BILL ANALYSIS �
SENATE HUMAN
SERVICES COMMITTEE
Senator Carol Liu, Chair
BILL NO: AB 1712
A
AUTHOR: Beall
B
VERSION: June 21, 2012
HEARING DATE: June 26, 2012
1
FISCAL: Yes
7
URGENCY: Yes
1
CONSULTANT: Sara Rogers
2
SUBJECT
Minors and nonminor dependents: California Fostering
Connections to Success Act
SUMMARY
Enacts numerous technical, clarifying, and federal
conformity changes to the California Fostering Connections
to Success Act of 2010 (AB 12).
ABSTRACT
Existing Law
1.Establishes the California Fostering Connections to
Success Act (AB 12), which corresponds with the federal
Fostering Connections to Success Act that optionally
permitted states to receive federal financial
participation for nonminor dependents of the juvenile
court who satisfy certain conditions.
2.Defines "nonminor dependent" as a current or former
foster youth who is between the ages of 18 and 21, is in
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foster care under responsibility of the county welfare
department, county probation department, or Indian Tribe,
and is participating in a transitional independent living
plan. (WIC 11400 (v))
3.Limits eligibility for extended foster care under Kin-GAP
to placements made with a relative, as defined, and
excludes non-relative extended family placements from
eligibility for extended foster care under Kin-GAP.
4.Provides for the voluntary continuation or reentry into
foster care for nonminor dependents who meet general AFDC
foster care requirements and when the nonminor youth has
signed a voluntary mutual agreement and meets one or more
of the following requirements:
i. The nonminor is completing a high school
education or a program leading to an equivalent
credential;
ii. The nonminor is enrolled in postsecondary or
vocational education program;
iii. The nonminor is participating in a program or
activity designed to promote, or remove barriers to,
employment;
iv. The nonminor is employed at least 80 hours per
month;
v. The nonminor is incapable of doing any of these
activities due to a medical condition and the
incapacity is supported by regularly updated
information in the case plan of the nonminor
dependent. (WIC 11403 (b))
5.Phases in the effective date of eligibility for nonminor
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dependents as follows:
i. Effective January 1, 2012 includes youth who
turned 18 years of age while under an order of
foster care placement by the juvenile court and are
younger than 19;
ii. Effective January 1, 2013 incudes includes
youth who turned 18 years of age while under an
order of foster care placement by the juvenile court
and are younger than 20 years of age;
iii. Effective January 1, 2014 includes youth who
turned 18 years of age while under an order of
foster care placement by the juvenile court and are
younger than 21 years of age. (WIC 11400 (v))
6.Defines "mutual agreement" as a written voluntary
agreement of consent for continued placement and care in
a supervised setting between a minor or a nonminor
dependent and the placing agency, that documents a
nonminor's willingness to remain in supervised
out-of-home placement and documents the social worker's
or probation officer's agreement to work together to
facilitate implementation of the mutually developed
supervised placement agreement and transitional
independent living case plan. (WIC 11400 (u))
7.Defines a "nonrelative extended family member" as any
adult caregiver who has an established familial or
mentoring relationship with the child as verified by the
county welfare department through interviews with the
child's community.
8.Provides for the licensure by the Department of Social
Services of community care facilities participating in
transitional housing placement programs for foster youth
age 16-18 years of age who are participating in an
independent living program. (HSC 1502, 1559.110)
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9.Excludes from licensure any supervised independent living
setting for nonminor dependents and "Transitional Housing
Placement Plus Foster Care" (THP-Plus FC) settings for
nonminor dependents, as specified. (HSC 1505)
10.Provides for the certification by counties of
transitional housing placement programs serving
emancipated foster youth who are between ages 18-21, and
for the certification by counties of THP-Plus FC
providers serving nonminor dependents. (HSC 1559.110)
This bill
1.Provides that a nonminor dependent parent, whose minor
child resides in the same licensed or approved facility
pursuant to the Act, shall not be considered a parent for
purposes of referral to the local child support agency
for collection or enforcement of child support.
2.Adds "Transitional Housing Placement Plus Foster Care"
(THP-Plus FC) to the list of community care facilities
that are licensed by the Department of Social Services.
3.Defines THP-Plus FC as a placement that offers supervised
housing opportunities and supportive services to eligible
nonminor dependents, as defined, who are in out-of-home
placement under the care of a county child welfare
department or a county probation department or Indian
tribe, as specified.
4.Removes THP-Plus FC from the list of license exempt
facilities and removes existing regulatory requirements
under WIC code.
5.Permits DSS to develop an application fee process for
THP-Plus FC programs that is similar to the fee schedule
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developed for other community care facilities.
6.Repeals, as of January 1, 2013, the authority granted to
county child welfare departments to receive a Child Abuse
Central Index (CACI) report for the purposes of approving
THP-Plus FC providers, which under this bill will be
licensed by DSS and no longer approved by counties.
7.Clarifies county residency determinations for nonminor
dependents to provide for inter-county transfers, as
specified.
8.Clarifies that Court Appointed Special Advocates (CASA)
may continue to serve nonminor dependents and that in
serving a nonminor dependent a CASA may only access
specified personal records with the consent of the
nonminor dependent.
9.Clarifies that notice of permanent placement plan review
hearings held pursuant to WIC Section 366.3 and
termination of jurisdiction hearings pursuant to WIC
Section 391 shall be provided to a nonminor dependent, to
the known siblings of a nonminor dependent, and the
current caregiver of a nonminor dependent.
10.Provides that a court clerk shall provide a nonminor
dependent and their attorney with a copy of written
information that has been submitted to the court by a
caregiver or a notified party.
11.Clarifies that provisions retaining legal adult
decision-making authority for a nonminor dependent in
extended foster care do not apply to a nonminor dependent
who is incapable of making an informed agreement.
12.Provides that a nonminor dependent who is under a foster
care placement order and who remains under delinquency
jurisdiction in order to complete his or her
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rehabilitative goals is not required to complete the
mutual agreement provided for in the Act, and that his or
her adult decision making authority may be limited by the
conditions of his or her probation case plan.
13.Permits a guardian ad litem to continue their
representation as legal counsel of a nonminor dependent
or a parent and provides that counsel for a nonminor
dependent is charged with representing the "wishes" as
opposed to the "interests" of the nonminor dependent.
Additionally permits a court to appoint a guardian ad
litem for a nonminor dependent who is not competent to
direct counsel.
14.Permits a court to appoint a developmental services
decisionmaker for a nonminor dependent, as specified, if
it is found to be in his or her best interests.
15.Conforms the definition of relative caregiver to recent
federal guidance expanding eligibility for federal
Kinship Guardianship Assistance Payment (Kin-GAP) to
include certain non-related extended family members who
commit to guardianship and provides that a negotiated
agreement must be agreed to by the caregiver and executed
prior to the hearing.
16.Provides that court-ordered reunification services may
continue for a nonminor dependent, as specified, provided
that all parties agree that family reunification is in
the best interests of the nonminor dependent and it is
likely that he or she will be returned home.
17.Clarifies that a hearing pursuant to WIC Section 366.26
may be ordered when the nonminor dependent is an Indian
child and tribal customary adoption is recommended as the
permanent plan.
18.Provides for a court ordered adoption of a nonminor
dependent at the request of the nonminor dependent who
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has an established relationship with an adult determined
to be the nonminor dependents permanent connection.
19.Provides that a hearing to resume dependency
jurisdiction or transition jurisdiction for a nonminor
dependent shall be completed no later than 120 days after
the date the petition was filed, and provides that the
agency made responsible for the nonminor's placement
shall prepare a new transitional independent living case
plan within 60 days from the date the voluntary reentry
agreement was signed.
20.Provides that a nonminor dependent who turns 19 prior to
January 1, 2013 may continue to receive aid under the
Act.
21.Provides that a nonminor dependent child may receive aid
in another state, if placed in the approved home of a
relative who resides in another state.
22.Clarifies that a nonminor dependent parent, who is a
recipient of foster care, is not eligible for CalWORKS
benefits.
23.Provides that the extension of Kin-Gap benefits for
nonminor former dependents aged 20-21 shall be contingent
on an appropriation by the legislature.
24.Clarifies that eligibility for federally funded Kin-Gap
is contingent upon the execution of the negotiated
agreement (see number 15 above) between the responsible
agency and the relative guardian.
25.Provides that a nonminor dependent must consent to the
inclusion of health and education summaries in the court
report, and provides that the caregiver of a nonminor
dependent is not responsible for obtaining and
maintaining these records, but may assist the nonminor
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dependent with record keeping, if requested.
26.Clarifies that Private Adoption Agency Reimbursement
Program funds shall be available to assist in the
completion of the adoption of a nonminor dependent, as
specified.
27.Provides that a county foster care public health nurse
shall assist a nonminor dependent in accessing or
coordinating the health and mental health care of the
nonminor dependent at his or her request.
28.Provides that family reunification services and wrap
around services may be provided to a nonminor dependent,
pursuant to the Act.
29.Provides that personal records for a nonminor dependent
shall only be made available to a multidisciplinary
personnel team with the consent of the nonminor
dependent.
30.Permits DSS to implement regulations through all-county
letters as specified.
31.Includes an urgency clause in order to permit the
transfer of the THP Plus FC program to DSS, Community
Care Licensing Division as soon as possible for
implementation.
FISCAL IMPACT
The Assembly Appropriations Committee states:
1.Administrative and grant costs for removing the phase-in
for 19 year olds will be between $13 million-$20 million
($9 million-$14 million GF) in 2012-13 and $5 million
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($3 million GF) in 2013-14.
2.GF savings of over $1 million in 2012-13, growing to over
$15 million by 2016-17 due to the increased federal
financial participation associated with expanding
eligibility for Kin GAP to include non-related extended
family members, as defined.
3.Up to $200,000 ($68,000 GF) per year in administrative
savings in the child welfare program for every 25
non-minor dependents who leave the child welfare system
through adult adoption or tribal customary adoption.
BACKGROUND AND DISCUSSION
Purpose of the bill
The author states that AB 1712 is a technical clean-up
measure to AB 12 and AB 212 and that despite two years of
work by nine sponsoring organizations and two authors,
technical and clarifying changes are necessary in order to
implement it correctly. The author further states that
this bill reflects a continued collaboration between the
nine sponsor organizations that worked on the prior bills.
California Fostering Connections to Success Act of 2010
The California Fostering Connections to Success Act of 2010
(Beall and Bass, Chapter 559, Statutes of 2010) established
a statutory framework for foster youth who reach the age of
emancipation and who meet certain requirements to
voluntarily remain in foster care placement up to age 21.
This legislation corresponds with the federal Fostering
Connections Act, which provided the option for states to
receive federal financial participation under
kinship-guardianship benefits and/or foster care for
eligible nonminor dependents.
Implementation of this Act required significant changes to
the overall body of law relating to the child welfare
system and required subsequent major clean up legislation
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through AB 212 (Beall, Chapter 459, Statutes of 2011). The
first provisions of this law have now taken effect and
counties and the courts have identified many practical
implementation issues that are addressed in this bill.
Additionally, federal law and guidance pursuant to extended
foster care continues to develop, requiring changes to
state statutes. Most of the changes made in this bill are
technical or clarifying of existing practice, however some
significant policy issues are addressed in the bill.
Transfer of Regulatory Authority
Federal law requires that non-minor dependent youth in
extended foster care live in a licensed or approved
placement which includes any of the following:
An approved home of a relative or non-related
extended family member, licensed foster family home,
foster family agency certified home, small family
home, or home of a non-related legal guardian;
Group home placement (only if necessary due to
special needs, as defined);
THP - Plus Foster Care;
Supervised Independent Living Setting such as:
o An apartment
o Room and board arrangements
o College dorms
o Shared room-mate
AB 12 currently provides for counties to approve THP Plus
FC programs. However, counties, while experienced in
approving residential placements, generally do not have the
experience or infrastructure to license community care
facilities, which are licensed by DSS. Following extended
conversations seeking to establish a county-based
regulatory structure that meets federal requirements, it
was determined by the author and supporters that counties
would be unable to manage the ongoing workload related to
monitoring, investigating complaints, developing and
monitoring corrective action plans, revoking programs and
performing needed fiscal audits. Additionally, programs
may operate in multiple counties, and it was unclear which
county would have regulatory responsibility. This bill
moves licensing functions for THP Plus FC programs to DSS.
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Eligibility Phase-in and Gap
Pursuant to federal law, extended benefits under this Act
are available to youth who reach age 18 while under an
order of foster care placement, and who entered foster care
at age 16 or older. Federal law permits states to extend
eligibility up to age 21; however, AB 12 implemented
extended foster care under a phased-in eligibility
structure such that effective January 1, 2012 eligibility
was extended to youth aged 18 and; effective January 1,
2013 eligibility will be extended to youth who are younger
than 20; and effective January 1, 2014 eligibility is
extended to youth who are younger than 21 years of age.
Under this phased-in structure, 18 year olds who are
eligible in 2012 but turn 19 prior to the beginning of
eligibility for that age, lose eligibility for the
remainder of the year following their birthday. This
cohort of nonminor dependents is thus bounced in and out of
eligibility until they emancipate from the program at the
age of 21. This bill provides that nonminor dependents age
19 will remain eligible for services throughout the year
provided they continue to meet all other eligibility
requirements. However in the following year this cohort of
youth will face a gap in eligibility. This bill does not
address the later gap issue.
Expanded definition of "Relative caregiver"
Recent guidance from the Federal government provided for an
expanded definition of "relative caregiver" which includes
non-relative extended family members as eligible placements
for extended foster care in the Kin GAP program.
California law provides for foster care placements with a
non-relative extended family member, which is defined as
any adult caregiver who has an established familial or
mentoring relationship with the child. Initially, federal
law did not include these placements with regard to
eligibility under extended foster care, however new
guidance expands the definition of "relative caregiver" to
include these placements. This bill conforms to the new
federal guidance. This enables the state to shift more
kinship-guardianship cases from state-only funding to the
federal program.
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Adult Adoption
Recent federal guidance provided the opportunity for the
adoption of nonminor dependents and for nonminor dependents
to receive Adoption Assistance Payments under extended
foster care, as long as they meet participation
requirements. These changes were implemented because it was
observed that the absence of this option deprived older
youth from a valuable placement type and produced a
disincentive for adoption of older youth. Despite this
change, AAP eligibility under extended foster is restricted
to youth who are adopted following 16 years of age, which
may create a disincentive for younger youth to be adopted
since they will lose the additional 3 years of extended
foster care unless federal law subsequently changes.
Additionally, new guidance clarifies that Private Adoption
Agency Reimbursement Program payments (PARPP) are allowable
for nonminor dependents who are adopted as adults, this
bill conforms to that federal action.
Inter-county Transfers
This bill establishes provisions for inter-county transfers
of nonminor dependents. Under this bill, if the nonminor
dependent has had a continuous physical presence in a new
county for more than one year or, if a nonminor dependent
reenters foster care through petition in a new county and
has lived in that county for more than one year, the new
county may be deemed the county of residence.
Preservation of legal decision making rights
This bill enacts important provisions which preserve the
legal decision making rights of nonminor dependents who,
despite their continued status as a dependent of the court,
are legally adults. For example, this bill clarifies that
legal counsel assigned to nonminor dependents shall
represent the "wishes" as opposed to the "interests" of
their client. Additionally, this bill provides that
certain personal, educational, and medical information
shall only be made available to other parties if the
nonminor dependent consents.
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Urgency clause
The author states that an urgency clause is necessary so
that the transfer of regulatory authority between counties
and DSS can be implemented as soon as possible.
Comments
This bill amends code sections that are amended in several
other bills moving through the legislature and chaptering
out amendments are likely to be needed.
Related/Prior Legislation
AB 212 (Beall, Chapter 459, Statutes of 2011) - Made
technical and clarifying changes to the California
Fostering Connections to Success Act (AB 12).
AB 12 (Beall and Bass, Chapter 559, Statutes of 2010) -
Established the California Fostering Connections to Success
Act (AB 12), which extends transitional foster care
services to eligible youth between 18 and 21 years of age.
AB 427 (Hertzberg, Chapter 125, Statutes of 2001) -
Extended the scope of the class of children who may be
provided transitional housing.
AB 2774 (Committee on Human Services, Chapter 873, Statutes
of 1998) - Extended implementation of the transitional
housing placement program from a three county pilot to all
counties.
AB 1198 (Bates, Chapter 799, Statues of 1993) - Created the
Transitional Housing Placement Program (THPP) for foster
youth 17 years of age or older and in their last year of
high school.
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PRIOR VOTES
Assembly Floor: 76 - 0
Assembly Appropriations:12 - 0
Assembly Human Services:5 - 0
POSITIONS
Support: California Alliance of Child and family Services
(co-sponsor)
County Welfare Directors Association of
California (co-sponsor)
American Federation of State, County and
Municipal Employees (Prior Version)
Aspiranet
California Academy of Child & Adolescent
Psychiatry (Prior Version)
California Coalition for Youth
California State Association of Counties
County of San Bernardino
Family Law Section of the State Bar (Prior
Version)
Judicial Council of California
Junior Leagues of California State Public Affairs
Committee
National Association of Social Workers
Regional Council of Rural Counties (Prior
Version)
Santa Clara County Board of Supervisors
Oppose: None received
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