BILL ANALYSIS
SENATE HUMAN
SERVICES COMMITTEE
Senator S. Joseph Simitian, Chair
BILL NO: AB 1633
A
AUTHOR: Evans
B
VERSION: June 20, 2005
HEARING DATE: June 28, 2005
1
FISCAL: Senate Appropriations
6
3
CONSULTANT:
3
Sue North
SUBJECT
Foster Youth and Supplemental Security Income/State
Supplementary Payment (SSI/SSP)
SUMMARY
Creates a policy to extend foster care placement beyond age
18 when a foster child is pursuing a high school
equivalency certificate. Requires the Department of Social
Services (DSS) to convene a workgroup to establish 'best
practices' guidelines by December, 2006 for county welfare
departments to follow in assisting foster children to
receive federal benefits under the Social Security Act.
ABSTRACT
Current federal law establishes benefits for various child
beneficiaries under different Titles of the Social Security
Act (e.g., survivor benefits, support for disabled
children, etc.). Current state law requires county welfare
departments to make an effort to research and secure, when
appropriate, any income for which foster children and youth
are eligible.
Continued---
STAFF ANALYSIS OF ASSEMBLY BILL 1633 Page
2
This bill requires a workgroup to be established by DSS to
establish "best practices" guidelines by December 31, 2006
to address at least the following elements:
1. When and how to screen children for SSI/SSP
eligibility;
2. Assisting children in the application and appeals
process of SSI/SSP;
3. Informing parents and caretakers when a child
leaves foster care of potential eligibility for
SSI/SSP; and
4. Maximizing the federal benefits received for the
maintenance of children currently in the county's
custody in foster care.
This bill also requires counties to apply to become the
'representative payee' under the rules of the Social
Security Administration during the time a child is in
foster care and to establish a no-cost interest-bearing
account for all children for whom the county serves as such
a representative payee. The funds contained in these
accounts would only be available for purposes and uses of
the child, subject to the requirements of federal law. When
appropriate, the county would further be directed to
establish dedicated accounts designed to accrue up to the
$2000 maximum allowable under SSI/SSP rules which would
provide the foster child who becomes an adult the resources
to pay for allowable expenditures such as education, job
training, special equipment or housing modifications, etc.
As a child approaches his or her 18th birthday, this bill
would also require counties to provide information to the
youth regarding federal requirements for establishing
continuing disability as an adult in order to sustain
SSI/SSP benefits, as well as ways to change representative
payee or to become one's own payee as an adult. When no
appropriate party is available to serve as representative
payee, the county shall continue to offer to serve such a
function for the foster child as an adult.
Current law allows a foster youth beyond 18 to continue to
receive foster care benefits during that year if the youth
is attending high school or in training on a full-time
STAFF ANALYSIS OF ASSEMBLY BILL 1633 Page
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basis. The bill also adds similar eligibility beyond the
age of 18 when the person is in the process of pursuing a
high school equivalency certificate.
Finally, this bill contains a variety of findings and
declarations including a declaration that the legislature
intends to enact legislation relating to educational
opportunities and resources for foster youth through the
education of judges and lawyers who have contact with the
youth to inform them of their rights and access to
resources.
FISCAL IMPACT
According to the Assembly Appropriations Committee
analysis, costs of this bill range from $100,000 for DSS to
convene a workgroup and publish best practice guidelines to
an annual unknown increase in costs to conduct SSI/SSP
related eligibility work. In addition, there are unknown
but significant on-going increases 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.
BACKGROUND AND DISCUSSION
The author cites a 2002 DSS statistic that only 3% of the
85,000 children receiving federal SSI/SSP benefits are in
the foster care system. She argues there are undoubtedly
more eligible children in foster care for whom no one has
focused the time and energy on reviewing their possible
eligibility. Not only would their status on SSI/SSP
decrease state and local governments share of cost of
support, but some of the funds (up to $2000) to which these
children are entitled could be accumulated in a bank
account to help them become established in community living
once they reach the age of majority. This bill is designed
to highlight the problem and some possible solution through
the development of "best practices" guidelines to be used
by counties in the future to do a better job of assisting
these children and youth as they emancipate into adulthood.
Comments:
STAFF ANALYSIS OF ASSEMBLY BILL 1633 Page
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1. Although it is implied throughout this bill, nowhere is
there a clear policy statement that the funds identified
belong to the youth. At age 18, should not the
emancipating foster youth know and be entitled to take
their money if they so desire? Should not this bill be
amended to make the rights of the now adult former foster
child clear?
2. There are a variety of bureaucratic requirements
associated with the federal SSI/SSP program to which a
recipient can be held financially responsible after the
fact and become subject to overpayment payback
requirements. Especially in the case of foster children
who are minors, they can face penalties over something
someone else, in this case the county welfare department,
may have done on their behalf but done incorrectly. Should
not this bill make explicit the need to inform emancipating
youth what course they can take if they are sanctioned in
the future for something that occurred while they were
minors?
Assembly votes:
Assembly Human Services 6-1
Assembly Appropriations 13-5
Assembly Floor 52-26
POSITIONS
Support: California Coalition for Youth
National Center for Youth Law
AFSCME
Children's Advocacy Institute
National Association of Social Workers,
California Chapter
Oppose:None received
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