BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2668|
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THIRD READING
Bill No: AB 2668
Author: Quirk-Silva (D)
Amended: 8/19/14 in Senate
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 4-0, 6/24/14
AYES: Beall, DeSaulnier, Liu, Wyland
NO VOTE RECORDED: Berryhill
SENATE APPROPRIATIONS COMMITTEE : 5-0, 8/14/14
AYES: De León, Hill, Lara, Padilla, Steinberg
NO VOTE RECORDED: Walters, Gaines
ASSEMBLY FLOOR : 61-14, 5/28/14 - See last page for vote
SUBJECT : Foster care: nonminor dependent parents
SOURCE : Author
DIGEST : This bill, on or after July 1, 2015, authorizes the
development of a parenting support plan between a nonminor
dependent (NMD) parent who resides in a supervised independent
living placement (SILP), an identified responsible adult who has
agreed to act as a parenting mentor, and a representative of the
county child welfare agency or probation department; requires an
NMD who develops a parenting support plan to provide a copy of
the plan to the county child welfare agency or probation
department and inform these entities of subsequent changes to
the plan; and requires that, after completion and approval of
the plan and a determination by the county agency, the payment
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to the NMD parent be increased by an additional $200 per month.
Also, requires the Department of Social Services (DSS) to
convene a working group to develop and issue an all-county
letter (ACL) specifying the minimum criteria a person must meet
in order to serve as an identified responsible adult to an NMD
parent, as specified.
ANALYSIS :
Existing law:
1.Provides that when a child is living with a parent who
receives foster care or Kin-GAP benefits, the rate paid to the
provider on behalf of the parent includes an amount for care
and supervision of the child.
2.Provides for specified payments in instances in which a child
is living with a teen parent in a whole family foster home, as
defined, and requires the same rate to be paid for a child
living with an NMD parent who is eligible to receive AFDC-FC
or Kin-GAP benefits, as specified. Provides that an NMD may
receive all of his/her AFDC-FC or Kin-GAP payments directly
provided that he/she is living independently in a supervised
placement.
3.Defines "whole family foster home" to mean a new or existing
family home, approved relative caregiver or nonrelative
extended family member's home, the home of a nonrelated legal
guardian, certified family home, or a host family home
placement of a transitional housing placement provider, that
provides foster care for a minor or NMD parent and his/her
child, and is specifically recruited and trained to assist the
minor or NMD parent in developing the skills necessary to
provide a safe, stable, and permanent home for his/her child.
4.Requires, in instances in which a child is living with a teen
parent in a whole family foster home, that a written shared
responsibility plan be developed between the parent, his/her
caregiver, and a representative of the county or other agency
providing direct supervision to the caregiver.
5.Requires that once this plan has been completed and provided
to the appropriate agencies, the payment made to the caregiver
be increased by an additional $200 per month to reflect the
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increased care and supervision of the child.
6.Defines NMD as a current or former foster youth who is 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.
7.Defines "teen parent" to include an NMD with a child who is
living in a whole foster family home and is eligible for
AFDC-FC or Kin-GAP payments. While NMD parents placed in
foster homes are provided with the monthly supplement, this
bill provides for the provision of the supplement to NMD
parents residing in SILPs, subject to the development of a
parenting support plan.
This bill:
1.Authorizes, on or after July 1, 2015, the development of a
parenting support plan between an NMD parent who resides in a
SILP, an identified responsible adult who has agreed to act as
a parenting mentor, and a representative of the county child
welfare agency or probation department.
2.Requires an NMD residing in a SILP, who develops a written
parenting support plan to provide the county child welfare
agency or probation department with a copy of the plan and
advise the agency or department of any subsequent changes to
the plan. Defines an NMD parent as an NMD residing in a SILP
who is a parent.
3.Provides for an additional $200 monthly payment to the NMD
parent if (a) the plan has been completed and provided to the
appropriate county agency, (b) the plan is approved by the
appropriate county agency, and (c) the county agency
determines that the identified responsible adult meets
specified criteria.
4.Provides that when the child of an NMD parent is not subject
to the jurisdiction of the dependency court, but is in the
full or partial custody of the NMD, a written parenting
support plan may be developed between the NMD parent and an
identified responsible adult who has agreed to act as a
parenting mentor to the NMD parent.
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5.Requires the plan, if developed, to be developed between the
NMD parent, the identified responsible adult, and a
representative of the county child welfare agency or probation
department.
6.Requires the plan to be developed as soon as practicably
possible, however, if one or more stakeholders are not
available to participate in the development of the plan within
the first 30 days of the NMD's request to enter into the plan,
the NMD parent and identified responsible adult may enter into
a plan for the purposes of fulfilling the requirements to
receive payment, and the plan may be modified at a later time
when other individuals become available.
7.Requires a person wishing to become an identified responsible
adult to an NMD parent to meet minimum established criteria,
be at least 21 years of age, and undergo a criminal records
check and a Child Abuse Central Index check.
8.Provides that the parenting support plan shall be written for
the express purpose of identifying additional support and
assisting the NMD parent in providing the best care plan for
his/her child.
9.Requires DSS to convene a workgroup no later than February 1,
2015, that includes representative from the County Welfare
Directors Association and child welfare advocates to develop
an ACL that specifies minimum criteria a person must meet in
order to serve as an identified responsible adult to an NMD
parent. Requires the workgroup to issue the letter to all
counties by June 30, 2015.
Comments
According to the author, 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. The author
states that studies of both groups have found that they will
experience higher than average rates of poverty and unemployment
and low educational attainment. The author cites one 2013
study, published by the Conrad N. Hilton Foundation, which found
that the rates of abuse and neglect among children born to teens
with a history of maltreatment are two to three times higher
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than the rates of children whose teen mothers had no child
welfare involvement. The author states 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.
Additionally, the author states that a new placement option
available to NMDs remaining in extended foster care, known as a
Supervised Independent Living Placement (SILP), enables NMDs to
live without a caregiver in an apartment, rented room, dorm
room, etc. The author states that, 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 NMDs.
The author states that, unlike most young parents, foster youth
who become parents at an early age typically cannot turn to
their own parents for emotional support, or for 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Near-term annual costs of about $60,000 to $75,000 (General
Fund*) to provide an additional $200 monthly payment to 25 to
30 NMD parents residing in SILPs.
Unknown net future ongoing fiscal impact (General Fund*) on
foster care placements of NMD parents, to the extent there is
a shift in NMD parent placements from whole foster family
homes to SILPs.
Potential minor ongoing increase in social worker activities
(General Fund*) to participate in the development of NMD
parenting support plans.
One-time costs (General Fund) to DSS to convene the work group
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and develop minimum criteria for identified responsible
adults.
Negligible costs (Special Fund**) to the Department of Justice
for background checks of identified responsible adults, to be
offset by the authority to charge fees.
Unknown, potential ongoing increase in DSS or county child
welfare agency and county probation department administrative
costs (General Fund*) for screening and oversight of
identified responsible adults. Costs would be dependent on
the criteria developed by the workgroup.
* Pursuant to Proposition 30 (November 2012) any 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
(including child welfare services and foster care) only apply
to local agencies to the extent that the state provides annual
funding for the cost increase.
**Fingerprint Fee Account
SUPPORT : (Verified 8/18/14)
AFSCME
Alameda County Foster Youth Alliance
Alliance for Children's Rights
American Civil Liberties Union of California
California Alliance of Child and Family Services
California CASA
California Coalition of Youth
Children's Advocacy Institute
Children's Rights Project at Public Counsel
Coalition for Youth
County Welfare Directors Association of California
Crittenton
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
West Coast Children's Clinic
Youth Law Center
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ARGUMENTS IN SUPPORT : The author's office states, that 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's parent's child, and
identifies supportive services to be offered to the teen parent.
Upon completion and approval of the plan, the caregiver's
foster care payment is increased by $200 each month. This bill
similarly encourages a custodial NMD 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 their child. Upon completion of the plan, the
custodial NMD parent's foster care payment would be increased by
$200 each month.
ASSEMBLY FLOOR : 61-14, 5/28/14
AYES: Achadjian, Alejo, Ammiano, Bloom, Bocanegra, Bonilla,
Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau,
Chávez, Chesbro, Cooley, Dababneh, Daly, Dickinson, Eggman,
Fong, Frazier, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gray,
Hall, Roger Hernández, Holden, Jones-Sawyer, Levine, Linder,
Lowenthal, Maienschein, Medina, Mullin, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Perea, John A. Pérez, V. Manuel Pérez,
Quirk, Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas,
Skinner, Stone, Ting,
Waldron, Weber, Wieckowski, Williams, Yamada, Atkins
NOES: Allen, Bigelow, Conway, Donnelly, Beth Gaines, Grove,
Hagman, Harkey, Jones, Logue, Melendez, Patterson, Wagner,
Wilk
NO VOTE RECORDED: Dahle, Fox, Gorell, Mansoor, Vacancy
JL/MW:em 8/19/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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