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                                  
          4

                                        

                                     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---



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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)




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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,  




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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  




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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.






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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

                                   -- END --