BILL ANALYSIS AB 12 Page 1 ASSEMBLY THIRD READING AB 12 (Beall and Bass) As Amended January 25, 2010 Majority vote HUMAN SERVICES 5-0 APPROPRIATIONS 13-4 ----------------------------------------------------------------- |Ayes:|Beall, Ammiano, Tom |Ayes:|De Leon, Ammiano, | | |Berryhill, Portantino, | |Bradford, Charles | | |Torres | |Calderon, Coto, Davis, | | | | |Fuentes, Hall, John A. | | | | |Perez, Skinner, Solorio, | | | | |Audra Strickland, | | | | |Torlakson | | | | | | |-----+--------------------------+-----+--------------------------| | | |Nays:|Conway, Harkey, Miller, | | | | |Nielsen | ----------------------------------------------------------------- SUMMARY : Requires California to opt in to federal financial participation in kinship guardianship assistance payments and extends transitional foster care services for eligible youth between 18 and 21 years of age pursuant to the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Fostering Connections Act). Specifically, this bill : 1)Requires the Department of Social Services (DSS) 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) Establishes 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 AB 12 Page 2 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 six months; and, iii) Demonstrates a strong attachment to the relative, who has a strong, permanent commitment to caring for the child. b) Requires that DSS negotiate and enter into a written assistance agreement with the relative guardian, which applies regardless of the guardian's state 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) Requires the state to pay the total cost of nonrecurring expenses of obtaining legal guardianship of the child, not to exceed $2,000. 2)Creates a process for converting eligible existing state-funded Kin-GAP cases to the newly established federally funded Kin-GAP with minimal disruption to the guardian and child, and no break in the assistance payments. 3)Requires DSS 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 AB 12 Page 3 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 Welfare and Institutions Code (WIC) Section 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. 6)Requires the federally funded Kin-GAP opt-in begin after the Director of DSS issues a declaration that increased federal financial participation under the American Recovery and Reinvestment Act (ARRA), or subsequent federal legislation is no longer available. 7)Establishes the intent of the Legislature to exercise the option afforded states under the federal 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 as follows: a) Effective January 1, 2012, extends foster care to eligible youth up to 19 years of age; b) Effective January 1, 2013, extends foster care to eligible youth up to 20 years of age; and, c) Effective January 1, 2014, extends foster care to eligible youth up to 21 years of age. 8)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 five conditions: a) Is completing secondary education or an equivalent credential; AB 12 Page 4 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; or, 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. 9)Changes eligibility for the 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 five conditions. 10)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. 11)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. 12)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. AB 12 Page 5 13)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. 14)Requires that case plans for nonminor dependents be developed with, and signed by, the nonminor and include specified information. 15)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 six 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. 16)Adds nonminor dependents to existing categories of youth who 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. 17)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. 18)Requires DSS, by specified dates, to revise or adopt specified regulations to implement the above provisions. In some instances, directs DSS to prepare for this implementation by releasing instructions to apply for set periods prior to AB 12 Page 6 the adoption of regulations. Authorizes implementation of regulatory changes via emergency regulations. 19)Makes other related changes. EXISTING 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. WIC Sections 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 Section 303. 4)Specifies that Aid to Families with Dependent Children-Foster 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 Sections 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 Section11403. 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 Section 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 Sections 16119 (d)(1); 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 Section 16120. AB 12 Page 7 FISCAL EFFECT : According to the Assembly Appropriations Committee extending Foster Care, KinGAP and AAP to age 21, once fully implemented, will cost between $100 million and $155 million per year ($65 million to $100 million General Fund). Also, as noted in the May 20, 2009 Appropriations Committee analysis, the LAO found that, "While there would initially be increased costs to implementing AB 12, we estimate that by full program implementation (in 2011-12 and beyond) the net cost of the program would be in the range of $5 million to $41 million. We note that the cost of AB 12 would be significantly less in 2009-10 if the date of shifting Kin-GAP to a Title IV-E program was delayed until the ARRA federal fiscal relief period ends on September 30, 2010." Amendments taken in the Appropriations Committee effectively delay the transition to the federally funded Kin-GAP until after the increased federal financial participation through ARRA is no longer available, therefore significantly reducing the cost of AB 12, as suggested by the LAO. In addition, the staggered extension of foster care support to age 21 over the course of three years beginning in 2012 would allow for California's continued economic recovery, and for no budget year expenses as a result of AB 12. COMMENTS : In October, 2008, President Bush signed one of the most significant pieces of child welfare legislation in recent history. 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. This bill, enacting 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 over a decade. With recently revised federal policy instruction for the federal Fostering Connections Act, provisions of the bill related to the conversion of California's existing Kin-GAP caseload to the new federally funded Kin-GAP will no longer apply. The revised instruction will allow California to draw down federal financial AB 12 Page 8 participation for its state-funded relative guardianship program. According to the author of this bill, 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. Analysis Prepared by : Michelle Doty Cabrera / HUM. S. / (916) 319-2089 FN: 0003628