BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON HUMAN SERVICES
                               Senator McGuire, Chair
                                2015 - 2016  Regular 

          Bill No:              AB 885
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          |Author:   |Lopez                                                 |
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          |Version:  |January 21, 2016       |Hearing    |May 10, 2016     |
          |          |                       |Date:      |                 |
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          |Urgency:  |No                     |Fiscal:    |Yes              |
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          |Consultant|Mareva Brown                                          |
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                               Subject:  Foster youth


            SUMMARY
          
          This bill deletes the requirement that a former guardian or  
          adoptive parent of a nonminor dependent no longer receive aid on  
          behalf of the nonminor before the juvenile court may resume  
          dependency jurisdiction, and makes other related changes.

            ABSTRACT
          
          Existing law:

             1)   Establishes under the California Fostering Connections  
               to Success Act and the corresponding federal Fostering  
               Connections to Success Act an option for states to receive  
               federal financial participation to continue foster care  
               eligibility for nonminor dependents between the ages of 18  
               and 21 under specific conditions. (WIC 11403)


             2)   Establishes various supports for dependent or former  
               dependent children and the families that care for them.  
               Each of the federally reimbursed programs has a corollary  
               state-only funded program for children who are not eligible  
               under Aid to Families with Dependent Children (AFDC) income  
               eligibility criteria from 1996. These programs include: 









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                           Aid to Families with Dependent Children-Foster  
                    Care  (WIC 11401) 
                           Kinship Guardianship Assistance Payment  
                    Program (Kin-GAP); (WIC 11360; WIC 11385)
                           Adoption Assistance Program  (WIC 16115)
                           Non Relative Legal Guardianship (WIC 11405)

             1)   Permits a former nonminor dependent or delinquent who  
               turned 18 years of age while under the order of a foster  
               care placement and who is under the age of 21 to petition  
               the court which found the nonminor to be a dependent or  
               delinquent child to resume dependency jurisdiction. (WIC  
               388)


             2)   Requires a court to set a hearing within 15 judicial  
               days of a nonminor's petition to resume dependency if the  
               minor was under the juvenile court jurisdiction when  
               guardianship was established, and the guardian or adoptive  
               parent died when the nonminor was between 18 and 21 years  
               of age or the guardian or adoptive parent no longer  
               provides ongoing support and no longer receives payment on  
               behalf of the minor, as specified. (WIC 388.1 (c))


             3)   Permits nonminor dependents and former dependents to  
               voluntarily continue or re-enter foster care before or  
               after filing a petition to establish eligibility upon  
               meeting specified requirements. (WIC 388.1)


             4)   Establishes that termination of kinship guardianship  
               also terminates eligibility for Kin-GAP unless specified  
               conditions apply and an alternate guardian or co-guardian  
               is appointed. (WIC 388.1 (e))


             5)   Permits a nonminor former dependent who previously  
               received Kin-GAP or AAP, and whose guardian or adoptive  
               parent dies or no longer provides ongoing support or  
               receives benefits on behalf of the nonminor, to petition  
               the court to re-enter extended foster care if the nonminor  
               meets other criteria for eligibility for extended foster  
               care. (WIC 388.1 and WIC 11403 (c))








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          This bill:

             1)   Deletes various requirements that a former guardian of a  
               nonminor dependent be no longer receiving Kin-GAP aid or  
               adoption assistance payment benefits on behalf of the minor  
               in order for a judge to hear a petition to resume the  
               nonminor's dependency, while retaining the requirement that  
               the former guardian no longer be providing support.
          
             2)   Eliminates the requirement that a guardian or adoptive  
               parent no longer receive payment on behalf of the minor for  
               a court to resume dependency jurisdiction or to receive  
               aid, among other considerations.

             3)   Permits voluntary reentry to foster care only if the  
               nonminor's guardian or guardians, or adoptive parent or  
               parents, as applicable, have died or are no longer  
               receiving payment on behalf of the nonminor.  


             4)   Adds the nonminor's adoptive parent or parents and the  
               nonminor's guardian or guardians to the list of individuals  
               that the court must notify of a hearing set due to a  
               nonminor's petition.


          
            FISCAL IMPACT
          
          According to an analysis by the Assembly Committee on  
          Appropriations, this bill will result in an ongoing increase in  
          state costs in the range of $78,000 to $103,000 (General Fund)  
          per year for each nonminor former dependent that resumes  
          dependency under the extended FC program. To the extent two  
          cases per year resume dependency under the extended FC program,  
          cumulative costs would range between $310,000 and $410,000  
          annually after two years, including grant and additional social  
          worker administrative costs, according to the analysis. 


          To the extent a nonminor former dependent would have otherwise  








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          remained in extended Kin-GAP or AAP, estimated costs would be  
          offset in part by savings from terminated guardianship/adoptions  
          of $10,000 to $12,000 per case per year once those cases are  
          terminated. This bill allows a former dependent to petition for  
          re-entry while their guardians or adoptive parents are still  
          receiving aid on their behalf. Until those payments cease, those  
          costs would continue to be incurred, the Assembly analysis  
          noted.



            BACKGROUND AND DISCUSSION
          
          Purpose of the bill:

          According to the author, this bill eliminates unintentional  
          administrative barriers that were included in AB 2454 (Quirk  
          Silva, Chapter 769, Statutes of 2014). These barriers require  
          the foster youth to prove that their adoptive parents or  
          guardians are no longer receiving support on behalf of the  
          nonminor before having an opportunity to petition the court, the  
          author states. In some cases, the relationship between the  
          nonminor and guardian or adoptive parent has soured, yet the  
          parent or guardian continues to receive funding while providing  
          no support to the nonminor. In those cases, under current law,  
          the minor would be ineligible to petition the court to re-enter  
          foster care.

          This bill would clarify that a nonminor who voluntarily  
          re-enters foster care may do so if funding has ceased to a  
          guardian or adoptive parent. It also permits a nonminor to  
          petition the court in instances where funding continues to a  
          guardian or adoptive parent but the nonminor is not being  
          supported. The court can then determine whether the youth is  
          being supported and whether the youth is permitted to re-enter  
          extended foster care. 

          Nonminor dependents
          
          In 2008, the federal Fostering Connections to Success and  
          Increasing Adoptions Act (P.L. 110-351) made significant policy  
          changes to the states' child welfare programs, including  
          creating a program of extended foster care for nonminor former  
          dependents who are between ages 18 and 21. States were given the  








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          option to participate. Nonminors must meet certain eligibility  
          requirements, including: 

                 Working toward completing secondary education or a  
               program leading to an equivalent credential.


                 Enrollment in an institution that provides  
               post-secondary or vocational education.


                 Participating in a program or activity designed to  
               promote, or remove barriers to, employment.


                 Employed for at least 80 hours per month.


                 Incapable of doing any of the above because of a medical  
               condition.

          California opted to participate in the federal program two years  
          later with the passage of AB 12 (Beall and Bass, Chapter 559,  
          Statutes of 2010), and subsequent cleanup legislation (AB 212,  
          Beall, Chapter 459, Statutes of 2011; AB 1712, Beall, Chapter  
          846, Statutes of 2012, and others)
          A California youth must meet four basic eligibility requirements  
          to receive support after age 18. Her or she must be under an  
          order for foster care placement on his or her 18th birthday,  
          meet one of the five participation conditions listed above,  
          agree to live in a supervised placement that is licensed or  
          approved for 18 to 21 year olds, and continue under the  
          jurisdiction of a juvenile court as a dependent, under  
          transitional jurisdiction or as a ward of the court.

          Re-entry into foster care

          In order to re-enter foster care, a nonminor dependent must  
          submit a petition to the juvenile court in which he or she was  
          previously found to be a dependent or delinquent for a hearing  
          to determine whether the court will resume dependency. A court  
          has 15 days in which to set the hearing, and must notify the  
          nonminor and appropriate child welfare or probation department,  
          as well as any other person requested by the nonminor of the  








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          hearing's time, date and location. Prior to the hearing, the  
          nonminor may voluntarily re-enter foster care if the guardian or  
          adoptive parent has died or is no longer receiving aid or  
          benefits on behalf of the nonminor. 

          Related legislation:

          AB 2454 (Quirk Silva, Chapter 769, Statutes of 2014) permits a  
          nonminor former dependent who previously received extended  
          Kinship Guardianship Assistance Payment (Kin-GAP) or Adoption  
          Assistance Payment (AAP), but whose former guardians are no  
          longer providing support to the nonminor, to petition the court  
          to resume dependency under the extended foster care program.

          AB 12 (Beall, Chapter 559, Statutes of 2010) the California  
          Fostering Connections to Success Act provides an option for  
          continued jurisdiction of federally-eligible nonminor dependents  
          or former dependents of the juvenile court who are between the  
          ages of 18 and 21, as specified.

            COMMENTS
          
          This bill centers on the determination that a guardian or  
          adoptive parent is no longer providing ongoing support to a  
          nonminor dependent. However, the definition of "ongoing support"  
          is vague. Staff recommends the author amend the bill as follows:
           
           Add section (f) to WIC 388.1: 
           (f) No later than July 1, 2017, the State Department of Social  
          Services shall promulgate a regulation defining "ongoing  
          support," as described in this chapter.
           



            PRIOR VOTES
          
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          |Assembly Floor:                                            |79 - |
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          |Assembly Appropriations Committee:                         |17 - |
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          |Assembly Human Services Committee:                         |7 -  |
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            POSITIONS
          Support:       
               Alliance for Children's Rights 
               Aspiranet
               California Alliance of Child and Family Services
               Children Now
               Children's Law Center of California
               County Welfare Directors Association of California
               Executive Committee of the Family Law Section of the State  
          Bar of California
               John Burton Foundation for Children Without Homes
               Legal Services for Children 
               Legal Services for Prisoners with Children
               Public Counsel's Children's Rights Project 
               Santa Clara County Board of Supervisors
               Youth Law Center

          Oppose:
               None received.

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