BILL ANALYSIS
SB 500
Page 1
Date of Hearing: June 14, 2005
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Noreen Evans, Chair
SB 500 (Kuehl) - As Amended: April 4, 2005
SENATE VOTE : 40-0
SUBJECT : Pregnant and parenting foster youth.
SUMMARY : Creates an option for teen foster parents to live with
their children in foster homes. Specifically, this bill :
1)Allows a child whose parent is adjudged to be a dependent of
the court to also be considered a ward of the court for
purposes of federal financial participation.
2)Specifies that both the foster youth who is the teen parent
and the foster youth who is the child may be placed in the
same licensed or approved foster care facility if the teen
foster parent is receiving reunification services with respect
to that child.
3)Defines "whole family foster home" as a home that provides
foster care for a teen parent and his or her child and that
has been specifically recruited and trained to provide a safe
stable environment for both the parent and the child.
4)Specifies that whole family foster homes are to be licensed by
the California Department of Social Services Community Care
Licensing Division (CCL).
5)Authorizes federal financial participation for both a foster
youth who is a teen parent and his or her child living in a
whole family foster home.
6)Requires a teen parent in foster care who has full or partial
custody of their child to work with the social worker, court
and others to design a written shared responsibility plan
designed to preserve and strengthen the teen parent family
unit and to assist the teen parent in ultimately providing an
independent safe and stable home for their child.
7)Specifies that the share responsibility plan shall in no way
limit the teen parent's legal right to make decisions
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regarding their child.
EXSISTING FEDERAL LAW authorizes federal financial participation
to pay for the cost of foster care.
EXISTING LAW
1)Establishes AFDC-FC under which counties provide payments to
foster care providers on behalf of qualified children in
foster care.
2)Prohibits full AFDC-FC payments from being made to a foster
care facility that houses both a teen parent and his or her
child.
3)Specifies and defines a list of facilities that may care for
foster youth including foster family homes and small family
homes among others.
FISCAL EFFECT : According to the Senate Appropriations
Committee, the cost to the state to increase the foster care
payments if both the teen parent and their child are in care
together will be largely offset by an increase in federal funds
for foster care.
COMMENTS : SB 1178 (Kuehl) Chapter 841, Statutes of 2004, the
Teen Parents in Foster Care Act, expressed the Legislature's
intent to preserve and strengthen family relationships between
teen parents and their dependent children. It also required the
foster care system to treat these families as a unit rather than
as individuals. However, current law creates financial
disincentives to place a teen and his or her child in the same
foster care facility. This bill seeks to build on the Teen
Parents in Foster Care Act by eliminating this disincentive to
the establishment of an effective family bond between a teen
parent and his or her child.
According to a co-sponsor, County Welfare Directors Association
of California, many teens in the foster care system have
children of their own, heightening the social, educational,
economic, and health barriers that already face youth
emancipating from foster care. In the best of cases, these
teens and their children would be able to live together in the
most family-like setting possible, with a caring foster parent
who can act as a mentor, teaching parenting skills and assisting
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with their transition to adulthood.
Current California law limits the ability of the state and
counties to draw down federal funds to support these young
families. California pays foster homes less to take in a teen
parent and their infant together than it would if the parent and
child were placed in separate homes. This creates a
disincentive for a foster care facility to house both the teen
parent and her child together. This bill would allow the full
foster care rate to be paid for both the minor dependent parent
and her dependent child if they are placed in the same facility
and receiving reunification services. This may serve to
increase the number of foster parents who are willing to accept
these challenging teen/infant placements.
This bill does not change the current option of placing a teen
parent and child separately when appropriate. If they are
placed separately, both foster care facilities will still
receive full payment. However, this bill would clarify existing
law and would provide that a child of a dependent minor need not
be determined to be at risk solely because of the age or
dependent status of the parent.
Guidelines by the U.S. Department of Health and Human Services
have recently changed to allow for federal funding when a teen
parent and his or her dependent child are placed in the same
foster care facility and are receiving reunification services.
However, current California law prevents the implementation of
this federal program because the current law requires teen
parents and their dependent infants to be placed separately to
receive the full foster care payment.
According to the sponsors, when a teen parent and his or her
non-dependent child are placed in a foster home, confusion
invariably arises about the roles and responsibilities of the
teen parent and the foster youth caretaker. Often, neither the
minor parent nor the caretaker is sure who is supposed to be
taking care of the baby. This bill seeks to clarify this
confusion by requiring creation of a shared responsibility plan.
The plan would be developed by the minor parent, the caregiver,
a representative of the agency supervising the caregiver and
others as appropriate. The plan would address areas of common
conflict in these situations, such as feeding, clothing,
hygiene, transportation, and discipline.
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SB 500 creates "whole family foster homes," which would provide
foster care for teen parents and their dependent or
non-dependent children. These homes would be specifically
recruited and trained to help teen parents develop the necessary
skills to provide a safe and nurturing environment for their
children. The sponsors assert that by increasing the placement
options for foster youth in this unique situation, the child
welfare system will be less likely to be forced to rely on large
congregate care facilities or to separate children from their
minor parents. This additional category requires CCL to create
new regulations for foster home visits and oversight despite
having received recent budget cuts.
Proposed amendments. Conversations with the co-sponsors and the
author's office indicate that the Committee may wish to request
that the author take the following amendments to clarify
existing provisions in the bill:
1)On page 23, line 6, strike "child." and insert:
child, and identify supportive services to be offered to the
teen parent by the caregiver and/or the foster family agency.
This amendment will add a reference to services in the shared
responsibility plan. Currently, services to be provided by the
county agency are detailed in the child's previously created
case plan as required under current law. The shared
responsibility plan would focus on services to be provided by
the foster parent and foster family agency.
2)Amend Section 362.1 of the Welfare and Institutions Code, by
adding a new subsection:
(3) If the child is a teen parent who has custody of his or
her child and that child is not a dependent of the court
pursuant to this chapter, for visitation among the teen
parent, the child's noncustodial parent and appropriate family
members, unless the court finds by clear and convincing
evidence that such visitation would be detrimental to the teen
parent.
3)And on page 23, Line 24 add:
(10) Visits among the child and his or her noncustodial parent
and other appropriate family members, including the
responsibilities of the teen parent, the caregiver, and the
foster family agency, as appropriate, for facilitating the
visitation. The shared responsibility plan shall not conflict
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with the teen parent's case plan and any visitation orders
made by the court. If the teen parent's child also is a
dependent of the juvenile court, the visitation shall not
conflict with the child's case plan and visitation orders made
by the court.
These amendments would address visitation with the non-custodial
parent and extended family. Visitation is ordered by the court
for children who are dependents of the court.
4)Add a new section 11463.7 to the Welfare and Institutions
Code, as follows:
11463.7 (a) The department, with the advice, assistance, and
cooperation of the counties and foster care providers shall
develop, implement, and maintain a rate-setting system for
whole family foster homes certified by foster family agencies.
(b) The rate-setting system for whole family foster homes shall
be based on the rate-setting system for foster family agencies
established pursuant to section 11463, but shall take into
account the unique structure, purpose, and services provided
by whole family foster homes.
(c) The rates paid to whole family foster homes shall be
adjusted on the same percentage basis as the rates paid to
other certified foster family agency homes whenever
adjustments are made pursuant to subdivision (e) of Section
11463 or the annual budget act.
This language would request a new rate for "whole family foster
home" as defined in this bill.
REGISTERED SUPPORT / OPPOSITION :
Support
County Welfare Directors Association of California (Co-Sponsor)
Children's Law Center of Los Angles (Co-Sponsor)
Alliance for Children's Rights
California Alliance of Child and Family Services
California Commission on the Status of Women
California National Organization for Women (CANOW)
California State Association of Counties (CSAC)
Family Law Section ,The State Bar of California
Inter-agency Council on Child Abuse and Neglect (ICAN)
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Junior Leagues of California
Los Angeles Affiliate of the National Association of Counsel for
Children
National Association of Social Workers of CA (NASW-CA)
National Center for Youth Law (NCYL)
Opposition
None on file.
Analysis Prepared by : Caitlin O'Halloran / HUM. S. / (916)
319-2089