BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de León, Chair


          AB 2454 (Quirk-Silva) - Foster care: nonminor dependents.
          
          Amended: July 1, 2014           Policy Vote: HS 4-0; JUD 7-0
          Urgency: No                     Mandate: Yes
          Hearing Date: August 4, 2014                            
          Consultant: Jolie Onodera       
          
          This bill meets the criteria for referral to the Suspense File.


          Bill Summary: AB 2454 would allow a nonminor former dependent  
          who previously received extended Kinship Guardianship Assistance  
          Payment (Kin-GAP) or Adoption Assistance Payment (AAP), but  
          whose guardian or adoptive parent no longer provides ongoing  
          support to, and no longer receives aid on behalf of, the  
          nonminor, to petition the court to resume dependency under the  
          extended foster care (FC) program.

          Fiscal Impact: Ongoing increase in state costs in the range of  
          $78,000 to $103,000 (General Fund*) per year for each nonminor  
          former dependent that resumes dependency under the extended FC  
          program. To the extent two cases per year resume dependency  
          under the extended FC program, cumulative costs would range  
          between $310,000 and $410,000 annually after two years,  
          including grant and additional social worker administrative  
          costs. To the extent a nonminor former dependent would have  
          otherwise remained in extended Kin-GAP or AAP, estimated costs  
          would be offset in part by savings from terminated  
          guardianship/adoptions of $10,000 to $12,000 per case per year.

          *Proposition 30 (November 2012) eliminated any potential mandate  
          funding liability for any new program or higher level of service  
          mandated on local agencies related to realigned programs,  
          including child welfare services and foster care. Rather,  
          legislation enacted after September 30, 2012, that has an  
          overall effect of increasing the costs already borne by a local  
          agency for programs or levels of service mandated by realignment  
          only apply to local agencies to the extent that the state  
          provides annual funding for the cost increase. Local agencies  
          are not obligated to provide programs or levels of service  
          required by legislation above the level for which funding has  
          been provided. 








          AB 2454 (Quirk-Silva)
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          Background: The California Fostering Connections to Success Act  
          of 2010, enacted by AB 12 (Beall/Bass) Chapter 559/2010,  
          exercised the state option under the federal Fostering  
          Connections to Success and Increasing Adoptions Act of 2008  
          (Public Law 110-351) of extending benefits for youth up to age  
          21 in the Foster Care, Adoption Assistance, and Kin-GAP  
          programs. AB 12 aligned the state's existing Kin-GAP program  
          with requirements in order to draw down federal funds and  
          provided for a three-year phase in of extended benefits up to  
          age 21 that was intended to reduce the upfront costs of program  
          expansion.  

          Significant clean-up legislation was pursued through AB 212  
          (Beall) Chapter 459/2011 and AB 1712 (Beall) Chapter 846/2012 to  
          address various issues identified subsequent to implementation  
          of the initial legislation. 

          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 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.

          Existing law provides that a nonminor former dependent is not  
          eligible for reentry into extended foster care as a nonminor  
          dependent of the juvenile court, unless the nonminor former  
          dependent's guardian or adoptive parent has died, and the  
          nonminor is between the ages of 18 and 21 years.

          Proposed Law: This bill would allow a nonminor former dependent  
          who previously received extended Kin-GAP or AAP, but whose  
          guardian or adoptive parent no longer provides ongoing support  
          to, and no longer receives aid on behalf of, the nonminor, to  
          petition the court to resume dependency under the extended FC  
          program.









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          Prior Legislation: AB 12 (Beall/Bass) Chapter 559/2010 enacted  
          the California Fostering Connections to Success Act of 2010, and  
          authorized the state to exercise the option of extending  
          benefits in the Foster Care, Kin-GAP, Fed-GAP, and AAP to age 21  
          for youth who meet specified criteria. AB 12 also provided for  
          the alignment of the Kin-GAP program with federal requirements  
          in order to receive federal financial participation.

          AB 212 (Beall) Chapter 459/2011, the follow-up legislation to AB  
          12, made various technical and substantive changes to law in  
          order to ensure the proper implementation of the California  
          Fostering Connections to Success Act of 2010.

          AB 1712 (Beall) Chapter 846/2012 expanded the definition of  
          "relative" for purposes of both the federal and state-funded  
          Kin-GAP programs to include guardians who are non-related  
          extended family members, tribal kin, or current caregivers of  
          foster children, as specified, and extended eligibility for  
          non-related legal guardian placements to age 21.

          AB 787 (Stone) Chapter 487/2013, among other provisions, allows  
          re-entry into nonminor dependency for nonminor former dependents  
          who reached permanency whose guardian died before their 21st  
          birthday.

          AB 985 (Cooley) 2013 would have expanded eligibility for  
          extended state Kin-GAP benefits to age 21 to youth who attain 18  
          years of age while receiving federal or state KinGAP benefits  
          and who entered the program prior to reaching the age of 16,  
          subject to specified criteria. This bill was held on the  
          Suspense File of this Committee.

          Staff Comments: Authorizing extended foster care benefits for a  
          nonminor former dependent whose guardian no longer provides  
          ongoing support to, and no longer receives aid on behalf of, the  
          nonminor is estimated to result in increased state costs in the  
          range of $78,000 to $103,000 (General Fund) per case, depending  
          on the placement type. This estimate is based on a monthly  
          assistance and administrative cost for a nonminor of $6,464 for  
          an extended FC placement in a supervised independent living  
          placement (SILP) and $8,544 for an extended FC placement in a  
          transitional housing placement-plus (THP-Plus) program. While  
          the number of cases that will resume dependency under the  
          provisions of this bill is unknown, to the extent two cases per  








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          year resume dependency under the extended FC program, cumulative  
          costs would range between $310,000 and $410,000 annually after  
          two years, including grant and additional social worker  
          administrative costs. To the extent a nonminor former dependent  
          would have otherwise remained in extended Kin-GAP or the AAP  
          program in the absence of this measure, estimated new costs  
          would be offset in part by savings from terminated  
          guardianships/adoptions of $10,000 to $12,000 per case per year.

          Prior to Fiscal Year (FY) 2011-12, the state and counties  
          contributed to the non-federal share of child welfare services  
          and foster care expenditures. AB 118 (Committee on Budget)  
          Chapter 40/2011 and ABX1 16 Chapter 13/2011 realigned state  
          funding to the counties through the 2011 Local Revenue Fund  
          (LRF) for various programs, including child welfare services and  
          foster care. As a result, beginning in FY 2011-12 and for each  
          fiscal year thereafter, non-federal funding and expenditures for  
          foster care and child welfare services activities are funded  
          through the LRF.

          Proposition 30 was passed by the voters in November 2012, and  
          among other provisions, eliminated any potential mandate funding  
          liability for any new program or higher level of service  
          mandated on the counties related to realigned programs,  
          including child welfare services and foster care. Rather,  
          legislation enacted after September 30, 2012, that has an  
          overall effect of increasing the costs already borne by a local  
          agency for programs or levels of service mandated by realignment  
          only apply to local agencies to the extent that the state  
          provides annual funding for the cost increase. Local agencies  
          are not obligated to provide programs or levels of service  
          required by legislation above the level for which funding has  
          been provided. 

          To the extent it is determined that the provisions of this bill  
          impose a higher level of service on local agencies or result in  
          an increase in overall costs already borne by counties for the  
          provision of child welfare services and foster care, the state  
          could potentially elect to, but not be required to, provide  
          funding for the cost increase.  












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