BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 270
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          Date of Hearing:   April 21, 2009

                           ASSEMBLY COMMITTEE ON JUDICIARY
                                  Mike Feuer, Chair
                  AB 270 (De La Torre) - As Amended:  April 15, 2009
           
          SUBJECT  :  Dependent children: termination of jurisdiction

           KEY ISSUE  :  IN ORDER TO HELP ENSURE THAT YOUTH EMANCIPATING OUT  
          OF THE FOSTER CARE SYSTEM HAVE DOCUMENTS NECESSARY FOR THEIR  
          FUTURE, SHOULD THE JUVENILE COURT BE REQUIRED TO CONTINUE  
          JURISDICTION OVER A YOUTH UNTIL THE REQUIRED DOCUMENTATION HAS  
          BEEN PROVIDED?

           FISCAL EFFECT  :  As currently in print this bill is keyed fiscal.

                                      SYNOPSIS
                                                              
          Each year, approximately 4,000-5,000 youth emancipate out of the  
          foster care system without a loving family to help guide and  
          support them.  This bill seeks to assist those youth by ensuring  
          that they are given such vital documents as Social Security  
          cards, birth certificates and health and education summaries  
          before they emancipate out of the foster care system.  Courts  
          currently have authority to retain jurisdiction over an  
          individual who has reached the age of majority while in foster  
          care but is under the age of 21.  Existing law flags in  
          particular that courts may retain jurisdiction over a non-minor  
          if the county welfare department has not verified its provision  
          of specific documents and services to the youth prior to the  
          hearing to terminate court jurisdiction.  Instead of authorizing   
          courts to retain jurisdiction in such a circumstance, this bill  
          would  require  courts to continue jurisdiction, unless the youth  
          does not wish to remain in foster care.  This bill passed out of  
          the Assembly Human Services Committee unanimously.  This bill is  
          supported by, among others, the Alliance for Children's Rights,  
          California Youth Connection, the Family Law Section of the State  
          Bar and Secretary of State Debra Bowen.  There is no known  
          opposition.  

           SUMMARY  :  Specifies additional responsibilities of the county  
          welfare department before a dependent child reaches the age of  
          18 or before a non-minor dependent exits foster care.  Requires  
          the juvenile court to continue jurisdiction over a non-minor  
          until specified requirements have been met.  Specifically,  this  








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          bill :  

          1)Requires the county welfare department, at either the court  
            hearing closest to and before a dependent child's 18th  
            birthday or the hearing to terminate the court's jurisdiction  
            over a dependent child who has reached the age of majority,  
            whichever is earlier, to verify in its report to the court  
            that specified information, services and documents have been  
            provided to the child.  

          2)Makes the following additions to the list of documents that  
            the county welfare department must verify to the court, at the  
            hearing before a dependent child turns 18 and at any hearing  
            to terminate jurisdiction over a non-minor dependent child,  
            that the department provided to the child:

             a)   The child's addresses of residency while under the  
               jurisdiction of the juvenile court (without indicating  
               information specific to any other resident of those  
               addresses); 
             b)   A voter registration form; and
             c)   If applicable, a United States Selective Service  
               registration form to assist the child in complying with  
               federal requirements.

          3)Makes the following additions to the list of information and  
            services that the county welfare department must verify to the  
            court, at the hearing before a dependent child turns 18 and at  
            any hearing to terminate jurisdiction over a non-minor  
            dependent child, that the department provided to the child:

             a)   Screening of the child for potential eligibility for the  
               Supplemental Security Income (SSI) program and filing of an  
               application if the child is likely to be eligible, as  
               required by other provisions of existing law; and
             b)   Ensuring that the child has received a consumer credit  
               report and any related referrals, as required by other  
               provisions of existing law.

          4)Requires the juvenile court to continue its jurisdiction over  
            a child who has reached the age of majority if it finds that  
            the county welfare department has not provided to the child  
            specified information, documents and services required by law.  
             Provides an exception if the non-minor does not wish to  
            remain a dependent of the court. 








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           EXISTING LAW  : 

          1)Provides that children may become dependent children of the  
            juvenile court and removed from their parents or guardian on  
            the basis of abuse or neglect.  (Welfare and Institutions Code  
            Section 300.  Unless otherwise stated, all further statutory  
            references are to that code.)  

          2)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.  (Section 303.)

          3)Specifies that Aid to Families with Dependent Children-Foster  
            Care (AFDC-FC) benefits shall be paid on behalf of any child  
            under the age of 18 who meets additional eligibility criteria.  
             Exempts from this age-based requirement foster children  
            between the ages of 18 and 19 who are pursuing specified  
            education-related goals.  (Sections 11401, 11403.)

          4)Requires the county welfare department, at any hearing to  
            terminate jurisdiction over a dependent child who has reached  
            the age of majority, to submit a report to the court verifying  
            that certain information, documents and services have been  
            provided to the child, including documents such as a social  
            security card, birth certificate and proof of citizenship and  
            assistance in obtaining health insurance, housing, employment  
            and financial aid for higher education.  (Section 11403.)

          5)Requires the county welfare department to screen every foster  
            youth who is nearing emancipation (between 16 and one-half and  
            17 and one-half years of age) for SSI eligibility and to  
            submit an SSI application if a youth is likely to be eligible  
            for those benefits.  Requires the county welfare department to  
            request a consumer credit disclosure on behalf of a youth who  
            reaches his 16th birthday while in foster care, and to make  
            specified referrals for counseling if appropriate.  (Sections  
            13757, 10618.6.)

          6)Authorizes the juvenile court to continue jurisdiction over a  
            child if the county has not met the above requirements and  
            ending jurisdiction would be harmful to the child's interests.  
             (Section 10618.6.)   









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           COMMENTS  :  Under existing law, the county welfare department  
          must verify to the court that it provided certain information,  
          documents and services to a foster youth who has reached the age  
          of majority while in foster care.  These requirements are  
          focused on essential documents and services that youth will need  
          in their adulthood (e.g., their social security card and  
          assistance in obtaining housing).  Among other changes, this  
          bill requires the county welfare department to provide its  
          verification at the earlier of the hearing right before the  
          youth's 18th birthday or the hearing to terminate the court's  
          jurisdiction over the youth.  

          According to the author:

               Currently, courts have the discretion to terminate  
               jurisdiction over a foster child without their receipt  
               of vital identification documents.  Without proper  
               documentation foster youth are left completely  
               unidentifiable, therefore much more vulnerable and  
               unable to secure employment.  AB 270 will strengthen  
               the court's role to ensure counties are providing all  
               required documentation to foster youth prior to the  
               court's termination of jurisdiction.

           Additional documents required by this bill  .  This bill would add  
          three new documents (a list of addresses, voter registration  
          form and Selective Service form) to the documents the county  
          welfare department must give a transition-aged foster youth.   
          While useful, the three documents that would be included by this  
          bill are not as directly related to the individual's needs upon  
          emancipation as those included in existing law, such as a Social  
          Security card, driver's license and original birth certificate.   
          No concern has been raised regarding these additional documents.
           
          The initial requirements regarding essential documents, services  
          and information for youth exiting foster care was created by AB  
          686 (Aroner), Chap. 911, Stats. 2000.  The most recent additions  
          were created by AB 2310 (Maze), Chap. 131, Stats. 2008.  

           Continuation of court jurisdiction if documents and services are  
          not verified  .  Courts currently have authority to retain  
          jurisdiction over an individual who reached the age of majority  
          while in foster care but is under the age of 21.  Existing law  
          flags in particular that courts may retain jurisdiction over a  
          non-minor if the county welfare department has not verified its  








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          provision of specific documents and services to the youth prior  
          to the hearing to terminate court jurisdiction.  Instead of  
           authorizing  courts to retain jurisdiction in such a  
          circumstance, this bill would  require  courts to continue  
          jurisdiction (unless the youth does not wish to remain in foster  
          care).

          Similar to this bill, SB 1148 (Cedillo, 2008) would have  
          required courts to retain jurisdiction over dependent children  
          who reached the age of majority without verification that the  
          youth had housing, health insurance, and employment or other  
          financial support.  SB 1148 was held by the Senate  
          Appropriations Committee.  

          While supporting the bill in concept, the County Welfare  
          Directors Association raises concerns about the requirement that  
          courts retain jurisdiction:  

               In addition to being a potentially costly requirement,  
               depending on the percentage of youth who do not have  
               every document in hand upon emancipating, we question  
               whether the provision is necessary or even advisable.   
               The courts already have a means to continue  
               jurisdiction in those cases where it is appropriate to  
               do so, and both the youth and his or her attorney may  
               comment on whether they feel this should be done.  AB  
               270 would automatically extend jurisdiction in every  
               case - regardless of the facts of that case, the  
               situation of the individual youth, the commitment and  
               effort on the part of the child's social worker,  
               and/or the particular documents or information that  
               have not been provided.

           Related policy issues and recent federal law changes surrounding  
          the termination of court jurisdiction over youth between the  
          ages of 18 and 21  :  Although existing law allows courts in  
          California to retain jurisdiction over foster youth until the  
          age of 21, it is important to note that, 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.  Under new federal law -- the Fostering Connections to  
          Success and Increasing Adoptions Act of 2008 (P.L. 110-351)  








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          (Fostering Connections Act) -- federal matching funds will  
          become available as of October 1, 2010 for states that opt to  
          provide specified foster care services until eligible youth  
          reach the age of 21.  Several bills introduced this session  
          include provisions to implement various sections of the federal  
          Fostering Connections Act.  Most relevant to this bill is AB 12  
          (Beall and Bass), which would opt California in to drawing down  
          these new federal funds and supporting foster youth between the  
          ages of 18 and 21.  

           ARGUMENTS IN SUPPORT  :  Exemplifying the need for the bill, the  
          Alliance for Children's Rights tells the story of a foster youth  
          who emancipated out of care without even a birth certificate.   
          As a result, the youth "could not obtain financial aid to attend  
          community college, or even enroll for that matter.  Today he is  
          working at a car wash while waiting for a birth certificate  
          ordered from Sacramento - a process that could take many  
          months."

          Also in support, the Family Law Section of the State Bar writes  
          that "it is in the best interest of dependent children coming  
          from under the jurisdiction of the Juvenile Court to not become  
          homeless teenagers, but to be provided, at least, minimum  
          information, assistance and opportunities to become  
          self-supporting."

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Alliance for Children's Rights
          American Federation of State, County and Municipal Employees  
          (AFSCME)
          California Youth Connection
          County Welfare Directors Association of California (in concept)
          Family Law Section, State Bar of California
          Secretary of State Debra Bowen
          Women of Substance and Men of Honor

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Leora Gershenzon / JUD. / (916)  
          319-2334  








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