BILL ANALYSIS
AB 2194
Page 1
ASSEMBLY THIRD READING
AB 2194 (Bass)
As Amended May 26, 2006
Majority vote
HUMAN SERVICES 6-0 APPROPRIATIONS 13-5
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|Ayes:|Evans, Berg, Bass, Coto, |Ayes:|Chu, Bass, Berg, |
| |Nation, Nakanishi | |Calderon, |
| | | |De La Torre, Karnette, |
| | | |Klehs, Leno, Nation, |
| | | |Oropeza, Ridley-Thomas, |
| | | |Saldana, Yee |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Sharon Runner, Emmerson, |
| | | |Haynes, Nakanishi, |
| | | |Walters |
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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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, the funding for ILP is relatively stable,
and if the funding increased proportionally to account for the
new eligible youth, it would likely cost approximately $3.5
million. This bill limits ILP services contingent on available
funding.
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.
AB 2194
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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."
Allowing adopted children access to ILP services is consistent
with the state's commitment to assist adoptive families through
the Adoption Assistance Program (AAP). Currently, prospective
adoptive parents can pursue adoption without the fear of having
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.
Analysis Prepared by : Caitlin O'Halloran / HUM. S. / (916)
AB 2194
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319-2089
FN: 0014947