BILL ANALYSIS �
AB 985
Page 1
ASSEMBLY THIRD READING
AB 985 (Cooley)
As Amended May 24, 2013
Majority vote
HUMAN SERVICES 5-0 APPROPRIATIONS 16-1
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|Ayes:|Stone, Maienschein, |Ayes:|Gatto, Harkey, Bocanegra, |
| |Ammiano, | |Bradford, Ian Calderon, |
| |Ian Calderon, Garcia | |Campos, Donnelly, Eggman, |
| | | |Gomez, Hall, Ammiano, |
| | | |Linder, Pan, Quirk, |
| | | |Wagner, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Bigelow |
| | | | |
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SUMMARY : Extends 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, respectively. Specifically,
this bill :
1)Authorizes state Kin-GAP benefits for a nonminor up to the age
of 21 whose state or federally funded Kin-GAP payments began
prior to the age of 16.
2)Makes necessary changes to existing law to align with the
provision of Kin-GAP benefits for nonminors over the age 18
but under 21 who began receiving state or federal Kin-GAP
prior to age 16.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Data from the Department of Social Services indicates that
once fully phased in, over 900 youth in the state KinGAP
program will remain eligible until the age of 21.
2)The average monthly state KinGAP grant is almost $650 per
month. Allowing the relative guardians of children to receive
a grant until the child reaches 21 would cost approximately $7
million ($5 million (General Fund) GF) per year.
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COMMENTS :
Kinship Guardianship Assistance Payment (Kin-GAP) Program : The
Kin-GAP program was established by SB 1901 (McPherson), Chapter
1055, Statutes of 1998, to provide children exiting dependency
into permanency with a relative legal guardian. It was expanded
by AB 1808 (Budget Committee), Chapter 75, Statutes of 2006, to
include probation youth who were existing delinquency. The
intent of the Kin-GAP program is to help improve permanency
opportunities for foster youth by providing integral support
benefits to help enable the foster youth's relatives to open
their home to the youth.
The Kin-GAP Program offers a subsidy on behalf of children that
is 100% of the basic foster care rate, based upon age. Movement
to Kin-GAP is not automatic. The court, with a recommendation
from the county social worker or probation officer, has
discretion regarding whether termination of court involvement is
in the child's best interest. Relative caregiver's
participation in Kin-GAP is strictly voluntary, and not mandated
by any regulations or statutes. Each family's situation is
unique, therefore the decision regarding a child's permanent
plan must be mutual between the county, the relative, and child
where age appropriate, in order to ensure that the chosen
alternative will be successful.
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) (Public Law 110-351). Specifically, the
California Fostering Connections to Success Act:
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 guardianship assistance program for the first
time.
2)Provides transitional foster care support to qualifying foster
youth ages 18 to 21, phased-in over three years, beginning in
2012.
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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 workers 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 essence, AB 12 seeks to mirror the type of continued guidance
and assistance most young adults receive from their parents and
families in their late teens and early twenties. Following this
paradigm, AB 12 provides nonminors with the option to petition
to reenter care if they opt out of extended care and want to
return before age 21, provided they meet the eligibility
criteria set forth in federal and state law.
In order to be eligible to continue foster care benefits up to
age 21, a nonminor dependent 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 his or her caseworker to prepare and
participate in the transitional independent living case plan;
and have his or her status reviewed every six months. In
addition, pursuant to the federal Fostering Connections Act, a
nonminor dependent must meet one of five work- or
education-related eligibility criteria:
1)Is completing secondary education or a program leading to an
equivalent credential.
2)Is enrolled in an institution which provides postsecondary or
vocational education.
3)Is participating in a program or activity designed to promote,
or remove barriers to employment.
4)Is employed for at least 80 hours per month.
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5)Is incapable of doing any of the activities described above
due to a medical condition.
Foster care benefits eligibility gap for Kin-GAP : Under the
state's Fostering Connections to Success Act, it brought Kin-GAP
benefit eligibility into alignment with federal eligibility
expansions. However, over the past three years, several policy
changes intended to expand eligibility for Kin-GAP benefits have
created varying levels of eligibility as follows:
1)Relative Guardian:
a) Foster youth who entered into a Kin-GAP permanency
arrangement with a relative guardian prior to age 16 have
their benefits terminated at age 18.
b) A developmentally disabled foster youth or foster youth
with mental health needs who entered into a Kin-GAP
permanency arrangement with a relative at any age can
continue to receive those benefits until age 21.
c) However, if the foster youth entered into a Kin-GAP
arrangement after 16, their benefits can continue until age
21 if the youth meets maintains their eligibility as a
nonminor dependent.
2)Non-related extended family member (NREFM):
a) In 2012 the state adopted AB 1712 (Beall) Chapter 846,
Statutes of 2012, which modified how Kin-GAP benefits are
provided to foster youth who entered into a Kin-GAP or
permanency arrangement with a NREFM.
b) In cases where foster youth enter prior to age 16, their
federal Kin-GAP benefits terminate at age 18. However, at
age 18 these youth transition into the AFDC-FC benefits
program, thus, in essence, continuing the benefits that
help to make the child's permanency a success.
3)Non-related guardian:
a) Foster youth who enter into a guardianship permanency
arrangement with a non-related person who is also not a
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NREFM, regardless of the age at which they entered into the
arrangement may continue to receive foster care benefits
until age 21.
Although multiple policy developments over the past three years
have helped to expand eligibility for Kin-GAP to age 21 for
certain populations, it can serve as a disincentive for kinship
guardians or prospective adoptive parents who want to open their
home to a foster youth, but cannot afford to without assistance.
Analysis Prepared by : Chris Reefe / HUM. S. / (916) 319-2089
FN: 0000983