residential mental health program approval process. (b) The State Department of Health Care Services shall, in collaboration with the department, the County Behavioral Health Directors Association of California, provider representatives, and other relevant stakeholders, provide guidance to counties for the provision of children’s crisis residential services, including funding for children who are Medi-Cal beneficiaries and who are admitted to a children’s crisis residential program. This subdivision shall only be implemented to the extent that any necessary federal approvals are obtained and federal financial participation is available and is not otherwise jeopardized. (c) (1) The children’s crisis residential program shall be used only as a diversion to admittance to a psychiatric hospital. (2) (A) The length of the initial authorization for admission to a children’s crisis residential program shall be limited to 10 consecutive days. (B) If a determination is made by a health care professional that a children’s crisis residential program is medically necessary and is the appropriate continued level of care, either of the following shall occur: (i) In the case of a Medi-Cal beneficiary, the children’s crisis residential program shall notify the county mental health plan authorizing those services before extending the length of stay beyond 10 consecutive days. (ii) In the case of non-Medi-Cal beneficiaries, reauthorizations for admission shall be obtained using the process established by the entity providing coverage. (C) With the exception of clause (ii) of subparagraph (B), this paragraph shall be implemented only to the extent that any necessary federal approvals are obtained and the State Department of Health Care Services determines, in its sole discretion, that federal financial participation is not jeopardized. (3) A children’s crisis residential program may accept for admission any child who meets all of the following requirements: (A) The child is referred by a parent or guardian, physician, or licensed mental health professional, or by the representative of a public or private entity, including, but not limited to, the county probation agency or child welfare services agency with responsibility for the placement of a child in foster care, that has the right to make these decisions on behalf of a child who is in mental health crisis. (B) The child is under 19, 20, or 21 years of age, depending on a program’s licensing requirements. (C) The child has a serious behavioral health disorder. (D) The child requires a 24-hours-a-day, seven-days-a-week, staff-secured, unlocked treatment setting. (d) A children’s crisis residential mental health program approval issued by the State Department of Health Care Services, or a county mental health plan to which the department has delegated approval authority, shall be a condition of continued licensure for a short-term residential therapeutic program operating as a children’s crisis residential program. (e) The State Department of Health Care Services, or a county mental health plan to which the department has delegated approval authority, may enforce the children’s crisis residential mental health program approval standards by taking any of the following actions against a noncompliant children’s crisis residential program: (1) Suspend or revoke a children’s crisis residential mental health program approval. (2) Impose monetary penalties. (3) Place a children’s crisis residential mental health program on probation. (4) Require a children’s crisis residential mental health program to prepare and comply with a corrective action plan. (f) The State Department of Health Care Services, or a county mental health plan to which the department has delegated approval authority, shall provide a children’s crisis residential mental health program with due process protections when taking any of the actions described in subdivision (e). (g) Contingent upon an appropriation in the annual Budget Act for these purposes, the department shall begin implementation of this section no later than July 1, 2018, and shall commence the operation of the approval process for children’s crisis residential mental health program approvals no later than January 1, 2019. (Amended by Stats. 2018, Ch. 910, Sec. 36. (AB 1930) Effective January 1, 2019.)
11462.02.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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County-operated foster family agencies and group homes must meet foster family agency or short-term residential therapeutic program requirements to get AFDC-FC funds, and counties that choose to operate these programs must apply, comply with listed laws, and follow conflict-of-interest plan rules.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11462.02. (a) Any existing county-operated foster family agency or group home, including the group home operated by the County of San Mateo, shall, commencing January 1, 2017, be classified as, and shall meet all of the requirements of, a foster family agency or a short-term residential therapeutic program, as defined respectively in subdivisions (g) and (ad) of Section 11400, to be eligible to receive AFDC-FC funds. (b) Notwithstanding any other law, the State Department of Social Services may license a county as a foster family agency or as a short-term residential therapeutic program. (c) If a county exercises its option to operate a foster family agency or a short-term residential therapeutic program, the county shall submit an application and shall comply with the requirements of Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code related to foster family agency programs or a short-term residential therapeutic program, as applicable. (d) A county that requests, and is granted, a license for a foster family agency or short-term residential therapeutic program shall apply for an AFDC-FC rate pursuant to Section 11462 or 11463, as applicable. (e) As a condition for eligibility for an AFDC-FC rate for a short-term residential therapeutic program or a foster family agency, the county shall comply with all applicable law concerning a short-term residential therapeutic program or foster family agency, including, but not limited to, the following provisions related to licensing, rate, audit, due process, enforcement, and overpayment collection: (1) Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code. (2) Article 10 (commencing with Section 360) of Chapter 2 of Part 1 of Division 2 of this code. (3) Article 18 (commencing with Section 725) of Chapter 2 of Part 1 of Division 2 of this code. (4) Article 22 (commencing with Section 825) of Chapter 2 of Part 1 of Division 2 of this code. (5) Article 5 (commencing with Section 11400) of Chapter 2 of Part 3 of Division 9 of this code. (6) Article 6 (commencing with Section 11450) of Chapter 2 of Part 3 of Division 9 of this code. (f) The state is not obligated under Section 36 of Article XIII of the California Constitution to provide any annual funding to a county to comply with this section; with any regulation, executive order, or administrative order implementing this section; or with any federal statute or regulation related to this section, because the county’s operation of a licensed short-term residential therapeutic program or foster family agency is optional for the county and is not required by this section. (g) Counties licensed to operate a foster family agency or short-term residential therapeutic program shall, as a condition to receiving payment, ensure that its conflict-of-interest mitigation plan, submitted to the department pursuant to subdivision (d) of Section 1506.1 and subdivision (d) of Section 1562.01 of the Health and Safety Code, addresses, but is not limited to, the following: (1) A decision to place children and youth in a county-operated facility when alternative appropriate placement options exist. (2) The reporting by county staff to the department or other agencies of observed noncompliant conditions or health and safety concerns in county-operated foster family agencies or short-term residential therapeutic programs. (3) The cross-reporting of reports received from mandatory child abuse and neglect reporters involving county-operated foster family agencies and short-term residential therapeutic programs. (4) Disclosures of fatalities and near fatalities of children placed in county-operated foster family agencies and short-term residential therapeutic programs. (h) This section shall become operative on January 1, 2017. (Amended (as added by Stats. 2015, Ch. 773, Sec. 78) by Stats. 2016, Ch. 612, Sec. 93. (AB 1997) Effective January 1, 2017.)
11462.022.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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County child welfare agencies and temporary shelter care facilities must follow placement, screening, supervision, reporting, and service-planning rules for children in temporary shelter care.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11462.022. (a) Upon meeting the licensure requirements pursuant to Section 1530.8 of the Health and Safety Code, a county child welfare agency operating a temporary shelter care facility, as defined in Section 1530.8 of the Health and Safety Code, shall comply with this section. (b) Prior to detaining the child in the temporary shelter care facility, the child welfare agency shall make reasonable efforts, consistent with current law, to place the child with a relative, tribal member, nonrelative extended family member, approved resource family, or in the case of an Indian child, an extended family member as described in paragraph (1) of subdivision (c) of Section 224.1 or a tribally approved home as described in subdivision (r) of Section 224.1 and in Section 10553.12. When the child welfare agency has reason to believe that the child is or may be an Indian child, the agency shall make active efforts to comply with the federal Indian Child Welfare Act placement preferences, as required by Section 361.31. (c) A child may be detained or placed in a temporary shelter care facility only for the duration necessary to enable the county placing agency to perform the required assessments and to appropriately place the child. (d) Upon admission, the temporary shelter care facility shall provide each child with health, mental health, and developmental screenings, as applicable. Commencing when a child is admitted into a temporary shelter care facility, and continuing until the child’s discharge from the facility, the county welfare agency shall continuously strive to identify and place the child in an appropriate licensed or approved home or facility. (e) The temporary shelter care facility shall ensure that the following services, at a minimum, are identified in the facility’s plan of operation and are available to children detained at the facility: (1) Medical, developmental, behavioral, and mental health assessments based on the information obtained through the screenings required pursuant to subdivision (d). (2) Based on the screening, assessments, and other information obtained about the child, identification of the appropriate placement resources that meet the child’s needs. (3) Trauma-informed services and interventions. (4) Crisis intervention services. (5) Care and supervision provided by trauma-informed trained and qualified staff. (6) Referrals to and coordination with service providers who can meet the medical, developmental, behavioral, or mental health needs of the child identified upon admission. (7) Educational services to ensure the child’s educational progress, including efforts to maintain the child in their school of origin if practical. (8) Visitation services, including the ability to provide court-ordered, supervised visitation. (9) Structured indoor and outdoor activities, including recreational and social programs. (10) Transportation and other forms of support to ensure, to the extent possible, the child’s ability to attend and participate in important milestone events. (11) Mentorship and peer support-type programs. (f) (1) In no case shall the detention or placement in a temporary shelter care facility exceed 10 calendar days. For any stay that exceeds 10 calendar days, the child welfare agency shall submit a written report to the department, within 24 hours of an overstay, that shall include a description of the reasons and circumstances for the child’s overstay, and shall be signed by the county child welfare agency director or their designee. The department may choose not to issue a citation to the county for a violation of the 10-day placement limit when, based on the information contained in the report, the overstay is reasonable and the county is complying with subdivision (d). (2) The child welfare agency may permit any child or youth to access assessment and other services described in subdivision (d) or (e) while in an out-of-home placement. (3) To ensure the protection of children placed in temporary shelter care facilities, the child welfare agency shall separate children placed in temporary shelter care facilities pursuant to subdivision (b) from children returning to the shelter due to a failed placement, when possible, when circumstances warrant that separation. Temporary shelters shall staff as necessary to adequately supervise children to ensure an appropriate environment for all children present. (g) At the request of the county, the department shall provide technical assistance necessary for the implementation of this section. (h) The department, in consultation with the counties, shall provide a report to the Legislature no later than January 1, 2021, that shall include the number of children and youth served by temporary shelter care facilities, characteristics of children detained in these facilities, and whether there is a continued need for the licensing and operation of temporary shelter care facilities. (Amended by Stats. 2024, Ch. 656, Sec. 30. (AB 81) Effective September 27, 2024.)
11462.04.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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This section limits new group home rates under the RCL system and lets the department grant certain exceptions and extensions only when specific written requests and documentation are provided.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11462.04. (a) Notwithstanding any other law, commencing January 1, 2017, no new group home rate or change to an existing rate shall be established pursuant to the Rate Classification Level (RCL) system. (b) Notwithstanding subdivision (a), the department may grant an exception as appropriate, on a case-by-case basis, when a written request and supporting documentation are provided by a county placing agency, including a county welfare or probation director, that absent the granting of that exception, there is a material risk to the welfare of children due to an inadequate supply of appropriate alternative placement options to meet the needs of children. (c) For group homes being paid under the RCL system, and those granted an exception pursuant to paragraph (b), group home rates shall terminate on December 31, 2016, unless granted an extension under the exception process in subdivision (d) or (e). (d) A group home may request an exception to extend its rate as follows: (1) The department may grant an extension for up to two years, through December 31, 2018, except as provided in paragraph (2), on a case-by-case basis, when a written request and supporting documentation are provided by a county placing agency, including a county welfare or probation director, that absent the granting of that exception, there is a material risk to the welfare of children due to an inadequate supply of appropriate alternative placement options to meet the needs of children. The exception may include time to meet the program accreditation requirement or the mental health certification requirement. (A) The department may grant an additional extension to a group home beyond December 31, 2018, upon a county child welfare agency submitting a written request on behalf of a provider and providing documentation in a format to be determined by the department pursuant to subparagraph (B). If granted, the extension requests shall be provided in increments up to six months and may be renewed by the department if the documentation is provided. Extensions granted pursuant to this subparagraph shall not exceed a total of 12 months. (B) In order to be eligible to maintain placement of placed foster youth in a group home receiving an extension pursuant to subparagraph (A), the county child welfare agency, in partnership with the county mental health plan, shall submit a plan to the department by August 15, 2018. This plan shall do all of the following: (i) Describe the agency’s plan to transition all foster youth under the jurisdiction of the county residing in group homes into a home-based placement, or, if determined by the interagency placement committee, to a licensed short-term residential therapeutic program (STRTP) within the extension period. (ii) Address the need, availability, and capacity of STRTPs and other therapeutic placement options for the youth under the jurisdiction of the county and document prior and ongoing efforts taken to solicit or develop needed STRTP capacity. (iii) Develop and document child specific transition plans that include a description of all of the following: (I) Intensive family finding and engagement for every child lacking an identified home-based caregiver, including those youth identified for STRTP transition. (II) Child and family team-driven case plans that identify and respond to barriers to home-based placement. (III) Documentation of the trauma-informed and permanency-competent specialty mental health services to be provided, including wraparound, collateral, intensive care coordination and intensive home-based services, and therapeutic behavioral services. (iv) Document efforts to expand or establish intensive services foster care, therapeutic foster care programs, and other home-based services that provide timely access to trauma-informed care, in conjunction with the county behavioral health department. (v) Detail any barriers to achieving the goals in clauses (i) to (iv), inclusive, that have led the county to support the extension. (vi) Identify any additional solutions to the barriers that are not addressed in the efforts identified in clauses (i) to (iv), inclusive, which may include needed action from partner agencies such as county boards of supervisors, county behavioral health directors, the department, the State Department of Health Care Services, STRTPs, foster family agencies, or other local agencies, including, but not limited to, regional centers and special education agencies, that would aid the county child welfare agency in delivering appropriate services to foster youth. (C) The department shall require a provider on whose behalf an extension is being sought pursuant to subparagraph (A) to document the provider’s efforts to convert to an STRTP, foster family agency, or other service provider. (2) Pursuant to Section 11462.041, after the expiration of the extension afforded in paragraph (1), the department may grant an additional extension to a group home beyond December 31, 2018, upon a provider submitting a written request and the county probation department providing documentation stating that absent the granting of that extension, there is a significant risk to the safety of the youth or the public, due to an inadequate supply of short-term residential therapeutic programs or resource families necessary to meet the needs of probation youth. The extension granted to any provider through this section may be reviewed annually by the department if concerns arise regarding that provider’s facility. Pursuant to subdivision (e) of Section 11462.041, the final report submitted to the Legislature shall address whether or not the extensions are still necessary. (3) The exception shall allow the provider to continue to receive the rate under the prior ratesetting system. (4) A provider granted an extension pursuant to this section shall continue to operate and be governed by the applicable laws and regulations that were operative on December 31, 2016. (5) If the exception request granted pursuant to this subdivision is not made by the host county, the placing county shall notify and provide a copy to the host county. (e) (1) It is the intent of the Legislature to ensure that foster youth with more intensive needs receive timely access to services and supports that will reduce the use of, and the length of stay in, congregate care settings, while acknowledging that the ultimate goal for these youth is placement in a home-based setting that will lead to permanency. It is also the intent of the Legislature to acknowledge that continued development of home-based intensive services capacity is necessary to reduce the use of congregate care, and that state and county agencies and foster care providers must work together during the extension period described in this section to address the barriers to building the needed capacity to serve foster youth in a variety of high-quality settings. (2) The department may grant an extension to a group home beyond December 31, 2019, and until December 31, 2020, upon a county child welfare agency submitting a written request on behalf of a provider that includes an update to any previously submitted documentation described in subdivision (d). In order to be eligible to maintain placement of placed foster youth in a group home receiving an extension pursuant to this subdivision, the county child welfare agency and the county mental health plan shall submit a collaborative plan to the department and the State Department of Health Care Services by December 15, 2019. The plan shall do all of the following: (A) Update the child-specific transition plans previously submitted pursuant to clause (iii) of subparagraph (B) of paragraph (1) of subdivision (d), or provide new child-specific transition plans, if not previously submitted, for any foster youth who remains in a group home that is currently transitioning to STRTP licensure and for any foster child who remains in a group home that is not transitioning to STRTP licensure, as evidenced by the department not having received an STRTP program statement or having been denied licensure as an STRTP. The updated or new child-specific transition plans shall include the following: (i) Verification that family finding activities were previously attempted on behalf of the child and a description of family finding activities currently underway, or other activities to connect the child to caring adults outside of the congregate care setting who can provide emotional support to the child. (ii) A summary of child and family team meetings and case plan efforts to address the child’s strengths and needs, as informed by the Child and Adolescent Needs and Strengths (CANS) assessment, and any planned activities to support the child’s transition to another appropriate placement. (iii) A summary of the specialty mental health services planned or provided to the child to support the case plan goals, as informed by the CANS assessment and the child and family team. (B) Based on an analysis by the department, in consultation with the county child welfare agencies and behavioral health agencies, update and validate the needed congregate care capacity and capacity of intensive, home-based services as an alternative to congregate care and existing or planned contracts with congregate care or family-based providers. (C) Identify any existing or planned contracts or efforts to directly provide or contract for intensive family finding and child-specific recruitment for children in congregate care or other family-based settings. (D) Identify any existing or planned specialty mental health services targeted to address the mental health service needs of a foster child transitioning from congregate care to permanency or other family-based care setting and any gaps that remain. For children residing in group homes who require the level of care provided by an STRTP, as determined by an interagency placement committee, or who are placed into an STRTP without a mental health contract, provide a description of the specialty mental health services arranged for by the county mental health plan to address the mental health service needs of children placed into the facilities. (3) A county that did not submit a request and plan for extension pursuant to subparagraph (B) of paragraph (1) of subdivision (d), may submit a request for an extension pursuant to this subdivision, but the county shall also submit the information required pursuant to paragraph (2) of subdivision (d). (4) The department, the State Department of Health Care Services, the County Welfare Directors Association of California, the County Behavioral Health Directors Association of California, the Chief Probation Officers of California, the California Alliance of Child and Family Services, and other stakeholders, shall meet to develop a collaborative plan to address barriers to building high-quality services in residential treatment programs and in family-based settings, including, but not limited to, all of the following: (A) Developing technical assistance to support youth who have more intensive service needs to prevent placement disruptions and out-of-state placements and support transitions to relative-based care or other family-based care. (B) Identifying ways to increase intensive family-based home capacity to support foster youth transitioning from congregate care and to prevent congregate care placement. (C) Identifying systemic improvements and technical assistance options to assist providers in navigating processes, such as STRTP licensure, mental health plan approval, Medi-Cal billing, Medi-Cal certification, implementing trauma-informed programming and services, and transitioning to other facility types and services. (D) Evaluating the timing of STRTP licensure, accreditation, mental health plan approval, and Medi-Cal certification processes to facilitate the conversion of quality group homes into licensed STRTPs and make recommendations regarding adjustments to those timelines. (f) (1) The extended rate granted pursuant to either paragraph (1) or (2) of subdivision (d) or subdivision (e) shall be provisional and subject to terms and conditions set by the department during the provisional period. (2) Consistent with Section 11466.01, for provisional rates, the following shall be established: (A) Terms and conditions, including the duration of the provisional rate. (B) An administrative review process for provisional rate determinations, including denials, reductions, and terminations. (C) An administrative review process that includes a departmental review, corrective action, and a protest with the department. Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), this process shall be disseminated by written directive pending the promulgation of regulations. (g) Upon termination of an existing group home rate under the RCL system, a new rate shall not be paid until an application is approved and a rate is granted by the department pursuant to Section 11462 as a short-term residential therapeutic program or, effective January 1, 2017, the rate set pursuant to Section 11463 as a foster family agency. (h) The department shall, in the development of the new rate structures, consider and provide for placement of all children who are displaced as a result of reclassification of treatment facilities. (i) Notwithstanding the provisions of 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 may implement this section through all-county letters. (Amended by Stats. 2020, Ch. 370, Sec. 276. (SB 1371) Effective January 1, 2021.)
11462.041.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

County probation departments and the department must take specified steps to expand placement and support options for probation youth, including developing programs, coordinating with providers, assessing capacity, and reporting to the Legislature.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11462.041. (a) The Legislature recognizes that group homes are one of the primary placement options utilized by probation departments to avoid inappropriate housing of youth in a detention hall, more so since the 2007 realignment of most juvenile offenders from state supervision to county supervision. In order to further improve outcomes for these youth, targeted efforts will be required at the state and local levels to create sufficient capacity in home-based family care and in short-term residential therapeutic programs in order to serve these youth safely in the least restrictive, family-based settings, whenever possible. This increased capacity is needed in both the number of related and unrelated family-based caregivers, in the caregivers’ ability to meet the needs of probation youth, and in the services and supports available to these caregivers. Additionally, there must be sufficient capacity in short-term residential therapeutic programs to meet the needs of probation youth and ensure public safety. (b) To meet the capacity needs described in subdivision (a), commencing on January 1, 2016, county probation departments shall do all of the following: (1) Work with group home providers to develop short-term residential therapeutic programs that meet the treatment needs of probation supervised youth in foster care. (2) Work with foster family agencies and other community-based organizations to develop strategies to recruit, retain, and support specialized foster homes for probation youth. (3) Work with the department on strategies to identify, engage, and support relative caregivers. (4) Work with the department to define probation youth outcome measures to be collected and analyzed to assess implementation of this act. (c) To support the activities described in subdivision (b), commencing on January 1, 2016, the department, in consultation with the Chief Probation Officers of California, shall do all of the following: (1) Work with providers, courts, and county probation departments to develop capacity for home-based family care. (2) Work with short-term residential therapeutic programs and foster family agencies to address the treatment needs of specific probation populations, including, but not limited to, sex offenders, youth with gang affiliations, youth who currently are placed out of state, and youth with mental illness. (3) Develop appropriate rate structures to support probation foster youth in home-based family care. (4) Identify strategies to address the systemic challenges specific to small and rural counties in meeting the needs of probation foster youth in need of placement or treatment services. (5) Provide technical assistance to existing group home providers interested in serving probation youth during the transition to the short-term residential therapeutic program or foster family agency models outlined in this act. (6) Provide technical assistance related to implementation of this section to any requesting county probation department. (d) Beginning January 1, 2018, the department, in consultation with the Chief Probation Officers of California, shall assess the capacity and quality of placement options for probation youth in foster care, including home-based family care and short-term residential therapeutic programs. This assessment shall include: (1) The number and type of placement options. (2) Whether short-term residential therapeutic programs have developed programming tailored to address the propensity of probation youth to run away. (3) The degree to which foster family agencies, community-based service providers, and county probation departments have developed the programs and services necessary to recruit, retain, and support foster families and relative caregivers serving foster youth supervised by probation departments. (4) Any need for additional training and technical assistance to be provided to short-term residential therapeutic programs or foster family agency providers. (e) The department, in consultation with the Chief Probation Officers of California and the counties, shall provide an interim report, pursuant to Section 9795 of the Government Code, to the Legislature no later than January 10, 2019, and a final report, pursuant to Section 9795 of the Government Code, to the Legislature no later than January 10, 2021, which shall include the number of youth served in home-based family care, in short-term residential therapeutic programs, and in group homes, characteristics of youth in these placement types, and whether there is a continued need for probation placement in group homes. The reports also shall provide recommendations on any further technical assistance and training, if needed, to facilitate county probation departments, county child welfare departments, DSS, and providers in strengthening the continuum of care for justice-involved youth. (Amended by Stats. 2016, Ch. 612, Sec. 95. (AB 1997) Effective January 1, 2017.)
11462.045.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

The State Department of Social Services must create a working group to recommend revisions to the group home reimbursement-rate system.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11462.045. (a) The State Department of Social Services shall establish a working group to develop recommended revisions to the current system of setting reimbursement rates for group home providers. (b) In developing recommended revisions to the group home ratesetting system, the working group shall consider the larger context for how the system can better incorporate a spectrum of placements and services that promote positive outcomes for children and families and shall address all of the following: (1) The provision of mental health and other critical services for children and youth. (2) The provision of services in family-like settings. (3) The provision of services that support families and relatives. (4) Outcome-based evaluation or other quality improvement concepts. (c) The working group shall include legislative policy and budget staff, stakeholders that are representative of foster youth, providers, children’s advocates, and county welfare and probation directors and staff. (Added by Stats. 2010, Ch. 725, Sec. 19. (AB 1612) Effective October 19, 2010.)
11462.06.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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The department must treat reasonable shelter-lease costs for foster children as allowable costs, but reimbursement cannot exceed fair market rental value.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11462.06. (a) For purposes of the administration of this article, including the setting of AFDC-FC provider rates, the department shall deem the reasonable costs of leases for shelter care for foster children to be allowable costs. Reimbursement of shelter costs shall not exceed the fair market rental value, as determined in subdivision (b), of owned, leased, or rented buildings, including any structures, improvements, edifices, land, grounds, and other similar property that is owned, leased, or rented by the provider and that is used for the provider’s AFDC-FC programs and activities, exclusive of idle capacity and capacity used for nonresidential foster care programs and activities. Shelter costs shall be considered reasonable in relation to the fair market value limit as described in subdivision (b). (b) (1) For purposes of this section, fair market rental value of leased property shall be determined by either of the following methods, as chosen by the provider: (A) The fair market rental value determined by a comparative analysis prepared by an independent real estate broker. The comparative analysis shall be performed by a qualified, licensed professional who acts within the scope of the broker’s license, who, at a minimum, meets the standards for brokers, as specified in Chapter 6 (commencing with Section 2705) of Title 10 of the California Code of Regulations, and the comparatives shall be made in accordance with Section 200.465(a) of Title 2 of the Code of Federal Regulations. (B) The fair market rental value determined by an independent appraisal. The appraisal shall be performed by a qualified, licensed professional appraiser who, at a minimum, meets standards for appraisers as specified in Chapter 6.5 (commencing with Section 3500) of Title 10 of the California Code of Regulations. (2) The determinations made pursuant to this subdivision shall not be deemed independent if performed under a less-than-arm’s-length agreement, or if performed by a person or persons employed by, or under contract with, the program for purposes other than performing appraisals, or by a person having a material interest in any program that receives foster care payments. If the department believes an appraisal does not meet these standards, the department shall give its reasons in writing to the provider and provide an opportunity for appeal. (c) 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 may implement applicable provisions of this section by all-county letters or similar instructions until regulations are adopted. (d) (1) Commencing July 1, 2003, any group home or short-term residential therapeutic provider with a self-dealing lease transaction for shelter costs, as defined in Section 5233 of the Corporations Code, shall not be eligible for an AFDC-FC rate. (2) Lease and rental transactions are subject to restrictions set forth in Section 200.465(c) of Title 2 of the Code of Federal Regulations. (e) (1) Fair market rental value shall be determined at the execution of the lease and at renewal or extension of the lease, or for a month-to-month tenancy, at the commencement of the audit period. (2) Lease and rental arrangements shall be reviewed periodically to determine if circumstances have changed and other options are available. (Amended (as amended by Stats. 2016, Ch. 612, Sec. 96) by Stats. 2017, Ch. 732, Sec. 69. (AB 404) Effective January 1, 2018.)
11462.2.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

The director may set a comparable rate for a qualifying multistate group home facility, and if that rate is set, the facility must be audited at least every three years.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11462.2. (a) Notwithstanding Section 11462, when the director determines that a rate established pursuant to that section for a multistate group home facility which operates in more than two states and which provides high impact adventure programs and which first offered these programs in the State of Arizona, is less than the established national rate for the multistate group home facility, and when the director determines that the multistate group home facility is otherwise licensed but would not be available due to the operation of Section 11462, the director may at his or her discretion establish a rate comparable to the rate paid in other states. (b) When the director establishes a rate pursuant to this section, the facility shall be subject to audits by the department, or other public or private audit agency with which the department contracts, no less often than every three years. (Amended by Stats. 1987, Ch. 1212, Sec. 6.)
11462.4.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

Providers are deemed small businesses, and the department must project the impact of any new regulations on group homes and foster family agencies.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11462.4. Notwithstanding Section 11342.610 of the Government Code, providers, as defined in Section 11466, shall be deemed small businesses and the department shall project the impact on group homes and foster family agencies of any new regulations which will affect those community care facilities. (Amended by Stats. 2017, Ch. 732, Sec. 73. (AB 404) Effective January 1, 2018.)
11463.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

The department must develop and update foster family agency payment structures and rates, and it may issue a one-time reimbursement for certain accreditation fees.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11463. (a) The department shall commence development of a new payment structure for the Title IV-E funded foster family agency placement option that maximizes federal funding, in consultation with county placing agencies. (b) The department shall develop a payment system for foster family agencies that provide treatment, intensive treatment, and therapeutic foster care programs, and shall consider all of the following factors: (1) Administrative activities that are eligible for federal financial participation provided, at the request of the county, for and to county-licensed or approved family homes and resource families, intensive case management and supervision, and services to achieve legal permanency or successful transition to adulthood. (2) Social work activities that are eligible for federal financial participation under Title IV-E (42 U.S.C. Sec. 670 et seq.) of the federal Social Security Act. (3) Social work and mental health services eligible for federal financial participation under Title XIX (42 U.S.C. Sec. 1396 et seq.) of the federal Social Security Act. (4) Intensive treatment or therapeutic services in the foster family agency. (5) Core services that are made available to children and nonminor dependents either directly or secured through agreements with other agencies, and which are trauma informed, culturally relevant, and include any of the following: (A) Specialty mental health services for children who meet medical necessity criteria for specialty mental health services, as provided for in Section 1830.205 or 1830.210 of Title 9 of the California Code of Regulations. (B) Transition support services for children, youth, and families upon initial entry and placement changes and for families who assume permanency through reunification, adoption, or guardianship. (C) Educational, physical, behavioral, and mental health supports, including extracurricular activities and social supports. (D) Activities designed to support transition-age youth and nonminor dependents in achieving a successful adulthood. (E) Services to achieve permanency, including supporting efforts to reunify or achieve adoption or guardianship and efforts to maintain or establish relationships with parents, siblings, extended family members, tribes, or others important to the child or youth, as appropriate. (F) When serving Indian children, as defined in subdivisions (a) and (b) of Section 224.1, the core services specified in subparagraphs (A) to (E), inclusive, shall be provided to eligible Indian children consistent with active efforts pursuant to Section 361.7. (G) The core services specified in subparagraphs (A) to (F), inclusive, are not intended to duplicate services already available to foster children in the community, but to support access to those services and supports to the extent already available. Those services and supports may include, but are not limited to, foster youth services available through county offices of education, Indian Health Services, and school-based extracurricular activities. (6) Staff training. (7) Health and Safety Code requirements. (8) A process for accreditation that includes all of the following: (A) Provision for all licensed foster family agencies to maintain in good standing accreditation from a nationally recognized accreditation agency with expertise in programs for youth group care facilities, as determined by the department. (B) Promulgation by the department of information identifying the agency or agencies from which accreditation shall be required. (C) Provision for timely reporting to the department of any change in accreditation status. (9) Mental health certification, including a requirement to timely report to the department any change in mental health certificate status. (10) Populations served, including, but not limited to, any of the following: (A) (i) Children and youth assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, including those children and youth placed out-of-home pursuant to an individualized education program developed under Article 2 (commencing with Section 56320) of Chapter 4 of Part 30 of Division 4 of Title 2 of the Education Code. (ii) Children assessed as meeting the medical necessity criteria for specialty mental health services, as provided for in Section 1830.205 or 1830.210 of Title 9 of the California Code of Regulations. (B) AFDC-FC children and youth receiving intensive and therapeutic treatment services in a foster family agency. (C) AFDC-FC children and youth receiving mental health treatment services from a foster family agency. (11) Maximization of federal financial participation for Title IV-E (42 U.S.C. Sec. 670 et seq.) and Title XIX (42 U.S.C. Sec. 1396 et. seq.) of the federal Social Security Act. (c) Commencing January 1, 2017, the department shall establish rates pursuant to subdivisions (a) and (b). The rate structure shall include an interim rate, a provisional rate for new foster family agency programs, and a probationary rate. The department may issue a one-time reimbursement for accreditation fees incurred after August 1, 2016, in an amount and manner determined by the department in written directives. (1) (A) Unless the Tiered Rate Structure established in subdivision (h) of Section 11461 applies to a child or nonminor dependent, initial interim rates developed pursuant to this section shall be effective January 1, 2017, to December 31, 2028, inclusive, or 24 months from the date required under paragraph (9) of subdivision (h) of Section 11461, whichever is later. (B) The initial interim rates developed pursuant to this paragraph shall not be lower than the rates proposed as part of the Governor’s 2016 May Revision. (C) The initial interim rates set forth in written directives or regulations pursuant to paragraph (4) shall become inoperative on January 1, 2029, or 24 months from the date required under paragraph (9) of subdivision (h) of Section 11461, whichever is later. (2) Consistent with Section 11466.01, for provisional and probationary rates, all of the following shall be established: (A) Terms and conditions, including the duration of the rate. (B) An administrative review process for the rate determinations, including denials, reductions, and terminations. (C) An administrative review process that includes a departmental review, corrective action, and an appeal with the department. Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), this process shall be disseminated by written directive pending the promulgation of regulations. (3) (A) The foster family agency rate shall include a basic rate pursuant to paragraph (4) of subdivision (g) of Section 11461. A child or youth placed in a certified family home or with a resource family of a foster family agency is eligible for the basic rate, which shall be passed on to the certified parent or resource family along with annual increases in accordance with paragraph (2) of subdivision (g) of Section 11461. (B) The basic rate paid to either a certified family home or a resource family of a foster family agency shall be paid by the agency to the home from the rate that is paid to the agency pursuant to this section. (C) In addition to the basic rate described in this paragraph, the department shall develop foster family agency rates that consider specialized programs to serve children with specific needs, including, but not limited to, all of the following: (i) Intensive treatment and behavioral needs, including those currently being served under intensive treatment foster care. (ii) Specialized health care needs. (4) Notwithstanding the rulemaking provisions of 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 foster family agency rates, and the manner in which they are determined, shall be set forth in written directives until regulations are adopted. (d) The department shall develop a system of governmental monitoring and oversight that shall be carried out in coordination with the State Department of Health Care Services. Oversight responsibilities shall include, but not be limited to, ensuring conformity with federal and state law, including program, fiscal, and health and safety reviews. The state agencies shall attempt to minimize duplicative audits and reviews to reduce the administrative burden on providers. (e) The department shall consider the impact on children and youth being transitioned to alternate programs as a result of the new ratesetting system. (f) Commencing July 1, 2019, the rates paid to foster family agencies shall, except for the rate paid to a certified family home or resource family agency pursuant to subparagraph (A) of paragraph (3) of subdivision (c), be 4.15 percent higher than the rates paid to foster family agencies in the 2018–19 fiscal year. (g) The amount included for the component for social workers in the interim rates for foster family agencies developed and implemented by the department pursuant to subparagraph (A) of paragraph (1) of subdivision (c) shall be increased over the rates paid to foster family agencies in the 2019–20 fiscal year by fifty dollars ($50) per child, per month, effective July 1, 2021. (h) (1) Notwithstanding the rate established pursuant to subdivisions (a) to (g), inclusive, the care and supervision rate paid on behalf of a child or nonminor dependent in a foster family agency placement on or after the date required by paragraph (9) of subdivision (h) of Section 11461 shall be based on the Tiered Rate Structure established in subdivision (h) of Section 11461. (2) Provided all federal and state rate and licensing requirements are met, the per child per month care and supervision rate, as set forth in paragraph (3) of subdivision (h) of Section 11461, for a child or nonminor dependent placed with a foster family agency shall include a rate, according to the child or nonminor dependent’s tier as determined by the child or nonminor dependent’s periodic IP-CANS assessment, for administrative and other activities described in paragraphs (1) and (2) of subdivision (b) of Section 11460, according to the following tiered schedule: Tier 1: $1610 Tier 2: $2634 Tier 3: $2634 [Ages 0-5] Tier 3+: $7213 [Ages 6+] (3) The rate set forth in paragraph (2) beginning July 1, 2028, and each fiscal year thereafter, shall be annually adjusted on July 1 by the annual percentage change in the California Necessities Index applicable to the calendar year within which each July 1 occurs. (4) Notwithstanding the rulemaking provisions of 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 may implement, interpret, or make specific this subdivision by means of all-county letters or similar written instructions, which shall be exempt from submission to or review by the Office of Administrative Law. These all-county letters or similar instructions shall have the same force and effect as regulations until the adoption of regulations no later than January 1, 2030. (Amended by Stats. 2024, Ch. 46, Sec. 31. (AB 161) Effective July 2, 2024.)
11463.5.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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Providers seeking funding for children receiving AFDC-FC must fully disclose financial information about their operations, including independent certification, in the department’s required format.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11463.5. In order to receive funding on behalf of children receiving AFDC-FC, each provider, as defined in Section 11466, shall provide a full disclosure of all financial information related to its operation, including independent certification of the information provided, in a manner and format established by the department. (Repealed and added by Stats. 2017, Ch. 732, Sec. 77. (AB 404) Effective January 1, 2018.)
11464.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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This section sets payment rates for certain children who are regional center consumers and receive specified foster-care-related benefits, and it allows limited county supplements in some cases.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11464. (a) The Legislature finds and declares all of the following: (1) Children who are consumers of regional center services and also receiving Aid to Families with Dependent Children-Foster Care (AFDC-FC), Approved Relative Caregiver Funding Program (ARC) payments, Kinship Guardianship Assistance Payment (Kin-GAP) benefits, or Adoption Assistance Program (AAP) benefits have special needs that can require care and supervision beyond that typically provided to children in foster care. Clarifying the roles of the child welfare and developmental disabilities services systems will ensure that these children receive the services and supports they need in a timely manner and encourage the successful adoption of these children, where appropriate. (2) To address the extraordinary care and supervision needs of children who are consumers of regional center services and also receiving AFDC-FC, ARC, Kin-GAP, or AAP benefits, it is necessary to provide a rate for care and supervision of these children that is higher than the average rate they would otherwise receive through the foster care system and higher than the rate other children with medical and other significant special needs receive. (3) Despite the enhanced rate provided in this section, some children who are consumers of regional center services and also receiving AFDC-FC, ARC, Kin-GAP, or AAP benefits may have care and supervision needs that are so extraordinary that they cannot be addressed within that rate. In these limited circumstances, a process should be established whereby a supplement may be provided in addition to the enhanced rate. (4) Children who receive rates pursuant to this section shall be afforded the same due process rights as all children who apply for AFDC-FC, ARC, Kin-GAP, and AAP benefits pursuant to Section 10950. (b) Rates for children who are both regional center consumers and recipients of AFDC-FC, ARC, or Kin-GAP benefits under this chapter shall be determined as provided in Section 4684 and this section. (c) (1) The rate to be paid for 24-hour out-of-home care and supervision provided to children who are both consumers of regional center services pursuant to subdivision (d) of Section 4512 and recipients of AFDC-FC, ARC, or Kin-GAP benefits under this chapter shall be two thousand six dollars ($2,006) per child per month. (2) (A) The county, at its sole discretion, may authorize a supplement of up to one thousand dollars ($1,000) to the rate for children three years of age and older, if it determines the child has the need for extraordinary care and supervision that cannot be met within the rate established pursuant to paragraph (1). The State Department of Social Services and the State Department of Developmental Services, in consultation with stakeholders representing county child welfare agencies, regional centers, and children who are both consumers of regional center services and recipients of AFDC-FC, ARC, Kin-GAP, or AAP benefits, shall develop objective criteria to be used by counties in determining eligibility for and the level of the supplements provided pursuant to this paragraph. The State Department of Social Services shall issue an all-county letter to implement these criteria within 120 days of the effective date of this act. The criteria shall take into account the extent to which the child has any of the following: (i) Severe impairment in physical coordination and mobility. (ii) Severe deficits in self-help skills. (iii) Severely disruptive or self-injurious behavior. (iv) A severe medical condition. (B) The caregiver may request the supplement described in subparagraph (A) directly or upon referral by a regional center. Referral by a regional center shall not create the presumption of eligibility for the supplement. (C) When assessing a request for the supplement, the county shall seek information from the consumer’s regional center to assist in the assessment. The county shall issue a determination of eligibility for the supplement within 90 days of receipt of the request. The county shall report to the State Department of Social Services the number and level of rate supplements issued pursuant to this paragraph. (d) (1) The rate to be paid for 24-hour out-of-home care and supervision provided for children who are receiving services under the California Early Start Intervention Services Act, are not yet determined by their regional center to have a developmental disability, as defined in subdivisions (a) and (l) of Section 4512, and are receiving AFDC-FC, ARC, or Kin-GAP benefits under this chapter, shall be eight hundred ninety-eight dollars ($898) per child per month. If a regional center subsequently determines that the child is an individual with a developmental disability as that term is defined by subdivisions (a) and (l) of Section 4512, the rate to be paid from the date of that determination shall be consistent with subdivision (c). (2) The rates to be paid for 24-hour out-of-home nonmedical care and supervision for children who are recipients of AFDC-FC, ARC, or Kin-GAP and consumers of regional center services from a community care facility licensed pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code and vendored by a regional center pursuant to Section 56004 of Title 17 of the California Code of Regulations, shall be the facility rate established by the State Department of Developmental Services. (e) Rates paid pursuant to this section are subject to all of the following requirements: (1) The rates paid to the foster care provider under subdivision (c) and paragraph (1) of subdivision (d) are only for the care and supervision of the child, as defined in subdivision (b) of Section 11460 and shall not be applicable to facilities described in paragraph (2) of subdivision (d). (2) Regional centers shall separately purchase or secure the services that are contained in the child’s Individualized Family Service Plan (IFSP) or Individual Program Plan (IPP), pursuant to Section 4684. (3) Beginning with the 2011–12 fiscal year, the rates in paragraph (1) of subdivision (c) and paragraph (1) of subdivision (d) shall be adjusted annually on July 1 by the percentage change in the California Necessities Index applicable to the calendar year within which each July 1 occurs. A county shall not be reimbursed for any increase in this rate that exceeds the adjustments made in accordance with this methodology. (f) (1) The AFDC-FC rates paid on behalf of a regional center consumer who is a recipient of AFDC-FC prior to July 1, 2007, shall remain in effect unless a change in the placement warrants redetermination of the rate or if the child is no longer AFDC-FC eligible. However, AFDC-FC rates paid on behalf of these children that are lower than the rates specified in paragraph (1) of subdivision (c) or paragraph (1) of subdivision (d), respectively, shall be increased as appropriate to the amount set forth in paragraph (1) of subdivision (c) or paragraph (1) of subdivision (d), effective July 1, 2007, and shall remain in effect unless a change in the placement or a change in AFDC-FC eligibility of the child warrants redetermination of the rate. (2) For a child who is receiving AFDC-FC benefits or for whom a foster care eligibility determination is pending, and for whom an eligibility determination for regional center services pursuant to subdivision (a) of Section 4512 is pending or approved, and for whom, prior to July 1, 2007, a State Department of Developmental Services facility rate determination request has been made and is pending, the rate shall be the State Department of Developmental Services facility rate determined by the regional center through an individualized assessment, or the rate established in paragraph (1) of subdivision (c), whichever is greater. The rate shall remain in effect until the child is no longer eligible to receive AFDC-FC, or, if still AFDC-FC eligible, is found ineligible for regional center services as an individual described in subdivision (a) of Section 4512. Other than the circumstances described in this section, regional centers shall not establish facility rates for AFDC-FC purposes. (g) (1) The department shall adopt emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for the purposes of that chapter, including Section 11349.6 of the Government Code, on or before July 1, 2009. (2) The adoption of regulations pursuant to paragraph (1) shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, and general welfare. The regulations authorized by this subdivision shall remain in effect for no more than 180 days, by which time final regulations shall be adopted. (h) (1) The State Department of Social Services and the State Department of Developmental Services shall provide to the Joint Legislative Budget Committee, on an annual basis, the data set forth in paragraph (2) to facilitate legislative review of the outcomes of the changes made by the addition of this section. The first report shall be submitted on October 1, 2007. (2) The following data shall be provided pursuant to this subdivision: (A) The number of, and services provided to, children who are consumers of regional center services and who are receiving AAP, ARC, Kin-GAP, or AFDC-FC, broken out by children receiving the amount pursuant to paragraph (1) of subdivision (c), the amount pursuant to paragraph (1) of subdivision (d), and the level of supplement pursuant to subparagraph (A) of paragraph (2) of subdivision (c). (B) A comparison of services provided to these children and similar children who are regional center consumers who do not receive AFDC-FC, ARC, Kin-GAP, or AAP benefits, broken out by children receiving the amount pursuant to paragraph (1) of subdivision (c), the amount pursuant to paragraph (1) of subdivision (d), and the level of supplement pursuant to subparagraph (A) of paragraph (2) of subdivision (c). (C) The number and nature of appeals filed regarding services provided or secured by regional centers for these children, consistent with Section 4714, broken out by children receiving the amount pursuant to paragraph (1) of subdivision (c), the amount pursuant to paragraph (1) of subdivision (d), and the level of supplement pursuant to subparagraph (A) of paragraph (2) of subdivision (c). (D) The number of these children who are adopted before and after the act adding this section, broken out by children receiving the amount pursuant to paragraph (1) of subdivision (c), the amount pursuant to paragraph (1) of subdivision (d), and the level of supplement pursuant to subparagraph (A) of paragraph (2) of subdivision (c). (E) The number and levels of supplements requested pursuant to subparagraph (B) of paragraph (2) of subdivision (c). (F) The number of appeals requested of the decision by counties to deny the request for the supplement pursuant to subparagraph (A) of paragraph (2) of subdivision (c). (G) The total number and levels of supplements authorized pursuant to subparagraph (A) of paragraph (2) of subdivision (c) and the number of these supplements authorized upon appeal. (i) The State Department of Social Services and the State Department of Developmental Services shall provide public transparency regarding implementation of this section through the annual posting of the data in paragraph (2) of subdivision (h) on their respective internet websites. Each department shall also maintain a link to the other department’s data on their respective internet websites. (j) (1) Commencing January 1, 2012, and prior to July 1, 2017, the rate described in subdivision (c) shall be paid for an eligible nonminor dependent who is under 21 years of age, is receiving AFDC-FC or Kin-GAP benefits pursuant to Section 11403, and is a consumer of regional center services. (2) Commencing July 1, 2017, the rate described in subdivision (c) shall be paid for an eligible nonminor dependent who is under 21 years of age, is receiving AFDC-FC, ARC, or Kin-GAP benefits pursuant to Section 11403, and is a consumer of regional center services. (Amended by Stats. 2024, Ch. 46, Sec. 32. (AB 161) Effective July 2, 2024.)
11465.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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This section requires the department to set uniform foster-care rates, and it requires certain payments and supplements for children, teen-parent cases, and expectant parents.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11465. (a) If a child is living with a parent who receives AFDC-FC or Kin-GAP benefits, or, on or after July 1, 2017, Approved Relative Caregiver Funding Program (ARC) payments, the rate paid to the provider on behalf of the parent shall include an amount for care and supervision of the child. (b) For each category of eligible licensed community care facility, as defined in Section 1502 of the Health and Safety Code, the department shall adopt regulations setting forth a uniform rate to cover the cost of care and supervision of the child in each category of eligible licensed community care facility. (c) (1) On and after July 1, 1998, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 6 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate. (2) (A) On and after July 1, 1999, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be adjusted by an amount equal to the California Necessities Index computed pursuant to Section 11453, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate, subject to further adjustment pursuant to subparagraph (B). (B) In addition to the adjustment specified in subparagraph (A), on and after January 1, 2000, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate. (3) Subject to the availability of funds, for the 2000–01 fiscal year and annually thereafter, these rates shall be adjusted for cost of living pursuant to procedures in Section 11453. (4) On and after January 1, 2008, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 5 percent, rounded to the nearest dollar. The resulting amount shall constitute the new uniform rate. (5) (A) Commencing July 1, 2016, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be supplemented by an additional monthly amount of four hundred eighty-nine dollars ($489). This monthly supplement shall only be provided if funding for this purpose is appropriated in the annual Budget Act. (B) Commencing July 1, 2026, the supplement described in subparagraph (A) shall be adjusted by an amount equal to the California Necessities Index computed pursuant to Section 11453. (d) (1) (A) Prior to July 1, 2017, and notwithstanding subdivisions (a) to (c), inclusive, the payment made pursuant to this section for care and supervision of a child who is living with a teen parent in a whole family foster home, as defined in Section 11400, shall equal the basic rate for children placed in a licensed or approved home as specified in subdivisions (a) to (d), inclusive, and subdivision (g), of Section 11461. (B) On or after July 1, 2017, the payment made for care and supervision of a child who is living with a teen parent in a whole family foster home shall be the uniform rate developed pursuant to subdivision (c). (2) (A) The amount paid for care and supervision of a dependent infant living with a dependent teen parent receiving AFDC-FC benefits in a group home placement shall equal the infant supplement rate for group home placements. (B) Commencing January 1, 2017, the amount paid for care and supervision of a dependent infant living with a dependent teen parent receiving AFDC-FC benefits in a short-term residential therapeutic program shall equal the infant supplement rate for short-term residential therapeutic programs established by the department. (3) (A) The caregiver shall provide the county child welfare agency or probation department with a copy of the shared responsibility plan developed pursuant to Section 16501.25 and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. Once the plan has been completed and provided to the appropriate agencies, the payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month to reflect the increased care and supervision while the dependent teen parent is placed in the whole family foster home. (B) A nonminor dependent parent residing in a supervised independent living placement, as defined in subdivision (w) of Section 11400, who develops a written parenting support plan pursuant to Section 16501.26 shall provide the county child welfare agency or probation department with a copy of the plan and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. The payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month after all of the following have been satisfied: (i) The plan has been completed and provided to the appropriate county agency. (ii) The plan has been approved by the appropriate county agency. (iii) The county agency has determined that the identified responsible adult meets the criteria specified in Section 16501.27. (4) In a year in which the payment provided pursuant to this section is adjusted for the cost of living as provided in paragraph (1) of subdivision (c), the payments provided for in this subdivision shall also be increased by the same procedures. (5) A Kin-GAP relative who, immediately prior to entering the Kin-GAP program, was designated as a whole family foster home shall receive the same payment amounts for the care and supervision of a child who is living with a teen parent they received in foster care as a whole family foster home. (6) (A) On and after January 1, 2012, and prior to July 1, 2017, the rate paid for a child living with a teen parent in a whole family foster home as defined in Section 11400 shall also be paid for a child living with a nonminor dependent parent who is eligible to receive AFDC-FC or Kin-GAP benefits pursuant to Section 11403. (B) On and after July 1, 2017, the rate paid for a child living with a teen parent in a whole family foster home as defined in Section 11400 shall also be paid for a child living with a nonminor dependent parent who is eligible to receive AFDC-FC, ARC, or Kin-GAP benefits pursuant to Section 11403. (e) (1) Commencing January 1, 2022, the rate paid for a pregnant minor or nonminor dependent for the three-month period immediately prior to the month in which the birth is anticipated shall include the amount that would otherwise be paid under this section to cover the care and supervision of a child, if born. Any amount paid pursuant to this subdivision shall be an expectant parent payment used to meet the specialized needs of the pregnant minor or nonminor dependent and to properly prepare for the needs of the infant. (2) The department shall work with the County Welfare Directors Association of California and the California Statewide Automated Welfare System (CalSAWS) to develop and implement the necessary system changes to implement the expectant parent payment. The payment shall be automated on July 1, 2023, or when the department notifies the Legislature that CalSAWS can perform the necessary automation to implement it, whichever is later. (3) Prior to the automation of the expectant parent payment in the CalSAWS system, counties shall issue a single payment in one lump sum for an expectant minor or nonminor dependent equal to three times the monthly amount paid pursuant to subdivision (a). The payment shall be issued in the month that is three months prior to the expected due date, or as soon as the county agency becomes aware of the pregnancy, and regardless of the date of entry into foster care or outcome of the pregnancy. (4) The payment, or payments, made pursuant to this section shall not be prorated and overpayments shall not be established or collected. (Amended by Stats. 2025, Ch. 143, Sec. 1. (AB 349) Effective January 1, 2026.)
11465.6.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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Selected counties may run a child care reimbursement program for certain foster families and relative caregivers, subject to listed conditions.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11465.6. (a) Up to five counties selected by the department, and at the discretion of the counties, may implement a countywide program for licensed family homes and relative caregivers receiving payments under this chapter under which they may receive reimbursement for the cost of licensed child care for each foster child under 13 years of age in the care of the licensed family home or the relative caregiver, during any period that any of the following apply: (1) The foster parent or relative caregiver is working outside the home. (2) The foster parent or relative caregiver is participating in foster care training. (3) The foster parent or relative caregiver is fulfilling necessary foster care-related administrative duties, such as conferences and judicial reviews that are not ordinarily parental duties. (b) A foster family home shall only receive a reimbursement for child care that is provided by a licensed provider and if an agreement has been documented in the child’s case plan. (c) The cost for reimbursements authorized by this section shall be shared equally between the state and the county. Funds appropriated pursuant to Chapter 6 (commencing with Section 17600) of Part 5 shall not be used to meet the county match requirement under this section. (d) The department shall, in consultation with participating counties, establish rates of child care reimbursement under this section. (e) Of the five counties to be selected, the department shall select, at minimum, one large county, one medium county, and one small county, based on population size if a county from each category submits a written expression of its desire to participate. In addition, the department shall give priority to any county that meets both of the following criteria: (1) The county has experienced a net loss in the total number of licensed foster family homes. (2) The county has demonstrated a deficit in the number of licensed foster family beds for the county’s population of foster children requiring out-of-home placement. (f) Each participating county shall report to the department on an annual basis. The information to be reported to the department shall be determined by the department in consultation with the County Welfare Director’s Association. At a minimum, the annual report shall include the number of foster parents claiming a child care reimbursement, the number of children served under this section, and an analysis of the impact of the child care reimbursement on the recruitment and retention of licensed foster home providers. The department shall provide the appropriate policy and fiscal committees of the Legislature with a report of the use of child care pursuant to this section on or before June 30, 2003. (g) The department may issue emergency regulations for the purpose of implementing this section. (Added by Stats. 2000, Ch. 108, Sec. 43. Effective July 10, 2000.)
11466.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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This section defines several terms used from Section 11466 through Section 11469.3.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11466. For purposes of this section to Section 11469.3, inclusive, the following definitions apply: (a) “Provider” shall mean a group home, short-term residential therapeutic program, a foster family agency, and similar foster care business entities. (b) “Audit determination” has the same meaning as “audit finding.” (c) “Financial audit” means an audit conducted by a qualified, independent certified public accountant with an audit designation engaged by the provider and submitted to the department for review. (d) “Fiscal audit” means an audit conducted by the department pursuant to Part 200 (commencing with Section 200.0) of Chapter II of Subtitle A of Title 2 of the Code of Federal Regulations, as implemented by the United States Department of Health and Human Services in Part 75 (commencing with Section 75.1) of Subchapter A of Subtitle A of Title 45 of the Code of Federal Regulations, including uniform administrative requirements, cost principles, and audit requirements, as specifically implemented in Section 75.106 of Title 45 of the Code of Federal Regulations. (e) “Performance audit” means an audit conducted by the department to assess provider compliance with performance standards and outcome measures as set forth in Sections 11469, 11469.1, 11469.2, and 11469.3. (f) (1) “Program audit” means an audit conducted by the department of ongoing provider programs to determine whether the program is providing the level of services and maintaining the documentation to support the paid rate. (Amended by Stats. 2024, Ch. 46, Sec. 33. (AB 161) Effective July 2, 2024.)
11466.01.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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The department sets and manages provisional and probationary rates for certain new providers, with conditions, review, and possible rate reduction.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11466.01. (a) Commencing January 1, 2017, a provisional rate shall be set for both of the following providers: (1) A new short-term residential therapeutic program provider. (2) A new foster family agency provider. (b) (1) The provisional rate shall be subject to terms and conditions, including the duration of the provisional period, set by the department. (2) For a provider described in subdivision (a), a provisional rate may be granted for a period of up to 24 months from the date the provider’s license was issued. (c) In determining whether to grant, and upon what conditions to grant, a provisional rate, the department shall consider factors including all of the following: (1) Any licensing history for any license with which the program, or its directors or officers, have been associated. (2) Any financial, fiscal, or compliance audit history with which the program, or its directors or officers, have been associated. (3) Outstanding civil penalties or overpayments with which the program, or its directors or officers, have been associated. (4) Any violations of state or federal law. (d) In determining whether to continue, and upon what conditions to continue, a provisional rate, the department shall consider those factors specified in subdivision (c), as well as compliance with the terms, conditions, and requirements during the provisional period. (e) In determining whether, at the end of the provisional rate period or thereafter, to grant a rate and whether to impose or continue, and upon what conditions to impose or continue, a probationary rate the department shall consider the factors specified in subdivision (c). (f) The department shall establish an administrative review process for determinations, including denial, rate reduction, probation, and termination of the provisional and probationary rates. This process shall include a departmental review, corrective action, and a protest with the department. Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), this process shall be disseminated by written directive pending the promulgation of regulations. (g) (1) (A) For the purposes of this section, a “provisional rate” is a prospective rate given to a provider described in subdivision (a) based on an assurance to perform in accordance with terms and conditions attached to the granting of the provisional rate. (B) For the purposes of this section, a “probationary rate” is a rate upon which limitations and conditions are imposed as a result of violations of terms, conditions, or state or federal law, including those set forth in subdivisions (c) and (d). (2) (A) At the conclusion of a provisional rate, a probationary rate may be imposed, at the discretion of the department, if additional oversight is deemed necessary based on the provider’s performance during the provisional rate period. (B) At any time, a rate may become a probationary rate if additional oversight is deemed necessary based on the provider’s performance in accordance with terms and conditions attached to the granting or maintenance of its rate. (C) A probationary rate may be accompanied by a rate reduction. (Amended by Stats. 2024, Ch. 46, Sec. 34. (AB 161) Effective July 2, 2024.)
11466.1.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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The department must set rules on what information it can request from providers, and providers must make requested records, information, records access, and facility access available for inspection, copying, and audits.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11466.1. (a) (1) The department shall adopt regulations that specify the type of information requested from providers, including reasonable timeframes. All providers shall upon request of the department for any records, or for any information contained in records pertaining to an individual program, make the requested records or information available to the department for inspection or copying. The information required to be made available pursuant to this section shall include, but not be limited to, information necessary to establish a rate, collect provider sustained overpayments in a timely and efficient manner, or to perform a financial, fiscal, performance, or program audit. This section shall not be construed to modify applicable rules of confidentiality. (2) Providers, upon request of the department, shall allow timely access to a provider’s records and facilities in order to conduct a financial, fiscal, performance, or program audit. (3) Providers shall allow the department immediate access to program information or access to a facility if the deputy director of the children and family services division of the department serves the provider with notice that, in the opinion of the deputy director, the immediate access to a facility or program information is required based on one of the following conditions or circumstances: (A) A temporary suspension order has been served on a provider. (B) Based on reliable evidence, the department has a valid basis for believing that proceedings have been, or will shortly be, instituted against a provider in a state or federal court for purposes of determining whether the provider is insolvent or bankrupt under appropriate state or federal law. (C) A provider is, or will shortly be, taking action that might reasonably hinder or defeat the department’s ability to collect overpayments in the future. (4) The department shall adopt regulations that specify timeframes and penalties for failure to submit requested information or allow facility access that may include reduction or termination of the AFDC-FC rate. Penalties shall not be imposed until the provider has been given a reasonable opportunity to respond or provide access. (b) The department shall apply and enforce only those statutes, regulations, all-county letters, or similar written directives, that are made available to providers, in writing, for any period for which a rate is effective. (c) The department shall consult with representatives of providers concerning the development of those standards and the modification of existing standards. Providers shall receive written notice of, and have the opportunity to comment upon, new and modified standards proposed by the department. (d) The department shall make available to providers, in writing, any new or modified standards prior to the beginning of the period upon which a rate is calculated, if possible, or as quickly as it is administratively practical to do so. Notwithstanding subdivisions (b) and (c), in the event of an unanticipated circumstance or unusual expenditure, the department may exercise its discretion in interpreting what is an allowable or a reasonable expenditure. However, the department shall make those interpretations available to providers, in writing, as quickly as it is practical to do so. (e) Notwithstanding the rulemaking provisions of 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 may implement, interpret, or make specific Sections 11466 to 11469.3, inclusive, as those sections read on the effective date of the act that added this subdivision, by means of all-county letters or similar written directives, which shall be exempt from submission to or review by the Office of Administrative Law. The all-county letters or similar written directives shall have the same force and effect as regulations until the adoption of regulations, no later than January 1, 2030. (Amended by Stats. 2024, Ch. 46, Sec. 35. (AB 161) Effective July 2, 2024.)
11466.2.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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The department must audit providers as needed, and provider programs must keep required records for at least five years. Providers may request a hearing within 30 days of an audit determination, and the department has set timelines for the hearing and decision process.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11466.2. (a) (1) The department shall perform or have performed provider program and fiscal audits as needed. Provider programs shall maintain all child-specific, programmatic, personnel, fiscal, and other information or records affecting ratesetting and AFDC-FC payments for a period of not less than five years, except that information and records shall be kept for a longer period of time if otherwise required by law. (2) Provider fiscal audits shall be conducted pursuant to Part 200 (commencing with Section 200.0) of Chapter II of Subtitle A of Title 2 of the Code of Federal Regulations, as implemented by the United States Department of Health and Human Services in Part 75 (commencing with Section 75.1) of Title 45 of the Code of Federal Regulations, including uniform administrative requirements, cost principles, and audit requirements, as specifically implemented in Section 75.106 of Title 45 of the Code of Federal Regulations. (3) A provider may request a hearing of the department’s program or fiscal audit determination under this section no later than 30 days after the date the department issues its audit determination. A provider may request a hearing to examine any disputed audit determination, including, but not limited to, an audit finding regarding the provider’s internal controls, board of directors oversight, program operation, or a finding that results in an overpayment. The department’s audit determination shall be final if the provider does not request a hearing within the prescribed time. Within 60 days of receipt of the request for hearing, the department shall conduct a hearing on the audit determination. The standard of proof shall be the preponderance of the evidence and the burden of proof shall be on the department. The hearing officer shall issue the proposed decision within 45 days of the close of the evidentiary record. The department shall adopt, reject, or modify the proposed decision, or refer the matter back to the hearing officer for additional evidence or findings within 100 days of issuance of the proposed decision. If the department takes no action on the proposed decision within the prescribed time, the proposed decision shall take effect by operation of law. (b) (1) The department shall develop regulations to require corrective action to a program’s or provider’s operation as a result of program or fiscal audit findings, to adjust the rate, and to recover any overpayments resulting from an overstatement of the projected level of care and services or overpayments or disallowed costs resulting from other audit findings. (2) Any repeat fiscal audit findings may result in a monetary penalty or rate reduction, suspension, or termination of the provider’s rate in accordance with regulations adopted by the department, all-county letters, or similar written instructions. (c) (1) In any audit conducted by the department, the department, or other public or private audit agency with which the department contracts, shall coordinate with the department’s licensing and ratesetting entities so that a consistent set of standards, rules, and auditing protocols are maintained. The department, or other public or private audit agency with which the department contracts, shall make available to all providers, in writing, any standards, rules, and auditing protocols to be used in those audits. (2) The department shall provide exit interviews with providers, whenever deficiencies are found, and shall explain the deficiencies and permit providers an opportunity to respond. The department shall adopt regulations, all-county letters, or similar written directives specifying the procedure for the appeal of program and fiscal audit findings. (d) Nothing in this section shall preclude the department from revoking the license of, or initiating legal proceedings against, a provider that has violated relevant laws and regulations. (Amended by Stats. 2017, Ch. 732, Sec. 80. (AB 404) Effective January 1, 2018.)
11466.21.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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Providers receiving an AFDC-FC rate must meet audit and reporting rules, and the department can terminate or reduce rates for noncompliance.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11466.21. (a) In accordance with subdivision (b), as a condition to receive an AFDC-FC rate for a foster care program operated by a provider, as defined in Section 11466, the following shall apply: (1) Any provider who expends in combined federal funds an amount at or above the federal funding threshold in accordance with the federal Single Audit Act, as amended, and Section 200.501 of Title 2 of the Code of Federal Regulations, as implemented by the United States Department of Health and Human Services in Section 75.501 of Title 45 of the Code of Federal Regulations, shall arrange to have a financial audit conducted on an annual basis, and shall submit the financial audit to the department in accordance with regulations adopted by the department, all-county letter, or similar written instructions. (2) Any provider who expends in combined federal funds an amount below the federal funding threshold shall annually submit a financial audit to the department pursuant to Generally Accepted Government Auditing Standards (GAGAS), and shall submit the financial audit to the department in accordance with regulations adopted by the department, all-county letter, or similar written instructions. (3) The scope of the financial audit shall include all of the programs and activities operated by the provider and shall not be limited to those funded in whole or in part by the AFDC-FC program. The financial audits shall include, but not be limited to, an evaluation of the expenditures and accounting and control systems of the provider. (4) The provider shall have its financial audit conducted by certified public accountants or by state-licensed public accountants, with audit designation, who have no direct or indirect relationship with the functions or activities being audited, or with the provider, its board of directors, or other governing body, officers, or staff. (5) The provider shall have its financial audits conducted in accordance with Government Auditing Standards issued by the Comptroller General of the United States and in compliance with generally accepted accounting principles applicable to private entities organized and operated on a nonprofit basis. (6) (A) Each provider shall have the flexibility to define the calendar months included in its fiscal year. (B) A provider may change the definition of its fiscal year. However, the financial audit conducted following the change shall cover all of the months since the last audit, even though this may cover a period that exceeds 12 months. (b) (1) In accordance with subdivision (a), as a condition to receive an AFDC-FC rate, a provider shall submit a copy of its most recent financial audit report, except as provided in paragraph (3). (2) The department shall terminate the rate of a provider who fails to submit a copy of its most recent financial audit pursuant to subdivision (a). A terminated rate shall only be reinstated upon the provider’s submission to the department of an acceptable financial audit. (3) A new provider that has been incorporated for fewer than 12 calendar months shall not be required to submit a copy of a financial audit to receive an AFDC-FC rate for a new program. The financial audit shall be conducted on the provider’s next full fiscal year of operation. The provider shall submit the financial audit to the department in accordance with subdivision (a). (c) The department shall issue a management decision letter on audit findings resulting from a financial audit, made by the independent auditor or as a result of department review, within six months of receipt of the financial audit report. The management decision letter shall clearly state whether or not the audit finding is sustained, the reasons for the decision, and the action or actions expected of the nonprofit organization provider to repay disallowed costs, make financial adjustments, or take other action. (d) Repeated late submission of financial audits, repeat findings in financial audits, or failure to comply with corrective action in a management decision letter may result in monetary penalties or a reduction, suspension, or termination of the provider’s rate in accordance with regulations adopted by the department, all-county letter, or similar written instructions. This subdivision shall not be construed to affect the department’s authority under other provisions of law, including, but not limited to, Part 200 of Title 2 of the Code of Federal Regulations, as implemented by the United States Department of Health and Human Services in Part 75 (commencing with Section 75.1) of Title 45 of the Code of Federal Regulations. (e) The procedures for the departmental appeal and hearing process set forth in Section 11466.2 shall apply for audit findings in a management decision letter resulting from a financial audit pursuant to this section. (Amended by Stats. 2017, Ch. 732, Sec. 81. (AB 404) Effective January 1, 2018.)
11466.22.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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The department may recover provider overpayments in AFDC-FC, and providers who received money they were not entitled to must repay it.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11466.22. (a) It is the intent of the Legislature to ensure overall program integrity in the AFDC-FC program through the establishment of an effective and efficient process for the collection of provider sustained overpayments. Furthermore, the intent of the Legislature is to ensure that children placed in AFDC-FC programs, including, but not limited to, group homes, short-term residential therapeutic programs, and foster family agencies, receive the level of care and supervision commensurate with the program’s paid rate. (b) The department may collect a sustained overpayment from the party responsible for the sustained overpayment, regardless of whether the party remains in the business of providing any AFDC-FC programs, and regardless of whether the provider remains licensed by the department. (c) For the purposes of this section, a provider overpayment is an overpayment that results from an audit period when a provider receives a rate reimbursement to which it is not entitled. If a provider receives a rate reimbursement to which it is not entitled, including, but not limited to, the provider failing to maintain a license, or failing to maintain its status as a nonprofit organization, or due to an overpayment determined as described in paragraph (1) of subdivision (d), it shall be liable to repay the overpayment. (d) (1) Overpayments shall be determined by a provider audit pursuant to Section 11466.21, a department audit conducted pursuant to Section 11466.2, a management decision letter, or a provider self-reporting an overpayment. A self-reported overpayment may include a finding in the financial audit report submitted by the provider whether that finding is formally made in the financial audit report or discovered through department review of the report or other provider submission. (2) If a hearing is not requested, or on the 60th day after an informal decision if a provider or the department does not file a notice of intent to file a formal appeal, or on the 30th day following a formal appeal hearing decision, whichever is latest, a provider overpayment shall be sustained for collection purposes and the department shall issue a demand letter for repayment of the sustained overpayment. (3) The department shall establish a voluntary repayment agreement procedure with a maximum repayment period of nine years. The procedure shall take into account the amount of the overpayment, projected annual income of the program that caused the overpayment, a minimum repayment amount, including principal and interest, of 3 percent of annual income prorated on a monthly basis, simple interest for the first seven years of the voluntary repayment agreement on the overpayment amount based on the Surplus Money Investment Fund, and simple interest for the eighth and ninth years of the voluntary repayment agreement based on the prime rate at that time plus 3 percent. The department may consider renegotiation of a voluntary repayment agreement if the department determines that the agreement would cause severe harm to children in placement. (4) The department shall establish an involuntary overpayment collection procedure, that shall take into account the amount of the overpayment, projected annual income, a minimum required repayment amount, including principal and interest, of 5 percent of the annual income prorated on a monthly basis, simple interest on the overpayment amount based on the Surplus Money Investment Fund, and a maximum repayment period of seven years. The department may consider renegotiation of an involuntary payment agreement if the department determines that the agreement would cause severe harm to children in placement. (e) The department shall maintain, by regulation, all-county letter, or similar written directive, a procedure for recovery of any provider sustained overpayments. The department shall prioritize collection methods, which shall include voluntary repayment agreement procedures, involuntary overpayment collection procedures, including the use of a statutory lien, rate request denials, rate decreases, and rate terminations. The department may also deny rate requests, including requests for rate increases, or program changes or expansions, while an overpayment is due. The department shall seek recovery of provider sustained overpayments in a manner that does not jeopardize overall availability of placements for foster children. (f) Whenever the department determines that a provider sustained overpayment has occurred, the department shall recover from the provider the full amount of the sustained overpayment, and simple interest on the sustained overpayment amount, pursuant to methods described in subdivision (e), against the provider’s income or assets. (g) If a provider is successful in its appeal of a collected overpayment, it shall be repaid the collected overpayment plus simple interest based on the Surplus Money Investment Fund. (Amended by Stats. 2017, Ch. 732, Sec. 82. (AB 404) Effective January 1, 2018.)
11466.23.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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Counties must remit federal overpayment amounts after due process, and the department must adopt implementing regulations.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11466.23. (a) It is the intent of the Legislature to comply with the federal requirements of the Improper Payments Act of 2002 with respect to the remittance of the federal share of foster care or adoption assistance overpayments. (b) For the purposes of this section, “foster care or adoption assistance overpayment” means any amount of aid paid to which a foster care provider or adoption assistance recipient was not entitled, including any overpayment identified by a foster care provider as described in Section 11400, or federal Adoption Assistance Program recipient as described in Chapter 2.1 (commencing with Section 16115) of Part 4, and on and after the date that the director executes a declaration pursuant to Section 11217, any federal Kin-GAP aid paid to which a related guardian was not entitled, including any overpayment identified by a federal Kin-GAP recipient as described in Article 4.7 (commencing with Section 11385). (c) Counties shall be required to remit the appropriate amount of federal funds upon identification of the overpayment, following the completion of due process. (1) For overpayments identified prior to July 1, 2012, counties shall not be required to repay the overpayment when any of the following occurs: (A) The amount is legally uncollectible, including any amount legally uncollectible pursuant to Section 11466.24. (B) The cost of collection exceeds the overpayment. (C) The provider is no longer in business or licensed by the department. (2) For overpayments identified prior to July 1, 2012, remittance of overpayments of federal AFDC-FC, federal Kin-GAP, and federal AAP funds not excluded by paragraph (1) shall be shared by the state and the counties based on the following sharing ratios: (A) For federal AFDC-FC funds, the sharing ratios described in subdivision (c) of Section 15200. (B) For federal Kin-GAP funds, the sharing ratios described in Section 10101.2. (C) For federal AAP funds, the sharing ratios described in subdivision (e) of Section 15200. (d) (1) For overpayments identified on and after July 1, 2012, the county shall pay 100 percent of the cost for remittance of all overpayments of federal AFDC-FC, federal Kin-GAP, and federal AAP funds. (2) For overpayments identified prior to July 1, 2012, upon actual collection of any overpayments from providers or recipients, the county shall ensure that the total amount reimbursed to the state reflects the federal and state share of the overpayment costs, as specified. All overpayments of federal AFDC-FC, federal Kin-GAP, and federal AAP funds included in paragraph (1) of subdivision (c) shall be repaid completely with state funds. (3) For overpayments identified on and after July 1, 2012, after remitting the federal share, the county shall retain any funds collected by the county from overpaid providers or recipients. (4) Nothing in this section shall inhibit existing county authority to collect overpayments. (5) Nothing in this section shall inhibit existing county responsibility to remit voluntary overpayments upon collection. (e) (1) The department shall adopt regulations to implement this section by December 31, 2008. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department, in consultation and coordination with the County Welfare Directors Association, may adopt emergency regulations to implement this section. (2) The adoption of emergency regulations pursuant to subdivision (a) shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. 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, by which time final regulations shall be adopted. (f) The department may only require counties to remit payment of the federal share for overpayments upon identification that occur on or after the effective date of regulations adopted pursuant to this section. (Amended by Stats. 2017, Ch. 732, Sec. 83. (AB 404) Effective January 1, 2018.)
11466.235.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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The department must update and create regulations to address foster care and adoption assistance overpayments, and it may adopt emergency regulations to do so.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11466.235. (a) The department, in consultation and coordination with the County Welfare Directors Association (CWDA), shall update existing regulations and establish new regulations where lacking for the identification, determination, tracking, notification, and collection of foster care and adoption assistance overpayments by county agencies to foster care providers or adoption assistance recipients, and shall specify the required actions of county agencies, as appropriate, to recoup overpayments. In addition, the department, in consultation with the CWDA, shall develop specific processes to implement collection and repayment of overpaid federal AFDC-FC funds, including the development of a Notice of Action (NOA), due process procedures, voluntary repayment procedures, involuntary repayment procedures, and the accrual of interest. It is the intent of the Legislature that the recovery of unauthorized funds is done in a manner that does not jeopardize overall availability of placements for foster or adoptive children or the best interests of the foster or adoptive child. (b) (1) No later than October 1, 2007, the department shall implement a process to obtain all necessary state approvals of advanced planning documents for counties to implement automated solutions designed to minimize overpayments, and to submit the documents to the appropriate federal authority within 30 days of original submission by the county to the state. The process shall include a template to be used by counties for expedited state and federal approval of advanced planning documents designed to minimize overpayments. (2) No later than December 31, 2007, the department shall implement a process for counties to obtain, at no charge, all necessary data from the Child Welfare Services Case Management System (CWS/CMS) to implement automated solutions designed to minimize overpayments, such as the system used by Alameda County, or a similar solution. The department shall notify the budget committees of the Legislature and the CWDA by October 1, 2007, if the department believes that the extract of this data could jeopardize the structural and data integrity of the information within the CWS/CMS. The department shall work with CWDA to mitigate these risks, if found. (c) (1) The department shall modify existing regulations and adopt new regulations to implement this section by December 31, 2008. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department, in consultation with the CWDA, may adopt emergency regulations to implement this section. (2) The adoption of emergency regulations pursuant to paragraph (1) shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. 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, by which time final regulations shall be adopted. (Added by Stats. 2007, Ch. 177, Sec. 33. Effective August 24, 2007.)
11466.24.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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A county must collect certain foster care overpayments unless listed exceptions apply, and the department must issue regulations for recovery and repayment procedures.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11466.24. (a) In accordance with this section, a county shall collect an overpayment, discovered on or after January 1, 1999, made to a foster family home, an approved home of a relative, including, on and after the date that the director executes a declaration pursuant to Section 11217, the home of a Kin-GAP guardian, an approved home of a nonrelative extended family member, an approved home of a nonrelative legal guardian, a resource family, as defined in subdivision (c) of Section 16519.5, or the supervised independent living setting where a nonminor dependent resides, for any period of time in which the foster child was not cared for in that home, unless any of the following conditions exist, in which case a county shall not collect the overpayment: (1) The cost of the collection exceeds that amount of the overpayment that is likely to be recovered by the county. The cost of collecting the overpayment and the likelihood of collection shall be documented by the county. Costs that the county shall consider when determining the cost-effectiveness to collect are total administrative, personnel, legal filing fee, and investigative costs, and any other applicable costs. (2) The child was temporarily removed from the home and payment was owed to the provider to maintain the child’s placement, or the child was temporarily absent from the provider’s home, or on runaway status and subsequently returned, and payment was made to the provider to meet the child’s needs. (3) The overpayment was exclusively the result of a county administrative error or both the county welfare department and the provider or nonminor dependent were unaware of the information that would establish that the foster child or nonminor dependent was not eligible for foster care benefits. (4) The provider or nonminor dependent did not have knowledge of, and did not contribute to, the cause of the overpayment. (b) (1) After notification by a county of an overpayment to a foster family home, an approved home of a relative, including the home of a Kin-GAP guardian, or a nonrelative extended family member, approved home of a nonrelative legal guardian, a resource family, or the supervised independent living setting where the nonminor dependent resides, and a demand letter for repayment, the foster parent, approved relative, approved nonrelative legal guardian, resource family, or nonminor dependent may request the county welfare department to review the overpayment determination in an informal hearing, or may file with the department a request for a hearing to appeal the overpayment determination. Requesting an informal hearing shall not preclude a payee from seeking a formal hearing at a later date. The county welfare department shall dismiss the overpayment repayment request if it determines the action to be incorrect through an initial review prior to a state hearing, or through a review in an informal hearing held at the request of the foster parent, relative, nonrelative legal guardian, or nonminor dependent. (2) If an informal hearing does not result in the dismissal of the overpayment, or a formal appeal hearing is not requested, or on the 30th day following a formal appeal hearing decision, whichever is later, the foster family provider overpayment shall be sustained for collection purposes. (3) The department shall adopt regulations that ensure that the best interests of the child or nonminor dependent shall be the primary concern of the county welfare director in any repayment agreement. (c) (1) The department shall develop regulations for recovery of overpayments made to any foster family home, approved home of a relative, including the home of a Kin-GAP guardian, approved home of a nonrelative legal guardian, resource family, or supervised independent living setting where a nonminor dependent resides. The regulations shall prioritize collection methods, that shall include voluntary repayment agreement procedures and involuntary overpayment collection procedures. These procedures shall take into account the amount of the overpayment and a minimum required payment amount. (2) A county shall not collect an overpayment through the use of an involuntary payment agreement unless a foster family home, an approved home of a relative, including the home of a Kin-GAP guardian, approved home of a nonrelative legal guardian, resource family, or supervised independent living setting where a nonminor dependent resides has rejected the offer of a voluntary overpayment agreement, or has failed to comply with the terms of the voluntary overpayment agreement. (3) A county shall not be permitted to collect an overpayment through the offset of payments due to a foster family home, an approved home of a relative, including the home of a Kin-GAP guardian, approved home of a nonrelative legal guardian, resource family, or supervised independent living setting where a nonminor dependent resides, unless this method of repayment is requested by the provider or nonminor dependent in a voluntary repayment agreement, or other circumstances defined by the department by regulation. (d) If a provider or nonminor dependent is successful in its appeal of a collected overpayment, it shall be repaid the collected overpayment plus simple interest based on the Surplus Money Investment Fund. (e) A county may not collect interest on the repayment of an overpayment. (f) There shall be a one-year statute of limitations from the date upon which the county determined that there was an overpayment. (Amended by Stats. 2016, Ch. 612, Sec. 107. (AB 1997) Effective January 1, 2017.)
11466.25.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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Interest on a provider overpayment or penalty starts accruing on specified issuance dates or when the provider self-reports the overpayment.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11466.25. Interest begins to accrue on a provider overpayment or penalty on the date of the issuance of the penalty, the date of issuance of the final audit report, or the date of the issuance of a management decision letter in accordance with Section 11466.21, or the date that a provider self-reports an overpayment. (Amended by Stats. 2016, Ch. 612, Sec. 108. (AB 1997) Effective January 1, 2017.)
11466.3.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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The department must offer a voluntary repayment agreement procedure to providers that owe a sustained overpayment, and it must charge simple interest on those agreements. Providers may choose to enter into an agreement.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11466.3. (a) The department shall offer a voluntary repayment agreement procedure to providers that owe a sustained overpayment. A provider may enter into a voluntary repayment agreement with the department to repay a sustained overpayment. The voluntary repayment agreement shall, at a minimum, meet the requirements developed pursuant to paragraph (3) of subdivision (d) of Section 11466.22. (b) The department shall charge simple interest on the voluntary repayment agreement in accordance with paragraph (3) of subdivision (d) of Section 11466.22. (Amended by Stats. 2015, Ch. 773, Sec. 95. (AB 403) Effective January 1, 2016.)
11466.31.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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The department may use involuntary offset collection procedures to recover certain provider overpayments when the provider has not signed a voluntary repayment agreement or has missed three payments under one.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11466.31. (a) When it has been determined that a provider participating in the AFDC-FC program owes an overpayment that is due and payable, the department may implement involuntary offset collection procedures to collect sustained overpayments from a provider if the provider does not enter into a voluntary repayment agreement with the department or the provider has three outstanding payments on a voluntary repayment agreement before the overpayment is repaid. (b) The minimum monthly overpayment offset amount from monthly rate reimbursements shall be determined using the involuntary collection procedures developed pursuant to paragraph (4) of subdivision (d) of Section 11466.22. Overpayments shall be offset against current monthly rate reimbursement payments due and payable to a provider under this chapter. (c) Failure to repay an overpayment shall be grounds for termination of the provider’s rate and shall result in a referral to the department’s Community Care Licensing Division for license revocation. (Amended by Stats. 2016, Ch. 612, Sec. 109. (AB 1997) Effective January 1, 2017.)
11466.32.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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A provider with a sustained overpayment may have part of certain rate-related increases withheld until the overpayment is repaid, and a provider under involuntary repayment cannot receive rate increases or program expansions until repayment is finished or a waiver request is made.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11466.32. (a) If a provider that owes a sustained overpayment pursuant to paragraph (2) of subdivision (d) of Section 11466.22 does not enter into a voluntary repayment agreement with the department, or the provider has three outstanding payments on a voluntary repayment agreement before the overpayment is repaid, in addition to the monthly overpayment offset amount, 50 percent of any increases resulting from California Necessities Index (CNI) adjustments and provider’s rate adjustments to the standard rate that are due to a provider shall be withheld until the sustained overpayment amount is collected. Once the overpayment amount is collected, the provider shall begin to prospectively receive the full amount of any California Necessities Index and rate adjustment to which it is entitled. (b) Any provider subject to involuntary repayment of a sustained overpayment pursuant to Section 11466.31 shall be ineligible to receive any rate increase or program change or expansion, until the repayment is completed or until the host county or the primary placement county provide the department with a request for waiver of this paragraph. (Amended by Stats. 2016, Ch. 612, Sec. 110. (AB 1997) Effective January 1, 2017.)
11466.33.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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The department may file a certificate to collect a sustained overpayment, and the county clerk must record the lien when the certificate is filed.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11466.33. (a) If any amount is due and payable to the department as a result of a sustained overpayment to a provider for care and services in the AFDC-FC program, the department may file, in the office of any county clerk of any county in which the provider has real or personal property, a certificate if any of the following conditions are met: (1) No formal hearing is requested, the provider has not submitted a voluntary repayment agreement with the first payment, and 60 days have elapsed from the notice of audit results. (2) The provider has not submitted a voluntary repayment agreement along with the first payment, 30 days have elapsed after an adverse appeal decision by a hearing officer sustaining an overpayment, and that decision has been adopted by the department or is effective by operation of law. (b) The certificate provided for pursuant to subdivision (a) shall contain: (1) The amount due, owing, and unpaid, plus simple interest on the amount owing and unpaid beginning on the date the certificate is filed. (2) A statement that the department has complied with this section prior to the filing of the certificate. (3) A request that a lien be recorded against the provider in the amount set forth in the certificate. (c) The county clerk immediately upon the filing of the certificate shall record the lien for the State of California against the provider in the amount set forth in the certificate. The lien may be filed in the chain of title of the property. (d) The department shall pay the cost of the first lien, and providers shall be responsible for any subsequent liens on a sustained overpayment. (e) For the first certificate filed by the department pursuant to this section, the county shall waive all filing fees. (Amended by Stats. 2015, Ch. 773, Sec. 98. (AB 403) Effective January 1, 2016.)
11466.34.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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The department can seek a judgment lien on a provider’s lien within 10 years, and county recorders must record it as a judgment lien if judgment is obtained.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11466.34. (a) (1) At any time within 10 years of the recording of a lien pursuant to Section 11466.33, the department may bring an action, in a superior court in the county in which the lien is filed, seeking a judgment to establish the lien as a judgment lien. (2) If a judgment is obtained pursuant to paragraph (1), the county recorder shall record the lien as a judgment lien. (b) An abstract of a judgment obtained pursuant to subdivision (a) or a copy thereof may be recorded with the county recorder of any county. From the time of recording, the judgment shall constitute a lien upon all real or personal property of the provider in that county owned by the provider at the time, or that the provider may afterwards, but before the lien expires, acquire. The judgment lien shall continue for 10 years from the time of recording of the abstract of judgment obtained pursuant to subdivision (a), unless sooner released or otherwise discharged. (c) The judgment lien may, within 10 years from the date of recording of the abstract of judgment or within 10 years from the date of the last extension of the lien in the manner provided in this section, be extended by recording a new abstract in the office of the county recorder of any county. From the date of that recording, the lien shall be extended for 10 years, unless sooner released or otherwise discharged. (d) The department may release any lien imposed pursuant to this chapter, at the provider’s cost, in which case any judgment pertaining to that lien is for all purposes null and void, if all of the following conditions are met: (1) No temporary suspension order or license revocation actions by the department’s community care licensing division is pending against a provider. (2) A provider has made at least three timely payments on a voluntary repayment agreement. (3) The provider submits to the department corroborative evidence that it is unable to obtain a loan from an institutional lender unless the lien is released. (e) Execution shall issue upon a judgment obtained pursuant to this section upon request of the department in the same manner as execution may issue upon other judgments. Sale shall be held under that execution as prescribed in the Code of Civil Procedure. In all proceedings under this section, the director or his or her authorized agents may act on behalf of the state. (Amended by Stats. 2015, Ch. 773, Sec. 99. (AB 403) Effective January 1, 2016.)
11466.35.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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Certain providers and nonprofit board members with sustained overpayments can be barred from applying for or receiving rates until the overpayment is repaid.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11466.35. (a) Any licensee or member of a governing board of a nonprofit who has been determined to owe a sustained overpayment under this chapter, and who, subsequent to notice of the sustained overpayment, has its rate terminated, shall be ineligible to apply or receive a rate for any future program until the overpayment is repaid. (b) A rate application shall be denied for a provider that meets either of the following conditions: (1) A provider owing a sustained overpayment under this chapter, upon the occurrence of any additional sustained overpayment, shall be ineligible to apply or receive a rate for an existing or future program until the sustained overpayments are repaid, unless a voluntary repayment agreement is approved by the department. (2) A provider incurring a sustained overpayment that constitutes more than 60 percent of the provider’s annual rate reimbursement shall be ineligible to apply or receive a rate for any existing or future programs until the sustained overpayments are repaid, unless a voluntary repayment agreement is approved by the department. (Amended by Stats. 2015, Ch. 773, Sec. 100. (AB 403) Effective January 1, 2016.)
11466.36.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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The department may stop a program rate or a provider’s payment eligibility if specified misconduct, overpayment, payment problems, or accreditation issues occur. A provider may appeal the department’s determination.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11466.36. (a) The department may terminate a program rate or a provider’s eligibility to be paid any rate for a child placed in their care if any of the following conditions are met: (1) The department determines that, based upon the findings of a hearing officer, a rate application or information submitted by a provider was fraudulently submitted to the department. (2) A provider is failing to provide services in accordance with the standards associated with its paid rate or in accordance with its program statement. (3) A provider with an outstanding sustained overpayment incurs a second sustained overpayment, and is unable to repay the sustained overpayments. (4) A provider has a sustained overpayment that represents 100 percent of a provider’s annual rate reimbursement. (5) A provider has a sustained overpayment and has failed to timely submit its payments on more than three occasions in a 12-month period. (6) For a provider operating a short-term residential therapeutic program or a community treatment facility, the program or facility is no longer accredited as required by state law. (b) This chapter shall not be construed to affect the department’s authority under other provisions of law for collection of provider sustained overpayments. (c) A provider who disagrees with the department’s determination under this section may request an appeal pursuant to Section 11466.6. (Amended by Stats. 2024, Ch. 46, Sec. 36. (AB 161) Effective July 2, 2024.)
11466.5.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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The department must collect and monitor cost data for care, supervision, and social work services for AFDC-FC recipients.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11466.5. The department shall collect cost data and monitor the cost of providing care and supervision, and social work services, to AFDC-FC recipients. These data shall include, but not be limited to, the costs incurred for employee wages and benefits. (Amended by Stats. 2015, Ch. 773, Sec. 102. (AB 403) Effective January 1, 2016.)
11466.6.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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A provider who disputes a rate decision may request a written appeal to the department, and the department must maintain appeal procedures.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11466.6. A provider who disagrees with the rate determined by the department, the rate adjusted by an audit, or a determination made in a management decision letter affecting the rate may request in writing an appeal to the department. The department shall maintain, by regulation, all-county letter, or similar written directive, procedures for the departmental appeal process. (Amended by Stats. 2017, Ch. 732, Sec. 84. (AB 404) Effective January 1, 2018.)
11467.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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The State Department of Social Services must create a working group, and providers must keep certain program statements and related directives on file. The department may also implement changes through all-county letters or similar instructions under stated conditions.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11467. (a) The State Department of Social Services, with the advice and assistance of the County Welfare Directors Association of California, the Chief Probation Officers of California, the County Behavioral Health Directors Association of California, research entities, foster youth and advocates for foster youth, foster care provider business entities organized and operated on a nonprofit basis, tribes, and other stakeholders, shall establish a working group to develop performance standards and outcome measures for providers of out-of-home care placements made under the AFDC-FC program, including, but not limited to, foster family agency, group home, short-term residential therapeutic program, and THP-Plus providers, and for the effective and efficient administration of the AFDC-FC program. (b) (1) The performance standards and outcome measures shall employ the applicable performance standards and outcome measures as set forth in Sections 11469 to 11469.3, inclusive, designed to identify the degree to which foster care providers, including business entities organized and operated on a nonprofit basis, are providing out-of-home placement services that meet the needs of foster children, and the degree to which these services are supporting improved outcomes, including those identified by the California Child and Family Service Review System. (2) Providers shall maintain, for licensing, ratesetting, and placement purposes, program statements, as required pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, and all applicable written directives and regulations adopted by the department. (c) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), until the enactment of applicable state law, or October 1, 2015, whichever is earlier, the department may implement the changes made pursuant to this section through all-county letters, or similar instructions from the director. (Amended by Stats. 2024, Ch. 46, Sec. 37. (AB 161) Effective July 2, 2024.)
11467.1.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

The department must assess young children’s needs, consult interested parties, adopt standards, and incorporate them into provider program statements when feasible.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11467.1. (a) It is the intent of the Legislature that standards be developed to address the specific needs of very young children, from birth to six years of age, experiencing the trauma of separation from their family who must be placed in out-of-home care. These standards shall provide normative guidelines differentiated by the needs specific to infants from birth to two years of age, toddlers from two years of age to four years of age, and preschool from four years of age to six years of age and shall reflect the needs of all children for a family-like setting that provides culturally appropriate nurturing, and safety. (b) The department shall assess the needs of young children and adopt standards in consultation with interested parties that shall include the following: (1) A representative of a public interest law firm specializing in children’s issues. (2) A representative of an advocacy group representing children with developmental disabilities. (3) A representative of the California Association of Children’s Homes. (4) A representative of the Association for Minority Adolescents in Residential Care Homes. (5) A representative of the California Association of Services for Children. (6) A representative of the County Welfare Directors Association. (7) A representative of the National Association of Social Workers. (8) A developmental psychologist specializing in children in shelter care. (9) A psychiatrist specializing in the emotional development of young children. (10) A pediatrician. (11) An expert in family reunification issues. (12) A specialist in the treatment of alcohol and other drug abuse. (13) A representative of the Child Welfare League of America. (14) A representative of the State Department of Developmental Services. (15) A representative of the Association of Regional Center Agencies. (c) The department shall develop standards that include, but are not limited to, all of the following: (1) The elements of a safe nurturing environment that support all aspects of a child’s development and provide opportunities to establish primary, trusting relationships with a carefully limited number of adults. (2) Psychosocial needs, primary care, parental visits, developmental support, trauma recovery, appropriate discipline, and flexibility in daily activities. (3) Guidelines for services to be provided pursuant to a case plan. (4) To the maximum extent feasible, the requirement that significant placement changes be minimized, and that they be carefully planned and implemented. (d) The standards shall be incorporated to the extent feasible into provider program statements required pursuant to subdivision (b) of Section 11467. (Amended by Stats. 2017, Ch. 732, Sec. 86. (AB 404) Effective January 1, 2018.)
11468.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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The department must set up and keep administrative procedures for reviewing the rates it sets for AFDC-FC programs.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11468. The department shall establish and maintain administrative procedures to review the rate set by the department for AFDC-FC programs, including, but not limited to, group homes, short-term residential therapeutic programs, and foster family agencies that provide treatment services. (Amended by Stats. 2016, Ch. 612, Sec. 111. (AB 1997) Effective January 1, 2017.)
11468.1.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

For certain rate reviews under Section 11468, the department’s review procedure must include a protest and a hearing by a hearing officer appointed by the director.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11468.1. The administrative review procedure for rates established pursuant to Section 11468 shall include a protest within the department and a hearing conducted by a hearing officer appointed by the director. (Amended by Stats. 2017, Ch. 732, Sec. 87. (AB 404) Effective January 1, 2018.)
11468.2.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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A provider may protest a rate determination or rate denial/termination, but must include supporting information and documentation. The department may ask for more information and must issue a decision letter within 90 days after receiving the final documentation, unless extended for good cause. A provider may also appeal within 60 days of receiving the decision letter, with full supporting documentation.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11468.2. (a) A provider who disagrees with a rate determination and who desires a different rate, or who has been denied a rate or had a rate terminated, may file a protest with the department within 60 days from the date of the mailing of the notification of the set rate. The protest shall include all information including documentation for the department to determine the provider’s basis for requesting a different set rate or challenge of the audit findings that affect the rate. The department may request additional documentation or information from the provider after reviewing the protest. (b) Within 90 days of receipt of the final documentation or information, the department shall issue a decision letter indicating the department’s decision on the protest which shall include the department’s basis for the action taken. This time period may be extended by the department for good cause. (c) If the provider does not concur with the rate protest decision letter, a written appeal may be filed with the department within 60 days of receipt of the decision letter. The appeal shall be accompanied with full supporting documentation. The department may request additional information. (Amended by Stats. 2017, Ch. 732, Sec. 88. (AB 404) Effective January 1, 2018.)
11468.3.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

This section sets procedures for an appeal-related informal conference, including who may request it, how it is decided, and notice timing.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11468.3. (a) The appeal filed with the department pursuant to Section 11468.2 shall specify whether the provider does or does not wish that an informal conference among the parties be held, together with the reasons therefor. Either party may request, or the hearing officer may order, that a telephone conference call be initiated among the parties for discussion of the advisability of conducting an informal conference. The hearing officer shall decide whether an informal conference would be appropriate and notify the parties of this decision in writing. (b) If the hearing officer determines that an informal conference is appropriate, it shall be ordered and scheduled as soon as reasonably possible. The hearing officer shall preside at this informal conference. (c) The department shall mail written notice of the time and place of the informal conference to each party at least 10 calendar days before the date of the informal conference. This period may be shortened with the consent of the parties. Any party may waive notice. (d) Efforts shall be made to resolve the facts and issues in dispute in a fair and equitable manner, subject to the requirements of state and federal law. (Added by Stats. 1990, Ch. 46, Sec. 9. Effective April 10, 1990.)
11468.4.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

This section sets deadlines and procedures for rate-related hearings and the department’s decision-making process.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11468.4. (a) The hearing regarding a rate held pursuant to Section 11468.1 shall be conducted no later than 180 days after the filing of a timely and specific statement of disputed issues by the provider. (b) The hearing officer shall take the matter under submission at the conclusion of the hearing. A proposed decision, in a form that may be adopted as the decision of the department, shall be submitted to the department within 180 days after the closure of the record. (c) Within 120 days after submission of the hearing officer’s proposed decision, the department shall: (1) Adopt the proposed decision with or without reading or hearing the record. (2) Reject the proposed decision and adopt an alternative decision based upon the documentary and electronically recorded record, with or without taking additional evidence. (3) Refer the matter to the same or a different hearing officer to take additional evidence. If the case is so assigned, the hearing officer shall, within 90 days, prepare a proposed decision, based upon the additional evidence and the documentary and electronically recorded record of the prior hearing. The department may then take one of the actions described in subdivision (c) in regard to the new proposed decision. The department may return a proposed decision only twice on the same appeal. (d) (1) The department’s decision shall be final when the decision is mailed to the parties. However, the department retains jurisdiction to correct clerical errors. (2) Copies of the final decision of the department, and the hearing officer’s proposed decision if it was not adopted by the department, shall be mailed by certified mail to the parties. (Amended by Stats. 2017, Ch. 732, Sec. 89. (AB 404) Effective January 1, 2018.)
11468.5.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

A provider may ask for review of the department’s final decision under Section 11468.4, using Code of Civil Procedure Section 1094.5, within six months after the director’s final decision is issued.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11468.5. The provider may request review of the final decision of the department made pursuant to Section 11468.4 in accordance with Section 1094.5 of the Code of Civil Procedure, within six months of the issuance of the director’s final decision. (Amended by Stats. 2017, Ch. 732, Sec. 90. (AB 404) Effective January 1, 2018.)
11469.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
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The department must develop and implement group home performance standards, outcome measures, regulations, and technical assistance, and it may execute agreements to obtain needed data.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11469. (a) The department shall develop, following consultation with group home providers, the County Welfare Directors Association of California, the Chief Probation Officers of California, the County Behavioral Health Directors Association of California, the State Department of Health Care Services, and stakeholders, performance standards and outcome measures for determining the effectiveness of the care and supervision, as defined in subdivision (b) of Section 11460, provided by group homes under the AFDC-FC program pursuant to Sections 11460 and 11462. These standards shall be designed to measure group home program performance for the client group that the group home program is designed to serve. (1) The performance standards and outcome measures shall be designed to measure the performance of group home programs in areas over which the programs have some degree of influence, and in other areas of measurable program performance that the department can demonstrate are areas over which group home programs have meaningful managerial or administrative influence. (2) These standards and outcome measures shall include, but are not limited to, the effectiveness of services provided by each group home program, and the extent to which the services provided by the group home assist in obtaining the child welfare case plan objectives for achieving the desired outcomes in safety, permanency, and well-being for the child. (3) In addition, when the group home provider has identified as part of its program for licensing, ratesetting, or county placement purposes, or has included as a part of a child’s case plan by mutual agreement between the group home and the placing agency, specific mental health, education, medical, and other child-related services, the performance standards and outcome measures may also measure the effectiveness of those services. (b) Regulations regarding the implementation of the group home performance standards system required by this section shall be adopted no later than one year prior to implementation. The regulations shall specify both the performance standards system and the manner by which the AFDC-FC rate of a group home program shall be adjusted if performance standards are not met. (c) Effective July 1, 1995, group home performance standards shall be implemented. (d) Notwithstanding subdivision (c), the group home program performance standards system shall not be implemented prior to the implementation of the AFDC-FC performance standards system. (e) On or before January 1, 2016, the department shall develop, following consultation with the County Welfare Directors Association of California, the Chief Probation Officers of California, the County Behavioral Health Directors Association of California, research entities, foster children, advocates for foster children, foster care provider business entities organized and operated on a nonprofit basis, Indian tribes, and other stakeholders, additional performance standards and outcome measures that require group homes to implement programs and services to minimize law enforcement contacts and delinquency petition filings arising from incidents of allegedly unlawful behavior by minors occurring in group homes or under the supervision of group home staff, including individualized behavior management programs, emergency intervention plans, and conflict resolution processes. (f) On or before January 1, 2017, the department shall develop, following consultation with the County Welfare Directors Association of California, the Chief Probation Officers of California, the County Behavioral Health Directors Association of California, the Medical Board of California, research entities, foster children advocates for foster children, foster care provider business entities organized and operated on a nonprofit basis, Indian tribes, and other stakeholders, additional performance standards and outcome measures that require group homes and short-term residential therapeutic programs to implement alternative programs and services, including individualized behavior management programs, emergency intervention plans, and conflict resolution processes. (g) Performance standards and outcome measures developed pursuant to this section shall apply to short-term residential therapeutic programs. (h) The department shall develop and implement a technical assistance and support plan, in consultation with the stakeholders identified in subdivision (a), that utilizes the performance standards and outcome measures to identify and assist low performing providers. (i) The department shall coordinate with other state agencies, and may execute agreements as necessary, to obtain data necessary to fulfill the requirements of this section. (Amended by Stats. 2024, Ch. 46, Sec. 40. (AB 161) Effective July 2, 2024.)
11469.1.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

Performance standards under Section 11469 must include quality-of-care indicators and apply to all providers of out-of-home care.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11469.1. The performance standards and outcome measures required by Section 11469 shall meet all of the following requirements: (a) They shall include indicators of quality of care, including, but not limited to, stability of placement, reduction in recidivism, educational progress, and improvement in social behavior, and shall not consist solely of fiscal indicators, such as cost-avoidance due to reduction or avoidance of out-of-home care. (b) They shall apply to all providers of out-of-home care, including, but not limited to, providers of services provided either directly by, or under contract with, a county welfare department or county probation department. (c) They shall be used to develop baseline standards against which to measure future performance and to provide a basis for making comparisons among different programs and placements. (Added by Stats. 1993, Ch. 950, Sec. 7. Effective October 11, 1993.)
11469.2.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

The department must create written performance standards and outcome measures for foster care placements, consult specified stakeholders, and develop support plans and data-sharing arrangements.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11469.2. (a) The department shall develop, following consultation with foster family agency providers, the County Welfare Directors Association of California, the Chief Probation Officers of California, the County Behavioral Health Directors Association of California, the State Department of Health Care Services, former foster youth, child advocacy organizations, and stakeholders, performance standards and outcome measures for determining the effectiveness of the care and supervision, as defined in subdivision (b) of Section 11460, provided to children in out-of-home family based care placements pursuant to Sections 11460 and 11463 and Chapter 6.3 (commencing with Section 18360) of Part 6. These standards shall be designed to measure outcomes for the client and the performance of programs in areas over which the service provider or a county acting in the capacity of, or is licensed as, a service provider has meaningful managerial or administrative influence. (1) These standards and outcome measures shall include, but are not limited to, the effectiveness of services provided by each program, and the extent to which the services provided by the programs assist in obtaining the child welfare case plan objectives for achieving the desired outcomes in safety, permanency, and well-being for the child. (2) In addition, when the provider has identified as part of its program for licensing, ratesetting, or county placement purposes, or has included as a part of a child’s case plan by mutual agreement between the program and the placing agency, specific mental health, education, medical, and other child-related services, the performance standards and outcome measures may also measure the effectiveness of those services. (b) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), these performance standards and outcome measures shall be set forth in written directives until regulations are adopted. (c) The department shall develop and implement a technical assistance and support plan, in consultation with stakeholders identified in subdivision (a), that utilizes the performance standards and outcome measures to identify and assist low performing service providers. (d) The department shall coordinate with other state agencies, and may execute agreements as necessary, to obtain data necessary to fulfill the requirements of this section. (Added by Stats. 2017, Ch. 732, Sec. 93. (AB 404) Effective January 1, 2018.)
11469.3.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. )
Verify source ↗

Performance standards and outcome measures must include quality-of-care indicators and cannot be based only on fiscal measures.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 6. Computation and Payment of Aid Grants [11450 - 11469.3] ( Article 6 added by Stats. 1965, Ch. 1784. ) ## 11469.3. The performance standards and outcome measures required by Section 11469.2 shall meet all of the following requirements: (a) They shall include indicators of quality of care, including, but not limited to, stability of placement, reduction in recidivism, educational progress, and improvement in social behavior, and shall not consist solely of fiscal indicators, such as cost-avoidance due to reduction or avoidance of out-of-home care. (b) They shall apply to providers of services provided either directly by, or under contract with, a county welfare department or county probation department. (c) They shall be used to develop baseline standards against which to measure future performance and to provide a basis for making comparisons among different programs and placements. (Added by Stats. 2017, Ch. 732, Sec. 94. (AB 404) Effective January 1, 2018.)
11476.6.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. )
Verify source ↗

Each local child support agency must submit data to the department about how long it takes to notify the local welfare department after receiving child support payments.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. ) ## 11476.6. Each local child support agency shall submit to the department data revealing the range and median time periods by which notification of the receipt of child support payments collected on behalf of a family receiving aid under this chapter is made to the local welfare department. The data shall contain the number and percentage of cases in which the payments described herein are conveyed within the time period prescribed by federal law. (Amended by Stats. 2004, Ch. 193, Sec. 235. Effective January 1, 2005.)
11477.02.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. )
Verify source ↗

The county welfare department must decide whether there is good cause for noncooperation before referral to child support services, and child support services must be suspended while a good-cause claim is being determined or after good cause is found. A family grant may be reduced by 25% if a parent failed to cooperate without good cause.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. ) ## 11477.02. Prior to referral of any individual or recipient, or that person’s case, to the local child support agency for child support services under Section 17400 or 17404 of the Family Code, the county welfare department shall determine if an applicant or recipient has good cause for noncooperation, as set forth in Section 11477.04. If the applicant or recipient claims a good cause exception at any subsequent time to the county welfare department or the local child support agency, the local child support agency shall suspend child support services until the county welfare department determines the good cause claim, as set forth in Section 11477.04. If good cause is determined to exist, the local child support agency shall suspend child support services until the applicant or recipient requests their resumption, and shall take such other measures as are necessary to protect the applicant or recipient and the children. If the applicant or recipient is the parent of the child for whom aid is sought and the parent is found to have not cooperated without good cause as provided in Section 11477.04, the applicant’s or recipient’s family grant shall be reduced by 25 percent for such time as the failure to cooperate lasts. (Amended by Stats. 2000, Ch. 808, Sec. 126. Effective September 28, 2000.)
11477.04.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. )
Verify source ↗

Applicants or recipients may be treated as cooperating in good faith and remain eligible for aid if they cooperate or have good cause for not cooperating; the county welfare department decides good cause and must provide service referrals in certain cases.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. ) ## 11477.04. (a) An applicant or a recipient shall be considered to be cooperating in good faith with the county welfare department or the local child support agency for purposes of Section 11477 and shall be eligible for aid, if otherwise eligible, if he or she cooperates or has good cause for noncooperation. The county welfare department shall make the good cause determination. (b) Good cause shall be found if any of the following conditions exist: (1) Efforts to establish paternity or establish, modify, or enforce a support obligation would increase the risk of physical, sexual, or emotional harm to the child for whom support is being sought. (2) Efforts to establish paternity or establish, modify, or enforce a support obligation would increase the risk of abuse, as defined in Section 11495.1, to the parent or caretaker with whom the child is living. (3) The child for whom support is sought was conceived as a result of incest or rape. A conviction for incest or rape is not necessary for this paragraph to apply. (4) Legal proceedings for the adoption of the child are pending before a court of competent jurisdiction. (5) The applicant or recipient is currently being assisted by a public or licensed private adoption agency to resolve the issue of whether to keep the child or relinquish the child for adoption. (6) The applicant or recipient is cooperating in good faith but is unable to identify or assist in locating the alleged father or obligor. (7) Any other reason that would make efforts to establish paternity or establish, modify, or enforce a support obligation contrary to the best interests of the child. (c) Evidence supporting a claim for good cause includes, but is not limited to, the following: (1) Police, governmental agency, or court records, documentation from a domestic violence program or a legal, clerical, medical, mental health, or other professional from whom the applicant or recipient has sought assistance in dealing with abuse, physical evidence of abuse, or any other evidence that supports the claim of good cause. (2) Statements under penalty of perjury from individuals, including the applicant or recipient, with knowledge of the circumstances that provide the basis for the good cause claim. (3) Birth certificates or medical, mental health, rape crisis, domestic violence program, or law enforcement records that indicate that the child was conceived as the result of incest or rape. (4) Court documents or other records that indicate that legal proceedings for adoption are pending before a court of competent jurisdiction. (5) A written statement from a public or licensed private adoption agency that the applicant or recipient is being assisted by the agency to resolve the issue of whether to keep the child or relinquish the child for adoption. (d) A sworn statement by a victim shall be sufficient to establish abuse unless the agency documents in writing an independent, reasonable basis to find the recipient not credible. (e) Applicants or recipients who inquire about or claim good cause, or otherwise indicate that they or their children are at risk of abuse, shall be given referrals by the county welfare department to appropriate community, legal, medical, and support services. Followup by the applicant or recipient on those referrals shall not affect eligibility for assistance under this chapter or the determination of cooperation. (Amended by Stats. 1999, Ch. 478, Sec. 37. Effective January 1, 2000.)
11477.06.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. )
Verify source ↗

The Legislature states that, once the stated conditions are met, the State Department of Social Services and the Department of Child Support Services should provide full passthrough of child support payments to families receiving CalWORKs benefits.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. ) ## 11477.06. (a) It is the intent of the Legislature that, subject to the requirements of Section 77 of Senate Bill 189 of the 2021–22 Regular Session (Ch. 48, Stats. 2022), commencing January 1, 2025, or on the date that the State Department of Social Services and the Department of Child Support Services determine that the Statewide Automated Welfare System (SAWS) and the California Child Support Enforcement System can perform the necessary automation for this purpose, whichever date is later, the State Department of Social Services and the Department of Child Support Services provide full passthrough of child support payments to families receiving CalWORKs benefits. (b) It is further the intent of the Legislature that the State Department of Social Services provide a report to the Legislature evaluating the unintended impacts of the proposal described in subdivision (a) on or before April 1, 2024, and in advance of the determination required by Section 77 of Senate Bill 189 of the 2021–22 Regular Session (Ch. 48, Stats. 2022) related to a General Fund augmentation for the Department of Child Support Services and the State Department of Social Services to implement the full passthrough of child support payments collected to families that are currently receiving CalWORKs benefits. (Added by Stats. 2022, Ch. 573, Sec. 20. (AB 207) Effective September 27, 2022.)
11477.07.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. )
Verify source ↗

The State Department of Social Services must convene a workgroup with specified participants, the workgroup must meet at least twice, and the department must submit a report by April 1, 2024.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. ) ## 11477.07. (a) The State Department of Social Services, in conjunction with the Department of Child Support Services, shall convene a workgroup that consists of representatives from the Legislature, the Department of Child Support Services, and the County Welfare Directors Association of California, and advocates for low-income families with children and noncustodial parents. The workgroup shall meet at least twice to discuss unintended consequences of enacting a full passthrough of child support payments to custodial families currently receiving CalWORKs benefits prior to the State Department of Social Services issuing the report required by subparagraph (b). (b) The State Department of Social Services shall submit a report, on or before April 1, 2024, to the Senate and Assembly human services committees, judiciary committees, and fiscal committees summarizing the conversations with participants in the workgroup, and including proposed mitigation strategies for preventing unintended consequences of a full passthrough of child support payments to families currently receiving CalWORKs benefits and any estimates of additional costs of implementing these recommended strategies. The report shall also include the estimated impact of federal funding levels and any estimated changes to eligibility and benefit determination for need-based assistance programs as a result of providing the full passthrough of child support payments, as well as any projected changes in behavior among obligors related to compliance with child support orders due to the full passthrough and any estimated change to income levels of custodial families as a result of those projected behavior changes. (c) This section shall remain in effect only until January 10, 2027, and as of that date is repealed. (Added by Stats. 2022, Ch. 573, Sec. 21. (AB 207) Effective September 27, 2022. Repealed as of January 10, 2027, by its own provisions.)
11477.1.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. )
Verify source ↗

Polygraph tests may not be administered to applicants or recipients of aid under this chapter for Title IV-D enforcement unless they receive written notice that the test is not required and give written consent.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. ) ## 11477.1. No polygraph tests shall be administered to any applicant or recipient of aid under this chapter for the purposes of enforcement of Title IV-D of the Social Security Act, without written notice to applicant or recipient that such test is not required and without written consent thereto by such applicant or recipient. (Added by Stats. 1975, Ch. 924.)
11478.1.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. )
Verify source ↗

This section makes support-enforcement records confidential, limits when they may be disclosed, and makes willful violations a misdemeanor.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. ) ## 11478.1. (a) It is the intent of the Legislature to protect individual rights of privacy, and to facilitate and enhance the effectiveness of the child and spousal support enforcement program, by ensuring the confidentiality of support enforcement and child abduction records, and to thereby encourage the full and frank disclosure of information relevant to all of the following: (1) The establishment or maintenance of parent and child relationships and support obligations. (2) The enforcement of the child support liability of absent parents. (3) The enforcement of spousal support liability of the spouse or former spouse to the extent required by the state plan under Section 11475.2 of this code and Part 6 (commencing with Section 5700.101) of Division 9 of the Family Code. (4) The location of absent parents. (5) The location of parents and children abducted, concealed, or detained by them. (b) (1) Except as provided in subdivision (c), all files, applications, papers, documents, and records established or maintained by any public entity pursuant to the administration and implementation of the child and spousal support enforcement program established pursuant to Part D (commencing with Section 651) of Subchapter IV of Chapter 7 of Title 42 of the United States Code and this article, shall be confidential, and shall not be open to examination or released for disclosure for any purpose not directly connected with the administration of the child and spousal support enforcement program. No public entity shall disclose any file, application, paper, document, or record, or the information contained therein, except as expressly authorized by this section. (2) In no case shall information be released or the whereabouts of one party or the child disclosed to another party, or to the attorney of any other party, if a protective order has been issued by a court or administrative agency with respect to the former party, a good cause claim under Section 11477.04 has been approved or is pending, or the public agency responsible for establishing paternity or enforcing support has reason to believe that the release of the information may result in physical or emotional harm to the former party or the child. (3) Notwithstanding any other provision of law, a proof of service filed by the district attorney shall not disclose the address where service of process was accomplished. Instead, the district attorney shall keep the address in the district attorney’s own records. The proof of service shall specify that the address is on record at the district attorney’s office and that the address may be released only upon an order from the court pursuant to paragraph (6) of subdivision (c). The district attorney shall, upon request by a party served, release to that person the address where service was effected. (c) Disclosure of the information described in subdivision (b) is authorized as follows: (1) All files, applications, papers, documents, and records as described in subdivision (b) shall be available and may be used by a public entity for all administrative, civil, or criminal investigations, actions, proceedings, or prosecutions conducted in connection with the administration of the child and spousal support enforcement program approved under Part D (commencing with Section 651) of Subchapter IV of Chapter 7 of Title 42 of the United States Code, and any other plan or program described in Section 303.21 of Title 45 of the Code of Federal Regulations and to the county welfare department responsible for administering a program operated under a state plan pursuant to Subpart 1 or 2 of Part B or Part E of Subchapter IV of Chapter 7 of Title 42 of the United States Code. (2) A document requested by a person who wrote, prepared, or furnished the document may be examined by or disclosed to that person or the person’s designee. (3) The payment history of an obligor pursuant to a support order may be examined by or released to the court, the obligor, or the person on whose behalf enforcement actions are being taken or that person’s designee. (4) Income and expense information of either parent may be released to the other parent for the purpose of establishing or modifying a support order. (5) Public records subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) may be released. (6) After a noticed motion and a finding by the court, in a case in which establishment or enforcement actions are being taken, that release or disclosure to the obligor or obligee is required by due process of law, the court may order a public entity that possesses an application, paper, document, or record as described in subdivision (b) to make that item available to the obligor or obligee for examination or copying, or to disclose to the obligor or obligee the contents of that item. Article 9 (commencing with Section 1040) of Chapter 4 of Division 8 of the Evidence Code shall not be applicable to proceedings under this part. At any hearing of a motion filed pursuant to this section, the court shall inquire of the district attorney and the parties appearing at the hearing if there is reason to believe that release of the requested information may result in physical or emotional harm to a party. If the court determines that harm may occur, the court shall issue any protective orders or injunctive orders restricting the use and disclosure of the information as are necessary to protect the individuals. (7) To the extent not prohibited by federal law or regulation, information indicating the existence or imminent threat of a crime against a child; location of a concealed, detained, or abducted child; or the location of the concealing, detaining, or abducting person, may be disclosed to any district attorney, any appropriate law enforcement agency, or to any state or county child protective agency, or may be used in any judicial proceedings to prosecute that crime or to protect the child. (8) (A) The social security number, most recent address, and the place of employment of the absent parent may be released to an authorized person as defined in Section 653(c) of Title 42 of the United States Code, only if the authorized person has filed a request for the information, and only if the information has been provided to the California Parent Locator Service by the federal Parent Locator Service pursuant to Section 653 of Title 42 of the United States Code. (B) The information described in subparagraph (A) may be disclosed to the county child welfare agency and the county probation department responsible for administering a program operated under a state plan pursuant to Subpart 1 (commencing with Section 621) or 2 (commencing with Section 629) of Part B of, or pursuant to Part E (commencing with Section 670) of, Subchapter IV of Chapter 7 of Title 42 of the United States Code. Information exchanged between the California Parent Locator Service or the California Child Support Automation System, or its replacement, and the county welfare agency shall be through automated processes to the maximum extent feasible. (C) On or before July 1, 2013, the State Department of Social Services and the Department of Child Support Services shall issue an all-county letter or similar instruction explaining that county child welfare and probation agencies are entitled to the information described in paragraph (9) of subdivision (c) of Section 17212 and subdivision (c) of Section 17506 of the Family Code. (d) (1) “Administration and implementation of the child and spousal support enforcement program,” as used in this section, means the carrying out of the state and local plans for establishing, modifying, and enforcing child support obligations, enforcing spousal support orders, and determining paternity pursuant to Part D (commencing with Section 651) of Subchapter IV of Chapter 7 of Title 42 of the United States Code and this article. (2) For purposes of this section, “obligor” means any person owing a duty of support. (3) As used in this chapter, “putative parent” shall refer to any person reasonably believed to be the parent of a child for whom the local child support agency is attempting to establish paternity or establish, modify, or enforce support pursuant to Section 17400 of the Family Code. (e) Any person who willfully, knowingly, and intentionally violates this section is guilty of a misdemeanor. (f) Nothing in this section shall be construed to compel the disclosure of information relating to a deserting parent who is a recipient of aid under a public assistance program for which federal aid is paid to this state, if that information is required to be kept confidential by the federal law or regulations relating to the program. (Amended by Stats. 2021, Ch. 615, Sec. 437. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
11479.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. )
Verify source ↗

The county department must refer the applicant to the local child support agency when paternity has not been established to its satisfaction. If adoption is being considered, the local child support agency must delay investigation and other action until told the adoption is no longer under consideration, then it must conduct any necessary investigation and may bring a Family Code action if appropriate.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. ) ## 11479. In all cases in which the paternity of the child has not been established to the satisfaction of the county department, the county department shall refer the applicant to local child support agency at the time the application is signed. Upon the advice of a county department that a child is being considered for adoption, and regardless of whether or not the whereabouts of the parent is known, the local child support agency shall delay the investigation and other action with respect to the case until advised that the adoption is no longer under consideration. The local child support agency shall conduct such investigation as the agency considers necessary, and where he or she deems it appropriate, the agency may bring an action under Chapter 4 (commencing with Section 7630) of Part 3 of Division 12 of the Family Code. When the cause is at issue, it shall be set for trial at the earliest possible date and shall take precedence over all other cases except older matters of the same character and matters to which precedence may be given by law. (Amended by Stats. 1999, Ch. 478, Sec. 46. Effective January 1, 2000.)
11480.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. )
Verify source ↗

A person other than a needy child may not willfully and knowingly use or receive any part of an aid grant for anything other than support of the needy children and the caretaker involved; doing so is a misdemeanor.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. ) ## 11480. Any person other than a needy child, who willfully and knowingly receives or uses any part of an aid grant paid pursuant to this chapter for a purpose other than support of the needy children and the caretaker involved, is guilty of a misdemeanor. (Added by Stats. 1965, Ch. 1784.)
11481.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. )
Verify source ↗

If a district attorney, while investigating under this article, finds that a person’s act or failure to act causes or may cause a child receiving aid to fall within certain code sections, the district attorney must prosecute that person under Penal Code Section 272.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. ) ## 11481. If the district attorney, during the course of any investigation made by him pursuant to this article, determines that any person has committed any act or has omitted the performance of any duty, which act or omission causes or tends to cause or encourage any child receiving aid under this chapter to come within the provisions of Sections 300, 601, or 602 of this code, the district attorney shall prosecute such person under the provisions of Section 272 of the Penal Code. (Amended by Stats. 1979, Ch. 373.)
11481.5.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. )
Verify source ↗

The department must evaluate the effectiveness of a 24-hour welfare fraud hotline pilot project.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. ) ## 11481.5. The department shall evaluate the effectiveness of a 24-hour welfare fraud hotline pilot project, to assess greater public involvement and assistance in welfare fraud detection. (Added by Stats. 1984, Ch. 1448, Sec. 3.5.)
11482.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. )
Verify source ↗

A person other than a needy child may not falsely claim or keep aid by deception or by hiding a material fact; doing so is a misdemeanor, except as specified in Section 11482.5.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. ) ## 11482. Any person other than a needy child, who willfully and knowingly, with the intent to deceive, makes a false statement or representation or knowingly fails to disclose a material fact to obtain aid, or who, knowing he or she is not entitled thereto, attempts to obtain aid or to continue to receive aid to which he or she is not entitled, or a larger amount than that to which he or she is legally entitled, is guilty of a misdemeanor, except as specified in Section 11482.5 and shall be subject to prosecution under the provisions of Chapter 9 (commencing with Section 10980) of Part 2. (Amended by Stats. 1984, Ch. 1448, Sec. 4.)
11482.5.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. )
Verify source ↗

A person who knowingly files multiple aid applications to create multiple entitlements, or uses a false identity or fictitious/nonexistent person on an aid application, commits a felony.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. ) ## 11482.5. Any person who knowingly makes more than one application for aid with the intent of establishing multiple entitlements for any person for the same period, or who makes an application for aid by claiming a false identity for any person or by making an application for a fictitious or nonexistent person, is guilty of a felony and shall be subject to prosecution under the provisions of Chapter 9 (commencing with Section 10980) of Part 2. (Amended by Stats. 1984, Ch. 1448, Sec. 5.)
11483.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. )
Verify source ↗

A person who gets aid for a child by false statements, impersonation, or other fraud may be prosecuted, unless Section 11483.5 applies.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. ) ## 11483. Except as specified in Section 11483.5, whenever any person has, by means of false statement or representation or by impersonation or other fraudulent device, obtained aid for a child not in fact entitled thereto, the person obtaining such aid shall be subject to prosecution under the provisions of Chapter 9 (commencing with Section 10980) of Part 2. When the allegation is limited to failure to report not more than two thousand dollars ($2,000) of income or resources, or the failure to report the presence of an additional person or persons in the household, all actions necessary to secure restitution shall be brought against persons in violation of Section 10980. The action for restitution may be satisfied by sending a registered letter requesting restitution to the last address at which the person was receiving public assistance. (Amended by Stats. 1984, Ch. 1448, Sec. 6.)
11483.5.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. )
Verify source ↗

A person who knowingly files multiple aid applications to get more than one aid payment, or who uses a false, fictitious, or nonexistent identity, commits a felony and can be prosecuted under Chapter 9 of Part 2.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. ) ## 11483.5. Any person who obtains more than one aid payment for any person as a result of knowingly making more than one application for aid with the intent of establishing multiple entitlements for that person during the same period, or who obtains aid for any person by making an application claiming a false identity or by making an application for a fictitious or nonexistent person, is guilty of a felony, and shall be subject to prosecution under the provisions of Chapter 9 (commencing with Section 10980) of Part 2. (Amended by Stats. 1984, Ch. 1448, Sec. 7.)
11484.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. )
Verify source ↗

On request, state, county, and local agencies must cooperate with public-assistance-fraud investigators by providing information on hand about the location and prosecution of certain aid applicants or recipients, subject to confidentiality limits.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. ) ## 11484. On request, all state, county, and local agencies shall cooperate with an investigator of an agency whose primary function is to detect, prevent, or prosecute public assistance fraud, by providing all information on hand relative to the location and prosecution of any person who has, by means of false statement or representation or by impersonation or other fraudulent device, obtained aid, or attempted to obtain aid for an individual under this chapter. That information is subject to confidentiality requirements under Chapter 5 (commencing with Section 10850) of Part 2. For purposes of this section, “information” shall not include taxpayer return information as defined in Section 19549 of the Revenue and Taxation Code, unless disclosure of this information is expressly authorized pursuant to Article 2 (commencing with Section 19501) of Chapter 7 of Part 10.2 of the Revenue and Taxation Code. (Added by Stats. 2000, Ch. 808, Sec. 128. Effective September 28, 2000.)
11485.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. )
Verify source ↗

If aid has been applied for or is likely to be applied for a child in a pending divorce or separate maintenance case, the court must direct the clerk to notify the local child support agency and county department. If aid has been applied for and the county department knows of a filed divorce or separate maintenance action, the county director must notify the court and provide available financial information about the parents. The article’s enforcement remedies do not bar other legal remedies.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. ) ## 11485. If, to the knowledge of the court, aid has been applied for or granted to a child of parents who are engaged in a divorce or separate maintenance action which is pending, or if the court at any stage of the litigation believes that within the near future there is a likelihood that aid will be applied for on behalf of the child, the court shall direct the clerk to notify the local child support agency and the county department of the pending action. In any case in which aid has been applied for on behalf of the child, and the county department has knowledge that an action for divorce or separate maintenance has been filed, it shall be the duty of the county director to notify the court that aid is being paid or has been applied for, and to furnish to it such information as is available to the county department as to the financial resources of the parents which might be applied to child support. The enforcement remedies provided the local child support agency under this article shall not preclude the use of any other remedy which he has under the law to enforce this article. (Amended by Stats. 1999, Ch. 478, Sec. 49. Effective January 1, 2000.)
11486.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. )
Verify source ↗

This section says certain aid recipients’ needs must not be counted against the family after specified fraud findings, and it sets sanction periods, confidentiality rules, and county recovery-sharing rules.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. ) ## 11486. (a) The needs of any individual who is a member of a family applying for, or receiving, aid under this chapter shall not be taken into account in making the determination under Section 11450 with respect to his or her family beginning on the date, or at any time thereafter, the individual is found in state or federal court or pursuant to an administrative hearing decision, including any determination made on the basis of a plea of guilty or nolo contendere, to have committed any of the following acts: (1) Making a fraudulent statement or representation with respect to the place of residence of the individual in order to receive assistance simultaneously from two or more states or counties. (2) Submitting documents for nonexistent children, or submitting false documents for the purpose of showing ineligible children to be eligible for aid. (3) When there has been a receipt of cash benefits that exceeds ten thousand dollars ($10,000) as a result of intentionally and willfully doing any of the following acts for the purpose of establishing or maintaining the family’s eligibility for aid or increasing or preventing a reduction in the amount of aid: (A) Making a false or misleading statement or misrepresenting, concealing, or withholding facts. (B) Committing any act intended to mislead, misrepresent, conceal, or withhold facts or propound a falsity. (b) The needs of any individual who is a member of a family applying for, or receiving, aid under this chapter shall not be taken into account in making the determination under Section 11450 with respect to his or her family for the following periods beginning on the date or any time thereafter the individual is convicted of a felony in state or federal court, including any determination made on the basis of a plea of guilty or nolo contendere, for committing fraud in the receipt or attempted receipt of aid: (1) For two years, if the amount of aid is less than two thousand dollars ($2,000). (2) For five years, if the amount of aid is two thousand dollars ($2,000) or more but is less than five thousand dollars ($5,000). (3) Permanently, if the amount of aid is five thousand dollars ($5,000) or more. (c) (1) Except as provided in subdivisions (a) and (b), the needs of any individual who is a member of a family applying for, or receiving, aid under this chapter to whom paragraph (2) applies shall not be taken into account in making the determination under Section 11450 with respect to his or her family for the following periods: (A) For a period of six months upon the first occasion of any offense referred to in paragraph (2). (B) For a period of 12 months upon the second occasion of any of those offenses referred to in paragraph (2). (C) Permanently, upon the third occasion of any offense referred to in subdivision (b) and paragraph (2). (2) Except as provided in subdivisions (a), (b), and (d), paragraph (1) shall apply to any individual who is found by a federal or state court, or pursuant to a special administrative hearing meeting the requirements of regulations adopted by the United States Secretary of Health and Human Services, including any determination made on the basis of a plea of guilty or nolo contendere, to have done any of the following acts for the purpose of establishing or maintaining the family’s eligibility for aid or increasing, or preventing a reduction in, the amount of that aid: (A) Making a false or misleading statement or misrepresenting, concealing, or withholding facts. (B) Committing any act intended to mislead, misrepresent, conceal, or withhold facts or propound a falsity. (d) (1) Except as provided in subdivisions (a) and (b), and notwithstanding subdivision (c), the needs of any individual who is a member of a family applying for, or receiving, aid under this chapter to whom paragraph (2) applies shall not be taken into account in making the determination under Section 11450 with respect to his or her family for the following periods: (A) For a period of two years upon the first occasion of any offense referred to in paragraph (2). (B) For a period of four years upon the second occasion of any offense referred to in paragraph (2). (C) Permanently, upon the third occasion of any offense referred to in subdivision (b) and paragraph (2). (2) Paragraph (1) shall apply to any individual who is found by a federal or state court, or pursuant to a special administrative hearing meeting the requirements of regulations adopted by the United States Secretary of Health and Human Services, including any determination made on the basis of a plea of guilty or nolo contendere, to have submitted more than one application for the same type of aid for the same period of time, for the purpose of receiving more than one grant of aid in order to establish or maintain the family’s eligibility for aid or increasing, or preventing a reduction in, the amount of that aid. (e) Proceedings against any individual alleged to have committed an offense described in subdivision (c) or (d) may be held either by hearing, pursuant to Section 10950 and in conformity with the regulations of the United States Secretary of Health and Human Services, if appropriate, or by referring the matter to the appropriate authorities for civil or criminal action in court. (f) The department shall coordinate any action taken under this section with any corresponding actions being taken under CalFresh in any case where the factual issues involved arise from the same or related circumstances. (g) Any period for which sanctions are imposed under this section shall remain in effect, without possibility of administrative stay, unless and until the findings upon which the sanctions were imposed are subsequently reversed by a court of appropriate jurisdiction, but in no event shall the duration of the period for which the sanctions are imposed be subject to review. (h) Sanctions imposed under this section shall be in addition to, and not in substitution for, any other sanctions which may be provided for by law with respect to the offenses for which the sanctions are imposed. (i) The department shall adopt regulations to ensure that any investigations made under this chapter are conducted throughout the state in such a manner as to protect the confidentiality of the current or former working recipient. (j) Each county shall receive an amount equal to 12.5 percent of the actual amount of aid under this chapter repaid or recovered by a county, as determined by the Director of the Department of Finance resulting from the detection of fraud. (Amended by Stats. 2011, Ch. 227, Sec. 57. (AB 1400) Effective January 1, 2012.)
11486.3.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. )
Verify source ↗

The department must examine CalWORKs sanction policy, develop recommendations to improve sanctions, and report findings and recommendations to specified legislative committees by April 1, 2005.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. ) ## 11486.3. (a) The department, in consultation with system stakeholders, including county welfare departments, shall examine the CalWORKs sanction policy, its implementation, and effect on work participation, including but not limited to all of the following: (1) The characteristics of the persons being sanctioned. (2) The reason participants are being sanctioned. (3) The length of time in sanctioned status. (4) Positive and negative sanction outcomes. (5) County variances in sanction policies, rates, and outcomes. (6) The relationship between sanction rates and work participation. (7) The impact of sanctions on families and their ability to become self-sufficient. (8) Adequacy of procedures to resolve noncompliance prior to the implementation of sanctions. (b) The department shall develop recommendations to improve the effectiveness of sanctions in achieving participant compliance, assisting families in becoming self-sufficient, and other desired program outcomes. (c) The department shall report its findings and recommendations to the appropriate fiscal and policy committees of the Legislature by April 1, 2005. (Added by Stats. 2004, Ch. 229, Sec. 38. Effective August 16, 2004.)
11486.5.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. )
Verify source ↗

An individual is not eligible for aid under this chapter if they are fleeing prosecution or custody after conviction for certain offenses, or if they are violating probation or parole conditions.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. ) ## 11486.5. (a) An individual shall not be eligible for aid under this chapter if the individual is either: (1) Fleeing to avoid prosecution, or custody and confinement after conviction, under the laws of the place from which the individual is fleeing, for a crime or an attempt to commit a crime that is a felony under the laws of the place from which the individual is fleeing, or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of that state. For the purposes of this section, an individual shall be determined to be fleeing to avoid prosecution, or custody and confinement after conviction, if a federal, state, or local law enforcement officer, acting in an official capacity, presents an outstanding felony arrest warrant containing one or more of the following National Crime Information Center Offense Classification Codes: (A) Escape (4901). (B) Flight to Avoid (4902). (C) Flight-Escape (4999). (2) Violating a condition of probation or parole imposed under federal law or the law of any state. (b) Subdivision (a) shall not apply with respect to conduct of an individual for any month beginning after the President of the United States grants a pardon with respect to the conduct. (Amended by Stats. 2023, Ch. 260, Sec. 24. (SB 345) Effective January 1, 2024.)
11487.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. )
Verify source ↗

Child support collections repaying aid are generally shared between the state, federal government, and county based on who paid funds, but the county share is suspended for certain fiscal years.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. ) ## 11487. (a) Whenever any aid under this chapter is repaid to the state by means of child support collections, the state shall be entitled to the amount received or recovered, except to the extent that county and federal funds were expended. If funds advanced by the federal government were paid, the federal government shall be entitled to a share of the amount received or recovered, proportionate to the amount of federal funds paid. Except as provided in subdivision (b), if funds were paid by a county, the county shall be entitled to a share of the amount received or recovered, proportionate to the amount of county funds paid. (b) For the 2011–12 and 2012–13 fiscal years, the county share of funds received or recovered pursuant to subdivision (a) shall instead be suspended and these funds shall be retained by the state. (Amended by Stats. 2012, Ch. 47, Sec. 31. (SB 1041) Effective June 27, 2012.)
11487.1.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. )
Verify source ↗

When county-collected aid is repaid or recovered, the state and, if applicable, the federal government are entitled to proportionate shares.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. ) ## 11487.1. Except as provided in Sections 11457 and 11487, whenever any aid under this chapter is repaid to a county or recovered by a county, the state shall be entitled to a share of the amount received or recovered, proportionate to the amount of state funds paid, and, if funds advanced by the federal government were paid, the federal government shall be entitled to a share of the amount received or recovered, proportionate to the amount of federal funds paid. (Added by Stats. 2011, Ch. 32, Sec. 58. (AB 106) Effective June 29, 2011.)
11487.5.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. )
Verify source ↗

The department must run a county reimbursement program for overpayment recoveries, but only when the section’s funding and cost-savings conditions are met.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7. Enforcement [11476.6 - 11487.5] ( Article 7 added by Stats. 1965, Ch. 1784. ) ## 11487.5. (a) Notwithstanding any other provision of law, including Sections 11487 and 15204.5, the department shall implement a program in any participating county whereby the county shall be reimbursed for overpayment recoveries under Section 11004 as follows: (1) Reimbursement shall be made to a participating county based on a plan of operations for a program of overpayment recoveries that is approved by the department. No operating plan shall be approved by the department unless the plan contains assurances that the participating county will maintain a centralized unit or designate a person or persons to perform the overpayment recovery activities. (2) Reimbursement shall be made for all allowable administrative costs incurred, as defined by the department, to make a recovery of overpayments under Section 11004, not to exceed the state’s share of the overpayments recovered by the county. (b) For purposes of this section, “participating county” means any county in which the welfare director applies to the department for participation in the program prescribed by this section. (c) This section shall be implemented when both of the following have occurred: (1) The federal government has made funding available for the activities described in this section. (2) The Department of Finance has examined the annual projection of costs and savings for these activities certified by the director, and has determined that during each fiscal year in which the director proposes to implement these provisions the savings to the General Fund from increased overpayment recoveries equals or exceeds the additional costs to the state. (Amended by Stats. 2001, Ch. 745, Sec. 246. Effective October 12, 2001.)
11495.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7.5. Family Violence Option: Domestic Violence and Welfare [11495 - 11495.40] ( Article 7.5 added by Stats. 1997, Ch. 270, Sec. 155. )
Verify source ↗

The Legislature states that this article should maximize protections for survivors of domestic violence and related abuse, and should not be implemented in a way that puts victims at further risk or unfairly penalizes them under CalWORKs.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7.5. Family Violence Option: Domestic Violence and Welfare [11495 - 11495.40] ( Article 7.5 added by Stats. 1997, Ch. 270, Sec. 155. ) ## 11495. It is the intent of the Legislature in enacting this article to maximize protections afforded to survivors of domestic violence, sexual harassment, sexual assault, and stalking through the provisions of this article. By adopting this provision, the Legislature recognizes that some individuals who may need public assistance have been or are victims of abuse, and intends to ensure that applicants and recipients who are past or present victims of abuse are not placed at further risk or unfairly penalized by CalWORKs requirements and procedures. The Legislature intends that, in implementing this article, program requirements not be created or applied in such a way as to encourage a victim to remain with the person committing the abuse. (Amended by Stats. 2025, Ch. 386, Sec. 1. (AB 969) Effective January 1, 2026.)
11495.1.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7.5. Family Violence Option: Domestic Violence and Welfare [11495 - 11495.40] ( Article 7.5 added by Stats. 1997, Ch. 270, Sec. 155. )
Verify source ↗

The department must align CalWORKs with federal family-violence protections, develop abuse-handling protocols by January 1, 2027, and may use all-county letters temporarily until regulations are adopted.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7.5. Family Violence Option: Domestic Violence and Welfare [11495 - 11495.40] ( Article 7.5 added by Stats. 1997, Ch. 270, Sec. 155. ) ## 11495.1. (a) The department shall align CalWORKs with, and not be more restrictive than, the federal family violence option pursuant to Section 402(a)(7) of the federal Social Security Act (42 U.S.C. Sec. 602(a)(7)), and the requirements concerning survivors of abuse pursuant to Section 402(a)(8) of the federal Social Security Act (42 U.S.C. Sec. 602(a)(8)), and shall, to the fullest extent permitted, maximize protections afforded to survivors of abuse. (b) On or before January 1, 2027, the department shall develop protocols on handling cases in which applicants and recipients are past or present victims of abuse. The protocols shall define domestic abuse, and shall address training standards and curricula, individual case assessments, confidentiality procedures, notice procedures and counseling or other appropriate participation requirements as part of an overall plan to transition from welfare-to-work. The protocol shall specify how counties shall do the following: (1) Identify applicants and recipients of assistance under this chapter who have been or are victims of abuse, including those who self-identify, while protecting confidentiality. (2) Refer these individuals to supportive services. (3) Waive program requirements, on a case-by-case basis, for so long as necessary, in accordance with Section 11495.15, as added by the act that added subdivision (e). Requirements that shall be waived, if eligible, include, but are not limited to, time limits on receipt of assistance, work requirements, educational requirements, paternity establishment and child support cooperation requirements. (4) Issue an adequate written notice of action to each applicant or recipient of the determination about whether a waiver will be issued, and if a waiver is denied, the specific reasons for the denial. (5) Issue timely and adequate notice of action when discontinuing a waiver that includes the specific reasons for termination. (c) Waivers of time limits granted pursuant to this section shall not be implemented if federal statutes or regulations clarify that abuse victims are included in the 20-percent hardship exemptions and that no good cause waivers of the 20-percent limit will be granted to the state for victims of abuse, thereby incurring a penalty to the state. (d) Waivers of the work requirements granted pursuant to this section shall not be implemented if federal statutes or regulations clarify that the state will be penalized for failing to meet work participation requirements due to granting waivers to abuse victims. (e) Notwithstanding the rulemaking provisions of 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 may implement, interpret, or make specific the changes made to this section by the act that added this subdivision by means of all-county letters or similar written instructions from the department until regulations are adopted. These all-county letters or similar instructions shall have the same force and effect as regulations until the adoption of regulations. (Amended by Stats. 2025, Ch. 386, Sec. 2. (AB 969) Effective January 1, 2026.)
11495.12.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7.5. Family Violence Option: Domestic Violence and Welfare [11495 - 11495.40] ( Article 7.5 added by Stats. 1997, Ch. 270, Sec. 155. )
Verify source ↗

This section defines “abuse” for this article as battering or extreme cruelty, including several listed forms of physical, sexual, mental, and related abuse.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7.5. Family Violence Option: Domestic Violence and Welfare [11495 - 11495.40] ( Article 7.5 added by Stats. 1997, Ch. 270, Sec. 155. ) ## 11495.12. For purposes of this article, until regulations are adopted pursuant to Section 11495.1, the term “abuse” means battering or subjecting a victim to extreme cruelty by (1) physical acts that resulted in or threatened to result in physical injury, (2) sexual abuse, (3) sexual activity involving a child in the home, (4) being forced to participate in nonconsensual sexual acts or activities, (5) threats of, or attempts at, physical or sexual abuse, (6) mental abuse, (7) neglect or deprivation of medical care, or (8) stalking. (Added by Stats. 1997, Ch. 270, Sec. 155. Effective August 11, 1997. Operative January 1, 1998, by Sec. 183 of Ch. 270.)
11495.17.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7.5. Family Violence Option: Domestic Violence and Welfare [11495 - 11495.40] ( Article 7.5 added by Stats. 1997, Ch. 270, Sec. 155. )
Verify source ↗

The department must update the Legislature at hearings during the annual budget process and include a report summary about actions taken to address survivors’ needs.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7.5. Family Violence Option: Domestic Violence and Welfare [11495 - 11495.40] ( Article 7.5 added by Stats. 1997, Ch. 270, Sec. 155. ) ## 11495.17. During the annual budget process, the department shall update the Legislature at hearings regarding the number of CalWORKs recipients, aggregated by county, who have been identified as potential victims of domestic abuse during the online CalWORKs appraisal process, and the number of CalWORKs recipients who have been identified as survivors of nondomestic stalking, sexual abuse, and sexual harassment. The report shall also include a summary of actions taken by the department to address the specific and unique needs of survivors of abuse. (Amended by Stats. 2025, Ch. 386, Sec. 7. (AB 969) Effective January 1, 2026.)
11495.25.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7.5. Family Violence Option: Domestic Violence and Welfare [11495 - 11495.40] ( Article 7.5 added by Stats. 1997, Ch. 270, Sec. 155. )
Verify source ↗

Sworn statements from a victim of past or present abuse are enough to establish abuse unless the agency documents a written, independent, reasonable basis for finding the recipient not credible.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7.5. Family Violence Option: Domestic Violence and Welfare [11495 - 11495.40] ( Article 7.5 added by Stats. 1997, Ch. 270, Sec. 155. ) ## 11495.25. Sworn statements by a victim of past or present abuse shall be sufficient to establish abuse unless the agency documents in writing an independent, reasonable basis to find the recipient not credible. Evidence may also include, but is not limited to: police, government agency, or court records or files; documentation from a domestic violence program, legal, clerical, medical or other professional from whom the applicant or recipient has sought assistance in dealing with abuse; or other evidence, such as a statement from any other individual with knowledge of the circumstances that provide the basis for the claim, physical evidence of abuse, or any other evidence that supports the statement. (Amended by Stats. 2006, Ch. 538, Sec. 703. Effective January 1, 2007.)
11495.40.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7.5. Family Violence Option: Domestic Violence and Welfare [11495 - 11495.40] ( Article 7.5 added by Stats. 1997, Ch. 270, Sec. 155. )
Verify source ↗

The department must adopt a model curriculum for domestic violence and sexual abuse prevention training, and county welfare agencies must decide which staff will be trained.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 7.5. Family Violence Option: Domestic Violence and Welfare [11495 - 11495.40] ( Article 7.5 added by Stats. 1997, Ch. 270, Sec. 155. ) ## 11495.40. The department shall adopt a model curriculum for domestic violence and sexual abuse prevention training, based on the statewide protocol, in consultation with the task force identified in Section 11495.1. County welfare agencies shall determine which staff will be trained. (Added by Stats. 1997, Ch. 270, Sec. 155. Effective August 11, 1997. Operative January 1, 1998, by Sec. 183 of Ch. 270.)
11500.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 8. Employment Retention Services [11500- 11500.] ( Article 8 repealed and added by Stats. 1997, Ch. 270, Sec. 157. )
Verify source ↗

The county may continue case management and services to eligible aid recipients or recent former recipients who are employed, to help them keep their jobs.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 8. Employment Retention Services [11500- 11500.] ( Article 8 repealed and added by Stats. 1997, Ch. 270, Sec. 157. ) ## 11500. The county may continue to provide case management and services to either a recipient of aid under this chapter not participating under Article 3.2 (commencing with Section 11320) or a former recipient of aid under this chapter who has received aid within the previous 12 months if a recipient or former recipient is employed, in order to assist the individual in retaining employment. These job retention services may be provided for up to 12 months after the first day of employment, to the extent they are not provided by the employer, the entity that arranged the job placement, if other than the county, and, to the extent that the services are not available from other sources. (Repealed and added by Stats. 1997, Ch. 270, Sec. 157. Effective August 11, 1997. Operative January 1, 1998, by Sec. 183 of Ch. 270.)
1152.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 7. Escapes [1152 - 1155] ( Article 7 enacted by Stats. 1937, Ch. 369. )
Verify source ↗

A person who willfully helps certain Youth Authority parolees, escapees, wards, or persons in custody escape or try to escape commits a misdemeanor; if force or violence is used, the person can face prison or jail time.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 7. Escapes [1152 - 1155] ( Article 7 enacted by Stats. 1937, Ch. 369. ) ## 1152. (a) Any person who without the use of force or violence willfully assists any parolee of the Department of the Youth Authority whose parole has been revoked, any escapee, any ward confined to a Department of the Youth Authority institution or facility, or who is being transported to or from that institution or facility, or any person in the lawful custody of any officer or person to escape or in an attempt to escape from a Department of the Youth Authority institution or facility, or custody, is guilty of a misdemeanor. (b) Any person who with the use of force or violence willfully assists any parolee of the Department of the Youth Authority whose parole has been revoked, any escapee, any ward confined to a Department of the Youth Authority institution or facility, or who is being transported to or from that institution or facility, or any person in the lawful custody of any officer or person to escape or in an attempt to escape from a Department of the Youth Authority institution or facility, or custody, is punishable by imprisonment in the state prison for a term of 16 months, two, or three years or in the county jail for a term not exceeding one year. (Amended by Stats. 1991, Ch. 687, Sec. 1.)
11520.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 9. Evaluation of CalWORKs Program Implementation [11520 - 11523.7] ( Article 9 added by Stats. 1997, Ch. 270, Sec. 158. )
Verify source ↗

The State Department of Social Services must ensure a comprehensive, independent statewide evaluation of the CalWORKs program and provide accurate evaluative information to the Legislature in a timely way.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 9. Evaluation of CalWORKs Program Implementation [11520 - 11523.7] ( Article 9 added by Stats. 1997, Ch. 270, Sec. 158. ) ## 11520. The State Department of Social Services shall ensure that a comprehensive, independent statewide evaluation of the CalWORKs program is undertaken and that accurate evaluative information is made available to the Legislature in a timely fashion. (Added by Stats. 1997, Ch. 270, Sec. 158. Effective August 11, 1997. Operative January 1, 1998, by Sec. 183 of Ch. 270.)
11520.3.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 9. Evaluation of CalWORKs Program Implementation [11520 - 11523.7] ( Article 9 added by Stats. 1997, Ch. 270, Sec. 158. )
Verify source ↗

The department must develop a research design to thoroughly evaluate the CalWORKs program’s direct and indirect effects.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 9. Evaluation of CalWORKs Program Implementation [11520 - 11523.7] ( Article 9 added by Stats. 1997, Ch. 270, Sec. 158. ) ## 11520.3. The department shall develop a research design to ensure a thorough evaluation of the direct and indirect effects of the CalWORKs program. Effects shall include, but not be limited to, employment, earnings, self-sufficiency, child care, child support, child well-being, family structure, and impacts on local government. Child well-being shall include entries into foster care, at-risk births, school achievement, child abuse reports, and rates of child poverty. (Added by Stats. 1997, Ch. 270, Sec. 158. Effective August 11, 1997. Operative January 1, 1998, by Sec. 183 of Ch. 270.)
11520.5.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 9. Evaluation of CalWORKs Program Implementation [11520 - 11523.7] ( Article 9 added by Stats. 1997, Ch. 270, Sec. 158. )
Verify source ↗

Independent evaluator(s) must conduct the statewide CalWORKs evaluation and report on the program’s process, impacts, and cost-benefit analysis.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 9. Evaluation of CalWORKs Program Implementation [11520 - 11523.7] ( Article 9 added by Stats. 1997, Ch. 270, Sec. 158. ) ## 11520.5. The statewide evaluation shall be conducted by an independent evaluator or evaluators. It shall represent a clear delineation of the research questions and shall, through discrete reports issued at regular intervals, provide information regarding process, impacts, and analyses of the costs and benefits of the CalWORKs program. (Added by Stats. 1997, Ch. 270, Sec. 158. Effective August 11, 1997. Operative January 1, 1998, by Sec. 183 of Ch. 270.)
11520.7.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 9. Evaluation of CalWORKs Program Implementation [11520 - 11523.7] ( Article 9 added by Stats. 1997, Ch. 270, Sec. 158. )
Verify source ↗

The department must make certain CalWORKs county demonstration and innovative county program evaluations are independent and rigorous, and report the findings to the Legislature promptly.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 9. Evaluation of CalWORKs Program Implementation [11520 - 11523.7] ( Article 9 added by Stats. 1997, Ch. 270, Sec. 158. ) ## 11520.7. The department shall ensure that county demonstration projects and other innovative county approaches to CalWORKs program implementation are independently and rigorously evaluated and that findings are reported to the Legislature in a timely fashion. The evaluation of a county-specific program shall be developed in conjunction with the county and other appropriate agencies responsible for the local program. (Added by Stats. 1997, Ch. 270, Sec. 158. Effective August 11, 1997. Operative January 1, 1998, by Sec. 183 of Ch. 270.)
11521.3.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 9. Evaluation of CalWORKs Program Implementation [11520 - 11523.7] ( Article 9 added by Stats. 1997, Ch. 270, Sec. 158. )
Verify source ↗

The department must, when evaluating or commissioning CalWORKs program implementation, use or build on existing welfare data archives as far as practical.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 9. Evaluation of CalWORKs Program Implementation [11520 - 11523.7] ( Article 9 added by Stats. 1997, Ch. 270, Sec. 158. ) ## 11521.3. Evaluation of CalWORKs program implementation conducted or commissioned by the department shall, to the extent practical, use or build upon existing welfare data archives, including, but not limited to, the data bases and research completed to date as part of the Work Pays Demonstration Project authorized pursuant to Chapter 97 of the Statutes of 1992. (Added by Stats. 1997, Ch. 270, Sec. 158. Effective August 11, 1997. Operative January 1, 1998, by Sec. 183 of Ch. 270.)
11521.5.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 9. Evaluation of CalWORKs Program Implementation [11520 - 11523.7] ( Article 9 added by Stats. 1997, Ch. 270, Sec. 158. )
Verify source ↗

The department may access and obtain county data on recipients of cash aid, in-kind payments, or supportive services for tracking, monitoring, research, and evaluation.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 9. Evaluation of CalWORKs Program Implementation [11520 - 11523.7] ( Article 9 added by Stats. 1997, Ch. 270, Sec. 158. ) ## 11521.5. The department shall have access and authority to obtain for tracking, monitoring, research and evaluation purposes to data collected by counties on recipients receiving cash aid, in-kind payments, or supportive services. (Added by Stats. 1997, Ch. 270, Sec. 158. Effective August 11, 1997. Operative January 1, 1998, by Sec. 183 of Ch. 270.)
11522.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 9. Evaluation of CalWORKs Program Implementation [11520 - 11523.7] ( Article 9 added by Stats. 1997, Ch. 270, Sec. 158. )
Verify source ↗

The department must work with county representatives and the Legislature to develop ways to improve data collection and management information reporting for CalWORKs.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 9. Evaluation of CalWORKs Program Implementation [11520 - 11523.7] ( Article 9 added by Stats. 1997, Ch. 270, Sec. 158. ) ## 11522. The department, in conjunction with participating representatives of counties and the Legislature, shall develop approaches to improving data collection and management information reporting in the CalWORKs program. (Added by Stats. 2005, Ch. 78, Sec. 28. Effective July 19, 2005.)
11523.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 9. Evaluation of CalWORKs Program Implementation [11520 - 11523.7] ( Article 9 added by Stats. 1997, Ch. 270, Sec. 158. )
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This section creates Cal-OAR and requires the state department and counties to carry out reporting, review, assessment, and improvement-plan duties for CalWORKs programs.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 9. Evaluation of CalWORKs Program Implementation [11520 - 11523.7] ( Article 9 added by Stats. 1997, Ch. 270, Sec. 158. ) ## 11523. (a) This section shall be known and may be cited as the CalWORKs Outcomes and Accountability Review Act of 2017. (b) The State Department of Social Services shall establish, by July 1, 2019, the California CalWORKs Outcomes and Accountability Review (Cal-OAR) to facilitate a local accountability system that fosters continuous quality improvement in county CalWORKs programs and in the collection and dissemination by the department of best practices in service delivery. The Cal-OAR shall cover CalWORKs services provided to current and former recipients, including those who are in sanction or exempt status or who are unengaged, and shall include the programmatic elements that each county offers as part of its CalWORKs service array as well as any local program components, and shall consist of performance indicators, a county CalWORKs self-assessment process, and a county CalWORKs system improvement plan. For purposes of this section, “CalWORKs services” shall include welfare-to-work, family stabilization, housing support, and post-employment job retention services. (c) (1) (A) By October 1, 2017, the department shall convene a workgroup comprised of representatives from county human services agencies, legislative staff, interested welfare advocacy and research organizations, current and former CalWORKs recipients, organizations that represent county human services agencies and county boards of supervisors, representatives of community colleges, tribal organizations, and the workforce investment system, and any other state entities that the department deems necessary. The workgroup members shall also include individuals with expertise related to domestic violence, substance abuse, and mental health. The workgroup shall establish a workplan by which the Cal-OAR shall be conducted, pursuant to the provisions described in this section, including a process for qualitative peer reviews of counties’ CalWORKs services. The workgroup shall discuss potential costs for state and county participation. (B) The department shall report annually to the Subcommittee on Health and Human Services of the Senate Committee on Budget and Fiscal Review and the Subcommittee on Health and Human Services of the Assembly Committee on Budget during the budget process with an update on the schedule for development of and future changes to the Cal-OAR. (2) At a minimum, in establishing the work plan, the workgroup shall consider existing CalWORKs performance indicators being measured, additional, alternative, or additional and alternative process and outcome indicators to be measured, development of uniform elements of the county CalWORKs self-assessment and the county CalWORKs system improvement plans, timelines for implementation, recommendations for reducing the existing CalWORKS services data reporting burden in light of new requirements established by the act that added this section and the resulting Cal-OAR, recommendations for financial incentives to counties for achievement on performance measures, and an analysis of the county and state workload associated with implementation of the requirements of this section. (d) The Cal-OAR shall consist of the following three components: performance indicators, a county CalWORKs self-assessment, and a county CalWORKs system improvement plan. (1) (A) The Cal-OAR performance indicators shall be consistent with programmatic goals for the CalWORKs program, and shall include both process and outcome measures. These measures shall be established in order to provide baseline and ongoing information about how the state and counties are performing over time and to inform and guide each county human services agency’s CalWORKs self-assessment and CalWORKs system improvement plan. (i) Process measures shall include measures of participant engagement, CalWORKs service delivery, and participation. Specific process measures shall be established by the department, in consultation with the workgroup, and may include measures of engagement as shown by improvement in program participation, timeliness of service provision, rates of utilization of program components, such as vocational education, and referrals and utilization of services based upon recommendations from the Online CalWORKs Appraisal Tool. (ii) Outcome measures shall include measures of employment, educational attainment, program exits, and program reentries, and may include other indicators of family and child well-being as determined by the department, in consultation with the workgroup. (B) Performance indicator data available in existing county data systems shall be collected by counties and provided to the department, and performance indicator data available in existing state department data systems shall be collected by the department and provided to the counties. These data shall be reported in a manner and on a schedule to be determined by the department, in consultation with the workgroup, but no less frequently than semiannually. (C) (i) During the first five-year Cal-OAR cycle, performance indicator data, as reported by each county, shall be used to establish both county and statewide baselines for each of the process measures. After the first review cycle, the department shall, in consultation with the workgroup, establish standard target thresholds for each of the process measures established by the workgroup. (ii) The department, in consultation with the workgroup, shall develop a process for resolving any disputes regarding the establishment of standard process thresholds pursuant to clause (i). (D) For subsequent reviews, and based upon availability of additional data from enhancements to the Statewide Automated Welfare System or through interagency data-sharing agreements, the workgroup shall convene, as necessary, to consider whether to establish additional performance indicators that support the programmatic goals for the CalWORKs program. Any additional performance indicators established shall also be subject to the process described in subparagraph (C) and include consideration of when data on the additional performance indicators would be available for reporting, if not already available. (E) If, during subsequent reviews, there is sufficient reason to establish statewide performance standards for one or more outcome measures, the department may, in consultation with the workgroup, establish those standards for each of the agreed-upon outcome measures. In making a determination as to whether there is sufficient reason to establish performance standards for any outcome measure, the department shall consider whether all counties could reasonably be expected to meet those standards given local variability in employment opportunities, availability of services, demographics, educational opportunities, and funding, among other things. (2) (A) The county CalWORKs self-assessment component of the Cal-OAR, as established by the workgroup, shall require the county human services agencies to assess their performance on the established process and outcome measures that comprise the performance indicators, identify the strengths and weaknesses in their current practice and resource deployment, identify and describe how local operational decisions and systemic factors affect program outcomes, and consider areas of focus that may be included in the county CalWORKs system improvement plan, as described in paragraph (3). The county CalWORKs self-assessment process shall be designed to identify areas of best practices for replication and for system improvement at the county level, and shall guide the development of the county CalWORKs system improvement plan, as described in paragraph (3). To the extent a county identifies eligibility procedures and practices that it determines, through its self-assessment, contribute to its achievement on process and outcome measures related to CalWORKs services, the county may, at its option, incorporate eligibility-related elements into its system improvement plan. (B) (i) The county CalWORKs self-assessment process shall be completed every five years by the county in consultation and collaboration with local stakeholders and submitted to the department. (ii) Local stakeholders shall include county CalWORKs administrators, supervisors, and caseworkers; current and former CalWORKs recipients; and county human services agency partners. To the extent possible and relevant, local stakeholders shall also include representatives of community colleges, tribal organizations, and the local workforce board. Additional specific county human services agency partners shall be determined by the county and may include, but are not limited to, adult education providers, providers of services for survivors of domestic violence, the local housing continuum of care, county behavioral health departments, county drug and alcohol programs, community-based service providers, organizations that represent CalWORKs recipients, child care resource and referral programs, and alternative payment programs, as appropriate. (3) (A) (i) The county CalWORKs system improvement plan shall consist of uniform elements to be developed by the workgroup. It shall, at a minimum, describe how the county will improve its CalWORKs program performance in strategic focus areas based upon information learned through the county CalWORKs self-assessment process. The county CalWORKs system improvement plan shall be approved in public session by the county’s board of supervisors or, as applicable, chief elected official, and submitted to the department. (ii) The county CalWORKs system improvement plan shall be completed every five years by the county, approved in public session by the county’s board of supervisors or, as applicable, chief elected official, and be submitted to the department. (B) The county CalWORKs system improvement plan shall include a peer CalWORKs services review element, the purpose of which shall be to provide additional insight and technical assistance by peer counties for each county. (C) Strategic focus areas for the county CalWORKs system improvement plan shall be determined by the county, informed by the county CalWORKs self-assessment process, as described in paragraph (2), with targets for improvement based upon what is learned in the county CalWORKs self-assessment process. (D) The county human services agency shall complete an annual progress report on the status of its submitted system improvement plan and shall submit these reports to the department. The department, in consultation with the workgroup, shall develop uniform elements of the progress report. (e) (1) The department shall receive, review, and, based on its determination of the county CalWORKs system improvement plan meeting the required elements identified in subparagraph (A) of paragraph (3) of subdivision (d), certify as complete all county-submitted performance indicator data, county CalWORKs self-assessments, county CalWORKS system improvement plans, and annual progress reports, and shall identify and promote the replication of best practices in CalWORKs service delivery to achieve the established process and outcome measures. (2) The department shall monitor, on an ongoing basis, county performance on the measures developed pursuant to subdivision (d). (3) The department shall make data collected pursuant to this section publicly available on its internet website. (4) The department shall, on an annual basis, submit a report to the Legislature that summarizes county performance on the established process and outcome measures during the reporting period, analyzes county performance trends over time, and makes findings and recommendations for common CalWORKs services improvements identified in the county CalWORKs self-assessments and county CalWORKs system improvement plans, including information on common statutory, regulatory, or fiscal barriers identified as inhibiting system improvements and any recommendations to overcome those barriers. (5) (A) The department shall facilitate the provision of, and provide as appropriate, technical assistance to county human services agencies as part of the peer review that supports the county’s selected areas for improvement as described in its system improvement plan. (B) If, in the course of its review of county CalWORKs system improvement plans and annual updates, or, in the course of its review of regularly submitted performance indicator data, the department determines that a county is consistently failing to make progress toward its strategic focus areas for improvement or is consistently failing to meet the process measure standard target thresholds established pursuant to subparagraph (C) of paragraph (1) of subdivision (d), the department shall engage the county in a process of targeted technical assistance and support to address and resolve the identified shortcomings. If, after the assistance is provided, the county continues in its failure to meet its goals or performance thresholds, the department may engage in corrective action with the county. (f) A county shall execute and fulfill components of its CalWORKs system improvement plan that can be accomplished with existing resources. (g) A county shall not be required to execute and fulfill any components of its CalWORKs system improvement plan that creates new county costs, unless funding for those costs are appropriated in the annual Budget Act. (h) The implementation of the Cal-OAR continuous quality improvement components, including county self-assessments, system improvement plans, peer reviews, progress reports, and data validation shall be optional to counties during the 2020–21 fiscal year. (i) Beginning in the 2019–20 fiscal year, and for each fiscal year thereafter, no more than two million dollars ($2,000,000) from the General Fund shall be appropriated in the annual Budget Act to counties to complete the requirements described in subdivision (c). (Amended by Stats. 2020, Ch. 11, Sec. 67. (AB 79) Effective June 29, 2020.)
11523.1.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 9. Evaluation of CalWORKs Program Implementation [11520 - 11523.7] ( Article 9 added by Stats. 1997, Ch. 270, Sec. 158. )
Verify source ↗

The Legislature states that California is implementing Cal-OAR and county CalWORKs 2.0 as part of improving CalWORKs program management and outcomes.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 9. Evaluation of CalWORKs Program Implementation [11520 - 11523.7] ( Article 9 added by Stats. 1997, Ch. 270, Sec. 158. ) ## 11523.1. The Legislature finds and declares all of the following: (a) It is the intent of the Legislature to make the CalWORKs program the most effective family antipoverty program in the country. California continues to be a national leader in total caseload, provision of cash assistance, welfare-to-work services, and assistance for children. California is a national leader in improving the quality of life for CalWORKs families, including the elimination of the “maximum family grant rule,” as described in subparagraph (A) of paragraph (4) of subdivision (a) of Section 11450.025, and the commitment to ending deep poverty among all CalWORKs families. (b) Beginning in the 2019–20 fiscal year and continuing through the 2023–24 fiscal year, California embarks on the first cycle of a new CalWORKs innovation, the CalWORKs Outcome and Accountability Review (Cal-OAR) system. Cal-OAR establishes a local, data-driven program management system that facilitates continuous improvement of county CalWORKs programs by collecting, analyzing, and disseminating outcomes and best practices. This system will help achieve the state’s goals of ensuring that CalWORKs families receive the best possible services and supports to improve their lives and will also help the state meet federal work participation rates by emphasizing quality and engagement. (c) At the same time, county human services agencies are transforming the welfare-to-work process away from a compliance-oriented and work-first model into a modern, science-based, and goal-oriented welfare-to-work model known locally as CalWORKs 2.0. The success of this approach depends on a culture shift away from compliance-oriented, directive case management and toward supportive and responsive interactions between the case manager and the customer. Case management emphasizes coaching that allows clients to naturally develop accountability by setting and achieving their goals. Case managers in CalWORKs 2.0 have a framework to provide customers a trajectory from stability, to upskilling, to employment. (d) Cal-OAR and the county CalWORKs 2.0 initiative are bold steps toward a better CalWORKs program, yet state law has not been updated to be consistent with the new approaches. (Amended by Stats. 2020, Ch. 11, Sec. 69. (AB 79) Effective June 29, 2020.)
11523.4.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 9. Evaluation of CalWORKs Program Implementation [11520 - 11523.7] ( Article 9 added by Stats. 1997, Ch. 270, Sec. 158. )
Verify source ↗

The Legislature states findings about CalWORKs and Cal-OAR and says it intends to restart implementation work, set a timeline, and support counties with training and resources.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 9. Evaluation of CalWORKs Program Implementation [11520 - 11523.7] ( Article 9 added by Stats. 1997, Ch. 270, Sec. 158. ) ## 11523.4. (a) The Legislature finds and declares all of the following: (1) The Legislature has taken numerous steps in recent years to improve the CalWORKs program for the families who rely on it. These changes have moved California towards a more modern and compassionate approach to alleviating family poverty, and are grounded in awareness of the social determinants of health, adverse childhood experiences, and the neurotoxicity and trauma of intergenerational poverty. (2) County human services departments have led a redesign of the welfare-to-work program, known as CalWORKs 2.0, over the past five years. CalWORKs 2.0 is based on input gathered from program participants, employment services staff, and other stakeholders, as well as recent behavioral science research. The redesigned approach to welfare-to-work engagement focuses on mutual engagement between county staff and clients, that helps families set and achieve personalized goals directly relevant to their lives. This approach requires more individualized case management, tailored to families’ and individuals’ needs and strengths. (3) The Legislature adopted a new CalWORKs Outcome and Accountability Review (Cal-OAR) system in 2017. Cal-OAR establishes a locally focused, data-driven program management system that facilitates continuous improvement of county CalWORKs programs by collecting, analyzing, and disseminating outcomes and best practices. Cal-OAR has the potential to transform the CalWORKs program from one which focuses on work participation as the primary measure of success to one which measures a wide variety of real-life, participant-centered outcomes. (4) The COVID-19 pandemic and the disproportionate health and economic impacts of the pandemic on low-income persons, exacerbated within communities of color, make it even more clear how urgent and necessary implementation of CalWORKs 2.0 and Cal-OAR principles are in helping impoverished families and people of color, who are disproportionately represented in the program. (5) Cal-OAR implementation efforts were delayed due to the COVID-19 pandemic, and the state is now entering a phase that will allow reengagement in employment services activities as well as a renewed focus on the CalWORKs 2.0 and Cal-OAR structures. (b) It is the intent of the Legislature that all of the following are accomplished: (1) To restart robust conversations around CalWORKs 2.0 and Cal-OAR and set an implementation timeline, including consideration of recommendations made in February 2020 by a legislatively mandated Cal-OAR workgroup. This effort should include development of training and resources for county CalWORKs staff in order to implement the necessary culture change within CalWORKs. (2) To assist counties in developing and implementing training and resources for county CalWORKs staff, to reflect the racial, ethnic and cultural diversity of our families and communities in California and to promote equity and inclusion in CalWORKs policy and practice. Understanding and building on the steps counties have already taken in this regard is important to further building on that work statewide. (3) To further the implementation of CalWORKs 2.0 and Cal-OAR statewide, it is the intent of the Legislature that the following steps will occur: (A) Funding for intensive case management. (B) Development of resources and training to assist counties in implementing program changes. (C) Development of trauma-informed, anti-racist, and anti-stigma training for CalWORKs staff geared towards child and family well-being. (c) It is the intent of the Legislature to consider approaches to the state’s management of the federal work participation rate to diminish its negating effects on the intentional culture and program shift for the CalWORKs program. (Added by Stats. 2021, Ch. 85, Sec. 42. (AB 135) Effective July 16, 2021.)
11523.5.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 9. Evaluation of CalWORKs Program Implementation [11520 - 11523.7] ( Article 9 added by Stats. 1997, Ch. 270, Sec. 158. )
Verify source ↗

The State Department of Social Services must create and support a Cal-OAR implementation steering committee by November 1, 2021, and the committee must make recommendations to the Legislature by April 1, 2022.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 9. Evaluation of CalWORKs Program Implementation [11520 - 11523.7] ( Article 9 added by Stats. 1997, Ch. 270, Sec. 158. ) ## 11523.5. (a) The State Department of Social Services shall convene and facilitate a Cal-OAR implementation steering committee (steering committee) no later than November 1, 2021. The steering committee shall make recommendations to the Legislature on how to implement Cal-OAR and CalWORKs 2.0 principles and practices statewide, and prioritize recommendations made by the Cal-OAR stakeholder group, by April 1, 2022. As part of the recommendations required pursuant to this subdivision, the steering committee shall provide its recommendations, including any recommendations for statutory amendments, and the reasons for these recommendations. (b) The Cal-OAR implementation steering committee shall consist of representatives from the following organizations and stakeholders: (1) The State Department of Social Services. (2) The County Welfare Directors Association and its member county human services agencies. (3) The exclusive representative of county CalWORKs staff. (4) The Western Center on Law and Poverty. (5) Parent Voices. (6) Legislative staff. (c) The steering committee may consult with other individuals, organizations, and entities as deemed appropriate for the purposes of implementing CalWORKs 2.0 and Cal-OAR. (Added by Stats. 2021, Ch. 85, Sec. 43. (AB 135) Effective July 16, 2021.)
11523.6.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 9. Evaluation of CalWORKs Program Implementation [11520 - 11523.7] ( Article 9 added by Stats. 1997, Ch. 270, Sec. 158. )
Verify source ↗

The State Department of Social Services must contract for county CalWORKs staff training, consult listed stakeholders, and share a rollout plan with the Legislature by December 1, 2022.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 9. Evaluation of CalWORKs Program Implementation [11520 - 11523.7] ( Article 9 added by Stats. 1997, Ch. 270, Sec. 158. ) ## 11523.6. (a) Subject to an appropriation of funds for this purpose in the annual Budget Act, the State Department of Social Services shall contract for the development of training for county CalWORKs staff. The department shall enter into one or more contracts to develop this training no later than July 1, 2022. (b) The department shall consult with the County Welfare Directors Association of California, the exclusive representatives of county eligibility workers, client advocates, and other stakeholders, as deemed appropriate, in the development of this training. In developing the training, the department shall consider and draw upon, as appropriate, training and other materials already developed or in use by county human services agencies. (c) The training required pursuant to subdivision (a) shall focus on all of the following: (1) Resources to assist counties in implementing CalWORKs 2.0 and Cal-OAR and embedding these approaches into the program. (2) Incorporating and building upon principles from CalWORKs 2.0, and relevant data from the Cal-OAR efforts, taking into account work counties have already accomplished in both areas of training focus. (3) Acknowledging and addressing the intentional shift to a trauma-informed, anti-racist, anti-stigma, and implicit bias-aware culture and climate in the program, geared towards positive outcomes for child and family health and well-being. (4) The impact of implicit bias, explicit bias, and systemic bias on public benefit programs and the effect this can have on individuals seeking eligibility for and services through public benefit programs. (5) Actionable steps individuals can take to recognize and address their own implicit biases. (d) The department shall work with the stakeholders listed in subdivision (b) to develop a plan for disseminating and delivering the training required pursuant to subdivision (a). This plan shall be shared with the Legislature no later than December 1, 2022. The plan shall include all of the following: (1) The types and classifications of county staff who are to be trained and in what order the training of those staff should be prioritized. (2) The entity or entities responsible for providing the training to counties, including consideration of providing direct training as well as train-the-trainer modes of training. (3) The cost of providing the developed training to all identified staff in paragraph (1) in all counties. (4) The proposed timeline for rolling out and implementing training in all counties. (e) (1) Notwithstanding any other law, contracts established pursuant to this section shall be exempt from the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, from the Public Contract Code and the State Contracting Manual, and shall not be subject to the approval of the Department of General Services, including provisions pursuant to Chapter 6 (commencing with Section 14825) of Part 5.5. of Division 3 of the Title 2 of the Government Code. (2) Notwithstanding Section 11546 of the Government Code, contracts established pursuant to this section are exempt from review or approval of any division of the Department of Technology, upon approval from the Department of Finance. (Added by Stats. 2021, Ch. 85, Sec. 44. (AB 135) Effective July 16, 2021.)
11523.7.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 9. Evaluation of CalWORKs Program Implementation [11520 - 11523.7] ( Article 9 added by Stats. 1997, Ch. 270, Sec. 158. )
Verify source ↗

Certain payments to people who participate in specified Social Services activities must not be counted as income or resources for benefit eligibility or benefit amounts.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 9. Evaluation of CalWORKs Program Implementation [11520 - 11523.7] ( Article 9 added by Stats. 1997, Ch. 270, Sec. 158. ) ## 11523.7. Payments, as determined by the State Department of Social Services, made to individuals serving either as individual participants or as a participant on an advisory group created by the State Department of Social Services, or the California Health and Human Services Agency, or through a user testing exercise through a contractor, for the purposes of this article shall not be taken into account as income or resources for purposes of determining the eligibility of that individual, or any other individual, for benefits or assistance, or the amount or extent of benefits or assistance, under any state or local program. (Added by Stats. 2021, Ch. 85, Sec. 45. (AB 135) Effective July 16, 2021.)
11525.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 9.5. Interagency Data Development and Use [11525- 11525.] ( Article 9.5 added by Stats. 1997, Ch. 270, Sec. 159. )
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The department must set up procedures and a data project to give counties, researchers, and a university center timely access to CalWORKs family data while keeping the data confidential.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 9.5. Interagency Data Development and Use [11525- 11525.] ( Article 9.5 added by Stats. 1997, Ch. 270, Sec. 159. ) ## 11525. (a) The department shall establish procedures to provide timely access to information on CalWORKs families to counties and researchers in a manner that maintains confidentiality of data while making it possible to undertake ongoing monitoring, research, and evaluation. (b) (1) The department, with the cooperation of the University of California, shall establish a project to link longitudinal administrative data on individuals and families who are receiving benefits under the CalWORKs program, or have received benefits under the program within the last 10 years. (2) All data shall be made available to a university center with the capability of linking it with other appropriate data to allow for ongoing assessment of program impact. (3) The department shall ensure that information identifiable to individuals and families is removed so as to maintain strict confidentiality. (4) The State Department of Health Services, the Employment Development Department, the Franchise Tax Board, the State Department of Education, and any other state or local governmental agency that collects information on aided families shall provide the department with the necessary data, if legally available. (Added by Stats. 1997, Ch. 270, Sec. 159. Effective August 11, 1997. Operative January 1, 1998, by Sec. 183 of Ch. 270.)
11526.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 9.7. Role of the University [11526 - 11526.5] ( Article 9.7 added by Stats. 1997, Ch. 270, Sec. 160. )
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The Legislature requests the University of California Regents to set up and run programs supporting welfare research and CalWORKs evaluation.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 9.7. Role of the University [11526 - 11526.5] ( Article 9.7 added by Stats. 1997, Ch. 270, Sec. 160. ) ## 11526. (a) The Legislature hereby requests the Regents of the University of California to establish and administer a program or programs to support welfare research and evaluation of the CalWORKs program. (b) It is the intent of the Legislature that the program or programs established by the University of California: (1) Establish a sponsored grants program to provide funding for interested researchers to undertake studies on important welfare-related issues. These grants shall be applied only to research projects requested by representatives of state and local government entities. (2) Establish one or more Bureau of the Census secure data sites to link census and administrative data bases for ongoing research purposes. (3) Use existing data archives to develop data sets appropriate for monitoring and evaluating the impacts of CalWORKs program implementation in California. (4) Create and maintain public use data sets and make data available to researchers and members of the public to support welfare research and related human services research. (5) Provide an ongoing capacity for supporting, conducting, and disseminating welfare policy research. (6) Produce and maintain lists of researchers working with California welfare data or conducting research on public assistance in California. (7) Review, edit, publish, and disseminate research and evaluation reports to state and local policymakers. (8) Provide forums for the presentation of research findings and the discussion of research on welfare. (9) Provide a location for welfare data archives and monitor ongoing funding for their upkeep. (Added by Stats. 1997, Ch. 270, Sec. 160. Effective August 11, 1997. Operative January 1, 1998, by Sec. 183 of Ch. 270.)
11526.5.
## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 9.7. Role of the University [11526 - 11526.5] ( Article 9.7 added by Stats. 1997, Ch. 270, Sec. 160. )
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The department must enter into an interagency agreement with the University of California to implement Section 11526, and the agreement depends on legislative appropriations for that purpose.

## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771] ( Part 3 added by Stats. 1965, Ch. 1784. ) ## CHAPTER 2. California Work Opportunity and Responsibility to Kids Act [11200 - 11526.5] ( Heading of Chapter 2 amended by Stats. 1997, Ch. 270, Sec. 49. ) ## ARTICLE 9.7. Role of the University [11526 - 11526.5] ( Article 9.7 added by Stats. 1997, Ch. 270, Sec. 160. ) ## 11526.5. The department shall enter into an interagency agreement with the University of California for the purpose of implementing Section 11526. The interagency agreement shall be subject to funds appropriated for its purpose by the Legislature. (Added by Stats. 1997, Ch. 606, Sec. 24.5. Effective October 3, 1997.)
1154.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 7. Escapes [1152 - 1155] ( Article 7 enacted by Stats. 1937, Ch. 369. )
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If a sheriff or probation officer returns an escaped person from a Youth Authority institution or facility, the officer must be paid the same fees and expenses allowed by law for transporting persons to Youth Authority institutions or facilities.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 7. Escapes [1152 - 1155] ( Article 7 enacted by Stats. 1937, Ch. 369. ) ## 1154. Whenever any person who has escaped from any institution or facility under the jurisdiction of the Youth Authority is returned by a sheriff or probation officer, the sheriff or probation officer shall be paid the same fees and expenses as are allowed such officers by law for the transportation of persons to institutions or facilities under the jurisdiction of the Youth Authority. (Added by Stats. 1945, Ch. 783.)
1155.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 7. Escapes [1152 - 1155] ( Article 7 enacted by Stats. 1937, Ch. 369. )
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People in charge of secure detention facilities must promptly report escapes to the local chief of police or county sheriff, and some must share escapee identity details when needed for recapture or public safety.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 3. Institutions for Delinquents [1000 - 1258] ( Chapter 3 enacted by Stats. 1937, Ch. 369. ) ## ARTICLE 7. Escapes [1152 - 1155] ( Article 7 enacted by Stats. 1937, Ch. 369. ) ## 1155. The person in charge of any secure detention facility, including, but not limited to, a prison, a juvenile hall, a county jail, or any institution under the jurisdiction of the California Youth Authority, shall promptly notify the chief of police of the city in which the facility is located, or the sheriff of the county if the facility is located in an unincorporated area, of an escape by a person in its custody. The person in charge of any secure detention facility under the jurisdiction of the Department of Corrections or the Youth Authority shall release the name of, and any descriptive information about, any person who has escaped from custody to other law enforcement agencies or to other persons if the release of the information would be necessary to assist in recapturing the person or would be necessary to protect the public from substantial physical harm. (Amended by Stats. 1986, Ch. 359, Sec. 3.)

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