BILL ANALYSIS Ó
AB 1984
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Date of Hearing: April 12, 2016
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Susan Bonilla, Chair
AB 1984
(Linder) - As Amended March 31, 2016
SUBJECT: Foster youth: enrichment activities
SUMMARY: Establishes the California Foster Youth Enrichment
Grant Program.
Specifically, this bill:
1)Creates the California Foster Youth Enrichment Grant Program
to provide grants to foster youth to participate in activities
that enhance their skills, abilities, self-esteem, or overall
well-being.
2)Requires the Department of Social Services (DSS), by March 1,
2017, to convene a workgroup to develop an implementation plan
to maximize the grant program's impact and further specifies
that the workgroup shall be composed of members that represent
the interests of foster youth.
3)Requires DSS, by January 1, 2018, and upon appropriation by
the Legislature, to establish the California Foster Youth
Enrichment Grant Program, as specified.
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4)Requires grant applicants to be all of the following
immediately prior to approval of a grant:
a) A California foster youth between the ages of 6 and 17,
or a nonminor dependent;
b) Placed in a foster family home, certified family
home, or group home; and
c) Enrolled in a California school.
5)Requires grants awarded to be no more than $500 and to fund a
program, service, or product, and any directly related costs,
that provide any of the following to a foster youth, as
specified:
a) Skill development;
b) Academic or school-related assistance; or
c) Recreational or social participation.
6)Prohibits grants from being awarded that do not directly
contribute to enhancing a foster youth's skills, abilities,
self-esteem or overall well-being and further specifies that
this prohibition applies to child care expenses for the foster
youth or his or her child, and a vacation with the foster
youth's foster family.
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7)Requires DSS to develop a grant application form that contains
specified information including, but not limited to, evidence
of eligibility and the need for, use of, anticipated cost of
and projected benefit to the youth of the program, product or
service.
8)Requires DSS to develop a form on which the recipient shall
submit, within six months of the grant being awarded,
specified documentation regarding the use of the grant and
further prohibits a recipient from being eligible for a
subsequent grant until this documentation is received.
9)Requires DSS, by January 1, 2021, to submit a report to the
Legislature containing specified data and information on the
grant program.
10)States Legislative intent that DSS explore the feasibility of
transitioning the program to private funding and control.
11)Sunsets the provisions of this bill as of January 1, 2022.
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
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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
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))
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5)Enumerates rights of minors and nonminors in foster care,
including but not limited to the right to: live in a safe,
healthy, and comfortable home where he or she is treated with
respect; be free from physical, sexual, emotional, or other
abuse, or corporal punishment; receive adequate and healthy
food, adequate clothing, and, for youth in group homes, an
allowance; receive medical, dental, vision, and mental health
services; be involved in the development of his or her own
case plan and plan for permanent placement; and review his or
her own case plan and plan for permanent placement, if he or
she is 12 years of age or older and in a permanent placement,
and receive information about his or her out-of-home placement
and case plan, including being told of changes to the plan.
(WIC 16001.9)
6)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
transitional independent living plan, as specified. (WIC
11400 (v))
7)Defines "reasonable and prudent parent" or "reasonable and
prudent parent standard" to mean the standard characterized by
careful and sensible parental decisions that maintain the
health, safety, and best interests of a child while
simulataneously encouraging emotional and developmental
growth. Further requires a caregiver to use this standard
when determining whether to permit a child in foster care to
participate in age or developmentally appropriate
extracurricular, enrichment, cultural, or social activities,
as specified. (WIC 362.05 (c)(1))
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8)Requires every child adjudged a dependent of the juvenile
court to be entitled to participate in age-appropriate
extracurricular, enrichment, and social activities and further
prohibits state or local regulation or policy from preventing
or creating barriers to participation in those activities, as
specified. (WIC 362.05)
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
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.
As of January 1, 2016, there were 62,148 children in
California's child welfare system; 32,590 of these children were
between the ages of 6 and 17, and 7,622 were nonminor dependents
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(i.e., between the ages of 18 and 21).
"Normalcy" for foster youth: Recent federal legislation from
2014 - the Preventing Sex Trafficking and Strengthening Families
Act (P.L. 113-183) - adopted a number of changes that, among
other things, sought to assist in creating "normalcy" for youth
in foster care. Many states including California, followed suit
with conforming state legislation (in California, this was SB
794 [Senate Committee on Human Services], Chapter 425, Statutes
of 2015).
A core principle behind "normalcy" is recognizing the right of
foster children to engage in extracurricular and social
activities on a regular basis. One tool for removing barriers
to such engagement is the adoption and use of a "reasonable and
prudent parent standard" - this standard, while maintaining the
expectation that caregivers always seek to ensure a foster
youth's safety, also calls on caregivers to allow foster youth
to engage in the same range of activities that other parents
allow for their children. California has recognized the need to
support the right of foster children to engage in a range of
activities, and to call for a prudent parent standard, for some
time; AB 408 (Steinberg), Chapter 813, Statutes of 2003,
adopted language stating that, "every child adjudged a dependent
child of the juvenile court shall be entitled to participate in
age-appropriate extracurricular, enrichment, and social
activities," and that, "caregivers shall use a prudent parent
standard in determining whether to give permission for a child
residing in foster care to participate in extracurricular,
enrichment, and social activities." State legislation adopted
in 2015 to conform with the federal Preventing Sex Trafficking
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and Strengthening Families Act further defined California's
reasonable and prudent parent standard to mean the standard
characterized by careful and sensible parental decisions that
maintain the health, safety, and best interests of a child while
simultaneously encouraging emotional and developmental growth.
This refinement of the reasonable and prudent parent standard
calls on a caregiver to use this standard when determining
whether to permit a child in foster care to participate in age
or developmentally appropriate extracurricular, enrichment,
cultural, or social activities, as specified.
Additionally, the Foster Youth Bill of Rights, adopted in 2001
and amended and enhanced over time to include 27 distinct
rights, establishes the right of a foster youth to, "attend
school and participate in extracurricular, cultural, and
personal enrichment activities, consistent with the child's age
and developmental level, with minimal disruptions to school
attendance and educational stability."
Need for this bill: According to the author, "California has
been a trailblazer in aligning policy with the needs of youth
through efforts over a decade ago to establish a prudent parent
standard and provisions in the foster care bill of rights
supporting and promoting involvement in extracurricular and
enrichment activities. However, without financial resources,
youth are unable to take advantage of the intent of the law and
have access to these activities that are so important for their
health and development. By creating a California Foster Youth
Enrichment Grant Program, [this bill] acts on the growing body
of research that demonstrates the positive impact that
extracurricular enrichment activities such as sports
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participation and art and music lessons can play in a young
person's academic performance and well-being. Not only have
enrichment programs been proven to positively impact a young
person's attendance, motivation, academic achievement,
self-esteem and behavior, but they are also an essential
ingredient for high school students to build a robust and
well-rounded college application in order to be competitive so
they can eventually advance into higher education."
Staff comments: Facilitating the engagement of foster youth in
extracurricular and other educationally and socially beneficial
activities is an important goal. However, this bill's approach
to supporting foster youth participation in such activities is
laden with numerous administrative components and requirements
that may have the effect of diverting a significant portion of
funds away from supporting the activities and foster youth
themselves.
For example, this bill requires the following of DSS (and
perhaps of other entities, depending on the implementation plan
to be developed): convene a workgroup to develop an
implementation plan; establish the California Foster Youth
Enrichment Grant Program in consideration of that plan; develop
detailed application forms; assess grant applications and award
grants in a manner that considers numerous specific criteria
related to both the foster youth and the proposed activities to
be funded; develop forms to be submitted by grant recipients six
months after receipt of the grant; review documentation
submitted by the grantee six months after receiving the grant;
compile detailed data on the program, to be submitted in a
report to the Legislature by January 1, 2021; and explore the
feasibility of transitioning the program to private funding and
control, per Legislative intent. Additionally, the
administrative expectations placed on the youth and their
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families to complete lengthy applications and submit substantial
follow-up documentation may prove burdensome and even
prohibitive.
While a grant of up to $500 may encourage and enable a foster
youth to participate in beneficial activities, the numerous
requirements established by this bill for both the administering
entity(s), and for foster youth and families, raises the
question of whether this is the most efficacious and
cost-effective way to support the growth and development of
California children in the child welfare services system.
Should this bill move forward, the author may wish to consider
how to achieve a more streamlined and efficient process in order
to minimize administrative costs and maximize benefits for
children and youth in need.
Additionally, this bill prohibits two activities from being paid
for by the grant that are arguably important to enhancing a
foster youth's skills, abilities, self-esteem or overall
well-being: family vacations and child care for parenting foster
youth.
Participating in family outings and vacations can contribute
significantly to a sense of belonging and inclusion for foster
youth, and examples of formal recognition and encouragement of
such participation are not hard to find. For example, in its
"Resource Family Handbook" from 2015, the New Jersey Department
of Children and Families states that, "Taking children on family
vacation and trips is strongly encouraged. It helps the
children know that they are a true part of your family and
enhances the bonding process." And a June 2013 letter from
members of the U.S. House Ways and Means Subcommittee on Human
Resources to state child welfare administrators stated the
following:
"As the Chairman, Ranking Member, and members of the U.S.
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House Ways and Means Subcommittee on Human Resources, which
has jurisdiction over the nation's foster care and related
child welfare programs, we are writing to encourage your
increased attention to helping children in foster care live
more normal lives. Every day, children in foster care across
the country face unnecessary barriers that limit their
opportunities to succeed. However, we hope that by working
together we can remove these barriers and improve the lives of
thousands of foster youth across the country.
A hearing our subcommittee held on May 9, 2013 spotlighted
this issue, along with recent state efforts to promote
normalcy for children in foster care?The hearing highlighted
an amazing array of what David Wilkins, the Secretary of
Florida Department of Children and Families, said only he
called 'bizarre' restrictions on children in foster care. The
restrictions on young people in foster care detailed various
witnesses' testimony included?taking part in a family
vacation?"
Additionally, parenting foster youth may face barriers to
participating in enrichment activities if they are unable to
afford child care, and these are youth who may particularly
benefit from such participation. Teen pregnancy and parenthood
have been found to be correlated with a number of social and
economic consequences. Teen mothers are less likely to finish
high school, more likely to live in poverty, and can face poorer
health conditions than slightly older mothers. The children of
teenage parents are then also more likely to live in poverty.
They are also more likely to come into contact with the child
welfare system. Importantly, teen pregnancy may not distinctly
cause each of these outcomes, but instead leads to compounding
and interrelated impacts, with diminished educational attainment
contributing to decreased earnings and higher poverty levels,
and other negative outcomes stemming from living in poverty.
Suggested amendments: For the reasons stated above regarding
family vacations and child care for parenting youth, committee
staff recommends the following amendments:
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1)Starting on line 4 of page 4, make the following amendments:
4
(e)(1)Grants awarded under this section shall be for
activities that contribute to the enhancement of an individual
foster youths skills, abilities, self-esteem, or overall
well-being, and be five hundred
5
dollars ($500) or less . Grants and shall be used to fund a
program, service,
6
or product, and any directly related costs, that provide any of
the
7
following to a foster youth:
2)Strikes lines 19 through 24 on page 4.
Additionally, in order to ensure that youth placed in a variety
of settings, including newly-established placements resulting
from Continuum of Care Reform efforts, are eligible for grants,
and to make eligibility language clearer, committee staff
recommends the following amendments:
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3)Strike lines 37 through 40 on page 3, and lines 1 through 3 on
page 4.
4)) Insert the following after line 36 on page 3:
(d) Grants will be awarded to a foster youth who meets the
following eligibility criteria:
(1) is in foster care under the placement and care
responsibility of the county welfare department, county
probation department, Indian tribe, consortium of tribes,
or tribal organization that entered into an agreement
pursuant to Section 10553.1.
(2) has attained the age of six but has not attained the
age of twenty-two
(3) is enrolled in a primary, middle, or secondary
education program, a program leading to an equivalent
credential, or a post-secondary education program in
California.
Also, to make a technical amendment to remove Legislative
findings and declarations from State Code, committee staff
recommends the following amendments:
5)Insert the following before line 1 on page 2:
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The Legislature finds and declares all of the following:
(1) California foster youth face many challenges. Approximately
three-fourths of youth in foster care have spent two or more
years in the system between birth and 12th grade. While in
foster care, about 70 percent of youth had three or more
placements. Less than half of all foster youth complete high
school.
(2) Although the state has seen a reduction in the number of
children in foster care and a decreased reliance on group homes,
it continues to struggle to find stable, fulfilling families for
children.
(3) Participating in enrichment activities, including, but not
limited to, sports leagues, camps, college preparation courses,
arts, music, and formative social experiences, can greatly
contribute to a foster youth's sense of normalcy and increase
the likelihood of a successful transition to adulthood.
6)Make the following amendments starting on line 3 of page 2 of
the bill:
SECTION 1. Section 16007 is added to the Welfare and
2
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Institutions Code, to read:
3
16007. (a) (1)The Legislature finds and declares all of the
4
following:
5
(A)California foster youth face many challenges. Approximately
6
three-fourths of youth in foster care have spent two or more
years
7
in the system between birth and 12th grade. While in foster
care,
8
about 70 percent of youth had three or more placements. Less
than
9
half of all foster youth complete high school.
10
(B)Although the state has seen a reduction in the number of
11
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children in foster care and a decreased reliance on group homes,
12
it continues to struggle to find stable, fulfilling families for
13
children.
14
(C)Participating in enrichment activities, including, but not
15
limited to, sports leagues, camps, college preparation courses,
arts,
16
music, and formative social experiences, can greatly contribute
to
17
a foster youths sense of normalcy and increase the likelihood of
18
a successful transition to adulthood.
19
(2) The purpose of this section is to create a program to
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establish
20
the California Foster Youth Enrichment Grant Program, which
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P3
1
will provide grants to foster youth to participate in
enrichment
2
activities and provide for the program's transition from
public
3
funding and control to private funding and control. activities
that
4
enhance their skills, abilities, self-esteem, or overall
well-being.
PRIOR AND RELATED LEGISLATION:
AB 1067 (Gipson), 2016, would require DSS to convene a working
group to develop standardized information about the rights of
all minors and nonminors in foster care. This bill is currently
referred to the Senate Committee on Human Services.
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SB 794 (Senate Committee on Human Services), Chapter 425,
Statutes of 2015, adopted a number of changes to bring the state
into compliance with the federal Preventing Sex Trafficking, and
Strengthening Families Act (Public Law 113-183), and included,
among other things, language to conform with federal law
regarding reasonable and prudent parent standards.
AB 408 (Steinberg), Chapter 813, Statutes of 2003, made changes
in dependency law to help achieve permanency for older foster
youth, including providing that caregivers shall use a "prudent
parent" standard in determining whether to give permission for a
child residing in foster care to participate in age-appropriate
extracurricular, enrichment, and social activities.
AB 899 (Liu), Chapter 683, Statutes of 2001, adopted
California's Foster Youth Bill of Rights.
REGISTERED SUPPORT / OPPOSITION:
Support
Advokids
California Alliance of Child and Family Services
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California Youth Connection (CYC) - co-sponsor
Families Now
John Burton Foundation
National Center for Youth Law
Youth Law Center - sponsor
Opposition
None on file.
Analysis Prepared by:Daphne Hunt / HUM. S. / (916) 319-2089
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