BILL ANALYSIS                                                                                                                                                                                                    Ó



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          ASSEMBLY THIRD READING


          AJR  
          17 (Lopez)


          As Amended  June 25, 2015


          Majority vote


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          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Human Services  |6-0  |Chu, Calderon, Lopez, |                    |
          |                |     |Maienschein, Mark     |                    |
          |                |     |Stone, Thurmond       |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          SUMMARY: Memorializes the Legislature's request for the  
          President and Congress to pass the Foster Care Tax Credit Act.   
          Specifically, this bill: 
          1)Makes a number of legislative findings related to foster care,  
            pertaining to:  the importance of foster parents, the shortage  
            of foster homes, the state's difficulty in recruiting and  
            retaining a sufficient supply of foster families, the expenses  
            involved in caring for foster children, the frequency of  
            short-term foster care placements, the likelihood that  
            children adopted from foster care will be adopted by former  
            foster parents, and the benefits that the recently-proposed  
            federal S. 664 (Heitkamp) - the Foster Care Tax Credit Act -  








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            would bring to foster parents offering short-term placements  
            to foster children.
          2)Resolves that the California State Assembly and Senate urge  
            the President and the United States Congress to enact S. 664  
            of the 114th Congress.


          EXISTING LAW:  


          1)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.  (Welfare and Institutions Code (WIC)  
            Section 202)


          2)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 Section 300)


          3)States that the purpose of foster care law is to provide  
            maximum safety and protection for children who are currently  
            being physically, sexually, or 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 Section 300.2)


          4)Requires out-of-home placement of a child in foster care to be  
            based upon selection of a safe setting that is the least  
            restrictive or most family-like and the most appropriate  
            setting available and in close proximity to the parent's home,  
            the child's school, and best suited to meet the child's  
            special needs and best interests.  Further requires the  
            selection of placement to consider, in order of priority,  
            placement with relatives, nonrelated extended family members,  








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            tribal members, and foster family homes, certified homes of  
            foster family agencies, intensive treatment or  
            multidimensional treatment foster care homes, group care  
            placements, such as group homes and community treatment  
            facilities, and residential treatment, as specified.  (WIC  
            Section 16501.1(c)(1))


          5)Establishes in federal law the Child Tax Credit, allowing  
            individuals to reduce their federal income tax by up to $1,000  
            per qualifying child, including foster children, as specified.  
             Further delineates a number of criteria that must be met for  
            children to qualify, including but not limited to a residence  
            test, whereby a child must have lived with the taxpayer for  
            more than half of the calendar year for which taxes are being  
            filed.  (26 United States Code Section 24)


          FISCAL EFFECT:  Unknown.  This resolution is keyed non-fiscal by  
          the Legislative Counsel.


          COMMENTS:  


          Child Welfare Services:  California's Child Welfare Services  
          (CWS) system provides a number of services, supports, and  
          interventions aimed at protecting children and their health and  
          safety. Under certain circumstances defined in state law, the  
          juvenile court may deem a child to be a dependent or ward of the  
          court.  The court may then keep the child in his or her home or  
          remove the child from the home; removal may either result in  
          eventual reunification with the family, or the court may  
          determine that an alternate permanent placement is more fitting.  
           In this latter case, the court must give preference to  
          potential placements in this order:  relatives, nonrelative  
          extended family members, or family foster homes.  Placement in  
          group homes or other intensive treatment placement settings are  
          considered only in more challenging situations where a child may  








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          need stabilization services in order to transition to a less  
          restrictive placement, such as with a relative or foster  
          caregiver.


          On January 1, 2015, there were 62,898 children in foster care in  
          California.  Approximately 35% of these youth were placed with  
          relatives, non-relative extended family members, or in a  
          tribe-specified home.  Another 25% were placed with foster  
          family agencies (FFAs) or FFA-certified homes, and almost 9%  
          were placed in foster family homes (FFHs) and small family  
          homes.  


          For Fiscal Year 2014-15, the FFH basic rate (which varies by age  
          of the foster youth) ranged from $671 per month for children  
          zero through four years old to $838 per month for youth ages 15  
          to 20. The same basic rate applies for youth placed in homes  
          through non-treatment FFA programs, while rates are higher for  
          youth placed through treatment FFAs.  A 2007 report from  
          Children's Rights, the National Foster Parent Association, and  
          the University of Maryland School of Social Work found that  
          California's foster care rates covered only 61% of the costs of  
          raising a two-year-old foster child, 59% of raising a  
          nine-year-old, and 44% of raising a 16-year-old. 


          "Short-term" foster care:  Available CWS data do not provide an  
          exact picture of the number of all foster youth that are placed  
          less than six months, at any given time, in FFHs and  
          FFA-certified homes.  However, some data are available for  
          median lengths of stay and for youth entering CWS within  
          specified periods.  For example, for youth who exited care to  
          reunification in 2014, the median length of stay for those  
          placed in FFHs was 4.8 months; for those placed in FFA-certified  
          homes, the median length of stay was 6.3 months.  Additionally,  
          5,951 youth entered foster care for the first time during the  
          first six months of 2014 and were placed into FFHs or  
          FFA-certified homes; 1,905 (32%) of those youth were reunified  








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          with their families within that six months.


          Foster Care Tax Credit Act:  Introduced in March 2015 and  
          referred to the Senate Finance Committee, the Foster Care Tax  
          Credit Act proposed to extend the benefits of the Child Tax  
          Credit to foster parents with whom foster youth are placed for  
          shorter periods of time.  The federal Child Tax Credit allows  
          taxpayers to reduce their federal income tax by up to $1,000 per  
          qualifying child, including eligible foster children.  However,  
          the Child Tax Credit has a residency requirement stating that,  
          to render a taxpayer eligible for the credit, a qualifying child  
          must have lived with the taxpayer for more than half of the  
          calendar year for which taxes are being filed.  (Note that  
          California, while offering certain tax benefits related to  
          children, dependents, and adoption, does not offer a state  
          equivalent of the Child Tax Credit.)


          The Foster Care Tax Credit Act would offer foster parents a  
          refundable tax credit of up to $1,000 per year, per foster  
          child, that is pro-rated by the number of months a foster child  
          is in a family's care.


          Need for this bill:  According to the author: 


            "Caring for a child in foster care can be more expensive than  
            caring for one's own biological children.  Children placed  
            into foster care often have experienced significant emotional  
            and physical trauma and have higher incidences of medical and  
            behavioral health issues, resulting in additional costs to  
            foster parents.  Foster families often incur additional  
            monetary costs when parenting these children for even just a  
            short time, and this legislation would make sure those costs  
            don't prevent families from taking in children who need homes.










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            "We need to encourage more families to become foster parents.   
            The shortage of foster homes has been widely reported, and  
            placing children in foster homes is more cost effective with  
            better outcomes than placing them in group homes.  We should  
            be working towards recruiting more foster parents so that  
            children, hopefully, will be adopted into permanent families."




          Analysis Prepared by:                                             
                          Daphne Hunt / HUM. S. / (916) 319-2089  FN:  
          0001118