BILL ANALYSIS Ó
AB 1712
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ASSEMBLY THIRD READING
AB 1712 (Beall)
As Amended May 25, 2012
2/3 vote. Urgency
HUMAN SERVICES 5-0 APPROPRIATIONS 12-0
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|Ayes:|Beall, Ammiano, Grove, |Ayes:|Fuentes, Blumenfield, |
| |Hall, Portantino | |Bradford, Charles |
| | | |Calderon, Campos, Davis, |
| | | |Gatto, Ammiano, Hill, |
| | | |Lara, Mitchell, Solorio |
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SUMMARY : Makes various technical and clarifying changes to the
California Fostering Connections to Success Act of 2010 (AB 12).
Specifically, this bill:
1)Makes the nonminor dependents or youth participating in AB 12
(Beall and Bass), Chapter 559, Statutes of 2010, eligible for
the court-appointed special advocate (CASA) program so that
volunteer CASAs can provide designated services and support to
youth under the jurisdiction of the juvenile court.
2)Allows 18 year-olds currently receiving extended AB 12 foster
youth services who turn 19 in the current calendar year to
continue to receive those services.
3)Exempts a parenting youth from referral by the county child
welfare department to the local child support agency for the
payment of child support while in foster care.
4)Clarifies that the social worker or probation officer should
give notice of review hearings in dependency proceedings to
nonminor dependents and any known siblings.
5)Includes Transitional Housing Program Plus - Foster Care
(THP-Plus FC) within the definition of a community care
facility for purposes of the Community Care Facilities Act.
6)Transfers the approval of THP-Plus FC providers serving
nonminor dependents from the counties to the State Department
of Social Services (DSS).
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7)Declares this an urgency measure to take effect immediately
upon signature of the Governor.
8)See Assembly Human Services Committee analysis for more
information on this measure.
EXISTING LAW :
1)Establishes the California Fostering Connections to Success
Act of 2010 (AB 12) which, among other provisions:
a) Provides a voluntary program for youth who meet
specified work and education participation criteria 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; and,
b) Conforms to federal revisions to the Kin-GAP program in
order to allow for federal financial participation in the
program.
2)Defines a "nonminor dependent" as, on or after January 1,
2012, a current or former foster child between the ages of 18
and 21 who is in foster care under the responsibility of the
county welfare department, county probation department, or
Indian Tribe and is participating in a transitional
independent living plan.
3)Provides that a nonminor ages 18-21 shall continue to receive
foster care assistance under certain conditions, including
that the nonminor is otherwise eligible for Aid to Families
with Dependent Children - Foster Care (AFDC-FC) benefits, has
signed a mutual agreement, and when one or more of the
following conditions exist:
a) The nonminor is working toward their high school
education or an equivalent credential;
b) The nonminor is enrolled in a postsecondary institution
or vocational education program;
c) The nonminor is participating in a program or activity
designed to promote, or remove barriers to employment;
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d) The nonminor is employed for at least 80 hours per
month; or,
e) The nonminor is incapable of doing any of the activities
described in a) through d) above, due to a medical
condition, and that incapability is supported by regularly
updated information in the case plan of the nonminor.
4)See Assembly Human Services Committee analysis for more
information on existing law.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Costs for removing the phase-in for 19-year olds already in
extended foster care will be approximately $1.6 million ($1.1
million General Fund (GF)) in 2012-13 and $260,000 ($175,000
GF) in 2013-14 for the administrative and grant costs
associated with allowing the youth to remain in care.
2)GF savings of over $1 million in 2012-13, growing to over $15
million by 2016-17 due to the increased federal financial
participation associated with expanding the definition of
"kin" and allowing more families to move from non-related
legal guardian status (NRLG) to the kinship guardianship
program.
3)Up to $200,000 ($68,000 GF) per year in administrative savings
in the child welfare program for every 25 non-minor dependents
who leave the child welfare system through adult adoption or
tribal customary adoption.
NOTE: Amendments taken in the Assembly Appropriations Committee
substantially reduce the costs associated with paragraph one
above regarding the removal of the phase-in for 19-year olds.
Specifically, the amendments limit extended AB 12 foster youth
services eligibility to 18-year olds who turn 19 in the 2012
calendar year and were previously receiving those services,
rather than all otherwise former foster youth who are 19 years
of age in 2012.
COMMENTS :
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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 into two provisions of the federal Fostering Connections
to Success and Increasing Adoptions Act of 2008 (Fostering
Connections Act) (P.L. 110-351). Specifically, AB 12:
1)Re-enacted California's existing state and county-funded
Kin-GAP program to align it with new federal requirements and
allow the state to bring federal financial participation into
our kinship guardian assistance program for the first time;
and,
2)Provides transitional foster care support to qualifying foster
youth ages 18 to 21, phased-in over three years, beginning in
2012.
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 create a case plan alongside their case worker tailored to
their individual needs, which charts the course towards
independence through incremental levels of responsibility. It
is a voluntary program grounded in evidence of how the option of
continued support to age 21 can counter the dismal outcomes
faced by youth who are forced to leave the foster care system at
age 18, including high rates of homelessness, incarceration,
reliance on public assistance, teen pregnancy, and low rates of
high school and postsecondary graduation.
In order to be eligible to continue foster care benefits up to
age 21, a nonminor dependent youth must: continue under the
jurisdiction of the juvenile court; sign a mutual agreement
which commits both the nonminor and the placing agency to
certain responsibilities; reside in an approved, supervised
placement; work alongside their caseworker to prepare and
participate in their transitional independent living case plan;
and have their status reviewed every six months.
Need for this bill : According to the author, as AB 12 and its
follow-up measure AB 212 (Beall), Chapter 459, Statutes of 2011,
have been reviewed and assessed for implementation by various
stakeholders following enactment, requests for needed clarifying
and technical changes have emerged. As implementation has
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commenced and additional federal guidance has been received, the
need for subsequent legislation has become clear and thus the
need for this bill.
As AB 12 was initially enacted, it authorized the county to
review and approve transitional housing program providers as an
initial step in making available placements and services for
youth. An urgency clause is necessary so that the transfer of
the THP-Plus FC program to Community Care Licensing Division
(CCLD) can be implemented as quickly as possible so these
critical placements can be made available to youth and to avoid
the numerous obstacles counties have in attempting to perform
the approval.
Support : The California Coalition for Youth writes that about
"80,000-95,000 homeless youth are currently living on the
streets of California and about 60% of youth being served are
either self-emancipating from a foster home or have been prior
to this year aging out of the foster care system at eighteen
without shelter. The bill will treat the THP-Plus Foster Care
program as the State treats other residential care facilities
and will promote consistency across the state for providers,
without having each county potentially develop different
requirements."
The County Welfare Directors Association (CWDA) writes that
"Ýe]nsuring that AB 12 is properly implemented and that the
affected youth have an opportunity to succeed in life is high on
the list of priorities for our organization's membership. For
these reasons CWDA is pleased to be a CO-SPONSOR" of AB 1712."
Aspiranet writes that this bill "provides clarification over
inter-county transfers, allowance for adult adoptions of
nonminor dependents, their rights to their records and other
issues that have arisen as the state implements the extension of
foster care. Most foster youth leaving the system do not have a
good support system that would prevent them from becoming
homeless or entering the criminal justice system, which further
costs the state. We need to give them the best opportunity to
succeed."
Analysis Prepared by : Chris Reefe / HUM. S. / (916) 319-2089
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