Amended in Senate April 7, 2014

Senate Bill No. 1252

Introduced by Senator Torres

February 20, 2014

An act to amend Section begin delete 11403 end delete begin insert 11403.2 end insert of the Welfare and Institutions Code, relating to public social services.

LEGISLATIVE COUNSEL’S DIGEST

SB 1252, as amended, Torres. Public social services: begin delete nonminor dependents. end delete begin insert former foster youth: transitional housing. end insert

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Existing law makes transitional housing available to any former foster youth who is at least 18 years of age and not more than 24 years of age who has exited from the foster care system and has elected to participate in the Transitional Housing Program-Plus, as defined, if he or she has not received services pursuant to these provisions for more than 24 months.

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This bill would extend transitional housing pursuant to the above provisions to a former foster youth who is not more than 25 years of age, and for a total of 36 cumulative months, if the former foster youth is completing secondary education or is enrolled in an institution that provides postsecondary or vocational education.

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Existing law provides aid and services to children placed in out-of-home care through various social service programs, including California Work Opportunity and Responsibility to Kids (CalWORKs), Aid to Families with Dependent Children-Foster Care (AFDC-FC), Kinship Guardianship Assistance Payment Program (Kin-Gap), and the Adoption Assistance Program. Under existing law, a nonminor dependent, defined to include a person between 18 and 21 years of age and still within the jurisdiction of the juvenile court, continues to be eligible for those social service programs until 21 years of age if he or she is otherwise eligible for that program and one or more other specified conditions are met, including, that the nonminor is employed for at least 80 hours per month or enrolled in an institution that provides postsecondary or vocational education.

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This bill would extend these foster care benefits to youth up to 25 years of age if they meet the above requirements. By requiring the extension of these services provided by the counties, this bill would impose a state-mandated local program.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 11403.2 of the end insert begin insert Welfare and Institutions
Code end insert begin insert is amended to read: end insert

11403.2.  

(a) The following persons shall be eligible for
transitional housing provided pursuant to Article 4 (commencing
with Section 16522) of Chapter 5 of Part 4:

(1) Any foster child at least 16 years of age and not more than
18 years of age, and, on or after January 1, 2012, any nonminor
dependent, as defined in subdivision (v) of Section 11400, who is
eligible for AFDC-FC benefits as described in Section 11401. A
foster child under 18 years of age shall be eligible for placement
in the program certified as a “Transitional Housing Placement
Program,” pursuant to paragraph (1) of subdivision (a) of Section
begin delete 16522.2 end delete begin insert 16522.1 end insert . A nonminor dependent shall be eligible for
placement in the program certified as a “Transitional Housing
Placement-Plus Foster Care Program” pursuant to paragraph (2)
of subdivision (a) of Section begin delete 16522.2 end delete begin insert 16522.1 end insert .

(2)  begin insert (A) end insert begin insert   end insert Any former foster youth at least 18 years of age and begin insert ,
except as provided in subparagraph (B), end insert not more than 24 years
of age who has exited from the foster care system on or after his
or her 18th birthday and elects to participate in Transitional
Housing Program-Plus, as defined in subdivision (s) of Section
11400, begin delete provided end delete begin insert if end insert he or she has not received services under this
paragraph for more than a total of 24 months, whether or not
consecutive. If the person participating in a Transitional Housing
Program-Plus is not receiving aid under Section 11403.1, he or
she, as a condition of participation, shall enter into, and execute
the provisions of, a transitional independent living plan that shall
be mutually agreed upon, and annually reviewed, by the former
foster youth and the applicable county welfare or probation
department or independent living program coordinator. The person
participating under this paragraph shall inform the county of any
changes to conditions specified in the agreed-upon plan that affect
eligibility, including changes in address, living circumstances, and
the educational or training program.

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(B) Services provided under subparagraph (A) may be extended
to a former foster youth not more than 25 years of age, and for a
total of 36 months, whether or not consecutive, if the former foster
youth, in addition to the requirements specified in subparagraph
(A), meets either of the following criteria:

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(i) The former foster youth is completing secondary education
or a program leading to an equivalent credential.

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(ii) The former foster youth is enrolled in an institution that
provides postsecondary vocational education.

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(b) Payment on behalf of an eligible person receiving transitional
housing services pursuant to paragraph (1) of subdivision (a) shall
be made to the transitional housing placement provider pursuant
to the conditions and limitations set forth in Section 11403.3.
Notwithstanding Section 11403.3, the department, in consultation
with concerned stakeholders, including, but not limited to,
representatives of the Legislature, the County Welfare Directors
Association, the Chief Probation Officers of California, the Judicial
Council, representatives of Indian tribes, the California Youth
Connection, former foster youth, child advocacy organizations,
labor organizations, juvenile justice advocacy organizations, foster
caregiver organizations, researchers, and transitional housing
placement providers, shall convene a workgroup to establish a new
rate structure for the Title IV-E funded THP-Plus-Foster Care
placement option for nonminor dependents. The workgroup shall
also consider application of this new rate structure to the
Transitional Housing Program-Plus, as described in paragraph (2)
of subdivision (a) of Section 11403.3. In developing the new rate
structure pursuant to this subdivision, the department shall consider
the average rates in effect and being paid by counties to current
transitional housing placement providers.

All matter omitted in this version of the bill appears in the bill as introduced in the Senate, February 20, 2014. (JR11)