BILL ANALYSIS Ó AB 885 Page 1 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. AB 885 Page 2 3)Makes technical amendments to remove outdated statutory language.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)) AB 885 Page 3 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: AB 885 Page 4 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, AB 885 Page 5 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 AB 885 Page 6 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: AB 885 Page 7 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: AB 885 Page 8 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 AB 885 Page 9