BILL ANALYSIS �
SENATE JUDICIARY COMMITTEE
Senator Hannah-Beth Jackson, Chair
2013-2014 Regular Session
SB 996 (Evans)
As Amended March 18, 2014
Hearing Date: April 29, 2014
Fiscal: Yes
Urgency: No
NR
SUBJECT
Juveniles: dependent children: documents
DESCRIPTION
Existing law prohibits the court from terminating dependency
jurisdiction over a nonminor who has reached 18 years of age
until a hearing is conducted and the county welfare department
has submitted a report verifying that specified information,
documents, and services have been provided to the dependent.
This bill would instead require the county welfare department to
submit reports verifying that the county has provided specified
information, documents, and services to a dependent at the first
regularly scheduled hearing after the child has attained 16
years of age, at the last regularly scheduled hearing before a
minor attains 18 years of age, and at every regularly scheduled
review hearing thereafter.
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
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, arrested, and/or incarcerated. (See
(more)
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Foster Care in California, Public Policy Institute of
California, 2010.)
In an effort to ensure former foster youth are better prepared
to face the challenges of adulthood, the Legislature has passed
a number of laws which required that specified information,
documents, and services are available to dependents prior to
emancipation from the dependency system, traditionally at 18
years of age. AB 686 (Aroner, Ch. 911, Stats. 2000) required
the county welfare department to verify to the court that it had
provided specified information and services, including the
social security card, certified birth certificate,
identification card, death certificate of parent or parents, and
proof of citizenship or residence, to the dependent prior to
termination of the court's jurisdiction, and authorized the
court to continue jurisdiction if the information was not
provided, as specified. That bill also required that a
dependent receive assistance in completing an application for
Medi-Cal or other health insurance, assistance in securing
housing, and assistance in obtaining employment or other
financial support prior to emancipation.
In 2004, two bills were chaptered (Steinberg, Ch. 813, Stats.
2003; Steinberg, Ch. 810, Stats. 2004) that emphasized the
importance of ongoing relationships to foster children, and
required that reasonable efforts be made to maintain a dependent
child's relationships with important individuals. AB 2310 (Maze
and Bass, Ch. 131, Stats. 2008) required that the written
information provided to a dependent prior to the court's
termination of jurisdiction, include information regarding the
child's Indian heritage if applicable, and any photographs of
the child or his or her family in the possession of the
department.
AB 12 (Beall, Ch. 559, Stats. 2010) enacted the California
Fostering Connections to Success Act, which authorized the
juvenile courts to exercise jurisdiction over nonminor
dependents between the ages of 18 to 21 if they meet the
specified criteria. Last year SB 343 (Yee, 2013) was introduced
to ensure that dependents receive specified important documents,
services, and information prior to emancipating from the
dependency system, beginning at 16 years of age. That bill was
held in the Assembly Appropriations Committee. This bill is
substantially similar to SB 343 and seeks to ensure that youth
are adequately supported as they transition out of the
dependency system into adulthood.
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CHANGES TO EXISTING LAW
Existing law provides that a child may become a dependent of the
juvenile court and removed from his or her parents or guardian
on the basis of abuse or neglect. (Welf. & Inst. Code Sec.
300.)
Existing law requires the status of every dependent in foster
care to be reviewed by the court at least once every six months,
as specified. Existing law also requires that the regular status
review of a child or nonminor dependent in foster care consider
the progress in providing the information and documents
including the dependent's social security card, certified copy
of birth certificate, and/or driver's license or identification
card. (Welf. & Inst. Code Secs. 366, 366.3, and 391.)
Existing law 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. Existing law further
provides that a nonminor dependent shall retain all of his or
her legal decision-making authority as an adult, except as
specified. (Welf. & Inst. Code Sec. 303.)
Existing law provides that a nonminor ages 18-21 shall continue
to receive foster care assistance under certain conditions,
including that 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 prohibits a dependency court from terminating
jurisdiction over a nonminor until a hearing is conducted, as
specified. At any termination hearing, existing law requires a
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county welfare department to submit a report that verifies that
the following information has been provided to the nonminor:
written information about the nonminor's dependency case,
including family history, Indian heritage, available family
photographs, whereabouts of siblings under the jurisdiction of
the juvenile court, information on how to access his or her
case file;
essential personal documents including the social security
card, a certified copy of the birth certificate, a 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, a written
90-day transition plan;
a letter containing information about the nonminor including
their name, date of birth, and the dates during which the
nonminor was a foster youth; and
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, as specified.
(Welf. & Inst. Code Sec. 391.)
This bill would require, at the first regularly scheduled court
hearing after a dependent child has reached age 16 years of age,
a county welfare department to submit a report verifying that
the following information, documents, and services have been
provided to the child:
the social security card, as specified;
certified copy of the birth certificate;
driver's license;
assistance in obtaining employment;
assistance in applying for, or preparing to apply for, college
or other educational institution and in obtaining financial
aid;
information notifying the child of his or her right to be
granted preference for student assistant or internship
positions with state agencies; and
written information notifying the child of any financial
literacy programs or other resources to help the youth obtain
financial literacy skills.
This bill would require, at the first regularly scheduled court
hearing immediately prior to a dependent child attaining 18
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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:
all of the documents, information and assistance required to
be provided at age 16 listed above;
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 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 Council form that
the nonminor would use to file a petition to resume dependency
jurisdiction;
referrals to transitional housing or assistance in securing
other housing as specified;
assistance in maintaining relationships with persons important
to a nonminor, as specified; and
the whereabouts of any siblings under the jurisdiction of the
juvenile court, except as specified.
This bill would revise and recast the remaining existing
provisions for termination proceedings.
COMMENT
1.Stated need for the bill
Children's Law Center of California, the sponsor of this bill,
writes:
With the recent changes to California law allowing youth to
remain in foster care and access services until age 21 instead
of 18, we must ensure that our 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. Providing youth
or young adults with the important documentation and support
required by [Welfare and Institutions Code Section] 391 at an
earlier date will give them a better opportunity for success.
Just a few examples of what these young adults may need much
sooner than at age 21 include his or her social security card;
birth certificate; driver's license; health records; financial
aid eligibility documentation; assistance with finding housing
and employment; and assistance with applying for college or a
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vocational program.
SB 996 enables youth to receive these vital documents when
they need them, rather than the day they exit foster care. In
addition, SB 996 will ensure that youth are provided with
written information of any financial literacy programs or
other available resources to help them obtain financial
literacy skills, including but not limited to banking, credit
card debt, student loan debt, credit scores, credit history,
and personal savings.
2.Providing dependents with the information and access to
resources prior to emancipation from the foster system
Existing law requires the dependency court to conduct a hearing
prior to terminating jurisdiction over a nonminor dependent. At
this hearing the court must determine, among other things, that
specific information has been included in a report by the
county, and that the dependent has received particular documents
and services. Among the information included in the report is a
transitional living case plan for the dependent, as specified,
family history documents and photographs, any known information
regarding the dependent's Indian heritage or tribal connections,
and the whereabouts of any siblings under the jurisdiction of
the juvenile court. Among the documents that the dependent must
receive are: the social security card, driver's license or
identification card, a certified copy of his or her birth
certificate, a health and education summary, and a letter
prepared by the county which includes important documents
related to the dependent's history and future. This bill seeks
to ensure that dependents receive these important documents and
services at an appropriate age. Regarding the need for dependent
youth to receive particular information and documents prior to
exiting the dependency system, the Children's Advocacy Institute
writes:
To successfully transition out of the child welfare system
at 21, an individual requires the level of assistance that
is lacking in the absence of a loving parent or guardian.
Specifically, these youth may need assistance in seeking
employment or enrolling in a college or vocational
educational program. Additionally, these youth may require
support as they apply for or receive documentation, such
as: a driver's license, social security card, or financial
aid eligibility documentation. Most importantly, this
assistance must be provided in a timely
manner-significantly prior to the time in which the youth
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is scheduled to age out of the child welfare system-to
ensure the most successful life outcomes for California's
foster youth.
a. Important documents and assistance in applying for
college admission to dependents over 16 years of age
At the first regularly scheduled review hearing after a
dependent has reached 16 years of age, this bill would require
the county welfare department to submit a report verifying
that the following information, documents, and services have
been provided to the youth: (1) the social security card; (2)
certified copy of the birth certificate; (3) driver's license
or identification card; (4) assistance in obtaining
employment; (5) assistance in applying for, or preparing to
apply for, college or other educational institution, and in
obtaining financial aid; (6) information notifying the youth
of his or her right to be granted preference for student
assistant or internship positions with state agencies; and (7)
information notifying the youth of any financial literacy
programs to help him or her gain financial literacy skills.
These particular documents and assistance provide a dependent
minor with the information needed to engage in a number of
important, and arguably mature activities such as employment,
college preparation, or vocational training. Many employers
require a driver's license, social security card, or a copy of
birth certificate before a potential employee may begin work.
Additionally, similar documentation may be required to open a
bank account, apply for financial aid, or register to take
exams, such as the Scholastic Assessment Test (SAT). Requiring
that youth begin to receive this information and assistance at
the age of 16 is more appropriate than at 18 or 21 years of
age, because many opportunities surface prior to legal
adulthood. College placement tests are often administered
prior to high school graduation and many students start
planning their college career while still in high school.
Also, youths as young as 14 or 15 are authorized to engage in
part time employment with a work permit. Arguably, equipping
minor dependents with these documents and assistance would
give them opportunities to plan for their future.
b. Important documents, family history information, and
assistance to dependents attaining 18 years of age and
emancipation
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This bill would require, at the first regularly scheduled
hearing immediately prior to a dependent turning 18 years of
age, and at every hearing thereafter, that the county welfare
department submit a report describing efforts made toward
providing the following information, documents, and services
to the dependent:
all documents, information, and assistance required to
be provided to the dependent at 16 years of age (see
Comment 2a. above);
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 the nonminor was a foster youth in
compliance with financial aid documentation requirements;
any applicable death certificates for the nonminor's
parents; proof of citizenship of legal residence; an
advance health care directive form;
assistance in maintaining relationships with persons
important to the nonminor, as specified; and
the whereabouts of any siblings under jurisdiction of
the juvenile court, as specified.
Staff notes that under existing law, prior to exiting the
dependency system a dependent must receive all of the
information that this bill requires to be provided at 16 and
18 years of age. Thus, the documents and information listed
immediately above represent the remaining information which,
under this bill, a youth did not receive at 16 years of age.
The documents, information, and assistance that would be
available to a dependent under this bill, prior to attaining
18 years of age, are imperative as a youth makes his or her
final steps toward legal independence. An advance health care
directive, for example, is a set of written instructions that
specify what actions should be taken for an individual's
health if he or she is no longer able to make decisions due to
illness or incapacity. Providing a dependent with this form,
empowers him or her to start planning for the future in a
meaningful way.
Consistent with existing law, this bill would also require that
the above documents, information, and assistance are available
to a dependent once again prior to emancipating from the
dependency system.
Support : Alameda County Foster Youth Alliance; Alliance for
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Children's Rights; California Alliance of Child and Family
Services; California CASA Association; John Burton Foundation
for Children without Homes; Juvenile Court Judges of California;
Mission Focused Solutions; Social Advocacy for Youth;
Opposition : None Known
HISTORY
Source : Children's Law Center of California
Related Pending Legislation : None Known
Prior Legislation :
SB 343 (Yee, 2013), See Background.
AB 212 (Beall, Ch. 459, Stats. 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.
AB 12 (Beall and Bass, Ch. 559, Stats. 2010), See Background.
AB 273 (Jones, 2007) this bill would have required the county to
provide a report to the court demonstrating that the county has
assisted the child in understanding his or her health care needs
and in locating health care providers that will be able to meet
those needs. This bill was placed on the suspense file in the
Senate Appropriations Committee.
AB 2310 (Maze and Bass, Ch. 131, Stats. 2008), See Background.
AB 408 (Steinberg, Ch. 813, Stats. 2003), See Background.
AB 2807 (Steinberg, Ch. 810, Stats.2004), See Background.
AB 686 (Aroner, Ch. 911, Stats. 2000) See Background.
Prior Vote : Senate Human Services Committee (Ayes 4, Noes 0)
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