BILL ANALYSIS Ó
AB 212
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CONCURRENCE IN SENATE AMENDMENTS
AB 212 (Beall)
As Amended August 30, 2011
2/3 vote. Urgency
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|ASSEMBLY: |75-0 |(May 26, 2011) |SENATE: |37-1 |(August 31, |
| | | | | |2011) |
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Original Committee Reference: HUM. S.
SUMMARY : Makes various federal compliance, technical and
clarifying changes to the California Fostering Connections to
Success Act of 2010 (AB 12 (Beall and Bass), Chapter 559,
Statutes of 2010).
The Senate amendments:
1)Replaces, pursuant to recent federal guidance, the "trial
independence" reentry provisions with "voluntary re-entry
placement agreement," which provides former foster youth who
opt out of extended foster care with the option of reentering
foster care by signing a voluntary placement agreement as his
or her own guardian.
2)Adjust the way wards can opt in to foster care beyond their
18th birthday without having to prolong their delinquent
status.
3)Correct a drafting error to restore the transitional housing
placement program to one serving only minors (or high school
students up to age 19).
4)Clarify that participation in activities meant to address a
medical condition does not disqualify an individual from a
group home placement after age 19 if that placement is
warranted by the youth's condition.
5)Provide the authorization for counties to request, and the
California Department of Justice (DOJ) to process and release
criminal background information needed to approve Transitional
Housing Program (THP)-Plus Foster Care providers in compliance
with state and federal law.
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6)Require, to conform to federal law, reimbursement to relative
guardians for reasonable and verified nonrecurring expenses
incurred by relative guardians for guardianships are
established after January 1, 2012.
7)Update state statutes in compliance with federal law,
including conforming requirements of the federal Family
Preservation and Support Program with those of the federal
Promoting Safe and Stable Families fund.
8)Add an urgency clause to ensure timely and accurate guidance
to child welfare agencies, probation departments, and tribal
governments for the implementation of provisions of the
California Fostering Connections to Success Act necessary for
initial implementation on January 1, 2012.
9)Add double-jointing language to avoid chaptering out issues
with AB 717 (Ammiano) of 2011 and AB 735 (Mitchell) of 2011.
EXISTING LAW
1)Establishes the California Fostering Connections to Success
Act of 2010 which, among other provisions:
a) Provides for the extension of transitional foster care
to eligible youth up to age 19 in 2012, age 20 in 2013, and
upon appropriation by the Legislature, age 21 in 2014 as a
voluntary program for youth who meet specified work and
education participation criteria; and,
b) Requires changes to the Kin-GAP program in order to
allow for federal financial participation in the program.
AS PASSED BY THE ASSEMBLY , this bill included various technical
and clarifying clean-up provisions to the California Fostering
Connections Act of 2010, including, among other provisions: an
exemption for parents of adult foster youth from referral to the
county for child support payments; the option of a telephonic
appearance by nonminor dependents in court hearings; and,
restoration of the high school completion rule for youth
ineligible for extended foster care due to placement with a
relative guardian prior to age 16.
FISCAL EFFECT : According to the Senate Appropriations
Committee:
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Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13
2013-14 Fund
Reimbursement of Kin-GAP Up to $1,300
annuallyGeneral
non-recurring expenses
Reentry agreement Unknown;
potentially significant state- General
provisions/written protocols reimbursable costs
THP-Plus FC provider Costs to DOJ
fully funded by fees; Special*
background checks
potentially significant state-reimbursable
Fed/General
costs for new process
Restoration of high school Minor
costs; approximately $16 annually General
completion rule for Kin-GAP
Expanded abuse/neglect
Non-reimbursable local law enforcement Local
reporting requirementscosts offset to a degree by fine revenue
*Fingerprint Fund Account
COMMENTS :
California Fostering Connections to Success Act of 2010: AB 12
(Beall and Bass) Chapter 559, Statutes of 2010, was a landmark
piece of child welfare legislation in California opting the
state in to two provisions of the federal Fostering Connections
to Success and Increasing Adoptions Act of 2008 (Fostering
Connections Act) (P.L. 110-351). The goal of AB 12 is to assist
foster youth, or "nonminor dependents" as they are referred to
in statute, in their transition to adulthood by providing them
with the opportunity to remain in foster care while they works
or pursue educational goals with exceptions for youth with
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disabilities that prohibit them from working or going to school.
Too often foster youth who are forced to leave the foster care
system at age 18 experience high rates of homelessness,
incarceration, reliance on public assistance, teen pregnancy,
and low rates of high school and postsecondary graduation. AB
12 established a voluntary program grounded in evidence that
conclusively demonstrates how the option of continued support to
age 21 can counter the dismal outcomes faced by former foster
youth.
Need for this bill: This bill is intended as the clean-up to AB
12. According to the author, as AB 12 has been reviewed and
assessed for implementation by stakeholders following enactment,
requests for needed clarifying and technical changes have
emerged. This bill also includes various changes to state law
needed for compliance with federal law, unrelated to AB 12 of
2010.
Analysis Prepared by : Michelle Doty Cabrera / HUM. S. / (916)
319-2089
FN: 0002316