BILL ANALYSIS
AB 1982
Page 1
Date of Hearing: March 21, 2006
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Noreen Evans, Chair
AB 1982 (Bass) - As Introduced: February 9, 2006
SUBJECT : Kinship Guardian Assistance Payment Program (Kin-Gap);
eligibility; wards of the juvenile court.
SUMMARY : Extends eligibility for Kin-Gap assistance to wards of
the juvenile court in addition to dependent children of the
juvenile court.
EXISTING LAW :
1)Establishes the Kin-Gap program to provide financial
assistance on behalf of children placed with relative
caretakers under defined circumstances.
2)Provides for Kin-Gap eligibility to children under 18 who have
been adjudged dependents of the juvenile court, have lived
with a relative for 12 consecutive months, have a kinship
guardianship pursuant to a permanent plan, and who have had
their dependency dismissed.
3)Provides that payments for families eligible for Kin-Gap
benefits are equal to the foster care rate.
FISCAL EFFECT : Unknown. Kin-Gap benefit costs for a relatively
small number of children to the extent they current receiving
lesser benefits such as CalWORKs, offset by savings due to the
end of supervised probation and juvenile court jurisdiction.
COMMENTS : The Kin-Gap program was created by SB 1901
(McPherson), Chapter 1055, Statutes of 1998, to give relatives
an option of taking permanent custody of foster children,
avoiding continued supervision of the child welfare agency and
juvenile court, and receive assistance at the higher foster care
payment rate than would be available under the CalWORKs program.
A relative must become the legal guardian of the child, but for
personal, familial or other reasons, chooses not to adopt.
The average monthly state caseload is estimated by the
Department of Social Services to be 15,492 for 2006-07. The
average payment per child under Kin-Gap is $515.65; for
AB 1982
Page 2
CalWORKs, the average payment per person is $214.41. Federal
Temporary Assistance for Needy Families (TANF) dollars cover
about two-thirds of the costs of benefits; the state and county
share equally in the remainder.
Kin-Gap currently applies only to dependents of the juvenile
court who have suffered or are at risk of suffering abuse or
neglect under Welfare & Institutions Code Section 300. It does
not apply to youth who are "wards of the juvenile court" under
Welfare & Institutions 601 or 602, these youth are under the
jurisdiction of the juvenile court as a result of persistent
refusal to "obey the reasonable and proper orders and
directions" of a parent or guardian, habitual truancy, or
violation of federal, state or local laws. They are sometimes
known as "delinquent minors," and are supervised by probation
officers rather than county welfare social workers.
According to data compiled by the Social Services Research
Center, there were 239 children in probation placed with
relatives statewide as of July 2005. However, the number who
might meet Kin-Gap requirements is likely to be fewer, since
some may not have guardianships established. Some youth in the
probation system may currently receive CalWORKs, and others
might receive foster care benefits. Under the bill, the
transfer of the delinquency cases to Kin-Gap would result in
savings might also be achieved as a result of lower probation
and juvenile court costs.
According to the author, "AB 1982 seeks to give delinquency
minors the same rights, services and level of care as those on
the dependency side." Supporters assert that the same goals of
family preservation and stability can be achieved by including
delinquent youth among the children eligible for Kin-Gap. As
argued by the Chief Probation Officers of California, these
youth are "similarly situated, and government intervention in
their family life could be expeditiously eliminated through the
help of Kin-Gap."
However, juveniles adjusted wards of the court pursuant to 601
and 602 may not meet existing requirements for Kin-Gap. Since
there is no dependency, the dismissal of the dependency would
not apply. The purpose of Kin-Gap is to provide equivalent
financial support for relatives compared to foster care, but
avoid the costs associated with continuing juvenile court
jurisdiction. Nor is a juvenile likely to have a guardianship
AB 1982
Page 3
established as the result of implementation of a permanent plan
pursuant to Welfare & Institutions Code 366.26, which applies
only to dependent children, not delinquent minors.
Suggested amendments
Delineate Kin-Gap eligibility requirements for juveniles who are
wards of the court pursuant to Welfare & Institutions Code 601
and 602, equivalent to those applicable to dependent children
set forth in Welfare & Institutions Code 11363(a).
REGISTERED SUPPORT / OPPOSITION :
Support
Chief Probation Officers of California (sponsor)
California Catholic Conference of Bishops
Opposition
None on file.
Analysis Prepared by : Casey McKeever / HUM. S. / (916)
319-2089