BILL ANALYSIS
AB 1633
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CONCURRENCE IN SENATE AMENDMENTS
AB 1633 (Evans)
As Amended August 15, 2005
Majority vote
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|ASSEMBLY: |52-26|(June 1, 2005) |SENATE: |29-11|(August 23, |
| | | | | |2005) |
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Original Committee Reference: HUM. S.
SUMMARY : Aids the transition of foster youth to adulthood by
developing best practices to improve access to federal
disability benefits and extending eligibility for foster care
benefits for youth pursuing a high school equivalency
certificate.
The Senate amendments:
1)Require the Department of Social Services Workgroup to make
recommendations by December 31, 2006, regarding the
feasibility and cost-effectiveness of reserving an amount, not
to exceed the federal SSI resource limit, of foster children's
Social Security and Supplementary Security Income (SSI/SSP)
benefits in lieu of reimbursing the county and the state for
care and maintenance.
2)Add language to ensure that foster youth are informed of their
specific rights and responsibilities for the continued receipt
of SSI/SSP benefits.
3)Make technical and clarifying changes.
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 :
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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.
AS PASSED BY THE ASSEMBLY , this bill:
1)Required 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 and SSI/SSP benefits.
2)Extended 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.
FISCAL EFFECT : According to the Senate Appropriations Committee
analysis, costs in the range of $100,000 for DSS to convene a
workgroup and publish best practice guidelines.
COMMENTS : Many children who come into California's custody
suffer not only from abuse or neglect, but 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. Yet many children are not getting the assistance to
which they are entitled.
SSI benefits are an important resource for children who leave
state custody at age 18. 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.
Additionally, 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
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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 support
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: 0012050