BILL ANALYSIS
SENATE HUMAN
SERVICES COMMITTEE
Senator Elaine K. Alquist, Chair
BILL NO: SB 1289
S
AUTHOR: Cedillo
B
VERSION: March 23, 2006
HEARING DATE: April 25, 2006
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FISCAL: Appropriations
2
8
CONSULTANT:
9
Hailey
SUBJECT
Foster children: continuing aid and transitional services
SUMMARY
Allows persons to remain voluntarily in foster care until
21 years of age, if they are in attendance in university,
community college, or vocational training on a full-time
basis.
ABSTRACT
Current law:
1. Establishes the Aid to Families with Dependent Children
- Foster Care (AFDC-FC) program.
2. Provides for payments to foster care providers on
behalf of qualified children in foster care until their
18th birthday or, if attending high school or its
equivalent with the expectation of completing that program
within a year, their 19th birthday.
3. Establishes programs to provide services to foster
children making the transition to independent living and to
Continued---
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emancipated former foster children.
This bill:
1. Includes findings and declarations about youth in
foster care and young adults who have been in foster care.
2. Allows a person who has been in foster care receiving
aid to continue receiving aid voluntarily until 21 years of
age, if he or she is either in continuous attendance at a
high school, a university, a community college, or the
equivalent level of vocational or technical training.
3. Allows a person who has been in foster care receiving
aid to continue receiving aid until 21 years of age, if he
or she is employed prior to his or her 18th birthday and
maintains that employment.
4. Requires a county independent living program to provide
monthly one-on-one consultations for a foster child 14
years of age or older, focusing on issues related to
emancipation from foster care.
Requires such independent living consultations
immediately for children residing in a group home and
who meet the age requirement.
After January 1, 2008, requires such independent
living consultations for all children meeting the age
requirement who are placed with a non-relative in
foster care.
Requires such independent living consultations,
commencing June 1, 2008, for a foster child 14 years
of age and older who is placed in a permanent
placement with a relative.
Requires such independent living consultations,
commencing January 1, 2009, for all foster children
ages 14 years of age and older who are in any
out-of-home placement.
FISCAL IMPACT
Unknown.
BACKGROUND AND DISCUSSION
According to the author, young adults who have been in
foster care are expected at age 18 to assume full
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responsibility for their lives, maintaining a job,
attending school, finding housing, and supporting
themselves without the help of other adults. The author
points out that they often do not succeed: half are
unemployed and half experience incidents of homelessness
during their late teen, early adult years. In addition,
although transition housing assistance is available for a
few, it reaches only 5 percent of those eligible in Los
Angeles County. This bill, according to the author, would
allow those foster youth who are most vulnerable and least
able to care for themselves after their 18th birthday to
remain in foster care until the age of 21 while they
acquire additional skills that adults need.
The Scope of the Bill
More than 4,000 youth emancipate from foster care each
year, most by virtue of celebrating their 18th birthday or
completing high school, whichever comes later.
Theoretically, under the terms of this bill, all of these
youth could receive aid payments until their 21st birthday,
if they attend college or a vocational education program or
if they maintain employment. The base rate for foster care
for older teenagers is $600 per month, plus a quarterly
clothing allowance of about $100. A youth placed in a
group home would be supported by an aid payment
significantly higher than the base rate.
Approximately 32,000 foster children are between their 14th
and 18th birthdays. Under the terms of this bill, they
would receive a monthly consultation on emancipation
issues.
Arguments in support
Although the juvenile court can retain jurisdiction over a
youth up to age 21, aid through the AFDC-FC program stops
when the youth turns 18. This bill, say the supporters,
will give these young people additional time to get their
feet on the ground. By allowing high school students who
are in special education to continue their education past
their 19th birthday will recognize the challenges they face
in securing their diploma.
Supporters also point out that this bill will help prevent
homelessness, unemployment and underemployment, early
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pregnancy, and, potentially, fewer encounters with the
justice system. These supporters also believe that
beginning to counsel and prepare foster youth for
emancipation as early as their 14th birthday will add to
their abilities to be independent adults.
POSITIONS
Support: AFSCME
California Youth Connection
Community College League of California
National Center on Youth Law
Youth Law Center
Oppose: None received
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