BILL ANALYSIS
AB 12
Page 1
(Without Reference to File)
CONCURRENCE IN SENATE AMENDMENTS
AB 12 (Beall and Bass)
As Amended August 30, 2010
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: |72-0 |(January 27, |SENATE: |26-8 |(August 31, |
| | |2010) | | |2010) |
-----------------------------------------------------------------
Original Committee Reference: HUM. S.
SUMMARY : Requires California to conform to federal law in order
to maximize federal financial participation by opting in to
kinship guardianship assistance payments provisions 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).
The Senate amendments narrow the scope of this bill by
prohibiting the use of group homes after the youth completes
high school or turns age 19 and by establishing a process to
limit the transitional housing rate and making the final year of
implementation contingent upon an appropriation by the
Legislature. In addition, amendments taken in the Senate
require counties to invest savings from the counties'
share-of-cost due to the federalization of Kin-GAP in extended
care provisions of this bill; thereby decreasing the state's
cost. Specifically, the Senate amendments:
1)Modify Kin-GAP eligibility requirements and conform to federal
law so that a child must reside with a relative for six
consecutive months instead of the current twelve months to be
eligible for kinship guardian assistance.
2)Provide the third year of phased-in implementation of extended
foster care for age 20-21 shall be contingent upon an
appropriation by the Legislature.
3)Establish a process for eligible juvenile delinquents to
remain in a foster care placement as delinquents or for the
court to modify jurisdiction for a delinquent ward to become a
AB 12
Page 2
nonminor dependent.
4)Require the social worker to certify a nonminor dependent's
eligibility at each six-month case plan update and require the
nonminor to report any changes in circumstances that affect
payment during the six month period.
5)Define a "trial independence" consistent with federal
regulation as a period during which the court may terminate
and subsequently resume a nonminor's foster care benefits
provided the nonminor is otherwise eligible.
6)Establish a transitional housing placement (THP)-Plus Foster
Care placement option for nonminor dependents while preserving
the existing THP-Plus program as well as providing that
placements occur within the current allocation. Requires 70%
of the THP-Plus allocation to be budgeted for the THP-Plus
Foster Care program and 30% for THP-Plus. Require DSS to
modify the rate for the Title IV-E funded THP-Plus Foster Care
placement option.
7)Prohibit group home placement for nonminor dependents over the
age of 19 unless the nonminor dependent is unable to meet the
work and education eligibility requirements due to a medical
condition as set forth in the federal eligibility criterion,
and the placement in a group home is a short term transition
to an alternative system of care.
8)Require counties to apply the savings realized as a result of
drawing down federal funds with the newly created federal
Kin-GAP to the cost of care for nonminor dependents thereby
decreasing the state's share of cost, and specify a state
share of cost of 79% for Kin-GAP.
9)Include double-jointing amendments to avoid conflicts with SB
945 (Liu), SB 1214 (Wolk), and SB 1353 (Wright). All these
measures were introduced in 2010, have been approved by both
houses and are currently in enrollment.
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.
AB 12
Page 3
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.
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.
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.
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.
AS PASSED BY THE ASSEMBLY, required California to opt in to
federal financial participation in kinship guardianship
assistance payments and extended transitional foster care
services for eligible youth between 18 and 21 years of age
pursuant to the federal Fostering Connections Act.
FISCAL EFFECT : According to the Senate Appropriations
Committee:
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 General**
AB 12
Page 4
*Assuming other funds could be used toward TANF maintenance of
effort.
**Trial Courts Trust Fund
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 and county-funded program for over a
decade.
Revised federal policy instruction for the federal Fostering
Connections Act will allow California to draw down federal
financial 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: 0006875