BILL ANALYSIS
AB 2495
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Date of Hearing: April 4, 2006
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Noreen Evans, Chair
AB 2495 (Bass) - As Introduced: February 23, 2006
SUBJECT : Kinship Guardian Assistance Payment Program (Kin-GAP).
SUMMARY : Provides to children in Kin-GAP specified benefits
currently available to foster children. Specifically, this
bill :
1)Increases Kin-GAP benefits to include:
a) A specialized care increment to which a child would be
entitled under the foster care program;
b) A clothing allowance to which a foster child would be
entitled.
2)Requires a county welfare department to provide to each child
and his or her kinship guardian eligible for Kin-GAP
information regarding the availability of independent living
services when the child is approaching his or her 16th
birthday.
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.
4)Authorizes payment by counties of a specialized care increment
in addition to the basic foster care rate for a child
requiring specialized care, subject to approval by the
Department of Social Services (DSS).
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5)Authorizes payment of clothing allowances by counties in
addition to the basic foster care payment rate.
6)Entitles each foster child to receive a supplemental clothing
allowance of $100 per year subject to the availability of
funds, paid without a county share of cost.
7)Provides that any child receiving Kin-GAP benefits is eligible
to receive independent living services to prepare foster youth
for adulthood and independence.
FISCAL EFFECT : Unknown; increased costs for specialized care
increments and clothing allowances to Kin-GAP children.
COMMENTS : This bill equalizes the availability of specified
services and benefits for children receiving Kin-GAP benefits
compared to those in foster care. Currently, foster children
are eligible for specialized needs payment as well as an annual
clothing allowance, but these are not available for Kin-GAP
children. According to the author, "This inequity results in
many families staying in the formalized [foster care] system so
the youth can receive the same level of services."
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
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 Kin-GAP benefits; the state and
county share equally in the remainder.
Specialized Care Increment. Children in foster care placements
are potentially eligible for a specialized care increment (SCI)
to meet the additional daily care needs of an AFDC-FC child who
has a health and/or behavior problem. This added payment is in
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addition to the basic foster care fate, which ranges from $425
to $597 in foster family homes. The SCI is paid with federal
Title IV-E, state and county funding, and varies by county.
Currently, 55 counties have specialized care systems. Some pay
a flat rate, others pay a rate based on local plans. According
to the County Welfare Directors Association (CWDA), the average
rate is $300-$400, and can be as little as $140 or as much as
$695. Approximately 10-15% of relatives receiving a foster care
grant also receive an SCI payment.
Clothing Allowance. This is designed to meet the need of foster
children for presentable clothing, an especially important
benefit as each school year begins. The amount also varies by
county based upon a county plan. Current law authorizes
counties to provide clothing allowances. In Los Angeles County,
the payments vary by age, from $115 annually for a child 0-5 to
$244 for a child 15 and older.
In addition to the clothing allowance offered by counties, since
2000-01 foster children have been entitled to a supplemental
clothing allowance of $100 per year, subject to the availability
of funds. Counties do not pay a share of this payment. Annual
costs for 2006-07 as proposed in the Governor's budget are $6.2
million, $2.4 million in federal funds and $3.8 million in state
costs. As drafted, AB 2745 applies only to the county benefit,
not the $100 supplemental allowance. The author may wish to
amend the bill to include the supplemental benefit.
As noted by CWDA, the SCI and clothing allowances can be
important benefits for foster families, and their unavailability
in Kin-GAP can be a deterrent to relatives who might otherwise
choose to participate in the program. In such cases, case
management and juvenile court jurisdiction continue even when
they might not otherwise be needed.
Suggested amendment
Page 3, line 11: Strike "paragraph (1) of"
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County and Municipal Employees
(AFSCME)
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California Catholic Conference
Children's Advocacy Institute
County Welfare Directors Association (CWDA)
National Center for Youth Law (NCYL)
National Association of Social Workers, California Chapter
(NASW-CA)
Service Employees International Union (SEIU)
Opposition
None on file.
Analysis Prepared by : Casey McKeever / HUM. S. / (916)
319-2089