BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 12|
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THIRD READING
Bill No: AB 12
Author: Beall (D), et al
Amended: 8/18/10 in Senate
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 3-0, 6/10/10
AYES: Liu, Runner, Yee
NO VOTE RECORDED: Romero, Vacancy
SENATE JUDICIARY COMMITTEE : 4-0, 6/22/10
AYES: Corbett, Harman, Hancock, Leno
NO VOTE RECORDED: Walters
SENATE APPROPRIATIONS COMMITTEE : 11-0, 8/12/10
AYES: Kehoe, Ashburn, Alquist, Corbett, Emmerson, Leno,
Price, Walters, Wolk, Wyland, Yee
ASSEMBLY FLOOR : 72-0, 1/27/10 - See last page for vote
SUBJECT : California Fostering Connections to Success Act
SOURCE : Alliance for Childrens Rights
California Alliance of Child and Family
Services
California County Welfare Directors Association
Childrens Law Center of Los Angeles
California Youth Connection
John Burton Foundation for Children Without
Homes
Judicial Council of California
Service Employees International Union
CONTINUED
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Youth Law Center
DIGEST : This bill extends transitional foster care
services to eligible youth between 18 and 21 years of age,
and requires California to seek federal financial
participation in kinship guardianship assistance payments.
ANALYSIS : Existing law:
1.Establishes a system of child welfare services, including
foster care, for children who are abused or neglected or
are at risk of being abused or neglected.
2.Establishes the state's Kinship-Guardianship Assistance
Payment (Kin-GAP) program to recognize that some
dependent children are in long-term, stable placements
with relatives and to allow those dependency cases to be
dismissed. [Welfare and Institutions Code (WIC) Sections
11360]
3.Sets the rate paid for a child in a Kin-GAP placement as
the same as the rate paid to foster family homes. (WIC
Section 11364)
4.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)
5.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 who is under the age of 18 or a child in a
guardianship who is under the age of 18 and who meets
additional eligibility criteria. (WIC Sections 11363 and
11401)
6.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 Section 11403)
7.Establishes the adoption assistance program with the
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intent to reduce the number of children in foster care
and to provide stable, secure homes for children who meet
specified eligibility requirements. (WIC Sections
16115.5 and 16120)
8.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 shall be
included in an adoption assistance agreement. [WIC
Sections 16119 (d)(1) and 16120.05]
9.Specifies as criteria for receipt of adoption assistance
program benefits that the child is under the age of 18,
or is under the age of 21 and has a disability that
warrants the continuation of assistance. (WIC Section
16120)
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. To create a
federally funded Kin-GAP program, the bill makes
conforming changes which include, but are not limited
to, the following additions or revisions to existing
statutes governing California's Kin-GAP program:
A. Establishes eligibility criteria, including that
the child is a sibling of an eligible child or that
the child:
(1) 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;
(2) Has been eligible for foster care
maintenance payments while residing in the relative
caregiver's home for at least six months; and,
(3) Demonstrates a strong attachment to the
relative, who has a strong, permanent commitment to
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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:
(1) 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,
(2) Additional services and assistance for which
the child and guardian are eligible and a procedure
for applying for additional services, as needed.
(Cf. WIC Section 11387 added by AB 12.)
1. Creates a process for converting eligible existing
state-funded Kin-GAP cases to the newly established
federally funded Kin-GAP with the goals of minimal
disruption to the guardian and child and no break in the
assistance payments. (Cf. WIC Section 11378 added by AB
12.)
2. 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. (Cf. new WIC Section 11385.)
3. Maintains a state-funded Kin-GAP program to provide
benefits on behalf of children who are not eligible for
the federally funded Kin-GAP program described in 2)
above.
4. Specifies that Kin-GAP payments shall continue after the
filing of a petition pursuant to 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. (Cf. WIC Section 11363.)
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5. Requires that 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.
(Cf. WIC Section 11217 and Article 4.7, WIC Section
11385, added by AB 12.)
6. 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 their 19th birthday;
B. Effective January 1, 2013, extends foster care
to eligible youth up to their 20th birthday; and,
C. Effective January 1, 2014, extends foster care
to eligible youth up to their 21st birthday.
7. 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 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;
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;
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or,
E. Is incapable of doing one of the above due to a
medical condition, and that incapability is
supported by case plan information that is brought
up-to-date regularly.
8. 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.
9. Requires the county welfare, probation department, or
tribe, to explain these program changes to all foster
youth, including those receiving Kin-GAP and AAP, who
attain 16 years of age and are under their jurisdiction.
10.Establishes 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. (Cf. WIC Sections 391 and 388 in AB 12.)
Further requires that the court resume dependency
jurisdiction and order a new transitional independent
living case plan within 60 days if it finds that the
nonminor is eligible for dependency jurisdiction. (Cf.
WIC Section 727.2.)
11.Authorizes the placement of nonminor dependents in
supervised independent living settings. Defines a
"supervised independent living setting" as a setting
specified in a nonminor dependent's transitional
independent living case plan, pursuant to federal law.
Exempts supervised independent living settings from
licensure under the Community Care Facilities Act.
Establishes the rate paid on behalf of youth in
supervised independent living settings as equivalent to
the per-child, per-month rates paid to foster family
homes. (Cf. WIC Section 11400 in AB 12.)
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12.Requires the court, at the last review hearing before a
foster child turns 18, to ensure that the child's
transitional independent living case plan 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. [Cf. WIC Sections 391
(e)(2) and 366.6 (l) in AB 12.]
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, 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 parents. 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 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 statutory 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.
(Cf. WIC Section 303.)
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17.Requires DSS, by specified dates, to revise or adopt
regulations to implement these new statutory provisions.
Authorizes implementation of regulatory changes via
emergency regulations.
18.Requires a county to apply the savings it realizes as
result of drawing down federal funds with the newly
created federal Kin-GAP to the cost of care for nonminor
dependents.
19.Requires the social worker to certify a nonminor
dependent's eligibility at each six-month case plan
update and requires the nonminor to report any changes
in circumstances that effect payment during the six
month period.
20.Makes other related changes.
Background
Each year in California, about 5,000 youth emancipate from
foster care, which is by far the largest number of any
state in the union. Over the past ten years, according to
data from the state's Child Welfare Services/Case
Management System, managed by the Center for Social
Services Research at the University of California,
Berkeley, about 52,000 Californians have emancipated from
foster care (from 3,974 in 1998-99 to 5,387 in 2008-09).
The immediate outcomes for these young adults are sobering.
Studies have shown that former foster youth, when compared
to other young adults of the same age and race, are less
likely to complete high school, attend college, or be
employed. They are also at a higher risk for becoming
homeless and arrested or incarcerated. (See Foster Care in
California , Public Policy Institute of California, 2010.)
In 1998, California established the Kinship Guardianship
Assistance Payment program (the Kin-GAP program) to provide
financial assistance for children who, after being adjudged
dependent children of the juvenile court, are placed in
legal guardianship with a relative. (SB 1901, McPherson,
Chapter 1055, Statutes of 1998.) The bill was a result of
a study that concluded that most relative caregivers have
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strong commitments to the children in their care, but are
averse to adoption as it requires the termination of the
parental rights of one of their family members. Moreover,
while most relative caregivers supported permanency
planning for a child, many did not pursue legal
guardianship for fear of losing the needed financial
support they obtained under the foster care system. To
date, Kin-GAP has been successful in reducing the number of
children in foster care. In 2009, the Kin-GAP program
assisted approximately 14,500 former foster children living
with relative guardians. However, unlike foster care or
adoption assistance, there historically have been no
federal funds available for relative guardianships.
Instead, all Kin-Gap costs have been borne by California.
In October, 2008, the federal government enacted the
Fostering Connections to Success and Increasing Adoptions
Act (Public Law 110-351). The Act offers states the
opportunity to opt-in to new federal funding streams if
they choose to provide kinship-guardianship benefits to
relative guardians or if they provide foster care to 18 to
21-year-old youth.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2010-11
2011-12 2012-13 Fund
Fed-GAP replaces Kin-GAP
<$30,000> General*
Foster care, Fed-GAP, AAP Unknown; likely millions.
Low tens of millions, General
extension to age 21 at
full implementation
Federal
Local
Court proceedings
Likely minor, ongoing workload
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General**
*Assuming other funds could be used toward TANF maintenance
of effort.
**Trial Courts Trust Fund
SUPPORT : (Verified 8/18/10)
Alliance for Children's Rights (co-source)
California Alliance of Child and Family Services
(co-source)
California County Welfare Director's Association
(co-source)
Children's Law Center of Los Angeles (co-source)
California Youth Connection (co-source)
John Burton Foundation for Children Without Homes
(co-source)
Judicial Council of California (co-source)
Service Employees International Union (co-source)
Youth Law Center (co-source)
Adolescent Health Working Group
Alameda County Court Appointed Special Advocate Program
Alameda County Foster Youth Alliance
Alameda County Family Justice Center
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 Academy of Pediatrics
American Federation of State, County and Municipal
Employees, AFL-CIO
Arriba Juntos
ASPIRAnet
Association of Community Human Service Agencies
Bay Area Youth Centers
Be A Mentor, Inc.
Bethe Group Home
Beyond Emancipation
Bienvenidos Children's Center
Board of Supervisors County of Los Angeles
Board of Supervisors County of Santa Clara
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California Coalition for Youth
California Commission on Aging
California Communities United Institute
California Council of Community Mental Health Agencies
California Mental Health Directors Association
California Peace Officers' Association
California Police Chiefs Association
California State Association of Counties
California State PTA
California Teachers Association
California Youth Empowerment Network
Catholic Charities of the East Bay
Central California Training Academy
Changing the Health of Adolescents Impacting the Nation
Reaction, Inc.
DBA, C.H.A.I.N. Reaction, Inc.
Charis Youth Center
Child Abuse Prevention Center
Child Abuse Prevention Council
Child Advocates of Placer County
Child Advocates of Silicon Valley, Inc.
Children's Defense Fund California
Children & Family Services of Contra Costa County
Children's Law Center of Los Angeles
Children NOW
City and County of San Francisco
City of Culver City
Communities in Harmony Advocating for Learning and Kids
Concept 7 Family Support & Treatment Centers
Congregation Beth Shalom's Sacramento ACT Local Organizing
Committee
Connect Motivate Educate Society of San Jose State
University
Contra Costa County Board of Supervisors
Contra Costa County Children & Family Services
County of Santa Barbara
Court Appointed Special Advocates
Court Appointed Special Advocates of Alameda County
Court Appointed Special Advocates of Imperial County
Court Appointed Special Advocates of Orange County
Court Appointed Special Advocates of Placer County
Covenant House California
Crossroads Treatment Center
D & R Turning Point, Inc.
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David & Margaret Youth and Family Services
Disability Rights Education and Defense Fund
Drug Policy Alliance Network
Equality California
Every Child Foundation
Families Uniting Families
Family Care Network
Family Law Section of the State Bar of California
Fight Crime: Invest in Kids California
First Place for Youth
Five Acres - The Boys' & Girls' Aid Society of Los Angeles
Foothill College's Financial Aid Outreach
Fresno County Economic Opportunities Commission's Sanctuary
Youth
Services
Grandparents As Parents
Greenhouse Family Services
Hathaway-Sycamores Child and Family Services
Honoring Emancipated Youth
Imperial Valley Regional Occupational Program
Independent Living Program
Interagency Children's Policy Council of Alameda County
John Burton Foundation for Children without Homes
Juma Ventures
Junior League of Napa-Sonoma Board of Directors
Junior League of Orange County
Kids in Common
Larkin Street Youth Services
Lavender Youth Recreation and Information Center
League of Women Voters of California
Legal Aid Association of California
Legal Services for Children
Lincoln Child Center
Los Angeles County Sheriff Lee Baca
Maryvale
Masonic Homes Children's Program
MatchBridge
Mental Health Association of San Francisco
Modoc County Department of Social Services
Modoc County Office of Education
National Association of Social Workers, California Chapter
Ohlone College
Olive Crest
Paradise Oaks Youth Services
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Peacock Acres
Penny Lane Centers
Pivotal Point Youth Services, Inc.
Placer County Foster Youth Services
Planned Parenthood Affiliates of California
Plumas County Independent Living Skills Program
Plumas Court Appointed Special Advocates
Professional Fiduciary Association of CA
Public Counsel Law Center
Rebekah Children's Services
Redwood Children's Services, Inc.
Remi Vista Inc, Youth & Family Services
Regional Council of Rural Counties
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
Sacramento Court Appointed Special Advocate Program
San Diego County Office of Education, Foster Youth Services
San Francisco Family & Child Guidance Clinic, Native
American Health
Center
San Francisco State University
Santa Ana College
Service Employees International Union
Silicon Valley Community Foundation
Sonoma County Human Services Department
St. Anne's
STARS Community Services - San Leandro
Sunny Hills Services
Sunnyvale School District - Board of Trustees
The Teen Project
The Village Family Services
Time for Kids, Inc.
TLC Child and Family Services
Unique Perspective, Career and Life Planning
United Friends of the Children
Ventura County Board of Supervisors
VOICES LLP
WestCoast Children's Clinic
Westside Children's Center
Youth Commission San Francisco
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Youth for Change
Youth Justice Institute
Yuba College Youth Empowerment Strategies
Yuba Sutter Foster Parent Association
YWCA Santa Monica /Westside
3rd Street Youth Center and Clinic
OPPOSITION : (Verified 8/18/10)
California Right to Life Committee
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Charles
Calderon, Chesbro, Conway, Cook, Coto, Davis, De La
Torre, De Leon, DeVore, Emmerson, Eng, Evans, Feuer,
Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,
Galgiani, Garrick, Gilmore, Hagman, Harkey, Hayashi,
Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Lieu,
Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning,
Nava, Nestande, Niello, Nielsen, John A. Perez,
Portantino, Ruskin, Salas, Saldana, Silva, Skinner,
Smyth, Solorio, Audra Strickland, Swanson, Torres,
Torrico, Tran, Villines, Yamada
NO VOTE RECORDED: Carter, Hall, Knight, V. Manuel Perez,
Torlakson, Bass
CTW:nl 8/18/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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