BILL ANALYSIS Ó
SENATE JUDICIARY COMMITTEE
Senator Hannah-Beth Jackson, Chair
2013-2014 Regular Session
AB 2454 (Quirk-Silva)
As Amended June 15, 2014
Hearing Date: June 24, 2014
Fiscal: Yes
Urgency: No
NR
SUBJECT
Foster youth: nonminor dependents
DESCRIPTION
This bill would allow a nonminor former dependent who previously
received extended Kinship Guardianship Assistance Payment
(Kin-Gap) or Adoption Assistance Payment (AAP), but whose
guardians no longer provide ongoing support to and no longer
receive aid on behalf of the nonminor, to petition the court to
resume dependency under the extended foster care program. This
bill would make additional conforming changes.
(This analysis reflects author's amendments to be offered in
Committee.)
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. According to data from the state's Child Welfare
Services/Case Management System, about 52,000 Californians
emancipated from foster care from 1999 to 2009. The immediate
outcomes for these young adults are sobering. Studies have
shown that 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
(more)
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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 program 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. AB 1712 (Beall,
Chapter 846, Statutes of 2012) and AB 787 (Stone, Chapter 487,
Statutes of 2013) further clarified specific issues related to
that implementation, including clarifying that former nonminor
dependents (NMD) who reached permanency, but whose guardian,
relative, or adoptive parent died before their 21st birthday,
may reenter extended foster care.
This bill will continue the Legislature's efforts to ensure the
Act is properly implemented by ensuring that NMD's whose
guardian or adoptive parents fail to support them, as specified,
are able to petition the court for reentry into the extended
foster care program.
CHANGES TO EXISTING LAW
Existing law , the California Fostering Connections to Success
Act (Act), is a voluntary program for youth who meet specified
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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.
(Welf. & Inst. Code Sec. 11403 et seq.)
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 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
tThe 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 allows 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 to resume dependency jurisdiction. (Welf. & Inst. Code
Sec. 388.)
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
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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. (Welf. & Inst. Code Sec.
11400 (aa).)
Existing law provides that nonminor former dependents are not
eligible for reentry into extended foster care as nonminor
dependents of the juvenile court. (Welf. & Inst. Code Sec.
11403.)
Existing law provides that a nonminor former dependent whose
guardian or adoptive parent died may reenter extended foster
care if he or she is between the age of 18 and 21. (Welf. &
Inst. Code Sec. 11403(c).)
This bill would provide that a nonminor former dependent whose
guardian or adoptive parent no longer provides support and no
longer receives aid on behalf of the nonminor, may petition the
court for a hearing to determine whether to assume dependency
jurisdiction over the nonminor.
COMMENT
1.Stated need for the bill
According to the author:
Between 35 and 45 percent of foster youth report that they
experienced homelessness within their first few years of
exiting care. More than a third of the nation's homeless
adults report being in foster care during their adolescence.
In California, 65 percent of youth leaving foster care do so
without a place to live. Only 40 percent of eligible
emancipated foster youth receive independent living services.
It has been found that nearly 40 percent of transitioning
youth will be homeless within eighteen months of discharge.
We are beginning to see cases where a former foster youth, who
was adopted or placed in guardianship between the ages of 16
and 18, are being kicked out of adopted parents'/guardians'
home at age 18 or whose relationship failed soon after
reaching 18 years of age. Currently AB 12 precludes a former
foster youth from re-entering foster care as a non-minor
dependent (age 18 - 21). If that former foster youth had been
adopted or was under a guardianship when he or she turned 18
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and that relationship failed, the youth has nowhere to turn
for help. This bill would allow these former foster youths to
re-enter the foster care system and received extended foster
care benefits, upon court approval. This bill continues the
Legislature's efforts to ensure the Fostering Connections to
Success Act (FCSA) is properly implemented.
2.Clarifying reentry for former nonminor dependents who achieved
permanency
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 youth may petition the court to
resume jurisdiction so that he or she may continue receiving the
benefits and support of the foster system. Additionally, a
foster youth who turns 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.
This bill seeks to help former foster youth who were adopted out
of foster care or had a guardianship established but had those
relationships fail after reaching the age of majority but before
turning 21 years of age. If the youth had emancipated out of the
foster care system, he or she would be eligible for extended
foster care up to the age of 21. However, under existing law, a
youth in this situation is not permitted to petition the court
for extended foster care benefits. Although rare, this has
resulted in some nonminor former dependents being left without
support or the ability to voluntarily re-enter foster care.
This bill remedies this problem by allowing for the voluntary
re-entry into foster care of nonminor former dependents in this
situation.
3.Author's amendments to be offered in Committee
The author offers the following amendments that were agreed to
in the Senate Human Services Committee:
Author's amendments:
a. Page 3, line 23, strike "are failing to provide" and
insert "no longer provide"
b. Page 3, line 23, after the second "to" insert "and no
longer receive aid on behalf of the"
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c. Page 3, line 25, strike "of age, and the court
determines that it is in the nonminor's best interest for
the court to assume dependency jurisdiction."
d. Page 4, line 4, strike "are failing to provide" and
insert "no longer provide"
e. Page 4, line 5, after "to" insert "and no longer
receive benefits on behalf of"
f. Page 4, line 6, strike "and the court determines that
it is in the nonminor's best interest for the court to
assume dependency jurisdiction."
g. Page 4, line 36, strike "are failing to provide" and
insert "no longer provide"
h. Page 4, line 37, after "and" insert "no longer receive
payment on behalf of"
i. Page 4, line 38, strike "is" and insert "may be in"
j. Page 5, line 38, insert "(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."
Welf. & Inst. Code Sec. 11403 is amended to read:
? (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 living case
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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 applicable portions of the voluntary
reentry agreement, as described in subdivision (z) of Section
11400.
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Support : California Alliance of Child and Family Services;
California Youth Connection
Opposition : None Known
HISTORY
Source : Author
Related Pending Legislation : AB 2573 (Stone) would authorize a
court to assume or resume transition jurisdiction over a
nonminor who attained 18 years of age while subject to an order
for foster care placement without consideration of whether the
rehabilitative goals of the nonminor ward, as set forth in the
case plan, have been met.
Prior Legislation :
AB 787 (Stone, Chapter 487, Statutes of 2013) made clarifying
and technical changes to the California Fostering Connections to
Success Act (Act) to ensure the continued implementation of the
Act.
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 4, Noes 0)
Assembly Floor (Ayes 73, Noes 0)
Assembly Appropriations Committee (Ayes 17, Noes 0)
Assembly Judiciary Committee (Ayes 10, Noes 0)
Assembly Human Services Committee (Ayes 7, Noes 0)
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