BILL NUMBER: AB 1633 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 27, 2005
AMENDED IN ASSEMBLY APRIL 20, 2005
AMENDED IN ASSEMBLY MARCH 30, 2005
INTRODUCED BY Assembly Member Evans
FEBRUARY 22, 2005
An act to amend Section 11403 of, to add Section 11401.6 to,
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.
LEGISLATIVE COUNSEL'S DIGEST
AB 1633, as amended, Evans. Foster children: high school: social
security assistance.
(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 increase the
duties of counties administering the program, thus imposing a
state-mandated local program. The bill would declare that no
appropriation would be made pursuant to the existing continuous
appropriation for purposes of implementing these provisions.
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 convene a workgroup to
develop best practice guidelines for county welfare departments to
assist eligible children who are in the state's or a county's custody
and are qualified under the bill in obtaining federal social
security and supplemental security income benefits. The bill would
require these guidelines to be established by December 31, 2006, and
would establish the required contents of the guidelines. 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 county to establish
a maintenance account and a dedicated account for each child, to
contain proceeds from 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 county to reserve a
portion of 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 self-sufficient living.
This bill would require the county to inform the Social Security
Administration of the foster care status of a child who is receiving
designated federal benefits, and to apply to become the child's
representative payee during the time the child is placed in foster
care. It would also require a county to provide information regarding
certain federal requirements when a foster youth who is receiving
SSI payments is approaching his or her 18th birthday.
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. Appropriation: no. Fiscal committee: yes.
State-mandated local program: 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.
(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.
(3) Disabled children face special barriers when transitioning
from state care and custody.
(4) Federal financial benefits can be an important source of
support for these children. These benefits also can serve as a buffer
as children transition from state care and custody.
(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.
(6) For those children 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 11401.6 is added to the
Welfare and Institutions Code , to read:
11401.6.
At the time of determining eligibility for AFDC-FC payments, the
county shall also determine whether the child is currently in receipt
of benefits pursuant to Title II or Title XVI of the Social Security
Act. If so, the county shall apply to become the child's
representative payee, as appropriate, during the time the child is
placed in foster care.
SEC. 2.
SEC. 3. 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 to 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. 3.
SEC. 4. 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 Foster Care
Social Security and Supplemental Security Income Assistance Program.
13752.
The State Department of Social Services shall convene a workgroup
comprised of the County Welfare Directors Association, county welfare
directors, child advocacy organizations, current and former foster
youth and other relevant stakeholders, as determined by the
department, to develop best practice guidelines for county welfare
departments to assist children residing in the state's or a county's
custody who are eligible for benefits under Title II of the federal
Social Security Act, pursuant to 42 U.S.C. Section 402 et
seq. Section 402 et seq. of Title 42 of the United
States Code (social security benefits) and Title XVI of the
Social Security Act, pursuant to 42 U.S.C. Section 1381
Section 1381 of Title 42 of the United States Code
(supplemental security income benefits) in receiving all
federal benefits for which they are eligible. The guidelines shall be
established by December 31, 2006, and shall include, but not be
limited to, establishing procedures for all of the following:
(a) Determining the time and manner for conducting disability
screenings for children in the custody of the county who may be
eligible for social security or Supplemental Security Income/State
Supplementary Payment (SSI/SSP) benefits.
(b) Assisting 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) Requesting reconsideration and appealing adverse decisions
where appropriate.
(d) Informing parents and caretakers, at the time the child leaves
foster care, of potential eligibility for social security or SSI/SSP
benefits for any child not receiving benefits but who may be
eligible upon application for those benefits.
(e) Maximizing the amount of federal benefits received
for the current maintenance of children in the county's custody.
13753.
When a foster youth who is receiving SSI payments is approaching
his or her 18th birthday, the county shall do all of the following:
(a) Provide information to the youth regarding the federal
requirement that the youth establish continuing disability as an
adult, if necessary, in order for SSI benefits to continue beyond his
or her 18th birthday.
(b) Provide information to the youth regarding the process for
becoming his or her own payee, or designating an appropriate
representative payee if benefits continue beyond his or her 18th
birthday.
(c) Assist the youth, as appropriate, in fulfilling the
requirements of subdivisions (a) and (b).
13754.
The county 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 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, in the
manner required by federal law, 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.
(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 an
amount not to exceed the federal SSI resource limit, 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.
SEC. 4. SEC. 5.
No appropriation pursuant to Section 15200 of the Welfare and
Institutions Code shall be made for purposes of implementing this
act.
SEC. 5. SEC. 6.
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.