§ 11401. — 11401. (Amended by Stats. 2024, Ch. 656, Sec. 28.)

California § 11401.

• Jurisdiction: California
• Code WIC: Welfare and Institutions Code - WIC
• Div. 9.: DIVISION 9. PUBLIC SOCIAL SERVICES
• Part 3.: PART 3. AID AND MEDICAL ASSISTANCE
• Ch. 2.: CHAPTER 2. California Work Opportunity and Responsibility to Kids Act
• Art. 5.: ARTICLE 5. Aid to Families With Dependent Children—Foster Care

Text

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.

Legislative History

Amended by Stats. 2024, Ch. 656, Sec. 28. (AB 81) Effective September 27, 2024.