BILL ANALYSIS Ó SENATE COMMITTEE ON HUMAN SERVICES Senator McGuire, Chair 2015 - 2016 Regular Bill No: AB 885 ----------------------------------------------------------------- |Author: |Lopez | ----------------------------------------------------------------- |----------+-----------------------+-----------+-----------------| |Version: |January 21, 2016 |Hearing |May 10, 2016 | | | |Date: | | |----------+-----------------------+-----------+-----------------| |Urgency: |No |Fiscal: |Yes | ---------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Mareva Brown | |: | | ----------------------------------------------------------------- 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: AB 885 (Lopez) Page 2 of ? 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)) AB 885 (Lopez) Page 3 of ? 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 AB 885 (Lopez) Page 4 of ? 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 AB 885 (Lopez) Page 5 of ? 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 AB 885 (Lopez) Page 6 of ? 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 ----------------------------------------------------------------- |Assembly Floor: |79 - | | |0 | |-----------------------------------------------------------+-----| |Assembly Appropriations Committee: |17 - | | |0 | |-----------------------------------------------------------+-----| AB 885 (Lopez) Page 7 of ? |Assembly Human Services Committee: |7 - | | |0 | | | | | | | | | | ----------------------------------------------------------------- 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. -- END --