BILL ANALYSIS Ó
SB 1252
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Date of Hearing: June 17, 2014
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Mark Stone, Chair
SB 1252 (Torres) - As Amended: June 11, 2014
SENATE VOTE : 37-0
SUBJECT : Public social services: former foster youth:
transitional housing.
SUMMARY : Authorizes a county child welfare agency (CWA) to, at
its option, extend transitional housing services to a former
foster youth who is over 21 years of age but not more than 25
years of age, and for a total of 36 cumulative months, if the
former foster youth is completing secondary education or is
enrolled in an institution that provides postsecondary or
vocational education.
EXISTING LAW
1)Establishes the California Fostering Connections to Success
Act of 2010 (AB 12, Chapter 559, Statutes of 2010), which
among other provisions:
a) Provides for the extension of transitional foster care
to eligible youth up to age 21 as a voluntary program for
youth who meet specified work and education participation
criteria; and,
b) Requires changes to the Kin-GAP program in order to
allow for federal financial participation in the program.
2)Defines a "nonminor dependent" as a current or former foster
child between the ages of 18 and 21 who is in foster care
under the responsibility of the county welfare department,
county probation department, or Indian Tribe, and is
participating in a transitional independent living plan. (WIC
11400(v))
3)Provides that any minor may be rendered a ward of the court
under juvenile jurisdiction, if he or she:
a) Is beyond the control of his or her parents, as
specified (WIC 601(a));
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b) Violates any local or state curfew requirement, as
specified (WIC 601(a));
c) Is a truant; defined as a minor with four or more
unexcused school absences within a school year, as
specified (WIC 601(b)); and
d) Violated any federal, state or local law, except for
minors who are 14 years of age or older who have committed
murder, a sex offense, rape, spousal rape, a forcible sex
offence, an act or forcible act of a lewd and lascivious
nature upon a child under 14 years of age, as specified,
forcible sexual penetration, or sodomy or oral copulation,
as specified. (WIC 602)
4)Provides the juvenile court the authority to place a minor,
who has been found to have committed specified acts that could
render him or her a ward of the court, on probation rather
than adjudging the minor to be a ward of the court. (WIC 725)
5)Requires a minor who is placed on probation to comply with
conditions related to his or her probation, as outlined in his
or her case plan, unless otherwise specified. (WIC 725)
6)Provides that a minor or nonminor may be placed under the
transition jurisdiction of the juvenile court who meets the
following criteria:
a) The minor is between 17 years five months of age and
under 18 years of age or is a nonminor, as defined, and is
in a foster care placement (WIC 450(a)(1)(A) and (B));
b) The minor or nonminor was either removed from the
physical custody of his or her parents and placed into a
foster care placement, or was a dependent of the court with
an order for a foster care placement and was later adjudged
to him or her to become a wad of the juvenile court (WIC
450(a)(2)(A) and (B)); and
c) The rehabilitative goals of the minor or nonminor, as
set forth in the case plan, have been met, and juvenile
court jurisdiction over the minor or nonminor as a ward is
no longer required. (WIC 450(a)(3))
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7)Provides that a former foster youth ages 18 to 24 who has
exited from the foster care system on or after his or her 18th
birthday may elect to participate in Transitional Housing
Program-Plus (THP-Plus) for a total of 24 months. (WIC
11403.2)
8)Requires payments on behalf of an eligible person to be made
to licensed transitional housing placement providers. (WIC
11403.3)
FISCAL EFFECT : According to the Senate Appropriations
Committee, this bill will result in potential major future cost
pressure (General Fund) to extend THP-Plus services to former
foster youth up to age 25 and for a total of 36 months to the
extent the state provides funding for the ongoing cost increase.
Annual costs to provide THP-Plus services to 10% to 25% of the
2,000 youth being served annually would be in the range of $5.4
million to $13.5 million assuming a monthly THP-Plus provider
rate of $2,258 (weighted average cost across the three housing
models).
Pursuant to Government Code Section 30026.5, legislation enacted
after September 30, 2012, that has an overall effect of
increasing the costs already borne by a local agency for
programs or levels of service under the 2011 Realignment shall
apply to local agencies only to the extent that the state
provides annual funding for the cost increase. Local agencies
shall not be obligated to provide programs or levels of service
required by legislation above the level for which funding has
been provided. While the provisions of this bill do not mandate
the provision of extended services, to the extent funding is not
increased, counties that elect to extend THP-Plus services would
potentially serve fewer former foster youth and/or provide a
reduced level of services.
COMMENTS :
California Fostering Connections to Success Act of 2010 : AB 12
(Beall & Bass) Chapter 559, Statutes of 2010, was a landmark
piece of child welfare legislation in California opting the
state into two provisions of the federal Fostering Connections
to Success and Increasing Adoptions Act of 2008 (Fostering
Connections Act) (P.L. 110-351). Specifically, the California
Fostering Connections to Success Act:
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1)Re-enacted California's existing state and county-funded
Kin-GAP program to align it with new federal requirements and
allow the state to bring federal financial participation into
our kinship guardian assistance program for the first time;
and,
2)Provides transitional foster care support to qualifying foster
youth ages 18 to 21, phased-in over three years, beginning in
2012.
The goal of AB 12 is to assist foster youth, or "nonminor
dependents" as they are referred to in statute, in their
transition to adulthood by providing them with the opportunity
to create a case plan alongside their case worker tailored to
their individual needs, which charts the course towards
independence through incremental levels of responsibility. It
is a voluntary program grounded in evidence of how the option of
continued support to age 21 can counter the dismal outcomes
faced by youth who are forced to leave the foster care system at
age 18, including high rates of homelessness, incarceration,
reliance on public assistance, teen pregnancy, and low rates of
high school and postsecondary graduation.
In essence, AB 12 seeks to mirror the type of continued guidance
and assistance most young adults receive from their parents and
families in their late teens and early twenties. Following this
paradigm, AB 12 provides nonminors with the option to petition
to reenter care if they opt out of extended care and want to
return before age 21, provided they meet the eligibility
criteria set forth in federal and state law.
In order to be eligible to continue foster care benefits up to
age 21, a nonminor dependent youth must: continue under the
jurisdiction of the juvenile court; sign a mutual agreement
which commits both the nonminor and the placing agency to
certain responsibilities; reside in an approved, supervised
placement; work alongside their caseworker to prepare and
participate in their transitional independent living case plan;
and have their status reviewed every six months. In addition,
pursuant to the federal Fostering Connections Act, a youth must
meet one of the following five work or education-related
eligibility criteria:
1)Is completing secondary education or a program leading to an
equivalent credential;
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2)Is enrolled in an institution which provides postsecondary or
vocational education;
3)Is participating in a program or activity designed to promote,
or remove barriers to employment;
4)Is employed for at least 80 hours per month; or
5)Is incapable of doing any of the activities described above
due to a medical condition.
Transitional Housing for Current and Former Foster Youth : In
California, three transitional housing placement options have
been established for current and former foster youth including
the Transitional Housing Placement Program (THPP) for current
minor foster youth or wards ages 16 to 17, Transitional Housing
Placement Plus Foster Care Program (THP+FC) for current nonminor
dependent foster youth ages 18 to 20, and Transitional Housing
Program-Plus (THP-Plus) for former foster youth ages 21 to 23.
These placement options are licensed by the California
Department of Social Services, and providers may offer THPP or
THP+FC, or both options.
Transitional Housing Placement Program (THPP) : Licensed THPP
providers receive monthly reimbursement rates to provide
transitional housing and a safe living environment for 16 and
17-year old minor wards or dependents and to enable the minor
foster youth to develop independent living skills as they
approach adulthood. The program provides supportive services
based on a minor's transitional independent living plan (TILP)
and the Needs and Services plan as developed by the provider.
Participants are permitted to live alone or with roommates in
apartments, condominiums, or single family dwellings. However,
program providers are required to employ social work staff and
to ensure that a social worker is available on call 24-hrs a day
to respond to emergencies. Additionally participants are
supported by county social workers, and ILP coordinators.
Transitional Housing Placement-Plus-Foster Care (THP+FC) : The
THP+FC program is a new foster care placement option that was
established through the enactment of extended foster care and
provides transitional housing to nonminor dependents aged 18 to
20 (up to age 21). Similarly to THPP, licensed THP+FC providers
offer safe housing for nonminor dependents and assistance in
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developing the skills needed for transitioning to independent
living and supportive services are provided based on their TILP
and Needs and Services plan. There are three housing models
provided for in this program including a "single site" apartment
complex where all participants live, a "remote site" of leased
rental units within a larger housing development, and "host
families" where the participant resides with the previous foster
family or another family or adult. According to a recent report
published by the John Burton Foundation<1>, in FY 2012-13,
average monthly rates for THP+FC were $2,797 for the single site
model, $2,797 for the remote site model and $2,225 for the host
family model. As of June 30, 2013 there were 273 youth in
placement and licensed programs in 21 counties.
Transitional Housing Program-Plus (THP-Plus) : The THP-Plus is
an optional county-based program in which county-certified
providers offer transitional housing to former foster youth and
wards that emancipated from foster care at or after age 18.
Former foster youth in this program are eligible for housing for
up to 24 months until they reach age 24. There are three
housing models provided for in this program including a "single
site" apartment complex where all participants live, a
"scattered site" of leased apartments throughout the community,
and "host families" where the participant resides with the
previous foster family or another family or adult. Unlike
THP+FC, THP-Plus does not require staff to reside on site with
the youth.
Need for the bill : Stating the need for the bill, the author
writes:
A recent analysis by the Institute for Evidence-Based
Change (IEBC) and the University of California, Berkeley's
Center for Social Services Research (CSSR) found that
foster youth graduate from high school, enroll in community
college, and persist in community college for a second year
at lower rates than, not only students in the general
population, but also other disadvantaged students.
Additionally, according to a report by the Stuart
Foundation, "Foster Youth Education Outcomes in Four
California Counties", 70% of the 55,218 youth enrolled in
foster care the previous year expressed interest in
enrolling in higher education and academics, but only 10%
-------------------------
<1> THP-Plus/THP+FC Annual Report and Policy Brief for Fiscal
Year 2012-13.
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actually attended college in some capacity. Further, of
the 10% who did enroll it was projected that only three
percent of those youth would realize their goals of
graduating with a degree, translating into only 116 youth
of the overall population graduating from college.
In support of the bill, the John Burton Foundation writes:
[This bill] would continue the strong tradition of helping
former foster youth make a safe, supported transition to
young adulthood by allowing THP-Plus participants enrolled
in post-secondary education to participate in THP-Plus for
up to 36 months, rather than the current 24 months of
eligibility. [This bill] would also authorize eligible
youth to participate in THP-Plus until they turn age 26, an
increase from the current eligibility cut-off of age 24.
These changes will make a significant difference in the
ability of former foster youth to achieve an academic
outcome during their participation in the program.
Currently, many youth in THP-Plus are very close to earning
their Associate's or Bachelor's degree at the point the
program ends. With just a semester or two left, they
commonly find their attention diverted from school and
instead focused on their housing transition. This can
often set back their academic progress considerably and the
economic security that comes with attainment of a college
degree.
By offering this additional time for youth enrolled in
postsecondary education, [this bill] will help former
foster youth secure their degree and help close the
significant achievement gap that exists among youth in
post-secondary education. By age 26, just 8 percent of
former foster youth hold an Associate's Degree or higher,
as compared to 48% of the same-age population of non-foster
youth.
[This bill] would provide county child welfare agencies
with the option of whether or not to implement this
extended eligibility criteria rather than requiring all
counties to adopt this provision. As such, [this bill]
would not create a new state mandate. Instead, county
child welfare agencies would have the flexibility to design
their THP-Plus programs to reflect local demand and
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changing demographics.
REGISTERED SUPPORT / OPPOSITION :
Support
Aspiranet
Bill Wilson Center
California Alliance of Child and Family Services
CASA of Ventura County
Children's Advocacy Institute
Children's Hope Foster Family Agency
Encompass Community Services
John Burton Foundation
Legal Services for Children
National Association of Social Workers, CA Chapter (NASW-CA)
Redwood Children's Services, Inc. (RCS)
Redwood Community Action Agency
San Joaquin County Independent Living Program
Supply our Students
Transitional Housing Programs at TLC Child and Family Servicers
Unity Care
VOICES Sonoma
Walden Family Services
Whole Person Learning
Opposition
None on file.
Analysis Prepared by : Chris Reefe / HUM. S. / (916) 319-2089