BILL ANALYSIS
SB 500
Page 1
SENATE THIRD READING
SB 500 (Kuehl)
As Amended August 25, 2005
2/3 vote
SENATE VOTE :40-0
HUMAN SERVICES 6-0 APPROPRIATIONS 13-4
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|Ayes:|Evans, Arambula, Bass, |Ayes:|Chu, Bass, Berg, |
| |Coto, Nation, Spitzer | |Calderon, Karnette, |
| | | |Klehs, Leno, Nation, |
| | | |Oropeza, Laird, Saldana, |
| | | |Yee, Mullin |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Sharon Runner, Emmerson, |
| | | |Nakanishi, Walters |
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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
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) and requests a new rate for "whole
family foster home" as defined in this bill.
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5)Specifies conditions for a foster youth who is a teen parent
and his or her child living in a whole family foster home to
be eligible for federal financial participation.
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 shared responsibility plan shall in no way
limit the teen parent's legal right to make decisions
regarding her child.
8)Requires that once the responsibility plan has been completed
and provided to the appropriate agencies, the new rate shall
be increased by an additional $200 per month to reflect the
increased mentoring to be provided to the teen parent while he
or she is placed in the whole family foster home.
EXSISTING FEDERAL LAW authorizes federal financial participation
to pay for the cost of foster care.
EXISTING STATE 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 Assembly Appropriations
Committee analysis, there is first year net cost in the range of
$400,000 GF and on-going annual net costs of $200,000 GF.
COMMENTS : SB 1178 (Kuehl) Chapter 841, Statutes of 2004, the
Teen Parents in Foster Care Act, expressed the Legislature's
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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, this bill
permits these teens and their children 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
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 allows 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 clarifies existing law
and provides 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
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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.
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.
Analysis Prepared by : Caitlin O'Halloran / HUM. S. / (916)
319-2089
FN: 0012505