BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2454
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 2454 (Quirk-Silva)
          As Amended  July 1, 2014
          Majority vote
           
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          |ASSEMBLY:  |73-0 |(May 8, 2014)   |SENATE: |36-0 |(August 21,    |
          |           |     |                |        |     |2014)          |
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           Original Committee Reference:    HUM. S.  

           SUMMARY  :  Permits a former nonminor dependent (NMD) who was  
          receiving Kinship Guardianship Assistance Payment (Kin-GAP)  
          Program or Adoption Assistance Payment (AAP) Program assistance  
          after they turned 18 years of age and whose guardian(s) or  
          adoptive parent(s) are failing to provide ongoing support for  
          the NMD, as conditioned upon the receipt of Kin-GAP or AAP  
          services, to voluntarily re-enter extended foster care upon the  
          approval of the juvenile court. 

           The Senate amendments  make conforming and technical changes to a  
          related provision.

          EXISTING LAW   

          1)Establishes the California Fostering Connections to Success  
            Act of 2010 which, among other provisions:  

             a)   Provides for the extension of transitional foster care  
               to eligible youth up to age 21 as a voluntary program for  
               youth who meet specified work and education participation  
               criteria; and,

             b)   Requires changes to the Kin-GAP program in order to  
               allow for federal financial participation in the program.  
               (AB 12 (Beall), Chapter 559, Statutes of 2010)

          2)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 Indian Tribe and is  
            participating in a transitional independent living plan.   
            (Welfare and Institutions (W&I) Code Section 11400(v))









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          3)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, as specified.  (W&I Code Section 11403)

          4)Permits re-entry into extended foster care for a NMD whose  
            guardian or adoptive parent died if the NMD is between the  
            ages of 18 and 21.  (W&I Code Section 11403(c))

          5)Makes Legislative findings and declarations that the  
            continuation of the state-funded Kin-GAP Program is necessary  
            to ensure that wards and dependent children of the juvenile  
            court whose placement in the home of an approved relative that  
            is funded under the California Work Opportunity and  
            Responsibility to Kids (CalWORKs) program are equally eligible  
            for the benefits derived from legal permanency with the  
            related guardian and that the state can maximize improvements  
            to federal permanency outcome measures by exiting nonfederally  
            eligible youth to the state's subsidized kinship guardianship  
            program.  (W&I Code Section 11360)

          6)Establishes the AAP to recruit, retain and maintain healthy  
            and successful adoptions of youth in the child welfare system  
            by providing supportive benefits on behalf of the adopted  
            child to the adoptive parents.  (W&I Code Section 16115)

           AS PASSED BY THE ASSEMBLY , this bill:  Permited a former  
          nonminor dependent (NMD) who was receiving Kin-GAP Program or  
          AAP Program assistance after they turned 18 years of age and  
          whose guardian(s) or adoptive parent(s) are failing to provide  
          ongoing support for the NMD, as conditioned upon the receipt of  
          Kin-GAP or AAP services, to voluntarily re-enter extended foster  
          care upon the approval of the juvenile court.

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee:
          Potential state costs for extended foster care and adoption  
          assistance benefits for former nonminor dependents (NMDs) whose  
          guardian, relative, or adoptive parent fail to provide ongoing  
          support until the NMD's 21st birthday.  Annual costs would be in  
          the range of $12,000 to $36,000 (General Fund) per case,  
          depending on the placement type. Department of Social Services  
          anticipates very few cases.









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           COMMENTS  :    

          Kin-GAP Program:  The Kin-GAP program was established by SB 1901  
          (McPherson), Chapter 1055, Statutes of 1998, to provide children  
          exiting dependency into permanency with a relative or legal  
          guardian.  It was expanded by AB 1808 (Budget Committee),  
          Chapter 75, Statutes of 2006, to include probation youth who  
          were exiting delinquency.  The intent of the Kin-GAP program is  
          to help improve permanency opportunities for foster youth by  
          providing integral support benefits to help enable the foster  
          youth's relatives to open their home to the youth.  

          Adoption Assistance Program:  California's AAP was created to  
          reduce the number of children in foster care and help to provide  
          stable, secure adoptive homes for eligible children.  The amount  
          of AAP support is based on the child's needs and family's  
          circumstances, with eligibility periodically reassessed.   
          Payments continue until the child reaches age 18, unless a  
          mental or physical disability creates eligibility until the age  
          of 21.  For children who are federally eligible, the costs of  
          AAP benefits are shared among the federal government, state, and  
          relevant county.  For children who are not federally eligible,  
          the costs are shared by the state and county only. 

          California Fostering Connections to Success Act of 2010:  AB 12,  
          was a landmark piece of child welfare legislation in California  
          opting the state into two provisions of the federal Fostering  
          Connections to Success and Increasing Adoptions Act of 2008  
          (Fostering Connections Act) (Public Law 110-351).  Specifically,  
          the California Fostering Connections to Success Act: 

          1)Re-enacted California's existing state- and county-funded  
            Kin-GAP program to align it with new federal requirements and  
            allow the state to bring federal financial participation into  
            our kinship guardianship assistance program for the first  
            time; and, 

          2)Provides transitional foster care support to qualifying foster  
            youth ages 18 to 21, phased-in over three years, beginning in  
            2012.

          The goal of AB 12 is to assist foster youth, or NMDs in their  
          transition to adulthood, by providing them with the opportunity  
          to create a case plan alongside their case workers tailored to  
          their individual needs, which charts the course towards  








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          independence through incremental levels of responsibility.  It  
          is a voluntary program grounded in evidence of how the option of  
          continued support to age 21 can counter the dismal outcomes  
          faced by youth who are forced to leave the foster care system at  
          age 18, including high rates of homelessness, incarceration,  
          reliance on public assistance, teen pregnancy, and low rates of  
          high school and postsecondary graduation.  

          Need for this bill:  The California Fostering Connections to  
          Success Act (FCSA) of 2010 was landmark child welfare  
          legislation.  However, it was also substantial in size,  
          amounting to 207 pages at the time of adoption.  Due to the  
          complexity and fundamental improvements this act made to the  
          state's welfare system, follow up legislation has been needed  
          since its adoption to help ensure its successful implementation.  


          Since its passage, the Legislature has passed and the state has  
          adopted three successive measures to this effect; AB 212  
          (Beall), Chapter 459, Statutes of 2011, AB 1712 (Beall), Chapter  
          846, Statutes of 2012, and AB 787 (Stone), Chapter 487, Statutes  
          of 2013.  Like its predecessors, this bill continues the  
          Legislature's efforts to ensure the FCSA is properly implemented  
          to provide necessary and integral support services to foster  
          youth as they prepare and transition into adulthood.

          Re-entry for former NMDs:  Current law provides opportunities  
          for the court to resume jurisdiction of a former nonminor  
          dependent or ward of the court for specified reasons.  In these  
          cases, a youth who was receiving foster care services when they  
          turned 18 may opt to re-enter foster care so that he or she may  
          remain in a healthy and safe environment and draw down services  
          to help him or her transition into adulthood.  However, this  
          same opportunity was inadvertently left out of previous FCSA  
          measures for NMDs who had reached permanency through permanent  
          guardianship or adoption, but whose adoptive parents or  
          guardians have failed to provide ongoing support while the youth  
          was between the age of 18 and 21.  Although rare, this has  
          resulted in some NMDs being left without the parent or guardian  
          who had committed to providing for their health, safety and  
          wellbeing, but also without the ability to voluntarily re-enter  
          foster care. 

          This bill remedies this by amending W&I Code Section 388 to  
          allow for the voluntary re-entry of NMDs into foster care  








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          through the request of the NMD and agreement by the court that  
          it is in the NMDs' best interest to re-enter foster care.  

           
          Analysis Prepared by  :    Chris Reefe / HUM. S. / (916) 319-2089 


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