BILL ANALYSIS
SENATE HUMAN
SERVICES COMMITTEE
Senator Elaine K. Alquist, Chair
BILL NO: AB 1982
A
AUTHOR: Bass
B
VERSION: March 23, 2006
HEARING DATE: June 27, 2006
1
FISCAL: Appropriations, 2/3rds
9
8
CONSULTANT:
2
Martin/Hailey
SUBJECT
Kinship Guardianship Assistance Payment Program (Kin-Gap)
SUMMARY
Extends eligibility for Kin-Gap assistance to wards of the
juvenile court that meet specified criteria in addition to
dependents of the juvenile court.
ABSTRACT
Current 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 at least 12 consecutive
months, have a kinship guardianship pursuant to a permanent
plan, and who have had their dependency dismissed after
January 1, 2000, concurrently or subsequent to the
establishment of the kinship guardianship.
Continued---
STAFF ANALYSIS OF ASSEMBLY BILL 1982 (Bass) Page
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3. Provides that payments for families eligible for
Kin-Gap benefits are equal to the foster care rate.
4. Provides that Kin-Gap benefits are paid from federal
Temporary Assistance for Needy Families (TANF) block grant
funds using the per-child California Work Opportunity and
Responsibility to Kids (CalWORKs) grant. The balance is
paid equally by state and county funds.
This bill
1. Extends Kin-Gap eligibility to wards of the juvenile
court if the ward meets the following criteria:
Has lived with a relative for at least 12
consecutive months.
Has a kinship guardianship established as part of
his/her permanency plan.
Has had his/her case terminated with the juvenile
court.
FISCAL IMPACT
According to the Assembly Appropriations Committee, this
bill would result in overall program savings due to
discontinuation of probation case management services to
children moved from probation supervised foster care to a
permanent legal guardianship. However, the savings are
primarily in federal entitlement funding (Title IV-E) and
county-funded probation departments. For the state, there
is a cost to the federal TANF block grant in the amount of
approximately $400,000, to cover the CalWORKs portion of
the Kin-Gap grant for fewer than 100 children. About one
fifth of this funding would be offset by corresponding
State General Fund savings.
BACKGROUND AND DISCUSSION
Kin-Gap 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.
The program is intended to encourage permanent and stable
placements of youth with family.
STAFF ANALYSIS OF ASSEMBLY BILL 1982 (Bass) Page
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Kin-Gap currently applies only to dependents of the
juvenile court who have suffered or are at risk of
suffering abuse or neglect under the dependency provisions
of Welfare and Institutions Code Section 300. County
welfare social workers supervise placement of these
children with relatives. Kin-Gap does not apply to wards
of the juvenile court who have been placed in the home of a
relative under the delinquency provisions of Welfare and
Institutions Code Sections 601 or 602. Sometimes known as
"delinquent minors," these youth are under the court's
jurisdiction as a result of persistent refusal to "obey the
reasonable and proper orders or directions" of a parent or
guardian, habitual truancy, or violation of federal, state
or local laws. Wards of the court are supervised by
probation officers.
According to the author, "AB 1982 seeks to give youth in
the care of relatives within the delinquency system a way
to exit the formalized system without disrupting the
child's existing placement with extended family." The
author indicates that "youth in the delinquency system and
their families are not provided the same services and
support as youth in the dependency system. Without access
to Kin-Gap, a number of probation youth unnecessarily
remain in the system because of the families' dire need for
assistance."
Supporters of the bill report that the bill would extend
Kin-Gap to children in the delinquency system who are in
similar circumstances as children in the dependency system.
The Chief Probation Officers of California, the bill's
sponsor, reports that these youth are "similarly situated
and government intervention in their family life could be
expeditiously eliminated through the help of Kin-Gap."
According to the University of California, Berkeley, Center
for Social Services Research, there are about 200 children
in probation supervised foster care living with relatives
statewide. However, the number of children who could meet
Kin-Gap requirements is likely to be fewer, since some may
not have guardianships established. The Assembly
Appropriations Committee analysis estimates that less than
100 probation-supervised children would participate in
Kin-Gap.
STAFF ANALYSIS OF ASSEMBLY BILL 1982 (Bass) Page
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PRIOR ACTIONS
Assembly Floor: 80 - 0Do pass.
Assembly Appropriations: 18 - 0Do pass.
Assembly Human Services: 6 - 0Do pass as amended
POSITIONS
Support: Chief Probation Officers of California
(sponsor)
AFSCME
California Catholic Conference of Bishops
California Public Defenders Association
California State Association of Counties
Children's Advocacy Institute
County of Los Angeles
Oppose: None received
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