BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 14, 2015


                        ASSEMBLY COMMITTEE ON HUMAN SERVICES


                                  Kansen Chu, Chair


          AB 885  
          (Lopez) - As Introduced February 26, 2015


          SUBJECT:  Foster Youth


          SUMMARY:  Facilitates former foster youth re-entering care upon  
          the disruption of their permanent relationship.


          Specifically, this bill:  


          1)Removes the requirement that guardians must no longer be  
            receiving aid on behalf of nonminor former dependents who  
            received aid under Kin-GAP after the age of 18 and nonminors  
            who received adoption assistance after the age of 18 in order  
            for those nonminors to be able to petition the court to remain  
            in foster care.


          2)Removes the requirement that a nonminor former dependent child  
            or ward of the juvenile court be receiving Aid to Families  
            with Dependent Children-Foster Care (AFDC-FC) benefits, as  
            specified, as one criterion for continued eligibility to  
            receive aid.  Instead requires that the child or ward be  
            otherwise eligible to receive AFDC-FC benefits, as specified.










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          3)Makes technical amendments to remove outdated statutory  
            language.


          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.  (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)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 300.2)

          4)Defines "nonminor dependent" as a current or former foster  
            youth who is between18 and 21 years old, in foster care under  
            responsibility of the county welfare department, county  
            probation department, or Indian Tribe, and participating in a  
            transitional independent living plan.  (WIC 11400 (v))


















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          5)Defines "nonminor former dependent or ward" as either:
             a)   A nonminor who turned 18 while subject to an order for  
               foster care placement, and for whom dependency,  
               delinquency, or transition jurisdiction has been  
               terminated, and who is still under the general jurisdiction  
               of the court; or

             b)   A nonminor who is at least 18 years old and, while a  
               minor, was a dependent child or ward of the juvenile court  
               when the guardianship was established, as specified, and  
               the juvenile court dependency or wardship was dismissed  
               following the establishment of the guardianship.  (WIC  
               11400 (aa))


          6)Revises and expands federal funding and programs for certain  
            foster and adopted children via the Fostering Connections to  
            Success and Increasing Adoptions Act of 2008.  (P.L. 110-351)

          7)Provides for extended foster care funding for youth until age  
            20, as well as adopts other changes to conform to the federal  
            Fostering Connections to Success Act.  (WIC 241.1, 303, 366.3  
            388,391, 450, 1140, 11402, 11403)

          8)Allows a nonminor former foster youth under the age of 21 to  
            petition the court for re-entry into foster care if his or her  
            guardian or adoptive parent is no longer providing him or her  
            with support, as specified.  (WIC 388.1)

          9)Allows nonminor dependents who meet general AFDC-FC  
            requirements, as well as one or more of a set of specified  
            requirements, to voluntarily continue placement in or to  
            re-enter into foster care.  (WIC 11403(b))
          
          FISCAL EFFECT:  Unknown

          COMMENTS:  









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          Child Welfare Services:  The purpose of California's Child  
          Welfare Services (CWS) system is to protect children from abuse  
          and neglect and provide for their health and safety.  When  
          children are identified as being at risk of abuse, neglect or  
          abandonment, county juvenile courts hold legal jurisdiction and  
          children are served by the CWS system through the appointment of  
          a social worker.  Through this system, there are multiple  
          opportunities for the custody of the child, or his or her  
          placement outside of the home, to be evaluated, reviewed and  
          determined by the judicial system, in consultation with the  
          child's social worker, to help provide the best possible  
          services to the child.  The CWS system seeks to help children  
          who have been removed from their homes reunify with their  
          parents or guardians, whenever appropriate, or unite them with  
          other individuals they consider to be family.  There are  
          currently close to 63,000 children and youth in California's  
          child welfare system; over 7,800 of these youth are between the  
          ages of 18 and 20.





          Extended foster care:  Recent changes in federal and state law  
          have facilitated access to extended foster care funding and  
          services for youth between the ages of 18 and 21.  Per the  
          federal Fostering Connections to Success and Increasing  
          Adoptions Act of 2008, and as adopted in state law by AB 12  
          (Beall), Chapter 559, Statutes of 2010, California extended  
          foster care to eligible child welfare and probation youth that  
          remain in foster care up to age 21. 


          The federal Fostering Connections to Success and Increasing  
          Adoptions Act of 2008 offered states the option to receive  
          federal financial participation for foster care for eligible  
          nonminor dependents.  It also allowed federal reimbursement for  
          the Kinship Guardianship Assistance Payment (Kin-GAP) program,  








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          which serves youth who exit the juvenile dependency system to  
          achieve permanency in the home of a relative caregiver and  
          provides a subsidy to eligible families that is equivalent to  
          the basic foster care rate. 


          For youth who were placed with a relative guardian, or adopted,  
          between the time they were 16 and 18 years old, their guardians  
          or adoptive parents are eligible to receive Kin-GAP or Adoption  
          Assistance Payments (AAP) funding, respectively, to provide  
          integral supports and services for the youth until the youth is  
          age 21, providing the youth meets eligibility criteria.   
          However, sometimes the guardian or adoptive parent fails to  
          continue to provide support to a youth who has turned 18.  This  
          can contribute to increased risk of homelessness and other  
          crisis situations for a youth who, by virtue of being in the  
          child welfare system, has already faced significant troubles. 


          AB 2454 (Quirk-Silva), Chapter 769, Statutes of 2014, sought to  
          address this issue by allowing former foster youth who were  
          placed in guardianship or adopted between the ages of 16 and 18  
          to re-enter the child welfare system if their guardian or  
          adoptive parent fails to provide them with ongoing support and  
          if the parent or guardian is no longer receiving benefits on  
          behalf of the youth.  AB 2454 allows a youth facing the  
          situation, as described, to petition the court and have a judge  
          evaluate his or her circumstances and make a determination as to  
          whether re-entry should be permitted, thereby allowing access to  
          supports and services.


          Need for this bill:  The law extending foster care re-entry  
          rights to nonminors currently requires adoptive parents and  
          guardians who are receiving Kin-GAP and AAP benefits,  
          respectively, on behalf of a youth to have those benefits  
          terminated prior to the youth becoming eligible to petition for  
          re-entry.  According to the author, this can create a  
          significant barrier to re-entering foster care, because the  








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          youth often has no control over when or whether this funding is  
          terminated.  Also, the author contends that current law bases  
          re-entry on the type of aid that the youth is receiving, and  
          thus inadvertently excludes youth that may have exited to  
          permanency but might not be receiving any benefit or receiving  
          an alternative benefit, like SSI.  


          The author states that, "Last year legislation was signed into  
          law that allows former foster youth whose guardian or adoptive  
          parent is no longer providing them with support to re-enter  
          foster care.  The intent of this bill is to remove disincentives  
          to permanency for youth who would otherwise be eligible for  
          extended foster care by providing safeguards against failed  
          permanency when a youth is between the ages of 18 and 21.   
          However, as passed, [the legislation signed last year] excludes  
          some former foster youth and also creates unintentional barriers  
          to re-entry.  This legislation is needed in order to ensure that  
          all former foster youth are afforded the right to re-enter care  
          if their permanent relationship disrupts without having to  
          overcome administrative barriers to re-entry." 


          According to the Alliance for Children's Rights, which provides  
          legal services to current and former foster youth, "Alliance  
          attorneys have encountered numerous cases where guardianship or  
          adoptions disrupt after age 18 and the young person is left  
          homeless and without recourse.  Now that AB 2454 passed,  
          Alliance attorneys are helping youth to re-enter.  However, the  
          provisions in AB 2454 that require benefits to have already  
          terminated are presenting barriers to re-entry.  Even the  
          attorneys have difficulty ascertaining whether funding has  
          terminated or who to contact in order to initiate the process to  
          terminate the funding.  All the while, the youth goes days or  
          weeks without being able to access the right to re-entry." 

           PRIOR LEGISLATION:










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          AB 2454 (Quirk-Silva), Chapter 769, Statutes of 2014, authorized  
          former nonminor dependents under the age of 21, as specified, to  
          petition the court to re-enter foster care if their guardian or  
          adoptive parent is no longer providing them with support.


          AB 787 (Stone), Chapter 487, Statutes of 2013, made technical  
          and clarifying changes to the technical and clarifying changes  
          to the California Fostering Connections to Success Act.


          AB 1712 (Beall), Chapter 846, Statutes of 2012, made technical  
          and clarifying changes to the California Fostering Connections  
          to Success Act.


          AB 212 (Beall), Chapter 459, Statues of 2011, made technical and  
          clarifying changes to the California Fostering Connections to  
          Success Act.


          AB 12 (Beall), Chapter 559, Statutes of 2010, the "California  
          Fostering Connections to Success Act," conformed state law to  
          federal requirements to revise and expanding programs and  
          funding for certain foster and adopted children.


           DOUBLE REFERRAL  .  This bill has been double-referred.  Should  
          this bill pass out of this committee, it will be referred to the  
          Assembly Committee Judiciary.



          REGISTERED SUPPORT / OPPOSITION:













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          Support





          California Alliance of Child and Family Services


          County Welfare Directors Association (CWDA)


          Family Law Section (FLEXCOM)





          Opposition





          None on file.





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
















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