BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Kevin de Le�n, Chair
AB 2573 (Stone) - Foster care: transition jurisdiction.
Amended: April 21, 2014 Policy Vote: Judiciary 6-0
Urgency: No Mandate: Yes
Hearing Date: August 4, 2014
Consultant: Jolie Onodera
This bill meets the criteria for referral to the Suspense File.
Bill Summary: AB 2573 would provide that the juvenile court may
assume or resume transition jurisdiction of a former nonminor
dependent (NMD) ward without consideration of whether the
rehabilitative goals of the NMD have been met.
Fiscal Impact: Ongoing increase in state costs in the range of
$78,000 to $103,000 (General Fund) per year for each NMD
provided extended FC benefits. To the extent two cases per year
resume transition jurisdiction under the extended FC program,
cumulative costs would range between $310,000 and $410,000
annually after two years, including grant and additional social
worker administrative costs.
Proposition 30 (November 2012) eliminated any potential mandate
funding liability for any new program or higher level of service
mandated on local agencies related to realigned programs,
including child welfare services and foster care. Rather,
legislation enacted after September 30, 2012, that has an
overall effect of increasing the costs already borne by a local
agency for programs or levels of service mandated by realignment
only apply to local agencies to the extent that the state
provides annual funding for the cost increase. Local agencies
are not obligated to provide programs or levels of service
required by legislation above the level for which funding has
been provided.
Background: The California Fostering Connections to Success Act
of 2010, enacted by AB 12 (Beall/Bass) Chapter 559/2010,
exercised the state option under the federal Fostering
Connections to Success and Increasing Adoptions Act of 2008
(Public Law 110-351) of extending benefits for youth up to age
21 in the Foster Care, Adoption Assistance, and Kin-GAP
AB 2573 (Stone)
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programs. AB 12 aligned the state's existing Kin-GAP program
with requirements in order to draw down federal funds and
provided for a three-year phase in of extended benefits up to
age 21 that was intended to reduce the upfront costs of program
expansion.
Significant clean-up legislation was pursued through AB 212
(Beall) Chapter 459/2011 and AB 1712 (Beall) Chapter 846/2012 to
address various issues identified subsequent to implementation
of the initial legislation.
Existing law allows a court to resume jurisdiction over a former
NMD or ward when the nonminor youth has signed a voluntary
mutual agreement and the NMD is enrolled in school or working,
as specified (WIC section 11403). This bill would authorize
courts to assume or resume transition jurisdiction of NMDs for
whom the court terminated jurisdiction for failure to meet
rehabilitative goals as outlined in their delinquency case plan,
and allow the court to exercise jurisdiction over a NMD who
would otherwise be eligible for transition jurisdiction despite
failure to meet the rehabilitative goals outlined in his or her
case plan.
Proposed Law: This bill would provide that the juvenile court
may assume or resume transition jurisdiction of a former NMD
without consideration of whether the rehabilitative goals of the
NMD have been met.
Prior Legislation: AB 12 (Beall/Bass) Chapter 559/2010 enacted
the California Fostering Connections to Success Act of 2010, and
authorized the state to exercise the option of extending
benefits in the Foster Care, Kin-GAP, Fed-GAP, and AAP to age 21
for youth who meet specified criteria. AB 12 also provided for
the alignment of the Kin-GAP program with federal requirements
in order to receive federal financial participation.
AB 212 (Beall) Chapter 459/2011, the follow-up legislation to AB
12, made various technical and substantive changes to law in
order to ensure the proper implementation of the California
Fostering Connections to Success Act of 2010.
AB 1712 (Beall) Chapter 846/2012 expanded the definition of
"relative" for purposes of both the federal and state-funded
Kin-GAP programs to include guardians who are non-related
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extended family members, tribal kin, or current caregivers of
foster children, as specified, and extended eligibility for
non-related legal guardian placements to age 21.
AB 787 (Stone) Chapter 487/2013, among other provisions, allows
re-entry into nonminor dependency for nonminor former dependents
who reached permanency whose guardian died before their 21st
birthday.
Staff Comments: Authorizing courts to resume or assume
transition jurisdiction of a former NMD without consideration of
whether the rehabilitative goals of the NMD have been met could
result in increased state costs in the range of $78,000 to
$103,000 (General Fund) per case, depending on the placement
type. This estimate is based on a monthly assistance and
administrative cost for a nonminor of $6,464 for an extended FC
placement in a supervised independent living placement (SILP)
and $8,544 for an extended FC placement in a transitional
housing placement-plus (THP-Plus) program. While the number of
cases that will resume dependency under the provisions of this
bill is unknown, to the extent two cases per year resume
dependency under the extended FC program, cumulative costs would
range between $310,000 and $410,000 annually after two years,
including grant and additional social worker administrative
costs.
Prior to Fiscal Year (FY) 2011-12, the state and counties
contributed to the non-federal share of child welfare services
and foster care expenditures. AB 118 (Committee on Budget)
Chapter 40/2011 and ABX1 16 Chapter 13/2011 realigned state
funding to the counties through the 2011 Local Revenue Fund
(LRF) for various programs, including child welfare services and
foster care. As a result, beginning in FY 2011-12 and for each
fiscal year thereafter, non-federal funding and expenditures for
foster care and child welfare services activities are funded
through the LRF.
Proposition 30 was passed by the voters in November 2012, and
among other provisions, eliminated any potential mandate funding
liability for any new program or higher level of service
mandated on the counties related to realigned programs,
including child welfare services and foster care. Rather,
legislation enacted after September 30, 2012, that has an
overall effect of increasing the costs already borne by a local
AB 2573 (Stone)
Page 3
agency for programs or levels of service mandated by realignment
only apply to local agencies to the extent that the state
provides annual funding for the cost increase. Local agencies
are not obligated to provide programs or levels of service
required by legislation above the level for which funding has
been provided.
To the extent it is determined that the provisions of this bill
impose a higher level of service on local agencies or result in
an increase in overall costs already borne by counties for the
provision of child welfare services and foster care, the state
could potentially elect to, but not be required to, provide
funding for the cost increase.
Recommended Amendments: To ensure the nonminors who assume or
resume transition jurisdiction under the provisions of this bill
meet the requirements consistent with existing provisions of law
for other nonminors, staff recommends the following amendment:
On page 7, in line 36, after "placement" insert:
And who meets the requirements of subparagraph (A)