BILL ANALYSIS Ó SB 1252 Page A 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)); SB 1252 Page B 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)) SB 1252 Page C 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: SB 1252 Page D 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; SB 1252 Page E 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 SB 1252 Page F 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. SB 1252 Page G 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 SB 1252 Page H 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