BILL ANALYSIS Ó AB 885 Page 1 Date of Hearing: April 21, 2015 ASSEMBLY COMMITTEE ON JUDICIARY Mark Stone, Chair AB 885 (Lopez) - As Introduced February 26, 2015 PROPOSED CONSENT SUBJECT: NONMINOR DEPENDENTS: FAILED PERMANENCY KEY ISSUE: SHOULD A FORMER FOSTER YOUTH WHO IS UNDER 21, BUT WHOSE PERMANENCY PLAN HAS FAILED, BE PERMITTED TO VOLUNTARILY RE-ENTER EXTENDED FOSTER CARE WITH THE APPROVAL OF THE JUVENILE COURT? SYNOPSIS This bill, sponsored by the Alliance for Children's Rights, seeks to help ensure more successful implementation of the California Fostering Connection to Success Act (FCSA) of 2010. The FCSA provides transitional foster care support to qualifying foster youths ages 18-21 by, among other things, allowing more former foster youth to voluntarily re-enter the foster care system as nonminor dependents. Last year in AB 2454 (Quirk-Silva), Chap. 769, the Legislature expanded that group to include former foster youth, who had been receiving Kinship Guardianship Assistance Payment (Kin-GAP) Program or Adoption Assistance Payment (AAP) Program assistance after they turned 18 AB 885 Page 2 and whose guardians or adoptive parents had failed to support them, to voluntarily re-enter extended foster care upon the approval of the juvenile court. This bill expands that slightly by allowing these youth to re-enter foster care even if their guardians or adoptive parents are still receiving aid on their behalf. This bill continues the Legislature's efforts to ensure that the FCSA is properly implemented and that more foster youth, ages 18-21, have the necessary support services as they prepare and transition into adulthood. This bill passed the Assembly Human Services Committee unanimously. It is supported by various children's groups, the County Welfare Directors Association and the Family Law Section of the State Bar. It has no opposition. SUMMARY: Facilitates former foster youth re-entering extended foster care upon disruption of their permanent relationships. Specifically, this bill: 1)Removes the requirement that aid no longer be received in order for a nonminor former dependent (NMD), who received extended Kinship Guardianship Assistance Payment (Kin-GAP) or Adoption Assistance Payment (AAP) assistance, but whose guardian or adoptive parent no longer provides ongoing support, to petition the court to resume dependency under the extended foster care program. 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 dependent or ward be otherwise eligible to receive AFDC-FC benefits, as specified. 3)Makes technical amendments to remove outdated statutory language. AB 885 Page 3 EXISTING LAW: 1)Establishes the California Fostering Connections to Success Act of 2010 which, among other provisions: a) Provides for the extension of transitional foster care to eligible youth up to age 21 as a voluntary program for youth who meet specified work and education participation criteria; and b) Requires changes to the Kin-GAP program in order to allow for federal financial participation in the program. (AB 12 (Beall), Chap. 559, Stats. 2010.) 2)Defines a "nonminor dependent" as a current or former foster child between the ages of 18 and 21 who is in foster care and under the responsibility of the county welfare department, county probation department, or Indian tribe and is participating in a transitional independent living plan. (Welfare & Institutions Code Section 11400(v). Unless stated otherwise, all further statutory references are to the Welfare & Institutions Code.) 3)Provides for the voluntary continuation or reentry into foster care for NMDs who meet general Aid to Families with Dependent Children-Foster Care (AFDC-FC) requirements, as specified. (Section 11403.) 4)Permits re-entry into extended foster care for a NMD whose guardian or adoptive parent died if the NMD is between the age of 18 and 21. (Section 11403(c).) 5)Allows a nonminor former dependent who previously received extended Kin-GAP or AAP benefits but whose guardian or adoptive parent died or no longer provides ongoing support, to AB 885 Page 4 petition the court to resume dependency under the extended foster care program, as specified. (Section 388.1.) 6)Makes legislative findings and declarations that the continuation of the state-funded Kin-GAP program is necessary to ensure that wards and dependent children of the juvenile court whose placement in the home of an approved relative that is funded under the California Work Opportunity and Responsibility to Kids (CalWORKs) program are equally eligible for the benefits derived from legal permanency with the related guardian and that the state can maximize improvements to federal permanency outcome measures by exiting nonfederally eligible youth to the state's subsidized kinship guardianship program. (Section 11360.) FISCAL EFFECT: As currently in print this bill is keyed fiscal. COMMENTS: This bill seeks to expand on legislation from last year to help former foster youth, between 18 and 21 years of age, whose permanency plans have failed, re-enter the foster care system. That bill, AB 2454 (Quirk-Silva), Chap. 769, Stats. 2014, addressed the needs of youth who were adopted out of foster care or who had a guardianship established but, for whatever reasons, had those relationships fail after the youth turned 18 but before turning 21. A youth who emancipates out of the foster care system is eligible for extended foster care up to the age of 21. However, if that former foster youth had been adopted or was under a guardianship when he or she turned 18 and that relationship then failed, the youth was, before last year's legislation, not eligible for extended foster care. AB 2454 allowed these youths to seek re-entry into the foster care system, but only if their adoptive parents or guardians no longer received aid on their behalf. This bill expands that slightly by allowing these youth to re-enter foster care even if their guardians or adoptive parents are still receiving aid on their behalf. This bill continues the Legislature's efforts to AB 885 Page 5 ensure that the FCSA is properly implemented and that more foster youth, ages 18-21 have the necessary support services as they prepare and transition into adulthood. In support of the bill, the author states: "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." California Fostering Connections to Success Act of 2010. The California Fostering Connections to Success Act of 2010 was landmark child welfare legislation to opt the state into two provisions of the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Fostering Connections Act). Specifically, the FCSA: 1.Re-enacted California's existing state- and county- funded Kin-GAP program to align it with new federal requirements and allow the state to bring federal financial participation into California's kinship guardianship assistance program for the first time; and, 2.Provides transitional foster care support to qualifying foster youth ages 18-21, phased-in over three years, beginning in 2012. The goal of the FCSA is to assist NMDs in their transition into adulthood, by providing them with the opportunity to create a case plan alongside their caseworkers tailored to their individual needs, which charts the course towards independent living through incremental levels of responsibility. It is a voluntary program grounded in evidence of how the option of continued support to age 21 can counter the dismal outcomes faced by youth who are forced to leave the foster care system at age 18, including high rates of homelessness, incarceration, AB 885 Page 6 reliance on public assistance, teen pregnancy, and low rates of high school and postsecondary graduation. In essence, FCSA seeks to mirror the type of continued guidance and assistance most young adults receive from their parents and families in their late teens and early twenties. It provides nonminors with the option to petition to re-enter care if they opt out of extended care and want to return before age 21, provided they meet the eligibility criteria set forth in federal and sate law. To be eligible to continue foster care benefits up to age 21, a NMD must: continue under the jurisdiction of the juvenile court; sign a mutual agreement which commits both the nonminor and the placing agency to certain responsibilities; reside in an approved, supervised placement; work alongside his or her caseworker to prepare and participate in the transitional independent living case plan; and have his or her status reviewed every six months. In addition, pursuant to the federal Fostering Connections Act, a youth must meet one of five work- or education-related eligibility criteria. Affected Programs. The Kin-GAP program is intended to help improve permanency opportunities for foster youth with relatives or legal guardians by providing financial support to help enable the foster youth's relatives to open their home to the youth. This support is not automatically given. The court, with a recommendation from the county social worker or probation officer, has discretion regarding whether termination of court involvement is in the child's best interest. Each family's situation is unique, therefore the decision regarding a child's permanent plan must be mutual between the county, the relative, and the child where age appropriate, in order to ensure that the chosen alternative will be successful. AB 885 Page 7 California's AAP was created to reduce the number of children in foster care and help provide stable, secure adoptive homes for eligible children. The amount of AAP support is based on the child's needs and family's circumstances, and continues until the child reaches age 18, unless a mental or physical disability creates eligibility until the age of 21. The AAP mitigates the financial difficulty many adoptive parents experience when meeting the special needs of children who were formerly placed in California's foster care system. This Bill Extends Transitional Foster Care Support to More Former Foster Youth. Current law provides opportunities for the court to resume jurisdiction of a former nonminor dependent or ward of the court for specified reasons. In these cases, a youth who was receiving foster care services when they turned 18 may opt to re-enter foster care so that he or she may remain in a healthy and safe environment and draw down services to help him or her transition into adulthood. In addition, the law specifically allows a former foster youth, whose adoptive parent or guardian dies before the youth turns 21, to re-enter as a NMD if he or she meets the specified criteria. Last year, this same opportunity was added for NMDs who have reached permanency through permanent guardianship or adoption, but whose adoptive parent or guardian then fail to provide ongoing support while the youth is between the age of 18 and 21. However, that new law extending foster care re-entry rights to nonminors currently requires adoptive parents and guardians who are receiving AAP or Kin-GAP benefits on behalf of a youth to terminate those benefits prior to the youth becoming eligible to petition for re-entry. This can create a significant barrier to re-entering foster care, because the youth often has no control over when or whether this funding is terminated. Also, 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. This bill AB 885 Page 8 eliminates those administrative hurdles and allows more struggling former foster youth to re-enter transitional foster care. According to the Alliance for Children's Rights: "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." REGISTERED SUPPORT / OPPOSITION: Support Alliance for Children's Rights (sponsor) California Alliance of Child and Family Services Children Now County Welfare Directors Association of California Family Law Section of the State Bar AB 885 Page 9 Legal Services for Prisoners with Children Opposition None on file Analysis Prepared by:Leora Gershenzon / JUD. / (916) 319-2334