BILL ANALYSIS �
SB 996
Page 1
Date of Hearing: June 24, 2014
ASSEMBLY COMMITTEE ON JUDICIARY
Bob Wieckowski, Chair
SB 996 (Evans) - As Amended: March 18, 2014
PROPOSED CONSENT
SENATE VOTE : 34-0
SUBJECT : DEPENDENT CHILDREN: DOCUMENTS AND SERVICES
KEY ISSUE : IN ORDER TO help foster youth MORE SUCCESSFULLY
transition FROM the dependency system TO ADULTHOOD, SHOULD they
receive important documents, services and information prior to
their emancipation from the dependency system?
SYNOPSIS
Each year in California, about 5,000 youth emancipate from
foster care. The immediate outcomes for these young adults are
sobering. Studies have shown that, when compared to other young
adults, former foster youth are less likely to complete high
school, attend college or be employed. They are also at a
higher risk for homelessness and incarceration. In an effort to
ensure 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 these youth prior to emancipation from the
dependency system. This bill, sponsored by the Children's Law
Center of California, and supported by, among others, Alliance
for Children's Rights, California Teachers Association, and the
Juvenile Court Judges of California, adds to those requirements
by requiring that certain information be provided earlier in
order to better assist the youth and that nonminors who remain
in the dependency system until up to 21 continue to get needed
information and services prior to fully exiting the system.
This bill, which has no known opposition, passed out of the
Assembly Human Services Committee on consent last week. It is
very similar to SB 343 (Yee), which passed this Committee
unanimously last year, but was held on suspense in the Assembly
Appropriations Committee.
SUMMARY : Requires that specified information and services be
provided to foster youth as they near emancipation from the
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dependency system. Specifically, this bill :
1)Requires, at the first regularly scheduled review hearing
after a dependent child has reached age 16, the county welfare
department to submit a report verifying that the following
information, documents and services have been provided to the
child:
a) Social security card, as provided;
b) Certified copy of the birth certificate;
c) Driver's license;
d) Assistance in obtaining employment;
e) Assistance in applying for, or preparing to apply for,
college or other educational institution and in obtaining
financial aid;
f) Information about financial literacy programs or
resources that can help the youth; and
g) Information notifying the child of his or her right to
be granted preference for student assistant or internship
positions with state agencies.
2)Requires, at the last regularly scheduled review hearing
immediately prior to a dependent child reaching 18 years of
age, and at every regularly scheduled review hearing
thereafter, the county welfare department to submit a report
describing efforts made toward providing the following
information, documents, and services to the minor or nonminor:
a) All of the documents, information and assistance
required to be provided at age 16, listed in # 1), above;
b) A letter including the following information: the
youth's name and date of birth; the dates during which the
youth was within the jurisdiction of the juvenile court; a
statement that the youth was a foster youth in compliance
with financial aid documentation requirements; any
applicable death certificates for the youth's parents; any
applicable proof of the youth's citizenship or legal
residence; an advance health care directive form; and the
Judicial Council form that the youth would use to file a
petition to resume dependency jurisdiction;
c) Referrals to transitional housing or assistance in
securing other housing as specified;
d) Assistance in maintaining relationships with persons
important to a youth, as specified; and
e) The whereabouts of any siblings under the jurisdiction
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of the juvenile court, except as specified.
3)Reorganizes requirements for termination of dependency
jurisdiction over a nonminor and requires that the court may
not terminate dependency jurisdiction over a nonminor
dependent until certain information and assistance has been
provided to the youth, including the written 90-day transition
plan.
EXISTING LAW :
1)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. (Welfare & Institutions Code
Section 300. Unless stated otherwise, all further statutory
references are to that code.)
2)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. Provides that a
nonminor dependent retains all of his or her legal
decision-making authority as an adult, except as specified.
(Section 303.)
3)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:
a) The nonminor is working toward their high school
education or an equivalent credential;
b) The nonminor is enrolled in a postsecondary institution
or vocational education program;
c) The nonminor is participating in a program or activity
designed to promote or remove barriers to employment;
d) The nonminor is employed for at least 80 hours per
month; and,
e) 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.
(Section 11403.)
4)Requires the status of every dependent in foster care to be
reviewed by the court at least once every six months, as
specified. Requires that the regular status review of a child
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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 driver's license or identification card.
(Sections 366, 366.3, and 391.)
5)Prohibits a dependency court from terminating jurisdiction
over a nonminor until a hearing is conducted, as specified.
At any termination hearing, requires the county welfare
department to submit a report that verifies that the following
information has been provided to the nonminor:
a) 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 and information on how
to access his or her case file;
b) 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 and a written 90 day transition plan;
c) A letter containing information about the nonminor
including name, date of birth and the dates during which
the nonminor was a foster youth; and
d) 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. (Section 391.)
FISCAL EFFECT : As currently in print this bill is keyed fiscal.
COMMENTS : Each year in California, about 5,000 youth emancipate
from foster care, by far the largest number of any state, with
approximately 52,000 Californians emancipating from foster care
over the past ten years. The immediate outcomes for these young
adults are sobering. Studies have shown that, when compared to
other young adults of the same age and race, former foster youth
are less likely to complete high school, attend college or be
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employed. They are also at a greater risk for homelessness and
for involvement with the criminal justice system. (See Public
Policy Institute of California, Foster Care in 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 foster youth prior to
emancipation from the dependency system, traditionally at 18
years of age. AB 686 (Aroner), Chap. 911, Stats. 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 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, as specified. That bill also requires 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.
Other legislation has sought to help better prepare foster youth
for adulthood. Successful legislation has emphasized the
importance of ongoing relationships for foster children and
requires that reasonable efforts be made to maintain a dependent
child's relationships with individuals important in their lives.
(AB 408 (Steinberg), Chap. 813, Stats. 2003; AB 2807
(Steinberg), Chap. 810, Stats. 2004.) In addition, AB 2310
(Maze and Bass), Chap. 131, Stats. 2008, requires that the
written information provided to a youth 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 and Bass), Chap. 559, Stats. 2010,
enacted the California Fostering Connections to Success Act,
which authorizes the juvenile court to exercise jurisdiction
over nonminor dependents between the ages of 18 to 21 if they
meet specified criteria.
This bill seeks to help foster youth more successfully
transition out of the dependency system, whether at 18 or 21
years of age, by requiring that they receive important
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documents, services and information prior to their emancipation
from the dependency system. In support of the bill, the author
states:
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
[the] 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.
This bill provides foster youth with the information and access
to resources prior to emancipation from the foster care system .
Current law requires the juvenile court to conduct a hearing
prior to terminating jurisdiction over a foster youth. 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 youth has received particular documents and
services. Among the information included in the report is a
transitional living case plan for the youth, 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
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related to the youth's history and future. This bill seeks to
ensure that foster youth receive these important documents and
services earlier to help them better transition to adulthood.
Supporters write:
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 WIC � 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 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 vocational
program.
SB 996 enables youth to receive these vital documents when
they need them, rather than the day they exit foster care.
This bill requires that at the first regularly scheduled review
hearing after a foster youth has reached 16 years of age, the
county child welfare department 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; (7) and information notifying the
youth of financial literacy programs or other resources to help
the youth obtain financial literacy skills.
These particular documents and assistance provide the foster
youth with the information needed to engage in a number of
activities that are critically important as the youth
transitions to adulthood, including college preparation,
vocational training and employment. Many employers require a
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driver's license, social security card (or 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 critical 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 most 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.
This bill requires the county welfare department, at the last
regularly scheduled review hearing immediately prior to a
dependent turning 18 years of age, and at every hearing after
that, submit a report describing efforts made toward providing
the following information, documents, and services to the foster
youth:
All documents, information, and assistance required to
be provided to the youth at 16 years of age (discussed
above);
A letter including the following information: the
youth's name and date of birth; the dates during which the
youth was within the jurisdiction of the juvenile court; a
statement that the youth was a foster child in compliance
with financial aid documentation requirements; any
applicable death certificates for the youth's parents;
proof of citizenship of legal residence; an advance health
care directive form;
Assistance in maintaining relationships with persons
important to the youth, as specified; and
The whereabouts of any siblings under jurisdiction of
the juvenile court, as specified.
Under current law, prior to exiting the dependency system a
foster youth must receive all of the information that this bill
parcels out at 16 and 18 years of age. Thus, the documents and
information listed immediately above represent the remaining
information which, under the provisions of this bill, the youth
did not receive at 16 years of age.
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The documents, information, and assistance that would be
available to a foster youth 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 foster youth with this form empowers
the youth to start planning for the future in a meaningful way.
Likewise, providing a foster youth with a 90-day transition plan
should aid the youth in his or her transition out of dependency,
when the youth emancipates.
REGISTERED SUPPORT / OPPOSITION :
Support
Children's Law Center of California (sponsor)
Alliance for Children's Rights
California Alliance of Child and Family Services
California CASA
California Teachers Association
Child Abuse Prevention Center
John Burton Foundation for Children Without Homes
Juvenile Court Judges of California
Social Advocates for Youth
Opposition
None on file
Analysis Prepared by : Leora Gershenzon / JUD. / (916) 319-2334