BILL ANALYSIS Ó AB 592 Page 1 Date of Hearing: April 28, 2015 ASSEMBLY COMMITTEE ON HUMAN SERVICES Kansen Chu, Chair AB 592 (Mark Stone) - As Amended March 26, 2015 SUBJECT: Juveniles: proof of dependency or wardship SUMMARY: Reduces barriers to benefits for foster youth. Specifically, this bill: Permits the Department of Social Services to provide a former foster youth, upon his or her request, with proof of dependency or wardship, as specified. 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 of abuse or neglect, or to have been abused or neglected, as specified. (WIC 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 300) 3)Permits the juvenile court to retain jurisdiction over a ward or dependent of the court until he or she reaches the age of 21. (WIC 303) AB 592 Page 2 4)Allows the juvenile court to terminate jurisdiction over a nonminor dependent between the ages of 18 and 21, as specified. (WIC 303) 5)Prohibits a dependency court from terminating jurisdiction over a minor unless a hearing is conducted, as specified. (WIC 391) 6)Defines "juvenile case file" to mean a petition filed in any juvenile court proceeding, reports of the probation officer, and all other documents filed in that case or made available to, and thereafter retained by, the probation office, judge, referee, or other hearing officer, as specified. (WIC 827(e)) 7)Specifies entities permitted to inspect juvenile case files. Further specifies conditions under, and purposes for, which the Department of Social Services (DSS) may inspect juvenile case files. (WIC 827(a)(1)) 8)Limits access to juvenile case files and requires unauthorized entities to petition the juvenile court for access to case files. (WIC 827(a)) 9)Prohibits receiving agencies from disseminating any portion of a juvenile case file or related information to unauthorized entities. (WIC 827(a)(4)) 10)Establishes the Office of the State Foster Care Ombudsperson as an autonomous entity within DSS to carry out a number of responsibilities, as specified, in order to provide children placed in foster care with a means to resolve issues related to their care, placement, or services. (WIC 16160-16167) FISCAL EFFECT: Unknown COMMENTS: AB 592 Page 3 Transition-age and former foster youth: On January 1, 2015, there were 7,828 youth in California's Child Welfare System (CWS) between the ages of 18 and 20. In 2014, 2,425 youth ages 18 and over exited foster care, with 1,586 (65.4%) of them exiting to emancipation. Research points to the barriers often faced by youth exiting foster care. For example, a longitudinal study of over 600 former foster youth in the Midwest conducted by researchers at the University of Chicago's Chapin Hall found that, by the time these youth were between 23 and 24 years old, 37% had been homeless or couch-surfed since exiting foster care, and many of these youth had been homeless or couch-surfed more than one time. Additionally, when asked about their highest level of education, 24% responded that they had no high school degree (compared to 7% of their non-foster peers), 34% reported having a high school diploma, and 10% had a GED. For those that did attend, or attempt to attend, college, many stated that the cost of post-secondary education was a significant barrier. When asked if they had health insurance, 57% of the former foster youth said they did, compared to 78% of their non-foster peers; of those that did have health insurance, 58% had Medicaid or medical assistance, compared to 8% of their non-foster peers. Given these challenges, access to supports and services can serve a vital role for many former foster youth. Some benefits and programs are specific to foster youth, such as emancipation stipends, certain transitional housing programs, and financial aid support like the Education and Training Vouchers offered through the John H. Chafee Foster Care Independence Program. Other benefits, like Medi-Cal, have certain eligibility rules specific to foster youth. In either case, these programs and services often require youth to prove their former dependency or wardship. AB 592 Page 4 Proof of dependency or wardship: Currently, a youth exiting foster care must be supplied a document from the county, "proof of county dependency status," that verifies their time within foster care. Should the youth misplace or no longer have this verification, he or she must request a replacement from the county in which he or she received care, regardless of where he or she is currently living. Need for this bill: According to the author, former foster youth who need to obtain replacement documentation verifying their time spent in foster care can face difficulties that ultimately impede their ability to promptly apply and become eligible for necessary benefits. A youth may not know where to go to request verification, or may be living in a different county that lacks the ability to readily obtain this information from the county in which the youth received care. Supporters of this bill state that financial aid officers, health care professionals, and others have reported cases in which accessing verification documentation for former foster youth has proven challenging. This bill would provide clear authority to DSS, and by extension, the Foster Care Ombudsman, to provide youth this documentation. DSS does not specifically track the number of requests made for documentation each year. The Foster Care Ombudsman tracks overall requests for information; of the 1,998 requests for information made in fiscal year 2013-14, it is likely that some of those were requests regarding proof of dependency. Supporters state that, while the issue occurs for a small number of youth, the implications for their futures is significant. AB 592 Page 5 The author states that, "In several life quality and self-sufficiency areas such as health, employment prospects, and educational attainment, former foster youth have significantly worse outcomes than their peers. In recognition of their hardships endured that led them to foster care, the state allows and provides several benefits specifically designed to help former foster you transition into adulthood successfully. Unfortunately, some former foster youth are unable to access these benefits because they cannot verify their previous foster youth status through documentation. Most foster youth receive their verification letter through the county; however, it can be difficult to gain access to this information if a former foster youth has received care in multiple counties or moved out of the county of placement after leaving care. With many programs and benefits adhering to strict application deadlines, it is especially important for former foster youth to have the ability to access their verification document in a timely manner. This bill will give the Department of Social Services legal permission to give former foster youth this documentation." REGISTERED SUPPORT / OPPOSITION: Support AB 592 Page 6 John Burton Foundation for Children Without Homes - co-sponsor Advokids California Alliance of Child and Family Services Children NOW Children's Advocacy Institute Children's Law Center of CA (CLC) National Center for Youth Law Public Counsel's Children's Rights Project Opposition None on file. Analysis Prepared by:Daphne Hunt / HUM. S. / (916) 319-2089 AB 592 Page 7