BILL ANALYSIS SB 945 Page 1 Date of Hearing: June 15, 2010 ASSEMBLY COMMITTEE ON HUMAN SERVICES Jim Beall, Jr., Chair SB 945 (Liu) - As Amended: March 8, 2010 SENATE VOTE : 30-0 SUBJECT : Juvenile court jurisdiction: services and benefits SUMMARY : Requires a probation or parole officer, depending on jurisdiction, to provide wards formerly in foster care, or with dependent status, with notification regarding their eligibility for services and benefits provided to former foster youth when the court terminates jurisdiction, or upon release of a ward from a non-foster care facility. Specifically, this bill : 1)Makes various findings and declarations regarding the barriers to success for dual status children who age out of the juvenile justice system. 2)Requires that, whenever the juvenile court terminates jurisdiction and releases a ward from any facility other than a foster care facility, the probation or parole officer must provide the youth with both: a) A written notice stating the person's status as a former foster youth, and that person's possible eligibility for services and benefits provided by public and private programs, including independent living program (ILP) services, and, b) Information regarding, and assistance with applying for state and federal ILP services the person may be eligible to receive. 3)Specifies that this section applies to any ward previously adjudged a dependent child pursuant to Welfare and Institutions Code (WIC) Section 300, or a child placed in foster care pursuant to WIC Section 727. 4)Provides that should the Commission on State Mandates determine costs mandated by the state, reimbursement to local agencies and school districts shall be made. SB 945 Page 2 EXISTING LAW 1)Provides that the juvenile court may establish jurisdiction over an abused or neglected child as a dependent of the juvenile court. WIC 300. 2)Provides that the juvenile court may adjudge a child who has committed criminal acts, or who is habitually disobedient or truant, a ward of the court. WIC 601, 602. 3)Establishes a process whereby the juvenile court determines the appropriate status designation for a child when he or she appears to come within the description of both ward and dependent status, with an agreed upon recommendation submitted to the juvenile court by the county probation department and child welfare services on which status will serve the best interests of the child and the protection of society. WIC 241.1. 4)Authorizes the county probation department and child welfare services department in consultation with the juvenile court, to develop protocols for designating a child or youth who is both a ward and dependent of the juvenile court a "dual status" child. WIC 241.1. 5)Federal law establishes the Independent Living Program (ILP) which allows states to apply for grants to provide assistance to former foster youth 18 to 21 years of age with their efforts to achieve self-sufficiency and to prepare them with making a transition from adolescence to adulthood. 42 U.S.C. 677. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes According to the Senate Appropriations Committee analysis: Fiscal Impact (in thousands) Major Provisions 2010-11 2011-12 2012-13Fund State mandate: Likely minor, potentially reimbursable General County probation costs SB 945 Page 3 Independent Living Likely very minor cost pressure General/Federal Program (ILP) COMMENTS : Need for this bill: According to the author: Our state has created a number of new policies to assist foster youth. As a result, foster youth who age out of the system at 18 can access a variety of assistance and counseling programs. These programs help with housing, college planning and financing, and job and financial counseling. Unfortunately, a segment of the foster youth population?are unable to access services because they cannot prove their status as a former foster youth?When these children emancipate from the juvenile delinquency court status, rather than from dependency court status, they are effectively denied access to private and non-profit programs designed to assist former foster youth? These youth fall between the cracks because foster care programs identify transitional youth based on their residency. Young people who are wards of the court (housed in juvenile court or treatment facilities) do not reside in homes reserved specifically for foster youth and therefore not able to prove their status as a foster youth. Although probation officers who oversee wards for the court are expected to advise and assist their wards with access to transitional living services, there is no clear process for the probation officers to follow to assist this population. In fact, counties, including county probation officers, were already directed to provide a foster youth "proof of dependency/wardship document" to all emancipating foster youth to assist them with applying for financial aid and other resources. The protocols were set forth in an All County Letter SB 945 Page 4 (ACL 05-32, November 2, 2005), which clearly outline the responsibility to ensure this documentation is provided to all dependents and wards upon termination of the court's jurisdiction. This bill would clarify that probation and parole officers are required to provide wards exiting from a juvenile justice detention facility with documentation of their status as former foster youth, and to inform them about their eligibility for services and benefits available to former foster youth to assist them with their transition to adulthood. The "dual status" designation for foster youth is not common in California. To date, 9 counties (Colusa, Inyo, Modoc, Placer, Riverside, San Joaquin, Siskyou, Sonoma and Stanislaus) have developed protocols to assign dual status designations to foster youth with concurrent ward and dependent status. The majority of foster youth who fall under both are adjudged either dependents or wards, based on a recommendation made to the juvenile court by the county probation and child welfare services departments. This bill would specifically address that population of youth adjudged wards who were at some point dependents of the juvenile court. Given the existing processes for determining their status, wards likely are not aware that they are considered former foster youth and entitled under current law to a variety of public and private services and supports. This bill would not change existing eligibility for ILP services or other services provided to former foster youth. Support: Public Counsel Law Center writes in support of this bill: Under current law, emancipating foster youth are entitled to transitional services and to assistance from the youth's Probation Officers or County Social Workers in obtaining access to such services. Unfortunately, a segment of this population is frequently forgotten. More specifically, this segment consists of former foster youth who enter the juvenile delinquency system and either are placed in non-foster care placements or remain in the juvenile halls until they reach their 18th birthday. As a consequence, SB 945 Page 5 these youth do not receive information and access to transitional programs, which they are currently entitled to receive and would have received had they been properly identified as former foster youth. The Los Angeles County District Attorney's Office notes that providing foster or former foster youth with paperwork to assist them in obtaining services upon termination of the juvenile court jurisdiction over the ward will help with reducing adult and juvenile recidivism. Comments and Questions: The Executive Committee of the Family Law Section of the State Bar of California (FLEXCOM) recommends clarifying the proposed language of this bill in their letter of support. According to FLEXCOM, the current language specifies that all wards formerly adjudged dependent children would receive the letter, but not all dependent children are "former foster children." As such, FLEXCOM proposes revising WIC Section 607.5(b) as follows to avoid potential confusion: This section shall apply to any ward who was previously adjudged a dependent child of the court pursuant to Section 300 and placed in foster care , or any ward who at any time has been placed in foster care pursuant to Section 727. What is the status of the recommended amendment? Prior and related legislation: This bill is virtually identical to SB 921 (Jones) of 2009 which passed through the Legislature unanimously, but was vetoed by Governor Schwarzenegger with the following veto message: This bill would require county probation officers and parole officers to ensure that minors under the jurisdiction of the juvenile court be provided with written notification of services and benefits they may be eligible for upon termination of court jurisdiction. This bill also would require probation officers and parole SB 945 Page 6 officers to provide assistance in obtaining those services and benefits. This bill would create local mandated costs attributable to the requirement that county probation officers provide specified information and assistance to juvenile wards of the court. Given the state's severe economic climate and the social services reductions being implemented, it is not prudent to expand requirements imposed on state and local governmental programs. AB 129 (Cohn) Chapter 468, Statutes of 2004 allowed counties to establish "dual status" for children and youth under both the child welfare and juvenile justice jurisdictions. REGISTERED SUPPORT / OPPOSITION : Support Children's Advocacy Institute (sponsor) Aspiranet California State PTA Children's Law Center of Los Angeles Chief Probation Officers of CA Family Law Section of the State Bar Los Angeles County District Attorney's Office Public Counsel Law Center Opposition None on file. Analysis Prepared by : Michelle Doty Cabrera / HUM. S. / (916) 319-2089