reglab/statecodes huggingface dataset:
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 3 - AID AND MEDICAL ASSISTANCE › CHAPTER 2 - California Work Opportunity and Responsibility to Kids Act › ARTICLE 4 - Relatives Responsibility › Section 11351.5.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 3 - AID AND MEDICAL ASSISTANCE › CHAPTER 2 - California Work Opportunity and Responsibility to Kids Act › ARTICLE 4 - Relatives Responsibility › Section 11353.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 3 - AID AND MEDICAL ASSISTANCE › CHAPTER 2 - California Work Opportunity and Responsibility to Kids Act › ARTICLE 4.5 - Kinship Guardianship Assistance Payment Program › Section 11360.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 3 - AID AND MEDICAL ASSISTANCE › CHAPTER 2 - California Work Opportunity and Responsibility to Kids Act › ARTICLE 4.5 - Kinship Guardianship Assistance Payment Program › Section 11361.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 3 - AID AND MEDICAL ASSISTANCE › CHAPTER 2 - California Work Opportunity and Responsibility to Kids Act › ARTICLE 4.5 - Kinship Guardianship Assistance Payment Program › Section 11362.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 3 - AID AND MEDICAL ASSISTANCE › CHAPTER 2 - California Work Opportunity and Responsibility to Kids Act › ARTICLE 4.5 - Kinship Guardianship Assistance Payment Program › Section 11366.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 3 - AID AND MEDICAL ASSISTANCE › CHAPTER 2 - California Work Opportunity and Responsibility to Kids Act › ARTICLE 4.5 - Kinship Guardianship Assistance Payment Program › Section 11367.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 3 - AID AND MEDICAL ASSISTANCE › CHAPTER 2 - California Work Opportunity and Responsibility to Kids Act › ARTICLE 4.5 - Kinship Guardianship Assistance Payment Program › Section 11369.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 3 - AID AND MEDICAL ASSISTANCE › CHAPTER 2 - California Work Opportunity and Responsibility to Kids Act › ARTICLE 4.5 - Kinship Guardianship Assistance Payment Program › Section 11370.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 3 - AID AND MEDICAL ASSISTANCE › CHAPTER 2 - California Work Opportunity and Responsibility to Kids Act › ARTICLE 4.5 - Kinship Guardianship Assistance Payment Program › Section 11371.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 3 - AID AND MEDICAL ASSISTANCE › CHAPTER 2 - California Work Opportunity and Responsibility to Kids Act › ARTICLE 4.5 - Kinship Guardianship Assistance Payment Program › Section 11372.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 3 - AID AND MEDICAL ASSISTANCE › CHAPTER 2 - California Work Opportunity and Responsibility to Kids Act › ARTICLE 4.5 - Kinship Guardianship Assistance Payment Program › Section 11374.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 3 - AID AND MEDICAL ASSISTANCE › CHAPTER 2 - California Work Opportunity and Responsibility to Kids Act › ARTICLE 4.5 - Kinship Guardianship Assistance Payment Program › Section 11375.

11375. The following shall apply to any child or nonminor in receipt of state-funded Kin-GAP benefits:
(a) He or she is eligible to request and receive independent living services pursuant to Section 10609.3.
(b) He or she may retain cash savings, not to exceed ten thousand dollars ($10,000), including interest, in addition to any other property accumulated pursuant to Section 11257 or 11257.5.
(c) He or she shall have earned income disregarded pursuant to Section 11008.15.
(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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 3 - AID AND MEDICAL ASSISTANCE › CHAPTER 2 - California Work Opportunity and Responsibility to Kids Act › ARTICLE 4.5 - Kinship Guardianship Assistance Payment Program › Section 11376.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 3 - AID AND MEDICAL ASSISTANCE › CHAPTER 2 - California Work Opportunity and Responsibility to Kids Act › ARTICLE 4.5 - Kinship Guardianship Assistance Payment Program › Section 11378.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 3 - AID AND MEDICAL ASSISTANCE › CHAPTER 2 - California Work Opportunity and Responsibility to Kids Act › ARTICLE 4.5 - Kinship Guardianship Assistance Payment Program › Section 11379.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 3 - AID AND MEDICAL ASSISTANCE › CHAPTER 2 - California Work Opportunity and Responsibility to Kids Act › ARTICLE 4.7 - Kinship Guardianship Assistance Payments for Children › Section 11385.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 3 - AID AND MEDICAL ASSISTANCE › CHAPTER 2 - California Work Opportunity and Responsibility to Kids Act › ARTICLE 4.7 - Kinship Guardianship Assistance Payments for Children › Section 11388.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 3 - AID AND MEDICAL ASSISTANCE › CHAPTER 2 - California Work Opportunity and Responsibility to Kids Act › ARTICLE 4.7 - Kinship Guardianship Assistance Payments for Children › Section 11389.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 3 - AID AND MEDICAL ASSISTANCE › CHAPTER 2 - California Work Opportunity and Responsibility to Kids Act › ARTICLE 4.7 - Kinship Guardianship Assistance Payments for Children › Section 11390.

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) All 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) The child or nonminor may retain cash savings, not to exceed ten thousand dollars ($10,000), including interest, pursuant to Section 11155.5.
(3) The child or nonminor shall have earned income disregarded pursuant to Section 11008.15.
(Amended by Stats. 2019, Ch. 27, Sec. 54. (SB 80) Effective June 27, 2019.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 3 - AID AND MEDICAL ASSISTANCE › CHAPTER 2 - California Work Opportunity and Responsibility to Kids Act › ARTICLE 4.7 - Kinship Guardianship Assistance Payments for Children › Section 11391.

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 1903(6) of Title 25 of the United States Code.
(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 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.).
(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. 2023, Ch. 43, Sec. 49. (AB 120) Effective July 10, 2023.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 3 - AID AND MEDICAL ASSISTANCE › CHAPTER 2 - California Work Opportunity and Responsibility to Kids Act › ARTICLE 4.7 - Kinship Guardianship Assistance Payments for Children › Section 11392.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 3 - AID AND MEDICAL ASSISTANCE › CHAPTER 2 - California Work Opportunity and Responsibility to Kids Act › ARTICLE 4.7 - Kinship Guardianship Assistance Payments for Children › Section 11393.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 3 - AID AND MEDICAL ASSISTANCE › CHAPTER 2 - California Work Opportunity and Responsibility to Kids Act › ARTICLE 5 - Aid to Families With Dependent Children Foster Care › Section 11401.05.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 3 - AID AND MEDICAL ASSISTANCE › CHAPTER 2 - California Work Opportunity and Responsibility to Kids Act › ARTICLE 5 - Aid to Families With Dependent Children Foster Care › Section 11401.1.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 3 - AID AND MEDICAL ASSISTANCE › CHAPTER 2 - California Work Opportunity and Responsibility to Kids Act › ARTICLE 5 - Aid to Families With Dependent Children Foster Care › Section 11401.2.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 3 - AID AND MEDICAL ASSISTANCE › CHAPTER 2 - California Work Opportunity and Responsibility to Kids Act › ARTICLE 5 - Aid to Families With Dependent Children Foster Care › Section 11401.4.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 3 - AID AND MEDICAL ASSISTANCE › CHAPTER 2 - California Work Opportunity and Responsibility to Kids Act › ARTICLE 5 - Aid to Families With Dependent Children Foster Care › Section 11401.5.

11401.5. 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.
(Repealed and added by Stats. 2010, Ch. 559, Sec. 43.5. (AB 12) Effective January 1, 2011.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 3 - AID AND MEDICAL ASSISTANCE › CHAPTER 2 - California Work Opportunity and Responsibility to Kids Act › ARTICLE 5 - Aid to Families With Dependent Children Foster Care › Section 11401.6.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 3 - AID AND MEDICAL ASSISTANCE › CHAPTER 2 - California Work Opportunity and Responsibility to Kids Act › ARTICLE 5 - Aid to Families With Dependent Children Foster Care › Section 11402.005.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 3 - AID AND MEDICAL ASSISTANCE › CHAPTER 2 - California Work Opportunity and Responsibility to Kids Act › ARTICLE 5 - Aid to Families With Dependent Children Foster Care › Section 11402.1.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 3 - AID AND MEDICAL ASSISTANCE › CHAPTER 2 - California Work Opportunity and Responsibility to Kids Act › ARTICLE 5 - Aid to Families With Dependent Children Foster Care › Section 11402.2.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 3 - AID AND MEDICAL ASSISTANCE › CHAPTER 2 - California Work Opportunity and Responsibility to Kids Act › ARTICLE 5 - Aid to Families With Dependent Children Foster Care › Section 11402.4.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 3 - AID AND MEDICAL ASSISTANCE › CHAPTER 2 - California Work Opportunity and Responsibility to Kids Act › ARTICLE 5 - Aid to Families With Dependent Children Foster Care › Section 11402.5.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 9 - PUBLIC SOCIAL SERVICES › PART 3 - AID AND MEDICAL ASSISTANCE › CHAPTER 2 - California Work Opportunity and Responsibility to Kids Act › ARTICLE 5 - Aid to Families With Dependent Children Foster Care › Section 11402.7.

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.)