BILL ANALYSIS �
SENATE HUMAN
SERVICES COMMITTEE
Senator Leland Y. Yee, Chair
BILL NO: AB 787
A
AUTHOR: Stone
B
VERSION: March 19, 2013
HEARING DATE: June 11, 2013
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FISCAL: No
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CONSULTANT: Sara Rogers
SUBJECT
Foster Care: California Fostering Connections to Success
Act
SUMMARY
This bill makes technical and clarifying amendments to the
California Fostering Connections to Success Act.
ABSTRACT
Existing Law:
1.Establishes the California Fostering Connections to
Success Act, which corresponds with the federal Fostering
Connections to Success Act that provided an option for
states to receive federal financial participation for
nonminor dependents of the juvenile court who satisfy
certain conditions. (AB 12, Beall &Bass, 2010)
2.Defines "nonminor dependent" as a current or former
foster youth who is between the ages of 18 and 21, is in
foster care under responsibility of the county welfare
department, county probation department, or Indian Tribe,
Continued---
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and is participating in a transitional independent living
plan. (WIC 11400 (v))
3.Defines "nonminor former dependent or ward" as either:
A nonminor who reached 18 years of age while
subject to an order for foster care placement, and
for whom dependency, delinquency, or transition
jurisdiction has been terminated, and who is still
under the general jurisdiction of the court or;
A nonminor who is over 18 years of age and,
while a minor, was a dependent child or ward of the
juvenile court when the guardianship was
established, as specified, and the juvenile court
dependency or wardship was dismissed following the
establishment of the guardianship. (WIC 11400 (aa))
1.Defines a "transition dependent" as a minor who is
between 17 years and five months of age and 18 years of
age, and in foster care, who is subject to the court's
transition jurisdiction. (WIC 450)
2.Provides for the voluntary continuation or reentry into
foster care for nonminor dependents who meet general
AFDC-Foster Care (AFDC-FC) requirements and when the
nonminor youth has signed a voluntary mutual agreement
and meets one or more of the following requirements:
The nonminor is completing a high school
education or a program leading to an equivalent
credential;
The nonminor is enrolled in a postsecondary or
vocational education program;
The nonminor is participating in a program or
activity designed to promote, or remove barriers to,
employment;
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The nonminor is employed at least 80 hours per
month;
The nonminor is incapable of doing any of these
activities due to a medical condition and the
incapacity is supported by regularly updated
information in the case plan of the nonminor
dependent. (WIC 11403 (b))
1.Provides that nonminor former dependents are not eligible
for re-entry into extended foster care as nonminor
dependents of the juvenile court. (WIC 11403 (c))
This bill:
1.Clarifies that former nonminor dependents, under the age
of 21, who reached permanency through the Kinship
Guardianship Assistance Payment Program (Kin-GAP), the
Adoption Assistance Program (AAP), or nonrelated legal
guardianship (NRLG) but whose guardian, relative or
adoptive parent dies before the child reaches age 21 may
reenter into extended foster care pursuant to the
California Fostering Connections to Success Act.
2.Permits the juvenile court to order the care, custody,
conduct, maintenance and support of a nonminor dependent
and permits a probation officer to place a nonminor
dependent in any of the following:
The approved home of a relative or nonrelative
extended family member.
A suitable licensed community care facility.
With a foster family agency to be placed in a
licensed foster family home or certified family
home.
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1.Adds the existing definition of "transition dependent"
found in WIC 450 to the list of definitions related to
AFDC-Foster Care found in WIC Section 11400.
2.Exempts a nonrelated legal guardian and a county
responsible for the care of a nonminor whose nonrelated
legal guardianship was ordered in Probate Court, from
case management requirements applicable to AFDC-FC
nonrelated legal guardianship.
FISCAL IMPACT
The Assembly Appropriations analysis states that costs
associated with permitting former nonminor dependents,
under the age of 21, whose guardian, adoptive parent or
relative dies should be minor and likely offset by
administrative savings associated with removing case
management requirements for state-only Kin-GAP youth.
BACKGROUND AND DISCUSSION
According to the author, California's adoption of AB 12
(Beall & Bass), which opted California into the federal
Fostering Connections to Success and Increasing Adoptions
Act of 2008 included complex and fundamental improvements
to the state's child welfare system. The author notes that
at the time of adoption, the legislation amounted to 207
pages of statutory changes and that cleanup legislation has
been needed since adoption to help ensure its successful
implementation. The author states that AB 787 is similarly
needed to provide additional clean up identified as
necessary by county child welfare and probation
departments.
California Fostering Connections to Success Act of 2010
The California Fostering Connections to Success Act of 2010
(AB 12, Beall & Bass, 2010) established a statutory
framework for foster youth who reach adulthood while in
foster care, and who meet certain requirements, to
voluntarily remain in foster care up to age 21. This
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legislation corresponds with the federal Fostering
Connections to Success and Increasing Adoptions Act of 2008
(Public Law 110-351), which provided states with the option
to receive federal financial participation under
kinship-guardianship benefits and/or foster care for
eligible nonminor dependents. Since the passage of AB 12,
the Legislature has annually adopted cleanup measures
including AB 212 (Beall, 2011) and AB 1712 (Beall, 2012),
to clarify and correctly implement the Act.
Additionally, the federal Act permitted states to receive
federal reimbursement for the Kin-GAP program, which serves
youth who exit the juvenile dependency system to achieve
permanency in the home of a relative caregiver. Under the
federal Act, Title IV-E eligible relative legal guardians
receive a subsidy that is equal to the basic foster care
rate. Prior to the federal Act, this program was state-only
funded. Relative legal guardians who are not Title IV-E
eligible remain in the state-only program.
Under the federal Act, foster youth who move into Kin-GAP
are eligible for extended foster care benefits only if the
youth was over the age of 16 at the time that a Kin-GAP
agreement was negotiated. Similarly, the Adoption
Assistance Program (AAP) serving foster youth who become
adopted provides a federally funded subsidy for Title IV-E
eligible families or a state-funded subsidy for families
not eligible for Title IV-E. As is the case for Kin-GAP,
youth are eligible for extended foster care benefits only
if they entered the AAP program after turning 16.
Need for bill
Foster youth who turn 18 while in foster care, but who do
not sign an extended foster care agreement, or who leave
foster care voluntarily, are eligible to return to extended
foster care until they reach age 21. This bill would permit
a youth who achieved permanency through adoption or
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guardianship to return to extended foster care if their
nonrelated guardian, relative legal guardian or adoptive
parent dies before the youth turns 21 years of age.
Additionally, probation foster youth who turn 18 while
serving their probation are also eligible for extended
foster care, subject to the requirements of the program.
Existing law specifies numerous placement types for
nonminor dependents, however did not make similar statutory
changes for probation youth. This has meant that probation
departments have faced difficulty placing youth in
otherwise appropriate placements such as group homes,
licensed family homes, transitional living programs that
are available to other nonminor dependents.
Prior Legislation
AB 12 (Beall and Bass) Chapter 559, Statutes of 2010,
established the California Fostering Connections to Success
Act, which extended transitional foster care services to
eligible youth between ages 18 and 21 and required
California to seek federal financial participation for the
Kinship Guardianship Assistance Program (Kin-GAP).
AB 212 (Beal) Chapter 459, Statutes of 2011, made technical
and clarifying changes to the California Fostering
Connections to Success Act (AB 12).
AB 1712 (Beall) Chapter 846, Statutes of 2012, made
technical and clarifying changes to the California
Fostering Connections to Success Act (AB 12).
PRIOR VOTES
Assembly Floor: 70-0
Assembly Appropriations: 17-0
Assembly Judiciary: 10-0
Assembly Human Services: 7-0
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POSITIONS
Support: California Welfare Directors Association
(Co-sponsor)
California Alliance of Child and Family
Services (Co-sponsor)
Alliance for Children's Rights
Aspira Net
Children's Law Center of California
California Coalition for Youth
California Police Chiefs Association
Oppose: None received
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