BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 945|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: SB 945
Author: Liu (D), et al
Amended: 3/8/10
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 4-0, 4/13/10
AYES: Liu, Romero, Runner, Yee
NO VOTE RECORDED: Maldonado
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/20/10
AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE APPROPRIATIONS COMMITTEE : 9-0, 5/3/10
AYES: Kehoe, Cox, Corbett, Leno, Price, Walters, Wolk,
Wyland, Yee
NO VOTE RECORDED: Alquist, Denham
SUBJECT : Juvenile court jurisdiction: services and
benefits
SOURCE : Childrens Advocacy Institute
DIGEST : This bill requires probation and parole offices
to provide notification to a juvenile ward, at the time the
court terminates jurisdiction, that he/she is eligible to
benefits and services available to other former foster
children.
ANALYSIS :
CONTINUED
SB 945
Page
2
Existing law:
1. Provides child welfare services to dependent children
and to wards of the court in the event that their
natural parents are unable to provide care and
supervision.
2. Provides specific services and benefits to these
dependent children and wards of the court upon return to
their parents or upon their emancipation.
This bill:
1. Makes findings and declarations relative to wards of the
juvenile court that are also designated as dependents,
including the Legislature's intention to reduce the
criminal activity of these individuals and to encourage
their academic success by ensuring that they are aware
of their eligibility for services and benefits available
to former foster children.
2. Requires probation officers and parole officers, when
the juvenile court terminates jurisdiction of a ward, to
provide the youth with both of the following:
A. A written notice stating that he/she is a former
foster child and may be eligible for the services
and benefits available to other former foster
children.
B. Information that informs the former ward of the
availability of and assistance to apply for federal
and state programs that provide independent living
services and other benefits to former foster
children.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee analysis:
Fiscal Impact (in thousands)
SB 945
Page
3
Major Provisions 2010-11 2011-12
2012-13 Fund
State mandate: Likely minor, potentially reimbursable
General
County probationcosts
Independent Living Likely very minor
cost pressure General/
Program (ILP)
Federal
SUPPORT : (Verified 5/5/10)
Children's Advocacy Institute (source)
Aspiranet
California PTA
Family Law Section, State Bar of California
Los Angeles County District Attorney
Public Counsel Law Center
ARGUMENTS IN SUPPORT : The author's office believes that
the bill will result in youth learning about and using
supportive services that may mitigate or reduce their
current risk of limited academic achievement and of
continued encounters with the criminal justice system. The
author's office states:
Each year in California more than 4,000 foster
children turn 18 and exit the system. These youth
face significant challenges in their transition to
adulthood and are not faring well as other young
adults. . . .
Our state has created a number of new policies to
assist foster youth. As a result, foster youth who
age out of the system at 18 can access a variety of
assistance and counseling programs. These programs
help with housing, college planning and financing, and
job and financial counseling.
Unfortunately, a segment of the foster youth
population, called "dual status youth," are unable to
SB 945
Page
4
access services because they cannot prove their status
as a former foster youth. Dual status youth are
foster youth who have been under the jurisdiction of
both the dependency courts to the juvenile delinquency
court system. When these children emancipate from the
juvenile delinquency court status, rather than from
dependency court status, they are effectively denied
access to private and non-profit programs designed to
assist former foster youth.
While there is no specific provision of California law
that terminates a dual status youth's eligibility for
transitional living services there is no process to
ensure that these children receive proof of their
history in the foster care system. Foster youth who
are moved to the delinquency court system frequently
do not return to their dependency status after
satisfying their court-ordered detention or treatment
due to the lack of placement availabilities.
These youth fall between the cracks because foster
care programs identify transitional youth based on
their residency. Young people who are wards of the
court (housed in juvenile court or treatment
facilities) do not reside in homes reserved
specifically for foster youth and therefore not able
to prove their status as a foster youth. Although
probation officers who oversee wards for the court are
expected to advise and assist their wards with access
to transitional living services, there is no clear
process for the probation officers to follow to assist
this population.
SB 945 would ensure that upon the release of a ward
from a nonfoster care facility, a probation officer or
parole officer will provide the person with:
A written notice stating that the youth is a former
foster child and may be eligible for the services and
benefits that are available to a former foster child
through public and private programs.
Information that informs the youth of the availability
of federal and state programs that provide independent
living services and benefits to former foster
SB 945
Page
5
children.
CTW:DLW:do 5/5/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****