BILL ANALYSIS Ó AB 1849 Page 1 Date of Hearing: March 29, 2016 ASSEMBLY COMMITTEE ON HUMAN SERVICES Susan Bonilla, Chair AB 1849 (Gipson) - As Amended March 28, 2016 SUBJECT: Foster youth: transition to independent living: health insurance coverage SUMMARY: Adopts changes to conform to existing law mandating uninterrupted Medi-Cal coverage until age 26 for former foster youth, as specified. Specifically, this bill: 1)Expands the information, documents, and services that a county welfare department must verify have been provided, or that attempts have been made to provide, to a nonminor prior to the court terminating dependency jurisdiction to include: a) Written verification that the nonminor is enrolled in Medi-Cal; b) The nonminor's Medi-Cal Benefits Identification Card; and AB 1849 Page 2 c) Continued and uninterrupted enrollment in Medi-Cal, as specified. 2)Requires mandatory health insurance information included in a youth's or nonminor's 90-day transition plan to include verification that the youth or nonminor is enrolled in Medi-Cal, alongside a description of the steps that have been or will be taken to ensure that the youth or nonminor is transitioned into the Medi-Cal program for former foster youth upon case closure with no interruption in coverage and without a new application being required, as specified. EXISTING LAW: 1)Permits the juvenile court to adjudge a child a dependent of the court for specified reasons, including, but not limited to, if a child has suffered or is at substantial risk of suffering serious physical harm, emotional damage, or sexual abuse, as specified. (WIC 300) 2)States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being physically, sexually, or emotionally abused, neglected, or exploited, and to ensure the safety, protection, and physical and emotional well-being of children who are at risk of harm. (WIC 300.2) 3)Declares the intent of the Legislature to, whenever possible, preserve and strengthen a child's family ties and, when a child must be removed from the physical custody of his or her parents, to give preferential consideration to placement with relatives. States the intent of the Legislature to reaffirm its commitment to children who are in out-of-home placement to live in the least restrictive family setting and as close to AB 1849 Page 3 the child's family as possible, as specified. Further states the intent of the Legislature that all children live with a committed, permanent, nurturing family and states that services and supports should be tailored to meet the specific needs of the individual child and family being served, as specified. (WIC 16000) 4)Requires out-of-home placement of a child in foster care to be based upon selection of a safe setting that is the least restrictive family setting that promotes normal childhood experiences and the most appropriate setting that meets the child's individual needs, as specified. Further requires the selection of placement to consider, in order of priority, placement with: relatives, nonrelated extended family members, and tribal members; foster family homes, resource families, and nontreatment certified homes of foster family agencies; followed by treatment and intensive treatment certified homes of foster family agencies or multidimensional treatment foster care homes or therapeutic foster care homes; group care placements in the order of short-term residential treatment centers, group homes, community treatment facilities, and out-of-state residential treatment, as specified. (WIC 16501.1(d)(1)) 5)Revises and expands federal funding and programs for certain foster and adopted children via the Fostering Connections to Success and Increasing Adoptions Act of 2008. (P.L. 110-351) 6)Provides for extended foster care funding for youth until age 21, as well as adopts other changes to conform to the federal Fostering Connections to Success Act. (WIC 241.1, 303, 366.3, 388, 391, 450, 11400, 11402, 11403) 7)Defines "nonminor dependent" as a current or former foster youth who is between 18 and 21 years old, in foster care under the responsibility of the county welfare department, county probation department, or Indian Tribe, and participating in a AB 1849 Page 4 transitional independent living plan, as specified. (WIC 11400 (v)) 8)Prohibits the dependency court from terminating jurisdiction over a nonminor until a hearing is conducted and the county welfare department has submitted a report verifying that specified information, documents, and services have been provided, or that attempts have been made to provide them, to the nonminor. (WIC 391 (e)(1)) 9)Establishes requirements for the development and maintenance of a case plan for youth in the child welfare services system. (WIC 16501.1) 10)Requires, pursuant to federal law as specified, an individual who was in foster care on his or her 18th birthday to receive Medi-Cal benefits until his or her 26th birthday, and to be continuously enrolled during this period without any interruption in coverage or new application required. (WIC 14005.28) FISCAL EFFECT: Unknown. COMMENTS: Child Welfare Services: The purpose of California's Child Welfare Services (CWS) system is to protect children from abuse and neglect and provide for their health and safety. When children are identified as being at risk of abuse, neglect or abandonment, county juvenile courts hold legal jurisdiction and children are served by the CWS system through the appointment of a social worker. Through this system, there are multiple opportunities for the custody of the child, or his or her AB 1849 Page 5 placement outside of the home, to be evaluated, reviewed and determined by the judicial system, in consultation with the child's social worker, to help provide the best possible services to the child. The CWS system seeks to help children who have been removed from their homes reunify with their parents or guardians, whenever appropriate, or unite them with other individuals they consider to be family. Extended foster care is available to youth up to the age of 21, provided certain conditions are met. As of October 1, 2015, there were 62,605 children in California's child welfare system, 7,580 of whom were between the ages of 18 and 20. In 2014, 2,500 youth ages 18 and over exited foster care, with 1,623 (65 %) of them exiting to emancipation. Medi-Cal coverage for former foster youth: The federal Patient Protection and Affordable Care Act (ACA) allows young adults to be covered under their parents' health insurance until age 26. If a youth was in foster care on his or her 18th birthday and receiving Medicaid, and later emancipates, he or she is required to receive continued, uninterrupted health insurance coverage through Medicaid (called Medi-Cal in California), regardless of income, and with no need to complete a new application. Need for this bill: SB 508 (Hernandez), Chapter 831, Statutes of 2014, clarified, per the ACA, that former foster youth are eligible for Medi-Cal coverage up to age 26 if the youth was in AB 1849 Page 6 foster care on his or her 18th birthday. This bill adopts conforming changes to CWS processes to ensure that nonminors are provided continued, uninterrupted, Medi-Cal coverage. According to the author, this bill "will clarify that child welfare and probation workers must ensure the youth have their Medi-Cal benefit cards and other information regarding their eligibility for Medi-Cal until age 26. Child welfare workers must also verify that the young person has been transitioned into the Medi-Cal program for former foster youth with no interruption in coverage and no new application. Youth aging out of foster care have disproportionately high rates of physical and behavioral health issues. It is essential that these youth have ongoing health coverage and are given information about their automatic Medi-Cal eligibility until age 26. Without access to health insurance these young people are at serious risk of ongoing health problems. The lack of conformity in existing law is a barrier to a smooth transition to continuing coverage." PRIOR LEGISLATION: SB 508 (Hernandez), Chapter 831, Statutes of 2014, adopted a number of changes to Medi-Cal eligibility rules to codify existing eligibility levels or clarify changes made to the program's eligibility requirements when the state expanded eligibility under the federal Patient Protection and Affordable Care Act, including clarifying that former foster youth are eligible for Medi-Cal coverage up to age 26 if he or she was in foster care on his or her 18th birthday, as specified. REGISTERED SUPPORT / OPPOSITION: AB 1849 Page 7 Support Alliance for Children's Rights Aspiranet California Alliance of Child and Family Services California Black Health Network (CBHN) California CASA Association California Pan-Ethic Health Network (CPEHN) California Primary Care Association (CPCA) California Youth Connection Children Now Children's Advocacy Institute Children's Law Center of California (CLC) Community Clinic Association of Los Angeles AB 1849 Page 8 Community College Foundation East Bay Children's Law Offices (EBCLO) Families NOW FosterClub Inc., Health Access California John Burton Foundation Journey House, Inc. National Center for Youth Lawn (NYCL) National Health Law Program Orangewood Foundation Public Counsel's Children's Rights Project Sanctuary of Hope St. Anne's AB 1849 Page 9 UCLA Bruin Guardian Scholars Program Western Center on Law and Poverty Young Minds Advocacy Youth Law Center Opposition None on file. Analysis Prepared by:Daphne Hunt / HUM. S. / (916) 319-2089