BILL ANALYSIS �
SB 343
Page 1
Date of Hearing: July 2, 2013
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Mark Stone, Chair
SB 343 (Yee) - As Amended: June 20, 2013
SENATE VOTE : 39-0
SUBJECT : Dependent Children: documents
SUMMARY : Requires specific information be provided to minors
and nonminors in foster care and recasts and revises Section 391
of the Welfare and Institutions Code (WIC) regarding the
termination of a minor or nonminor's dependency jurisdiction.
Specifically, this bill :
1)Requires a county welfare agency (CWA), at a dependent child's
first regularly scheduled court hearing after he or she turns
16 years of age, to submit a report verifying that the
following information, documents, and services have been
provided to the minor:
a) Social security card;
b) Certified copy of the birth certificate;
c) Driver's license, as specified;
d) Assistance in obtaining employment;
e) Assistance in preparing and applying for admission to a
postsecondary educational institution or vocational
training program; and
f) Information notifying the minor of his or her right to
be granted preference for a student assistant or internship
position with state agencies.
2)Reorganizes the requirements for the termination of a
nonminor's dependency jurisdiction.
EXISTING LAW
1)States that the purpose of foster care law is to provide
maximum safety and protection for children who are currently
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being physically, sexually, emotionally abused, neglected, or
exploited, and to ensure the safety, protection, and physical
and emotional well-being of children who are at risk of harm.
(WIC 300.2)
2)States the intent of the Legislature to preserve and
strengthen a child's family ties whenever possible and to
reunify a foster youth with his or her biological family
whenever possible, or to provide a permanent placement
alternative, such as adoption or guardianship. (WIC 300.2)
3)Allows a juvenile court to adjudge a child a ward or a
dependent of the court for specified reasons, including but
not limited to if the child has been left without any
provision for support, as specified. (WIC 300)
4)Establishes a state and local system of child welfare
services, including foster care, for children who have been
adjudged by the court to be at risk or have been abused or
neglected, as specified. (WIC 202)
5)Requires a foster youth's case plan to include a summary of
health and education information or records, including the
child's mental health information, in the form of a health and
education passport (Passport). (WIC 16010)
6)Requires the Passport to include, but not be limited to the
following information:
a) Names and addresses of the child's health, dental, and
education providers;
b) The child's grade level performance;
c) The child's school record;
d) Assurances that the child's placement in foster care
takes into account proximity to the school in which the
child is enrolled at the time of placement;
e) The number of school transfers the child has already
experienced;
f) The child's educational progress, as demonstrated by
factors, including, but not limited to, academic
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proficiency scores;
g) Credits earned toward graduation;
h) A record of the child's immunizations and allergies;
i) The child's known medical problems;
j) The child's current medications, past health problems,
and hospitalizations;
aa) A record of the child's relevant mental health history;
bb) The child's known mental health condition and
medications; and
cc) Any other relevant mental health, dental, health, and
education information concerning the child determined to be
appropriate by the Director of the Department of Social
Services (DSS).
7)Under federal and state law, provides for specific privacy
protections for children in foster care and for pupils
enrolled in the public education system. (EC 49076 and
49076.5)
8)Requires a county welfare agency (CWA), at a nonminor
dependent's hearing immediately prior to the child becoming 18
years of age, to submit a report verifying that the following
information, documents, and services have been provided to the
minor:
a) Social security card;
b) Certified copy of the birth certificate;
c) Driver's license, as specified;
d) Assistance in obtaining employment and financial
assistance;
e) Assistance in preparing and applying for admission to a
postsecondary educational institution or vocational
training program;
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f) Information notifying the minor of his or her right to
be granted preference for a student assistant or internship
with state agencies; and
g) A letter prepared by the CWA that includes the following
information:
i) The minor or nonminor's name and date of birth;
ii) The dates during which the minor or nonminor was
under juvenile court jurisdiction:
iii) A statement that the minor or nonminor was a foster
youth in compliance with state and federal and financial
aid documentation requirements;
iv) If applicable, the death certificate of the minor or
nonminor's parent(s);
v) If applicable, proof of the minor or nonminor's
citizenship or legal residence.
vi) An advance health care directive form;
vii) The Judicial Council form that the minor or nonminor
would use to petition for re-entry into dependency
jurisdiction;
viii) The minor or nonminor's written 90-day transition
plan;
ix) Referrals to transitional housing or assistance in
securing other housing as specified;
x) Assistance in maintaining relationships with persons
important to a youth, as specified; and
xi) The whereabouts of any siblings under the
jurisdiction of the juvenile court, except as specified.
(WIC 391)
1)Requires a CWA to request a consumer credit disclosure for a
foster youth when the youth reaches his or her 16th birthday
and ensure that the youth receives assistance with his or her
credit disclosure, as specified. (WIC 10618.6)
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FISCAL EFFECT : Unknown
COMMENTS : According to the California Child Welfare Indicators
Project (CCWIP), which is a collaborative data collection and
dissemination system operated between the University of
California at Berkeley (UCB) and DSS, between 6,000 and 7,000
youth between the ages of 16 and 21 have exited the state's CWS
each year over the past three years. Unfortunately, the
outcomes for foster youth are bleak. A November 2011 University
of Pennsylvania's School of Social Policy and Practice study of
young adult outcomes of youth who aged-out of or otherwise
exited Los Angeles County's child welfare supervised foster care
system and/or juvenile probation system found that:
25% of former foster youth were incarcerated by the age
of 20;
65% leave foster care without a place to live, and 27%
of the homeless population spent time in foster care;
Although half complete some college, less than one in
ten former foster youth obtain a degree; and
During the four years after leaving foster care more
than half of the youth have no earnings, and those who do
average an income of only $7,500 per year.
When foster youth emancipate from the CWS system, they are often
not provided access to all of the information they would
otherwise need as adults who had not been in the system, such as
health and educational records. Whereas many children's parents
maintain their child's health and educational records and
provide guidance as to how and when to utilize these records,
foster youth do not have that regular parental support. Rather,
they are faced with having to act as both parent and child for
themselves when it comes to important records.
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 require that specified information,
documents, and services are available to foster youth prior to
emancipation from the dependency system, which traditionally
occurs at 18 years of age. AB 686 (Aroner), Chapter 911,
Statutes of 2000, requires the county child welfare department
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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, under certain circumstances.
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.
Need for the bill
Stating the need of this measure, the author writes:
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, many youth will remain in
foster care long after they have legally reached adulthood.
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.
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.
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Privacy concerns : In an August 2011 report of the California
Office of Privacy Protection entitled "A Better Start: Clearing
Up Credit Records for California Foster Children," it was found
in a sample of youth in foster care in Los Angeles that foster
youth were more likely to have been victims of identity theft
than youth of similar age who were not in foster care. From
this sampling, it was found that five percent of the children
sampled had nearly 250 separate accounts with an average account
due balance of $1,811. On average the accounts were between two
and three years old and were opened when the child was 14 years
of age. A significant number of the accounts were opened with
as little as the youth's social security number. Although firm
conclusions were unable to be made as to whether this is endemic
among all foster youth, it does raise concerns about the
security and safety of personally identifiable information of
children in foster care.
Policy consideration : This measure seeks to allow foster youth
who reach the age of 16 to acquire important and sensitive
documentation to better enable them to prepare for their entry
into adulthood. This is a laudable goal and one that is in the
best interest of the youth. However, could this requirement to
hand over sensitive and difficult to replace legal
documentation, especially a social security card or a certified
copy of a birth certificate, to a dependent minor absolve a CWA
or the state from having to account for that information? Is 16
the appropriate age for a foster youth to be expected to retain
and maintain their own documentation when they already face many
other challenges?
Should the committee choose to pass this measure, it should
encourage the author to consult with the California Department
of Justice's Office of Privacy Enforcement and Protection, other
privacy protection organizations, county welfare agencies,
foster youth advocacy organizations and current and former
foster youth to develop language to protect the confidentiality
of the records authorized to be shared with a minor dependent
and provide information and guidance to foster youth on how to
properly maintain and protect their personal information.
RECOMMENDED AMENDMENT
A certified copy of a birth certificate and an original social
security card are considered vital records, which are sensitive
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and legal documents that require a number of specific steps to
acquire or replace. Recognizing the difficulty and cost it would
place on a CWA, as well as the risks it would present to a
foster youth if lost, this measure should be amended permit
either document to be provided in specified circumstances.
Amendments
1.On page two, line 10 after "card." insert the following
language:
The social security card may only be provided temporarily to
the dependent child for the following purposes:
(A) To enable the dependent child to obtain employment;
(B) To apply for admission to an institution of
postsecondary education or vocational training program;
(C) To apply for financial aid;
(D) To apply for or access public benefits; and
(E) As otherwise permitted by the child's caseworker;
1.On page two, line 11 delete "Certified copy" and replace with
"Copy"
2.On page two, line 11 after "certificate." insert the following
language:
"A certified copy of the dependent child's birth certificate
shall be provided upon request of the dependent child."
SECOND COMMITTEE OF REFERENCE . This bill was previously heard
in the Assembly Judiciary Committee on June 25, 2013, and was
approved on a 10-0 vote.
REGISTERED SUPPORT / OPPOSITION :
Support
California Alliance of Child and Family Services
California State PTA
Children's Advocacy Institute
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Children's Law Center
Dependency Legal Group of San Diego
Executive Committee of the Family Law Section of the State Bar
of California
State Public Affairs Committee (SPAC) of the Junior Leagues of
California
Opposition
None on file
Analysis Prepared by : Chris Reefe / HUM. S. / (916) 319-2089