BILL ANALYSIS Ó SENATE JUDICIARY COMMITTEE Senator Noreen Evans, Chair 2013-2014 Regular Session AB 787 (Stone) As Amended June 14, 2013 Hearing Date: June 25, 2013 Fiscal: Yes Urgency: No NR SUBJECT Foster care DESCRIPTION This bill would make clarifying and technical changes to the California Fostering Connections to Success Act (Act) to ensure the continued implementation of the Act. Specifically, this bill would: clarify that former nonminor dependents (NMD) who reached permanency, but whose guardian, relative, or adoptive parent died before their 21st birthday, may re-enter extended foster care; authorize probation officers to place NMDs in approved transitional placements; add the existing definition of "transition dependent" to the relevant code section which determines recipients of Aid to Families with Dependent Children Foster Care (AFDC-FC); clarify how the court may terminate jurisdiction over a NMD, but still retain the ability to monitor them as a nonminor; and make other clarifying and technical changes. BACKGROUND Each year in California, about 5,000 youth emancipate from foster care, which is by far the largest number of any state in the union. Over the past ten years, according to data from the state's Child Welfare Services/Case Management System, about 52,000 Californians have emancipated from foster care (from 3,974 in 1998-99 to 5,387 in 2008-09). The immediate outcomes for these young adults are sobering. Studies have shown that (more) AB 787 (Stone) Page 2 of ? former foster youth, when compared to other young adults of the same age and race, are less likely to complete high school, attend college, or be employed. They are also at a higher risk for becoming homeless and arrested or incarcerated. (See Foster Care in California, Public Policy Institute of California, 2010.) In 1998, California established the Kinship Guardianship Assistance Payment program (the Kin-GAP program) to provide financial assistance for children who, after being adjudged dependent children of the juvenile court, are placed in legal guardianship with a relative. (SB 1901 (McPherson, Chapter 1055, Statutes of 1998).) The bill was the result of a study that concluded that most relative caregivers have strong commitments to the children in their care, but are averse to adoption because it requires the termination of the parental rights of one of their family members. Moreover, while most relative caregivers supported permanency planning for a child, many did not pursue legal guardianship for fear of losing the needed financial support they obtained under the foster care system. In October 2008, the federal government enacted the Fostering Connections to Success and Increasing Adoptions Act (Public Law 110-351) which offers states the opportunity to opt-in to new federal funding streams if they choose to provide kinship-guardianship benefits to relative guardians or provide foster care to 18 to 21-year-old youth. AB 12 (Beall and Bass, Chapter 559, Statutes of 2010), the California Fostering Connections to Success Act (Act), allowed California to collect federal funds for a significant part of California's decade-old, state-funded Kin-GAP program. AB 12 also authorized the juvenile courts to exercise jurisdiction over and extend foster benefits to nonminor dependents between the ages of 18 to 21 if they meet the specified criteria. One year later, the Legislature enacted AB 212 (Beall, Chapter 459, Statutes of 2011) to aid in the implementation of the Act. Last year AB 1712 (Beall, Chapter 846, Statutes of 2012), further clarified specific issues related to that implementation. This bill will continue the Legislature's efforts to ensure the Act is properly implemented, by making technical and clarifying changes. CHANGES TO EXISTING LAW Existing law , the California Fostering Connections to Success Act (Act), is a voluntary program for youth who meet specified AB 787 (Stone) Page 3 of ? work and education participation criteria. The Act provides, among other things, for the extension of transitional foster care benefits to eligible youth up to age 21, as specified. (AB 12 (Beall), Chapter 559, Statutes of 2010.) Existing law provides for the voluntary continuation or reentry into foster care for nonminor dependents who meet general Aid to Families with Dependent Children-Foster Care (AFDC-FC) requirements, and when the nonminor youth has signed a voluntary mutual agreement and one or more of the following conditions exist: the nonminor is working toward their high school education or an equivalent credential; the nonminor is enrolled in a postsecondary institution or vocational education program; The nonminor is participating in a program or activity designed to promote or remove barriers to employment; The nonminor is employed for at least 80 hours per month; and/or, The nonminor is incapable of doing any of the activities described above, due to a medical condition, and that incapability is supported by regularly updated information in the case plan of the nonminor. (Welf. & Inst. Code Sec. 11403.) Existing law provides that nonminor former dependents are not eligible for re-entry into extended foster care as nonminor dependents of the juvenile court. (Welf. & Inst. Code Sec. 11403.) Existing law defines a "nonminor dependent" as 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 an Indian tribe, and is participating in a transitional independent living plan. (Welf. & Inst. Code Sec. 11400.) Existing law 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, 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 AB 787 (Stone) Page 4 of ? guardianship was established, as specified, and the juvenile court dependency or wardship was dismissed following the establishment of the guardianship. (Welf. & Inst. Code Sec. 11400 (aa).) Existing law defines a "transition dependent" as a minor who is between 17 years and five months and 18 years of age, who is in foster care, and subject to the court's transition jurisdiction. (Welf. & Inst. Code Sec. 450.) This bill would clarify that former NMDs, under the age of 21, who reached permanency but whose guardian, relative, or adoptive parent died before the dependent reaches age 21, may reenter into extended foster care if eligible under the Act. This bill would allow a probation officer to place a NMD in any of the following: the approved home of a relative or nonrelative extended family member; a suitable licensed community care facility; or with a foster family agency to be placed in a licensed foster family home or certified family home. This bill would allow transition dependents to receive aid under AFDC-FC by adding the existing definition of "transition dependent" to the list of qualifying individuals. This bill would exempt a nonrelated legal guardian and 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. This bill would make additional technical and clarifying changes in implementing the Fostering Connections to Success Act. COMMENT 1.Stated need for the bill According to the author: In 2010 the state adopted AB 12 (Beall/Bass), which opted California into two provisions of the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351). This landmark child welfare legislation AB 787 (Stone) Page 5 of ? was substantial, amounting to 207 pages at the time of adoption. Due to the complexity and fundamental improvements this act made to the state's welfare system, follow up legislation has been needed since its adoption to help ensure its successful implementation. Since its passage, the Legislature has passed and the state has adopted two successive measures to this effect; AB 212 (Beall) from 2011 and AB 1712 (Beall) from 2012. Like its predecessors, AB 787 will continue the Legislature's efforts to ensure that California's child welfare system can continue to enhance and provide necessary and integral support services to foster youth. 2.Transitional placements for nonminor dependents who are wards of the court Existing law allows nonminor dependents (NMDs) to be placed in specified transitional housing in order to provide them with supportive services as they transition into independent living. Probation foster youth who turn 18 while serving their probation are also eligible for extended foster care, but existing law did not expressly provide that they may be placed in transitional housing. The author argues that this has led to some "challenges probation officers face in finding appropriate placements for probation foster youth who have turned 18 while still serving out their probation." Accordingly, this bill would add appropriate references to "nonminors" in existing sections under which probation officers have placement authority over wards. In support of this bill, the California Alliance for Child and Family Services writes, "We strongly support the provisions in AB 787 to ensure smooth transitions for foster youth who choose to remain in foster care after they turn 18. Of specific interest to the California Alliance of Child and Family Services, this bill will allow probation officers to place non-minor dependents into foster care placements such as foster families and transitional housing; and will allow non-minor dependents who were adopted or placed in guardianships and whose parent or guardian dies before the youth is 21, to re-enter extended foster care as long as they continue to meet the eligibility requirements for care." 3.Clarifying reentry for former nonminor dependents who achieved permanency AB 787 (Stone) Page 6 of ? Under existing law, the court may resume jurisdiction of a former minor dependent or ward if a parent, guardian, or adoptive parent with whom the youth reached permanency has passed away. In these cases the county may petition the court to resume jurisdiction so that the child may continue receiving the benefits and support of the foster system. Additionally, a foster youth who turn 18 years of age while in foster care, but who does not sign an extended foster care agreement, or who leaves foster care voluntarily, is eligible to return to extended foster care until 21 years of age. Similar provisions were inadvertently left out of the Fostering Connections to Success Act for former NMDs, or foster youth who achieved permanency with a guardian or adoptive parent who died before the youth turned 21 years of age. This has resulted in some former NMDs being left without a parent or guardian, and without the ability to reenter into foster care. This bill would remedy that situation by allowing former NMDs to reenter extended foster care if their guardian or adoptive parent dies before the youth turns 21 years of age. 4.Allows transition dependents to receive appropriate aid Existing law provides that a ward who is older than 17 years and 5 months of age and younger than 18 years of age and in foster care placement, as specified, is within the transition jurisdiction of the juvenile court. These youths are referred to as "transition dependents." However, the relevant section of the Welfare & Institutions Code, which establishes what individuals are eligible for Aid to Families with Dependent Children - Foster Care (AFDC-FC), makes no mention of transition dependents. This bill would add the definition of transition dependent to the AFCD-FC to ensure that these youths, who are subject to the court's jurisdiction, are not denied aid. Support : Alliance for Children's Rights; Aspira Net; Children's Law Center of California; California Coalition for Youth; California Police Chiefs Association; Judicial Council of California Opposition : None Known AB 787 (Stone) Page 7 of ? HISTORY Source : California Alliance of Child and Family Services; California Welfare Directors Association Related Pending Legislation : AB 985 (Cooley) would extend state Kin-GAP benefits from age 18 to age 21 for former nonminor dependents who were placed with relative guardians prior to the age of 16. This bill is set for hearing in Senate Human Services on June 25, 2013. 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 Kin-GAP. AB 212 (Beall, Chapter 459, Statutes of 2011) made technical and clarifying changes to the California Fostering Connections to Success Act. AB 1712 (Beall, Chapter 846, Statutes of 2012) made technical and clarifying changes to the California Fostering Connections to Success Act. Prior Vote : Senate Human Services Committee (Ayes 6, Noes 0) Assembly Floor (Ayes 70, Noes 0) Assembly Appropriations Committee (Ayes 17, Noes 0) Assembly Judiciary Committee (Ayes 10, Noes 0) Assembly Human Services Committee (Ayes 7, Noes 0) **************