BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 996|
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THIRD READING
Bill No: SB 996
Author: Evans (D), et al.
Amended: 3/18/14
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 4-0, 4/22/14
AYES: Liu, Berryhill, DeSaulnier, Hancock
NO VOTE RECORDED: Wyland
SENATE JUDICIARY COMMITTEE : 7-0, 4/29/14
AYES: Jackson, Anderson, Corbett, Lara, Leno, Monning, Vidak
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/23/14
AYES: De Le�n, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SUBJECT : Juveniles: dependent children: documents
SOURCE : Author
DIGEST : This bill revises and recasts existing 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.
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ANALYSIS :
Existing Law:
1.Specifies that any child who has suffered, or is at risk of
suffering, serious physical or emotional harm, as defined, is
within the jurisdiction of the juvenile court which may
adjudge that person to be a dependent child of the court, as
specified.
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.
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, as specified.
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.
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.
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.
7.Provides that a nonminor dependent shall retain all of his/her
legal decisionmaking authority as an adult, except as
specified.
8.Prohibits a dependency court from terminating jurisdiction
over a nonminor until a hearing is conducted, as specified.
9.At any termination hearing, requires a county welfare
department to submit a report that verifies that specified
information has been provided to the nonminor.
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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:
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/her right to be
granted preference for student assistant or internship
positions with state agencies; and
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.Requires a certified copy of the birth certificate to be
provided upon the request of the child.
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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 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; and
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.
Prior Legislation
SB 343 (Yee, 2013) was substantially similar to this bill but
did not include the financial literacy provisions contained in
this bill. The bill was held in the Assembly Appropriations
Committee.
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 uses to
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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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee, potential
first-year increased state costs (non-reimbursable) of $580,000
(General Fund), to the extent the provisions of this bill result
in increased county social worker workload in the first year of
implementation. To the extent on average two hours of time is
required for the first cohort of 16 year olds, increased state
costs (non-reimbursable) associated with gathering information,
preparing reports, and providing the required services for 4,000
youth could result. It is assumed the subsequent year report
and information for the youth would require reduced time,
however, that would be offset by the additional workload
incurred as the next cohort of 16-year olds would be provided
this information.
SUPPORT : (Verified 5/23/14)
Alliance for Children's Rights
California Alliance of Child and Family Services
California Court Appointed Special Advocates for Children
California Teachers Association
Child Abuse Prevention Center
Children's Law Center of California
John Burton Foundation
Juvenile Court Judges of California
Social Advocates for Youth
ARGUMENTS IN SUPPORT : According to the author's office,
existing 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
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12, Beall, Chapter 559, Statutes of 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's office states that
this bill restructures 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.
JL:k 5/23/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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