BILL NUMBER: AB 1633 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 30, 2005
INTRODUCED BY Assembly Member Evans
FEBRUARY 22, 2005
An act to amend Section 11403 of, and to add Chapter
6.2 (commencing with Section 13750) to Part 3 of Division 9 of ,
the Welfare and Institutions Code, relating to foster children
, and making an appropriation therefor .
LEGISLATIVE COUNSEL'S DIGEST
AB 1633, as amended, Evans. Foster children: high school:
social security assistance.
Existing
(1) Existing law permits a child who is in foster care and
receiving aid pursuant to the Aid to Families with Dependent
Children-Foster Care (AFDC-FC) program, who is attending high school
or the equivalent level of vocational or technical training on a
full-time basis prior to his or her 18th birthday, to continue to
receive aid following his or her 18th birthday, if the child
continues to reside in foster care placement, remains otherwise
eligible for AFDC-FC payments, and continues to attend high school or
the equivalent level of vocational or technical training on a
full-time basis and if the child may reasonably be expected to
complete the educational or training program before his or her 19th
birthday.
Existing law continuously appropriates moneys from the General
Fund to defray a portion of county costs under the CalWORKs program,
which includes the AFDC-FC program.
This bill would extend the opportunity to remain in foster care
placement beyond the age of 18 years to a foster child who is
pursuing a high school equivalency certificate. By extending AFDC-FC
benefits to additional recipients, this bill would make an
appropriation, and would increase the duties of counties
administering the program, thus imposing a state-mandated local
program.
This bill would also declare the intent of the Legislature to
enact legislation relating to educational opportunities and resources
for foster youth, including to provide for designated education and
information for judges, lawyers, and the Legislature, and to require
foster youth to be informed of their education rights.
(2) Existing law provides for the
placement of certain children in foster care under the custody of
the State Department of Social Services. Existing law, the federal
Social Security Act, provides for benefits for eligible
beneficiaries, including survivorship benefits and supplemental
security income benefits for, among others, blind and disabled
children. The act authorizes a person or entity to be appointed as a
representative payee for a beneficiary who cannot manage or direct
the management of his or her money.
This bill would require the department to establish and maintain a
social security and supplemental security income
assistance program for eligible children who are in the
department's state's or a county's
custody and are qualified under the bill . The bill
would require the department to require each county to, among
other duties, assist in the application process for an eligible
foster child, and would require the county to apply to be
appointed the child's representative payee when no other
appropriate party is available to serve . It would further
require the department county to
establish a maintenance account and a dedicated account for each
child, to contain proceeds from Social Security Act
social security and supplemental security income
benefits , each of which would only be used for the
purposes set forth in the bill. The bill would require the
department county to reserve a child's social
security benefits for 90 days prior to his or her 18th birthday, and
to transfer those benefits to the child to assist in the transfer to
independent self‑sufficient
living. The bill would require the department to make
findings and recommendations regarding establishing eligibility for
social security benefits for children under the state's care
an annual report containi ng designated
information relating to the program, and to make the report available
to the public. The bill would require the county to annually review
a minimum of 5 counties to ensure compliance with the bill .
By increasing county duties, this bill would impose a
state‑mandated local program.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority 2/3 . Appropriation:
no yes . Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) (1) Children and youth in foster care
are more likely to have more significant emotional and behavioral
health problems, developmental disabilities or delays, or chronic
health conditions than other children.
(b)
(2) Assisting eligible children in securing
federal social security benefits , or Supplemental
Security Income/State Supplementary Payment (SSI/SSP) benefits,
is a cost-effective method to improve the lives of many children and
youth in state custody and to improve their chances of returning to
a safe and stable home.
(c)
(3) Disabled children may
face special barriers when transitioning from state care and
custody.
(d)
(4) Federal financial benefits can be an
important source of support for these children. They
These benefits also can serve as a buffer as
children transition from state care and custody.
(e)
(5) Many children in foster care go without
social security or SSI/SSP benefits for which they are
eligible because no one is available to assist them with the
application process. Only a small percentage of the children in
California that receive SSI/SSP benefits also receive child welfare
services, and many more children in the state's care are likely
eligible for social security or SSI/SSP benefits.
(f)
(6) For those children that
who leave state custody at 18 years of age,
social security benefits serve as an important resource in making the
transition out of the state's custody.
(b) It is also the intent of the Legislature to enact legislation
to do all of the following
(1) Provide for the education of judges and lawyers who have
contact with foster youth, regarding the importance of education to
these youth, including the law that permits a foster child to remain
in placement until his or her 19th birthday in order to complete high
school.
(2) Require appropriate state and local entities to provide
information to the Legislature regarding the number of foster youth
who do not graduate from high school, and the impediments to high
school graduation that face foster youth after emancipation.
(3) Provide for procedures for informing foster youth of their
education rights and available resources, so that they will be better
able to advocate for their own needs.
SEC. 2. Section 11403 of the Welfare and
Institutions Code is amended to read:
11403. A child who is in foster care and receiving aid pursuant
to this chapter and who is attending high school or the equivalent
level of vocational or technical training on a full-time basis ,
or who is in the process of pursuing a high school equivalency
certificate, prior to his or her 18th birthday, may continue to
receive aid following his or her 18th birthday so long as the child
continues to reside in foster care placement, remains otherwise
eligible for AFDC-FC payments, and continues to attend high school or
the equivalent level of vocational or technical training on a
full-time basis , or continues to pursue a high
school equivalency certificate, and the child may reasonably be
expected to complete the educational or training program or to
receive a high school equivalency certificate, before his or
her 19th birthday. Aid shall be provided such an individual pursuant
to this section provided both the individual and the agency
responsible for the foster care placement have signed a mutual
agreement, if the individual is capable of making an informed
agreement, which documents the continued need for out-of-home
placement.
SEC. 2.
SEC. 3. Chapter 6.2 (commencing with Section 13750) is
added to Part 3 of Division 9 of the Welfare and Institutions Code ,
to read:
CHAPTER 6.2. FOSTER CARE SOCIAL SECURITY AND SUPPLEMENTAL
SECURITY INCOME ASSISTANCE PROGRAM
13750. This chapter shall be known,
and may be cited as, the
13750. This chapter shall be known, and may be cited, as the
Foster Care Social Security and Supplemental Security Income
Assistance Program.
13752. The State Department of Social Services shall establish
and maintain a social security and supplemental security income
assistance program to ensure that all children residing in the state'
s or a county'scustody who are eligible for benefits under Title II
of the federal Social Security Act, pursuant to 42 U.S.C. Section
402 et seq. (social security benefits) and Title XVI of the Social
Security Act, pursuant to 42 U.S.C. Section 1381 (supplemental
security income benefits) receive all federal benefits for which they
are eligible. The department shall require each county welfare
department to do all of the following:
(a) Conduct disability screenings at the earliest possible date
for all children in the custody of the county who are anticipated to
remain in the county's custody for six months or longer for
eligibility for social security and Supplemental Security
Income/State Supplemental Payment (SSI/SSP) benefits. All children
who have actually remained in the county's continuous custody for six
months shall be screened no later than the seventh month of
placement.
(b) Apply for and assist in the application process for social
security and SSI/SSP benefits for each child who, pursuant to the
disability screening, is likely to be determined eligible for
benefits.
(c) Request reconsideration and appeal adverse decisions where
appropriate.
13754. The county shall apply to be appointed r
epresentative payee on behalf of a child beneficiary in its custody
when no other appropriate party is available to serve. In its
capacity as representative payee, the county shall do all of the
following:
(a) Establish a no‑cost, interest‑bearing maintenance
account for each child in the department's custody for whom the
department serves as representative payee. Interest earned shall be
credited to the account. The county shall keep an itemized current
account of all income and expense items for each child's maintenance
account.
(b) Establish procedures for disbursing money from the accounts,
including disbursing the net balance to the beneficiary upon release
from care. The county shall use social security and SSI/SSP benefits
only for the following purposes:
(1) For the use and benefit of the child.
(2) For purposes determined by the county to be in the child's
best interest.
(3) In accordance with an assessment of the child's individual
needs, provided that each child beneficiary shall receive a personal
allowance of at least thirty dollars ($30) each month for the child's
personal use.
(c) Establish and maintain a dedicated account in a financial
institution for past‑due monthly benefits that exceed six times
the maximum monthly benefit payable, in accordance with federal law.
The representative payee may deposit into the account established
under this section any other funds representing past due benefits to
the eligible individual, provided that the amount of the past due
benefits is equal to or exceeds the maximum monthly benefit payable.
Funds from the dedicated account shall not be used for basic
maintenance costs. The use of funds from the dedicated account must
be for the benefit of the child and are limited to expenditures for
the following purposes:
(1) Medical treatment.
(2) Education or job skills training.
(3) Personal needs assistance.
(4) Special equipment.
(5) Housing modification.
(6) Therapy or rehabilitation.
(7) Other items or services, deemed appropriate by the Social
Security Administration.
(d) Beginning at least 90 days prior to a custodial child's 18th
birthday, or anticipated date of custody determination, the county
shall reserve the child's social security and SSI/SSP benefits in
lieu of reimbursing the county and state for care and maintenance.
Reserved benefits shall be transferred to the child to assist in his
or her transition to self‑sufficient living upon leaving foster
care.
13756. The department shall annually report on the Foster Care
Social Security and Supplemental Security Income Assistance Program
and make its report available to the public. The report shall include
the following:
(a) The number of children in each county's custody.
(b) The number of children that each county screened pursuant to
subdivision (a) of Section 13752.
(c) The number of children likely to be determined eligible for
benefits pursuant to subdivision (b) of Section 13752.
(d) The number of children approved for social security or SSI/SSP
benefits as a result of the counties' assistance pursuant to
subdivision (b) of Section 13752.
(e) The number of children denied social security or SSI/SSP
benefits for whom the counties provided assistance, pursuant to
subdivision (b) of Section 13752.
(f) The number of children for whom each county serves as
representative payee, and the number of children in each county's
custody that have a representative payee other than the county.
(g) The number of children who emancipated from foster care with
reserved benefits.
(h) Any other information or recommendations deemed appropriate by
the department.
13757. The department shall annually review a minimum of five
counties, consisting of at least one small, medium, and large county,
to ensure compliance with the requirements of Section 13754 and to
ensure that the counties' practice in maintaining the accounts
required in Section 13754 are consistent with commonly accepted
accounting principles. The department shall make its findings
available to the public.
SEC. 4.
If the Commission on State Mandates determines that this act
contains costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part
7 (commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. Foster Care Social Security
Assistance Program.
13752. The State Department of Social Services shall establish
and maintain a social security assistance program to ensure that all
children residing in the department's custody who are eligible for
social security benefits apply for and receive all benefits available
to them. The department shall do all of the following:
(a) Screen all children in the custody of the department for
eligibility for social security supplemental security income and
social security survivor's benefits. Each child shall be screened
within six months of entering the department's custody.
(b) Assist in the application process for supplemental security
income and survivor's benefits for each child who is determined
pursuant to the screening process to be likely to be eligible for
benefits.
(c) Request reconsideration and appeal adverse decisions where
appropriate.
13754. The department shall apply to be appointed representative
payee on behalf of a child beneficiary in its custody when no other
appropriate party is available to serve. In its capacity as
representative payee, the department shall do all of the following:
(a) Establish a no-cost, interest-bearing maintenance account for
each child in the department's custody for whom the department serves
as representative payee. Interest earned shall be credited to the
account. The department shall keep an itemized current account of all
income and expense items for each child's maintenance account.
(b) Establish procedures for disbursing money from the accounts,
including disbursing the net balance to the beneficiary upon release
from care. The department shall use social security benefits only for
the following purposes:
(1) For the use and benefit of the child.
(2) For purposes determined by the department to be in the child's
best interest.
(3) In accordance with an assessment of the child's individual
needs, provided that each child beneficiary shall receive a personal
allowance of at least thirty dollars ($30) each month for the child's
personal use.
(c) Establish and maintain a dedicated account in a financial
institution for certain past-due benefit payments, in accordance with
federal law. Only past-due benefits and certain subsequent SSI
payments that reconcile past underpayments shall be deposited into
the account. Funds from the dedicated account shall not be used for
basic maintenance costs. The use of funds from the dedicated account
must be for the benefit of the child and are limited to expenditures
for the following:
(1) Medical treatment.
(2) Education or job skills training.
(3) Personal needs assistance.
(4) Special equipment.
(5) Housing modification.
(6) Therapy or rehabilitation.
(7) Other items or services, provided the Social Security
Administration determines the other services are appropriate.
(d) Beginning at least 90 days prior to a custodial child's 18th
birthday, the department shall conserve the child's social security
benefits in lieu of reimbursing the department for care and
maintenance. Conserved benefits shall be transferred to the child to
assist in his or her transition to self-sufficient living.
13756. The department shall annually evaluate and make public its
findings and recommendations regarding establishing eligibility for
social security benefits for children in the department's care.
Evaluations pursuant to this section shall include all of the
following:
(a) The number of children in the department's custody with
developmental disabilities or delays, behavioral, or emotional health
problems or chronic health conditions.
(b) The number of children for whom the department serves as
representative payee, and the number of children in the department's
custody that have a representative payee other than the department.
(c) The purposes for which social security benefits were disbursed
from each account for which the department has been appointed the
representative payee.
(d) The number and percentage of children determined to be
eligible for SSI who are emancipated from foster care.
(e) The total amount of money collected by the department in
social security benefits for children in the state's custody.
13758. For purposes of this chapter, social security benefits
also include SSI/SSP benefits.