Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 5


Introduced by Assembly Member Nazarian

December 1, 2014


An actbegin insert to add Article 8.5 (commencing with Section 1567.9) to Chapter 3 of Division 2 of the Health and Safety Code,end insert relating to foster youth.

LEGISLATIVE COUNSEL’S DIGEST

AB 5, as amended, Nazarian. Foster youth: transition from high school to postsecondary education.

Existing law provides for the formal out-of-home placement of young persons into alternative residential settings, which is known as foster care. Existing law establishes a system of elementary and secondary education in this state, including public and private elementary and high schools, as well as a system of postsecondary education in this state, including the University of California, the California State University, the California Community Colleges, and independent institutions of higher education.

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This bill would express the intent of the Legislature to enact legislation that would facilitate the transition of foster youth from high school to postsecondary education.

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Existing law, the California Community Care Facilities Act, provides for the licensing and regulation of community care facilities, as defined, by the State Department of Social Services. A violation of this act and regulations adopted under the act is a misdemeanor.

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This bill would require the department to establish a process to authorize educationally based residential programs. This bill would require that the programs support and strive to achieve home-based family care and permanency. The bill would specify that the educationally based residential programs serve certain foster children, as specified. This bill would also require the department to collect and report to the Legislature information about the benefits of the programs, as specified. This bill would require the department to adopt regulations to implement these provisions, thereby changing the definition of an existing crime and creating a state-mandated local program.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

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begin insertThe Legislature finds and declares the following:end insert

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2(a) Only 50 percent of foster youth graduate from high school.

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3(b) Only 3 percent of former foster youth graduate from a
4four-year college, even though more than 70 percent express a
5desire to earn a college degree.

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6(c) In the County of Los Angeles, 24 percent of former foster
7youth will experience homelessness within two years of leaving
8the foster care system.

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9(d) Approximately 60 percent of young women in foster care
10will become pregnant by 20 years of age.

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11(e) Within two years of leaving the foster care system, 64 percent
12of young men and 30 percent of young women are incarcerated.

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13(f) With approximately 5,200 youth aging out of the foster care
14 system every year in California, the cost to state and local
15governments of homelessness, incarceration, and indigence of
16former foster youth is $165 million per year.

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17(g) Organizations are prepared to offer innovative programs
18to foster youth in each of the four years of their high school
19education to provide the necessary social, emotional, and academic
20preparation necessary to gain acceptance and flourish in college
21and successfully transition into adulthood.

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P3    1begin insert

begin insertSEC. 2.end insert  

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begin insertIt is the intent of the Legislature to facilitate the
2transition of foster youth from high school to postsecondary
3education by creating residential programs that are educationally
4based and also strive to achieve home-based family care and
5permanency.end insert

6begin insert

begin insertSEC. 3.end insert  

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begin insertArticle 8.5 (commencing with Section 1567.9) is added
7to Chapter 3 of Division 2 of the end insert
begin insertHealth and Safety Codeend insertbegin insert, to read:end insert

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8 

9Article begin insert8.5.end insert  Educationally Based Residential Programs
10

 

11

begin insert1567.9.end insert  

(a) The State Department of Social Services shall
12establish a process to authorize educationally based residential
13programs.

14(b) The educationally based residential programs shall support
15and strive to achieve home-based family care and permanency.

16(c) The educationally based residential programs shall serve
17children in foster care who meet all of the following requirements:

18(1) Currently attending high school.

19(2) Have attained 14 years of age, but not older than 18 years
20of age.

21(3) Have been determined by the county to have a very low
22possibility of reunifying with their parents or guardians or
23achieving a permanent placement.

24(d) On or before January 1, 2017, the department shall adopt
25regulations to implement this section.

26(e) (1) By January 1, 2020, the department shall collect and
27report to the Legislature information about the benefits of these
28programs, including the rates of high school graduation, college
29admission, and college graduation, and any increased rates of
30family reunification or adoption.

31(2) The requirement for submitting a report imposed under this
32subdivision is inoperative on January 1, 2024, pursuant to Section
3310231.5 of the Government Code.

34(3) A report to be submitted pursuant to this subdivision shall
35be submitted in compliance with Section 9795 of the Government
36Code.

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37begin insert

begin insertSEC. 4.end insert  

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No reimbursement is required by this act pursuant to
38Section 6 of Article XIII B of the California Constitution because
39the only costs that may be incurred by a local agency or school
40district will be incurred because this act creates a new crime or
P4    1infraction, eliminates a crime or infraction, or changes the penalty
2for a crime or infraction, within the meaning of Section 17556 of
3the Government Code, or changes the definition of a crime within
4the meaning of Section 6 of Article XIII B of the California
5Constitution.

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6

SECTION 1.  

It is the intent of the Legislature to enact
7legislation that would facilitate the transition of foster youth from
8high school to postsecondary education.

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