BILL ANALYSIS Ó SB 12 Page 1 Date of Hearing: June 30, 2015 ASSEMBLY COMMITTEE ON HUMAN SERVICES Kansen Chu, Chair SB 12 (Beall) - As Amended June 2, 2015 SENATE VOTE: 35-0 SUBJECT: Foster youth. SUMMARY: Expands eligibility for extended foster care to specified nonminors who have crossed over from the dependency system to the delinquency system. Specifically, this bill: 1)Permits a nonminor between the ages of 18 and 21 to petition the court to resume dependency jurisdiction or assume transition jurisdiction over him or her, provided he or she has been all of the following, as specified: a) Adjudged a ward of the court; b) Subject to an order for foster care placement at the time the petition to adjudge him or her a ward of the court was filed; and SB 12 Page 2 c) Held in secure confinement when he or she reached 18 years of age. 1)Makes conforming technical changes. EXISTING LAW: 1)Establishes a state and local system of child welfare services, including foster care, for children who have been adjudged by the court to be at risk or have been abused or neglected, as specified. (WIC 202 et seq.) 2)Allows a juvenile court to adjudge a child a ward or a dependent of the court for specified reasons, including but not limited to if the child has been left without any provision for support, as specified. (WIC 300) 3)Permits the juvenile court to retain jurisdiction over a ward or dependent of the court until he or she reaches the age of 21. (WIC 303) 4)Establishes circumstances under which a minor may be adjudged a ward of the juvenile court, including, but not limited to, being beyond the control of his or her parents, guardian, or custodian, or violating any city, county, state, or federal laws, except for certain serious violations that warrant prosecution under the general law in a court of criminal jurisdiction, as specified. (WIC 601 and 602) 5)Authorizes the juvenile court to place a minor on probation without adjudging a minor to be a ward of the court, as specified, or to adjudge a minor to be a ward of the court. (WIC 725) SB 12 Page 3 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. (WIC 11400(v)) 7)Defines "nonminor former dependent or ward" as either: a) A nonminor who turned 18 while subject to an order for foster care placement, and for whom dependency, delinquency, or transition jurisdiction has been terminated, and who is still under the general jurisdiction of the court; or b) A nonminor who is at least 18 years old and, while a minor, was a dependent child or ward of the juvenile court when the guardianship was established, as specified, and the juvenile court dependency or wardship was dismissed following the establishment of the guardianship. (WIC 11400(aa)) 8)Revises and expands federal funding and programs for certain foster and adopted children via the Fostering Connections to Success and Increasing Adoptions Act of 2008. (P.L. 110-351) 9)Provides for extended foster care funding for youth until age 21, as well as adopts other changes to conform to the federal Fostering Connections to Success Act. (WIC 241.1, 303, 366.3, 388, 391, 450, 11400, 11402, 11403) 10)Allows a nonminor who has not yet turned 21, or specified entities on behalf of such a minor, to petition the court in which the nonminor was previously found to be a dependent or delinquent child of the court for a hearing to determine whether to assume dependency jurisdiction over him or her, provided the nonminor turned 18 while subject to an order for foster care placement and had the court dismiss dependency jurisdiction, delinquency jurisdiction, or transition SB 12 Page 4 jurisdiction for him or her, as specified. (WIC 388(e)) 11)Permits a nonminor former foster youth under the age of 21 to petition the court for re-entry into foster care if his or her guardian or adoptive parent is no longer providing him or her with support, as specified. (WIC 388.1) 12)Allows nonminor dependents who meet general Aid to Families with Dependent Children-Foster Care (AFDC-FC) requirements, as well as one or more of a set of specified requirements, to voluntarily continue placement in or to re-enter into foster care. (WIC 11403(b)) 13)Provides that a minor or nonminor is within the transition jurisdiction of the juvenile court if all of the following criteria are satisfied: a) The minor is between the ages of 17 years, 5 months and 18 years old and is in foster care placement, or the nonminor is under the age of 21 and is in foster care placement and was subject to an order for foster care placement on the day he or she turned 18, as specified; b) The minor or nonminor was either removed from the physical custody of his or her parents or legal guardian, adjudged a ward of the juvenile court as specified and ordered into foster care, or was a dependent of the court with an order for foster care placement as a dependent in effect at the time the court adjudged him or her a ward of the juvenile court; c) The rehabilitative goals of the minor or nonminor have been met and juvenile court jurisdiction is no longer required; d) The minor has indicated intent to sign a mutual agreement with the responsible agency for placement in a supervised setting as a nonminor dependent, or the nonminor has signed such a mutual agreement or a voluntary reentry SB 12 Page 5 agreement, as specified. (WIC 450) FISCAL EFFECT: According to the May 28, 2015, Senate Appropriations Committee analysis, this bill may result in the following: 1)Potentially significant future costs in the range of $550,000 to $1.7 million (General Fund/Federal Fund) for extended foster care benefits annually assuming the provision of benefits for up to three years, to provide extended foster care benefits to additional probation youth between the ages of 18 and 20 in secure confinement on their 18th birthday, although a portion of these costs could be eligible for federal reimbursement; 2)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; 3)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. 4)Potential Proposition 30 implications to the extent this bill creates a new mandate for counties that must be funded with General Fund dollars. COMMENTS: SB 12 Page 6 Juvenile dependency and juvenile delinquency systems: 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 dependency jurisdiction; these children are served by the CWS system through the appointment of a social worker. Through this juvenile dependency 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. When these options are not available or appropriate, children may be placed in other settings, such as foster homes. There are currently close to 63,000 children and youth in California's child welfare system; over 7,800 of these youth are between the ages of 18 and 20. The juvenile delinquency system, as opposed to juvenile dependency, deals with youth who have violated the law. Through this system, a minor may have his or her case referred to juvenile court, where he or she can be declared a ward of the court and placed on probation. Some youth may be placed in secure confinement, such as a juvenile facility. According to the Legislative Analyst's Office in 2010, there were over 186,000 referrals to probation in the state's juvenile justice system. Just over half of these referrals led to cases heard in juvenile court, and 29% of the total referrals to probation resulted in a juvenile being made a ward of the court. Ten SB 12 Page 7 percent of total referrals to probation resulted in juveniles being placed in a local facility, 3% in placement with another public or private agency, and 0.2% in being sent to the Department of Juvenile Justice. "Crossover youth" are those who have been involved with both the dependency and delinquency systems as a result of having been victims of abuse and neglect, and also having committed offenses. Crossover youth may face less positive outcomes as they age out of either system. A 2011 report supported by the Conrad N. Hilton Foundation examined the outcomes in young adulthood of three groups of youth in Los Angeles County: 1) those who exited from a CWS out-of-home placement while they were between 16 and 21 years old; 2) those who exited from any type of juvenile probation supervision while they were between 16 and 21 years old; and 3) those who exited an out-of-home child welfare placement while they were between 16 and 21 years old and who also had been involved at some point with the juvenile probation system - i.e., crossover youth. This report looked at income, employment, education, drug and alcohol treatment, mental health services utilization, incarceration, and other factors, and ultimately pointed to the relative vulnerability of the crossover population, concluding that: "Almost every measure considered in this report indicates that crossover youth are at-risk of comparatively negative outcomes after they exit the child welfare and juvenile justice systems. A considerably larger proportion of the observed crossover youth fell into extreme poverty in their young adult years by comparison with those in the [juvenile probation] and [child welfare] groups. Additionally, larger proportions of SB 12 Page 8 those in the crossover group became incarcerated as young adults...The statistical models deployed for this report reinforce this picture, showing that membership in the crossover group substantially increases the likelihood of less desirable outcomes." In most counties, dependency status is terminated once delinquency status is established. However, 15 counties (as of February 2013) throughout the state have established "dual jurisdiction" proceedings, enabling youth to have dual delinquency and dependency status. Dual jurisdiction protocols vary by county. Extended foster care: Recent changes in federal and state law have facilitated access to extended foster care funding and services for youth between the ages of 18 and 21. Per the federal Fostering Connections to Success and Increasing Adoptions Act of 2008, and as adopted in state law by AB 12 (Beall), Chapter 559, Statutes of 2010 - the California Fostering Connections to Success Act - California extended foster care to eligible child welfare and probation youth that remain in foster care up to age 21, also known as "nonminor dependents." Subsequent legislation has further refined the changes adopted in AB 12. Crossover youth who are on probation and supervised by the delinquency court may be eligible for extended foster care services provided they have an order for foster care placement on their 18th birthday and meet certain other requirements, including: meeting at least one of the participation conditions SB 12 Page 9 (generally pertaining to employment and education) also required of dependent youth, agreeing to live in an approved supervised placement, meeting with their probation officer on a monthly basis, participating in six-month review processes, and signing a mutual agreement, where applicable. Former wards of the juvenile delinquency system may also be able to participate in extended foster care. The California Fostering Connections to Success Act created a new status - "transitional jurisdiction" - which enables youth who were previously wards of the juvenile dependency system to, provided they meet certain requisites, receive extended foster care services without having to stay under delinquency jurisdiction. Nonminors under the age of 21 with an order for foster care placement on their 18th birthday are eligible to enter transition jurisdiction once they have finished the terms of their probation. Minors who are at least 17 years, 5 months old and who meet certain other requirements (including, among other things, no longer requiring the supervision of the delinquency court and not being able to be return to their parents' home due to risk of abuse and neglect) may also be eligible for transition jurisdiction. Need for this bill: Federal and state actions in recent years to extend foster care services to nonminors ages 18 to 21 recognized the need to support youth as they transition from the juvenile dependency and juvenile delinquency systems to adulthood. Since the California Fostering Connections to Success Act was passed in 2010, additional pieces of legislation have been adopted to further realize the intent of that bill. This bill seeks to continue this effort with regards to a small population of youth: those crossover youth who were adjudged a ward of the court and subject to an order for foster care placement at the time this adjudication took place, but who were held in secure confinement on their 18th birthday. This last condition - that a youth was in secure confinement per the juvenile delinquency system on their 18th birthday - can SB 12 Page 10 currently render him or her ineligible to receive extended foster care services and benefits, because he or she is typically no longer subject to an order for a foster care placement on his or her 18th birthday. (There may be instances where this scenario does not apply in a dual-jurisdiction county, and a youth in secure confinement on his or her 18th birthday is already eligible for extended foster care; however, given the variance in dual-jurisdiction protocols across counties, this bill may also benefit youth in those counties by providing clarity and statewide direction.) The number of youth that would be impacted by this bill is assumed to be relatively small. However, data on the exact number are not readily available due to the multiple factors that need to be considered in identifying this population. According to the Department of Social Services, there are approximately 300 to 400 youth in secure confinement between the ages of 18 and 20. From that number, in order to estimate the number of youth impacted by this bill, it would then be necessary to extract only those youth for whom all of the following apply: they were in secure confinement on their 18th birthday, don't live in a dual-jurisdiction county with a protocol that already makes them eligible for extended foster care, meet all additional eligibility requirements, and choose to opt into extended foster care. According to the author, this bill "actualizes the Legislature's original intent in passing the Fostering Connections to Success Act, by remedying the inadvertent exclusion of a small but vulnerable population of former foster youth from extended foster care. [This bill] allows foster youth who turn 18 inside a locked correctional facility and would otherwise lose extended benefits the chance to opt back into foster care and get access to extended foster care benefits up until age 21. Youth who are forced to leave the foster care system at age 18 face significant challenges. As a result, youth's outcomes include high rates of homelessness, incarceration, reliance on public assistance, teen pregnancy, and low rates of high school and SB 12 Page 11 postsecondary graduation. New legislation is needed to ensure that we correct our statutory oversight and ensure vulnerable populations of former foster youth are included in and able to voluntarily re-enter extended foster care." PRIOR LEGISLATION: AB 2454 (Quirk-Silva), Chapter 769, Statutes of 2014, authorized former nonminor dependents under the age of 21, as specified, to petition the court to re-enter foster care if their guardian or adoptive parent is no longer providing them with support. AB 787 (Stone), Chapter 487, Statutes of 2013, made technical and clarifying changes to the California Fostering Connections to Success Act. AB 1712 (Beall), Chapter 846, Statutes of 2012, made technical and clarifying changes to the California Fostering Connections to Success Act. AB 212 (Beall), Chapter 459, Statues of 2011, made technical and clarifying changes to the California Fostering Connections to Success Act. AB 12 (Beall), Chapter 559, Statutes of 2010, the "California Fostering Connections to Success Act," conformed state law to federal requirements to revise and expand programs and funding for certain foster and adopted children. DOUBLE REFERRAL . This bill has been double-referred. Should this bill pass out of this committee, it will be referred to the Assembly Committee on Judiciary. SB 12 Page 12 REGISTERED SUPPORT / OPPOSITION: Support Alliance for Children's Rights, sponsor Youth Law Center, sponsor Aspiranet California Against Slavery California Youth Empowerment Network Children Now Coalition for Youth Legal Services For Prisoners with Children (LSPC) Los Angeles Area Chamber of Commerce (L.A. Chamber) National Association of Social Workers, CA Chapter (NASW-CA) SB 12 Page 13 National Center for Youth Law National Foster Youth Institute Opposition Chief Probation Officers of California (CPOC) Analysis Prepared by:Daphne Hunt / HUM. S. / (916) 319-2089