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