BILL ANALYSIS
AB 154
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CONCURRENCE IN SENATE AMENDMENTS
AB 154 (Evans)
As Amended September 2, 2009
Majority vote
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|ASSEMBLY: |79-0 |(June 1, 2009) |SENATE: |39-0 |(September 4, |
| | | | | |2009) |
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Original Committee Reference: HUM. S.
SUMMARY : Conforms state law to new federal requirements related
to the adoption assistance program. Specifically, this bill :
1)Requires, in conformity with federal law, that any savings
from recent changes in eligibility for federal funding to
support adoption assistance payments must be spent for the
provision of foster care and adoption services.
2)Adds to existing requirements for disclosures from the
department or licensed adoption agency to prospective adoptive
families the requirement to inform the family of their
potential eligibility for state and federal tax credits.
3)Adds double-jointing language to avoid chaptering out issues
with SB 597 (Liu) of 2009.
The Senate amendments add double-jointing language to avoid
chaptering out issues with SB 597 (Liu) of 2009.
AS PASSED BY TH E ASSEMBLY , this bill was substantially similar
to the version passed by the Senate.
FISCAL EFFECT : None
COMMENTS : 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 (Fostering Connection Act) (P.L. 110-351) (Fostering
Connections Act).
The Adoption Assistance Program (AAP) in California :
California's AAP was created to reduce the number of children in
foster care and help to provide stable, secure adoptive homes
AB 154
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for eligible children. In 2007-08, California provided adoption
assistance benefits on behalf of 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 government, state and
relevant county. For children who are not federally-eligible,
the costs are shared by the state and county only.
Recent changes allow federal support of adoption assistance for
more children with special needs and require reinvestment of
resulting savings to the state : A child adopted from foster
care today is eligible for federal financial participation in
adoption assistance benefits if, among other requirements, the
home the child was removed from has an income that meets the
state's Aid to Families with Dependent Children (AFDC) income
eligibility standard that was in place on July 16, 1996 (without
taking into account inflation). One of the major changes
created by the Fostering Connections Act is the gradual (between
federal fiscal years 2010 and 2018, phased in by age group)
de-linking of a child's eligibility for federal adoption
assistance from these outdated AFDC income requirements. As a
result, the Fostering Connections Act will increase the number
of children with special needs who can be adopted with federal
support.
Beginning October 1, 2010, children adopted at age 16 or over
will no longer need to meet the old AFDC standard. By 2018, the
"look-back" to old AFDC standards as a basis for federal
financial participation will be phased out completely.
Beginning October 1, 2010, the Fostering Connections Act also
creates exceptions to the old AFDC eligibility standard for
children who have spent extended time in foster care (more than
five years) or who are to be adopted together with a sibling who
is eligible for federal support. In addition, children who are
eligible for Supplemental Security Income benefits based solely
on the medical and disability requirements are considered
children with special needs and eligible for adoption
assistance.
The Fostering Connections Act requires states to spend an amount
equal to the savings in state expenditures due to changed
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eligibility for federal financial participation in adoption
assistance payments on the provision of services to children or
families, including post-adoption services. Provisions of AB
154 conform state law to this requirement without offering any
specific guidance about how those funds shall be used (e.g., in
which programs or services).
AB 47 (Ma and Niello) of 2009, would increase the amount of
adoption-related tax credits available to Californians who adopt
foster youth aged 12 or older or who were recently living in a
group home or residential treatment facility. AB 47 was held
under submission on the Assembly Appropriations Committee.
Analysis Prepared by : Frances Chacon / HUM. S. / (916)
319-2089
FN:
0002912