(a)

(1) For each taxable year beginning on or after January 1, 2022, there shall be allowed against the “net tax,” as defined by

Section 17039, a foster youth tax credit to a qualified taxpayer, in an amount as determined under paragraph (2). (2) (

A) The amount of the foster youth tax credit shall be equal to one thousand one hundred seventy-six dollars ($1,176), multiplied by the earned income tax credit adjustment factor for the taxable year, as specified in

Section 17052. (

B) For taxable years beginning on or after January 1, 2022, the amount in subparagraph (

A) shall be recomputed annually in the same manner as the recomputation of income tax brackets under subdivision (

h) of

Section 17041. (C) (

i) The foster youth tax credit shall be reduced by twenty dollars ($20) for each one hundred dollars ($100), or fraction thereof, by which the qualified taxpayer’s earned income, as defined in

Section 17052, exceeds the threshold amount. (ii) (

I) For taxable years beginning on or after January 1, 2022, and before January 1, 2023, the twenty dollars ($20) in clause (

i) shall be recomputed in the same manner as the recomputation of income tax brackets under subdivision (

h) of

Section 17041, except that for purposes of this clause, subparagraph (

B) of paragraph (2) of subdivision (

h) of

Section shall be modified by substituting “nearest cent” for “nearest one dollar ($1).” (II) For taxable years beginning after the taxable year in which the minimum wage, as defined in paragraph (1) of subdivision (

b) of

Section 1182.12 of the Labor Code, is set at fifteen dollars ($15) per hour, and before January 1, 2024, the amount calculated under subclause (

I) shall substitute for the twenty dollars ($20) in clause (i). (III) The Franchise Tax Board shall calculate a graduated reduction amount in such a manner that, for a qualified taxpayer with earned income of one dollar ($1) or more in excess of the maximum earned income that results in a credit amount greater than zero dollars ($0) pursuant to

Section 17052, the amount of the credit under this

section is equal to zero. For taxable years beginning on or after January 1, 2024, the graduated reduction amount calculated pursuant to this subclause shall be substituted for the twenty dollars ($20) in clause (i). (iii) For taxable years beginning after the taxable year in which the minimum wage, as defined in paragraph (1) of subdivision (

b) of

Section 1182.12 of the Labor Code, is set at fifteen dollars ($15) per hour, the threshold amount shall be recomputed annually in the same manner as the recomputation of income tax brackets under subdivision (

h) of

Section 17041. (

b) The foster youth tax credit authorized by this

section shall only be operative for taxable years for which resources are authorized in the annual Budget Act for the Franchise Tax Board to oversee and audit returns associated with the earned income tax credit allowed under

Section 17052. (

c) For purposes of this section, the following

definitions shall apply: (1) “Qualified taxpayer,” means an individual who satisfies all of the following: (

A) Has been allowed a tax credit under

Section for the taxable year. (

B) Is to years of age, inclusive, as of the last day of the taxable year. (

C) Was in foster care while years of age or older in an AFDC-FC placement, as described in

Section of the Welfare and Institutions Code, including a tribally approved home, as defined in subdivision (

r) of

Section 224.1 of the Welfare and Institutions Code, or Approved Relative Caregiver Funding Program eligible placement, as described in

Article 6 (commencing with

Section 11450) of

Chapter of Part of Division of the Welfare and Institutions Code, by a Title IV-E agency, pursuant to a voluntary placement agreement or a juvenile court order. (2) “Threshold amount” shall be twenty-five thousand dollars ($25,000). (3) “Title IV-E agency” means either of the following: (

A) A county child welfare agency or probation department that administers foster care placements under Title IV-E of the federal Social Security Act (Part E (commencing with

Section 670) of Subchapter IV of

Chapter of Title of the United States Code). (

B) An Indian tribe, tribal organization, or tribal consortium located in California or with lands that extend into the state that has an agreement with the State Department of Social Services pursuant to

Section 10553.1 of the Welfare and Institutions Code to administer foster care placement under Title IV-E of the federal Social Security Act (Part E (commencing with

Section 670) of Subchapter IV of

Chapter of Title of the United States Code). (d)

(1) As provided for in

Section 10850.8 of the Welfare and Institutions Code, and subject to federal approvals or waivers, the State Department of Social Services shall provide to the Franchise Tax Board the data regarding a qualified taxpayer placed by a Title IV-E agency that may be necessary to verify that an individual qualifies for the foster youth tax credit. The data provided shall remain confidential and shall be used only for purposes directly connected with the foster youth tax credit.

(2) In the event federal approval or waivers pursuant to paragraph (1) are not provided, the Franchise Tax Board and the State Department of Social Services shall explore alternative methods to verify foster care status for individuals described in paragraph (1) of subdivision (

c) in a manner consistent with state and federal law.

(3) The State Department of Social Services shall seek all appropriate federal waivers or approvals for the implementation of this subdivision as necessary. This subdivision shall be implemented only if necessary federal waivers or approvals are granted. (e)

(1) The Franchise Tax Board may prescribe rules, guidelines, procedures, or other guidance to carry out the purposes of this section.

(2) The Franchise Tax Board may prescribe any regulations necessary or appropriate to carry out the purposes of this section, including any regulations to prevent improper claims from being filed or improper payments from being made with respect to net earnings from self-employment.

(3) Chapter 3.5 (commencing with

Section 11340) of Part of Division of Title of the Government Code shall not apply to any regulation, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this section. (

f) If the amount allowable as a credit under this

section exceeds the tax liability computed under this part for the taxable year, the excess shall be credited against other amounts due, if any, and the balance, if any, shall be paid from the Tax Relief and Refund Account and refunded to the qualified taxpayer. (

g) Notwithstanding any other law, amounts refunded pursuant to this

section shall be treated in the same manner as the federal earned income refund for the purpose of determining eligibility to receive benefits under Division 9 (commencing with

Section 10000) of the Welfare and Institutions Code or amounts of those benefits. (

h) Notwithstanding any other law, the payment authorized pursuant to this

section shall not be taken into account as income, and shall not be taken into account as resources for a period of months from receipt, for purposes of determining the eligibility of such individual, or any other individual, for benefits or assistance or the amount or extent of benefits or assistance under any state or local program not covered in subdivision (g). With respect to a state or local program, this subdivision shall only be implemented to the extent that it does not conflict with federal law relating to that program, and that any required federal approval or waiver is first obtained for that program. (

i) The Legislature finds and declares that, to the extent they are otherwise qualified for a credit under this section, undocumented persons are eligible for the tax credit authorized by this

section within the meaning of subsection (

d) of

Section of Title of the United States Code. (j)

(1) In accordance with

Section 41, the purpose of the Foster Care Tax Credit is to reduce poverty among California’s young adults who have been in the foster care program. To measure whether the credit achieves its intended purpose, the Franchise Tax Board shall annually prepare a written report on the following: (

A) The number of tax returns claiming the credit. (

B) The average credit amount on tax returns claiming the credit.

(2) The Franchise Tax Board shall provide the written report, in compliance with

Section of the Government Code, to the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate and Assembly Committees on Appropriations, the Senate Committee on Governance and Finance, the Assembly Committee on Revenue and Taxation, and the Senate and Assembly Committees on Human Services.

(3) The disclosure provisions of this subdivision shall be treated as an exception to

Section under

Article 2 (commencing with 19542) of

Chapter of

Part 10.2.