BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1633|
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THIRD READING
Bill No: AB 1633
Author: Evans (D)
Amended: 8/15/05 in Senate
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 6-1, 6/28/05
AYES: Simitian, Maldonado, Alarcon, Alquist, Chesbro,
Florez
NOES: Aanestad
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 52-26, 6/1/05 - See last page for vote
SUBJECT : Foster children: high school: social security
assistance
SOURCE : National Center for Youth Law
DIGEST : This bill creates a policy to extend foster care
placement beyond age 18 when a foster child is pursuing a
high school equivalency certificates. This bill requires
the Department of Social Services to convene a workgroup to
establish a 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.
ANALYSIS : Current federal law establishes benefits for
various child beneficiaries under different Titles of the
CONTINUED
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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.
This bill requires a workgroup to be established by the
Department of Social Services (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.
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 will only be available for purposes and uses of
the child, subject to the requirements of federal law.
When appropriate, the county will further be directed to
establish dedicated accounts designed to accrue up to the
$2000 maximum allowable under SSI/SSP rules that will
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
also requires 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
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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
basis. This bill 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 EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/17/05)
National Center for Youth Law (source)
AFSCME
Asian Law Alliance
California Coalition for Youth
California Teachers Association
Children's Advocacy Institute
Legal Services for Children
National Association of Social Workers, California Chapter
Sacramento County Children's Coalition
Western Center of Law and Poverty
Legal Advocates for Permit Parenting
ASSEMBLY FLOOR :
AYES: Arambula, Baca, Bass, Benoit, Berg, Bermudez,
Calderon, Canciamilla, Chan, Chavez, Chu, Cohn, Coto,
Daucher, De La Torre, Dymally, Evans, Frommer, Garcia,
Goldberg, Hancock, Jerome Horton, Shirley Horton, Jones,
Karnette, Klehs, Koretz, Laird, Leno, Levine, Lieber,
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Liu, Matthews, Montanez, Mullin, Nation, Nava, Negrete
McLeod, Oropeza, Parra, Pavley, Ridley-Thomas, Ruskin,
Saldana, Salinas, Spitzer, Torrico, Umberg, Vargas, Wolk,
Yee, Nunez
NOES: Aghazarian, Blakeslee, Bogh, Cogdill, DeVore,
Emmerson, Harman, Haynes, Houston, Huff, Keene, La Malfa,
La Suer, Maze, McCarthy, Mountjoy, Nakanishi, Niello,
Plescia, Richman, Sharon Runner, Strickland, Tran,
Villines, Walters, Wyland
NO VOTE RECORDED: Gordon, Leslie
CTW:do 8/17/05 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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