BILL ANALYSIS
AB 1633
Page 1
ASSEMBLY THIRD READING
AB 1633 (Evans)
As Amended May 27, 2005
Majority vote
HUMAN SERVICES 6-1 APPROPRIATIONS 13-5
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|Ayes:|Evans, Arambula, Bass, |Ayes:|Chu, Bass, Berg, |
| |Coto, Nation, Spitzer | |Calderon, Mullin, |
| | | |Karnette, Klehs, Leno, |
| | | |Nation, Oropeza, |
| | | |Ridley-Thomas, Saldana, |
| | | |Yee |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Haynes |Nays:|Sharon Runner, Emmerson, |
| | | |Haynes, Nakanishi, |
| | | |Walters |
| | | | |
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SUMMARY : Requires the California Department of Social Services
(DSS) to convene a workgroup 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 social
security benefits and supplemental security income benefits
(SSI/SSP). Specifically, this bill :
1)Requires the workgroup to include the county welfare
directors, child advocacy organizations, current and former
foster youth and other relevant stakeholders, as determined by
DSS.
2)Requires the guidelines to be established by December 31,
2006.
3)Requires the guidelines to include, but not be limited to,
establishing procedures for:
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 and/or
supplemental security income/State Supplemental Payment
(SSI/SSP) benefits;
AB 1633
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b) Assisting in the application and appeal process for
social security and SSI/SSP benefits for each child who is
likely to be determined eligible for benefits;
c) Informing parents and caretakers at the time the child
leaves foster care of potential eligibility for social
security and/or SSI/SSP benefits for any child not
receiving benefits but who may be eligible upon application
for those benefits; and,
d) Maximizing the amount of federal benefits received for
the current maintenance of children in the county's
custody.
4)Requires the county, at the time of determining eligibility
for foster care payments, to determine whether the child is
currently in receipt of SSI/SSP benefits, and further requires
the county to apply to become the child's representative payee
during the time the child is placed in foster care if the
child is eligible for these benefits.
5)Requires counties to establish a no-cost interest-bearing
maintenance account for each child for whom DSS serves as the
representative payee, and specifies that money set aside in
the foster youth dedicated account shall not exceed the
federal SSI resource limit.
6)Requires counties to provide information and assist all foster
youth receiving SSI payments and approaching his or her 18th
birthday in establishing continuing disability as an adult, if
applicable, and in the process of becoming his or her own
payee or designating an appropriate representative payee if
benefits continue.
7)Extends the opportunity for foster youth to remain in foster
care beyond the age of 18 years old if they are pursuing a
high school equivalency certificate.
8)Declares the intent of the Legislature to enact legislation
relating to educational opportunities and resources for foster
youth including provision of designated educational
information to judges, lawyers and the Legislature and
provision of information about educational rights to foster
AB 1633
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youth.
EXISTING FEDERAL LAW :
1)Provides for benefits under the federal Social Security Act
for eligible beneficiaries.
2)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.
EXISTING STATE LAW :
1)Permits a child who is in foster care and who is attending
high school, vocational or technical school to stay in foster
care until the age of 19 if the youth may reasonably be
expected to complete the educational or training program
before his or her 19th birthday.
2)Requires counties, on behalf of foster youth, to research and
make an effort to obtain any income for which the youth are
eligible.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, costs in the range of $100,000 for DSS to
convene a workgroup and publish best practice guidelines. In
addition there is an annual unknown increase in costs to conduct
SSI/SSP related eligibility work. Unknown but significant
on-going increase in SSI/SSP benefits to the extent this bill
adds new clients to this program. There may be off-setting
savings to the extent that SSI/SSP benefits improve outcomes for
current and former foster youth.
COMMENTS : Many children who come into California's custody
suffer not only from abuse or neglect, but many from serious
physical or mental disabilities. These disabled children may
qualify for additional assistance through federal social security
benefits and/or the federal Supplemental Security Income program
and SSI/SSP. But many children are not getting the assistance to
which they are entitled.
In 2002, only 3% of the nearly 85,000 children receiving SSI/SSP
benefits in California were also receiving child welfare
services. Many more children in the state's care likely qualify
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for social security benefits or SSI/SSP benefits. Unfortunately,
most of them go without those federal benefits because no one is
there to assist them in the arduous application process.
Social security and SSI/SSP benefits are additional funds that
can be used to meet the child's individual needs while in the
state's care, and, if the child returns home, the SSI benefits
follow the child, providing essential benefits to the family.
Further, the diagnostic evaluations that are done in assessing a
child for potential eligibility for SSI/SSP and during the
application process will improve the likelihood that the child
will receive timely and appropriate treatment. SSI/SSP benefits
also ensure eligibility for a federal adoption assistance subsidy
if a child or youth cannot be returned to biological parents.
SSI benefits are an important resource for children that leave
state custody at age eighteen. Federal rules permit a child to
have up to $2,000 in resources before becoming ineligible for
SSI. Ensuring that a child emancipating out of the state's care
transitions with that $2,000 can make the difference between
having shelter or being homeless.
Finally, this bill allows foster youth to remain in care beyond
their 18th birthday if they are pursuing a high school
equivalency certificate. This reform recognizes the need to
provide foster youth with every opportunity to complete their
high school studies. Many foster youth experience great
instability in their education due to changing placements and
schools. Allowing them to remain in a family home with supports
and assistance is essential to ensuring they can complete school
and transition successfully into independent living situations.
Analysis Prepared by : Caitlin O'Halloran / HUM. S. / (916)
319-2089
FN: 0010917