BILL ANALYSIS �
AB 1712
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1712 (Beall)
As Amended August 24, 2012
Majority vote
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|ASSEMBLY: |76-0 |(May 30, 2012) |SENATE: |35-0 |(August 29, |
| | | | | |2012) |
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Original Committee Reference: HUM. S.
SUMMARY : Makes various technical and clarifying changes to the
California Fostering Connections to Success Act of 2010 (AB 12).
Specifically, this bill:
1)Makes the nonminor dependents or youth participating in AB 12
(Beall and Bass), Chapter 559, Statutes of 2010, eligible for
the court-appointed special advocate (CASA) program so that
volunteer CASAs can provide designated services and support to
youth under the jurisdiction of the juvenile court.
2)Exempts a parenting youth from referral by the county child
welfare department to the local child support agency for the
payment of child support while in foster care.
3)Clarifies that the social worker or probation officer should
give notice of review hearings in dependency proceedings to
nonminor dependents and any known siblings.
4)Authorizes the caregiver of the nonminor dependent to attend
the hearings and to submit relevant written information for
filing and distribution to the parties.
5)Clarifies provisions relating to youth and competency
regarding participation in AB 12.
6)Clarifies the definition of the county of residence of a
nonminor dependent.
7)Clarifies that the youth has federal Health Insurance
Portability and Accountability Act of 1996 (HIPAA) privacy
rights regarding his or her health information and privacy
rights regarding educational records and that relevant
information may be included only with the consent of the
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youth.
8)Clarifies that a youth who is an Indian child is eligible for
tribal customary adoption and allows for adoption to be
ordered as the youth's permanent plan and for the termination
of jurisdiction ordered once the adoption order is complete
and filed with the juvenile court.
The Senate amendments :
1)Clarify and strengthen the option of adult adoption and tribal
customary adoption.
2)Clarify the availability of Adoption Assistance Program (AAP)
benefits.
3)Conform to federal law regarding the payment of nonrecurring
expenses for AAP placement, and the availability of Private
Adoption Agency Reimbursement Program (PAARP) funds to assist
in the completion of adoptions.
4)Expand the definition of "relative" for purposes of both the
federal- and age extended state-funded Kin-GAP programs to
include guardians who are non-related extended family members,
tribal kin, or current caregivers of foster children, as
specified.
5)Provide for the continuation of family reunification (FR)
services subject to specified conditions.
6)Clarify the duties of foster care public health nurses (PHNs)
to include assisting nonminor dependents in accessing health
and mental health care, coordinating the delivery of services,
and advocating for the care that meets the needs of the
nonminor dependent pursuant to federal requirements.
7)Delete the urgency from the bill.
8)Include provisions to resolve chaptering conflicts with SB
1064 (De Le�n), SB 1521 (Liu), AB 1707 (Ammiano), AB 1909
(Ammiano), AB 2060 (Bonilla), AB 2209 (Hueso), AB 2292
(Nielsen) and also incorporate existing law pursuant to SB
1013 (Senate Budget and Fiscal Review Committee), Chapter 35,
Statutes of 2012, and SB 1425 (Negrete McLeod), Chapter 189,
Statutes of 2012, both of which took immediate effect.
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EXISTING LAW :
1)Establishes the California Fostering Connections to Success
Act of 2010 (AB 12) which, among other provisions:
a) Provides a voluntary program for youth who meet
specified work and education participation criteria for the
extension of transitional foster care to eligible youth up
to age 19 in 2012, age 20 in 2013 and age 21 in 2014.
b) Conforms to federal revisions to the Kin-GAP program in
order to allow for federal financial participation in the
program.
2)Defines a "nonminor dependent" as, on or after January 1,
2012, 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
Indian Tribe and is participating in a transitional
independent living plan.
3)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 Aid to Families
with Dependent Children - Foster Care (AFDC-FC) benefits, has
signed a mutual agreement, and when one or more of the
following conditions exist:
a) The nonminor is working toward their high school
education or an equivalent credential;
b) The nonminor is enrolled in a postsecondary institution
or vocational education program;
c) The nonminor is participating in a program or activity
designed to promote, or remove barriers to employment;
d) The nonminor is employed for at least 80 hours per
month; or,
e) The nonminor is incapable of doing any of the activities
described in a) through d) above, due to a medical
condition, and that incapability is supported by regularly
updated information in the case plan of the nonminor.
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AS PASSED BY THE ASSEMBLY this bill:
1)Made the nonminor dependents or youth participating in AB 12,
eligible for CASA program so that volunteer CASAs can provide
designated services and support to youth under the
jurisdiction of the juvenile court.
2)Allowed 18 year-olds currently receiving extended AB 12 foster
youth services who turn 19 in the current calendar year to
continue to receive those services.
3)Exempted a parenting youth from referral by the county child
welfare department to the local child support agency for the
payment of child support while in foster care.
4)Clarified that the social worker or probation officer should
give notice of review hearings in dependency proceedings to
nonminor dependents and any known siblings.
5)Included 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.
6)Transferred the approval of THP-Plus FC providers serving
nonminor dependents from the counties to the State Department
of Social Services (DSS).
7)Declared this an urgency measure to take effect immediately
upon signature of the Governor.
FISCAL EFFECT : According to the Senate Appropriations
Committee:
Increased federal funding of approximately $1 million in
2012-13, assuming an October 1, 2012 effective date, increasing
to over $12.5 million by 2016-17, due to the expanded definition
of "relative", thereby increasing eligibility for the federal
Kin-GAP program. A higher level of county cost savings (within
the realigned Local Revenue Fund 2011(LRF)) is assumed, as
nonrelated legal guardianships would have otherwise been
supported by realigned Foster Care funding for assistance and
administrative costs at greater cost.
Additionally, counties will realize ongoing significant county
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child welfare services (CWS) administrative cost savings for
case management services potentially in the millions of dollars
in realigned funding for cases transferred to both federal
Kin-GAP and the extended benefit program for nonrelated legal
guardianships for nonminors. Increased local costs (LRF) for
the extension and expansion of services to nonminor dependents,
including FR and supportive transition services, AAP benefits,
nonrecurring adoption expenses, PAARP payments for nonminor
dependents, and expanded duties on PHNs.
COMMENTS :
California Fostering Connections to Success Act of 2010 : AB 12
(Beall and Bass) Chapter 559, Statutes of 2010, was a landmark
piece of child welfare legislation in California opting the
state into two provisions of the federal Fostering Connections
to Success and Increasing Adoptions Act of 2008 (Fostering
Connections Act) (P.L. 110-351). Specifically, AB 12:
1)Re-enacted California's existing state and county-funded
Kin-GAP program to align it with new federal requirements and
allow the state to bring federal financial participation into
our kinship guardian assistance program for the first time;
and,
2)Provides transitional foster care support to qualifying foster
youth ages 18 to 21, phased-in over three years, beginning in
2012.
The goal of AB 12 is to assist foster youth, or "nonminor
dependents" as they are referred to in statute, in their
transition to adulthood by providing them with the opportunity
to create a case plan alongside their case worker tailored to
their individual needs, which charts the course towards
independence through incremental levels of responsibility. It
is a voluntary program grounded in evidence of how the option of
continued support to age 21 can counter the dismal outcomes
faced by youth who are forced to leave the foster care system at
age 18, including high rates of homelessness, incarceration,
reliance on public assistance, teen pregnancy, and low rates of
high school and postsecondary graduation.
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In order to be eligible to continue foster care benefits up to
age 21, a nonminor dependent youth must: continue under the
jurisdiction of the juvenile court; sign a mutual agreement
which commits both the nonminor and the placing agency to
certain responsibilities; reside in an approved, supervised
placement; work alongside their caseworker to prepare and
participate in their transitional independent living case plan;
and have their status reviewed every six months.
Need for this bill : According to the author, as AB 12 and its
follow-up measure AB 212 (Beall), Chapter 459, Statutes of 2011,
have been reviewed and assessed for implementation by various
stakeholders following enactment, requests for needed clarifying
and technical changes have emerged. As implementation has
commenced and additional federal guidance has been received, the
need for subsequent legislation has become clear and thus the
need for this bill.
Support : The California Coalition for Youth writes that about
"80,000-95,000 homeless youth are currently living on the
streets of California and about 60% of youth being served are
either self-emancipating from a foster home or have been prior
to this year aging out of the foster care system at eighteen
without shelter. The bill will treat the THP-Plus Foster Care
program as the State treats other residential care facilities
and will promote consistency across the state for providers,
without having each county potentially develop different
requirements."
The County Welfare Directors Association (CWDA) writes that
"�e]nsuring that AB 12 is properly implemented and that the
affected youth have an opportunity to succeed in life is high on
the list of priorities for our organization's membership. For
these reasons CWDA is pleased to be a CO-SPONSOR" of AB 1712."
Aspiranet writes that this bill "provides clarification over
inter-county transfers, allowance for adult adoptions of
nonminor dependents, their rights to their records and other
issues that have arisen as the state implements the extension of
foster care. Most foster youth leaving the system do not have a
good support system that would prevent them from becoming
homeless or entering the criminal justice system, which further
costs the state. We need to give them the best opportunity to
succeed."
AB 1712
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Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Chris Reefe / HUM. S. / (916) 319-2089
FN: 0005822