BILL ANALYSIS Ó
AB 2668
Page 1
ASSEMBLY THIRD READING
AB 2668 (Quirk-Silva)
As Amended May 7, 2014
Majority vote
HUMAN SERVICES 6-0 APPROPRIATIONS 13-4
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|Ayes:|Stone, Maienschein, |Ayes:|Gatto, Bocanegra, |
| |Ammiano, | |Bradford, |
| |Ian Calderon, Garcia, | |Ian Calderon, Campos, |
| |Hall | |Eggman, Gomez, Holden, |
| | | |Linder, Pan, Quirk, |
| | | |Ridley-Thomas, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Bigelow, Donnelly, Jones, |
| | | |Wagner |
| | | | |
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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 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 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.
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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 she or he will provide, as specified.
7)Requires the plan to include, but not be limited to,
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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee on-going costs likely in the range of $60,000 to
$75,000 ($40,000 to $55,000 General Fund), depending on
caseload, to provide a $200 monthly supplement to parenting
foster youth ages 18 to 20. The Department of Social Services
reports there are currently 25 cases in a supervised independent
living plan. Social worker time and background checks for the
responsible adult are included in the figures.
COMMENTS :
California Fostering Connections to Success Act of 2010 (FCSA):
AB 12 (Beall) 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) (Public Law 110-351). Specifically, the
California Fostering Connections to Success Act:
1)Re-enacted California's existing state and county-funded
Kinship Guardianship Assistance Payment program to align it
with new federal requirements and allow the state to bring
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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 "non-minor
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
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 non-minor 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;
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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 two to three
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 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
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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.
Analysis Prepared by : Chris Reefe / HUM. S. / (916) 319-2089
FN: 0003557