BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 885


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          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  








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          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.










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          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  








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            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  








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          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,  








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          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.










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          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  








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          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








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          Legal Services for Prisoners with Children




          




          Opposition


          None on file




          Analysis Prepared by:Leora Gershenzon / JUD. / (916) 319-2334