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  
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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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