Bill Text: CA SB1099 | 2009-2010 | Regular Session | Amended
Bill Title: Foster care funds: subsidized child care for foster
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-05-27 - Held in committee and under submission. [SB1099 Detail]
Download: California-2009-SB1099-Amended.html
BILL NUMBER: SB 1099 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 11, 2010
AMENDED IN SENATE APRIL 5, 2010
INTRODUCED BY Senator Correa
FEBRUARY 17, 2010
An act to amend Sections 11410 and 15200.5 of, and to add Section
11410.5 to, the Welfare and Institutions Code, relating to foster
care.
LEGISLATIVE COUNSEL'S DIGEST
SB 1099, as amended, Correa. Foster care funds: subsidized child
care for foster parents.
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.
Existing law requires the county to amend its foster care state
plan to authorize counties that elect to subsidize child care for
foster parents to use specified federal matching funds for that
purpose. Under existing law, the county is responsible for 100% of
the nonfederal share of payments to foster parents for this purpose.
Existing law, the Child Care and Development Services Act provides
child care and development services to children from birth to 13
years of age and their parents through full- and part-time programs.
The act requires the Superintendent of Public Instruction to adopt
rules and regulations on eligibility, enrollment, and priority of
services needed to implement those programs, and gives priority to
neglected or abused children who are recipients of child protective
services, or children who are at risk of being neglected or abused,
as specified.
This bill would require the State Department of Social Services to
amend its foster care state plan to authorize the use of designated
state child care and development funds administered by the State
Department of Education, in addition to county funds, as the
nonfederal match for specified child care for children receiving
protective services, foster children, and children at risk of abuse
and neglect, pursuant to criteria specified in the bill. The bill
would make conforming changes to the law relating to the payment of
the nonfederal share of these costs.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11410 of the Welfare and Institutions Code is
amended to read:
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 either by county funds pursuant to Section 15200.5, or by
funds made available pursuant to Section 11410.5, or by a combination
of those funds.
SEC. 2. Section 11410.5 is added to the Welfare and Institutions
Code, to read:
11410.5. (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 the use of state child care and development funds
administered by the child development division of the State
Department of Education, that are not being used for any other
nonfederal match, as the nonfederal match for Title IV-E child care
for children receiving protective services, foster children, and
children at risk of abuse and neglect.
(b) If child development division funds are to be used as the
nonfederal match for Title IV-E, the county shall do all of the
following:
(1) Contract with a local State Department of Education contracted
child care agency that is willing to participate.
(2) Claim the full child care costs of federally eligible Title
IV-E children, at a rate commensurate with regional child care and
development costs.
(3) Provide the full federal Title IV-E funding to the local
contractor. The local contractor shall use the provided funds as the
nonfederal match and enroll and serve children identified by the
county as children receiving protective services, foster children, or
children at risk of abuse or neglect.
(4) Consult with the State Department of Education to ensure that
the child development division contractor is in good standing with
the Child Development Division in the State Department of Education,
all federal Title IV-E funds are used to enhance the State Department
of Education funded program, and the child development division
contractor does not double charge for the same services.
SEC. 3. Section 15200.5 of the Welfare and Institutions Code is
amended to read:
15200.5. (a) Notwithstanding subdivision (c) of Section 15200,
and except as provided in subdivision (b), the county shall be
responsible for 100 percent of the nonfederal share of payments to
needy children eligible for AFDC-FC under the conditions of Section
11402.5, and for payments made to foster parents pursuant to Section
11410.
(b) A county also may use funds made available pursuant to
Section 11410.5 for the nonfederal share of payments made to foster
parents pursuant to Section 11410.
