BILL ANALYSIS �
SENATE JUDICIARY COMMITTEE
Senator Noreen Evans, Chair
2013-2014 Regular Session
AB 787 (Stone)
As Amended June 14, 2013
Hearing Date: June 25, 2013
Fiscal: Yes
Urgency: No
NR
SUBJECT
Foster care
DESCRIPTION
This bill 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:
clarify that former nonminor dependents (NMD) who reached
permanency, but whose guardian, relative, or adoptive parent
died before their 21st birthday, may re-enter extended foster
care;
authorize probation officers to place NMDs in approved
transitional placements;
add the existing definition of "transition dependent" to the
relevant code section which determines recipients of Aid to
Families with Dependent Children Foster Care (AFDC-FC);
clarify how the court may terminate jurisdiction over a NMD,
but still retain the ability to monitor them as a nonminor;
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
for these young adults are sobering. Studies have shown that
(more)
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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. Last year AB
1712 (Beall, Chapter 846, Statutes of 2012), further clarified
specific issues related to that implementation. This bill will
continue the Legislature's efforts to ensure the Act is properly
implemented, by making technical and clarifying changes.
CHANGES TO EXISTING LAW
Existing law , the California Fostering Connections to Success
Act (Act), is a voluntary program for youth who meet specified
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work and education participation criteria. The Act provides,
among other things, for the extension of transitional foster
care benefits to eligible youth up to age 21, as specified. (AB
12 (Beall), Chapter 559, Statutes of 2010.)
Existing law provides for the voluntary continuation or reentry
into foster care for nonminor dependents who meet general Aid to
Families with Dependent Children-Foster Care (AFDC-FC)
requirements, and when the nonminor youth has signed a voluntary
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 provides that nonminor former dependents are not
eligible for re-entry into extended foster care as nonminor
dependents of the juvenile court. (Welf. & Inst. Code Sec.
11403.)
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.
(Welf. & Inst. Code Sec. 11400.)
Existing law defines "nonminor former dependent or ward" as
either:
a nonminor who reached 18 years of age while subject to an
order for foster care placement, for whom dependency,
delinquency, or transition jurisdiction has been terminated,
and who is still under the general jurisdiction of the court;
or
a nonminor who is over 18 years of age and, while a minor, was
a dependent child or ward of the juvenile court when the
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guardianship was established, as specified, and the juvenile
court dependency or wardship was dismissed following the
establishment of the guardianship. (Welf. & Inst. Code Sec.
11400 (aa).)
Existing law defines a "transition dependent" as a minor who is
between 17 years and five months and 18 years of age, who is in
foster care, and subject to the court's transition jurisdiction.
(Welf. & Inst. Code Sec. 450.)
This bill would clarify that former NMDs, under the age of 21,
who reached permanency but whose guardian, relative, or adoptive
parent died before the dependent reaches age 21, may reenter
into extended foster care if eligible under the Act.
This bill would allow a probation officer to place a NMD in any
of the following:
the approved home of a relative or nonrelative extended family
member;
a suitable licensed community care facility; or
with a foster family agency to be placed in a licensed foster
family home or certified family home.
This bill would allow transition dependents to receive aid under
AFDC-FC by adding the existing definition of "transition
dependent" to the list of qualifying individuals.
This bill would exempt a nonrelated legal guardian and county
responsible for the care of a nonminor whose nonrelated legal
guardianship was ordered in Probate Court, from case management
requirements applicable to AFDC-FC nonrelated legal
guardianship.
This bill would make additional technical and clarifying changes
in implementing the Fostering Connections to Success Act.
COMMENT
1.Stated need for the bill
According to the author:
In 2010 the state adopted AB 12 (Beall/Bass), which opted
California into two provisions of the federal Fostering
Connections to Success and Increasing Adoptions Act of 2008
(Public Law 110-351). This landmark child welfare legislation
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was substantial, amounting to 207 pages at the time of
adoption.
Due to the complexity and fundamental improvements this act
made to the state's welfare system, follow up legislation has
been needed since its adoption to help ensure its successful
implementation. Since its passage, the Legislature has passed
and the state has adopted two successive measures to this
effect; AB 212 (Beall) from 2011 and AB 1712 (Beall) from
2012. Like its predecessors, AB 787 will continue the
Legislature's efforts to ensure that California's child
welfare system can continue to enhance and provide necessary
and integral support services to foster youth.
2.Transitional placements for nonminor dependents who are wards
of the court
Existing law allows nonminor dependents (NMDs) to be placed in
specified transitional housing in order to provide them with
supportive services as they transition into independent living.
Probation foster youth who turn 18 while serving their probation
are also eligible for extended foster care, but existing law did
not expressly provide that they may be placed in transitional
housing. The author argues that this has led to some
"challenges probation officers face in finding appropriate
placements for probation foster youth who have turned 18 while
still serving out their probation."
Accordingly, this bill would add appropriate references to
"nonminors" in existing sections under which probation officers
have placement authority over wards. In support of this bill,
the California Alliance for Child and Family Services writes,
"We strongly support the provisions in AB 787 to ensure smooth
transitions for foster youth who choose to remain in foster care
after they turn 18. Of specific interest to the California
Alliance of Child and Family Services, this bill will allow
probation officers to place non-minor dependents into foster
care placements such as foster families and transitional
housing; and will allow non-minor dependents who were adopted or
placed in guardianships and whose parent or guardian dies before
the youth is 21, to re-enter extended foster care as long as
they continue to meet the eligibility requirements for care."
3.Clarifying reentry for former nonminor dependents who achieved
permanency
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Under existing law, the court may resume jurisdiction of a
former minor dependent or ward if a parent, guardian, or
adoptive parent with whom the youth reached permanency has
passed away. In these cases the county may petition the court
to resume jurisdiction so that the child may continue receiving
the benefits and support of the foster system. Additionally, a
foster youth who turn 18 years of age while in foster care, but
who does not sign an extended foster care agreement, or who
leaves foster care voluntarily, is eligible to return to
extended foster care until 21 years of age.
Similar provisions were inadvertently left out of the Fostering
Connections to Success Act for former NMDs, or foster youth who
achieved permanency with a guardian or adoptive parent who died
before the youth turned 21 years of age. This has resulted in
some former NMDs being left without a parent or guardian, and
without the ability to reenter into foster care. This bill
would remedy that situation by allowing former NMDs to reenter
extended foster care if their guardian or adoptive parent dies
before the youth turns 21 years of age.
4.Allows transition dependents to receive appropriate aid
Existing law provides that a ward who is older than 17 years and
5 months of age and younger than 18 years of age and in foster
care placement, as specified, is within the transition
jurisdiction of the juvenile court. These youths are referred
to as "transition dependents." However, the relevant section of
the Welfare & Institutions Code, which establishes what
individuals are eligible for Aid to Families with Dependent
Children - Foster Care (AFDC-FC), makes no mention of transition
dependents.
This bill would add the definition of transition dependent to
the AFCD-FC to ensure that these youths, who are subject to the
court's jurisdiction, are not denied aid.
Support : Alliance for Children's Rights; Aspira Net; Children's
Law Center of California; California Coalition for Youth;
California Police Chiefs Association; Judicial Council of
California
Opposition : None Known
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HISTORY
Source : California Alliance of Child and Family Services;
California Welfare Directors Association
Related Pending Legislation : AB 985 (Cooley) would extend state
Kin-GAP benefits from age 18 to age 21 for former nonminor
dependents who were placed with relative guardians prior to the
age of 16. This bill is set for hearing in Senate Human Services
on June 25, 2013.
Prior Legislation :
AB 12 (Beall and Bass, Chapter 559, Statutes of 2010)
established the California Fostering Connections to Success Act,
which extended transitional foster care services to eligible
youth between ages 18 and 21 and required California to seek
federal financial participation for Kin-GAP.
AB 212 (Beall, Chapter 459, Statutes of 2011) made technical and
clarifying changes to the California Fostering Connections to
Success Act.
AB 1712 (Beall, Chapter 846, Statutes of 2012) made technical
and clarifying changes to the California Fostering Connections
to Success Act.
Prior Vote :
Senate Human Services Committee (Ayes 6, Noes 0)
Assembly Floor (Ayes 70, Noes 0)
Assembly Appropriations Committee (Ayes 17, Noes 0)
Assembly Judiciary Committee (Ayes 10, Noes 0)
Assembly Human Services Committee (Ayes 7, Noes 0)
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