BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 654
                                                                  Page  1

          Date of Hearing:   August 4, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    SB 654 (Leno) - As Amended:  January 5, 2010 

          Policy Committee:                              Human  
          ServicesVote:6 - 0 

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill extends eligibility for Independent Living Program  
          (ILP) services to former foster youth who were placed with  
          non-related legal guardians (NRLGs) whose guardianship was  
          ordered on or after the child's eighth birthday.

           FISCAL EFFECT  

          1)The funding for ILP is a relatively stable amount ($35 million  
            proposed for 2010-11) and is not sufficient to provide  
            services for all of the eligible foster youth.  Adding  
            additional eligible youth to the ILP caseload does not  
            guarantee counties will be able to provide services for them.  
            Alternately, counties may decide to provide fewer services,  
            thus allowing their funding to stretch farther to cover more  
            eligible youth. 

          2)If the funding were to increase proportionally to account for  
            the new eligible youth, it would likely cost approximately  
            $300,000 (GF).

          3)Anecdotal evidence suggests that some non-related foster  
            parents are reluctant to assume guardianship of their older  
            foster children because that would make them ineligible for  
            ILP services.  Therefore, to the extent that this bill causes  
            some foster parents to assume legal guardianship, it would  
            save approximately $3,500 per year, per child, in child  
            welfare services and court room costs.

           COMMENTS  









                                                                  SB 654
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          1)Rationale  . This bill is intended to insure that foster youth  
            who achieve permanency in their families through legal  
            guardianship have access to ILP services as they prepare to  
            move into adulthood. 

            According to the author, four years ago, the California  
            Department of Social Services reinterpreted eligibility for  
            federal ILP (Independent Living Program) services to exclude  
            foster youth placed with non-related guardians.  This  
            exclusion left a specific population of foster youth without  
            access to the benefit of ILP services, despite the fact they  
            remain in state-funded foster care placements, are linked to  
            the child welfare system, and previously received ILP  
            services.  It is important to note that foster youth placed  
            with non-related legal guardians are the only group of foster  
            youth precluded from participating in ILP.

           2)Background  . ILP services for foster youth vary greatly by  
            county. Among the services provided are transitional housing,  
            textbooks for community college students, job placement  
            assistance, supplies for setting up apartments, cooking and  
            housekeeping classes.

              a)   Independent Living Program  . The Department of Social  
               Services has estimates it will receive approximately $20  
               million in federal funding for providing ILP services to  
               foster youth and former foster youth. The federal  
               government allows the state to use these funds to help  
               facilitate the transition for foster youth who will  
               emancipate from the program without an adoptive parent or  
               guardian. The funds can be used for youth between the ages  
               of 16 and 21, or in cases where 14 and 15-year-olds are  
               determined likely to emancipate from foster care. Federal  
               funding, however, is insufficient to provide services for  
               all eligible foster youth. 

              b)   Extended ILP . SB 933 (Chapter 311, Statutes of 1998)  
               implemented the extended portion of ILP, which increases  
               the funding in an attempt to allow most eligible foster  
               youth to receive ILP services. The governor's proposed  
               budget for 2010-11 proposes $15 million (GF) for extended  
               ILP services. 

           3)Related Legislation .  In 2008, AB 2399 (Portantino) was  
            substantially similar to this bill but extended ILP to all  








                                                                  SB 654
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            youth placed with nonrelative legal guardians.  That bill was  
            held by the Senate Appropriations Committee.

            In 2006, AB 2194 (Bass) would provide eligibility for the  
            Independent Living Program (ILP) to wards of non-related legal  
            guardians (NRLGs) that receive permanent placement services  
            and to former foster youth that were adopted at the age of 14  
            or older. That bill was held by the Senate Appropriations  
            Committee.

           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916)  
          319-2081