BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 592|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
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CONSENT
Bill No: AB 592
Author: Mark Stone (D)
Amended: 6/30/15 in Senate
Vote: 27 - Urgency
SENATE HUMAN SERVICES COMMITTEE: 5-0, 6/23/15
AYES: McGuire, Berryhill, Hancock, Liu, Nguyen
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 74-0, 5/22/15 (Consent) - See last page for
vote
SUBJECT: Juveniles: proof of dependency or wardship
SOURCE: Children Now
DIGEST: This bill permits the California Department of Social
Services (CDSS) to provide to a person who was formerly placed
in foster care, upon request, proof of his or her placement in
foster care, as specified.
ANALYSIS:
Existing law:
1)Provides that any child who has suffered, or is at risk of
suffering, serious physical or emotional harm, as defined,
shall be within the jurisdiction of the juvenile court which
may adjudge that person to be a dependent child of the court,
as specified. (WIC 300)
2)Permits a court to terminate its dependency, delinquency, or
transition jurisdiction over a nonminor dependent between the
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time the nonminor reaches the age of majority and 21 years of
age. (WIC 303)
3)Requires, at any termination hearing, a county welfare
department to submit a report that verifies that the following
information has been provided to the nonminor (WIC 391):
a) Written information about the nonminor's dependency
case, including family history, Indian heritage, available
family photographs, except as specified, whereabouts of
siblings under the jurisdiction of the juvenile court,
except as specified, and information about how to access
their case file.
b) Essential personal documents including the social
security card, a certified copy of the birth certificate,
the health and education summary, as specified, driver's
license or identification card, any applicable death
certificates for the nonminor's parents, proof of
citizenship, an advance health care directive, forms used
to resume dependency, and a written 90-day transition plan.
c) A letter containing information about the nonminor
including name and date of birth, and the dates during
which the nonminor was a foster youth.
d) Referrals to transitional housing, assistance in
obtaining employment or other financial support, assistance
in applying to college or to a vocational education
program, assistance in maintaining relationships with
individuals who are important to the nonminor, assistance
in accessing the Independent Living Aftercare Program, and
other information.
This bill permits CDSS to provide a former dependent or ward who
was in foster care, upon request by that person, the proof of
dependency of wardship document that was provided to the youth
in the dependency or wardship termination hearing report, or any
information necessary to provide verification that the person
was formerly a dependent or ward and placed in foster care.
Background
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According to the author, former foster youth must meet strict
application deadlines when applying for benefits or programs,
many of which require county verification of the youth's prior
foster care status. The author states that, as youth move across
counties, it can be difficult to obtain this documentation from
the county in which the youth emancipated from foster care.
According to the author, many youth request this information
from the foster care ombudsman, however CDSS has determined it
does not have legal authority to disseminate the documentation.
This bill would provide CDSS with the authority needed to
provide this documentation to a former foster youth who has
requested it.
While this process is typically uncomplicated, financial aid
officers, health care professionals and other supportive adults
have reported unique cases in which accessing verification
documents proves challenging. This most often occurs when the
youth has lived in multiple counties, cannot identify the county
that had jurisdiction over their case and are unable to make
contact with their former social worker. In these instances, the
youth may give up on obtaining verification or miss important
deadlines that disqualify them from receiving critical supports.
Post-Secondary Educational Attainment for Former Foster Youth.
A 2013 report published by the Stuart Foundation entitled "At
Greater Risk: California Foster Youth and the Path from High
School to College," states that foster youth confront multiple
risk factors for low educational attainment including
disabilities, language barriers, emotional trauma, lower
educational attainment in high school, and less of a support
system due to disrupted social connections. The report states
that foster youth are among the most vulnerable young
Californians, are more likely to attend schools with low
performance rankings according to the Academic Performance
Index, and that about one quarter of foster youth have a
disability, in contrast to one-tenth of the general population.
Additionally, a December 2005 report by the Institute for Higher
Education Policy entitled, "Higher Education Opportunities for
Foster Youth," states that of the foster youth who complete high
school and are college-qualified, only about 20% enrolled in
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higher education compared to about 60% of their peers. In 2011
there were between 600 and 800 former foster youth attending the
University of California, 1,200 attending the California State
University system, and 6,500 attending the California community
college system. California provides numerous supports
specifically targeted to current and former foster youth in
higher education including priority registration at most
campuses, substantially reduced community college tuition, a
number of other initiatives and financial aid opportunities, and
Guardian Scholars Programs available on many community college
and CSU campuses which offer housing, tuition, and academic
support to former foster youth.
Access to Healthcare for Former Foster Youth. A recent study
performed by Northwest Foster Care Alumni found that one-third
of emancipated foster youth had no health insurance, a rate that
is roughly double that of young adults ages 18 to 44 nationally.
The study also found that more than half of emancipated foster
youth had one or more mental disorders and experienced
post-traumatic stress at twice the rate that of U.S. war
veterans.
Pursuant to federal law under the Foster Care Independence Act
of 1999 and the Affordable Care Act, California permits children
who are transitioning out of foster care to continue their
Medi-Cal coverage under the Former Foster Care Children (FFCC)
program up to age 26. In order to be eligible for FFCC, an
individual must have aged out of Foster Care at age 18 or older.
Former Foster Care status must be verified in order for the
individual to be eligible for FFCC.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
SUPPORT: (Verified7/8/15)
Children Now (source)
Advokids
California Alliance of Child and Family Services
California Youth Connection
Children's Advocacy Institute
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Children's Law Center of California
Children's Right Project at Public Counsel
John Burton Foundation for Children Without Homes
National Center for Youth Law
Santa Cruz County Children's Network
OPPOSITION: (Verified7/8/15)
None received
ARGUMENTS IN SUPPORT: The California Youth Connection writes in
support of the bill that many critical programs and benefits
have aimed to close these gaps in achievement and well-being for
former foster youth: expanded Medi-Cal, FAFSA, priority college
course work enrollment and more. However, CYC states that in
some unique cases, eligible former foster youth are unable to
access these necessary supports because they cannot verify their
foster youth status. Currently, when a foster youth leaves care
at the age of 18, he or she is provided with a letter verifying
their status as a former foster youth, including the dates of
care. For former foster youth who no longer have this document
or were not provided it because they left care before the age of
18, verification can be requested from the county.
ASSEMBLY FLOOR: 74-0, 5/22/15
AYES: Achadjian, Travis Allen, Baker, Bigelow, Bloom, Bonilla,
Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau,
Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly,
Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,
Irwin, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,
Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,
Nazarian, Obernolte, Patterson, Perea, Quirk, Rendon,
Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark
Stone, Thurmond, Ting, Wagner, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Alejo, Jones, O'Donnell, Olsen, Waldron,
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Weber
Prepared by:Sara Rogers / HUMAN S. / (916) 651-1524
7/8/15 16:16:52
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