(1)Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. Existing law establishes a schedule of basic rates to be paid for the care and supervision of each foster child. Existing law also establishes the Kinship Guardianship Assistance Payment Program (Kin-GAP), which provides aid on behalf of eligible children who are placed in the home of a relative caretaker.

Existing law requires, when a child is living with a parent who receives AFDC-FC or Kin-GAP benefits, that the rate paid to the foster care provider on behalf of the parent include an additional amount, known as an infant supplement, for the care and supervision of the child.

This bill would make a pregnant minor or nonminor dependent eligible for the infant supplement for a specified period before the expected date of birth, subject to a verification of pregnancy, as specified. Because counties would administer these extended benefits, this bill would impose a state-mandated local program.

(2)This bill would incorporate changes to Section 11465 of the Welfare and Institutions Code proposed by both this bill and AB 1997, which would become operative only if both bills are enacted and become effective on or before January 1, 2017, and this bill is chaptered last.

(3)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.

This bill would provide that no reimbursement is required by this act for a specified reason.

(1)Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. Existing law establishes a schedule of basic rates to be paid for the care and supervision of each foster child. Existing law also establishes the Kinship Guardianship Assistance Payment Program (Kin-GAP), which provides aid on behalf of eligible children who are placed in the home of a relative caretaker. Existing law prohibits the rate paid under the Kin-GAP program from exceeding the basic foster family home rate paid to caregivers under the AFDC-FC program.

Existing law requires, when a child is living with a parent who receives AFDC-FC or Kin-GAP benefits, that the rate paid to the foster care provider on behalf of the parent include an additional amount, known as an infant supplement, for the care and supervision of the child. Existing law requires the State Department of Social Services to adopt a uniform rate for the infant supplement for each category of eligible licensed community care facility. Existing law also requires that the infant supplement payment for a child living with a teen parent in a whole family foster home be equal to the basic foster family home rate.

This bill would make a pregnant minor or nonminor dependent eligible for the infant supplement for a specified period before the expected date of birth, subject to a verification of pregnancy, as specified. Because counties would administer these extended benefits, this bill would impose a state-mandated local program.

(3)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.

This bill would provide that no reimbursement is required by this act for a specified reason.

(1)Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. Existing law establishes a schedule of basic rates to be paid for the care and supervision of each foster child. Existing law also establishes the Kinship Guardianship Assistance Payment Program (Kin-GAP), which provides aid on behalf of eligible children who are placed in the home of a relative caretaker. Existing law prohibits the rate paid under the Kin-GAP program from exceeding the basic foster family home rate paid to caregivers under the AFDC-FC program.

Existing law requires, when a child is living with a parent who receives AFDC-FC or Kin-GAP benefits, that the rate paid to the foster care provider on behalf of the parent include an additional amount, known as an infant supplement, for the care and supervision of the child. Existing law requires the State Department of Social Services to adopt a uniform rate for the infant supplement for each category of eligible licensed community care facility. Existing law also requires that the infant supplement payment for a child living with a teen parent in a whole family foster home be equal to the basic foster family home rate.

This bill would require that the infant supplement payment be equal to the basic foster family home rate for any child living with a dependent or nonminor dependent parent whose caretaker receives AFDC-FC, Kin-Gap, or Approved Relative Caregiver Funding Option Program benefits. The bill would require the department to adopt regulations by July 1, 2017, setting forth new infant supplement rates for a child in a group home placement, short-term residential treatment facility, or in THP-Plus Foster Care. The bill would also make a pregnant minor or nonminor dependent eligible for the infant supplement for a specified period before the expected date of birth, subject to a verification of pregnancy. pregnancy, as specified. Because counties would administer these extended benefits, this bill would impose a state-mandated local program.

(2)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.

This bill would provide that no reimbursement is required by this act for a specified reason.

(1)Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. Existing law establishes a schedule of basic rates to be paid for the care and supervision of each foster child. Existing law also establishes the Kinship Guardianship Assistance Payment Program (Kin-GAP), which provides aid on behalf of eligible children who are placed in the home of a relative caretaker. Existing law prohibits the rate paid under the Kin-GAP program from exceeding the basic foster family home rate paid to caregivers under the AFDC-FC program.

Existing law requires, when a child is living with a parent who receives AFDC-FC or Kin-GAP benefits, that the rate paid to the foster care provider on behalf of the parent include an additional amount, known as an infant supplement, for the care and supervision of the child. Existing law requires the State Department of Social Services to adopt a uniform rate for the infant supplement for each category of eligible licensed community care facility. Existing law also requires that the infant supplement payment for a child living with a teen parent in a whole family foster home be equal to the basic foster family home rate.

This bill would require that the infant supplement payment be equal to the basic foster family home rate for any child living with a dependent or nonminor dependent parent whose caretaker receives AFDC-FC, Kin-Gap, or Approved Relative Caregiver Funding Option Program benefits. The bill would require the department to adopt regulations by July 1, 2017, setting forth new infant supplement rates for a child in a group home placement, short-term residential treatment facility, or in THP-Plus Foster Care. The bill would also make a pregnant minor or nonminor dependent eligible for the infant supplement for a specified period before the expected date of birth, subject to a verification of pregnancy. Because counties would administer these extended benefits, this bill would impose a state-mandated local program.

(3)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.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. Existing law establishes a schedule of basic rates to be paid for the care and supervision of each foster child. Existing law also establishes the Kinship Guardianship Assistance Payment Program (Kin-GAP), which provides aid on behalf of eligible children who are placed in the home of a relative caretaker. Existing law prohibits the rate paid under the Kin-GAP program from exceeding the basic foster family home rate paid to caregivers under the AFDC-FC program.

Existing law requires, when a child is living with a parent who receives AFDC-FC or Kin-GAP benefits, that the rate paid to the foster care provider on behalf of the parent include an additional amount, known as an infant supplement, for the care and supervision of the child. Existing law requires the State Department of Social Services to adopt a uniform rate for the infant supplement for each category of eligible licensed community care facility. Existing law also requires that the infant supplement payment for a child living with a teen parent in a whole family foster home be equal to the basic foster family home rate.

This bill would require that the infant supplement payment be equal to the basic foster family home rate for any child living with a dependent or nonminor dependent parent whose caretaker receives AFDC-FC, Kin-Gap, or Approved Relative Caregiver Funding Option Program benefits. The bill would require the department to adopt regulations by July 1, 2017, setting forth new infant supplement rates for a child in a group home placement, short-term residential treatment facility, or in THP-Plus Foster Care. The bill would also make a pregnant minor or nonminor dependent eligible for the infant supplement for a specified period before the expected date of birth, subject to a verification of pregnancy. Because counties would administer these extended benefits, this bill would impose a state-mandated local program.

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.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. Existing law establishes a schedule of basic rates to be paid for the care and supervision of each foster child. Existing law also establishes the Kinship Guardianship Assistance Payment Program (Kin-GAP), which provides aid on behalf of eligible children who are placed in the home of a relative caretaker. Existing law prohibits the rate paid under the Kin-GAP program from exceeding the basic foster family home rate paid to caregivers under the AFDC-FC program.

Existing law requires, when a child is living with a parent who receives AFDC-FC or Kin-GAP benefits, that the rate paid to the foster care provider on behalf of the parent include an additional amount, known as an infant supplement, for the care and supervision of the child. Existing law requires the State Department of Social Services to adopt a uniform rate for the infant supplement for each category of eligible licensed community care facility. Existing law also requires that the infant supplement payment for a child living with a teen parent in a whole family foster home be equal to the basic foster family home rate.

This bill would require that the infant supplement payment be equal to the basic foster family home rate for any child living with a dependent or nonminor dependent parent who whose caretaker receives AFDC-FC or Kin-GAP benefits be equal to the basic foster family home rate. AFDC-FC, Kin-Gap, or Approved Relative Caregiver Funding Option Program benefits. The bill would require the department to adopt regulations by July 1, 2017, setting forth new infant supplement rates for a child in a group home placement, short-term residential treatment facility, or in THP-Plus Foster Care. The bill would also make a pregnant minor or nonminor dependent eligible for the infant supplement for a specified period before the expected date of birth, subject to a verification of pregnancy. Because counties would administer these extended benefits, this bill would impose a state-mandated local program.

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.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. Existing law establishes a schedule of basic rates to be paid for the care and supervision of each foster child. Existing law also establishes the Kinship Guardianship Assistance Payment Program (Kin-GAP), which provides aid on behalf of eligible children who are placed in the home of a relative caretaker. Existing law prohibits the rate paid under the Kin-GAP program from exceeding the basic foster family home rate paid to caregivers under the AFDC-FC program.

Existing law requires, when a child is living with a parent who receives AFDC-FC or Kin-GAP benefits, that the rate paid to the foster care provider on behalf of the parent include an additional amount, known as an infant supplement, for the care and supervision of the child. Existing law requires the State Department of Social Services to adopt a uniform rate for the infant supplement for each category of eligible licensed community care facility. Existing law also requires that the infant supplement payment for a child living with a teen parent in a whole family foster home be equal to the basic foster family home rate.

This bill would require that the infant supplement payment for any child living with a parent who receives AFDC-FC or Kin-GAP benefits be equal to the basic foster family home rate. The bill would also make a pregnant minor or nonminor dependent eligible for the infant supplement for a specified period before the expected date of birth, subject to a verification of pregnancy. Because counties would administer these extended benefits, this bill would impose a state-mandated local program.

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.

This bill would provide that no reimbursement is required by this act for a specified reason.

GOVERNOR'S VETO

GV Bill Id:AB 1838

Author:(Ting and Bonta)

As Enrolled Ver:August 31, 2016

2/3 vote

Original Committee Reference: HUM. S.

SUMMARY: Requires the infant supplement to be paid to a pregnant minor or nonminor dependent for the month in which the birth is anticipated and for the three months immediately prior, provided the pregnancy is verified, in order to meet the specialized needs of the pregnant minor or nonminor dependent and to properly prepare for the needs of the infant.

The Senate amendments:

1. Reduce the proposed amount of time a pregnant minor or nonminor dependent shall receive the infant supplement from six months to three months immediately prior to the month in which the birth is anticipated.
2. Delete provisions of the bill requiring that the infant supplement be equal to the basic foster family home rate, as specified, and be paid for the care and supervision of each child living with his or her dependent or nonminor dependent parent when the caretaker receives benefits on behalf of the parent.
3. Delete provisions requiring the infant supplement paid to a nonminor dependent parent residing in a supervised independent living placement, as specified, to be equal to the basic foster family home rate.
4. Reinsert provisions specifying current infant supplement rates and adjustments.
5. Delete provisions requiring the Department of Social Services (DSS), by July 1, 2017, to adopt regulations establishing new infant supplement rates for children living with their parents in a group home placement, short-term residential treatment center, or in Transitional Housing Placement-Plus Foster Care.
6. Make technical amendments.
7. Make chaptering amendments.

EXISTING LAW:

1. Permits the juvenile court to adjudge a child a dependent of the court for specified reasons, including, but not limited to, if a child has suffered or is at substantial risk of suffering serious physical harm, emotional damage, or sexual abuse, as specified. (Welfare and Institutions Code Section (WIC) 300)
2. States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being physically, sexually, or 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)
3. Declares the intent of the Legislature to, whenever possible, preserve and strengthen a child's family ties and, when a child must be removed from the physical custody of his or her parents, to give preferential consideration to placement with relatives. States the intent of the Legislature to reaffirm its commitment to children who are in out-of-home placement to live in the least restrictive family setting and as close to the child's family as possible, as specified. Further states the intent of the Legislature that all children live with a committed, permanent, nurturing family and states that services and supports should be tailored to meet the specific needs of the individual child and family being served, as specified. (WIC 16000)
4. Requires out-of-home placement of a child in foster care to be based upon selection of a safe setting that is the least restrictive family setting that promotes normal childhood experiences and the most appropriate setting that meets the child's individual needs, as specified. Further requires the selection of placement to consider, in order of priority, placement with: relatives, nonrelated extended family members, and tribal members; foster family homes, resource families, and nontreatment certified homes of foster family agencies; followed by treatment and intensive treatment certified homes of foster family agencies or multidimensional treatment foster care homes or therapeutic foster care homes; group care placements in the order of short-term residential treatment centers, group homes, community treatment facilities, and out-of-state residential treatment, as specified. (WIC 16501.1(d)(1))
5. Defines "nonminor dependent" as a current or former foster youth who is between18 and 21 years old, in foster care under the responsibility of the county welfare department, county probation department, or Indian Tribe, and participating in a transitional independent living plan, as specified. (WIC 11400(v))
6. Establishes Aid to Families with Families with Dependent Children-Foster Care (AFDC-FC) as aid provided on behalf of needy children in foster care, and specifies eligibility requirements. (WIC 11400 and 11402)
7. Establishes the federally subsidized and non-federally subsidized The Kinship Guardianship Assistance Payment (Kin-GAP) Programs to provide age to eligible dependent children and nonminors who have been residing for at least six consecutive months in the approved home of a relative guardian. (WIC 11360 et seq.)
8. Defines "kinship guardian" to mean a person who has been appointed legal guardian of a dependent child or ward of the juvenile court and is a relative of the child. (WIC 11362)
9. Establishes the (Approved Relative Caregiver (ARC) program as an optional program for counties for the purpose of making the amount paid to approved relative caregivers to care for non-federally-eligible children equal to the amount paid on behalf of children who are eligible. (WIC 11461.3)
10. Defines "Transitional Housing Program-Plus Foster Care" (THP+FC) to mean transitional housing program serving nonminor dependents between the ages of 18 and 21. (WIC 16522.1(a)(2))
11. Defines "whole family foster home" to mean a new or existing home that provides foster care for a minor or nonminor dependent parent and his or her child, and is specifically recruited and trained to assist the parenting foster youth in the development of the skills necessary to provide a safe, stable, and permanent home for his or her child, as specified. (WIC 11400)
12. Requires the AFDC-FC or Kin-GAP rate paid to a provider on behalf of a youth who has a child living with him or her to include an amount for care and supervision of that youth's child. (WIC 11465(a))

FISCAL EFFECT: According to the Senate Appropriations Committee on August 1, 2016, this bill may result in significant costs to DSS of $1.3 million ($0.9 million General Fund) for fiscal year 2016-17 and ongoing costs of $2.2 million ($1.5 million General Fund) for funding the supplement.

COMMENTS:

Child Welfare Services: The purpose of California's Child Welfare Services (CWS) system is to protect children from abuse and neglect and provide for their health and safety. When children are identified as being at risk of abuse, neglect or abandonment, county juvenile courts hold legal jurisdiction and children are served by the CWS system through the appointment of a social worker. Through this system, there are multiple opportunities for the custody of the child, or his or her placement outside of the home, to be evaluated, reviewed and determined by the judicial system, in consultation with the child's social worker, to help provide the best possible services and outcomes for the child. The CWS system seeks to help children who have been removed from their homes reunify with their parents or guardians, whenever appropriate, or unite them with other individuals they consider to be family.

Parenting foster youth and nonminor dependents: While comprehensive data on the size of the state's population of pregnant and parenting foster youth and nonminor dependents is currently lacking, evidence of higher pregnancy and parenting rates for foster youth exists. For example, recent research connecting Child Protective Services (CPS) data with birth records in California was able to link approximately 1.5 million California birth records (from 2000 to 2010) to 1 million CPS records. Using this linked data, researchers found that, of girls in foster care at the age of 17, more than one-quarter of them had given birth at least once during their teens. Of girls in foster care who had given birth at least once before the age of 18, over one-third had more than one birth in their teens. These findings were corroborated by a much smaller, more in-depth study that interviewed over 700 17-year-old foster youth and former foster youth in California. This study found that just over one-fourth of respondents had ever been pregnant, 30% of whom had been pregnant more than one time.

Teen pregnancy and parenthood have been found to be correlated with a number of social and economic consequences. Teen mothers are less likely to finish high school, more likely to live in poverty, and can face poorer health conditions than slightly older mothers. The children of teenage parents are then also more likely to live in poverty. They are also more likely to come into contact with the child welfare system. Importantly, teen pregnancy may not distinctly cause each of these outcomes, but instead leads to compounding and interrelated impacts, with diminished educational attainment contributing to decreased earnings and higher poverty levels, and other negative outcomes stemming from living in poverty. Moreover, the children of teen parents may not necessarily be more susceptible to abuse and neglect, but may instead have increased exposure to the child welfare system because teenagers may more often have their parenting questioned and because young parents may need greater support in raising their children.

Infant supplement: SB 510 (Seymour), Chapter 1066, Statutes of 1988, implemented federal requirements contained in the Omnibus Budget Reconciliation Act of 1987 stipulating that county welfare departments provide supplemental payments for the care of a child of a minor parent who lives with that parent in a foster placement. At the time, the supplemental amount – or "infant supplement" – was $326 per month per child; the amount paid for a child living with a minor parent in a group home was $708 per month per child. Today, 27 years later, these amounts are $411 and $890, respectively. The infant supplement is typically paid to the caregiver of the parenting dependent foster youth; however, nonminor dependents living in a Supervised Independent Living Program (SILP) receive the supplement directly.

Need for this bill: This bill permits a pregnant foster youth to begin receiving the infant supplement three months before the month of the due date with the goal of encouraging youth to disclose their pregnancy and thereby be able to obtain timely referrals to prenatal care, the Women, Infant and Children nutrition program, and other services and supports.

According to the author, "The number of pregnant and parenting dependents has increased significantly with the expansion of foster care to 21 in 2012, raising new questions about how California should address this small, but highly vulnerable population. [This bill] lends critical support to pregnant and parenting foster youth by expanding the existing infant supplement provided to parenting foster youth. This bill allows pregnant foster youth to receive the infant supplement three months prior to their due date to ensure better access to prenatal care."

GOVERNOR'S VETO MESSAGE:

I am returning the following five bills without my signature:

Assembly Bill 492

Assembly Bill 885

Assembly Bill 1584

Assembly Bill 1770

Assembly Bill 1838

Each of these bills make changes to a worthy program that results in increased funding, a few of which received increases in this year's budget. These bills are an end run of the budget process, and would commit us to spending an additional $240 million every year.

The budget process allows for all spending proposals to be weighed equally through public hearings, negotiations and, finally, approval of a balanced budget. This is the best way to evaluate and prioritize all new spending proposals, including those that increase the cost of existing programs. This process is even more important when the state's budget is precariously balanced.

The budget process begins again on January 10, 2017, which is the appropriate time to discuss these proposals.

Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089 FN: 0005096

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1838

Author:(Ting and Bonta)

As Amended Ver:August 16, 2016

Majority vote

Original Committee Reference: HUM. S.

SUMMARY: Requires the infant supplement to be paid to a pregnant minor or nonminor dependent for the month in which the birth is anticipated and for the three months immediately prior, provided the pregnancy is verified, in order to meet the specialized needs of the pregnant minor or nonminor dependent and to properly prepare for the needs of the infant.

The Senate amendments:

1. Reduce the proposed amount of time a pregnant minor or nonminor dependent shall receive the infant supplement from six months to three months immediately prior to the month in which the birth is anticipated.
2. Delete provisions of the bill requiring that the infant supplement be equal to the basic foster family home rate, as specified, and be paid for the care and supervision of each child living with his or her dependent or nonminor dependent parent when the caretaker receives benefits on behalf of the parent.
3. Delete provisions requiring the infant supplement paid to a nonminor dependent parent residing in a supervised independent living placement, as specified, to be equal to the basic foster family home rate.
4. Reinsert provisions specifying current infant supplement rates and adjustments.
5. Delete provisions requiring DSS, by July 1, 2017, to adopt regulations establishing new infant supplement rates for children living with their parents in a group home placement, short-term residential treatment center, or in Transitional Housing Placement-Plus Foster Care.
6. Make technical amendments.
7. Make chaptering amendments.

EXISTING LAW:

1. Permits the juvenile court to adjudge a child a dependent of the court for specified reasons, including, but not limited to, if a child has suffered or is at substantial risk of suffering serious physical harm, emotional damage, or sexual abuse, as specified. (Welfare and Institutions Code Section (WIC) 300)
2. States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being physically, sexually, or 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)
3. Declares the intent of the Legislature to, whenever possible, preserve and strengthen a child's family ties and, when a child must be removed from the physical custody of his or her parents, to give preferential consideration to placement with relatives. States the intent of the Legislature to reaffirm its commitment to children who are in out-of-home placement to live in the least restrictive family setting and as close to the child's family as possible, as specified. Further states the intent of the Legislature that all children live with a committed, permanent, nurturing family and states that services and supports should be tailored to meet the specific needs of the individual child and family being served, as specified. (WIC 16000)
4. Requires out-of-home placement of a child in foster care to be based upon selection of a safe setting that is the least restrictive family setting that promotes normal childhood experiences and the most appropriate setting that meets the child's individual needs, as specified. Further requires the selection of placement to consider, in order of priority, placement with: relatives, nonrelated extended family members, and tribal members; foster family homes, resource families, and nontreatment certified homes of foster family agencies; followed by treatment and intensive treatment certified homes of foster family agencies or multidimensional treatment foster care homes or therapeutic foster care homes; group care placements in the order of short-term residential treatment centers, group homes, community treatment facilities, and out-of-state residential treatment, as specified. (WIC 16501.1(d)(1))
5. Defines "nonminor dependent" as a current or former foster youth who is between18 and 21 years old, in foster care under the responsibility of the county welfare department, county probation department, or Indian Tribe, and participating in a transitional independent living plan, as specified. (WIC 11400(v))
6. Establishes Aid to Families with Families with Dependent Children-Foster Care (AFDC-FC) as aid provided on behalf of needy children in foster care, and specifies eligibility requirements. (WIC 11400 and 11402)
7. Establishes the federally subsidized and non-federally subsidized The Kinship Guardianship Assistance Payment (Kin-GAP) Programs to provide age to eligible dependent children and nonminors who have been residing for at least six consecutive months in the approved home of a relative guardian. (WIC 11360 et seq.)
8. Defines "kinship guardian" to mean a person who has been appointed legal guardian of a dependent child or ward of the juvenile court and is a relative of the child. (WIC 11362)
9. Establishes the (Approved Relative Caregiver (ARC) program as an optional program for counties for the purpose of making the amount paid to approved relative caregivers to care for non-federally-eligible children equal to the amount paid on behalf of children who are eligible. (WIC 11461.3)
10. Defines "Transitional Housing Program-Plus Foster Care" (THP+FC) to mean transitional housing program serving nonminor dependents between the ages of 18 and 21. (WIC 16522.1(a)(2))
11. Defines "whole family foster home" to mean a new or existing home that provides foster care for a minor or nonminor dependent parent and his or her child, and is specifically recruited and trained to assist the parenting foster youth in the development of the skills necessary to provide a safe, stable, and permanent home for his or her child, as specified. (WIC 11400)
12. Requires the AFDC-FC or Kin-GAP rate paid to a provider on behalf of a youth who has a child living with him or her to include an amount for care and supervision of that youth's child. (WIC 11465(a))

FISCAL EFFECT: According to the Senate Appropriations Committee on August 1, 2016, this bill may result in significant costs to DSS of $1.3 million ($0.9 million General Fund) for fiscal year 2016-17 and ongoing costs of $2.2 million ($1.5 million General Fund) for funding the supplement.

COMMENTS:

Child Welfare Services: The purpose of California's Child Welfare Services (CWS) system is to protect children from abuse and neglect and provide for their health and safety. When children are identified as being at risk of abuse, neglect or abandonment, county juvenile courts hold legal jurisdiction and children are served by the CWS system through the appointment of a social worker. Through this system, there are multiple opportunities for the custody of the child, or his or her placement outside of the home, to be evaluated, reviewed and determined by the judicial system, in consultation with the child's social worker, to help provide the best possible services and outcomes for the child. The CWS system seeks to help children who have been removed from their homes reunify with their parents or guardians, whenever appropriate, or unite them with other individuals they consider to be family.

Parenting foster youth and nonminor dependents: While comprehensive data on the size of the state's population of pregnant and parenting foster youth and nonminor dependents is currently lacking, evidence of higher pregnancy and parenting rates for foster youth exists. For example, recent research connecting Child Protective Services (CPS) data with birth records in California was able to link approximately 1.5 million California birth records (from 2000 to 2010) to 1 million CPS records. Using this linked data, researchers found that, of girls in foster care at the age of 17, more than one-quarter of them had given birth at least once during their teens. Of girls in foster care who had given birth at least once before the age of 18, over one-third had more than one birth in their teens. These findings were corroborated by a much smaller, more in-depth study that interviewed over 700 17-year-old foster youth and former foster youth in California. This study found that just over one-fourth of respondents had ever been pregnant, 30% of whom had been pregnant more than one time.

Teen pregnancy and parenthood have been found to be correlated with a number of social and economic consequences. Teen mothers are less likely to finish high school, more likely to live in poverty, and can face poorer health conditions than slightly older mothers. The children of teenage parents are then also more likely to live in poverty. They are also more likely to come into contact with the child welfare system. Importantly, teen pregnancy may not distinctly cause each of these outcomes, but instead leads to compounding and interrelated impacts, with diminished educational attainment contributing to decreased earnings and higher poverty levels, and other negative outcomes stemming from living in poverty. Moreover, the children of teen parents may not necessarily be more susceptible to abuse and neglect, but may instead have increased exposure to the child welfare system because teenagers may more often have their parenting questioned and because young parents may need greater support in raising their children.

Infant supplement: SB 510 (Seymour), Chapter 1066, Statutes of 1988, implemented federal requirements contained in the Omnibus Budget Reconciliation Act of 1987 stipulating that county welfare departments provide supplemental payments for the care of a child of a minor parent who lives with that parent in a foster placement. At the time, the supplemental amount – or "infant supplement" – was $326 per month per child; the amount paid for a child living with a minor parent in a group home was $708 per month per child. Today, 27 years later, these amounts are $411 and $890, respectively. The infant supplement is typically paid to the caregiver of the parenting dependent foster youth; however, nonminor dependents living in a Supervised Independent Living Program (SILP) receive the supplement directly.

Need for this bill: This bill permits a pregnant foster youth to begin receiving the infant supplement three months before the month of the due date with the goal of encouraging youth to disclose their pregnancy and thereby be able to obtain timely referrals to prenatal care, the Women, Infant and Children nutrition program, and other services and supports.

According to the author, "The number of pregnant and parenting dependents has increased significantly with the expansion of foster care to 21 in 2012, raising new questions about how California should address this small, but highly vulnerable population. [This bill] lends critical support to pregnant and parenting foster youth by expanding the existing infant supplement provided to parenting foster youth. This bill allows pregnant foster youth to receive the infant supplement three months prior to their due date to ensure better access to prenatal care."

Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089 FN: 0004451

 THIRD READING  

Bill No: AB 1838

Author:

:

Vote:

SENATE HUMAN SERVICES COMMITTEE: 5-0, 6/28/16

AYES: McGuire, Berryhill, Hancock, Liu, Nguyen

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/11/16

AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

ASSEMBLY FLOOR: 80-0, 6/1/16 - See last page for vote

SUBJECT:

SOURCE: Children’s Law Center

First Place for Youth

DIGEST: This bill makes a pregnant minor or nonminor dependent eligible for a foster care payment for their child during the last three months before the expected date of birth, as specified, subject to a verification of pregnancy.

Senate Floor Amendments of 8/16/16 resolve chaptering conflicts with AB 1997 (Stone).

ANALYSIS:

Existing law:

1. Establishes the child welfare system under which a child may be made a dependent of the juvenile court because the child has suffered, or there is a substantial risk that the child will suffer, serious physical harm inflicted non-accidentally upon the child by the child’s parent or guardian. (WIC 300)
2. Requires that foster care providers shall be paid a monthly rate per child to care for and supervise a foster child, establishes the California Department of Social Services (CDSS) as the single statewide rate-setting agency, as specified, and sets statewide rates for care, as specified. (WIC 11460 et seq.)
3. Establishes various supplemental rates including a “specialized care increment” rate for a foster or relative home on behalf of a child requiring specialized care in addition to the basic AFDC-FC rate, a supplemental rate for foster children to be placed with their siblings, a rate differential to address the extraordinary care and supervision needs of children who are both in the foster care system and clients of regional centers, and others. (WIC 11461 (e)) (WIC 11461.5. (a)) (WIC 11464 (a)(2))
4. Requires the rate paid to a provider on behalf of a youth who has a child living with him or her to include an amount for care and supervision of that youth's child, as specified. (WIC 11465(a))
5. Establishes an infant supplement rate for a young child living with a dependent teenage parent in a group home or short term residential treatment center (WIC 11465)
6. Defines "whole family foster home" as one that provides foster care for a minor or nonminor dependent parent and his or her child, and specifies the provider is specifically recruited and trained to assist the parenting foster youth in the development of the skills necessary to provide a safe, stable, and permanent home for his or her child, as specified, Sets the rate for the child of a teen parent as being equal to the basic rate for a foster child placed in a licensed or approved home. (WIC 11400, WIC 11465 (d))
7. Requires that the rate paid for a child living with a teen parent in a whole family foster home shall also be paid for a child living with a nonminor dependent parent who is eligible to receive AFDC-FC or Kin-GAP, as specified. (WIC 11465 (d)(6))
8. Defines THP-Plus foster care to be a program for minor and nonminor dependents to provide supervised housing for young adults. Criteria for admission to the program includes consideration of the applicant’s age, previous placement history, delinquency history, history of drug or alcohol abuse, current strengths, level of education, mental health history, medical history, prospects for successful participation in the program, and work experience. Prohibits automatic exclusion for youth who are wards of the delinquency court or are receiving psychotropic medications. (WIC 16522.1)

This bill:

1. Requires that the rate paid for a pregnant minor or nonminor dependent for the month in which the birth is anticipated and for the three-month period immediately prior to the month in which the birth is anticipated shall include the amount that would otherwise be paid under this section to cover the care and supervision of a child, if born.
2. Requires that any amount paid pursuant to this subdivision shall be used to meet the specialized needs of the pregnant minor or nonminor dependent and to properly prepare for the needs of the infant.
3. Requires the pregnancy be verified as a condition of eligibility for aid.

Background

California’s county-based child welfare system is designed to protect children at risk of child abuse and neglect or exploitation by providing intensive services to families to allow children to remain in their homes, or by arranging temporary or permanent placement of the child in the safest and least restrictive environment possible. Approximately 62,000 children and youth in California are in foster care or roughly 1 in 7 foster children nationwide.

Parenting youth in foster care. Approximately one-third of the children in foster care are adolescents of reproductive age (14–20 years). These youth are distinct from the general U.S. adolescent population in terms of sexual risk behaviors. Foster care is associated with younger age at first intercourse, greater number of sexual partners, and low contraceptive use.

According to researchers at the University of Chicago’s Chapin Hall, by age 19, nearly one-half of young women who had been involved with the foster care system had been pregnant, and nearly one third had given birth. In the same study of the 19-year-old foster youth who had ever been pregnant, 46 percent had been pregnant more than once. By age 19, nearly one third of the young women in the study had given birth, compared with 12 percent of the nationally representative sample of 19-year-old females in the National Longitudinal Study of Adolescent Health. Notably, the parenting rate for boys who were in foster care was also disproportionately high: 14 percent of the 19-year-old young men reported that they had at least one child, more than double the percentage among all teens.

A 2015 study of parenting dependents in California found that they were 52 percent less likely to be employed at exit from foster care than nonparents, with earnings 55 percent less than nonparents. Chapin Hall researchers have used this data to urge consideration of additional prevention efforts for foster youth.

Foster care payment rates. In June 2004, the federal Administration for Children and Families issued a policy clarification which indicated that two separate AFDC-FC foster care payments may be paid on behalf of a minor parent and her child living in the same foster care facility as long as they are both dependents of the court, meet eligibility criteria, and reunification services are being provided. In response, California created a Whole Family Foster Home, which provides a parenting youth in foster care with what is intended to be a supportive and nurturing placement for both the teen and their child, with caregivers who assist the teen parent in their transition to independence. Subsequent legislation provides the same rate to minor or nonminor foster youth who are parents and living independently.

Related/Prior Legislation

SB 500 (Keuhl, Chapter 630, Statutes of 2005) established the Whole Family Home, established a second caregiver payment for the child of a foster youth, and created the requirement for a shared responsibility plan between the foster caregiver and the dependent parent.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to an analysis by the Senate Appropriations Committee, this bill will have significant costs to the CDSS of $1.3 million ($0.9 million GF) for fiscal year 2016-17 and ongoing costs of $2.2 million ($1.5 million GF). The analysis noted that there were 803 cases receiving the infant supplement payment in September 2015. Under this bill, each case would receive a $900 infant supplement per month for the three months prior to the anticipated birth as well as the month of the anticipated birth. However, an unborn child is not eligible for federal funding for an infant supplement under Title IV-E foster care funds. The infant supplement for the three months prior to the anticipated birth would be wholly funded by the state General Fund.

SUPPORT: (Verified 8/11/16)

Children’s Law Center (co-source)

First Place for Youth (co-source)

A Better Way, Inc.

Abode Services

Advokids

Aspiranet

Beyond Emancipation

California CASA Association

California Youth Connection

Casa de Amparo

CASA of Alameda County

CASA of Santa Cruz County

Children Now

Children’s Law Center

County of Santa Clara Department of Family and Children’s Services

Covenant Community Services

Covenant Community Services CHOICES THP

David and Margaret Youth and Family Services

Families Now

Fred Finch Youth Center

Hillsides

iFoster

National Association of Social Workers

National Center for Youth Law

New Alternatives

Peacock Acres

Public Counsel’s Children’s rights Project

Redwood Community Action Agency’s Youth Service Bureau

Santa Clara County Social Services

St. Anne’s

Star Vista

The Alliance for Children’s Rights

The California Alliance of Child and Family Services

The John Burton Foundation for Children Without Homes

Tipping Point Community

VOICES Youth Centers of California

Youth Law Center

OPPOSITION: (Verified 8/11/16)

None received

ARGUMENTS IN SUPPORT: The Children’s Law Center of California writes in support of this bill that pregnant and parenting foster youth face a range of challenges that put them and their children at risk of poverty, poor health and low-educational attainment. “Their numbers are not large but they obstacles they face are serious. … After giving birth, parenting foster youth and their children frequently confront inadequate resources, limited support and vulnerability to homelessness.” CLC states that this bill will address these issues and give young families in foster care the opportunity to succeed.

ASSEMBLY FLOOR: 80-0, 6/1/16

AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon

Prepared by:

8/17/16 15:09:01

**** END ****

 THIRD READING  

Bill No: AB 1838

Author:

:

Vote:

SENATE HUMAN SERVICES COMMITTEE: 5-0, 6/28/16

AYES: McGuire, Berryhill, Hancock, Liu, Nguyen

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/11/16

AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

ASSEMBLY FLOOR: 80-0, 6/1/16 - See last page for vote

SUBJECT:

SOURCE: Children’s Law Center

First Place for Youth

DIGEST: This bill makes a pregnant minor or nonminor dependent eligible for a foster care payment for their child during the last three months before the expected date of birth, as specified, subject to a verification of pregnancy.

ANALYSIS:

Existing law:

1. Establishes the child welfare system under which a child may be made a dependent of the juvenile court because the child has suffered, or there is a substantial risk that the child will suffer, serious physical harm inflicted non-accidentally upon the child by the child’s parent or guardian. (WIC 300)
2. Requires that foster care providers shall be paid a monthly rate per child to care for and supervise a foster child, establishes the California Department of Social Services (CDSS) as the single statewide rate-setting agency, as specified, and sets statewide rates for care, as specified. (WIC 11460 et seq.)
3. Establishes various supplemental rates including a “specialized care increment” rate for a foster or relative home on behalf of a child requiring specialized care in addition to the basic AFDC-FC rate, a supplemental rate for foster children to be placed with their siblings, a rate differential to address the extraordinary care and supervision needs of children who are both in the foster care system and clients of regional centers, and others. (WIC 11461 (e)) (WIC 11461.5. (a)) (WIC 11464 (a)(2))
4. Requires the rate paid to a provider on behalf of a youth who has a child living with him or her to include an amount for care and supervision of that youth's child, as specified. (WIC 11465(a))
5. Establishes an infant supplement rate for a young child living with a dependent teenage parent in a group home or short term residential treatment center (WIC 11465)
6. Defines "whole family foster home" as one that provides foster care for a minor or nonminor dependent parent and his or her child, and specifies the provider is specifically recruited and trained to assist the parenting foster youth in the development of the skills necessary to provide a safe, stable, and permanent home for his or her child, as specified, Sets the rate for the child of a teen parent as being equal to the basic rate for a foster child placed in a licensed or approved home. (WIC 11400, WIC 11465 (d))
7. Requires that the rate paid for a child living with a teen parent in a whole family foster home shall also be paid for a child living with a nonminor dependent parent who is eligible to receive AFDC-FC or Kin-GAP, as specified. (WIC 11465 (d)(6))
8. Defines THP-Plus foster care to be a program for minor and nonminor dependents to provide supervised housing for young adults. Criteria for admission to the program includes consideration of the applicant’s age, previous placement history, delinquency history, history of drug or alcohol abuse, current strengths, level of education, mental health history, medical history, prospects for successful participation in the program, and work experience. Prohibits automatic exclusion for youth who are wards of the delinquency court or are receiving psychotropic medications. (WIC 16522.1)

This bill:

1. Requires that the rate paid for a pregnant minor or nonminor dependent for the month in which the birth is anticipated and for the three-month period immediately prior to the month in which the birth is anticipated shall include the amount that would otherwise be paid under this section to cover the care and supervision of a child, if born.
2. Requires that any amount paid pursuant to this subdivision shall be used to meet the specialized needs of the pregnant minor or nonminor dependent and to properly prepare for the needs of the infant.
3. Requires the pregnancy be verified as a condition of eligibility for aid.

Background

California’s county-based child welfare system is designed to protect children at risk of child abuse and neglect or exploitation by providing intensive services to families to allow children to remain in their homes, or by arranging temporary or permanent placement of the child in the safest and least restrictive environment possible. Approximately 62,000 children and youth in California are in foster care or roughly 1 in 7 foster children nationwide.

Parenting youth in foster care. Approximately one-third of the children in foster care are adolescents of reproductive age (14–20 years). These youth are distinct from the general U.S. adolescent population in terms of sexual risk behaviors. Foster care is associated with younger age at first intercourse, greater number of sexual partners, and low contraceptive use.

According to researchers at the University of Chicago’s Chapin Hall, by age 19, nearly one-half of young women who had been involved with the foster care system had been pregnant, and nearly one third had given birth. In the same study of the 19-year-old foster youth who had ever been pregnant, 46 percent had been pregnant more than once. By age 19, nearly one third of the young women in the study had given birth, compared with 12 percent of the nationally representative sample of 19-year-old females in the National Longitudinal Study of Adolescent Health. Notably, the parenting rate for boys who were in foster care was also disproportionately high: 14 percent of the 19-year-old young men reported that they had at least one child, more than double the percentage among all teens.

A 2015 study of parenting dependents in California found that they were 52 percent less likely to be employed at exit from foster care than nonparents, with earnings 55 percent less than nonparents. Chapin Hall researchers have used this data to urge consideration of additional prevention efforts for foster youth.

Foster care payment rates. In June 2004, the federal Administration for Children and Families issued a policy clarification which indicated that two separate AFDC-FC foster care payments may be paid on behalf of a minor parent and her child living in the same foster care facility as long as they are both dependents of the court, meet eligibility criteria, and reunification services are being provided. In response, California created a Whole Family Foster Home, which provides a parenting youth in foster care with what is intended to be a supportive and nurturing placement for both the teen and their child, with caregivers who assist the teen parent in their transition to independence. Subsequent legislation provides the same rate to minor or nonminor foster youth who are parents and living independently.

Related/Prior Legislation

SB 500 (Keuhl, Chapter 630, Statutes of 2005) established the Whole Family Home, established a second caregiver payment for the child of a foster youth, and created the requirement for a shared responsibility plan between the foster caregiver and the dependent parent.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to an analysis by the Senate Appropriations Committee, this bill will have significant costs to the CDSS of $1.3 million ($0.9 million GF) for fiscal year 2016-17 and ongoing costs of $2.2 million ($1.5 million GF). The analysis noted that there were 803 cases receiving the infant supplement payment in September 2015. Under this bill, each case would receive a $900 infant supplement per month for the three months prior to the anticipated birth as well as the month of the anticipated birth. However, an unborn child is not eligible for federal funding for an infant supplement under Title IV-E foster care funds. The infant supplement for the three months prior to the anticipated birth would be wholly funded by the state General Fund.

SUPPORT: (Verified 8/11/16)

Children’s Law Center (co-source)

First Place for Youth (co-source)

A Better Way, Inc.

Abode Services

Advokids

Aspiranet

Beyond Emancipation

California CASA Association

California Youth Connection

Casa de Amparo

CASA of Alameda County

CASA of Santa Cruz County

Children Now

Children’s Law Center

County of Santa Clara Department of Family and Children’s Services

Covenant Community Services

Covenant Community Services CHOICES THP

David and Margaret Youth and Family Services

Families Now

Fred Finch Youth Center

Hillsides

iFoster

National Association of Social Workers

National Center for Youth Law

New Alternatives

Peacock Acres

Public Counsel’s Children’s rights Project

Redwood Community Action Agency’s Youth Service Bureau

Santa Clara County Social Services

St. Anne’s

Star Vista

The Alliance for Children’s Rights

The California Alliance of Child and Family Services

The John Burton Foundation for Children Without Homes

Tipping Point Community

VOICES Youth Centers of California

Youth Law Center

OPPOSITION: (Verified 8/11/16)

None received

ARGUMENTS IN SUPPORT: The Children’s Law Center of California writes in support of this bill that pregnant and parenting foster youth face a range of challenges that put them and their children at risk of poverty, poor health and low-educational attainment. “Their numbers are not large but they obstacles they face are serious. … After giving birth, parenting foster youth and their children frequently confront inadequate resources, limited support and vulnerability to homelessness.” CLC states that this bill will address these issues and give young families in foster care the opportunity to succeed.

ASSEMBLY FLOOR: 80-0, 6/1/16

AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon

Prepared by:

8/15/16 19:36:07

**** END ****

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 1838 (Ting) - Foster care: infant supplement: pregnancy prevention

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 1838 would make a pregnant minor or nonminor dependent eligible for the infant supplement for a specified period before the expected date of birth, subject to a verification of pregnancy, as specified.

Fiscal Impact:

Significant costs to the Department of Social Services of $1.3 million ($0.9 million GF) for fiscal year 2016-17 and ongoing costs of $2.2 million ($1.5 million GF) for funding the supplement. (See Staff Comments)

Background:

According to the author and sponsors of this bill, the purpose of this bill is to increase the likelihood that a foster youth will receive prenatal medical care and other supports during pregnancy by providing the infant supplement rate to pregnant minor and nonminor dependents.

According to a 2016 study from UC Berkeley, approximately one-third of youth in foster care are adolescents of reproductive age (14-20 years-old), and as compared to the general U.S. population of the same age, are associated with younger age at first intercourse, greater number of sexual partners, and lower contraceptive use. According to a 2014 CalYOUTH study, 26% of female foster youth had been pregnant by age 17, compared to 10% in the general population. This study also reported that 20% of pregnant foster youth did not receive any prenatal care during their pregnancy.

The Aid to Families with Dependent Children-Foster Care (AFDC-FC) program provides cash benefits to foster care providers on behalf of qualified children in foster care. AFDC-FC specifies that two separate foster care payments may be paid on behalf of a minor parent and his or her child living in the same foster care facility as long as they are both dependents of the court and meet other eligibility criteria. Existing law requires that an infant supplement, an additional amount paid to the foster care provider on behalf of a dependent parent, for the care and supervision of a child is equal to the basic foster family home rate.

Proposed Law:

This bill would require that the infant supplement rate for a pregnant minor or nonminor for the month in which the birth is anticipated and for the three-month period immediately prior to the month in which the birth is anticipated include the amount that would otherwise be paid to cover the care and supervision of a child, if born. This bill would require that, upon verification of pregnancy, any supplement paid on behalf of a pregnant dependent be used to meet the specialized needs of the pregnant minor or nonminor dependent and to properly prepare for the needs of the infant.

Related Legislation:

AB 1603 (Assembly Committee on Budget, Chapter 25, Statutes of 2016) requires the infant supplement rate to be increased by $489 per month, if funding for this purpose is appropriated in the annual Budget Act.

Staff Comments:

Fiscal estimates were based on point-in-time AFDC-FC and Kinship Guardianship Assistance Payment (Kin-GAP) cases receiving the infant supplement in September 2015, which was 803. Under AB 1838, each of the 803 cases would receive a $900 infant supplement per month for the three months prior to the anticipated birth as well as the month of the anticipated birth. However, an unborn child is not eligible for federal funding for an infant supplement under Title IV-E foster care funds. The infant supplement for the three months prior to the anticipated birth would be wholly funded by the state General Fund.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1838

Author:(Ting and Bonta)

As Ver:May 27, 2016

Majority vote

SUMMARY: Increases the infant supplement paid for the care and supervision of the children of foster youth, provides for receipt of the infant supplement for the six months preceding birth, and directs the Department of Social Services (DSS) to adopt regulations establishing new infant supplement rates for specified placements. Specifically, this bill:

1. Requires that the infant supplement to be equal to the basic foster family home rate, as specified, and to be paid for the care and supervision of each child living with his or her dependent or nonminor dependent parent when the caretaker receives Aid to Families with Dependent Children-Foster Care (AFDC-FC), Kinship Guardianship Assistance Payment (Kin-GAP), or Approved Relative Caregiver (ARC) benefits on behalf of the parent.
2. Requires the infant supplement paid to a nonminor dependent parent residing in a supervised independent living placement, as specified, to be equal to the basic foster family home rate.
3. Deletes provisions specifying current infant supplement rates and adjustments.
4. Requires the DSS, by July 1, 2017, to adopt regulations establishing new infant supplement rates for children living with their parents in a group home placement, short-term residential treatment center, or in Transitional Housing Placement-Plus Foster Care.
5. Requires the infant supplement to be paid to a pregnant minor or nonminor dependent for the month in which the birth is anticipated and for the six months immediately prior, provided the pregnancy is verified. Further specifies that such payments shall be for the purposes of meeting the specialized needs of the pregnant minors or nonminor dependents and to properly prepare for the needs of the infant.
6. Makes conforming technical amendments.

EXISTING LAW:

1. Permits the juvenile court to adjudge a child a dependent of the court for specified reasons, including, but not limited to, if a child has suffered or is at substantial risk of suffering serious physical harm, emotional damage, or sexual abuse, as specified. (Welfare and Institutions Code Section (WIC) 300)
2. States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being physically, sexually, or 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)
3. Declares the intent of the Legislature to, whenever possible, preserve and strengthen a child's family ties and, when a child must be removed from the physical custody of his or her parents, to give preferential consideration to placement with relatives. States the intent of the Legislature to reaffirm its commitment to children who are in out-of-home placement to live in the least restrictive family setting and as close to the child's family as possible, as specified. Further states the intent of the Legislature that all children live with a committed, permanent, nurturing family and states that services and supports should be tailored to meet the specific needs of the individual child and family being served, as specified. (WIC 16000)
4. Requires out-of-home placement of a child in foster care to be based upon selection of a safe setting that is the least restrictive family setting that promotes normal childhood experiences and the most appropriate setting that meets the child's individual needs, as specified. Further requires the selection of placement to consider, in order of priority, placement with: relatives, nonrelated extended family members, and tribal members; foster family homes, resource families, and nontreatment certified homes of foster family agencies; followed by treatment and intensive treatment certified homes of foster family agencies or multidimensional treatment foster care homes or therapeutic foster care homes; group care placements in the order of short-term residential treatment centers, group homes, community treatment facilities, and out-of-state residential treatment, as specified. (WIC 16501.1(d)(1))
5. Defines "nonminor dependent" as a current or former foster youth who is between18 and 21 years old, in foster care under the responsibility of the county welfare department, county probation department, or Indian Tribe, and participating in a transitional independent living plan, as specified. (WIC 11400(v))
6. Establishes Aid to Families with AFDC-FC as aid provided on behalf of needy children in foster care, and specifies eligibility requirements. (WIC 11400 and 11402)
7. Establishes the federally subsidized and non-federally subsidized Kin-GAP Programs to provide age to eligible dependent children and nonminors who have been residing for at least six consecutive months in the approved home of a relative guardian. (WIC 11360 et seq.)
8. Defines "kinship guardian" to mean a person who has been appointed legal guardian of a dependent child or ward of the juvenile court and is a relative of the child. (WIC 11362)
9. Establishes the ARC program as an optional program for counties for the purpose of making the amount paid to approved relative caregivers to care for non-federally-eligible children equal to the amount paid on behalf of children who are eligible. (WIC 11461.3)
10. Defines "Transitional Housing Program-Plus Foster Care" (THP+FC) to mean transitional housing program serving nonminor dependents between the ages of 18 and 21. (WIC 16522.1(a)(2))
11. Defines "whole family foster home" to mean a new or existing home that provides foster care for a minor or nonminor dependent parent and his or her child, and is specifically recruited and trained to assist the parenting foster youth in the development of the skills necessary to provide a safe, stable, and permanent home for his or her child, as specified. (WIC 11400)
12. Requires the AFDC-FC or Kin-GAP rate paid to a provider on behalf of a youth who has a child living with him or her to include an amount for care and supervision of that youth's child. (WIC 11465(a))

FISCAL EFFECT: According to the Assembly Appropriations Committee, this bill may result in a one-time cost of $3.1 million ($2.8 million General Fund) for Fiscal Year (FY) 2016-17, and on-going annual cost of $6.2 million ($5.5 million General Fund) beginning in FY 2017-18 to increase the infant supplement rate for all the foster youth covered in the bill.

COMMENTS:

Child Welfare Services: The purpose of California's Child Welfare Services (CWS) system is to protect children from abuse and neglect and provide for their health and safety. When children are identified as being at risk of abuse, neglect or abandonment, county juvenile courts hold legal jurisdiction and children are served by the CWS system through the appointment of a social worker. Through this system, there are multiple opportunities for the custody of the child, or his or her placement outside of the home, to be evaluated, reviewed and determined by the judicial system, in consultation with the child's social worker, to help provide the best possible services and outcomes for the child. The CWS system seeks to help children who have been removed from their homes reunify with their parents or guardians, whenever appropriate, or unite them with other individuals they consider to be family.

Parenting foster youth and nonminor dependents: While comprehensive data on the size of the state's population of pregnant and parenting foster youth and nonminor dependents is currently lacking, evidence of higher pregnancy and parenting rates for foster youth exists. For example, recent research connecting Child Protective Services (CPS) data with birth records in California was able to link approximately 1.5 million California birth records (from 2000 to 2010) to 1 million CPS records. Using this linked data, researchers found that, of girls in foster care at the age of 17, more than one-quarter of them had given birth at least once during their teens. Of girls in foster care who had given birth at least once before the age of 18, over one-third had more than one birth in their teens. These findings were corroborated by a much smaller, more in-depth study that interviewed over 700 17-year-old foster youth and former foster youth in California. This study found that just over one-fourth of respondents had ever been pregnant; 30% of whom had been pregnant more than one time.

Teen pregnancy and parenthood have been found to be correlated with a number of social and economic consequences. Teen mothers are less likely to finish high school, more likely to live in poverty, and can face poorer health conditions than slightly older mothers. The children of teenage parents are then also more likely to live in poverty. They are also more likely to come into contact with the child welfare system. Importantly, teen pregnancy may not distinctly cause each of these outcomes, but instead leads to compounding and interrelated impacts, with diminished educational attainment contributing to decreased earnings and higher poverty levels, and other negative outcomes stemming from living in poverty. Moreover, the children of teen parents may not necessarily be more susceptible to abuse and neglect, but may instead have increased exposure to the child welfare system because teenagers may more often have their parenting questioned and because young parents may need greater support in raising their children.

Infant supplement: SB 510 (Seymour), Chapter 1066, Statutes of 1988, implemented federal requirements contained in the Omnibus Budget Reconciliation Act of 1987 stipulating that county welfare departments provide supplemental payments for the care of a child of a minor parent who lives with that parent in a foster placement. At the time, the supplemental amount – or "infant supplement" – was $326 per month per child; the amount paid for a child living with a minor parent in a group home was $708 per month per child. Today, 27 years later, these amounts are $411 and $890, respectively. The infant supplement is typically paid to the caregiver of the parenting dependent foster youth; however, nonminor dependents living in a Supervised Independent Living Program (SILP) receive the supplement directly.

Need for this bill: This bill seeks to increase the infant supplement from $411 to the basic foster family home rate of $688 per month for children under the age of five in order to better help meet the child's needs. It also permits a pregnant foster youth to begin receiving the supplement six months before the due date with the goal of encouraging youth to disclose their pregnancy and thereby be able to obtain timely referrals to prenatal care, the Women, Infant and Children nutrition program, and other services and supports. Lastly, this bill directs DSS to establish a new infant supplement rate for group homes, short-term residential treatment centers, and THP+FC providers.

According to the author, "The number of pregnant and parenting dependents has increased significantly with the expansion of foster care to 21 in 2012, raising new questions about how California should address this small, but highly vulnerable population. [This bill] lends critical support to pregnant and parenting foster youth by expanding the existing infant supplement provided to parenting foster youth. This bill allows pregnant foster youth to receive the infant supplement six months prior to their due date to ensure better access to prenatal care, increases the supplement to match the existing basic stipend for foster youth caregivers, and establishes an infant supplement for group homes and other providers caring for youth parents."

Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089 FN: 0003252

Date of Hearing: April 20, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 1838

Author:(Ting) – As Amended Ver:March 16, 2016

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY: This bill increases the infant supplement paid for the care and supervision of the children of foster youth, provides for receipt of the infant supplement for the six months preceding birth, and directs the Department of Social Services (DSS) to adopt regulations establishing new infant supplement rates for specified placements. Specifically, this bill:

1. Requires that the infant supplement be equal to the basic foster family home rate, as specified, and to be paid for the care and supervision of each child living with his or her dependent or nonminor dependent parent when the caretaker receives Aid to Families with Dependent Children-Foster Care (AFDC-FC), Kinship Guardianship Assistance Payment (Kin-GAP), or Approved Relative Caregiver (ARC) benefits on behalf of the parent.
2. Requires the infant supplement paid to a nonminor dependent parent residing in a supervised independent living placement, as specified, to be equal to the basic foster family home rate.
3. Requires the DSS, by July 1, 2017, to adopt regulations establishing new infant supplement rates for children living with their parents in a group home placement, short-term residential treatment center, or in Transitional Housing Placement-Plus Foster Care.
4. Requires the infant supplement to be paid to a pregnant minor or nonminor dependent for the month in which the birth is anticipated and for the six months immediately prior, provided the pregnancy is verified. Further specifies that such payments shall be for the purposes of meeting the specialized needs of the pregnant minors or nonminor dependents and to properly prepare for the needs of the infant.

FISCAL EFFECT:

One-time cost of $ $3.1 million ($2.8 million GF) for FY 2016-17, and on-going annual cost of $6.2 million ($5.5 million GF) beginning in FY 2017-18 to increase the infant supplement rate for all the foster youth covered in the bill.

COMMENTS:

1. Purpose. According to the author, “The number of pregnant and parenting dependents has increased significantly with the expansion of foster care to 21 in 2012, raising new questions about how California should address this small, but highly vulnerable population. This bill lends critical support to pregnant and parenting foster youth by expanding the existing infant supplement provided to parenting foster youth. This bill allows pregnant foster youth to receive the infant supplement six months prior to their due date to ensure better access to prenatal care, increases the supplement to match the existing basic stipend for foster youth caregivers, and establishes an infant supplement for group homes and other providers caring for youth parents.”
2. Background. SB 510 (Seymour), Chapter 1066, Statutes of 1988, implemented federal requirements stipulating that county welfare departments provide supplemental payments for the care of a child of a minor parent who lives with that parent in a foster placement. At the time, the supplemental amount – or “infant supplement” – was $326 per month per child; the amount paid for a child living with a minor parent in a group home was $708 per month per child. Today these amounts are $411 and $890, respectively. The infant supplement is typically paid to the caregiver of the parenting dependent foster youth; however, nonminor dependents living in a Supervised Independent Living Program (SILP) receive the supplement directly.

Studies show that pregnant and parenting foster youth face a range of challenges including late access to prenatal care, poverty and associated harm, short birth intervals and vulnerability to homelessness. This bill lends critical support to pregnant and parenting foster youth in an attempt to lessen these challenges.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: March 29, 2016

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Susan Bonilla, Chair

ABPCA Bill Id:AB 1838 (

Author:Ting) – As Amended Ver:March 16, 2016

SUBJECT: Foster care: infant supplement

SUMMARY: Increases the infant supplement paid for the care and supervision of the children of foster youth, provides for receipt of the infant supplement for the six months preceding birth, and directs the Department of Social Services (DSS) to adopt regulations establishing new infant supplement rates for specified placements.

Specifically, this bill:

1. Requires that the infant supplement to be equal to the basic foster family home rate, as specified, and to be paid for the care and supervision of each child living with his or her dependent or nonminor dependent parent when the caretaker receives Aid to Families with Dependent Children-Foster Care (AFDC-FC), Kinship Guardianship Assistance Payment (Kin-GAP), or Approved Relative Caregiver (ARC) benefits on behalf of the parent.
2. Requires the infant supplement paid to a nonminor dependent parent residing in a supervised independent living placement, as specified, to be equal to the basic foster family home rate.
3. Deletes provisions specifying current infant supplement rates and adjustments.
4. Requires the DSS, by July 1, 2017, to adopt regulations establishing new infant supplement rates for children living with their parents in a group home placement, short-term residential treatment center, or in Transitional Housing Placement-Plus Foster Care.
5. Requires the infant supplement to be paid to a pregnant minor or nonminor dependent for the month in which the birth is anticipated and for the six months immediately prior, provided the pregnancy is verified. Further specifies that such payments shall be for the purposes of meeting the specialized needs of the pregnant minors or nonminor dependents and to properly prepare for the needs of the infant.
6. Makes conforming technical amendments.

EXISTING LAW:

1. Permits the juvenile court to adjudge a child a dependent of the court for specified reasons, including, but not limited to, if a child has suffered or is at substantial risk of suffering serious physical harm, emotional damage, or sexual abuse, as specified. (WIC 300)
2. States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being physically, sexually, or 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)
3. Declares the intent of the Legislature to, whenever possible, preserve and strengthen a child’s family ties and, when a child must be removed from the physical custody of his or her parents, to give preferential consideration to placement with relatives. States the intent of the Legislature to reaffirm its commitment to children who are in out-of-home placement to live in the least restrictive family setting and as close to the child’s family as possible, as specified. Further states the intent of the Legislature that all children live with a committed, permanent, nurturing family and states that services and supports should be tailored to meet the specific needs of the individual child and family being served, as specified. (WIC 16000)
4. Requires out-of-home placement of a child in foster care to be based upon selection of a safe setting that is the least restrictive family setting that promotes normal childhood experiences and the most appropriate setting that meets the child’s individual needs, as specified. Further requires the selection of placement to consider, in order of priority, placement with: relatives, nonrelated extended family members, and tribal members; foster family homes, resource families, and nontreatment certified homes of foster family agencies; followed by treatment and intensive treatment certified homes of foster family agencies or multidimensional treatment foster care homes or therapeutic foster care homes; group care placements in the order of short-term residential treatment centers, group homes, community treatment facilities, and out-of-state residential treatment, as specified. (WIC 16501.1(d)(1))
5. Defines “nonminor dependent” as a current or former foster youth who is between18 and 21 years old, in foster care under the responsibility of the county welfare department, county probation department, or Indian Tribe, and participating in a transitional independent living plan, as specified. (WIC 11400 (v))
6. Establishes Aid to Families with Dependent Children-Foster Care (AFDC-FC) as aid provided on behalf of needy children in foster care, and specifies eligibility requirements. (WIC 11400 and 11402)
7. Establishes the federally subsidized and non-federally subsidized Kinship Guardianship Assistance Payment (Kin-GAP) Programs to provide age to eligible dependent children and nonminors who have been residing for at least six consecutive months in the approved home of a relative guardian. (WIC 11360 et seq.)
8. Defines “kinship guardian” to mean a person who has been appointed legal guardian of a dependent child or ward of the juvenile court and is a relative of the child. (WIC 11362)
9. Establishes the Approved Relative Caregiver (ARC) program as an optional program for counties for the purpose of making the amount paid to approved relative caregivers to care for non-federally-eligible children equal to the amount paid on behalf of children who are eligible. (WIC 11461.3)
10. Defines “Transitional Housing Program-Plus Foster Care” (THP+FC) to mean transitional housing program serving nonminor dependents between the ages of 18 and 21. (WIC 16522.1 (a)(2))
11. Defines “whole family foster home” to mean a new or existing home that provides foster care for a minor or nonminor dependent parent and his or her child, and is specifically recruited and trained to assist the parenting foster youth in the development of the skills necessary to provide a safe, stable, and permanent home for his or her child, as specified. (WIC 11400)
12. Requires the AFDC-FC or Kin-GAP rate paid to a provider on behalf of a youth who has a child living with him or her to include an amount for care and supervision of that youth’s child. (WIC 11465(a))

FISCAL EFFECT: Unknown.

COMMENTS:

Child Welfare Services: The purpose of California’s Child Welfare Services (CWS) system is to protect children from abuse and neglect and provide for their health and safety. When children are identified as being at risk of abuse, neglect or abandonment, county juvenile courts hold legal jurisdiction and children are served by the CWS system through the appointment of a social worker. Through this system, there are multiple opportunities for the custody of the child, or his or her placement outside of the home, to be evaluated, reviewed and determined by the judicial system, in consultation with the child’s social worker, to help provide the best possible services and outcomes for the child. The CWS system seeks to help children who have been removed from their homes reunify with their parents or guardians, whenever appropriate, or unite them with other individuals they consider to be family.

Parenting foster youth and nonminor dependents: While comprehensive data on the size of the state’s population of pregnant and parenting foster youth and nonminor dependents is currently lacking, evidence of higher pregnancy and parenting rates for foster youth exists. For example, recent research connecting Child Protective Services (CPS) data with birth records in California was able to link approximately 1.5 million California birth records (from 2000 to 2010) to 1 million CPS records. Using this linked data, researchers found that, of girls in foster care at the age of 17, more than one-quarter of them had given birth at least once during their teens. Of girls in foster care who had given birth at least once before the age of 18, over one-third had more than one birth in their teens. These findings were corroborated by a much smaller, more in-depth study that interviewed over 700 17-year-old foster youth and former foster youth in California. This study found that just over one-fourth of respondents had ever been pregnant; 30% of whom had been pregnant more than one time.

Teen pregnancy and parenthood have been found to be correlated with a number of social and economic consequences. Teen mothers are less likely to finish high school, more likely to live in poverty, and can face poorer health conditions than slightly older mothers. The children of teenage parents are then also more likely to live in poverty. They are also more likely to come into contact with the child welfare system. Importantly, teen pregnancy may not distinctly cause each of these outcomes, but instead leads to compounding and interrelated impacts, with diminished educational attainment contributing to decreased earnings and higher poverty levels, and other negative outcomes stemming from living in poverty. Moreover, the children of teen parents may not necessarily be more susceptible to abuse and neglect, but may instead have increased exposure to the child welfare system because teenagers may more often have their parenting questioned and because young parents may need greater support in raising their children.

Infant supplement: SB 510 (Seymour), Chapter 1066, Statutes of 1988, implemented federal requirements contained in the Omnibus Budget Reconciliation Act of 1987 stipulating that county welfare departments provide supplemental payments for the care of a child of a minor parent who lives with that parent in a foster placement. At the time, the supplemental amount – or “infant supplement” – was $326 per month per child; the amount paid for a child living with a minor parent in a group home was $708 per month per child. Today, 27 years later, these amounts are $411 and $890, respectively. The infant supplement is typically paid to the caregiver of the parenting dependent foster youth; however, nonminor dependents living in a Supervised Independent Living Program (SILP) receive the supplement directly.

Need for this bill: This bill seeks to increase the infant supplement from $411 to the basic foster family home rate of $688 per month for children under the age of five in order to better help meet the child’s needs. It also permits a pregnant foster youth to begin receiving the supplement six months before the due date with the goal of encouraging youth to disclose their pregnancy and thereby be able to obtain timely referrals to prenatal care, the Women, Infant and Children (WIC) nutrition program, and other services and supports. Lastly, this bill directs DSS to establish a new infant supplement rate for group homes, short-term residential treatment centers, and THP+FC providers.

According to the author, “The number of pregnant and parenting dependents has increased significantly with the expansion of foster care to 21 in 2012, raising new questions about how California should address this small, but highly vulnerable population. [This bill] lends critical support to pregnant and parenting foster youth by expanding the existing infant supplement provided to parenting foster youth. This bill allows pregnant foster youth to receive the infant supplement six months prior to their due date to ensure better access to prenatal care, increases the supplement to match the existing basic stipend for foster youth caregivers, and establishes an infant supplement for group homes and other providers caring for youth parents.”

REGISTERED SUPPORT / OPPOSITION:

Support

Advokids

Alameda County CASA (Court Appointed Special Advocates)

American Academy of Pediatrics

Aspiranet

Bay Area Youth Center

Beyond Emancipation

California Alliance of Child and Family Services

California CASA Association

Casa de Amparo

Children Now

Children’s Laws Center of CA (“CLC”) - sponsor

Covenant Community Services

David and Margaret Youth and Family Servicers

Families NOW

Fred Finch Youth Center

National Association of Social Workers, CA Chapter (NASW-CA)

New Alternatives, Inc.

Public Counsel

St. Anne’s

Youth Law Center

1 Individual

Opposition

None on file.

Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089