BILL ANALYSIS
AB 270
Page 1
Date of Hearing: April 21, 2009
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
AB 270 (De La Torre) - As Amended: April 15, 2009
SUBJECT : Dependent children: termination of jurisdiction
KEY ISSUE : IN ORDER TO HELP ENSURE THAT YOUTH EMANCIPATING OUT
OF THE FOSTER CARE SYSTEM HAVE DOCUMENTS NECESSARY FOR THEIR
FUTURE, SHOULD THE JUVENILE COURT BE REQUIRED TO CONTINUE
JURISDICTION OVER A YOUTH UNTIL THE REQUIRED DOCUMENTATION HAS
BEEN PROVIDED?
FISCAL EFFECT : As currently in print this bill is keyed fiscal.
SYNOPSIS
Each year, approximately 4,000-5,000 youth emancipate out of the
foster care system without a loving family to help guide and
support them. This bill seeks to assist those youth by ensuring
that they are given such vital documents as Social Security
cards, birth certificates and health and education summaries
before they emancipate out of the foster care system. Courts
currently have authority to retain jurisdiction over an
individual who has 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. This bill passed out of
the Assembly Human Services Committee unanimously. This bill is
supported by, among others, the Alliance for Children's Rights,
California Youth Connection, the Family Law Section of the State
Bar and Secretary of State Debra Bowen. There is no known
opposition.
SUMMARY : Specifies additional responsibilities of the county
welfare department before a dependent child reaches the age of
18 or 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
AB 270
Page 2
bill :
1)Requires the county welfare department, at either the court
hearing closest to and before a dependent child's 18th
birthday or the hearing to terminate the court's jurisdiction
over a dependent child who has reached the age of majority,
whichever is earlier, 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 to assist the child in complying with
federal requirements.
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:
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.
AB 270
Page 3
EXISTING LAW :
1)Provides that children may become dependent children of the
juvenile court and removed from their parents or guardian on
the basis of abuse or neglect. (Welfare and Institutions Code
Section 300. Unless otherwise stated, all further statutory
references are to that code.)
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. (Section 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.
Exempts from this age-based requirement foster children
between the ages of 18 and 19 who are pursuing specified
education-related goals. (Sections 11401, 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. (Section 11403.)
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. 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. (Sections
13757, 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.
(Section 10618.6.)
AB 270
Page 4
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 has 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 in obtaining housing). Among other changes, this
bill requires the county welfare department to provide its
verification at the earlier of the hearing right before the
youth's 18th birthday or the hearing to terminate the court's
jurisdiction over the youth.
According to the author:
Currently, courts have the discretion to terminate
jurisdiction over a foster child without their receipt
of vital identification documents. Without proper
documentation foster youth are left completely
unidentifiable, therefore much more vulnerable and
unable to secure employment. AB 270 will strengthen
the court's role to ensure counties are providing all
required documentation to foster youth prior to the
court's termination of jurisdiction.
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, such as a Social
Security card, driver's license and original birth certificate.
No concern has been raised regarding these additional documents.
The initial requirements regarding essential documents, services
and information for youth exiting foster care was created by AB
686 (Aroner), Chap. 911, Stats. 2000. The most recent additions
were created by AB 2310 (Maze), Chap. 131, Stats. 2008.
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
AB 270
Page 5
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
Appropriations Committee.
While supporting the bill in concept, the County Welfare
Directors Association raises concerns about the requirement that
courts retain jurisdiction:
In addition to being a potentially costly requirement,
depending on the percentage of youth who do not have
every document in hand upon emancipating, we question
whether the provision is necessary or even advisable.
The courts already have a means to continue
jurisdiction in those cases where it is appropriate to
do so, and both the youth and his or her attorney may
comment on whether they feel this should be done. AB
270 would automatically extend jurisdiction in every
case - regardless of the facts of that case, the
situation of the individual youth, the commitment and
effort on the part of the child's social worker,
and/or the particular documents or information that
have not been provided.
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)
AB 270
Page 6
(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 this bill is AB 12
(Beall and Bass), which would opt California in to drawing down
these new federal funds and supporting foster youth between the
ages of 18 and 21.
ARGUMENTS IN SUPPORT : Exemplifying the need for the bill, the
Alliance for Children's Rights tells the story of a foster youth
who emancipated out of care without even a birth certificate.
As a result, the youth "could not obtain financial aid to attend
community college, or even enroll for that matter. Today he is
working at a car wash while waiting for a birth certificate
ordered from Sacramento - a process that could take many
months."
Also in support, the Family Law Section of the State Bar writes
that "it is in the best interest of dependent children coming
from under the jurisdiction of the Juvenile Court to not become
homeless teenagers, but to be provided, at least, minimum
information, assistance and opportunities to become
self-supporting."
REGISTERED SUPPORT / OPPOSITION :
Support
Alliance for Children's Rights
American Federation of State, County and Municipal Employees
(AFSCME)
California Youth Connection
County Welfare Directors Association of California (in concept)
Family Law Section, State Bar of California
Secretary of State Debra Bowen
Women of Substance and Men of Honor
Opposition
None on file
Analysis Prepared by : Leora Gershenzon / JUD. / (916)
319-2334
AB 270
Page 7