BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Kevin de Le�n, Chair
SB 343 (Yee) - Dependent children: documents.
Amended: April 3, 2013 Policy Vote: HS 6-0, JUD 7-0
Urgency: No Mandate: Yes
Hearing Date: May 13, 2013 Consultant: Jolie Onodera
This bill meets the criteria for referral to the Suspense File.
Bill Summary: SB 343 would revise and recast existing law
related to the documents, information, and services required to
be provided to a dependent youth prior to terminating
dependency. This bill would require county welfare departments
to submit reports verifying that the county has provided
specified information, documents, and services to a dependent at
the following times:
At the first regularly scheduled hearing after the
youth has attained 16 years of age.
At the first regularly scheduled hearing
immediately prior to the youth attaining 18 years of
age, and at every review hearing thereafter.
At the hearing at which the court is considering
terminating dependency jurisdiction over a nonminor
dependent.
Fiscal Impact: Potential first-year increased state costs
(non-reimbursable) of $580,000 (General Fund), to the extent the
provisions of this bill result in increased county social worker
workload in the first year of implementation. To the extent on
average two hours of time is required for the first cohort of 16
year olds, increased state costs (non-reimbursable) associated
with gathering information, preparing reports, and providing the
required services for 4,000 youth could result. It is assumed
the subsequent year report and information for the youth would
require reduced time, however, that would be offset by the
additional workload incurred as the next cohort of 16-year olds
would be provided this information.
Background: Existing law prohibits the court from terminating
dependency jurisdiction over a nonminor dependent who has
reached 18 years of age until a hearing is conducted and the
county welfare department (CWD) has submitted a report verifying
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that specified information, documents, and services have been
provided to the dependent.
This bill would instead require the CWD to submit a report
verifying that the county has provided specified information,
documents, and services to a dependent at an earlier time,
specifically, at the first regularly scheduled hearing after the
child has attained 16 years of age. Additional information and
services are to be reported at the hearing immediately prior to
the child attaining 18 years of age, and at every review hearing
thereafter, as well as at the hearing terminating dependency
jurisdiction of the nonminor.
Proposed Law: This bill would require, at the first regularly
scheduled court hearing after a dependent child has reached age
16 years of age, a CWD to submit a report verifying that the
following information, documents, and services have been
provided to the child:
Social security card.
Certified copy of the birth certificate.
Driver's license or identification card, as specified.
Assistance in obtaining employment, if applicable.
Assistance in applying for, or preparing to apply for, college
or other educational institution and in obtaining financial
aid.
Written information notifying the child of his or her right to
be granted preference for student assistant or internship
positions with state agencies.
This bill would require, at the first regularly scheduled court
hearing immediately prior to a dependent child attaining 18
years of age, and at every hearing thereafter, the CWD to submit
a report describing efforts made toward providing the following
information, documents, and services to the child:
All of the documents, information and assistance required to
be provided at age 16 listed above.
A letter including the following information: the nonminor's
name and date of birth, dates during which the nonminor was
within the jurisdiction of the 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 Council form that the
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nonminor would use to file a petition to resume dependency
jurisdiction, and the written 90-day transition plan.
Referrals to transitional housing or assistance in securing
other housing as specified.
Assistance in maintaining relationships with persons important
to a nonminor, as specified.
The whereabouts of any siblings under the jurisdiction of the
juvenile court, except as specified.
Related Legislation: AB 212 (Beall) Chapter 459/2011, among
other things, expanded the documents required to be provided to
a court terminating jurisdiction over a dependent to include an
advance health care directive form.
AB 12 (Beall) Chapter 559/2010 authorized the state to exercise
the federal option of the Fostering Connections to Success and
Increasing Adoptions Act of 2008, by extending benefits in the
foster care, Kin-GAP, Fed-GAP, and Adoption Assistance programs
to age 21 for youth who meet specified criteria.
Staff Comments: This bill will result in youth obtaining
critical documents, information, and services at an earlier time
than currently required under existing law. Because these
efforts will be completed sooner during a dependent's stay,
workload to CWDs are projected to be incurred sooner, resulting
in increased costs for CWDs in the initial year of
implementation, when reports for youth who have just turned 16
years old will be required in addition to the existing workload
requiring reports for youth who have turned 18 years old. Staff
notes that the increased workload in the initial year for the
cohort of 16 year olds may result in reduced workload in the
subsequent year for those youth to the extent additional
services and information do not need to be provided. This
reduction in workload will be offset by the increased workload
to provide reports, information, and services for the next
cohort of 16 year olds, and so on. Assuming about 4,000 youth
turn 16 years old each year on average in the foster care
program, and assuming two hours of social worker time to provide
the information and services required to be provided to the
youth at age 16, this would result in increased workload and
costs of $580,000 (General Fund) in the first year of
implementation.
Prior to Fiscal Year (FY) 2011-12, the state and counties
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contributed to the non-federal share of various social service
programs. AB 118 (Committee on Budget) Chapter 40/2011 and ABX1
16 Chapter 13/2011 realigned state funding to the counties
through the 2011 Local Revenue Fund (LRF) for various programs,
including foster care and child welfare services. As a result,
beginning in FY 2011-12 and for each fiscal year thereafter,
non-federal funding and expenditures for these activities
including child foster care and child welfare services are
funded through the LRF.
Proposition 30, passed by the voters in November 2012, among
other provisions, eliminated any potential mandate funding
liability for any new program or higher level of service
provided by counties related to the realigned programs. Although
the provisions of this bill are a mandate on local agencies, any
increased costs would not appear to be subject to reimbursement
by the state. Rather, Proposition 30 specifies that for
legislation enacted after September 30, 2012, that has an
overall effect of increasing the costs already borne by a local
agency for realigned programs, the provisions shall apply to
local agencies only to the extent that the state provides annual
funding for the cost increase.