§ 11402. — 11402. (Amended by Stats. 2024, Ch. 46, Sec. 18.)

California § 11402.

• 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

In order to be eligible for AFDC-FC, a child or nonminor dependent shall be placed in one of the following:
(a)
Before January 1, 2021:
(1)
The approved home of a relative, provided the child or youth is otherwise eligible for federal financial participation in the AFDC-FC payment.
(2)
The approved home of a nonrelative extended family member, as described in Section 362.7.
(3)
The licensed family home of a nonrelative.
(b)
The approved home of a resource family, as defined in Section 16519.5, if either of the following is
true:
(1)
The caregiver is a nonrelative.
(2)
The caregiver is a relative, and the child or youth is otherwise eligible for federal financial participation in the AFDC-FC payment.
(c)
A small family home, as defined in paragraph (6) of subdivision (a) of Section 1502 of the Health and Safety Code.
(d)
A housing unit, as described in Section 1559.110 of the Health and Safety Code, certified by a licensed transitional housing placement provider, as defined in paragraph (12) of subdivision (a) of Section 1502 of the Health and Safety Code and subdivision (r) of Section 11400.
(e)
An approved supervised independent living setting for nonminor dependents, as described in subdivision (x) of Section 11400.
(f)
A licensed foster family agency, as defined in subdivision (g) of Section 11400 and paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code, for placement into a certified or approved home used exclusively by the foster family agency.
(g)
A short-term residential therapeutic program, as defined in subdivision (ad) of Section 11400 and paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code.
(h)
An out-of-state residential facility that meets the statutory requirements for placing a child or youth in an out-of-state residential facility, provided that the placement worker documents that the requirements of Section 7911.1 of the Family Code have been met, including, but not limited to, the child-specific certification of the facility by the department.
(i)
A community treatment facility, as defined in paragraph (8) of subdivision (a) of Section 1502 of the Health and Safety Code, and as set forth in Article 5 (commencing with Section 4094) of Chapter 3 of Part 1 of Division 4.
(j)
A community care facility licensed pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code and vendored by a regional center pursuant to Section 56004 of Title 17 of the California Code of Regulations, unless the facility is a group home for children with special health care needs, as defined in paragraph (2) of subdivision (a) of Section
4684.50 of this code.
(k)
The home of a nonrelated legal guardian or the home of a former nonrelated legal guardian if the guardianship of a child or youth who is otherwise eligible for AFDC-FC has been dismissed due to the child or youth attaining 18 years of age.
(
l
)
A dormitory or other designated housing of a postsecondary educational institution in which a minor dependent who is enrolled at the postsecondary educational institution is living independently, as described in Section 11402.7.
(m)
On or after April 1, 2021, a residential family-based treatment facility for substance abuse, in which an eligible child is placed with a parent in treatment, licensed pursuant to Chapter 7.5 (commencing with Section 11834.01) of Part 2 of Division 10.5 of the Health and Safety Code, and the placement and facility
meets all of the requirements of subdivision (j) of Section 672 of Title 42 of the United States Code.
(n)
A tribally approved home, as defined in Section 224.1.

Legislative History

Amended by Stats. 2024, Ch. 46, Sec. 18. (AB 161) Effective July 2, 2024.