BILL ANALYSIS �
SENATE HUMAN
SERVICES COMMITTEE
Senator Carol Liu, Chair
BILL NO: SB 996
S
AUTHOR: Evans
B
VERSION: March 18, 2014
HEARING DATE: April 22, 2014
9
FISCAL: Yes
9
6
CONSULTANT: Sara Rogers
SUBJECT
Juveniles: dependent children: documents
SUMMARY
This bill revises and recasts current law which specifies
the documents and information that are required to be
provided to a dependent youth prior to terminating
dependency. This bill requires this information to be
provided at the first regularly scheduled hearing after the
youth has reached age 18, rather than at termination of
dependency. Additionally, it requires the same information
be provided to dependent youth at age 16, as specified.
ABSTRACT
Existing Law:
1.Provides that any child who has suffered, or is at risk
of suffering, serious physical or emotional harm, as
defined, shall be within the jurisdiction of the juvenile
court which may adjudge that person to be a dependent
child of the court, as specified. (WIC 300)
Continued---
STAFF ANALYSIS OF SENATE BILL 996 (Evans)
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2.Requires the status of every dependent in foster care to
be reviewed by the court no less frequently than once
every six months, as specified. (WIC 366)
3.Requires that the regular status review of a child or
nonminor dependent in foster care consider the progress
in providing the information and documents required under
WIC Section 391. (WIC 366.3)
4.Requires that at the last review hearing to be held
before a minor attains 18 years of age, the report
provided by the county welfare department shall describe
efforts made toward completing specified items. (WIC
366.31)
5.Provides that as of January 1, 2012, the court may have
within its jurisdiction any nonminor dependent, between
the age of majority and 21 years, as defined. (WIC 303)
6.Permits a court to terminate its dependency, delinquency,
or transition jurisdiction over a nonminor dependent
between the time the nonminor reaches the age of majority
and 21 years of age. (WIC 303)
7.Provides that a nonminor dependent shall retain all of
his or her legal decisionmaking authority as an adult,
except as specified. (WIC 303)
8.Prohibits a dependency court from terminating
jurisdiction over a nonminor until a hearing is
conducted, as specified. (WIC 391)
9.At any termination hearing, requires a county welfare
department to submit a report that verifies that the
following information has been provided to the nonminor
(WIC 391):
STAFF ANALYSIS OF SENATE BILL 996 (Evans)
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Written information about the nonminor's
dependency case, including family history, Indian
heritage, available family photographs (except as
specified), whereabouts of siblings under the
jurisdiction of the juvenile court (except as
specified), and information on how to access their
case file.
Essential personal documents including the
social security card, a certified copy of the birth
certificate, the health and education summary (as
specified), driver's license or identification card,
any applicable death certificates for the nonminor's
parents, proof of citizenship, an advance health
care directive, forms used to resume dependency, and
the written 90 day transition plan.
A letter containing information about the
nonminor including name and date of birth, and the
dates during which the nonminor was a foster youth.
Referrals to transitional housing, assistance
in obtaining employment or other financial support,
assistance in applying to college or to a vocational
education program, assistance in maintaining
relationships with individuals who are important to
the nonminor, assistance in accessing the
Independent Living Aftercare Program, and other
information.
This bill:
1.Requires at the first regularly scheduled court hearing
after a dependent child has reached age 16 years or
older, that a county welfare department must submit a
report verifying that the following information,
documents and services have been provided to the child:
STAFF ANALYSIS OF SENATE BILL 996 (Evans)
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a. The social security card, temporarily for
specified purposes
b. Copy of the birth certificate.
c. Driver's license or identification card.
d. Assistance in obtaining employment, if
applicable.
e. Assistance in applying for, or preparing to
apply for, college or other educational institution,
and in obtaining financial aid, where applicable.
f. Information notifying the child of his or her
right to be granted preference for student assistant
or internship positions with state agencies.
g. Written information notifying the child of any
financial literacy programs or other available
resources provided through the county or other
community organizations to help the youth gain
financial literacy skills, as specified.
2.Provides that the child's social security card may be
temporarily provided to a minor dependent to enable the
child to obtain employment, to apply for admission to a
postsecondary school or vocational educational program,
to apply for financial aid, to apply for or access public
benefits, as otherwise determined by the caseworker,
including upon the request of the child.
3.Provides that a certified copy of the birth certificate
shall be provided upon the request of the child.
4.Requires, at the last regularly scheduled court hearing
immediately prior to a dependent child attaining 18 years
of age, and at every hearing thereafter, the county
welfare department to submit a report describing efforts
made toward providing the following information,
documents and services to the child:
a. All of the documents, information and
assistance required to be provided at age 16.
b. A letter including the following information:
the nonminor's name and date of birth; the dates
during which the nonminor was within the
jurisdiction of the juvenile court; a statement that
STAFF ANALYSIS OF SENATE BILL 996 (Evans)
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the nonminor was a foster youth in compliance with
financial aid documentation requirements; any
applicable death certificates for the nonminor's
parents; any applicable proof of the nonminor's
citizenship or legal residence; an advance health
care directive form, and the Judicial Counsel form
that the nonminor would use to file a petition to
resume dependency jurisdiction.
c. If applicable and available, referrals to
transitional housing or assistance in securing other
housing.
d. Assistance in maintaining relationships with
persons important to a nonminor, as specified.
e. The whereabouts of any siblings under the
jurisdiction of the juvenile court, except as
specified.
5.Rearranges the remaining existing provisions for
termination proceedings.
FISCAL IMPACT
This bill has not been reviewed by a fiscal committee.
BACKGROUND AND DISCUSSION
Purpose of the bill
According to the author, current law ensures that vital
personal documents are given to a foster youth at the time
of dependency termination. As a result of the California
Foster Connections to Success Act (AB 12, 2010) many youth
will remain in foster care until age 21, past the period
when they will need the support, guidance and documents
provided by county welfare departments to navigate
employment, housing, higher education or financial aid
applications. The author states that this bill restructures
STAFF ANALYSIS OF SENATE BILL 996 (Evans)
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the way in which counties provide youth with important
documents such as the social security card, birth
certificate, driver's license, as well as critical
assistance in obtaining employment, applying to higher
education and receiving information on available financial
literacy programs.
The sponsor states that California must ensure that the
child welfare system is as effective as possible in
preparing foster youth to go out in the world on their own
- and to be successful in doing so. The sponsor states that
providing youth or young adults with the important
documentation and support required by current law at an
earlier date will give them a better opportunity for
success.
Existing federal law, recognizing the need to prepare
foster youth for financial independence and to protect
youth against credit fraud, requires states to provide
foster youth who reach age 16 with a copy of their credit
report and requires states to assist a youth in
interpreting the credit report and resolving inaccuracies.
Extended Foster Care (AB 12)
As of January 1, 2014 any youth who turned 18 while under
the order of foster care placement is eligible to
participate in extended foster care until the age of 21 if
the youth meets one of the following requirements:
Is completing high school or an equivalent program;
Is enrolled in college, community college or a
vocational educational program at least half time;
Is employed (paid) at least 80 hours a month;
Is participating in a program or activity designed
to remove barriers to employment;
Is unable to meet the above requirements due to a
medical condition as verified by a health
practitioner.
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As a result of passage of this bill, existing law, which
requires that essential personal documents be provided at
termination hearings, may leave youth without access to
these documents until age 21, long after the youth may need
them.
Financial instability and homelessness
A recent report published by the National Foster Care
Coalition<1> states that foster youth may be especially
vulnerable to financial instability due to multiple
placements and because "many adults from parents and other
relatives, to foster parents to caseworkers may have access
to their personal information." This can place the youth at
risk of identity theft, and also can hinder a youth's
access to essential information that supports their
movement toward independence.
Surveys show that many foster youth do not have a checking
or savings account and have little credit or poor credit,
making it difficult for youth to rent an apartment or
purchase a car. Additionally, numerous studies have
documented high rates of homelessness among foster youth
who emancipate from care. In California, among youth
entering the Transitional Housing Program-Plus, which
provides transitional housing services for former foster
youth, 25 percent entered the program directly from
homelessness, while 50 percent had experienced homelessness
prior to entering the program, according to a 2012-2013
report.<2> This number reflected a significant increase
over the previous year, presumably because youth entering
the program were older as a result of the extension of
-------------------------
<1>
http://www.nationalfostercare.org/uploads/8/7/9/7/8797896/a_
listening_session--youth_in_foster_care__financial_challenge
s.pdf
<2> John Burton Foundation. THP-Plus Annual Report
2012-2013.
STAFF ANALYSIS OF SENATE BILL 996 (Evans)
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foster care eligibility. This may imply that extended
foster care eligibility alone is not sufficient to prevent
homelessness among nonminor dependents and that additional
life skills are needed for youth to successfully transition
into independence.
The National Foster Care Coalition report additionally
cites policy recommendations from the Jim Casey Youth
Opportunities Initiative that recommend policymakers:
Provide saving accounts instruments such as
individual development accounts (IDAs) to current and
former foster youth, matched with developmentally
appropriate financial literacy training;
Ensure that all youth transitioning from foster
care receive necessary personal documents (social
security card, a certified birth certificate or green
card, and a government-issue photo ID)
Provide early and consistent work experience with
priority access to workforce programs, developmentally
appropriate training, and ongoing support.
Many counties have numerous public, private or partnered
financial literacy resources and programs aimed at young
adults or foster youth, however many foster youth are
unaware of the resources that may be available.
Post-Secondary Educational Attainment for Former Foster
Youth
A 2013 report entitled "At Greater Risk: California Foster
Youth and the Path from High School to College" states that
foster youth confront multiple risk factors for low
educational attainment including disabilities, language
barriers, emotional trauma, lower educational attainment in
high school, and less of a support system due to disrupted
social connections. The report states that foster youth are
among the most vulnerable young Californians, are more
likely to attend schools with low performance rankings
according to the Academic Performance Index and that about
STAFF ANALYSIS OF SENATE BILL 996 (Evans)
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one quarter of foster youth had a disability in contrast to
one-tenth of the general population. Additionally, the
report states that relative to the general student
population, foster youth performed poorly on the California
Standards Test in English-Language Arts, with nearly a
quarter scoring far below basic level on the test and
another 27 percent scoring in the next lowest category,
below basic. The report concludes that these and other
findings point to the "overarching importance of providing
foster youth with the support they need to complete high
school as well as enroll and succeed in college at the same
rates as other students."
Prior Legislation:
SB 343 (Yee) 2013, was substantially similar to this bill
but did not include the financial literacy provisions
contained in this bill.
AB 212 (Beall) Chapter 459, Statutes of 2011, expanded the
documents required to be provided prior to a court
terminating jurisdiction over a dependent to include an
advance health care directive form, the judicial counsel
form that a youth would use to resume dependency under
extended foster care, and the federally required 90-day
transition plan.
AB 686 (Aroner) Chapter 911, Statutes of 2000, requires the
county child welfare department to verify to the court that
it has provided specified information and services,
including the social security card, certified birth
certificate, identification card, death certificate of
parents, and proof of citizenship or residence to the youth
prior to termination of dependency by the court.
POSITIONS
Support: Alliance for Children's Rights
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California Alliance of Child and Family
Services
Children's Law Center
John Burton Foundation
Juvenile Court Judges of California
Social Advocates for Youth
Oppose: None received.
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