BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 12
                                                                  Page  1

          Date of Hearing:  April 14, 2009

                        ASSEMBLY COMMITTEE ON HUMAN SERVICES
                                  Jim Beall, Chair
                  AB 12 (Beall, Bass) - As Amended:  April 13, 2009
           
          SUBJECT  :  California Fostering Connections to Success Act

           SUMMARY  :  Opts California in to new federal laws that allow for  
          federal financial participation in kinship-guardianship  
          assistance payments, beginning January 1, 2010, and transitional  
          foster care services for eligible youth between the ages of 18  
          and 21 years old, beginning October 1, 2010.  Specifically,  this  
          bill  :

          1)Requires the Department of Social Services (department) to  
            exercise its option under federal law to enter into kinship  
            guardianship assistance agreements with relative guardians of  
            children who exit foster care.  In order to create a federally  
            funded Kin-GAP program, makes conforming changes which  
            include, but are not limited to, the following additions or  
            revisions to existing statutes governing California's  
            Kinship-Guardianship Assistance Payment Program (Kin-GAP)  
            program:

             a)   Eligibility criteria, including but not limited to, that  
               the child is a sibling of an eligible child or that the  
               child:

               i)     Has been removed from home pursuant to a voluntary  
                 placement agreement, or adjudicated as a dependent or  
                 ward of the juvenile court, and returning home would be  
                 contrary to the child's welfare;

               ii)    Has been eligible for foster care maintenance  
                 payments while residing in the relative caregiver's home  
                 for at least 6 months; and

               iii)   Demonstrates a strong attachment to the relative,  
                 who has a strong, permanent commitment to caring for the  
                 child.

             b)   A requirement that the department negotiate and enter  
               into a written assistance agreement with the relative  
               guardian, which applies regardless of the guardian's state  








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               of residence and specifies, among other information: 

               i)     The amount of aid, which shall be based on specified  
                 criteria and shall not exceed the rate paid for children  
                 in a foster family home; and 

               ii)    Additional services and assistance for which the  
                 child and guardian are eligible and a procedure for  
                 applying for additional services, as needed.

             c)   A requirement that the state pays the total cost of  
               nonrecurring expenses of obtaining legal guardianship of  
               the child, not to exceed $2,000.

          2)Establishes the intent of the Legislature to ensure that  
            eligible children for whom Kin-GAP benefits were previously  
            paid under California's Kin-GAP program shall receive  
            federally funded Kin-GAP benefits instead.  Deems these  
            children eligible under applicable federal law and requires  
            the child welfare or probation department or tribe, during  
            calendar year 2010, to meet with the relative guardian and  
            child and enter into the above-described negotiated agreement  
            at the time of the child's annual Kin-GAP eligibility  
            redetermination. 

          3)Requires the department to negotiate with the federal  
            Department of Health and Human Services on behalf of the  
            counties participating in the Child Welfare Demonstration  
            Capped Allocation Project to ensure that those counties  
            receive reimbursement for the above- described kinship  
            guardianship agreements outside of the provisions of their  
            current waiver.

          4)Establishes a state-funded Kin-GAP program to continue to  
            provide benefits on behalf of children who are not eligible  
            for the federally funded Kin-GAP program described above.   
            Makes many, but not all, of the same changes, additions or  
            revisions to existing statutes governing California's Kin-GAP  
            program in order to create this state-funded Kin-GAP.

          5)Specifies that Kin-GAP payments shall continue after the  
            filing of a petition pursuant to WIC 388 to change, modify or  
            set aside a court order unless and until the juvenile court  
            orders the child removed from the home, terminates  
            guardianship or grants other requested relief. 








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          6)Establishes the intent of the Legislature to exercise the  
            option afforded states under the federal Fostering Connections  
            to Success and Increasing Adoptions Act of 2008 (Fostering  
            Connections Act) to receive federal financial participation  
            for current or former dependent children or wards of the  
            juvenile court who receive support up to 21 years of age.

          7)Effective October 1, 2010, defines "nonminor dependents" as  
            current or former dependents or wards of the juvenile court  
            who are between 18 and 21 years of age, are in foster care,  
            and are participating in a transitional independent living  
            case plan (TILP) pursuant to the federal Fostering Connections  
            Act.  Allows for the payment of aid, following specified  
            procedures and due process requirements, on behalf of an  
            otherwise eligible nonminor dependent who also meets at least  
            one of the following 5 conditions:

             a)   The nonminor is completing secondary education or an  
               equivalent credential;

             b)   Is enrolled in a postsecondary or vocational education  
               institution;

             c)   Is participating in a program designed to promote, or  
               remove barriers to, employment; 

             d)   Is employed for at least 80 hours per month; and

             e)   Is incapable of doing one of the above due to a medical  
               condition, and that incapability is supported by regularly  
               updated case plan information. 

          8)As of October 1, 2010, changes eligibility for adoption  
            assistance program (AAP) and Kin-GAP assistance to also  
            include otherwise eligible youth between the ages of 18 and 21  
            for whom an adoption assistance agreement was entered into or  
            Kin-GAP aid began after the age of 16 and who meet one of the  
            above-described 5 conditions.  

          9)Requires the county welfare or probation department, or tribe,  
            to notify all foster youth, including those receiving Kin-GAP  
            and AAP, who attain 16 years of age and are under their  
            jurisdiction of the existence of the aid described above.









                                                                  AB 12
                                                                  Page  4

          10)Declares that the juvenile court has within its  
            "jurisdiction" any nonminor dependent.  Authorizes the court  
            to terminate "dependency or delinquency jurisdiction" over the  
            nonminor between the ages of 18 and 21.  Allows a nonminor  
            under the age of 21 to petition for the court to resume its  
            dependency jurisdiction and requires a court hearing on such a  
            petition.  Further requires that the court resume dependency  
            jurisdiction and order a new TILP within 60 days if it finds  
            that the nonminor is eligible for dependency jurisdiction.

          11)Authorizes the placement of nonminor dependents in  
            "supervised independent living" (SIL) settings.  Defines a SIL  
            setting as a supervised setting specified in a nonminor  
            dependent's TILP, pursuant to federal law.  Exempts SIL  
            settings from licensure under the Community Care Facilities  
            Act.  Establishes the rate paid on behalf of youth in SIL  
            settings as equivalent to the per child, per month rates paid  
            to foster family homes.

          12)Requires the court, at the last review hearing before a  
            foster child turns 18, to ensure that the child's TILP  
            includes a plan for the child to meet one of the criteria for  
            eligibility as a nonminor dependent and that the child has  
            been informed of the right to seek termination of dependency  
            jurisdiction at any time after reaching the age of majority  
            and before the age of 21.  Requires the child welfare or  
            probation department to report to the court, at the hearing  
            closest to and before a dependent child's 18th birthday and  
            each review hearing thereafter whether specified information,  
            documents and services have been provided.  

          13)Requires that case plans for nonminor dependents be developed  
            with, and signed by, the nonminor and include specified  
            information. 

          14)Requires that the status of a nonminor dependent be reviewed  
            periodically.  Establishes the frequency of review as  
            determined by the court, but at least every 6 months, until  
            dependency jurisdiction is terminated.  Specifies that courts  
            shall not order hearings to terminate parental rights of a  
            nonminor dependent's parent(s).  Requires the court to hold a  
            specified hearing before terminating dependency jurisdiction  
            for a nonminor dependent.

          15)Adds nonminor dependents to existing categories of youth who  








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            may retain specified cash resources and remain eligible to  
            receive specified social services and to those who may receive  
            CalWORKs while in the approved home of a relative foster  
            caregiver.

          16)Specifies that nothing in the above provisions gives legal  
            custody of a person who has attained the age of 18 to a county  
            welfare or probation department or otherwise abrogates rights  
            that a person who has reached the age of 18 has under state  
            law.  Unless otherwise specified, declares that the rights of  
            a dependent child and responsibilities of specified  
            departments and other entities toward them also apply to  
            nonminor dependents. 

          17)Requires the department, by specified dates, to revise or  
            adopt specified regulations to implement the above provisions.  
             In some instances, directs the department to prepare for this  
            implementation by releasing instructions to apply for set  
            periods prior to the adoption of regulations.  Authorizes  
            implementation of regulatory changes via emergency  
            regulations.

          18)Makes other related changes.
           

          EXISTING STATE LAW  : 

          1)Establishes a system of child welfare services, including  
            foster care, for children who have been or are at risk of  
            being abused or neglected.  

          2)Establishes the Kin-GAP program to enhance family preservation  
            and stability by recognizing that many dependent children are  
            in long-term, stable placements with relatives that allow for  
            their dependency cases to be dismissed.  Sets the rate paid on  
            behalf of a child in a placement supported by Kin-GAP as  
            equivalent to the rate paid to foster family homes.  Welfare  
            and Institutions Code Section (WIC) 11360; 11364.

          3)Authorizes the juvenile court to retain jurisdiction over a  
            child who has been adjudicated a dependent because of abuse or  
            neglect until the ward or dependent child attains the age of  
            21 years.  WIC 303.  

          4)Specifies that Aid to Families with Dependent Children-Foster  








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            Care (AFDC-FC) benefits and Kin-GAP assistance shall be paid  
            on behalf of a child in foster care or a guardianship under  
            the age of 18 who meets additional eligibility criteria.  WIC  
            11363; 11401.  Exempts from this age-based requirement foster  
            children and children in guardianships between the ages of 18  
            and 19 who are pursuing specified education-related goals.   
            WIC 11403.

          5)Establishes AAP with the intent to reduce the number of  
            children in foster care and provide stable, secure homes for  
            children who meet specified eligibility requirements.  WIC  
            16115.5; 16120.  Specifies that the amount of adoption  
            assistance benefit, if any, shall be negotiated based on the  
            needs of the child and circumstances of the family and  
            included in an adoption assistance agreement.  WIC 16119  
            (d)(1); WIC 16120.05.  Specifies as criteria for receipt of  
            AAP benefits that the child is under the age of 18, or is  
            under the age of 21, and has a handicap that warrants the  
            continuation of assistance.  WIC 16120.
           
          FISCAL EFFECT  :  Unknown

           COMMENTS  : 

           1)Summary:   In October, 2008, President Bush signed one of the  
            most significant pieces of child welfare legislation in some  
            time.  Along with multiple new requirements for states, the  
            federal Fostering Connections Act offered states the  
            opportunity to opt-in to new federal funding streams if they  
            choose to provide kinship-guardianship benefits to relative  
            guardians and/or foster care to 18 to 21-year-old youth in  
            conformity with federal law.  AB 12, the California Fostering  
            Connections Act, would enable the state to exercise both of  
            these options.  With regard to kinship-guardianship benefits,  
            this bill would allow California to draw down federal funds  
            for what has been a state-funded program for a decade.  
           
           2)Kinship-Guardianship in California and New Federal Law  :   
            California's Kinship-Guardianship (Kin-GAP) program was  
            created by SB 1901 (McPherson), Chapter 1055, Statutes of  
            1998.  The program's goal is to enhance stability for foster  
            children by supporting their long-term placements with  
            relatives who become their legal guardians.  Although the  
            juvenile court retains some form of jurisdiction over  
            children served by Kin-GAP, the children no longer receive  








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            foster care services and supports.  In 2007-8, the Kin-GAP  
            program assisted 14,000 former foster children living with  
            relative guardians. 

            For conformity with federal requirements, key differences  
            between California's existing Kin-GAP program and the new  
            federally supported kinship-guardianship program created by  
            this bill would include: 

             a)   A new requirement that county agencies negotiate a  
               kinship guardianship agreement with prospective relative  
               guardians, rather than simply set the benefit payment  
               rate at the level offered to foster families without  
               offering additional services (except in some locations  
               where kinship support services may be available).  The  
               negotiated benefit rate is, however, capped at the rate  
               the family would have received as a foster family home.

             b)   A new requirement that the negotiated agreements apply  
               regardless of the guardian's state of residence.  Under  
               current law, Kin-GAP benefits do not extend across state  
               borders.

             c)   A new requirement that the state pay nonrecurring  
               costs of obtaining guardianship, up to $2,000.  It is not  
               yet clear how this requirement will apply in California,  
               however, as juvenile courts do not charge fees to  
               establish guardianships.

             d)   The expansion of eligibility for Kin-GAP benefits to  
               include children who have lived with relatives for at  
               least 6 months (rather than the current 12), and under  
               specified circumstances, siblings who would otherwise not  
               qualify.

            To meet the new requirements for California's existing  
            caseload of children receiving Kin-GAP benefits, AB 12 deems  
            these children eligible under specified federal law and  
            requires the child welfare agency to negotiate a new,  
            conforming kinship guardianship agreement with their  
            relative guardians. 

           3)Continuance of State-funded Kin-GAP  :  Some number of  
            children who exit foster care to enter into relative  
            guardianship will not qualify under other eligibility  








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            criteria (based on the income of the family from whom they  
            were originally removed) for new federal funding.  According  
            to the department, this number could be as low as less than  
            1%.  AB 12 would ensure that guardians of these children  
            continue to receive Kin-GAP benefits.  The above changes to  
            create the new federally-funded Kin-GAP program would also  
            apply to state-funded Kin-GAP beneficiaries, with some  
            exceptions (i.e. no reimbursement for costs of obtaining  
            guardianship and benefits would not extend to guardians  
            outside California or to siblings who are not otherwise  
            eligible). 

           4)Transitional Services Provisions of New Federal Law and AB 12  :  
             The federal Fostering Connections Act will also make federal  
            matching funds available as of October 1, 2010 for states that  
            opt to provide specified foster care services, adoption  
            assistance and/or kinship guardianship assistance benefits  
            until eligible youth reach up to the age of 21.  Juvenile  
            courts in California currently have authority to retain  
            jurisdiction over and order foster care services for an  
            individual who reached the age of majority while in foster  
            care but is under the age of 21.  However, under existing  
            state law both federal and state foster care funds are  
            available only until youth are 18 or 19 years old.  As a  
            result, the vast majority of California's foster youth who are  
            in care when they reach the age of majority (approximately  
            4,000 to 5,000 each year) currently "emancipate" from the  
            system at the age of 18 or 19.  

            AB 12 would opt California in to federal financial  
            participation for this extension of eligibility for children  
            in foster care, as well as those who are supported by adoption  
            assistance or kinship guardianship benefits, until the age of  
            21.  Qualifying youth (called "non-minor dependents" in this  
            bill) would include those who were dependents or wards in  
            foster care when they reached the age of 18.  They would also  
            include former foster youth who were adopted after reaching  
            age 16 and eligible for AAP or who entered into a relative's  
            guardianship after age 16.  To be eligible, these 18 to  
            21-year-old youth must also meet one of five additional  
            criteria.  The youth must be: (1) completing high school or a  
            program leading to an equivalent credential; (2) enrolled in  
            an institution which provides post-secondary or vocational  
            education; (3) participating in a program or activity designed  
            to promote, or remove barriers, to employment; (4) employed  








                                                                  AB 12
                                                                  Page  9

            for at least 80 hours per month; or (5) be incapable of doing  
            any of the above due to a medical condition.  

           5)Another State's Experience and Youth Options Under AB 12:    
            Under AB 12, transitional foster care supports and services  
            would be available at the option of eligible 18 to  
            21-year-olds.  The state of Illinois has supported foster  
            youth until the age of 21 for approximately 20 years (with  
            state funds).  According to the author of this bill, in  
            Illinois, 81% of youth elect to continue to receive support  
            when they turn 18 years old, a figure which decreases to 69%  
            at age 19 and 54% by the age of 20.  

            Under this bill, the court would terminate its dependency  
            jurisdiction if an eligible youth elected to leave foster care  
            before the age of 21.  However, as long as that youth  
            continued to meet the other eligibility criteria, he or she  
            would be able to opt back in to receive foster care supports  
            before the age of 21.  Under AB 12, youth who elect to receive  
            support after age 18 may continue to live in the same  
            placement they lived in as minors, which can include foster  
            family homes, kinship placements, group homes and the  
            Transitional Housing Placement Program (THPP).  Alternatively,  
            youth may remain in foster care, but live in a different  
            foster care placement.  This bill also enacts a new placement  
            type for nonminor dependents, created by the federal Fostering  
            Connections Act and called a Supervised Independent Living  
            setting.  

          6)  Outcomes for Youth Emancipating From the Foster Care System  :   
            Multiple studies document the overwhelming challenges that  
            former foster youth face when they emancipate from foster  
            care.  Some of the most frequently-cited are a series of  
            reports from the University of Chicago's Chapin Hall based on  
            the "Midwest Study of the Adult Functioning of Former Foster  
            Youth," (available at  
             http://www.chapinhall.org/article_abstract.aspx?ar=1355  ; last  
            visited April 12, 2009).  These reports document that youth  
            who "age out" of foster care are more than twice as likely not  
            to have a high school diploma and are less likely to attend  
            college, less likely to be employed, more likely to rely on  
            government assistance, more likely to have children and more  
            likely to be arrested.  The reports from the Midwest Study  
            also compare outcomes for youth who remained in foster care  
            past age 18 (mostly in Illinois) with those of youth who were  








                                                                  AB 12
                                                                 Page  10

            required to exit at age 18 (in Iowa and Wisconsin).  The  
            reports document that youth who continued to receive the  
            support of foster care past age 18 fared far better than those  
            who "aged out" at 18.  Specifically, youth who received  
            support after age 18 were twice as likely to be enrolled in a  
            school or training program and three times as likely to be  
            enrolled in college.  They were earning more income and were  
            less likely to have been arrested or incarcerated or to have  
            become pregnant. 

          7)Other comments and related legislation  :  According to the  
            author of AB 12, the federal Fostering Connections Act  
            "provides California with an unprecedented opportunity to  
            access federal funding to improve the lives of our state's  
            most vulnerable youth...The [bill's provisions] represent both  
            fiscally and socially responsible improvements to California's  
            foster care system.  As a result, California would utilize  
            federal funds to meet costs currently borne by the state and  
            counties, and realize proven savings from declines in  
            unemployment, homelessness, teen pregnancy, public assistance,  
            and the other costly outcomes for young adults who 'age out'  
            of foster care."  These changes would also implement critical  
                 recommendations of the California Judicial Council's Blue  
            Ribbon Commission on Children in Foster Care.

            Several bills introduced this session include provisions to  
            implement various requirements of the federal Fostering  
            Connections Act.  AB 270 (De La Torre) also seeks to  
            strengthen existing laws about the documents, information and  
            services that the child welfare agency must provide to youth  
            prior to their emancipation from foster care.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Alliance of Child and Family Services (Co-sponsor)
          California Youth Connection (Co-sponsor)
          Children's Law Center of Los Angeles (CLCLA) (Co-sponsor)
          County Welfare Directors Association of CA (CWDA) (Co-sponsor)
          John Burton Foundation (Co-sponsor)
          Judicial Council of CA (Co-sponsor)
          Service Employees International Union (Co-sponsor)
          Youth Law Center (Co-sponsor)
          3rd Street Youth Center & Clinic








                                                                  AB 12
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          Adolescent Health Working Group
          Alameda County Court Appointed Special Advocate Program
          Alameda County Foster Youth Alliance
          Alameda County Juvenile Justice/Delinquency Prevention  
          Commission
          Alameda County Office of Education, Foster Youth Services  
          Program
          All Saints Church Foster Care Project
          Alternative Family Services
          American Federation of State, County and Municipal Employees  
          (AFSCME)
          Arriba Juntos
          Aspiranet 
          Association of Community Human Service Agencies
          Bay Area Youth Centers
          Be A Mentor, Inc.
          Berhe Group Homes, Inc.
          Beyond Emancipation
          Bienvenidos Children's Center
          C.H.A.I.N. Reaction Inc. 
          CA Coalition for Youth
          California State Association of Counties (CSAC)
          California State PTA
          California Teacher's Association
          Catholic Charities of East Bay
          Chairs Youth Center
          Child Advocates of Silicon Valley
          Chinatown Child Development Center
          City and County of San Francisco
          CME Society of San Jose State University
          Communities in Harmony Advocating for Learning and Kids (CHALK)
          Concept 7 Family Support and Treatment Center
          Contra Costa County Children & Family Services
          Court Appointed Special Advocates (CASA)
          County of Santa Barbara
          Covenant House California
          Crossroads Treatment Center
          D & R Training Point, Inc.
          David and Margaret Youth & Family Services
          Disability Rights Education and Defense Fund. (DREDF)
          Drug Policy Alliance Network
          Equality California
          Ettie Lee Youth & Family Services
          Every Child Foundation
          Families Uniting Families








                                                                  AB 12
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          Family Care Network
          Family Law Section, State Bar of California
          First Place for Youth
          Five Acres - The Boys' & Girls' Aid Society of Los Angeles
          Foothill College, Financial Aid Outreach staff
          Fresno County Economic Opportunities Commission
          Greenhouse Family Services
          Hathaway-Sycamores Child and Family Services
          Heather Martinez Zona (Court Appointed Special Advocate)
          Honoring Emancipated Youth
          Interagency Children's Policy Council of Alameda County
          JUMA Ventures
          Junior League of Napa-Sonoma Board of Directors
          Kids in Common
          Larkin Street Youth Services
          Lavender Youth Recreation and Information Center (LYRIC) 
          Legal Aid Association of California
          Legal Advocates for Children & Youth
          Legal Services for Children
          Lincoln Child Center
          Maryvale
          Matchbridge
          Modoc County Department of Social Services
          Modoc County Office of Education
          Ohlone Community College District
          Olive Crest
          Paradise Oaks Youth Services
          Peacock Acres Inc.
          Penny Lane Centers
          Pivotal Point
          Placer County Foster Youth Services
          Planned Parenthood Affiliates of California (PPAC)
          Plumas County Independent Living Skills Program
          Plumas Court Appointed Special Advocates
          Professor Mary Kobane, Santa Ana College
          Rebekah Children's Services
          Redwood Children's Services, Inc.
          Remi Vista Inc, Youth & Family Services
          Riverside County Office of Education, Foster Youth Services
          Rosemary Children's Services
          Roundhouse Council, Indian Education & Family Resource Center
          Sacramento Children's Home
          San Francisco State University's Guardian Scholars Program
          San Francisco Youth Commission
          San Jose State University, Connect Motivate Educate Society








                                                                  AB 12
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          Santa Ana College
          Santa Clara County Board of Supervisors
          Silicon Valley Children's Fund
          Sonoma County Human Services, Family, Youth and Children's  
          Division
          STARS Community Services - San Leandro
          Sunny Hills Services
          The Teen Project
          The Village Family Services
          Time for Kids, Inc
          TLC Child and Family Services
          United Friends of the Children
          VOICES ILP
          West Coast Children's Clinic
          Westside Children's Center
          Youth for Change
          Youth Justice Institute
          YWCA Santa Monica
          17 Individuals

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Jennifer Troia / HUM. S. / (916)  
          319-2089