BILL ANALYSIS AB 270 Page 1 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 AB 270 Page 2 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. AB 270 Page 3 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.) AB 270 Page 4 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 AB 270 Page 5 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) AB 270 Page 6 (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 AB 270 Page 7