BILL ANALYSIS
AB 921
Page 1
ASSEMBLY THIRD READING
AB 921 (Jones)
As Amended May 26, 2009
Majority vote
HUMAN SERVICES 5-0 APPROPRIATIONS 15-0
-----------------------------------------------------------------
|Ayes:|Beall, Ammiano, Hall, |Ayes:|De Leon, Nielsen, |
| |Portantino, Torres | |Ammiano, |
| | | |Charles Calderon, Davis, |
| | | |Duvall, Fuentes, Hall, |
| | | |Harkey, Miller, |
| | | |John A. Perez, Price, |
| | | |Skinner, |
| | | |Audra Strickland, |
| | | |Torlakson |
|-----+--------------------------+-----+--------------------------|
| | | | |
-----------------------------------------------------------------
SUMMARY : Requires probation officers to notify wards who have
been in foster care whenever the juvenile court orders a hearing
to terminate jurisdiction on the basis of age. Specifically,
this bill :
1)Requires that, whenever the juvenile court orders a hearing to
terminate court jurisdiction on the basis of age over a ward
who was previously in foster care, the court order the
probation officer to provide the ward with a written notice
stating that the person is a former foster child and is
eligible for the services and benefits that are available to a
former foster child through public and private programs,
including, any independent living program for former foster
children.
2)Requires the probation officer or social worker to provide
these emancipating youth with all necessary information
regarding the availability of, and assistance to enable the
person to apply for and gain acceptance into, federal and
state programs that provide independent living services and
benefits to former foster children, including but not limited
to, financial assistance, housing, and educational resources,
for which he or she is or may be eligible.
AB 921
Page 2
EXISTING LAW :
1)Requires the state, through the Department of Social Services
and county welfare departments, to establish and support a
system of statewide child welfare, which includes services
related to foster care placement of dependent children and
independent living.
2)Provides for state and county probation department oversight
of youth as wards of the juvenile court for violations of
laws, habitual disobedience, or truancy.
3)Provides that whenever a minor appears to come within the
description of both a dependent and a ward of the juvenile
court, the county probation department and child welfare
services department shall, pursuant to a jointly written
protocol, initially determine which status will serve the best
interests of the minor and the protection of society.
4)Allows the minor to simultaneously be designated as a
dependent child and a ward of the court if the minor meets
certain criteria as specified in the joint protocol and only
if the joint protocol has been entered into by both
departments.
5)Provides for a range of child welfare services for children
and families and independent living services.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis:
1)Minimal reimbursable local costs, likely less than $50,000,
for the workload associated with probation officers providing
wards the required information and assistance.
2)Social workers are already required to provide this
information and assistance to foster youth. Therefore there
are no new costs for county child welfare departments.
COMMENTS : According to the author, "[w]hen foster youth are
reassigned from dependency (foster care) court status to
delinquency court status they become a 'ward of the court' and
often lose their connection to and relationship with the foster
care system." The author notes further that wards are often
AB 921
Page 3
retained longer than necessary in the juvenile justice system
because of the unavailability of housing in the foster care
system. "As a result, many former foster youth 'age out'
(become 18 years old) while residents in juvenile court
facilities ... When this happens, they are not 'counted' when
the social service system identifies foster youth who will be
eligible to participate in Independent Living Program (ILP)
services, and are generally not made aware of those services."
This bill is intended to re-connect dual status children (who
are simultaneously designated as a dependent child and a ward),
or former foster children who subsequently become wards of the
court, with transitional programs available through the foster
care system. According to the Children's Advocacy Institute
(CAI), the bill's sponsor, this bill "will ensure that every
dependent child that becomes a ward of the court receives ILP
services and all other state services entitled to emancipating
former foster youth regardless of their residency status while a
ward of the court." CAI further notes that, "[t]he commitment
the state has made to its children should not stop just because
a child gets in trouble with the law. If anything these kids
need more love, more support and more tools. ... These children
are foster children. They may have gotten in trouble with the
law but they still do not have parents and it should continue to
be the job of the state to provide these children with every
opportunity possible to help them succeed."
This bill would ensure that, when jurisdiction of the juvenile
court is to be terminated on the basis of age, dual status
children and former foster children are provided with
documentation confirming their status as a former foster youth,
advising them of their eligibility for public and private
services and benefits available to former foster youth, and
providing them with information about assistance available to
enable them to apply for such programs.
Analysis Prepared by : Eric Gelber / HUM. S. / (916) 319-2089
FN: 0000946