California Welfare And Institutions Code Section 11401
Aid in the form of AFDC-FC shall be provided under this chapter on behalf of any child under the age of 18 years, except as provided in Section 11403, who meets the conditions of subdivision (a), (b), (c), (d), (e), (f), or (g): (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. (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) 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. (f) To be eligible for federal financial participation, either of the following conditions 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 (g). (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. (g) 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. (2) The child`s parent also has been adjudged to be a dependent child of the court on the grounds that he or she is a person described by Section 300 or Section 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.