BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 12|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
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:
SB 12
Page 2
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
SB 12
Page 3
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.
SB 12
Page 4
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
SB 12
Page 5
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.
SB 12
Page 6
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)
SB 12
Page 7
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
**** END ****
SB 12
Page 8