BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 154|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 154
Author: Evans (D)
Amended: 4/14/09 in Assembly
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 5-0, 6/23/09
AYES: Liu, Maldonado, Alquist, Runner, Yee
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 79-0, 6/1/09 - See last page for vote
SUBJECT : Adoption assistance: federal law
SOURCE : Author
DIGEST : This bill conforms state law to new federal
requirements related to the adoption assistance program.
ANALYSIS :
Existing federal law:
1. Requires states that receive funding for foster care and
adoption assistance under Title IV-E of the Social
Security Act to enter into specified agreements with
adoptive parents of children with special needs. [42
United States Code (USC) 673(a)(1)(A)]
2. Requires state foster care and adoption plans to include
CONTINUED
AB 154
Page
2
assurances that the state will inform any individual who
is or is considering adopting a child in foster care of
potential eligibility for a federal tax credit. [42 USC
671(a)(33)]
3. Allows states to make adoption assistance payments to
adoptive parents of a child with special needs. [42 USC
673(a)(1)(B)]
4. Specifies that the amount of assistance payments shall
be determined through agreement between the adoptive
parent and the state or local agency, with consideration
of the circumstances of the adopting parent and the
needs of the child. [42 USC 673(a)(2)(D)]
5. Defines children eligible for federal financial
participation in adoption assistance payments as those
who would have met the requirements of the Aid to
Families with Dependent Children (AFDC) program as it
was in effect in 1996. [42 USC 673(a)(2)(A)]
6. Broadens eligibility requirements to phase-out, from
2010 to 2018, the link to 1996 AFDC standards by
age-group, and to provide additional exceptions that
begin in 2010. [42 USC 673(e)]
7. Requires states to spend an amount equal to savings in
state expenditures, due to changes in federal
eligibility for adoption assistance support, on
providing child welfare services to children and
families, including post-adoption services. [42 USC
673(a)(8)]
8. Requires states to expend adoption incentive payments on
child welfare services to children and families,
including post-adoption services. [42 USC 673b(f)]
Existing state law:
1. Establishes the adoption assistance program (AAP) with
the intent to reduce the number of children in foster
care and provide stable, secure homes for children who
meet specified eligibility requirements. [Sections
16115.5 and 16120 of the Welfare and Institutions Code
AB 154
Page
3
(WIC)]
2. Specifies that the amount of adoption assistance
benefit, if any, shall be negotiated based on the needs
of the child and circumstances of the family and
included in an adoption assistance agreement. [WIC
Sections 16119(d)(1) and 16120.05]
3. Requires the department or licensed adoption agency
receiving application for adoption of a child
potentially eligible for AAP benefits to provide the
prospective adoptive family with written information on
AAP benefits. [WIC Section 16119(a)]
4. Specifies the intent of the Legislature to reinvest any
incentive payments received through the Adoption and
Safe Families Act of 1997 (Public Law 105-89) into the
child welfare system in order to provide adoption
services. [WIC Section 16131]
This bill:
1. Requires the Department of Social Services (DSS) to act
in accordance to federal law to utilize any savings in
state funds realized from the change in federal funding
for adoption assistance resulting for the provision of
foster care and adoption services.
2. Requires DSS or a licensed adoption agency inform
prospective adoptive families of their potential
eligibility for a federal and state tax credits.
3. Expresses the intent of the Legislature to conform state
statutes to the Fostering Connections to Success and
Increasing Adoptions Act of 2008, and to expend savings
resulting from changes in eligibility for adoption
assistance on services, including, but not limited to,
post-adoption assistance.
Background
California's AAP was created to reduce the number of
children in foster care and help to provide stable, secure
adoptive homes for eligible children. In 2007-08,
AB 154
Page
4
California provided adoption assistance benefits to an
average monthly caseload of nearly 77,000 children with
special needs. The amount of AAP support is based on the
child's needs and family's circumstances, with eligibility
periodically reassessed. Payments continue until the child
reaches age 18, unless a mental or physical disability
creates eligibility until the age of 21. For children who
are federally eligible, the costs of AAP benefits are
shared among the federal, state, and county governments.
For children who are not federally-eligible, the costs are
shared by the state and county.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 7/2/09)
American Federation of State, County and Municipal
Employees
California Adoption Lawyers
California Youth Connection
County Welfare Directors Association of California
Family Law Section, State Bar of California
Judicial Council
Youth Law Center
ARGUMENTS IN SUPPORT : The changes proposed by this bill
are necessary to conform state law to new federal
requirements created by the Fostering Connections to
Success and Increasing Adoptions Act of 2008 (P.L.
110-351).
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,
Garrick, Gilmore, Hagman, Hall, Harkey, Hayashi,
Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight,
Krekorian, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza,
AB 154
Page
5
Miller, Monning, Nava, Nestande, Niello, Nielsen, John A.
Perez, V. Manuel Perez, Portantino, Price, Ruskin, Salas,
Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Villines, Yamada, Bass
NO VOTE RECORDED: Block
CTW:mw 7/2/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****