BILL NUMBER: SB 1289 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 3, 2006
AMENDED IN SENATE MARCH 23, 2006
AMENDED IN SENATE MARCH 20, 2006
INTRODUCED BY Senator Cedillo
FEBRUARY 14, 2006
An act to amend Section 11403 of, and to add Section
11403.5 to, An act to amend Section 11403 of, and to
add Section 16501.155 to, the Welfare and Institutions Code,
relating to foster children.
LEGISLATIVE COUNSEL'S DIGEST
SB 1289, as amended, Cedillo Foster children: continuing aid and
transitional services.
Existing law provides for programs, such as the Transitional
Housing Placement Program and the Supportive Transitional
Emancipation Program (STEP), to provide services for foster children
making the transition to independent living.
Existing law establishes the Aid to Families with Dependent
Children-Foster Care (AFDC-FC) program, under which counties provide
payments to foster care providers on behalf of qualified children in
foster care. The program is funded by a combination of federal,
state, and county funds, with moneys from the General Fund being
continuously appropriated to pay for the state's share of AFDC-FC
costs. Under existing law, aid is provided to foster children until
the age of 18 years, but may be continued after a child's 18th
birthday if the child is attending high school or an equivalent
vocational or technical program, or is pursuing a high school
equivalency certificate, and meets other specified requirements.
This bill would instead allow a child who is in foster care and
receiving AFDC-FC aid to continue to receive aid after 18 years of
age until 21 years of age, if the foster child is either in
attendance at a high school, university or community college, or
vocational or technical training program, on a full-time or part-time
basis, or is employed on a full-time or part-time basis, on his or
her 18th birthday.
Existing law requires the department to develop statewide
standards for the Independent Living Program for emancipated foster
youth established pursuant to federal law. Under existing law,
counties administer the Independent Living Program, and annually
report to the State Department of Social Services regarding county
implementation of the program. Existing law requires the case
plan for a foster child 16 years of age or older to
include specified independent living skills, when appropriate.
This bill would require a county independent living program to
provide mandatory, monthly, one-on-one consultations
case management for a foster child 14 years of
age or older, focusing on specified issues related to the foster
child's impending emancipation from foster care. The bill would
require that these consultations this case
management only be provided to a foster child residing in a
group home, with a case plan for permanency placement, until January
1, 2008, and to foster children in other designated placements on
specified dates.
Existing law continuously appropriates moneys from the General
Fund to defray a portion of county costs under the CalWORKs program.
This bill would instead provide that the continuous appropriation
would not be made for purposes of implementing the bill.
By placing additional responsibilities on counties administering
the AFDC-FC program, this bill would impose a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) California requires most youth to emancipate from foster care
at 18 years of age, even though research suggests that most young
people are not fully self-sufficient until 27 years of age.
(b) Fifty percent of individuals in the United States between 18
and 24 years of age live at home with their parents, and that number
increases to 75 percent when looking at young adults at 18 years of
age.
(c) In California, 50 percent of former foster youth become
homeless within the first 18 months after emancipation, and 51
percent are unemployed.
(d) Foster youth transitioning to adulthood have great needs and
face significant challenges, including educational deficits, housing
instability, mental health problems, economic insecurity,
victimization, and lack of a support system.
(e) The youth who elect to remain in care voluntarily after the
age of 18 years are generally the most vulnerable youth, who need the
most direction and support. The more motivated youth often have more
control over their lives and often choose to leave care as soon as
possible.
(f) California is the "parent" of all foster youth in the state,
and it is the state's responsibility to assist foster youth in
attaining the foundation necessary for a successful transition to
adulthood.
(g) The California foster care system encourages youths to
emancipate at 18 years of age, without requiring them to receive any
sort of life skills, tools that are essential to the survival of any
youth.
(h) Research from the Annie E. Casey Foundation suggests that
ensuring that foster youth receive hands on life skills case
management services increases the likelihood of educational success
and reduces the likelihood of negative employment outcomes.
(i) Almost one-half of foster youth who emancipate on their 18th
birthday are unable to support themselves without some form of
government assistance. Less than 50 percent are employed, and 90
percent of those who are employed earn less than $10,000 a year.
(j) Researchers at the Chapin Hall Center for Children at the
University of Chicago have found that youth who remain in foster care
past their 18th birthday are twice as likely to be enrolled in a
school or training program as those who have been discharged and over
three times as likely to be enrolled in college, and are less likely
to become pregnant or parent a child, experience economic hardship,
or become involved with the criminal justice system. The Chapin Hall
study is at the forefront of foster care research and is the only
longitudinal study that tracks older foster youth.
(k) Extended time in foster care gives youth the opportunity to
make up for educational deficits associated with their maltreatment
history and the school mobility that many of them experience while in
out-of-home care.
(l) Once youth become homeless, no social service money is
directed to them. Homeless youth who make their way to shelters find
that these facilities are adult-oriented, making a shelter a
dangerous setting for a young person. In addition, shelters are often
the venue for theft and drug use. Once youth are on the streets,
substance abuse becomes one of the largest problems they face.
(m) People with a foster care history are overrepresented in the
homeless population. Homeless people with a foster care history are
more likely than other people to have their own children in foster
care.
(n) Young people who are emancipated from foster care and become
homeless tend to lack the support networks that other people can rely
upon in times of crisis.
(o) Washington, D.C., and several states, including New York,
Illinois, Pennsylvania, Ohio, and Oregon currently allow youths to
remain in care beyond 18 years of age.
SEC. 2. Section 11403 of the Welfare and Institutions Code is
amended to read:
11403. A child who is in foster care and receiving aid
11403. (a) A child who is in foster care and
receiving aid pursuant to this chapter and who is attending high
school or the equivalent level of vocational or technical training on
a full-time basis, or who is in the process of pursuing a high
school equivalency certificate prior to his or her 18th birthday may
continue to receive aid following his or her 18th birthday as long as
the child continues to reside in foster care placement, remains
otherwise eligible for AFDC-FC payments, and continues to attend high
school or the equivalent level of vocational or technical training
on a full-time basis, or continues to pursue a high school
equivalency certificate and the child may reasonably be expected to
complete the educational or training program or to receive a high
school equivalency certificate before his or her 19th birthday. Aid
shall be provided to an individual pursuant to this section provided
that both the individual and the agency responsible for the foster
care placement have signed a mutual agreement, if the individual is
capable of making an informed agreement, that documents the continued
need for out-of-home placement.
(b) A child who is in foster care and
receiving aid pursuant to this chapter and who is either in
attendance at a high school, university or community college,
vocational or technical training program, or internship, on a
full-time or part-time basis, or who is employed on a full-time or
part-time basis, on his or her 18th birthday, may continue to receive
aid following his or her 18th birthday, until the foster child
reaches 21 years of age. In order to be eligible for continued
receipt of aid pursuant to this subdivision, the foster child shall
continue to reside in foster care placement, and shall remain
otherwise eligible for AFDC-FC payments. Aid shall be provided to an
individual pursuant to this section, provided that the individual has
consented to remain in foster care.
SEC. 3. Section 11403.5 is added to the Welfare
and Institutions Code, to read:
11403.5. (a) A county independent living program shall provide
mandatory, monthly, one-on-one case management consultations for
foster youth 14 years of age and older, pursuant to this section.
These consultations shall focus on high school graduation, future
educational goals, housing options after release from foster care,
vocational and career counseling and placement, and knowledge of
community resources and public benefits, including those offered
through the independent living program.
(b) Until January 1, 2008, the consultations required pursuant to
subdivision (a) shall only be required for a foster child residing in
a group home whose case plan is for permanency placement rather than
reunification. Commencing January 2, 2008, these consultations shall
also be mandatory for a foster child 14 years of age and older who
is placed with a nonrelative in a permanent placement. Commencing
June 1, 2008, these consultations shall also be mandatory for a
foster child 14 years of age and older who is placed with a
nonrelative or in a permanent placement with a relative. Commencing
January 1, 2009, these consultations shall also be mandatory for a
foster child 14 years of age and older who is in any out-of-home
placement.
SEC. 3. Section 16501.155 is added to the
Welfare and Institutions Code , to read:
16501.155. (a) A county independent living program shall provide
mandatory, monthly, one-on-one case management for foster youth 14
years of age and older, pursuant to this section. This case
management shall focus on high school graduation, future educational
goals, housing options after release from foster care, vocational and
career counseling and placement, and knowledge of community
resources and public benefits, including those offered through the
independent living program.
(b) Until January 1, 2008, the case management required pursuant
to subdivision (a) shall only be required for a foster child residing
in a group home whose case plan is for permanency placement rather
than reunification. Commencing January 2, 2008, this case management
shall also be mandatory for a foster child 14 years of age and older
who is placed with a nonrelative in a permanent placement. Commencing
June 1, 2008, this case management shall also be mandatory for a
foster child 14 years of age and older who is placed with a
nonrelative or in a permanent placement with a relative. Commencing
January 1, 2009, this case management shall also be mandatory for a
foster child 14 years of age and older who is in any out-of-home
placement.
SEC. 4. No appropriation pursuant to Section 15200 shall be made
for the purpose of implementing this act.
SEC. 5. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.