BILL ANALYSIS Ó
SENATE HUMAN
SERVICES COMMITTEE
Senator Jim Beall, Chair
BILL NO: AB 2454
A
AUTHOR: Quirk-Silva
B
VERSION: April 2, 2014
HEARING DATE: June 10, 2014
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FISCAL: Yes
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CONSULTANT: Sara Rogers
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SUBJECT
Foster youth: nonminor dependents
SUMMARY
This bill permits a nonminor former dependent who
previously received extended Kinship Guardianship
Assistance Payment (Kin-GAP) or Adoption Assistance Payment
(AAP), but whose former guardians are no longer providing
support to the nonminor, to petition the court to resume
dependency under the extended foster care program.
ABSTRACT
Existing Law:
1.Establishes the California Fostering Connections to
Success Act (AB 12, Chapter 559 Statutes of 2010), which
corresponds with the federal Fostering Connections to
Success Act that provides an option for states to receive
federal financial participation for federally-eligible
nonminor dependents or former dependents of the juvenile
court who are between the ages of 18-21 and who satisfy
certain conditions. (WIC 11403)
Continued---
STAFF ANALYSIS OF ASSEMBLY BILL 2454 (Quirk-Silva) Page
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2.Establishes multiple programs of support for dependent or
former dependent children and the families that care for
them. Each of the federally reimbursed programs has a
corollary state-only funded program for children who are
not eligible under Aid to Families with Dependent
Children (AFDC) income eligibility criteria from 1996.
These programs include:
Aid to Families with Dependent Children-Foster
Care (AFDC-FC); (WIC 11401)
Kinship Guardianship Assistance Payment Program
(Kin-GAP); (WIC 11360; WIC 11385)
Adoption Assistance Program (AAP); (WIC 16115)
Non Relative Legal Guardianship (NRLG); (WIC
11405)
CalWORKs (for non-Title IV-E eligible children
in foster care residing with relatives). (WIC 11250)
1.Provides for the voluntary continuation or re-entry into
extended foster care for eligible nonminor dependents and
former dependents 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;
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) and WIC 388.1)
STAFF ANALYSIS OF ASSEMBLY BILL 2454 (Quirk-Silva) Page
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1.Permits a former nonminor dependent or delinquent who
turned 18 years of age while under the order of a foster
care placement and who is under the age of 21 to petition
the court which found the nonminor to be a dependent or
delinquent child to resume dependency jurisdiction. (WIC
388)
2.Pursuant to federal eligibility criteria, establishes
that a youth who reaches adulthood while receiving
federal or state Kin-GAP or AAP is only eligible for
extended foster care if he or she entered the program
after reaching age 16, or at any age, if the child has a
qualifying mental or physical disability. (WIC 11362;
WIC11386; WIC 11403.01)
3.Requires that termination of kinship guardianship
terminates eligibility for Kin-GAP unless specified
conditions apply and if an alternate guardian or
co-guardian is appointed. (WIC 388.1 (e))
4.Permits a nonminor former dependent who previously
received Kin-GAP or AAP, and whose guardian or adoptive
parent died, to petition the court to re-enter extended
foster care if the nonminor meets other criteria for
eligibility for extended foster care. (WIC 388.1 and WIC
11403 (c))
This bill:
1.Permits a former nonminor dependent under the age of 21,
who received Kin-GAP after attaining 18 years of age and
whose former guardians are failing to provide ongoing
support, to petition the court to resume dependency
jurisdiction over the nonminor if the court determines it
is the nonminor's best interest.
2.Permits a former nonminor dependent under the age of 21,
STAFF ANALYSIS OF ASSEMBLY BILL 2454 (Quirk-Silva) Page
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who received AAP after attaining 18 years of age and
whose adoptive parents are failing to provide ongoing
support to the nonminor to petition the court to resume
dependency jurisdiction over the nonminor if the court
determines it is the nonminor's best interest.
3.Requires the court to order a hearing be held within 15
judicial days of the filing of the petition if there is
prima facie evidence that the guardians or adoptive
parents are failing to provide ongoing support to the
nonminor between ages 18 and 21 and it is the nonminor's
best interest for the court to assume dependency
jurisdiction.
FISCAL IMPACT
An Assembly Appropriations Committee analysis states there
are potential annual state costs in the range of $12,000 to
$36,000 (GF) per case for extended foster care and adoption
assistance benefits. The analysis states that CDSS
anticipates very few cases.
BACKGROUND AND DISCUSSION
Purpose of the bill:
According to the author, as foster youth "age out" of the
system, they encounter many challenges to making a
successful transition to fully independent adulthood. The
author states that one of the most common challenges is
finding suitable housing after leaving their foster care
placement and that as emancipated and aged-out foster youth
make this transition to adult life, the lack of stable
housing contributes to poor outcomes such as unemployment,
a failure to pursue educational opportunities, substance
abuse, or incarceration.
The author states that between 35 and 45 percent of foster
youth report that they experienced homelessness within
their first few years of exiting care and that more than a
third of the nation's homeless adults report being in
foster care during their adolescence. In California, the
STAFF ANALYSIS OF ASSEMBLY BILL 2454 (Quirk-Silva) Page
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author states that 65 percent of youth leave foster care
without a place to live, that only 40 percent of eligible
emancipated foster youth receive independent living
services, and that nearly 40 percent of transitioning youth
will be homeless within eighteen months of discharge.
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
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 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.
Extended Foster Care under Kin-GAP and AAP
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 solely
state funded. Relative legal guardians who are not Title
IV-E eligible remain in the state-only program. Kin-GAP
guardians must wait a minimum of six months and until
dependency is terminated and guardianship established prior
to receiving Kin-GAP payments. During that time, receives a
child-only CalWORKs reimbursement of approximately $122 per
month.
STAFF ANALYSIS OF ASSEMBLY BILL 2454 (Quirk-Silva) Page
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Under the federal Act, foster youth who move into Kin-GAP
are eligible for extended foster care benefits only if the
youth was older than age 16 at the time that a Kin-GAP
agreement was negotiated. Similarly, the Adoption
Assistance Program 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.
Youth who exited dependency to guardianship or adoption are
not eligible for re-entry into foster care as nonminor
dependents unless the nonminor's former guardian or
adoptive parent dies while the nonminor is between the ages
of 18 and 21. However, existing law does permit a nonminor
receiving Kin-GAP to have a new guardian established,
subject to the existing rules for extended Kin-GAP. This
bill seeks to enable youth who exited dependency into
guardianship or adoption to re-enter extended foster care
if the youth's guardian or adoptive parent is failing to
provide ongoing support to a nonminor former dependent who
is otherwise meeting the requirements of extended foster
care.
COMMENTS
1.As drafted this bill may be subject to interpretation
regarding the meaning of "failing to provide ongoing
support." Staff recommends the bill be clarified to
permit youth the reenter Kin-GAP or AAP if the parents or
guardians are no longer supporting the youth and are no
longer receiving benefits or aid.
2.Staff recommends the bill additionally amend WIC 11403
that governs enrollment activities of county welfare
departments, probation departments and tribes for
extended Kin-GAP and AAP.
Specifically, staff recommends the following amendments:
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Page 3, Line 17-Page 4, Line 8
(2) He or she is a nonminor former dependent, as defined in
subdivision (aa) of Section 11400, who received aid after
attaining 18 years of age under Kin-GAP pursuant to Article
4.5 (commencing with Section 11360) or Article 4.7
(commencing with Section 11385) of Chapter 2 of Part 3 of
Division 9, or pursuant to subdivision (e) of Section
11405, and whose former guardian or guardians are failing
to provide no longer provide ongoing support to and no
longer receive aid on behalf of the nonminor after the
nonminor attained 18 years of age, but before he or she
attains 21 years of age and the court determines that it is
in the nonminor's best interest for the court to assume
dependency jurisdiction .
(3) He or she is a nonminor who received adoption
assistance payments after attaining 18 years of age
pursuant to Chapter 2.1 (commencing with Section 16115) of
Part 4 of Division 9 and his or her adoptive parent or
parents died after the nonminor attained 18 years of age,
but before he or she attains 21 years of age.
(4) He or she is a nonminor who received adoption
assistance payments after attaining 18 years of age
pursuant to Chapter 2.1 (commencing with Section 16115) of
Part 4 of Division 9 and his or her adoptive parent or
parents are failing to provide no longer provide ongoing
support to and no longer receive benefits on behalf of the
nonminor after the nonminor attained 18 years of age, but
before he or she attains 21 years of age , and the court
determines that it is in the nonminor's best interest for
the court to assume dependency jurisdiction .
Page 4, Line 34-39
(ii) His or her guardian or guardians, or adoptive parent
or parents, as applicable, are failing to provide no longer
provide ongoing support to and no longer receive payment on
behalf of the nonminor after the nonminor attained 18 years
of age, but before he or she attained 21 years of age, and
it is may be in the nonminor's best interest for the court
to assume dependency jurisdiction.
Page 5, Line 38-Page 6, Line 7
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(B) The nonminor's guardian or guardians, or adoptive
parent or parents, as applicable, have died, or no longer
provide ongoing support to and no longer receive payment on
behalf of the nonminor, and it is in the nonminor's best
interest for the court to assume dependency jurisdiction.
(B) (C) The nonminor has not attained 21 years of age.
(C) (D) Reentry and remaining in foster care are in the
nonminor's best interests.
(D) (E) The nonminor intends to satisfy, and agrees to
satisfy, at least one of the criteria set forth in
paragraphs (1) to (5), inclusive, of subdivision (b) of
Section 11403, and demonstrates his or her agreement to
placement in a supervised setting under the placement and
care responsibility of the placing agency by signing the
voluntary reentry agreement described in subdivision (z) of
Section 11400.
Add new bill section to amend WIC 11403
(c) The county child welfare or probation department,
Indian tribe, consortium of tribes, or tribal organization
that has entered into an agreement pursuant to Section
10553.1, shall work together with a nonminor dependent who
is in foster care on his or her 18th birthday and
thereafter or a nonminor former dependent receiving aid
pursuant to Section 11405, to satisfy one or more of the
conditions described in paragraphs (1) to (5), inclusive,
of subdivision (b) and shall certify the nonminor's
applicable condition or conditions in the nonminor's
six-month transitional independent living case plan update,
and provide the certification to the eligibility worker and
to the court at each six-month case plan review hearing for
the nonminor dependent. Relative guardians who receive
Kin-GAP payments and adoptive parents who receive adoption
assistance payments shall be responsible for reporting to
the county welfare agency that the nonminor does not
satisfy at least one of the conditions described in
subdivision (b). The social worker, probation officer, or
tribal entity shall verify and obtain assurances that the
nonminor dependent continues to satisfy at least one of the
conditions in paragraphs (1) to (5), inclusive, of
subdivision (b) at each six-month transitional independent
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living case plan update. The six-month case plan update
shall certify the nonminor's eligibility pursuant to
subdivision (b) for the next six-month period. During the
six-month certification period, the payee and nonminor
shall report any change in placement or other relevant
changes in circumstances that may affect payment. The
nonminor dependent, or nonminor former dependent receiving
aid pursuant to subdivision (e) of Section 11405, shall be
informed of all due process requirements, in accordance
with state and federal law, prior to an involuntary
termination of aid, and shall simultaneously be provided
with a written explanation of how to exercise his or her
due process rights and obtain referrals to legal
assistance. Any notices of action regarding eligibility
shall be sent to the nonminor dependent or former
dependent, his or her counsel, as applicable, and the
placing worker, in addition to any other payee. Payments of
aid pursuant to Kin-GAP under Article 4.5 (commencing with
Section 11360) or Article 4.7 (commencing with Section
11385), adoption assistance payments as specified in
Chapter 2.1 (commencing with Section 16115) of Part 4, or
aid pursuant to subdivision (e) of Section 11405 that are
made on behalf of a nonminor former dependent shall
terminate subject to the terms of the agreements. Subject
to federal approval of amendments to the state plan, aid
payments may be suspended and resumed based on changes of
circumstances that affect eligibility. Nonminor former
dependents, as identified in paragraph (2) of subdivision
(aa) of Section 11400, are not eligible for reentry under
subdivision (e) of Section 388 as nonminor dependents under
the jurisdiction of the juvenile court, unless (1) the
nonminor former dependent was receiving aid pursuant to
Kin-GAP under Article 4.5 (commencing with Section 11360)
or Article 4.7 (commencing with Section 11385), or the
nonminor former dependent was receiving aid pursuant to
subdivision (e) of Section 11405, or the nonminor was
receiving adoption assistance payments as specified in
Chapter 2.1 (commencing with Section 16115) of Part 3 and
(2) the nonminor's former guardian or adoptive parent dies
or no longer provides ongoing support and no longer
receives benefits on behalf of the nonminor after the
nonminor turns 18 years of age but before the nonminor
turns 21 years of age. Nonminor former dependents
requesting the resumption of AFDC-FC payments pursuant to
subdivision (e) of Section 11405 shall complete the
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applicable portions of the voluntary reentry agreement, as
described in subdivision (z) of Section 11400.
PRIOR VOTES
Assembly Floor 73 - 0
Assembly Appropriations 17 - 0
Assembly Judiciary 10 - 0
Assembly Human Services 7 - 0
POSITIONS
Support: None received
Oppose: None received
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