BILL ANALYSIS                                                                                                                                                                                                    Ó





                             SENATE JUDICIARY COMMITTEE
                         Senator Hannah-Beth Jackson, Chair
                             2015-2016  Regular  Session


          AB 1911 (Eggman)
          Version: June 16, 2016
          Hearing Date:  June 21, 2016
          Fiscal: Yes
          Urgency: No
          NR   


                                        SUBJECT
                                           
                                 Dual-status minors

                                      DESCRIPTION  

          This bill would require the Judicial Council to convene a  
          committee comprised of stakeholders involved in serving the  
          needs of juvenile dependents and wards to develop and report to  
          the Legislature, by January 1, 2018, its recommendations to  
          facilitate and enhance comprehensive data and outcome tracking  
          for the state's dual-status youth. 

          This bill would also require the State Department of Social  
          Services, on or before January, 1, 2019, to implement a function  
          within the Child Welfare Services/Case Management System that  
          will enable county child welfare agencies and county probation  
          departments to identify dual-status youth within their counties,  
          and to issue instructions to all counties on the manner in which  
          to completely and consistently track the involvement of these  
          youth in both the child welfare system and the juvenile justice  
          system.

                                      BACKGROUND  

          Together, the dependency and delinquency systems make up  
          California's juvenile justice system. The Welfare & Institutions  
          Code governs the juvenile justice system, and provides for the  
          treatment and care of dependent children, as well as the  
          punishment and rehabilitation of delinquent children. While  
          components of the same system, these two entities are separate  
          in many respects. They are often physically separate, and there  








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          are separate judges, separate agencies, and separate attorneys  
          to help children navigate through these processes.  Research  
          shows that the outcomes for youth who crossover from dependency  
          to delinquency are dismal. Crossover youth demonstrate a higher  
          incidence of substance abuse, mental health problems, and  
          educational difficulties when compared with their peers who are  
          involved in only one system. One Los Angeles-based study found  
          that over 83 percent of crossover youth had mental health or  
          substance abuse problems and over 45 percent were truant. When  
          compared with their peers who are only involved in the  
          dependency system, crossover youth are more likely to experience  
          substantial difficulty transitioning to adulthood. They are more  
          likely to be on public welfare, two to three times more likely  
          to access at least two or three government service systems, and  
          are less likely to be consistently employed within a few years  
          of emancipation. (Wylie, Closing the Crossover Gap: Amending  
          Fostering Connections to Provide Independent Living Services for  
          Foster Youth Who Crossover to the Justice System (2014) 52 Fam.  
          Ct. Rev. 298, 300.)

          Prior to 2005, all California counties exercised "exclusive  
          jurisdiction" over these youth, meaning a child could only  
          receive services from either the dependency or delinquency  
          system.  In cases where the court terminated dependency  
          jurisdiction after the child violated the law, the child lost  
          child welfare benefits, such as drug rehabilitation services,  
          mental health counseling, and court-appointed parental  
          supervision, in exchange for probation. (Jessica Springer,  
          Orange County's Answer to the Dual Jurisdictional Dilemma (2014)  
          56 Orange County Lawyer 30.) Recognizing the needs of this  
          particular population, the Legislature passed AB 129 (Cohn, Ch.  
          468, Stats. 2004) which gave counties the discretion to exercise  
          either dual or exclusive jurisdiction over crossover youths.   
          Despite this authority, only nine counties have adopted  
          protocols in response to AB 129 and, thus, most still operate  
          under an exclusive jurisdiction system.  The State Auditor,  
          directed by the Joint Legislative Audit Committee, was asked  
          last year to determine how well counties are serving crossover  
          youth.  The State Auditor found it could generally not determine  
          how county programs were performing because the state had not  
          issued guidelines to the counties on how to track or even  
          identify these youth, and thus, it was "difficult to determine  
          the success of county efforts."  (California State Auditor,  
          Dually Involved Youth: The State Cannot Determine the  
          Effectiveness of Efforts to Serve Youth Who Are Involved in Both  







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          the Child Welfare and Juvenile Justice Systems Report 2015-115  
          (Feb. 2016) p. 2.) 

          Accordingly, this bill would require the Judicial Council to  
          convene a committee for the purpose of establishing  
          recommendations to facilitate and enhance comprehensive data and  
          outcome tracking for crossover youth.  The bill would also  
          require the State Department of Social Services to implement a  
          function within the Child Welfare Services/Case Management  
          System that will allow counties and probation departments to  
          identify youth involved in both the child welfare system and the  
          juvenile justice system who are residing within their counties,  
          and to issue instructions on how to track the involvement of  
          these youth in both systems.

                                CHANGES TO EXISTING LAW
          
           Existing law  provides that a minor may be removed from the  
          physical custody of his or her parents and become a dependent of  
          the juvenile court for serious abuse or neglect, or risk of  
          serious abuse or neglect, as specified. (Welf. & Inst. Code Sec.  
          300.)

           Existing law  provides that a juvenile court has jurisdiction  
          over a child when that child has committed acts that trigger  
          delinquency jurisdiction rendering the child a ward.  (Welf. &  
          Inst. Code Secs. 601 and 602.) 

           Existing law  requires, if a child is both a dependent and a  
          delinquent, the probation department and child welfare services  
          department to determine which status will best serve the  
          interests of the child and the protection of society, and  
          authorizes the probation department and the child welfare  
          services department in any county, in consultation with the  
          presiding juvenile court judge, to create a dual status protocol  
          which would permit a minor who meets specified criteria to be  
          designated simultaneously as both a dependent child and a ward  
          of the juvenile court.  (Welf. & Inst. Code Sec. 241.1.)
          
           This bill  would require the Judicial Council to convene a  
          committee of stakeholders serving the needs of dependents and  
          wards of the juvenile court, including judges; social workers;  
          probation officers; education officials; youth, attorneys and  
          advocates involved with both the child welfare and juvenile  
          justice systems; and representatives from the Department of  







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          Social Services (DSS), child welfare agencies and probation  
          agencies. 

           This bill  would require the committee, by January 1, 2018, to  
          develop and report to the Legislature recommendations to  
          facilitate and enhance comprehensive data and outcome tracking  
          for youth involved in both the child welfare and juvenile  
          justice systems including: 
           common identifiers and standard definitions for counties to  
            use across child welfare and juvenile justice systems; 
           identified and defined outcomes for counties to track youth  
            involved in both systems, including, but not limited to,  
            outcomes related to recidivism, health, pregnancy,  
            homelessness, employment and education; 
           established baselines for outcomes to be tracked; and 
           an assessment of costs and benefits associated with requiring  
            counties to implement the committee's recommendations.

           This bill  would require, by January 1, 2019, DSS to implement a  
          function within the child welfare automation system that will  
          allow county child welfare and juvenile justice departments to  
          identify youth involved in both systems and to issue  
          instructions to all counties on how to track completely and  
          consistently the involvement of these youth in both systems.

                                           




                                       COMMENT
           

           1.Stated need for the bill
           
          According to the author: 

            The key issue this bill is raising is the ability for counties  
            to identify and track youth who are involved in both the child  
            welfare and juvenile justice systems.  The lack of common  
            identifiers, standardized definitions for youth involved in  
            both systems and identified outcomes for tracking leaves the  
            counties without the information needed to track this  
            population.








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           2.If identified, dual status youth could be provided better care  
            and services

           Despite the separation between the dependency and the  
          delinquency system, there is considerable overlap with the  
          children that are involved in both systems. Research  
          consistently confirms that children who are abused and  
          maltreated are much more likely to engage in delinquent and  
          criminal behavior than the general population. It is estimated  
          that "child abuse and neglect increase the risk of any arrest of  
          a juvenile by 55 percent and the risk of committing a violent  
          crime by 96 percent." (Schaumleffel, Kiley Dual Jurisdiction in  
          California: How the Juvenile Courts are Failing Crossover Youth  
          (2013) 17 UC Davis J. Juv. L. & Pol'y 77, 82.)

          The link between dependency and delinquency has been of interest  
          to state policy makers for over a decade.  As early as 2005, the  
          Administrative Office of the Courts noted that "much of the  
          difficulty in establishing the scope of the relationship between  
          juvenile dependency and delinquency arises from the lack of  
          research and data in general and from methodological differences  
          with the studies that do exist." (See Intersection Between  
          Juvenile Dependency and Delinquency: Available Research (2005)  
            
          [as of May 23, 2016].) In 2004, the Legislature passed AB 129  
          (see Background) allowing counties to create local protocols for  
          crossover youth.  There have since been numerous bills on the  
          classification of sexually trafficked youth, and since AB 12  
          (Beall & Bass, Ch. 559, Stats. 2010) many bills on the ability  
          of youth to continue in, or reenter, foster care until 21 years  
          of age.  

          Yet, despite the profusion of legislation, research, and  
          studies, crossover youth in California remain largely  
          unidentified and underserviced.  This bill would take a measured  
          and proactive approach to address the lack of data and services  
          related to this population.  First, this bill would require the  
          Judicial Council to convene a committee comprised of  
          professionals who are involved with serving the needs youth in  
          the dependency and delinquency systems to develop and report to  
          the Legislature recommendations including:  (1) a common  
          identifier for counties to use to reconcile data across child  
          welfare and juvenile justice systems statewide; (2) standardized  
          definitions for terms related to crossover youth; (3) identified  
          and defined outcomes for counties to track youth involved in  







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          both the child welfare system and the juvenile justice system;   
          and (4) established baselines and goals for these youth, as  
          specified.  

          Secondly, this bill would require, within one year after the  
          committee is required to submit recommendations to the  
          Legislature, the Department of Social Services to (1) update the  
          statewide Child Welfare Services/Case Management System with a  
          function that will enable county child welfare agencies and  
          county probation departments to identify crossover youth within  
          their respective systems, and (2) instruct all counties on how  
          to completely and consistently track the involvement of these  
          youth in both the child welfare and juvenile justice system. 

          In support, the Children's Advocacy Institute at the University  
          of San Diego School of Law argues that these children are in the  
          greatest need of services, which this bill would help identify.   


            Although dual-status youth often make up only a small portion  
            of those in the foster care system (in California, about 3,000  
            foster youth enter the juvenile justice system at a given  
            time), these youth are by definition uniquely in need of an  
            attentive and loving upbringing, even among a broader  
            population of abused or neglected children. 


           Support :  Children Now

           Opposition  :  None Known 

                                        HISTORY
           
           Source  :  Children's Advocacy Institute

           Related Pending Legislation  : None Known

           Prior Legislation  :

          AB 2573 (Stone, 2014) would have authorized a court to assume or  
          resume transition jurisdiction over a nonminor who attained 18  
          years of age while subject to an order for foster care placement  
          without consideration of whether the rehabilitative goals of the  
          nonminor ward, as set forth in the case plan, had been met. This  
          bill was held on suspense in the Senate Appropriations  







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          Committee.

          AB 787 (Stone, Ch. 487, Stats. 2013) made clarifying and  
          technical changes to the California Fostering Connections to  
          Success Act (Act) to ensure the continued implementation of the  
          Act.

          AB 1712 (Beall, Ch. 846, Stats. 2012) made technical and  
          clarifying changes to the California Fostering Connections to  
          Success Act.

          AB 212 (Beall, Ch. 459, Stats. 2011) made technical and  
          clarifying changes to the California Fostering Connections to  
          Success Act.

          AB 12 (Beall and Bass, Ch. 559, Stats. 2010) established the  
          California Fostering Connections to Success Act, which extended  
          transitional foster care services to eligible youth between ages  
          18 and 21 and required California to seek federal financial  
          participation for Kin-GAP.

           Prior Vote  :

          Senate Human Services Committee (Ayes 4, Noes 0)
          Assembly Floor (Ayes 78, Noes 0)
          Assembly Appropriations Committee (Ayes 20, Noes 0)
          Assembly Human Services Committee (Ayes 7, Noes 0)
          Assembly Judiciary Committee (Ayes 10, Noes 0)

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