BILL ANALYSIS �
SB 996
Page 1
Date of Hearing: June 17, 2014
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Mark Stone, Chair
SB 996 (Evans) - As Amended: March 18, 2014
SENATE VOTE : 34-0
SUBJECT : Dependent Children: Documents
SUMMARY : Requires specific information to be provided to minors
and nonminors in foster care and recasts and revises Section 391
of the Welfare and Institutions Code (WIC) regarding the
termination of a minor or nonminor's dependency jurisdiction.
Specifically, this bill :
1)Requires a county welfare agency (CWA), at a dependent child's
first regularly scheduled court hearing after he or she turns
16 years of age, to submit a report verifying that the
following information, documents, and services have been
provided to the minor:
a) Social security card;
b) Certified copy of the birth certificate;
c) Driver's license, as specified;
d) Assistance in obtaining employment;
e) Assistance in preparing and applying for admission to a
postsecondary educational institution or vocational
training program;
f) Information notifying the minor of his or her right to
be granted preference for a student assistant or internship
position with state agencies; and
g) Information notifying the minor of any financial
literacy programs or other available resources provided
through the county or other community organizations to help
the youth obtain financial literacy skills, including, but
not limited to, banking, credit card debt, student loan
debt, credit scores, credit history, and personal savings.
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2)Reorganizes the requirements for the termination of a
nonminor's dependency jurisdiction.
EXISTING LAW
1)States that the purpose of foster care law is to provide
maximum safety and protection for children who are currently
being physically, sexually, emotionally abused, neglected, or
exploited, and to ensure the safety, protection, and physical
and emotional well-being of children who are at risk of harm.
(WIC 300.2)
2)States the intent of the Legislature to preserve and
strengthen a child's family ties whenever possible and to
reunify a foster youth with his or her biological family
whenever possible, or to provide a permanent placement
alternative, such as adoption or guardianship. (WIC 300.2)
3)Allows a juvenile court to adjudge a child a ward or a
dependent of the court for specified reasons, including but
not limited to if the child has been left without any
provision for support, as specified. (WIC 300)
4)Establishes a state and local system of child welfare
services, including foster care, for children who have been
adjudged by the court to be at risk or have been abused or
neglected, as specified. (WIC 202)
5)Requires a foster youth's case plan to include a summary of
health and education information or records, including the
child's mental health information, in the form of a health and
education passport (Passport). (WIC 16010)
6)Requires the Passport to include, but not be limited to the
following information:
a) Names and addresses of the child's health, dental, and
education providers;
b) The child's grade level performance;
c) The child's school record;
d) Assurances that the child's placement in foster care
takes into account proximity to the school in which the
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child is enrolled at the time of placement;
e) The number of school transfers the child has already
experienced;
f) The child's educational progress, as demonstrated by
factors, including, but not limited to, academic
proficiency scores;
g) Credits earned toward graduation;
h) A record of the child's immunizations and allergies;
i) The child's known medical problems;
j) The child's current medications, past health problems,
and hospitalizations;
aa) A record of the child's relevant mental health history;
bb) The child's known mental health condition and
medications; and
cc) Any other relevant mental health, dental, health, and
education information concerning the child determined to be
appropriate by the Director of the Department of Social
Services (DSS).
7)Under federal and state law, provides for specific privacy
protections for children in foster care and for pupils
enrolled in the public education system. (EDC 49076 and
49076.5)
8)Requires a county welfare agency (CWA), at a nonminor
dependent's hearing immediately prior to the child becoming 18
years of age, to submit a report verifying that the following
information, documents, and services have been provided to the
minor:
a) Social security card;
b) Certified copy of the birth certificate;
c) Driver's license, as specified;
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d) Assistance in obtaining employment and financial
assistance;
e) Assistance in preparing and applying for admission to a
postsecondary educational institution or vocational
training program;
f) Information notifying the minor of his or her right to
be granted preference for a student assistant or internship
with state agencies; and
g) A letter prepared by the CWA that includes the following
information:
i) The minor or nonminor's name and date of birth;
ii) The dates during which the minor or nonminor was
under juvenile court jurisdiction;
iii) A statement that the minor or nonminor was a foster
youth in compliance with state and federal and financial
aid documentation requirements;
iv) If applicable, the death certificate of the minor or
nonminor's parent(s);
v) If applicable, proof of the minor or nonminor's
citizenship or legal residence;
vi) An advance health care directive form;
vii) The Judicial Council form that the minor or nonminor
would use to petition for re-entry into dependency
jurisdiction;
viii) The minor or nonminor's written 90-day transition
plan;
ix) Referrals to transitional housing or assistance in
securing other housing as specified;
x) Assistance in maintaining relationships with persons
important to a youth, as specified; and
xi) The whereabouts of any siblings under the
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jurisdiction of the juvenile court, except as specified.
(WIC 391)
1)Requires a CWA to request a consumer credit disclosure for a
foster youth when the youth reaches his or her 16th birthday
and ensure that the youth receives assistance with his or her
credit disclosure, as specified. (WIC 10618.6)
FISCAL EFFECT : According to the Senate Appropriations
Committee, this bill will result in 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.
COMMENTS : According to the California Child Welfare Indicators
Project (CCWIP), which is a collaborative data collection and
dissemination system operated between the University of
California at Berkeley (UCB) and DSS, between 6,000 and 7,000
youth between the ages of 16 and 21 have exited the state's CWS
system each year over the past three years. Unfortunately, the
outcomes for foster youth are bleak. A November 2011 University
of Pennsylvania's School of Social Policy and Practice study of
young adult outcomes of youth who aged out of or otherwise
exited Los Angeles County's child welfare supervised foster care
system and/or juvenile probation system found that:
1)Twenty-five percent of former foster youth were incarcerated
by the age of 20;
2)Sixty-five percent leave foster care without a place to live,
and 27% of the homeless population spent time in foster care;
3)Although half complete some college, less than one in ten
former foster youth obtain a degree; and
4)During the four years after leaving foster care more than half
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of the youth have no earnings, and those who do average an
income of only $7,500 per year.
When foster youth emancipate from the CWS system, they are often
not provided access to all of the information they would
otherwise need as adults who had not been in the system, such as
health and educational records. Whereas many children's parents
maintain their child's health and educational records and
provide guidance as to how and when to utilize these records,
foster youth do not have that regular parental support. Rather,
they are faced with having to act as both parent and child for
themselves when it comes to important records.
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 require that specified information,
documents, and services are available to foster youth prior to
emancipation from the dependency system, which traditionally
occurs at 18 years of age. AB 686 (Aroner), Chapter 911,
Statutes of 2000, required 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 parent or parents, and proof of citizenship or
residence to the dependent prior to termination of the court's
jurisdiction, and authorizes the court to continue jurisdiction
if the information is not provided, under certain circumstances.
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.
Stating the need for this bill, the author writes:
According to the California Child Welfare Indicators
Project, 6,000 to 7,000 youth between the ages of 16 and 21
have exited the state's foster care system annually over
the past three years. It is this population that depends
most upon the framework of the system to provide tools for
success and empowerment for the future of our youth.
Under current law, when a foster youth ages out of the
system, the County Welfare Agency is required to provide a
designated list of documents, information and services to
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youth to equip them for independence. This information is
required to be given at his or her dependency termination
proceedings, which prior to the California Fostering
Connections to Success Act (AB 12, Beall, 2012), was
generally at age 18, but now occurs for many at age 21.
While many of their non-foster peers face the typical
challenges of adulthood with the help of parents or
guardians, foster youth are expected to tackle these trials
on their own. Prior to transitioning out of care, many
youth will seek employment, college or vocational
education, and other activities that require access to
personal documents.
To ensure the greatest opportunity for success, these
documents must be provided to youth at an earlier age to
better support their endeavors to find a job, or enroll in
higher education, and allow a successful transition to
independence.
Staff comments : This measure is a reintroduction of SB 343
(Yee) from 2013, which passed this committee on a vote of 7-0
but was held in the Assembly Appropriations Committee. It is
nearly identical except for the additional requirement that
financial literacy program information be provided to the minor.
DOUBLE REFERRAL . This bill has been double-referred. Should
this bill pass out of this committee, it will be referred to the
Assembly Committee on Judiciary.
REGISTERED SUPPORT / OPPOSITION :
Support
Alliance for Children's Rights
American Academy of Pediatrics, California
California Alliance of Child and Family Services
California Teachers Association (CTA)
Child Abuse Prevention Center (CAP Center)
Children Now
Children's Law Center of Los Angeles
Court Appointed Social Advocates (CASA)
John Burton Foundation
Juvenile Court Judges of California (JCJC)
National Association of Social Workers, CA Chapter (NASW-CA)
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Social Advocates for Youth (SAY)
Opposition
None on file.
Analysis Prepared by : Chris Reefe / HUM. S. / (916) 319-2089