BILL ANALYSIS Ó AB 791 Page 1 Date of Hearing: April 5, 2011 ASSEMBLY COMMITTEE ON JUDICIARY Mike Feuer, Chair AB 791 (Ammiano) - As Amended: March 30, 2011 SUBJECT : Dependent children: BIRTH CERTIFICATES KEY ISSUE : IN ORDER TO HELP ENSURE THAT FOSTER CHILDREN HAVE NECESSARY IDENTITY DOCUMENTS, SHOULD THE JUVENILE COURT BE REQUIRED to order that foster YOUTH AND THEIR CAREGIVERS be given a copy of the birth CERTIFICATE WHENEVER REUNIFICATION SERVICES WITH THE PARENTS CEASE? FISCAL EFFECT : As currently in print this bill is keyed non-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. Often, they also emancipate without proper records, including an accurate birth certificate. A birth certificate is also necessary before emancipation, required to sign up for school or certain extracurricular activities. This bill, sponsored by the California Foster Care Ombudsman Office, seeks to ensure that both foster youth and their caregivers have a copy of their birth certificate. Existing law already requires that caregivers and older youth receive copies of the birth certificate. This bill seeks to ensure this actually happens by requiring the court to order that it does when either reunification services for the parents are not ordered or, if ordered, terminate. SUMMARY : Specifies that the court shall order caregivers and foster children to receive copies of the foster children's birth certificate, as specified. Specifically, this bill requires that whenever a dependency court determines that it will not order reunification services or terminates such services, it shall order that (1) the child's caregiver receive the child's birth certificate in compliance with Welfare and Institutions Code Sections 16010.4 and 16010.5, and (2) when appropriate, the child, if the child is 16 years or older, receive his or her birth certificate. AB 791 Page 2 EXISTING LAW : 1)Provides that a child may become a dependent of the juvenile court and removed from his or her 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)Declares the intent of the Legislature that caregivers have certain basic information in order to provide for the needs of children placed in their care, including a copy of the child's birth certificate, passport, or other identifying documentation of age as may be required for enrollment in school and extracurricular activities. (Sections 16010.4(e).) 3)As soon as possible after placing a child into foster care, and no later than 30 days after placing the child, requires the placing agency to provide to the child's caregiver any available documentation or proof of the child's age that may be required for enrollment in school or activities that require proof of age. Within 30 days of receiving a copy of a child's birth certificate or passport, requires the placing agency to provide a copy of that document to the child's caregiver. (Section 16010.5.) 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.) COMMENTS : 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. Often, they also emancipate without proper records, including an accurate birth certificate. A birth certificate is also necessary before emancipation, required to sign up for school or certain extracurricular activities. This bill, sponsored by the California Foster Care Ombudsman Office, seeks to ensure that both foster youth and their caregivers have a copy of the birth certificate. Existing law already requires that caregivers and older youth receive copies of the birth certificate. This bill seeks to ensure this AB 791 Page 3 actually happens by requiring the court to order that it does when either reunification services for the parents are not ordered or, if ordered, terminate. According to the author: Currently, there are many foster youth who age out of the child welfare system and are not provided with their correct and certified birth certificate. Additionally, while in the child welfare system, caregivers of foster youth are not being provided birth certificates making it difficult to sign foster youth up for educational and extracurricular activities. Despite law mandating otherwise, many foster youth and their caregivers are not receiving a copy of the youth's certified birth certificate, making it especially difficult if the youth is emancipating out of the child welfare system. . . . Although the law says that caregivers and youth must be provided a copy of their birth certificate, further clarification is needed as to when and who is responsible for obtaining the birth certificate. AB 791 would clarify existing law by initiating the process of obtaining and providing a foster youth's birth certificate when the court denies the order for reunification services or orders the termination of reunification services for a foster youth. 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 provision of specific documents, including the birth certificate, and services to the youth prior to the hearing to terminate court jurisdiction. However, it is far better to get the vital records to foster youth before they emancipate, rather than retaining jurisdiction over the youth simply to provide his or her birth certificate. This bill seeks to ensure that children and their caregivers have copies of a critical vital record . Existing law requires AB 791 Page 4 that foster youth receive a copy of their birth certificate before they emancipate. Their caregivers are required to receive proof of age within 30 days of placement and a copy of the birth certificate within 30 days of when the child welfare agency receives it. Proof of age is critical for enrollment in school and participation in various extracurricular activities, such as sports activities. In addition to the other requirements, this bill requires the court to order that the child's caregiver be given a copy of the birth certificate when reunification services for the parents either terminate or are not ordered in the first place. At this point, it is highly unlikely that the child will reunite with his or her parents and it is, therefore, an appropriate time to ensure that the caregiver has a copy of this vital record. In addition, the bill requires the court to order that if the foster youth is 16 or older, he or she be provided with a copy of the birth certificate, when appropriate. These requirements will help make it more likely that foster youth can be signed up for school and other activities and will have their birth certificates when they emancipate. Previous Legislation : The initial requirements regarding essential documents, services and information for youth exiting foster care were created by AB 686 (Aroner), Chap. 911, Stats. 2000. The most recent additions to the requirements were created by AB 2310 (Maze), Chap. 131, Stats. 2008. REGISTERED SUPPORT / OPPOSITION : Support None on file Opposition None on file Analysis Prepared by : Leora Gershenzon / JUD. / (916) 319-2334 AB 791 Page 5