BILL ANALYSIS �
SENATE HUMAN
SERVICES COMMITTEE
Senator Leland Y. Yee, Chair
BILL NO: SB 343
S
AUTHOR: Yee
B
VERSION: April 3, 2013
HEARING DATE: April 9, 2013
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FISCAL: Yes
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CONSULTANT: Sara Rogers
SUBJECT
Dependent children: Personal documents
SUMMARY
This bill revises and recasts current law which specifies
the documents and information required to be provided to a
dependent youth prior to terminating dependency. This bill
requires this information to be provided at the first
regularly scheduled hearing after the youth as reached age
18, rather than at termination of dependency.
Additionally, this bill requires the same information be
provided to dependent youth at age 16, as specified.
ABSTRACT
Existing Law:
1.Requires the state, through the Department of Social
Services (DSS) and county welfare departments, to
establish and support a public system of child welfare
services to protect and promote the welfare of children.
(WIC 16500)
2.Provides that any child who has suffered, or is at risk
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of suffering, serious physical or emotional harm, as
defined, shall be within the jurisdiction of the juvenile
court which may adjudge that person to be a dependent
child of the court, as specified. (WIC 300)
3.Requires the status of every dependent in foster care to
be reviewed by the court no less frequently than once
every six months, as specified. (WIC 366)
4.Requires that the regular status review of a child or
nonminor dependent in foster care consider the progress
in providing the information and documents required under
WIC Section 391. (WIC 366.3)
5.Requires that at the last review hearing to be held
before a minor attains 18 years of age, the report
provided by the county welfare department shall describe
efforts made toward completing specified items under WIC
391. (WIC 366.31)
6.Provides that, as of January 1, 2012, the court may have
within its jurisdiction any nonminor dependent, between
the age of majority and 21 years, as defined. (WIC 303)
7.Permits a court to terminate its dependency, delinquency,
or transition jurisdiction over a nonminor dependent
between the time the nonminor reaches the age of majority
and 21 years of age. (WIC 303)
8.Provides that a nonminor dependent shall retain all of
his or her legal decisionmaking authority as an adult,
except as specified. (WIC 303)
9.Prohibits a dependency court from terminating
jurisdiction over a nonminor until a hearing is
conducted, as specified. (WIC 391)
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10.At any termination hearing, requires a county welfare
department to submit a report that verifies that the
following information has been provided to the nonminor
(WIC 391):
a. Written information about the nonminors
dependency case, including family history, Indian
heritage, available family photographs (except as
specified), whereabouts of siblings under the
jurisdiction of the juvenile court (except as
specified), information on how to access their case
file.
b. Essential personal documents including the
social security card, a certified copy of the birth
certificate, the health and education summary (as
specified), driver's license or identification card,
any applicable death certificates for the nonminor's
parents, proof of citizenship, an advance health
care directive, forms used to resume dependency, the
written 90 day transition plan.
c. A letter containing information about the
nonminor including their name and date of birth, the
dates during which the nonminor was a foster youth.
d. Referrals to transitional housing, assistance
in obtaining employment or other financial support,
assistance in applying to college or to a vocational
education program, assistance in maintaining
relationships with individuals who are important to
the nonminor, assistance in accessing the
Independent Living Aftercare Program, and other
information.
This bill:
1.Requires, at the first regularly scheduled court hearing
after a dependent child has reached age 16 years or
older, a county welfare department to submit a report
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verifying that the following information, documents and
services have been provided to the child:
a. The social security card.
b. Certified copy of the birth certificate.
c. Driver's license.
d. Assistance in obtaining employment.
e. Assistance in applying for, or preparing to
apply for, college or other educational institution
and in obtaining financial aid.
f. Information notifying the child of his or her
right to be granted preference for student assistant
or internship positions with state agencies.
2.Requires, at the first regularly scheduled court hearing
immediately prior to a dependent child attaining 18 years
of age, and at every hearing thereafter, the county
welfare department to submit a report describing efforts
made toward providing the following information,
documents and services to the child:
a. All of the documents, information and
assistance required to be provided at age 16.
b. A letter including the following information:
the nonminors name and date of birth; the dates
during which the nonminor was within the
jurisdiction of the juvenile court; a statement that
the nonminor was a foster youth in compliance with
financial aid documentation requirements; any
applicable death certificates for the nonminor's
parents; any applicable proof of the nonminor's
citizenship or legal residence; an advance health
care directive form, the Judicial Counsel form that
the nonminor would use to file a petition to resume
dependency jurisdiction; and the written 90-day
transition plan.
c. If applicable and available, referrals to
transitional housing or assistance in securing other
housing.
d. Assistance in maintaining relationships with
persons important to a nonminor, as specified.
e. The whereabouts of any siblings under the
jurisdiction of the juvenile court, except as
specified.
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3.Rearranges the remaining existing provisions for
termination proceedings.
FISCAL IMPACT
This bill has not been analyzed by a fiscal committee.
BACKGROUND AND DISCUSSION
Purpose of the bill
According to the author, current law ensures that essential
personal documents belonging to a foster youth such as the
social security card, copy of the birth certificate, and
other important information are provided to a foster youth
at his or her dependency termination proceedings which,
prior to 2012, was generally at age 18. Due to California's
expansion of foster care, which allows nonminors to remain
voluntarily in the system up to age 21, the author points
out that many youth will remain in foster care long after
they have legally reached adulthood.
The author states that for many nonminor dependents,
information such as the social security card and birth
certificate are critically important to have during the
youth's transition to independence for the purpose of
participating in educational programs, obtaining
independent housing, or securing employment.
The sponsor states that California must ensure that the
child welfare system is as effective as possible in
preparing foster youth to go out in the world on their own
- and to be successful in doing so. The sponsor states that
providing youth or young adults with the important
documentation and support required by current law at an
earlier date will give them a better opportunity for
success.
The author further states that providing certain components
of this information earlier than 18, at age 16, will
support youth in their transition to independence.
Specifically, according to the author, youth need support
finding employment or preparing to apply for college or to
a vocational education program prior to age 18 in order to
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ensure the greatest opportunities for success.
Post-secondary or financial aid applications must generally
be submitted significantly in advance of graduation and a
youth's decisions in this regard require planning far in
advance of submitting the application.
Existing federal law, recognizing the need to prepare
foster youth for financial independence and to protect
youth against credit fraud, requires states to provide
foster youth who reach age 16 with a copy of their credit
report and requires states to assist a youth in
interpreting the credit report and resolving inaccuracies.
Comments:
Some concern has been raised that providing documents, such
as the social security card, or the birth certificate to
youth age 16 may be too young and that such documents may
be lost or stolen, especially considering these youth may
be likely to change placements frequently. The author has
stated his intent to work with counties and other advocates
to ensure that youth are provided with documents they need
to apply for certain jobs or programs, without creating
unintended consequences for the youth.
POSITIONS
Support: Children's Law Center California (Sponsor)
Children's Advocacy Institute
California Alliance of Child and Family
Services
Dependency Legal Group of San Diego
Executive Committee of the Family Law
Section of the State Bar (FLEXCOM)
Oppose: None received
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