BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 528|
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THIRD READING
Bill No: SB 528
Author: Yee (D)
Amended: 5/28/13
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 6-0, 4/9/13
AYES: Yee, Berryhill, Emmerson, Evans, Liu, Wright
SENATE JUDICIARY COMMITTEE : 6-1, 4/23/13
AYES: Evans, Walters, Corbett, Jackson, Leno, Monning
NOES: Anderson
SENATE EDUCATION COMMITTEE : 8-0, 5/1/13
AYES: Liu, Wyland, Block, Correa, Hancock, Hueso, Jackson,
Monning
NO VOTE RECORDED: Huff
SENATE APPROPRIATIONS COMMITTEE : 6-0, 5/23/13
AYES: De León, Walters, Hill, Lara, Padilla, Steinberg
NO VOTE RECORDED: Gaines
SUBJECT : Dependents: care and treatment: minor and
non-minor dependent parents
SOURCE : Children's Law Center
John Burton Foundation
Public Council
The Alliance for Children's Rights
DIGEST : This bill adds parenting minor and non-minor
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dependents (foster youth) to the list of families who are
eligible for subsidized state and federal child care and
development services, and makes other changes related to foster
youth.
ANALYSIS : Existing law provides that, in order to be eligible
for federal and state subsidized child care and development
services, a family must be a current aid recipient, income
eligible, homeless, or one whose children are recipients of
protective services or identified as being at risk of being
abused, neglected or exploited and a family must need child care
for one of the following reasons:
1.The child is a recipient of child protective services, is
being, or is at risk of being, neglected, abused or exploited.
2.The parents are engaged in vocational training, employed or
seeking employment, seeking permanent housing, or are
incapacitated.
Existing law establishes priorities for enrollment in federal or
state subsidized child development services as follows:
1.First priority is for neglected or abused children who are
recipients of child protective services, or children who are
at risk of being neglected or abused.
2.Second priority shall be given equally to eligible families
regardless of the number of parents in the home, who are
income eligible. Within this priority, families with the
lowest gross monthly income in relation to family size must be
admitted first. If two or more families are in the same
priority in relation to income, the family that has a child
with exceptional needs to be admitted first.
The California Fostering Connections to Success Act extends
transitional foster care services to eligible youth between 18
and 21 years of age as follows:
1.Effective January 1, 2012, extends foster care to eligible
youth up to their 19th birthday.
2.Effective January 1, 2013, extends foster care to eligible
youth up to their 20th birthday.
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3.Effective January 1, 2014, extends foster care to eligible
youth up to their 21st birthday.
An eligible youth is a non-minor dependent who meets at least
one of the following five conditions:
1.Is completing high school or an equivalency certificate
program.
2.Is enrolled in a postsecondary or vocational educational
institution.
3.Is participating in a program designed to promote, or remove
barriers to employment.
4.Is employed for at least 80 hours per month.
5.Is incapable of doing one of the above due to a medical
condition, and that incapability is supported by case plan
information that is brought up-to-date regularly.
This bill:
1.Adds to the requirements families must meet in order to be
eligible for federal and state subsidized child development
services, one in which one or both parents are foster youth or
non-minor dependents under 21 years of age.
2.Adds to the requirements families must meet in order to be
eligible for foster care, one in which the parents are foster
youth or non-minor dependents.
3.Establishes that if two or more families are in the same
priority in relation to income, the family that has a child
with exceptional needs, or the family in which one or both
parents are foster youth or non-minor dependents under 21
years of age, is required to be admitted first to receive
federal and state subsidized child development services.
Grants priority enrollment for families in which one or both
parents are foster youth or non-minor dependents under 21
years of age when slots become available, but shall not
displace children who are currently receiving care.
4.Requires, if there is no family of the same priority with a
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child with exceptional needs, or a family in which one or both
parents are foster youth or non-minor dependents under 21
years of age, the same priority family that has been on the
waiting list for the longest time to be admitted first. For
purposes of determining order of admission, the grants of
public assistance recipients are to be counted as income.
5.Clarifies that nothing in this section should be construed as
limiting the rights of dependent children, to consent to,
among other things, the diagnosis and treatment of sexual
assault, medical care relating to the prevention or treatment
of pregnancy, including contraception, abortion, and prenatal
care, treatment of infectious, contagious, or communicable
diseases, mental health treatment, and treatment for alcohol
and drug abuse.
6.Clarifies that, if a dependent child is 12 years of age or
older, his/her social worker may inform the child of his/her
right as a minor to consent to and receive those health
services, as necessary.
7.Permits social workers to provide dependent children with
age-appropriate, medically accurate information about sexual
development, reproductive health, and prevention of unplanned
pregnancies and sexually transmitted infections on an ongoing
basis.
8.Amends the Welfare and Institutions Code to include that all
children in foster care are required to have access to
age-appropriate information about reproductive health care,
the prevention of unplanned pregnancy, and the prevention and
treatment of sexually transmitted infections at 12 years of
age or older.
9.States the intent of the Legislature to ensure that complete
and accurate data on parenting minor and non-minor dependents
and their children are collected, and that the Department of
Social Services ensures that the specified information is
publicly available on a quarterly basis by county about
parenting minor and non-minor dependents and their children.
10.Permits child welfare agencies to provide minor parents and
non-minor dependent parents with access to social workers or
resource specialists who have received training on the needs
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of teenage parents and available resources, as specified.
11.Encourages child welfare agencies to update the case plans
for pregnant and parenting dependents within 60 calendar days
of the date the agency is informed of a pregnancy.
12.Permits child welfare agencies when updating the case plan,
to hold a specialized conference to assist pregnant or
parenting foster youth and non-minor dependents as specified,
and to inform the case plan.
13.Requires the specialized conference to include the pregnant
or parenting minor or non-minor dependent, family members,
and other supportive adults, and the specially trained social
worker or resource specialist. Permits the specialized
conference to include other individuals, as specified.
14.Clarifies that participation in the specialized conference
is voluntary on the part of the foster youth or non-minor
dependent and assistance in identifying and accessing
resources is not dependent on participation in the
conference.
15.Permits child welfare agencies, local educational agencies,
and child care resource and referral agencies to make
reasonable and coordinated efforts to ensure that minor
parents and non-minor dependent parents who have not
completed high school have access to school programs that
provide onsite or coordinated child care, and that minor
dependent parents are given priority for subsidized child
care.
Prior Legislation
SB 244 (Wright, 2009), would have granted priority for
eligibility of and enrollment for children of foster youth and
adopted children ages birth to five if enrolling in a licensed
child care program or one offered by a school district or county
office of education. SB 244 also addressed priorities for
enrollment of dependent children in the California State
Preschool Program. SB 244 passed the Assembly Human Services
Committee but was not heard by the Assembly Education Committee.
AB 769 (Torres, 2009), would have extended priority for
enrollment in a state preschool program to children who have a
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biological parent who is, or who has been within the previous
six months, under the jurisdiction of the delinquency or
dependency court. AB 769 was vetoed by Governor Schwarzenegger,
whose veto message read:
This bill results in significant Proposition 98 General
Fund costs pressures. Absent additional funding to support
this policy shift, enacting this measure would result in
denying access to state funded preschool programs to other
low income families who are currently on waiting lists for
subsidized care. Moreover, children of those under the
jurisdiction of the juvenile court system already may
access child care on a priority basis under current law, to
the extent that they are at risk of abuse or neglect.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Potential minor General Fund (Proposition 98) cost
pressure on existing subsidized state child care demand to
the extent children of minor dependent parents are
prioritized above other children on the waiting list who
are both income eligible and whose parents demonstrate a
need for care. (No impact estimated for nonminor dependent
parents, as these parents are required to participate in
education/work activities and would already be considered a
priority group demonstrating need).
Significant ongoing state costs (General Fund)
potentially in the hundreds of thousands to low millions of
dollars for mandated activities on social workers to update
case plans, provide age-appropriate health information,
provide assistance in accessing resources, hold specialized
conferences, and coordinate efforts with LEAs and child
care R&R agencies.
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Significant ongoing costs potentially in the hundreds of
thousands to low millions of dollars (General Fund) for
specialized training for social workers and/or recruitment
of resource specialists. Annual costs will be dependent on
the depth of training and number of social workers and/or
resource specialists required to meet the needs of this
population. Assuming a minimum of one resource specialist
per county at a cost of $50,000 per year will equate to
$2.9 million.
Potential near-term increase in Medi-Cal services costs
to the extent the provisions of this bill result in
referrals for additional health services. Potential future
cost savings to the extent the provision of preventive
services and treatment result in reduced need for
additional services prospectively.
Unknown, one-time significant programming/automation
costs potentially in excess of $1 million (General) to
capture data in CWS/CMS specific to dependent parents,
their children, their age, ethnic group, placement type,
and time in care.
Ongoing moderate mandated data reporting costs (General
Fund) to counties on parenting minor and nonminor
dependents and their children.
Potentially significant mandate on LEAs (General Fund)
to coordinate efforts to ensure minor dependent parents who
have not completed high school have access to school
programs that provide onsite or coordinated child care, and
are given priority for subsidized child care.
Potential substantial future cost savings to the extent
the provision of coordinated parenting services to foster
youth and earlier provision of information on reproductive
health results in improved care for the children of these
dependents and reduces the rate of unintended pregnancies
and other health-related issues.
SUPPORT : (Verified 5/23/13)
Children's Law Center (co-source)
John Burton Foundation (co source)
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Public Council (co-source)
The Alliance for Children's Rights (co-source)
ACLU
Advancement Project
Aspiranet
Bay Area Youth Centers
Bill Wilson Center
Black Women for Wellness
California Adolescent Health Collaborative
California Alternative Payment Program Association
California Attorneys for Criminal Justice
California Coalition for Youth
California Federation of Teachers
California Latinas for Reproductive Justice
California Public Defenders Association
California State PTA
California Women's Law Center
Children's Advocacy Institute
Citizens for Choice
Crittenton Services for Children and Families
Dependency Legal Group of San Diego
East Bay Children's Law Offices
EMQ FamiliesFirst
Every Child Foundation
Family Care Networks, INC
Feminist Majority
First Place for Youth
Five Acres
Gavilan College
Goldman School of Public Policy, UC Berkeley
Hillsides
Home Start
Housing California
Larkin Street Youth Services
League of Women Voters of California
Legal Services for Children
LIFETIME
Moorpark College
Mountain Circle Family Services
National Center for Youth Law
National Council of Jewish Women
New Alternatives, INC
NYC Children's Services
Optimist Youth Homes and Family Services
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Promesa Behavioral Health
Redwood Children's Services, Inc.
Seneca Family Agencies
Twigs to Trees Inc.
University of Southern California School of Social Work
WestCoast Children's Clinic
Western Center on Law & Poverty
Youth and Family Programs
OPPOSITION : (Verified 5/23/13)
California Pro Life Council
California Right to Life, Inc.
ARGUMENTS IN SUPPORT : According to the author, "Research from
the University of Chicago suggests that extending foster care to
age 21 will roughly double the incidence of parenting youth in
foster care. Given this, it is important that California's
foster care system adapt itself to meet the real needs of
parenting youth and their children. This bill seeks to help
support foster youth who are pregnant and parenting be
successful in their situation and help end the intergenerational
cycle within the foster care system. It also aims to inform
foster youth about reproductive health in order to avoid
problematic situations before they start."
ARGUMENTS IN OPPOSITION : California Pro Life Council states
"One part of SB 528 would force state agencies and workers to
create ways for minor parents and non-minor dependents to
receive abortions. Many of these children have been abused,
neglected and now will have state agencies make items like
abortion their focus rather than the needs of those they are
charged with."
JL:ej 5/28/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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