California Welfare and Institutions Code

§ 11462.06

WIC § 11462.06 Effective Jan 1, 2018Div. 9 · Part 3 · Ch. 2 · Art. 6

Statute text

(a)For purposes of the administration of this article, including the setting of AFDC-FC provider rates, the department shall deem the reasonable costs of leases for shelter care for foster children to be allowable costs. Reimbursement of shelter costs shall not exceed the fair market rental value, as determined in subdivision (b), of owned, leased, or rented buildings, including any structures, improvements, edifices, land, grounds, and other similar property that is owned, leased, or rented by the provider and that is used for the provider’s AFDC-FC programs and activities, exclusive of idle capacity and capacity used for nonresidential foster care programs and activities. Shelter costs shall be considered reasonable in relation to the fair market value limit as described in subdivision (b).

(b)(1) For purposes of this section, fair market rental value of leased property shall be determined by either of the following methods, as chosen by the provider:

(A)The fair market rental value determined by a comparative analysis prepared by an independent real estate broker. The comparative analysis shall be performed by a qualified, licensed professional who acts within the scope of the broker’s license, who, at a minimum, meets the standards for brokers, as specified in Chapter 6 (commencing with Section 2705) of Title 10 of the California Code of Regulations, and the comparatives shall be made in accordance with Section 200.465(a) of Title 2 of the Code of Federal Regulations.

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Legislative history

Amended (as amended by Stats. 2016, Ch. 612, Sec. 96) by Stats. 2017, Ch. 732, Sec. 69. (AB 404) Effective January 1, 2018.