Welf. & Inst. Code, § 11402 · Article 5. Aid to Families With Dependent Children—Foster Care
Welf. & Inst. Code, § 11402
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
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.
Notes and commentary — not statutory text
History
Amended by Stats. 2024, Ch. 46, Sec. 18. (AB 161) Effective July 2, 2024.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WIC§ionNum=11402.
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This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Health and Safety Code
- Health & Saf. Code, div. 2, ch. 3California Community Care Facilities ActPrinted as Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code
- Health & Saf. Code, § 1502Printed as Section 1502 of the Health and Safety Code
- Health & Saf. Code, § 1559.110Printed as Section 1559.110 of the Health and Safety Code
- Health & Saf. Code, div. 10.5, pt. 2, ch. 7.5LicensingPrinted as Chapter 7.5 (commencing with Section 11834.01) of Part 2 of Division 10.5 of the Health and Safety Code
Welfare and Institutions Code
- Welf. & Inst. Code, § 224.1Printed as Section 224.1
- Welf. & Inst. Code, § 362.7Printed as Section 362.7
- Welf. & Inst. Code, div. 4, pt. 1, ch. 3, art. 5Programs for Seriously Emotionally Disturbed Children and Court Wards and DependentsPrinted as Article 5 (commencing with Section 4094) of Chapter 3 of Part 1 of Division 4
- Welf. & Inst. Code, § 4684.50Printed as Section 4684.50 of this code
- Welf. & Inst. Code, § 11400Printed as Section 11400
- Welf. & Inst. Code, § 11402.7Printed as Section 11402.7
- Welf. & Inst. Code, § 16519.5Printed as Section 16519.5
Cited by 19 provisions
Provisions in this library whose text cites Welf. & Inst. Code, § 11402. Each shows the citation as that text prints it.
Health and Safety Code
Revenue and Taxation Code
Welfare and Institutions Code
- Welf. & Inst. Code, § 361.4Printed as Sections 11402, 11461.3, and 11461.36
- Welf. & Inst. Code, § 607.2Printed as Section 11402
- Welf. & Inst. Code, § 607.3Printed as Section 11402
- Welf. & Inst. Code, § 635Printed as Section 11402
- Welf. & Inst. Code, § 727.3Printed as Section 11402
- Welf. & Inst. Code, § 727.4Printed as Section 11402 or 11402.01
- Welf. & Inst. Code, § 11400Printed as Section 11402
- Welf. & Inst. Code, § 11401Printed as Section 11402 | Sections 11402, 11404, and 11405
- Welf. & Inst. Code, § 11402.005Printed as Section 11402
- Welf. & Inst. Code, § 11402.1Printed as Section 11402
- Welf. & Inst. Code, § 11402.5Printed as Section 11402
- Welf. & Inst. Code, § 11402.6Printed as Section 11402
- Welf. & Inst. Code, § 11403Printed as Section 11402
- Welf. & Inst. Code, § 11461Printed as Section 11402
- Welf. & Inst. Code, § 13757Printed as Section 11402
- Welf. & Inst. Code, § 16562Printed as Section 11402
- Welf. & Inst. Code, § 16565Printed as Section 11402
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.