BILL ANALYSIS
AB 2194
Page 1
Date of Hearing: April 25, 2006
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Noreen Evans, Chair
AB 2194 (Bass) - As Amended: April 19, 2006
SUBJECT : Independent Living Program.
SUMMARY : Extends Independent Living Program (ILP) eligibility.
Specifically this bill :
1)Makes otherwise qualified youth who are adopted at 14 years of
age or older eligible for ILP services.
2)Ensures that youth placed in non-relative guardianships are
eligible for ILP services.
3)Requires counties to notice and advise adoptive parents of the
availability of ILP services for their adopted children.
EXISTING LAW
1)Establishes statewide standards for the implementation and
administration of the federal ILP for foster youth who are
preparing to age out of the foster care system.
2)Allows youth who are recipients of Kin-GAP to request and
receive independent living services.
3)Requires each county participating in the ILP to produce an
annual report that includes an accounting of federal and state
funds used to further the goals of the program.
4)Establishes the Adoption Assistance Program (AAP) which
provides financial benefits to individuals who are willing to
become the legal, permanent family for eligible children who
otherwise would remain in long-term foster care.
FISCAL EFFECT : Unknown.
COMMENTS : In 1999, the federal government passed the Chafee Act
which doubled funding for Independent Living Skills programs,
allowing states to use some funding for transitional living
programs for emancipated youth. In addition this new funding
could be used to create classes and programs within the
AB 2194
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Independent Living Program to assist all youth in out-of-home
care make a transition to self-sufficiency.
Currently foster youth, including those living with relatives
and participating in Kin-GAP and former foster youth are
eligible to receive ILP services. This bill would make foster
youth living with non-relative guardians and former foster youth
who have been adopted eligible for ILP services.
According to the County Welfare Director's Association,
"(c)hildren who are placed with nonrelated legal guardians are
eligible for state funded AFDC-FC payments?(and) permanency
placement case management and services. "However, "the AFDC-FC
benefits terminate at age 18 when the guardianship ends, or at
age 19 if the youth is able to graduate high school by his or
her 19th birthday. These youths are equally vulnerable to risk
of homelessness and poverty at age 18, as are other emancipated
foster youth. The Legislature has otherwise recognized that
wards of related guardians, who were former foster youth, should
be eligible for Independent Living Services (under) Kin-GAP
provisions. Counties have historically offered ILP services to
former foster youth placed with nonrelated legal guardians.
Recently the State Department of Social Services verbally
advised counties that nonrelated guardianship youth are not
included in the federal definition of eligible ILP youth as they
are not in 'foster care.' Yet the Chafee Act, 42 USC 677(a)
states that the federal ILP funds are for 'children who are
likely to remain in foster care until 18 years of age to help
these children make the transition to self-sufficiency.' These
children, under state law, are clearly in receipt of foster care
payments and permanency services and should be eligible for ILP
services."
In accordance with federal law, California provides eligible
participants emancipation services, training in daily living
skills like budgeting, housing and career planning, and
individual and group counseling. In addition, counties in
California develop an individual transitional living plan for
youth, enable participants to seek a high school diploma or its
equivalent and integrate and coordinate services otherwise
available to participants.
Through the Adoption Assistance Program (AAP) prospective
adoptive parents can pursue adoption without the fear of having
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to meet additional child-rearing expenses. Medi-Cal eligibility
and a monthly monetary benefit limited to the age-related,
state-approved monthly foster family home care rate are
available through AAP. There is no income requirement or income
means test regarding eligibility for AAP.
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County and Municipal Employees
(AFSCME)
Opposition
None on file.
Analysis Prepared by : Caitlin O'Halloran / HUM. S. / (916)
319-2089