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) AB 2454 (Quirk-Silva) Page 2 of ? 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 AB 2454 (Quirk-Silva) 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. (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 AB 2454 (Quirk-Silva) Page 4 of ? 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 AB 2454 (Quirk-Silva) Page 5 of ? 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" AB 2454 (Quirk-Silva) Page 6 of ? 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 AB 2454 (Quirk-Silva) Page 7 of ? 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. AB 2454 (Quirk-Silva) Page 8 of ? 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) ************** AB 2454 (Quirk-Silva) Page 9 of ?