Senate Bill No. 996

Introduced by Senator Evans

(Coauthor: Senator Wyland)

February 12, 2014

An act to amend Section 10609.4 of the Welfare and Institutions Code, relating to juveniles.

LEGISLATIVE COUNSEL’S DIGEST

SB 996, as introduced, Evans. Juveniles: Independent Living Program.

Existing law requires the State Department of Social Services to develop statewide standards for the Independent Living Program for emancipated foster youth and eligible former dependent children of the juvenile court established and funded pursuant to federal law, to assist those individuals in making the transition to self-sufficiency. Existing law requires, consistent with federal law and reporting requirements, each county department of social services to submit to the State Department of Social Services an annual Independent Living Program report, which is required to include, among other things, an accounting of federal and state funds expended for implementation of the program. Existing law requires that expenditures be related to the specific purposes of the program. Under existing law, authorized program purposes may include, among other things, providing training in daily living skills, budgeting, locating and maintaining housing, and career planning.

This bill would specify that providing financial literacy training, including, but not limited to, banking, credit card interest rates, credit scores, the importance of savings, and the effects financial decisions can have on a youth’s future, is also an authorized purpose.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 10609.4 of the Welfare and Institutions
Code is amended to read:

10609.4.  

(a) On or before July 1, 2000, the State Department
of Social Services, in consultation with county and state
representatives, foster youth, and advocates, shall do both of the
following:

(1) Develop statewide standards for the implementation and
administration of the Independent Living Program established
pursuant to the federal Consolidated Omnibus Budget
Reconciliation Act of 1985 (Public Law 99-272).

(2) Define the outcomes for the Independent Living Program
and the characteristics of foster youth enrolled in the program for
data collection purposes.

(b) Consistent with federal law and reporting requirements, each
county department of social services shall submit to the department
an annual Independent Living Program report, which shall include
the following:

(1) An accounting of federal and state funds expended for
implementation of the program. A county shall spend no more
than 30 percent of federal Independent Living Program funds on
housing. Expenditures shall be related to the specific purposes of
the program. It is the intent of the Legislature that the department,
in consultation with counties, shall develop a process for reporting
that satisfies federal law and reporting requirements. Program
purposes may include, but are not limited to, all of the following:

(A) Enabling participants to seek a high school diploma or its
equivalent or to take part in appropriate vocational training, and
providing job readiness training and placement services, or building
work experience and marketable skills, or both.

(B) Providing training in daily living skills, budgeting, locating
and maintaining housing, and career planning.

(C) Providing for individual and group counseling.

(D) Integrating and coordinating services otherwise available
to participants.

(E) Providing each participant with a written transitional
independent living plan that will be based on an assessment of his
or her needs, that includes information provided by persons who
have been identified by the participant as important to the
participant in cases in which the participant has been in
out-of-home placement for six months or longer from the date the
participant entered foster care, consistent with the participant’s
best interests, and that will be incorporated into his or her case
plan.

(F) Providing participants who are within 90 days of attaining
18 years of age, or older as the state may elect under Section
475(8)(B)(iii) of the federal Social Security Act (42 U.S.C. Sec.
675(8)(B)(iii)), including those former foster care youth receiving
Independent Living Program Aftercare Services, the opportunity
to complete the exit transition plan as required by paragraph (16)
of subdivision (f) of Section 16501.1.

(G) Providing participants with other services and assistance
designed to improve independent living.

(H) Convening persons who have been identified by the
participant as important to him or her for the purpose of providing
information to be included in his or her written transitional
independent living plan.

begin insert

(I) Providing financial literacy training, including, but not
limited to, banking, credit card interest rates, credit scores, the
importance of savings, and the effects financial decisions can have
on the participant’s future.

end insert

(2) Counties shall ensure timely and accurate data entry into
the Child Welfare Services/Case Management System (CWS/CMS)
for all youth receiving services pursuant to this section.

(3) Counties shall ensure that eligible foster care youth continue
to receive information about, and are provided with an opportunity
to complete, the National Youth in Transition Database (NYTD)
survey, based on an updated process that shall be developed jointly
by the department, in consultation with counties to ensure
maximum participation in the survey completion and compliance
with federal requirements, as follows:

(A) Counties shall provide information to the youth about the
NYTD survey within 60 days prior to the date the current or former
foster youth is required to be offered the survey.

(B) Within 45 days following the youth in foster care turning
17 years of age, counties shall ensure that each youth has an
opportunity to complete the NYTD survey as required by federal
law.

(C) Counties shall contact the youth who completed the survey
at age 17, in order to request that they complete the followup
survey before their 19th and 21st birthdays.

(D) Counties shall provide opportunities for current and former
eligible foster youth to take the NYTD survey online at child
welfare services and probation offices.

(c) The county department of social services in a county that
provides transitional housing placement services pursuant to
paragraph (2) of subdivision (a) of Section 11403.2 shall include
in its annual Independent Living Program report a description of
currently available transitional housing resources in relation to the
number of emancipating pregnant or parenting foster youth in the
county, and a plan for meeting any unmet transitional housing
needs of the emancipating pregnant or parenting foster youth.

(d) In consultation with the department, a county may use
different methods and strategies to achieve the standards and
outcomes of the Independent Living Program developed pursuant
to subdivision (a).

(e) In consultation with the County Welfare Directors
Association, the California Youth Connection, and other
stakeholders, the department shall develop and adopt emergency
regulations, no later than July 1, 2012, in accordance with Section
11346.1 of the Government Code that counties shall be required
to meet when administering the Independent Living Program and
that are achievable within existing program resources and any
federal funds available for case management and case plan review
functions for nonminor dependents, as provided for in the federal
Fostering Connections to Success and Increasing Adoptions Act
of 2008 (Public Law 110-351). The initial adoption of emergency
regulations and one readoption of the initial regulations shall be
deemed to be an emergency and necessary for the immediate
preservation of the public peace, health and safety, or general
welfare. Initial emergency regulations and the first readoption of
those regulations shall be exempt from review by the Office of
Administrative Law. The initial emergency regulations and the
first readoption of those regulations authorized by this subdivision
shall be submitted to the Office of Administrative Law for filing
with the Secretary of State and each shall remain in effect for no
more than 180 days.

(f) The department, in consultation with representatives of the
Legislature, the County Welfare Directors Association, the Chief
Probation Officers of California, the Judicial Council,
representatives of tribes, the California Youth Connection, former
foster youth, child advocacy organizations, labor organizations,
dependency counsel for children, juvenile justice advocacy
organizations, foster caregiver organizations, and researchers, shall
review and develop modifications needed to the Independent Living
Program to also serve the needs of nonminor dependents, as defined
in subdivision (v) of Section 11400, eligible for services pursuant
to Section 11403. These modifications shall include the exit
transition plan required to be completed within the 90-day period
immediately prior to the date the nonminor participant attains the
age that would qualify the participant for federal financial
participation, as described in Section 11403, pursuant to Section
675(5)(H) of Title 42 of the United States Code. Notwithstanding
the Administrative Procedure Act, Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, through June 30, 2012, the department shall prepare for
implementation of the applicable provisions of this section by
publishing all-county letters or similar instructions from the director
by October 1, 2011, to be effective January 1, 2012.

(g) Beginning in the 2011-12 fiscal year and for each fiscal
year thereafter, funding and expenditures for programs and
activities required under this section shall be in accordance with
the requirements provided in Sections 30025 and 30026.5 of the
Government Code.