BILL ANALYSIS Ó
AB 592
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CONCURRENCE IN SENATE AMENDMENTS
AB
592 (Mark Stone)
As Amended June 30, 2015
2/3 vote. Urgency
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|ASSEMBLY: | 74-0 | (May 22, |SENATE: | 39-0 | (July 9, 2015) |
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Original Committee Reference: HUM. S.
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.
The Senate amendments:
1)State that the purpose of the Department of Social Services
(DSS) providing a former foster youth with proof of dependency
or wardship is to assist with establishing eligibility for
programs or services.
2)Require a youth requesting proof of former dependency or
wardship to have had his or her dependency or wardship
dismissed.
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3)Clarify that DSS may provide the information included in the
proof of dependency or wardship document in lieu of the
original document itself.
4)Specify the information to be provided, including the
individual's name and date of birth, the dates during which he
or she was within the jurisdiction of the juvenile court, and
a statement that he or she was a foster youth in compliance
with state and federal financial aid documentation
requirements.
5)Add an urgency clause, stating that, in order to assist former
foster youth in establishing their eligibility for vital
programs and services available to them as soon as possible,
it is necessary that this act take immediate effect.
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. (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)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 Section 303)
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4)Allows the juvenile court to terminate jurisdiction over a
nonminor dependent between the ages of 18 and 21, as
specified. (WIC Section 303)
5)Prohibits a dependency court from terminating jurisdiction
over a minor unless a hearing is conducted, as specified.
(WIC Section 391)
6)Specifies information to be provided to a nonminor prior to
dependency jurisdiction over him or her being terminated,
including a letter prepared by the county welfare department
containing the nonminor's name and date of birth, the dates
during which the nonminor was within the jurisdiction of the
juvenile court, and a statement that the nonminor was a foster
youth in compliance with state and federal financial aid
documentation requirements. (WIC Section 391 (e))
7)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 Section
827(e))
8)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 Section 827(a)(1))
9)Limits access to juvenile case files and requires unauthorized
entities to petition the juvenile court for access to case
files. (WIC Section 827(a))
10)Prohibits receiving agencies from disseminating any portion
of a juvenile case file or related information to unauthorized
entities. (WIC Section 827(a)(4))
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11)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 Sections 16160 to
16167)
FISCAL EFFECT: According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS:
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.
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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.
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
with pertinent 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
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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.
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.
There is no opposition on file.
Analysis Prepared by: Daphne Hunt / HUM. S. / (916)
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319-2089 FN: 0001170