BILL ANALYSIS �
SB 343
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Date of Hearing: June 25, 2013
ASSEMBLY COMMITTEE ON JUDICIARY
Bob Wieckowski, Chair
SB 343 (Yee) - As Amended: June 20, 2013
PROPOSED CONSENT
SENATE VOTE : 39-0
SUBJECT : DEPENDENT CHILDREN: DOCUMENTS AND SERVICES
KEY ISSUE : IN ORDER TO help foster youth MORE SUCCESSFULLY
transition FROM the dependency system TO ADULTHOOD, SHOULD they
receive important documents, services and information prior to
their emancipation from the dependency system?
FISCAL EFFECT : As currently in print this bill is keyed fiscal.
SYNOPSIS
Each year in California, about 5,000 youth emancipate from
foster care. The immediate outcomes for these young adults are
sobering. Studies have shown that, when compared to other young
adults, former foster youth are less likely to complete high
school, attend college or be employed. They are also at a
higher risk for homelessness and incarceration. In an effort to
ensure foster youth are better prepared to face the challenges
of adulthood, the Legislature has passed a number of laws which
require that specified information, documents and services are
available to dependents prior to emancipation from the
dependency system. This bill, sponsored by the Children's Law
Center of California, and supported by, among others, Children's
Advocacy Institute, Family Law Section of the State Bar and
California State PTA, adds to that by requiring that certain
information be provided earlier in order to better assist the
youth and that nonminors who remain in the dependency system
until up to 21 continue to get needed information and services
prior to fully exiting the system. This bill has no known
opposition.
SUMMARY : Requires that specified information and services be
provided to foster youth as they near emancipation from the
dependency system. Specifically, this bill :
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1)Requires, at the first regularly scheduled court hearing after
a dependent child has reached age 16, the county welfare
department to submit a report verifying that the following
information, documents and services have been provided to the
child:
a) 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; and
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 reaching 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, listed in # 1), above;
b) A letter including the following information: the
youth's name and date of birth; the dates during which the
youth was within the jurisdiction of the juvenile court; a
statement that the youth was a foster youth in compliance
with financial aid documentation requirements; any
applicable death certificates for the youth's parents; any
applicable proof of the youth's citizenship or legal
residence; an advance health care directive form, the
Judicial Council form that the youth would use to file a
petition to resume dependency jurisdiction; and the written
90-day transition plan;
c) Referrals to transitional housing or assistance in
securing other housing as specified;
d) Assistance in maintaining relationships with persons
important to a youth, as specified; and
e) The whereabouts of any siblings under the jurisdiction
of the juvenile court, except as specified.
3)Reorganizes requirements for termination of dependency
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jurisdiction over a nonminor.
EXISTING LAW :
1)Provides that a child may become a dependent of the juvenile
court and removed from his or her parents or guardian on the
basis of abuse or neglect. (Welfare & Institutions Code
Section 300. Unless stated otherwise, all further statutory
references are to that code.)
2)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. Provides that a
nonminor dependent retains all of his or her legal
decision-making authority as an adult, except as specified.
(Section 303.)
3)Requires the status of every dependent in foster care to be
reviewed by the court at least once every six months, as
specified. Requires that the regular status review of a child
or nonminor dependent in foster care consider the progress in
providing the information and documents including the
dependent's social security card, certified copy of birth
certificate, and driver's license or identification card.
(Sections 366, 366.3, and 391.)
4)Provides that a nonminor ages 18-21 shall continue to receive
foster care assistance under certain conditions, including
that one or more of the following conditions exist:
a) The nonminor is working toward their high school
education or an equivalent credential;
b) The nonminor is enrolled in a postsecondary institution
or vocational education program;
c) The nonminor is participating in a program or activity
designed to promote or remove barriers to employment;
d) The nonminor is employed for at least 80 hours per
month; and,
e) The nonminor is incapable of doing any of the activities
described above, due to a medical condition, and that
incapability is supported by regularly updated information.
(Section 11403.)
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5)Prohibits a dependency court from terminating jurisdiction
over a nonminor until a hearing is conducted, as specified.
At any termination hearing, requires the county welfare
department to submit a report that verifies that the following
information has been provided to the nonminor:
a) Written information about the nonminor's dependency
case, including family history, Indian heritage, available
family photographs, whereabouts of siblings under the
jurisdiction of the juvenile court and information on how
to access his or her case file;
b) Essential personal documents including the social
security card, a certified copy of the birth certificate, a
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 and a written 90 day transition plan;
c) A letter containing information about the nonminor
including name, date of birth and the dates during which
the nonminor was a foster youth; and
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, as specified. (Section 391.)
COMMENTS : Each year in California, about 5,000 youth emancipate
from foster care, by far the largest number of any state, with
approximately 52,000 Californians emancipating from foster care
over the past ten years. The immediate outcomes for these young
adults are sobering. Studies have shown that, when compared to
other young adults of the same age and race, former foster youth
are less likely to complete high school, attend college or be
employed. They are also at a greater risk for homelessness and
for involvement with the criminal justice system. (See Public
Policy Institute of California, Foster Care in California,
2010.)
In an effort to ensure former foster youth are better prepared
to face the challenges of adulthood, the Legislature has passed
a number of laws which required that specified information,
documents, and services are available to foster youth prior to
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emancipation from the dependency system, traditionally at 18
years of age. AB 686 (Aroner), Chap. 911, Stats. 2000, requires
the county child welfare department to verify to the court that
it has provided specified information and services, including
the social security card, certified birth certificate,
identification card, death certificate of parent or parents, and
proof of citizenship or residence, to the dependent prior to
termination of the court's jurisdiction, and authorizes the
court to continue jurisdiction if the information is not
provided, as specified. That bill also requires that a
dependent receive assistance in completing an application for
Medi-Cal or other health insurance, assistance in securing
housing and assistance in obtaining employment or other
financial support prior to emancipation.
Other legislation has sought to help better prepare foster youth
for adulthood. Successful legislation has emphasized the
importance of ongoing relationships for foster children and
requires that reasonable efforts be made to maintain a dependent
child's relationships with individuals important in their lives.
(AB 408 (Steinberg), Chap. 813, Stats. 2003; AB 2807
(Steinberg), Chap. 810, Stats. 2004.) In addition, AB 2310
(Maze and Bass), Chap. 131, Stats. 2008, requires that the
written information provided to a youth prior to the court's
termination of jurisdiction, include information regarding the
child's Indian heritage if applicable, and any photographs of
the child or his or her family in the possession of the
department. AB 12 (Beall and Bass), Chap. 559, Stats. 2010,
enacted the California Fostering Connections to Success Act,
which authorizes the juvenile courts to exercise jurisdiction
over nonminor dependents between the ages of 18 to 21 if they
meet specified criteria.
This bill seeks to help foster youth more successfully
transition out of the dependency system, whether at 18 or 21
years of age, by requiring that they receive important
documents, services and information prior to their emancipation
from the dependency system. In support of the bill, the author
states:
As a result of California's expansion of foster care, which
allows nonminors to remain voluntarily in the system up to
age 21, many youth will remain in foster care long after
they have legally reached adulthood. Current law ensures
that essential personal documents belonging to a foster
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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,
but now for many youth occur at age 21.
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.
Additionally, providing certain components of this
information earlier than 18, at age 16, will support youth
in their transition to independence. Specifically, youth
need support finding employment or preparing to apply for
college or to a vocational education program prior to age
18 in order to 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.
This bill provides foster youth with the information and access
to resources prior to emancipation from the foster care system .
Current law requires the juvenile court to conduct a hearing
prior to terminating jurisdiction over a foster youth. At this
hearing the court must determine, among other things, that
specific information has been included in a report by the
county, and that the youth has received particular documents and
services. Among the information included in the report is a
transitional living case plan for the youth, family history
documents and photographs, any known information regarding the
dependent's Indian heritage or tribal connections, and the
whereabouts of any siblings under the jurisdiction of the
juvenile court. Among the documents that the dependent must
receive are: the social security card, driver's license or
identification card, a certified copy of his or her birth
certificate, a health and education summary and a letter
prepared by the county which includes important documents
related to the youth's history and future. This bill seeks to
ensure that foster youth receive these important documents and
services earlier to help them better transition to adulthood.
In support of this bill, the Children's Advocacy Institute
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writes:
To successfully transition out of the child welfare system
at 21, an individual requires the level of assistance that
is lacking in the absence of a loving parent or guardian.
Specifically, these youth may need assistance in seeking
employment or enrolling in a college or vocational
educational program. Additionally, these youth may require
support as they apply for or receive documentation, such
as: a driver's license, social security card, or financial
aid eligibility documentation. Most importantly, this
assistance must be provided in a timely
manner-significantly prior to the time in which the youth
is scheduled to age out of the child welfare system-to
ensure the most successful life outcomes for California's
foster youth.
SB 343 will increase efficiency and success in the
transition process by requiring that the county report that
verifies transitioning youth have received essential
documents is submitted at the first regularly scheduled
hearing after the youth turns the age of 16, and again at
18. This small, but important, change will provide
additional and necessary time to prepare a youth for the
transition process.
This bill requires that at the first regularly scheduled court
hearing after a foster youth has reached 16 years of age, the
county child welfare department submit a report verifying that
the following information, documents and services have been
provided to the youth: (1) the social security card; (2)
certified copy of the birth certificate; (3) driver's license or
identification card; (4) assistance in obtaining employment; (5)
assistance in applying for, or preparing to apply for, college
or other educational institution, and in obtaining financial
aid; and (6) information notifying the youth of his or her right
to be granted preference for student assistant or internship
positions with state agencies.
These particular documents and assistance provide the foster
youth with the information needed to engage in a number of
activities that are critically important as the youth
transitions to adulthood, including college preparation,
vocational training and employment. Many employers require a
driver's license, social security card (or copy of birth
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certificate) before a potential employee may begin work.
Additionally, similar documentation may be required to open a
bank account, apply for financial aid or register to take exams,
such as the Scholastic Assessment Test (SAT). Requiring that
youth begin to receive this critical information and assistance
at the age of 16 is more appropriate than at 18 or 21 years of
age, because many opportunities surface prior to legal
adulthood. College placement tests are often administered prior
to high school graduation and most students start planning their
college career while still in high school. Also, youths as
young as 14 or 15 are authorized to engage in part-time
employment with a work permit. Arguably, equipping minor
dependents with these documents and assistance would give them
opportunities to plan for their future.
This bill requires the county welfare department, at the first
regularly scheduled hearing immediately prior to a dependent
turning 18 years of age, and at every hearing after that, submit
a report describing efforts made toward providing the following
information, documents, and services to the foster youth:
All documents, information, and assistance required to
be provided to the youth at 16 years of age (discussed
above);
A letter including the following information: the
youth's name and date of birth; the dates during which the
youth was within the jurisdiction of the juvenile court; a
statement that the youth was a foster child in compliance
with financial aid documentation requirements; any
applicable death certificates for the youth's parents;
proof of citizenship of legal residence; an advance health
care directive form; a written 90-day transition plan;
Assistance in maintaining relationships with persons
important to the youth, as specified; and
The whereabouts of any siblings under jurisdiction of
the juvenile court, as specified.
Under current law, prior to exiting the dependency system a
foster youth must receive all of the information that this bill
parcels out at 16 and 18 years of age. Thus, the documents and
information listed immediately above represent the remaining
information which, under the provisions of this bill, the youth
did not receive at 16 years of age.
The documents, information, and assistance that would be
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available to a foster youth under this bill, prior to attaining
18 years of age, are imperative as a youth makes his or her
final steps toward legal independence. An advance health care
directive, for example, is a set of written instructions that
specify what actions should be taken for an individual's health
if he or she is no longer able to make decisions due to illness
or incapacity. Providing a foster youth with this form empowers
the youth to start planning for the future in a meaningful way.
Likewise, providing a foster youth with a 90-day transition plan
should aid the youth in his or her transition out of dependency,
when the youth emancipates.
ARGUMENTS IN SUPPORT : In support of the bill, Aspiranet writes:
"Most foster youth leaving the system do not have a good
support system that would prevent them from becoming homeless or
entering the criminal justice system. We need to give them the
best opportunity to succeed and successfully transition into
adulthood by removing barriers such as the lack of
identification records and documents."
Children's Law Center of California adds that the bill "is a
common sense measure . . . to ensure that our child welfare
system is doing its best to prepare young adults in foster care
for a successful transition to independence."
REGISTERED SUPPORT / OPPOSITION :
Support
Children's Law Center of California (sponsor)
American Federation of State, County and Municipal Employees
(AFSCME), AFL-CIO
Aspiranet
Children's Advocacy Institute
California Alliance of Child and Family Services
Dependency Legal Group of San Diego
Family Law Section of the State Bar
California State PTA
Opposition
None on file
Analysis Prepared by : Leora Gershenzon / JUD. / (916) 319-2334
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