BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   SB 945|
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                              UNFINISHED BUSINESS


          Bill No:  SB 945
          Author:   Liu (D), et al
          Amended:  8/24/10
          Vote:     21

           
           SENATE HUMAN SERVICES COMMITTEE  :  4-0, 4/13/10
          AYES:  Liu, Romero, Runner, Yee
          NO VOTE RECORDED:  Maldonado

           SENATE PUBLIC SAFETY COMMITTEE  :  7-0, 4/20/10
          AYES:  Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,  
            Wright

           SENATE APPROPRIATIONS COMMITTEE  :  9-0, 5/3/10
          AYES:  Kehoe, Cox, Corbett, Leno, Price, Walters, Wolk,  
            Wyland, Yee
          NO VOTE RECORDED:  Alquist, Denham

           SENATE FLOOR  :  30-0, 5/10/10
          AYES:  Aanestad, Alquist, Ashburn, Calderon, Cedillo,  
            Cogdill, Correa, Cox, DeSaulnier, Ducheny, Florez,  
            Hancock, Hollingsworth, Huff, Kehoe, Leno, Lowenthal,  
            Negrete McLeod, Padilla, Pavley, Price, Romero, Runner,  
            Simitian, Steinberg, Walters, Wolk, Wright, Wyland, Yee
          NO VOTE RECORDED:  Corbett, Denham, Dutton, Harman, Liu,  
            Oropeza, Strickland, Wiggins, Vacancy, Vacancy

           ASSEMBLY FLOOR  :  Not available


           SUBJECT  :    Juvenile court jurisdiction:  services and  
          benefits
                                                           CONTINUED





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           SOURCE  :     Childrens Advocacy Institute


           DIGEST  :    This bill requires probation and parole officers  
          to provide wards of the court formerly in foster care with  
          notification regarding their eligibility for services and  
          benefits available for former foster youth when the court  
          terminates jurisdiction, or upon release of a ward from a  
          non-foster care facility.  This bill also contains language  
          to avoid chaptering-out issues with AB 12 (Beall) and SB  
          1353 (Wright).

          Assembly Amendments (1) delete references to dual status  
          foster children, make clarifying changes in the findings,  
          and declarations, and (2) correct redundant sections of the  
          Welfare and Institutions Code, and make technical clean-up  
          changes related to chaptering amendments from SB 118 (Liu)  
          Chapter 338, Statutes of 2009.

           ANALYSIS  :    

          Existing law:

          1. Provides that a minor may be adjudged a dependent child  
             or a ward of the juvenile court under specified  
             circumstances.

          2. Authorizes the court to place a minor who has been  
             removed from the custody of his or her parent or  
             guardian in foster care, among other placements.

          3. Provides for the termination of the juvenile court  
             jurisdiction when the minor reaches a specified age.

          4. Authorizes the Department of Social Services (DSS) to  
             develop statewide standards for the implementation and  
             administration of the Independent Living Program.

          5. Establishes that a case plan, which is required to be  
             adopted by the county for each child receiving child  
             welfare services, is the foundation and central unifying  
             tool in child welfare services.








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          6. Requires that a case plan include information about a  
             parent's incarceration in a jail or prison during the  
             time that a minor child of that parent is involved in  
             dependency care.

           Existing Regulations
           
          1. Specifies eligibility requirements for the Independent  
             Living Program, and require county social workers and  
             probation officers to determine eligibility for the  
             program in conjunction with the preparation of a  
             Transitional Independent Living Plan.

          2. Requires county social workers and probation officers to  
             ensure that foster or probation youth are given  
             appropriate information about the opportunity to  
             participate in the Independent Living Program.4.

          This bill clarifies 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.  This bill does not change existing eligibility  
          for independent living program services or other services  
          provided to former foster youth.  

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

          According to the Assembly Appropriations Committee, minimal  
          reimbursable local costs, likely less than $50,000, for the  
          workload associated with probation officers providing wards  
          the required information and assistance.

           SUPPORT  :   (Verified  8/26/10)

          Children's Advocacy Institute (source)
          Aspiranet
          California PTA
          Family Law Section, State Bar of California
          Los Angeles County District Attorney
          Public Counsel Law Center







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           ARGUMENTS IN SUPPORT  :    The author's office believes that  
          the bill will result in youth learning about and using  
          supportive services that may mitigate or reduce their  
          current risk of limited academic achievement and of  
          continued encounters with the criminal justice system.  The  
          author's office states:

             Each year in California more than 4,000 foster  
             children turn 18 and exit the system.  These youth  
             face significant challenges in their transition to  
             adulthood and are not faring well as other young  
             adults. . . .   

             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, called "dual status youth," are unable to  
             access services because they cannot prove their status  
             as a former foster youth.  Dual status youth are  
             foster youth who have been under the jurisdiction of  
             both the dependency courts to the juvenile delinquency  
             court system.  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. 

             While there is no specific provision of California law  
             that terminates a dual status youth's eligibility for  
             transitional living services there is no process to  
             ensure that these children receive proof of their  
             history in the foster care system.  Foster youth who  
             are moved to the delinquency court system frequently  
             do not return to their dependency status after  
             satisfying their court-ordered detention or treatment  
             due to the lack of placement availabilities. 








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             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.

             SB 945 would ensure that upon the release of a ward  
             from a nonfoster care facility, a probation officer or  
             parole officer will provide the person with: 

             A written notice stating that the youth is a former  
             foster child and may be eligible for the services and  
             benefits that are available to a former foster child  
             through public and private programs.
             Information that informs the youth of the availability  
             of federal and state programs that provide independent  
             living services and benefits to former foster  
             children.


          CTW:do  8/26/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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