BILL ANALYSIS Ó AB 2668 Page 1 Date of Hearing: April 29, 2014 ASSEMBLY COMMITTEE ON HUMAN SERVICES Mark Stone, Chair AB 2668 (Quirk-Silva) - As Introduced: February 21, 2014 SUBJECT : Foster care: nonminor dependent parents SUMMARY : Permits non-minor dependents (NMD) who are also parents to enter into a parenting support plan, as specified. Specifically, this bill : 1)Permits a parenting NMD who is participating in a supervised independent living plan (SILP) to enter into a parenting support plan, which may be developed between the NMD, an identified responsible adult, and a representative of the county child welfare agency (CWA) or probation department, as specified. 2)Permits additional input to be provided by any other individuals identified by the NMD, the other parent of the child, or other extended family members. 3)Provides that the plan shall be developed as soon as is practicably possible, and allows the plan to be amended with additional stakeholder input, as requested by the NMD, if those stakeholders are not available within the first 30 days if the NMDs request to enter into the plan. 4)Requires the plan to be designed to preserve and strengthen the NMD parent family unit, to assist the NMD parent in providing a healthy and safe environment of his or her child, and to support the NMD's educational and employment goals. 5)Provides that the plan shall in no way limit the NMD parent's legal right to make decisions regarding the care, custody and control of the child. 6)Requires the plan to be written for the express purposes of identifying additional parenting support to the NMD and shall outline the responsibilities of how the identified responsible adult will assist the NMD parent and the types of supportive services s/he will provide, as specified. 7)Requires the plan to include, but not be limited to, AB 2668 Page 2 transportation to health care appointments, child care, and school, as appropriate and providing child care and babysitting. 8)Provides that the plan may not conflict with the NMD parent's transitional independent living case plan. 9)Requires an additional $200 per month to be paid to a NMD parent who enters into a parenting support plan. EXISTING LAW 1)States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being physically, sexually, emotionally abused, neglected, or exploited, and to ensure the safety, protection, and physical and emotional well-being of children who are at risk of harm. (W&I Code 300.2) 2)States the intent of the Legislature to preserve and strengthen a child's family ties whenever possible and to reunify a foster youth with his or her biological family whenever possible, or to provide a permanent placement alternative, such as adoption or guardianship. (W&I Code 16000) 3)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, Chapter 559, Statutes of 2010) 4)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. (WIC 11400(v)) AB 2668 Page 3 5)Requires a shared responsibility plan for a child of a parenting minor dependent or NMD, which shall be developed by the dependent, or NMD, the caregiver, and a representative from the county CWA or probation department. (WIC 16501.25) FISCAL EFFECT : Unknown COMMENTS : California Fostering Connections to Success Act of 2010 (FCSA) : AB 12 (Beall & Bass) Chapter 559, Statutes of 2010, 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) (P.L. 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 guardian 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 "nonminor dependents" as they are referred to in statute, in their transition to adulthood by providing them with the opportunity to create a case plan alongside their case worker tailored to their individual needs, which charts the course towards 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. In essence, AB 12 seeks to mirror the type of continued guidance and assistance most young adults receive from their parents and families in their late teens and early twenties. Following this paradigm, AB 12 provides nonminors with the option to petition to reenter care if they opt out of extended care and want to AB 2668 Page 4 return before age 21, provided they meet the eligibility criteria set forth in federal and state law. In order to be eligible to continue foster care benefits up to age 21, a nonminor dependent youth must: continue under the jurisdiction of the juvenile court; sign a mutual agreement which commits both the nonminor and the placing agency to certain responsibilities; reside in an approved, supervised placement; work alongside their caseworker to prepare and participate in their transitional independent living case plan; and have their status reviewed every six months. In addition, pursuant to the federal Fostering Connections Act, a youth must meet one of the following five work or education-related eligibility criteria: 1)Is completing secondary education or a program leading to an equivalent credential; 2)Is enrolled in an institution which provides postsecondary or vocational education; 3)Is participating in a program or activity designed to promote, or remove barriers to employment; 4)Is employed for at least 80 hours per month; or 5)Is incapable of doing any of the activities described above due to a medical condition. Need for the bill : Stating the need for the bill, the author writes: Young parents in the foster care system face both the challenges of being in foster care as well as the challenges of being a young, usually single, parent. Studies of both groups have found that they will experience higher than average rates of poverty and unemployment and low educational attainment. A 2013 Conrad N. Hilton Foundation study revealed that the rates of abuse and neglect among children born to teens with a history of maltreatment are 2-3 times higher than the rates of children whose teen mothers had no child welfare involvement. This underscores the need to provide young parents in foster care with adequate support and AB 2668 Page 5 services to overcome the challenges they face, and to preserve and strengthen the family unit. The issue of parenting youth in foster care has become more pressing with the implementation of extended foster care in California. The foundation study estimated that as many as one in three female youth may be parenting by the time they exit the foster care system on their 21st birthday. Additionally, there are new placement options available to non-minor dependents remaining in extended foster care, known as a Supervised Independent Living Placement (SILP), which enables them to live without a caregiver in an apartment, rented room, dorm room, etc. While SILP's provide youth with the independence and autonomy to properly prepare for life after foster care, an unintended shortcoming is the lack of support for custodial parenting non-minor dependents. Unlike most young parents, foster youth who become parents at an early age typically cannot turn to their own parents for emotional support, daily or even occasional assistance most young parents receive from their families. Consequently, these young parents are often completely on their own as they struggle to balance work, school, and parenting responsibilities. Not surprisingly this stress, lack of resources, and simple lack of experience makes these young parents vulnerable and high risk for poor outcomes. In support of this measure, the Youth Law Center writes: Under current law, a "Shared Responsibility Plan" outlines the duties, rights, and responsibilities of a teen parent and his/her caregiver with regard to the teen parent's child, and identifies supportive services to be offered to the teen parent. Upon the completion of the plan, the caregiver's foster care payment is increased by $200 each month. [This bill] would encourage a custodial non-minor dependent parent living in a SILP to enter into a "Parenting Support Plan" with an identified responsible adult, such as a mentor or relative. The plan would identify ways in which the responsible adult will assist the youth and his/her baby. Upon completion of the plan, the custodial non-minor dependent parent's foster care payment would be increased by $200 each month. AB 2668 Page 6 Staff comments : This measure authorizes a parenting NMD to participate in a "shared responsibility plan" when placed into a SILP. SILPS are relatively new placements that are reserved for older foster youth who are 16 years of age and over. They allow minor dependents and NMDs to live independently in their own domicile, but with a nearby caregiving adult to help provide supervision for the youth, but also to act as a mentor as the youth transitions into adulthood. With the implementation of the FCSA, there has been a need to bring various parts of the child welfare statute into compliance with the evolving placements that have since become available. This bill simply allows a parenting NMD who lives independently in accordance with his or her SILP to participate in a shared responsibility plan. The purpose this plan is to provide the parenting NMD with an older caregiver who can help play the 'grandparent' or older parent role for both the parenting NMD and his or her child. In essence, it can be viewed as purely a compliance measure. However, under the existing shared responsibility plan, the 'identified responsible adult' is the foster caregiver with whom the parenting minor dependent has been placed. The caregiver in this arrangement is required to have his or her home certified as a foster family home and undergo required training and a criminal background check. In order to bring this measure into alignment with the existing shared responsibility plan program, while acknowledging that the parent is a NMD in extended foster care, there remains a need to ensure that the 'identified responsible adult' who will serve in the mentoring pseudo-grandparent role meets a minimum level of qualifications and criteria to serve in that role. RECOMMENDED AMENDMENTS : In recognition that there should be a minimum level of criteria and qualifications expected of an 'identified responsible adult,' the bill should be amended to require the adult to meet fundamental health and safety requirements, such as a criminal background check and a health clearance, such as a tuberculosis test. The bill should be additionally amended to require DSS to convene a stakeholder working group to develop guidance via an All-County Letter as to additional criteria and training an 'identified responsible adult' should comply with prior to being eligible to serve in that capacity for a parenting NMD in a AB 2668 Page 7 SILP. REGISTERED SUPPORT / OPPOSITION : Support Alameda County Foster Youth Alliance Alliance for Children's Rights American Federation of State, County and Municipal Employees (AFSCME) California Alliance of Child and Family Services California CASA California Coalition of Youth (CCY) Children's Advocacy Institute Children's Rights Project at Public Counsel East Bay Children's Law Offices First Place for Youth Mission Focused Solutions Optimist Youth Homes and Family Services San Francisco Counsel for Families & Children Youth Law Center Opposition None on file. Analysis Prepared by : Chris Reefe / HUM. S. / (916) 319-2089