West's Ann.Cal.Welf. & Inst.Code § 11401

West's Annotated California Codes Currentness
Welfare and Institutions Code
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

§ 11401. Eligibility for aid; conditions
Aid in the form of AFDC-FC shall be provided under this chapter on behalf of any child under 18 years of age, and, on and after January 1, 2012, to any nonminor dependent, except as provided in Section 11403, who meets the conditions of subdivision (a), (b), (c), (d), (e), (f), (g), or (h):

(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 his or her 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 his or her 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 his or her home and to make it possible for the child to return to his or her home, and any of the following applies:

(1) The child has been adjudged a dependent child of the court on the grounds that he or she is a person described by Section 300.

(2) The child has been adjudged a ward of the court on the grounds that he or she is a person described by Sections 601 and 602.

(3) The child has been detained under a court order, pursuant to Section 319 or 636, that remains in effect.

(4) The child's dependency jurisdiction has resumed pursuant to Section 387, or subdivision (a) or (e) of Section 388.

(c) The child has been voluntarily placed by his or her parent or guardian pursuant to Section 11401.1.

(d) The child is living in the home of a nonrelated legal guardian.

(e) On and after January 1, 2012, the child is a nonminor dependent who is placed pursuant to a mutual agreement as set forth in subdivision (d) of Section 11403, under the responsibility of the county welfare department, an Indian tribe that entered into an agreement pursuant to Section 10553.1, or the county probation department.

(f) The child has been placed in foster care under the federal Indian Child Welfare Act. Sections 11402, 11404, and 11405 shall not be construed as limiting payments to Indian children, as defined in the federal Indian Child Welfare Act, placed in accordance with that act.

(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 his or her 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 his or her home and to make it possible for the child to return to his or her home, and any of the following applies:

(i) The child has been adjudged a dependent child of the court on the grounds that he or she is a person described by Section 300.

(ii) The child has been adjudged a award of the court on the grounds that he or she is a person described by Sections 601 and 602.

(iii) The child has been detained under a court order, pursuant to Section 319 or 636, that remains in effect.

(iv) The child's dependency jurisdiction has resumed pursuant to Section 387.

(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.

(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 he or she 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 he or she is a person described by Section 300, 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 his or her parent is placed and the child's parent is receiving reunification services with respect to that child.

CREDIT(S)

(Added by Stats.1980, c. 1166, p. 3922, § 11. Amended by Stats.1981, c. 619, p. 2368, § 1; Stats.1983, c. 309, § 8; Stats.1983, c. 551, § 4, eff. July 28, 1983; Stats.1984, c. 1608, § 8, eff. Sept. 30, 1984; Stats.1984, c. 1747, § 3; Stats.1985, c. 353, § 2; Stats.1985, c. 1274, § 14, eff. Sept. 30, 1985; Stats.1987, c. 1022, § 11; Stats.1991, c. 1203 (S.B.1125), § 8; Stats.1998, c. 1056 (A.B.2773), § 22; Stats.1999, c. 83 (S.B.966), § 205; Stats.2001, c. 653 (A.B.1695), § 15, eff. Oct. 10, 2001; Stats.2004, c. 468 (A.B.129), § 5; Stats.2005, c. 630 (S.B.500), § 5; Stats.2009-2010, 8th Ex.Sess., c. 4 (S.B.4), § 2, eff. June 10, 2010; Stats. 2010, c. 559 (A.B.12), § 39.)

HISTORICAL AND STATUTORY NOTES

2001 Main Volume

Subordination of legislation by Stats.1999, c. 83 (S.B.966), to other 1999 legislation, see Historical and Statutory Notes under Business and Professions Code § 2530.2.

Section affected by two or more acts at the same session of the legislature, see Government Code § 9605.

2011 Electronic Update                                                          

2001 Legislation

Stats.2001, c. 653 (A.B.1695), § 1, provides:

"It is the intent of the Legislature to continue to promote the successful implementation of the statutory preference for foster care placement with relative caregivers as set forth in Section 7950 of the Family Code. Placement of a child with a relative caregiver most closely meets the statutory requirement of Section 16000 of the Welfare and Institutions Code that a child live in the least restrictive and most familylike setting possible. California's clear mandate for an exhaustive search for available relatives and primary consideration of these relatives for placement is in accord with federal Title IV-E requirements that the 'State shall consider giving preference to an adult relative over a nonrelated caregiver when determining placement for a child.'

"The intent of the Legislature is to clarify that California's relative caregiver approval process employs the same standards used to license foster care homes in accordance with the federal Adoption and Safe Families Act of 1997, (P.L. 105-89), and, therefore, California's compliance entitles it to continuous Title IV-E foster care maintenance and administration payments."

Stats.2001, c. 653 (A.B.1695), § 21, provides:

"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, on and before June 30, 2002, the State Department of Social Services may implement the applicable provisions of this act through all county letters or similar instructions from the director.

"The director shall adopt regulations, as otherwise necessary, to implement the applicable provisions of this act no later than July 1, 2002. Emergency regulations to implement the applicable provisions of this act may be adopted by the director in accordance with the Administrative Procedures Act."

For letter of intent relating to Stats.2001, c. 653 (A.B.1695), see Historical and Statutory Notes under Welfare and Institutions Code § 309.

2004 Legislation

For Governor's signing message regarding Stats.2004, c. 468 (A.B.129), see Historical and Statutory Notes under Welfare and Institutions Code § 241.1.

2005 Legislation

Cost reimbursement provisions to agencies and school districts relating to Stats.2005, c. 630 (S.B.500), see Historical and Statutory Notes under Welfare and Institutions Code § 300.

2010 Legislation

Section 4 of Stats.2009-2010, 8th Ex.Sess., c. 4 (S.B.4), provides:

"SEC. 4. This act addresses the fiscal emergency declared by the Governor by proclamation on January 8, 2010, pursuant to subdivision (f) of Section 10 of Article IV of the California Constitution."

The 2010 amendment of this section by c. 559 (A.B.12), explicitly amended the 2010 amendment of this section by Stats.2009-2010, 4th Ex.Sess., c. 4 (S.B.4).

For short title, appropriation, and cost reimbursement provisions relating to Stats.2010, c. 559 (A.B.12), see Historical and Statutory Notes under Family Code § 17552.

2001 Main Volume

Former Notes

Former § 11401 was renumbered § 11269 and amended by Stats.1980, c. 1166, p. 3922, § 10.

Effect of amendment of section by two or more acts at the same session of the legislature, see Government Code § 9605.

Cal. Welf. & Inst. Code § 11401, CA WEL & INST § 11401

Current with urgency legislation through Ch. 28 of 2011 Reg.Sess.              
and Ch. 2 of 2011-2012 1st Ex.Sess.                                            

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