BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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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







                                                                 AB 12
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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

                                ****  END  ****