SB 824

Bill Subjects

Abstract

(1) Existing law subjects foster care provider applicants, resource family applicants, and certain other adults in those homes, to a criminal records check and requires the applicant or other adult in the applicant's home to obtain a criminal record clearance or criminal record exemption prior to licensure or approval. Existing law prohibits the State Department of Social Services or other approving entity from granting a criminal records exemption, except as specified, to an applicant or other adult in the applicant's home who has been convicted of certain felonies. Existing law authorizes the State Department of Social Services or other approving entity, for the purpose of the resource family approval process described below, to grant an exemption from disqualification for the conviction of a felony for which a criminal record exemption cannot be granted if the applicant is a relative seeking placement of a specific relative child or children, the applicant or other adult living in the home is of present good character necessary to justify granting the exemption, and the applicant or other adult living in the home has not been convicted of certain felonies within the last 5 years. This bill would, among other things, additionally authorize the department, or other approving entity, to grant an exemption under those circumstances to a nonrelative extended family member or an extended family member. (2) Existing law authorizes the court to order temporary placement of the child in the home of a relative, extended family member, or nonrelative extended family member, and requires the court to consider the results of a criminal records check, among other things, before ordering that placement. Existing law also authorizes the placement of a child on an emergency basis in the home of a relative or nonrelative extended family member, and requires the relative or nonrelative extended family member to submit an application for approval as a resource family after the emergency placement. Existing law authorizes the court to place a child after an order of removal, or on a temporary or emergency basis in the home of a relative, regardless of the status of any criminal record exemption or resource family approval if the court finds that the placement does not pose a risk to the health and safety of the child. This bill would also authorize the court to place a child after an order of removal, or on a temporary or emergency basis, in the home of a nonrelative extended family member or an extended family member, regardless of the status of any criminal record exemption or resource family approval or tribally approved home approval if the court finds that the placement does not pose a risk to the health and safety of the child. (3) Existing law establishes the state-funded Kinship Guardianship Assistance Payment Program (Kin-GAP) , which provides aid on behalf of eligible children who are placed in the home of a relative guardian. Existing law requires aid in the form of state-funded Kin-GAP to be provided on behalf of any child under 18 years of age and to any eligible youth under 19 years of age who has had a kinship guardianship established, as described above, and who meets other requirements, including that the child or youth has been adjudicated a dependent child or ward of the juvenile court, has been residing for at least 6 consecutive months in the approved home of the prospective relative guardian, and has had the dependency jurisdiction or wardship terminated, as specified. This bill would also make eligible for state-funded Kin-GAP a child who was subject to an order for placement with a relative regardless of the status of any criminal record exemption or resource family approval or tribally approved home approval, as specified. (4) Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. In order to be eligible for AFDC-FC, existing law requires a child or nonminor dependent to be placed in one of several specified placements, including, among others, the approved home of a relative or a nonrelative extended family member. This bill would also add to that list of eligible placements the home of a nonrelative extended family member or extended family member who has been authorized by the juvenile court and is ineligible for emergency caregiver funding due to the denial of resource family approval or approval as a tribally approved home. (5) Existing law establishes the Approved Relative Caregiver Funding Program (ARC) for the purpose of making the amount paid to relative caregivers 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. Existing law requires the ARC to fund the placement of a child with an approved relative caregiver if the placement of 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. This bill would also require funding for placement of a child with an approved relative caregiver if the child or nonminor dependent is not eligible for AFDC-FC while placed with the approved relative caregiver because the placement was authorized by the juvenile court. (6) Existing law establishes the Adoption Assistance Program (AAP) , which provides financial aid to the adoptive families of special needs children. Under existing law, AAP payments are provided on behalf of youth between 18 and 21 years of age if the youth meets specified requirements, including that the prospective adoptive parent or any adult living in the prospective adoptive home has completed specified criminal background check requirements. This bill would instead require the criminal background check requirement to be according to the resource family approval requirements, or that the child was subject to an order for placement with a relative, nonrelative extended family member, or extended family member, regardless of the status of any criminal record exemption or resource family approval or tribally approved home approval. (7) Existing law provides for the implementation of the resource family approval process, which replaces the multiple processes for licensing foster family homes, certifying foster homes by licensed foster family agencies, approving relatives and nonrelative extended family members as foster care providers, and approving guardians and adoptive families. Existing law requires the child's placement to be funded by ARC if the child-specific approval is granted to a relative who has received a criminal records exemption by showing that the relative is seeking placement of a specific child or children with whom the relative is related, the relative is of present good character necessary to justify granting the exemption pursuant to certain factors, and the relative does not have a felony conviction within the last 5 years for specified crimes. Existing law requires the relative to be ineligible for federal financial participation while the child is placed with them. This bill would also require a nonrelative extended family member or extended family member, who has received the criminal records exemption, to receive funding under AFDC-FC or ARC and to be ineligible for federal financial participation. (8) By expanding the application of the above county-administered funding programs, this bill would impose a state-mandated local program. (9) Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the AFDC-FC program. This bill would provide that the continuous appropriation would not be made for purposes of implementing the bill. (10) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.