BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                         SB 12|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                   THIRD READING 


          Bill No:  SB 12
          Author:   Beall (D), et al.
          Amended:  6/2/15  
          Vote:     21  

           SENATE HUMAN SERVICES COMMITTEE:  5-0, 3/24/15
           AYES:  McGuire, Berryhill, Hancock, Liu, Nguyen

           SENATE JUDICIARY COMMITTEE:  6-0, 4/14/15
           AYES:  Jackson, Vidak, Anderson, Leno, Monning, Wieckowski
           NO VOTE RECORDED:  Hertzberg

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 5/28/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           SUBJECT:   Foster youth


          SOURCE:    Alliance for Childrens Right
                     Youth Law Center 


          DIGEST:   This bill permits a nonminor who was subject to an  
          order for foster care placement at the time he or she is  
          adjudged a ward of the court, but was held in secure confinement  
          on the day he or she attained 18 years of age, to petition the  
          court to resume dependency jurisdiction pursuant to the  
          California Fostering Connections to Success Act.


          ANALYSIS: 

          Existing law:








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          1)Establishes the California Fostering Connections to Success  
            Act (AB 12, Beall and Bass, Chapter 559 Statutes of 2010),  
            which corresponds with the federal Fostering Connections to  
            Success Act that provides an option for states to receive  
            federal financial participation for federally-eligible  
            nonminor dependents or former dependents of the juvenile court  
            who are between the ages of 18 and 21, and who satisfy certain  
            conditions. (WIC 11403)


          2)Establishes multiple programs of support 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 income  
            eligibility criteria from 1996. These programs include: 


                 Aid to Families with Dependent Children-Foster Care;  
               (WIC 11401) 

                 Kinship Guardianship Assistance Payment Program; (WIC  
               11360; WIC 11385)

                 Adoption Assistance Program; (WIC 16115)

                 Non Relative Legal Guardianship; (WIC 11405)

                 CalWORKs (for non-Title IV-E eligible children in foster  
               care residing with relatives). (WIC 11250) 


          1)Provides for the voluntary continuation or re-entry into  
            extended foster care for eligible nonminor dependents and  
            former dependents when the nonminor youth has signed a  
            voluntary mutual agreement and meets one or more of the  
            following requirements:


                 The nonminor is completing a high school education or a  
               program leading to an equivalent credential;

                 The nonminor is enrolled in a postsecondary or  







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               vocational education program;

                 The nonminor is participating in a program or activity  
               designed to promote, or remove barriers to, employment;

                 The nonminor is employed at least 80 hours per month; or

                 The nonminor is incapable of doing any of these  
               activities due to a medical condition and the incapacity is  
               supported by regularly updated information in the case plan  
               of the nonminor dependent.  (WIC 11403 (b) and WIC 388.1)


          1)Permits a nonminor former 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, 450, and 11400)


          This bill permits a nonminor who was subject to an order for  
          foster care placement at the time he or she is adjudged a ward  
          of the court, but was held in secure confinement on the day he  
          or she attained 18 years of age, to petition the court to resume  
          dependency jurisdiction pursuant to the California Fostering  
          Connections to Success Act.

          Background


          California Fostering Connections to Success Act of 2010.  The  
          California Fostering Connections to Success Act of 2010 (AB 12,  
          Beall & Bass, 2010) established a statutory framework for foster  
          youth who reach adulthood while in foster care, and who meet  
          certain requirements, to voluntarily remain in foster care up to  
          age 21. AB 12 corresponds with the federal Fostering Connections  
          to Success and Increasing Adoptions Act of 2008 (Public Law  
          110-351), which provided states with the option to receive  
          federal financial participation under kinship-guardianship  
          benefits or foster care for eligible nonminor dependents. Since  
          the passage of AB 12, the Legislature has annually adopted  
          cleanup measures including AB 212 (Beall, Chapter 459, Statutes  
          of 2011) and AB 1712 (Beall, Chapter 846, Statutes of 2012), to  
          clarify and correctly implement the Act.







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          Existing law provides that, in order to be eligible for extended  
          foster care, a dependent youth or ward must be under an order  
          for foster care placement on the day that he or she turns age  
          18. Pursuant to federal law, juvenile halls, camps, ranches,  
          detention and other commitment facilities for youth in  
          California's delinquency system are not eligible foster care  
          placement options ((42 USC 672(b) and 42 USC 672 (c)(2)). Thus,  
          a dependent youth or ward that is subject to secure confinement  
          on the day he or she reaches age 18 is not eligible for extended  
          foster care.

          This bill permits a dependent youth or ward who was subject to  
          an order for foster care placement at the time he or she was  
          adjudged a ward pursuant to Welfare and Institutions Code  
          Section 725 and was held in secure confinement when he or she  
          attained 18 years of age, to petition to court to resume  
          dependency jurisdiction under extended foster care upon their  
          release from secure confinement.

          Juvenile Court and cross over youth. Juvenile Dependency  
          proceedings, governed by Welfare and Institutions Code (WIC)  
          Section 300, relate to the protection of children who have been,  
          or are at risk of being, abused, neglected, or abandoned by  
          parents or family members. This section of law guides court  
          determinations about the unfitness of the parent or home and  
          whether a minor has suffered, or is at risk of suffering, harm.  
          It permits the court to adjudge a child to be a dependent child  
          of the court, thus enabling a court to take certain actions to  
          protect the child. 


          Juvenile Delinquency proceedings, governed by WIC 602, involve  
          children under the age of 18 alleged to have committed a  
          delinquent act which would be a crime if committed by an adult  
          including robbery, murder, drug offenses and prostitution. Under  
          WIC 602, the court may find a minor to be a ward of the court  
          and place a child under the responsibility of the county  
          probation department. WIC 725 and WIC 790 permit the court to  
          place a delinquent youth on probationary status, and to make a  
          determination of the suitability of a prospective placement - if  
          the home is not deemed a suitable placement, the court may place  
          the youth in the home of someone who is not the parent or legal  







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          guardian, in a residential facility such as a group home, or in  
          a therapeutic facility. 


          A handful of counties have established "dual jurisdiction"  
          proceedings, which permit a youth to maintain both dependency  
          and delinquency status simultaneously; however in most counties,  
          the establishment of delinquency status requires the termination  
          of dependency status.  

          Existing law under WIC 241.1, requires counties to develop joint  
          written protocols between the two systems to determine which  
          status will serve the best interests of the minor and the  
          protection of society. The recommendations of both departments  
          are presented to the Juvenile Court with the petition that is  
          filed on behalf of the minor, and the court determines which  
          status is appropriate for the minor. Implementation of WIC 241.1  
          has been inconsistent throughout the state, and has not resolved  
          the difficulties that "cross-over" youth face.


          Comments


          According to the author, the populations that are precluded from  
          entering extended foster care because they are in secure  
          confinement on their 18th birthday are in greatest need for  
          extended care. The author states that California's obligation to  
          these youth is the same as any parent, to ensure that youth who  
          have spent their formative years parented by the child welfare  
          system receive ongoing support in navigating adult life. 


          The author further states that research shows that youth who  
          cross over into the delinquency system are twice as likely to  
          experience unemployment, homelessness, incarceration, mental  
          health disorders, and educational challenges as other youth in  
          the child welfare or probation system. Failure to meet the  
          formal requirements of extended foster care has left this highly  
          vulnerable population of former foster youth on their own with  
          nowhere to turn for help.










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          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes
           
           According to the Senate Appropriations Committee:  

           Potentially significant future costs in the range of $550,000  
            to $1.7 million (General Fund*/Federal Fund) annually to  
            provide extended foster care benefits to additional probation  
            youth between the ages of 18 and 20 in secure confinement on  
            their 18th birthday. To the extent the state submits an  
            amendment to its Title IV-E state plan that is approved, a  
            portion of these costs could be eligible for federal  
            reimbursement. 

           Potentially significant increase in non-reimbursable local  
            probation supervision costs in the low millions of dollars  
            (General Fund*) annually to the extent nonminors provided  
            extended foster care benefits continue under the supervision  
            of probation departments. Potential costs would cumulatively  
            increase as cases remain under supervision for up to three  
            years under extended foster care.

           Exempts the state from mandate reimbursement for realigned  
            programs, however, pursuant to Proposition 30, legislation  
            that has an overall effect of increasing the costs already  
            borne by a local agency for realigned programs including  
            foster care and child welfare services, apply to local  
            agencies only to the extent that the state provides annual  
            funding for the cost increase.  

           Unknown, but potentially significant future cost savings  
            (General Fund) to the extent the provision of extended foster  
            care benefits to this population of nonminors results in  
            improved long-term outcomes and reduced future involvement in  
            the criminal justice system.


          SUPPORT:   (Verified 6/1/15)


          Alliance for Children's Rights (co-source)
          Youth Law Center (co-source)







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          Advokids
          AFSCME
          California Coalition for Youth
          California Youth Connection
          California Youth Empowerment Network
          Children Now
          Children's Advocacy Institute
          Children's Defense Fund
          Children's Rights Project at Public Counsel
          Communities United for Restorative Justice
          Court Appointed Special Advocates for Children of Santa Cruz  
          County
          Court Appointed Special Advocates for Children of Ventura County
          East Bay Children's Law Offices
          East Bay Community Law Center
          First Place for Youth
          Frontier High School in the Whittier Union School District 
          Hillsides
          Inside Out Writers
          John Burton Foundation For Children Without Homes
          Junior League of Orange County
          Junior League of San Diego
          Junior Leagues of California State Public Affairs Committee
          Legal Services for Children
          Los Angeles Area Chamber of Commerce
          National Center for Youth Law
          National Foster Youth Institute


          OPPOSITION:   (Verified6/1/15)


          Chief Probation Officers of California


           


          Prepared by:Sara Rogers / HUMAN S. / (916) 651-1524
          6/2/15 20:17:56


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