BILL ANALYSIS
AB 270
Page 1
Date of Hearing: March 24, 2009
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Jim Beall, Jr., Chair
AB 270 (De La Torre) - As Amended: March 18, 2009
SUBJECT : Dependent children: termination of jurisdiction.
SUMMARY : Specifies additional responsibilities of the county
welfare department before a dependent child reaches the age of
18 and before a non-minor dependent exits foster care. Requires
the juvenile court to continue jurisdiction over a non-minor
until specified requirements have been met. Specifically, this
bill :
1)Requires the county welfare department, at the court hearing
closest to and before a dependent child's 18th birthday (in
addition to any hearing to terminate the court's jurisdiction
over a dependent child who has reached the age of majority),
to verify in its report to the court that specified
information, services and documents have been provided to the
child.
2)Makes the following additions to the list of documents that
the county welfare department must verify to the court, at the
hearing before a dependent child turns 18 and at any hearing
to terminate jurisdiction over a non-minor dependent child,
that the department provided to the child:
a) The child's addresses of residency while under the
jurisdiction of the juvenile court (without indicating
information specific to any other resident of those
addresses);
b) A voter registration form; and
c) If applicable, a United States Selective Service
registration form for federal conformity.
3)Makes the following additions to the list of information and
services that the county welfare department must verify to the
court, at the hearing before a dependent child turns 18 and at
any hearing to terminate jurisdiction over a non-minor
dependent child, that the department provided to the child:
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a) Screening of the child for potential eligibility for
the Supplemental Security Income (SSI) program and filing
of an application if the child is likely to be eligible,
as required by other provisions of existing law; and
b) Ensuring that the child has received a consumer
credit report and any related referrals, as required by
other provisions of existing law.
4)Requires the juvenile court to continue its jurisdiction over
a child who has reached the age of majority if it finds that
the county welfare department has not provided to the child
specified information, documents and services required by law.
Provides an exception if the non-minor does not wish to
remain a dependent of the court.
5)Makes other technical, non-substantive changes to related
provisions.
EXISTING LAW
1)Establishes a system of child welfare services, including
foster care, for children who have been or are at risk of
being abused or neglected.
2)Authorizes the juvenile court to retain jurisdiction over a
child who has been adjudicated a dependent because of abuse or
neglect until the ward or dependent child attains the age of
21 years. Welfare and Institutions Code Section (WIC) 303.
3)Specifies that Aid to Families with Dependent Children-Foster
Care (AFDC-FC) benefits shall be paid on behalf of any child
under the age of 18 who meets additional eligibility criteria.
WIC 11401. Exempts from this age-based requirement foster
children between the ages of 18 and 19 who are pursuing
specified education-related goals. WIC 11403.
4)Requires the county welfare department, at any hearing to
terminate jurisdiction over a dependent child who has reached
the age of majority, to submit a report to the court verifying
that certain information, documents and services have been
provided to the child, including documents such as a social
security card, birth certificate and proof of citizenship and
assistance in obtaining health insurance, housing, employment
and financial aid for higher education. Id .
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5)Requires the county welfare department to screen every foster
youth who is nearing emancipation (between 16 and one-half and
17 and one-half years of age) for SSI eligibility and to
submit an SSI application if a youth is likely to be eligible
for those benefits. WIC 13757. Requires the county welfare
department to request a consumer credit disclosure on behalf
of a youth who reaches his 16th birthday while in foster care,
and to make specified referrals for counseling if appropriate.
WIC 10618.6.
6)Authorizes the juvenile court to continue jurisdiction over a
child if the county has not met the above requirements and
ending jurisdiction would be harmful to the child's interests.
Id .
FISCAL EFFECT : Unknown
COMMENTS : Under existing law, the county welfare department
must verify to the court that it provided certain information,
documents and services to a foster youth who reached the age of
majority while in foster care. These requirements are focused
on essential documents and services that youth will need in
their adulthood (e.g. their social security card and assistance
to obtain housing). Among other changes, this bill requires the
county welfare department to provide its verification at an
earlier hearing (before the youth's 18th birthday), in addition
to providing it at any hearing to terminate the court's
jurisdiction over a foster youth who has already reached the age
of majority.
Additional documents required by this bill : This bill would add
three new documents (a list of addresses, voter registration
form and Selective Service form) to the documents the county
welfare department must give a transition-aged foster youth.
While useful, the three documents that would be included by this
bill are not as directly related to the individual's needs upon
emancipation as those included in existing law (WIC 391).
The initial requirements regarding essential documents, services
and information for youth exiting foster care was created by AB
686 (Aroner), Chapter 911, Statutes of 2000. The most recent
additions were created by AB 2310 (Maze), Chapter 131, Statutes
of 2008.
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Continuation of court jurisdiction if documents and services are
not verified : Courts currently have authority to retain
jurisdiction over an individual who reached the age of majority
while in foster care but is under the age of 21. Existing law
flags in particular that courts may retain jurisdiction over a
non-minor if the county welfare department has not verified its
provision of specific documents and services to the youth prior
to the hearing to terminate court jurisdiction. Instead of
authorizing courts to retain jurisdiction in such a
circumstance, this bill would require courts to continue
jurisdiction (unless the youth does not wish to remain in foster
care).
Similar to this bill, SB 1148 (Cedillo, 2008) would have
required courts to retain jurisdiction over dependent children
who reached the age of majority without verification that the
youth had housing, health insurance, and employment or other
financial support. SB 1148 was held by the Senate Committee on
Appropriations.
Related policy issues and recent federal law changes surrounding
the termination of court jurisdiction over youth between the
ages of 18 and 21 : Although existing law allows courts in
California to retain jurisdiction over foster youth until the
age of 21, it is important to note that under existing state law
both federal and state foster care funds are available only
until youth are 18 or 19 years old. As a result, the vast
majority of California's foster youth who are in care when they
reach the age of majority (approximately 4,000 to 5,000 each
year) currently "emancipate" from the system at the age of 18 or
19. Under new federal law--the Fostering Connections to Success
and Increasing Adoptions Act of 2008 (P.L. 110-351) (Fostering
Connections Act)--federal matching funds will become available
as of October 1, 2010 for states that opt to provide specified
foster care services until eligible youth reach the age of 21.
Several bills introduced this session include provisions to
implement various sections of the federal Fostering Connections
Act. Most relevant to AB 270 are AB 12 (Beall, Bass) and SB 597
(Liu), which would opt California in to drawing down these new
federal funds and supporting foster youth between the ages of 18
and 21.
Technical amendment agreed upon by the author : For clarity, the
author will strike "for federal compliance" on page 3, line 25,
and instead insert "to assist the dependent child to comply with
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the requirements of the federal Military Selective Services Act
found in 50 U.S.C. 451."
DOUBLE REFERRAL . This bill has been double-referred. Should
this bill pass out of this committee, it will be referred to the
Assembly Judiciary Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County and Municipal Employees
(AFSCME)
California Youth Connection
Family Law Section, State Bar of California
Opposition
None on file
Analysis Prepared by : Jennifer Troia / HUM. S. / (916)
319-2089