BILL ANALYSIS �
SENATE JUDICIARY COMMITTEE
Senator Noreen Evans, Chair
2011-2012 Regular Session
AB 1712 (Beall)
As Amended June 21, 2012
Hearing Date: July 3, 2012
Fiscal: Yes
Urgency: Yes
NR
SUBJECT
Minors and Nonminor Dependents: Out-of-Home Placement
DESCRIPTION
This bill, sponsored by a coalition of stakeholders, would make
clarifying and technical changes to the California Fostering
Connections to Success Act (Act) to ensure the continued
implementation of the Act. Specifically, this bill would:
make nonminor dependents eligible for the Court Appointed
Special Advocates program (CASA);
exempt a parenting youth from the payment of child support
while in foster care;
include Transitional Housing Program Plus - Foster Care
(THP-Plus FC) within the definition of a community care
facility for purposes of the Community Care Facilities Act;
transfer the approval of THP-Plus FC providers from the
counties to the State Department of Social Services (DSS);
conform definition of "relative caregiver" to recent federal
guidance in order to access further federal matching dollars
for new entries into the Kinship Guardianship Assistance
Payment Program (Kin GAP); and
make other clarifying and technical changes.
BACKGROUND
Each year in California, about 5,000 youth emancipate from
foster care, which is by far the largest number of any state in
the union. Over the past ten years, according to data from the
state's Child Welfare Services/Case Management System, about
52,000 Californians have emancipated from foster care (from
3,974 in 1998-99 to 5,387 in 2008-09). The immediate outcomes
(more)
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for these young adults are sobering. Studies have shown that
former foster youth, when compared to other young adults of the
same age and race, are less likely to complete high school,
attend college, or be employed. They are also at a higher risk
for becoming homeless and arrested or incarcerated. (See Foster
Care in California, Public Policy Institute of California,
2010.)
In 1998, California established the Kinship Guardianship
Assistance Payment program (the Kin-GAP program) to provide
financial assistance for children who, after being adjudged
dependent children of the juvenile court, are placed in legal
guardianship with a relative. (SB 1901, McPherson, Chapter
1055, Statutes of 1998.) The bill was the result of a study
that concluded that most relative caregivers have strong
commitments to the children in their care, but are averse to
adoption because it requires the termination of the parental
rights of one of their family members. Moreover, while most
relative caregivers supported permanency planning for a child,
many did not pursue legal guardianship for fear of losing the
needed financial support they obtained under the foster care
system.
In October 2008, the federal government enacted the Fostering
Connections to Success and Increasing Adoptions Act (Public Law
110-351) which offers states the opportunity to opt-in to new
federal funding streams if they choose to provide
kinship-guardianship benefits to relative guardians or provide
foster care to 18 to 21-year-old youth. AB 12 (Beall and Bass,
Chapter 559, Statutes of 2010), the California Fostering
Connections to Success Act (Act), allowed California to collect
federal funds for a significant part of California's decade-old,
state-funded Kin-GAP program. AB 12 also authorized the
juvenile courts to exercise jurisdiction over and extend foster
benefits to nonminor dependents between the ages of 18 to 21 if
they meet the specified criteria. One year later, the
Legislature enacted AB 212 (Beall, Chapter 459, Statutes of
2011) to aid in the implementation of the Act. This bill would
further clarify specific issues related to that implementation.
CHANGES TO EXISTING LAW
Existing law , the California Fostering Connections to Success
Act, is a voluntary program for youth who meet specified work
and education participation criteria. The Act provides, among
other things, for the extension of transitional foster care
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benefits to eligible youth up to age 21, as specified. (AB 12
(Beall), Chapter 559, Statutes of 2010.)
Existing law defines a "nonminor dependent" as a current or
former foster child between the ages of 18 and 21 who is in
foster care under the responsibility of the county welfare
department, county probation department, or an Indian tribe and
is participating in a transitional independent living plan.
Existing law defines a "period of trial independence," as a
period of no more than six months, unless authorized by the
juvenile court, during which the court may terminate and
subsequently resume jurisdiction and foster care benefits to an
otherwise eligible nonminor dependent. (Welf. & Inst. Code Sec.
11400.)
Existing law provides that a nonminor ages 18-21 shall continue
to receive foster care assistance under certain conditions,
including that the nonminor is otherwise eligible for AFDC-FC
benefits, has signed a mutual agreement, and one or more of the
following conditions exist:
the nonminor is working toward their high school education or
an equivalent credential;
the nonminor is enrolled in a postsecondary institution or
vocational education program;
The nonminor is participating in a program or activity
designed to promote or remove barriers to employment;
The nonminor is employed for at least 80 hours per month;
and/or,
The nonminor is incapable of doing any of the activities
described above, due to a medical condition, and that
incapability is supported by regularly updated information in
the case plan of the nonminor. (Welf. & Inst. Code Sec.
11403.)
Existing law , the California Community Care Facilities Act,
requires a placement agency to report to the appropriate
licensing agency any known or suspected incidents that would
jeopardize the health or safety of residents in a community care
facility including incidents of: (1) physical or sexual abuse;
(2) a violation of personal rights; (3) an unclean facility; (4)
a facility that has insufficient or incompetent personnel; (5)
residents experiencing mental or verbal abuse; or (6) residents
who are inadequately supervised. (Health & Saf. Code Sec.
1536.1.)
Existing law establishes the Court-Appointed Special Advocate
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(CASA) program and authorizes volunteers to serve as CASAs. A
CASA may be appointed by the court in dependency proceedings and
in actions to terminate parental rights. A CASA shall:
provide independent, factual information to the court;
represent the best interests of the children involved, and
consider the best interests of the family; and
at the request of the judge, monitor cases to which he or she
has been appointed to assure that the court's orders have been
fulfilled. (Welf. & Inst. Code Sec. 100 et seq.)
Existing law requires, in certain circumstances, parents of
foster children to make child support payments upon referral by
the county Child Welfare Department to the local child support
agency. Existing law authorizes the Child Welfare Department to
determine whether it is in the best interest of a parenting
dependent youth to refer the case to the local child support
agency. (Fam. Code Sec. 17552.)
This bill would provide that nonminor dependents participating
in the Fostering Connections to Success Act are eligible for the
CASA program.
This bill would provide that for the purposes of referral to the
local child support agency, a nonminor dependent is not a
considered a "parent" for the collection or enforcement of child
support.
This bill would include the Transitional Housing Program Plus -
Foster Care (THP-Plus FC) within the definition of a community
care facility for purposes of the Community Care Facilities Act,
and transfer the approval of these facilities to the Department
of Social Services (DSS). This bill would also authorize the
DSS to develop licensing standards through emergency
regulations.
This bill would provide that youth have privacy rights regarding
their health information and educational records, and this
information may only be disclosed with the consent of the youth.
This bill would make additional technical and clarifying changes
in implementing the Fostering Connections to Success Act.
COMMENT
1.Stated need for the bill
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According to the author:
With the adoption of both AB 12 in 2010 and AB 212 in 2011,
it has become clear that follow up legislation is needed to
provide corrective and technical fixes to extended foster
youth services for nonminor dependents. Specifically, AB 12
has been reviewed and assessed for implementation by various
stakeholders following enactment, and requests for needed
clarifying and technical changes have emerged. In 2011, AB
212, Chapter 459, Statutes of 2011, was considered, passed
and signed, to achieve necessary fixes to aid implementation.
As implementation has commenced, and additional federal
guidance has been received, the need for subsequent
legislation has become clear and thus this bill was
introduced in 2012.
The California Alliance of Child and Family Services, in support
of this bill, writes:
Each year, over 4,500 foster youth emancipate or "age out" of
the foster care system in California with no permanent
relationship of adult guidance. Subsequently, many of these
youth do not fare well as young adults, ending up homeless
and unemployed from day one. Only 50 percent ever complete
high school, only two percent go onto complete college, and
one in five of the young women will give birth within the
first year. As a group, they are more likely to become
incarcerated and abuse alcohol and drugs.
Compared with youth who exit foster care at age 18, young
adults who are permitted to remain in foster care are 200
percent more likely to complete high school; 300 percent more
likely to enroll in college; and are must more likely to
become employed, have better physical and mental health, and
have higher earnings.
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2.Transitional Housing Program Plus - Foster Care
This bill would include the Transitional Housing Program Plus
-Foster Care (THP-Plus FC) within the definition of the
Community Care Facilities Act thereby allowing the Department of
Social Services (DSS) to approve specific facilities. THP-Plus
FC is a transitional housing option for youths who have
emancipated from the child welfare or probation systems that
seek to provide safe living environments while helping these
youths develop life skills. The program provides supervised
transitional living housing and supportive services based on a
based on a transitional independent living plan, developed by
the young adult and a supervisor.
AB 12 (Beall and Bass, Chapter 559, Statutes of 2010) authorized
nonminor dependents to participate in the THP-Plus FC program,
thus extending foster benefits for qualifying youth placed in
these facilities. Because THP-Plus FC facilities are operated
by the county, AB 12 also required the county to review and
approve transitional housing providers. The author writes that
"subsequent to the enactment of AB 12 in 2010 and 212 in 2011,
it became clear that while the initial approval may be feasible
at the county level, the workload associated with the ongoing
monitoring, investigation of complaints, development, review of,
and monitoring of corrective action plans, program revocations,
and performing the related necessary fiscal audits was beyond
the capacity of the counties."
This bill seeks to resolve this problem by classifying THP-Plus
FCs as community care facilities, transferring approval
authority to the DSS, and authorizing the DSS to develop
licensing standards through emergency regulations. This bill
would include an urgency clause, so that these changes may be
enacted quickly, thereby ensuring these placements to be
available for nondependent minors.
The changes noted above would make THP-Plus FC providers subject
to the same background check generally applicable to community
care facilities, executed by DSS and the Community Care Facility
Department (CCFD). As a result, the approval process would be
arguably streamlined and the burden on the counties would be
reduced. In support, Asprianet writes, "AB 1712 will help the
state and foster youth, our most at-risk population, by treating
THP Plus Foster Care providers as we do other community care
facilities such as group homes and foster family homes. These
programs are all licensed under the DSS' Community Care
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Licensing Division and would ensure consistency in regulating
these programs across the state, without having each county
develop potentially different requirements."
3.Nonminor dependents' eligibility for the Court Appointed
Special Advocates Program (CASA)
CASA volunteers are appointed by judges to watch over and
advocate for abused and neglected children, and to make sure
they do not get lost in the legal and child welfare system or
languish in group or foster homes. Volunteers stay with each
case until it is closed, and the child is placed in a safe,
permanent home. For many abused children, a CASA volunteer is
the one constant adult presence in their lives. Independent
research has demonstrated that children with a CASA volunteer
are substantially less likely to spend time in long-term foster
care and less likely to reenter care. (See �visited June 25, 2012].)
This bill would provide that CASA volunteers may be appointed in
proceedings involving qualifying nonminor dependents. This
appears to be consistent with the ultimate goal of AB 12 and AB
212 to extend foster care benefits to eligible nonminor
dependents. Arguably, a CASA volunteer who has followed a
nonminor dependent throughout each foster care placement, may be
a trusted advisor who will be instrumental in the nonminor
dependent's transition into adulthood.
4.Parenting youths and the payment of child support
Upon a referral of a case from the Department of Child Welfare
Services to the local child support agency, existing law
authorizes the collection of child support from a parent when a
child is placed in foster care. However, when a dependent minor
and his or her child are simultaneously in foster care, the
Child Welfare Services is authorized to not refer the case to
the local child support agency if a nonreferral would be in the
best interest of the child. This bill would apply that
provision to qualifying foster youths aged 18-21 as well.
The intent of the Foster Connections to Success Act was to
extend foster benefits to youths who aged out of the dependency
system in order to aid them in their transition to adulthood.
Thus, the same considerations social workers take into account
in referring a case with a minor dependent parent to the local
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child support agency, should arguably be applied to nonminor
dependents who choose to remain in the system.
Support : American Federation of State, County and Municipal
Employees (AFSCME); Aspiranet; California Academy of Child &
Adolescent Psychiatry; California Alliance of Child and Family
Services; California Coalition for Youth; California State
Association of Counties; County of San Bernardino; Executive
Committee of the Family Law Section of the State Bar of
California (FLEXCOM); Junior Leagues of California; Laborers'
Locals 777 & 792; National Association of Social Workers,
California Chapter; Regional Council of Rural Counties; Santa
Clara Board of Supervisors
Opposition : None Known
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HISTORY
Source : California Alliance of Child and Family Services;
County Welfare Directors Association of California; Judicial
Council of California; Service Employees International Union
Related Pending Legislation : None Known
Prior Legislation :
AB 212 (Beall, Chapter 459, Statutes of 2011) See Background.
AB 12 (Beall and Bass, Chapter 559, Statutes of 2010) See
Background.
SB 1901 (McPherson, Chapter 1055, Statutes of 1998) established
California's subsidized relative guardianship program, Kin-GAP.
Prior Vote :
Senate Committee on Human Services (Ayes 5, Noes 0)
Assembly Floor (Ayes 76, Noes 0)
Assembly Committee on Appropriations (Ayes 12, Noes 0)
Assembly Committee on Human Services (Ayes 5, Noes 0)
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