BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 885 (Lopez) - Foster youth
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|Version: June 2, 2016 |Policy Vote: HUMAN S. 5 - 0, |
| | JUD. 7 - 0 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: August 1, 2016 |Consultant: Debra Cooper |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 885 would delete the requirement that a former
guardian or adoptive parent of a nonminor dependent no longer
receive aid on behalf of the nonminor in order for the nonminor
to resume dependency jurisdiction. In addition, this bill would
provide that a nonminor may voluntarily re-enter foster care if
the guardian(s) or adoptive parent(s) have died or are no longer
receiving payment on behalf of the nonminor.
Fiscal
Impact: Unknown, but potentially significant, local assistance
costs for administrative costs and an increase in grant
assistance. (GF)*
*Proposition 30 (November 2012) eliminated any potential
mandate funding liability for any new program or higher level
of service mandated on local agencies related to realigned
programs, including child welfare services and foster care.
Rather, legislation enacted after September 30, 2012, that has
AB 885 (Lopez) Page 1 of
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an overall effect of increasing the costs already borne by a
local agency for programs or levels of service mandated by
realignment only apply to local agencies to the extent that
the state provides annual funding for the cost increase. Local
agencies are not obligated to provide programs or levels of
service required by legislation above the level for which
funding has been provided.
Background: The California Fostering Connections to Success Act of 2010
exercised the state option under the federal Fostering
Connections to Success and Increasing Adoptions Act of 2008 to
assist foster youth in transitioning to adulthood by allowing
continued foster care eligibility for nonminor dependents
between age 18 and 21 in the Foster Care, Adoption Assistance
Payment (AAP), and Kinship Guardianship Assistance Payment
(Kin-GAP) programs.
Passage of AB 2454 (Quirk-Silva, Chapter 769, Statutes of 2014)
allows former foster youth whose guardian or adoptive parent is
no longer providing them with support to reenter foster care as
a nonminor dependent. However, unintentional administrative
barriers were included in AB 2454 that require a nonminor to
prove that his or her guardians or adoptive parents are no
longer receiving support, on behalf of the nonminor, before
having an opportunity to petition the court. In cases where a
relationship between the nonminor and guardian or adoptive
parent no longer exists, yet the parent or guardian continues to
receive funding while providing no support to the nonminor, the
nonminor is ineligible to petition the court to reenter foster
care.
Proposed Law:
This bill deletes the requirement that a former guardian or
adoptive parent must no longer be receiving payment benefits, as
specified, on behalf of the nonminor in order for the nonminor
to petition the juvenile court for a hearing to assume
dependency jurisdiction over him or her or for the court to
assume dependency jurisdiction over him or her.
This bill also allows a nonminor to voluntarily reenter foster
care if the nonminor's guardian(s) or adoptive parent(s) are
deceased or are no longer receiving payment on behalf of the
AB 885 (Lopez) Page 2 of
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nonminor.
Requires that the court must give notice of a hearing set due to
the nonminor's petition, at least three days prior to the
hearing, and adds the nonminor's guardian(s) and adoptive
parent(s) to the list of individuals who the court must notify.
Requires the Department of Social Services to define "ongoing
support," as described, no later than July 1, 2017.
Related
Legislation: AB 2454 (Quirk-Silva, Chapter 769, Statutes of
2014) permits a nonminor former dependent who previously
received extended Kin-GAP or AAP, but whose guardian(s) or
adoptive parent(s) no longer provides ongoing support to, and no
longer receives aid on behalf of the nonminor, to petition the
court to resume dependency under the extended foster care
program.
Staff
Comments: The reentry rate of nonminor dependents is not
tracked and is therefore unknown at this time. Each nonminor
dependent case that reenters foster care would cost
approximately $6,000 ($4,000 GF) per year. This includes
participation in Transitional Housing Placement - Plus Foster
Care ($3,043 per year plus an additional $88 foster care
administration rate per month) and participation in a Supervised
Independent Living Placement ($886 per year plus an additional
$88 foster care administration rate per month).
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