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 AB 12 Page 2 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. AB 12 Page 3 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 AB 12 Page 5 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 AB 12 Page 6 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 AB 12 Page 7 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 AB 12 Page 8 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 Page 11 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 Page 12 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 Page 13 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