Existing law authorizes state and local agencies to establish procedures governing employment within their respective jurisdictions, subject to applicable civil service rules. Existing law requires state agencies, when hiring for internships and student assistant positions, to give preference to a qualified applicant who is, or has been, a dependent child in foster care, a homeless youth, or a formerly incarcerated youth. Existing law requires the preference to be granted to applicants up to 26 years of age and requires county welfare departments, in connection with termination of dependency proceedings, to provide dependent children with information notifying them that they may be eligible for this preference.

This bill would similarly require each county to develop a hiring preference program for disadvantaged groups, as defined, when hiring for internship and student assistant positions. The bill would also require county welfare departments to notify dependent children, who are subject to termination of dependency proceedings, that they may be eligible for the program. By imposing new duties on counties, the bill would create 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, 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 the statutory provisions noted above.

Existing law authorizes state and local agencies to establish procedures governing employment within their respective jurisdictions, subject to applicable civil service rules. Existing law requires state agencies, when hiring for internships and student assistant positions, to give preference to a qualified applicant who is, or has been, a dependent child in foster care, a homeless youth, or a formerly incarcerated youth. Existing law requires the preference to be granted to applicants up to 26 years of age and requires county welfare departments, in connection with termination of dependency proceedings, to provide dependent children with information notifying them that they may be eligible for this preference.

This bill would similarly require each county to develop a hiring preference program for disadvantaged groups, as defined, when hiring for internship and student assistant positions. The bill would also require county welfare departments to notify dependent children, who are subject to termination of dependency proceedings, that they may be eligible for the program. By imposing new duties on counties, the bill would create 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, 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 the statutory provisions noted above.

Existing law authorizes state and local agencies to establish procedures governing employment within their respective jurisdictions, subject to applicable civil service rules. Existing law requires state agencies, when hiring for internships and student assistant positions, to give preference to a qualified applicant who is, or has been, a dependent child in foster care, a homeless youth, or a formerly incarcerated youth. Existing law requires the preference to be granted to applicants up to 26 years of age and requires county welfare departments, in connection with termination of dependency proceedings, to provide dependent children with information notifying them that they may be eligible for this preference.

This bill would similarly require each county to develop a hiring preference program for disadvantaged groups, as defined, when hiring for internship and student assistant positions. The bill would also require county welfare departments to notify dependent children, who are subject to termination of dependency proceedings, that they may be eligible for the program. By imposing new duties on counties, the bill would create 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, 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 the statutory provisions noted above.

Existing law authorizes state and local agencies to establish procedures governing employment within their respective jurisdictions, subject to applicable civil service rules. Existing law requires state agencies, when hiring for internships and student assistant positions, to give preference to a qualified applicant who is, or has been, a dependent child in foster care, a homeless youth, or a formerly incarcerated youth. Existing law requires the preference to be granted to applicants up to 26 years of age, age and requires county welfare departments departments, in connection with termination of dependency proceedings, to provide dependent children with information notifying them that they may be eligible for this preference.

This bill would extend these preference requirements to county agencies similarly require each county to develop a hiring preference program for disadvantaged groups, as defined, when hiring for internship and student assistant positions. The bill would also require county welfare departments to notify dependent children, who are subject to termination of dependency proceedings, that they may be eligible for the program. By imposing new duties on counties, the bill would create 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, 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 the statutory provisions noted above.

Existing law provides for a system of child welfare services administered by each county, with oversight by the State Department of Social Services. Existing law states the intent of the Legislature to use the strengths of families and communities to serve the needs of children who are alleged to be abused or neglected, as described, to reduce the necessity for removing these children from their home, to encourage speedy reunification of families when it can be safely accomplished, and to locate permanent homes and families for children who cannot return to their biological families, among other goals. In order to achieve those goals, existing law requires the state to encourage the development of approaches to child protection that, among other things, allow children to remain in their own schools, in close proximity to their families, and increase the number and quality of foster families available to serve these children.

This bill would additionally require the state to encourage the development of approaches to child protection that ensure that children and youth are living in safety.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2830

Author:(Reyes)

As Amended Ver:June 18, 2018

Majority vote

Original Committee Reference: P.E.,R., & S.S.

SUMMARY: Require each county, except a charter county, to develop a program that gives a preference to qualified applicants who are members of a disadvantaged group defined as, but not limited to, a foster youth, homeless youth, formerly homeless youth, or formerly incarcerated youth for the hiring of internship and student assistant positions.

The Senate amendments:

1) Clarify that "disadvantaged groups" include, but is not limited to, foster youth, homeless youth, formerly homeless youth, and formerly incarcerated youth.

2) Define "foster youth" to mean an individual who was the subject of certain petitions filed pursuant to the Welfare and Institutions Code (WIC) or who was removed from his or her home by the juvenile court pursuant to the WIC.

3) Define "formerly homeless youth" to mean an individual up to 26 years of age who was previously a homeless youth.

4) Establish that these provisions do not create a right to, or a hiring preference for, a permanent county civil service position.

EXISTING LAW:

1. Provides, pursuant to Article VII of the California Constitution, that the civil service includes every officer and employee of the state, except as otherwise provided, and that in the civil service, permanent appointment and promotion be made under a general system based on merit ascertained by competitive examination, and identifies certain groups of individuals who may receive preference.
2. Permits counties to adopt a limited civil service system.
3. Provides authority to counties to set qualifications or standards for any class or grade of employment, as long as the minimum qualifications or standards are not less than those prescribed for the class or grade by the Legislature.
4. Requires state agencies, when hiring for internships and student assistant positions, to give preference to a qualified applicant who is, or has been, a dependent child in foster care, a homeless youth, or a formerly incarcerated youth, and further requires the preference be granted applicants who are up to 26 years of age.

FISCAL EFFECT: According to the Senate Appropriations Committee, "[b]y requiring counties to develop a specified hiring preference program, this bill creates a state-mandated local program. To the extent the Commission on State Mandates determines that the provisions of this bill create a new program or impose a higher level of service on local agencies, local agencies could claim reimbursement of those costs (General Fund). The magnitude of these one-time costs is potentially in the low millions of dollars."

COMMENTS: According to the author, "[e]mployment is essential and provides lasting benefits such as independence, self-worth, and confidence in one's economic future. However, seeking employment can be a daunting task for foster youth and can be especially challenging when navigating the workforce alone.

"The transition from adolescence to adulthood can be difficult and intimidating. Current and former foster youth are at a significant disadvantage. Studies of former foster youth who age out of care find that youth may experience high unemployment, unstable employment patterns, and earn very low incomes in the period between ages 18 and 21 years of age.

"Older and former foster youth are less likely to be employed than their peers in the general population. Nationally, close to 30,000 foster youth will age out of care every year and have to be self-sufficient at age 18, 19, 20, or 21. Within four years of emancipation, 50% of former foster youth will be unemployed or homeless.

"Providing employment support to young people transitioning out of foster care can connect them to meaningful employment and can also develop the skills necessary to succeed in the workplace and ensure lasting economic self-sufficiency. It is crucial that we serve our youth in the best way possible."

Analysis Prepared by: Michael Bolden / P.E.,R., & S.S. / (916) 319-3957 FN: 0004318

 THIRD READING  

Bill No: AB 2830

Author:

:

Vote:

SENATE PUBLIC EMP. & RET. COMMITTEE: 4-0, 6/11/18

AYES: Pan, Leyva, Moorlach, Portantino

NO VOTE RECORDED: Morrell

SENATE HUMAN SERVICES COMMITTEE: 5-0, 6/26/18

AYES: Wiener, Glazer, Leyva, McGuire, Portantino

NO VOTE RECORDED: Berryhill, Nguyen

SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/16/18

AYES: Portantino, Beall, Bradford, Hill, Wiener

NOES: Bates, Nielsen

ASSEMBLY FLOOR: 52-23, 5/30/18 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill requires each county to develop a program to give a hiring preference for internships and student positions to members of disadvantaged groups including, but not limited to, foster youth, homeless youth, formerly homeless youth, and formerly incarcerated youth, as specified. The bill does not apply to a charter county.

ANALYSIS:

Existing law:

1. Provides that any person possessing all minimum qualification for any county employment is eligible for appointment to that employment, and neither the board of supervisors nor any other county officer or employee possessing appointment power shall adopt any written or unwritten rule that prohibits the employment of any person who is qualified in a county position, solely because of the individual’s age.
2. Establishes, pursuant to Section 31100 of the Government Code, the County Civil Service Enabling Law which permits counties, as specified, to adopt a limited civil service system as is adaptable to size and type. The County Enabling Civil Service Enabling Law provides minimum qualifications for employment; establishment and authority of a civil service commission, and competitive examination, among other provisions relating to county civil service.
3. Provides, pursuant to Section 1 of Article VII of the Constitution of California, that the civil service includes every officer and employee of the state except as otherwise provided, and that in the civil service, permanent appointment and promotion be made under a general system based on merit ascertained by competitive examination.
4. Requires, pursuant to the Civil Service Act, state employment to be based on the merit principle; that appointments be based upon merit and fitness ascertained through practical and competitive examination; and that tenure of civil service employment is subject to good behavior. Also, identifies certain groups of individuals who receive additional points based on their status or prior experience, after becoming eligible for a hiring list by obtaining a passing score on an open, non-promotional exam.
5. Requires state agencies to give a hiring preference to foster youth, homeless youth, and formerly incarcerated youth for internships and student assistant positons.

This bill:

1. Requires each county to develop a program that gives a hiring preference to qualified applicants who are members of a disadvantaged group for internship and student positions.
2. Requires the county to determine the criteria for county agencies to participate in the program in accordance with this bill.
3. Provides that any application for an internship or student assistant position with a county agency participating in the hiring preference program shall allow the applicant to identify that the applicant is eligible for a preference under this section, but the application shall not require the applicant to identify the specific category that entitles him or her for eligibility.
4. Provides that the selection process shall include an assessment of the applicant’s ability to perform the duties of the desired position.
5. Defines “Disadvantaged groups” to include foster youth, homeless youth, formerly homeless youth, and formerly incarcerated youth.
6. Defines “Foster youth” as any individual who meets, or has ever met, either of the following criteria:
   1. A child who was the subject of a petition filed pursuant to Section 300 of the Welfare and Institutions Code and was removed from his or her home by the juvenile court pursuant to Section 319 or 361 of the Welfare and Institutions Code.
   2. A child who was the subject of a petition filed pursuant to Section 602 of the Welfare and Institutions Code and was removed from his or her home by the juvenile court pursuant to Section 727 of the Welfare and Institutions Code.
7. Defines the term “Homeless youth” to mean an applicant up to 26 years of age who has been verified as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), by a homeless services provider, as defined in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code.
8. Defines the term “Formerly incarcerated youth” to mean an individual who has been sentenced to be incarcerated in, or in the custody of, the Division of Adult Operations in the Department of Corrections and Rehabilitation, Division of Juvenile Justice in the Department of Corrections and Rehabilitation, or county jail and released from that incarceration or custody before the individual attained 21 years of age.
9. Defines “Preference” to mean priority over similarly qualified applicants for placement in the position.
10. Exempts charter counties from the bill’s requirements.
11. Clarifies that the bill does not create any right to or hiring preference for a permanent civil service position.

Related/Prior Legislation

AB 1840 (Gipson, Chapter 404, Statutes of 2016), which was not heard in Senate Committee on Public Employment and Retirement, added homeless youth, and formerly incarcerated youth to the requirement that state agencies give a hiring preference for internships and student assistant positions by state agencies to foster youth.

AB 735 (Mitchell, Chapter 464, Statutes of 2011), which was not heard in Senate Committee on Public Employment and Retirement, required state agencies to give a preference to dependent children in foster care, as defined, when hiring for internships and student assistant positions by state agencies.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to Senate Appropriations Committee:

By requiring counties to develop a specified hiring preference program, this bill creates a state-mandated local program. To the extent the Commission on State Mandates determines that the provisions of this bill create a new program or impose a higher level of service on local agencies, local agencies could claim reimbursement of those costs (General Fund). The magnitude of these one-time costs is potentially in the low millions of dollars.

SUPPORT: (Verified 8/17/18)

None received

OPPOSITION: (Verified 8/17/18)

None received

ARGUMENTS IN SUPPORT: According to the author, "[e]mployment is essential and provides lasting benefits such as independence, self-worth, and confidence in one's economic future. However, seeking employment can be a daunting task for foster youth and can be especially challenging when navigating the workforce alone.

'The transition from adolescence to adulthood can be difficult and intimidating. Current and former foster youth are at a significant disadvantage. Studies of former foster youth who age out of care find that youth may experience high unemployment, unstable employment patterns, and earn very low incomes in the period between ages 18 and 21 years of age.

'Older and former foster youth are less likely to be employed than their peers in the general population. Nationally, close to 30,000 foster youth will age out of care every year and have to be self-sufficient at age 18, 19, 20, or 21. Within four years of emancipation, 50 percent of former foster youth will be unemployed or homeless.

'Providing employment support to young people transitioning out of foster care can connect them to meaningful employment and can also develop the skills necessary to succeed in the workplace and ensure lasting economic self-sufficiency. It is crucial that we serve our youth in the best way possible."

ASSEMBLY FLOOR: 52-23, 5/30/18

AYES: Arambula, Berman, Bloom, Bonta, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chiu, Chu, Cooley, Cooper, Daly, Eggman, Frazier, Friedman, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Levine, Limón, Low, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Wood, Rendon

NOES: Acosta, Travis Allen, Baker, Bigelow, Brough, Chávez, Chen, Choi, Cunningham, Dahle, Fong, Gallagher, Harper, Kiley, Lackey, Maienschein, Mathis, Melendez, Obernolte, Patterson, Steinorth, Voepel, Waldron

NO VOTE RECORDED: Aguiar-Curry, Flora, Mayes

Prepared by:

8/18/18 14:55:25

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2017 - 2018 Regular Session

AB 2830 (Reyes) - County agencies: interns and student assistants: hiring preference

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

Bill Summary:

AB 2830 would require counties to develop a hiring preference program for qualified applicants who are members of a disadvantaged group when hiring for internship and student assistant positions, as provided.

Fiscal Impact:

By requiring counties to develop a specified hiring preference program, this bill creates a state-mandated local program. To the extent the Commission on State Mandates determines that the provisions of this bill create a new program or impose a higher level of service on local agencies, local agencies could claim reimbursement of those costs (General Fund). The magnitude of these one-time costs is potentially in the low millions of dollars.

Background:

Research indicates that the categories of individuals eligible for an internship or student assistant preference under this bill, including current or former foster youth, formerly incarcerated youth, and current or former homeless youth, are those that may face barriers to employment. Furthermore, these groups face a variety of other barriers further impeding their successful transition to adulthood.

Proposed Law:

This bill would, among other things, do the following:

• Require each county to adopt a program that gives a preference to qualified applicants who are members of a disadvantaged group, as defined, for the hiring of internship and student positions, with the criteria for county agency participation to be determined by that county.
• Require applications for an internship or student assistant position with a participating county agency to allow (but not require) the applicant to identify that they are eligible for a preference as provided.
• Require the preferred selection process to include an assessment of the applicant’s ability to perform the duties of the desired position.
• Define “preference” as meaning priority over similarly qualified applicants for placement in the position.
• Exclude charter counties from the application of this preference program.
• State that this preference program shall not create a right to or hiring preference for a permanent civil service position.

Related Legislation:

• AB 1840 (Gipson, Chapter 404, Statutes of 2016) added homeless youth, and formerly incarcerated youth to the requirement that state agencies give a hiring preference for internships and student assistant positions by state agencies to foster youth.
• AB 735 (Mitchell, Chapter 464, Statutes of 2011) required state agencies to give a preference to dependent children in foster care, as defined, when hiring for internships and student assistant positions by state agencies.

Staff Comments:

Current law requires state agencies to give preference to qualified applicants who are or have been a dependent child in foster care, a homeless youth, or a formerly incarcerated youth for internships and student assistant positions. This bill would expand those benefits by requiring non-charter counties to create similar preference programs.

The costs for each county to develop a requisite hiring preference program would vary. Some counties would need to work directly with local governing bodies to develop a program; conversely, others may be able to work within existing personnel policies. California has 44 non-charter counties; if each were to incur costs of $200,000 to develop and implement the hiring preference program specified by the bill, initial one-time reimbursable costs would be nearly $9 million.

-- END --

SENATE COMMITTEE ON HUMAN SERVICES

Senator Wiener, Chair

2017 - 2018 Regular

Bill No: AB 2830

Subject: County agencies: interns and student assistants: hiring preference

SUMMARY

This bill requires counties to develop a hiring preference program for qualified applicants who are members of a disadvantaged group when hiring for internship and student assistant positions, as provided.

ABSTRACT

Existing law:

1. Provides that the civil service includes every officer and employee of the state, except as otherwise provided, and that in the civil service, permanent appointment and promotion be made under a general system based on merit ascertained by competitive examination. (Cal. Const., art. VII, Sec. 1)
2. Permits counties to adopt a limited civil service system, as specified. (GOV 31100 et seq.)
3. Provides counties with the authority to set qualifications or standards for any class or grade of employment, as long as the minimum qualifications or standards are not less than those prescribed for the class or grade by the Legislature. (GOV 31107)
4. Requires, pursuant to the Civil Service Act, that state employment be based on the merit principle, that appointments be based upon merit and fitness ascertained through practical and competitive examination, and that tenure of civil service employment is subject to good behavior. Identifies certain groups of individuals who receive additional points based on their status or prior experience, after becoming eligible for a hiring list by obtaining a passing score on an open, nonpromotional exam. (GOV 18500 et seq.)
5. Requires state agencies, when hiring for internships and student assistant positions, to give preference to a qualified applicant who is, or has been, a dependent child in foster care, a homeless youth, or a formerly incarcerated youth. Further requires the preference be granted applicants who are up to 26 years of age. (GOV 18220)

This bill:

1. Requires each county to adopt a program that gives a preference to qualified applicants who are members of a disadvantaged group for the hiring of internship and student positions, with the criteria for county agency participation to be determined by that county.
2. Requires applications for an internship or student assistant position with a participating county agency to allow the applicant to identify that they are eligible for a preference as provided, but shall not require the applicant to identify the specific category that entitles him or her for eligibility.
3. Requires the preferred selection process to include an assessment of the applicant’s ability to perform the duties of the desired position.
4. Defines “disadvantaged groups” as including, but not limited to:
   1. “Former or current foster youth” meaning any individual who meets or has ever met one of the following criteria:
      1. A child who was the subject of a petition filed pursuant to Section 300 of the Welfare and Institutions Code and removed from their home by the juvenile court, as provided; or
      2. A child who was the subject of a petition filed pursuant to Section 602 of the Welfare and Institutions Code and was removed from their home by the juvenile court, as provided;
   2. “Homeless youth,” meaning an applicant up to 26 years of age who has been verified as a homeless child or youth, as defined;
   3. “Formerly homeless youth,” meaning an individual up to the age of 26 who at one time was previously a homeless youth; and
   4. “Formerly incarcerated youth,” meaning an individual who has been sentenced to be incarcerated in, or in the custody of, the Division of Adult Operations in the Department of Corrections and Rehabilitation, Division of Juvenile Justice in the Department of Corrections and Rehabilitation, or county jail and released from that incarceration or custody before the individual attained 21 years of age.
5. Defines “preference” as meaning priority over similarly qualified applicants for placement in the position.
6. Excludes charter counties from the application of this preference program.
7. States that this preference program shall not create a right to or hiring preference for a permanent civil service position.
8. Makes other conforming changes.

FISCAL IMPACT

According to the Assembly Committee on Appropriations on May 2, 2018, this bill would result in significant and potentially reimbursable one-time costs for counties to develop hiring preference programs. The costs for each county will depend on its personnel policies: some counties will need to work directly with its local governing body to develop a program; whereas, others may be able to work within existing personnel policies. If, on average, it costs $200,000 for each of the 44 noncharter counties to develop and implement this hiring preference program, initial one-time reimbursable costs would be $8.8 million.

BACKGROUND AND DISCUSSION

Purpose of the bill:

According to the author, one of the biggest challenges faced by foster youth, formerly incarcerated youth, and homeless youth is their transition to adulthood. Specifically, the author notes, “that without proper tools to help bring these youth to self-sufficiency these youth are at risk of stopping their education, becoming homeless or facing continued homelessness, and possible dependency on other safety net programs for their survival. Many of these youth desire the opportunity to work, but, unlike their peers, may not have access to a professional network or a support system providing them guidance for entering the workforce.”

Thus this bill creates a preference program for county internships or student assistant positions for current or former foster youth, formerly incarcerated youth, homeless youth, and formerly homeless youth. The experience provided by these internships and student assistant positions will help develop the skills necessary to succeed in the workplace and ensure lasting economic self-sufficiency, per the author.

Child Welfare Services (CWS)

California’s CWS system is an essential component of the state’s safety net. Social workers in each county receive reports of abuse or neglect, investigate and resolve those reports. Abused and neglected children who have been removed from their homes fall under the jurisdiction of the County’s juvenile dependency court. The dependency court holds legal jurisdiction over the child, while the child is served by the CWS system social worker. This system seeks to ensure the safety and protection of these children, and where possible, preserve and strengthen families through visitation and family reunification. The CWS system provides multiple opportunities for the custody of the child, or the child’s 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 to the child. It is the state’s goal to reunify a foster child or youth with their biological family whenever possible. In instances where reunification is not possible, it is the state’s goal to provide a permanent placement alternative, such as adoption or guardianship, with the second highest placement priority of the CWS system being to unite children with other relatives or nonrelative extended family members.

As of October 1, 2017, there were 60,354 children in California’s child welfare system.

Youth Homelessness

More than one-third of the nation’s homeless youth live in California – 15,458 youth, according to the 2017 Annual Homeless Assessment Report to Congress. This represents an increase of 26 percent in a single year, and 32 percent since 2015. California’s numbers are the highest in the nation – the second highest is in New York with 2,829 homeless youth – or fewer than 20 percent of California’s total.

The federal government defines a homeless youth as a minor younger than 18 or a young adult between 18 and 24 years old who is living individually without shelter. Homelessness is disproportionate. Studies show that up to 40 percent of homeless youth identify as lesbian, gay, bisexual or transgender. Additionally, youth of color, youth who are currently or formerly in the foster care system^[1] and youth who have been in the juvenile justice system all have higher rates of homelessness.^[2] Homelessness is growing among college students. One in 10 California State University system students^[3] and one in five students in the Los Angeles Community College District^[4] are homeless. Moreover, a 2015 report by the Los Angeles Homeless Services Authority found that 50 percent of chronically homeless adults experienced homelessness as transitional age youth, between the ages of 18 and 24. Experts say this data indicates that intervention targeted to this population could help prevent chronic homelessness among some adults.

Juvenile Justice System

The juvenile delinquency system not only has the goal of the safety and protection of the public, but also the goal of providing treatment and rehabilitation to juvenile offenders. Welfare and Institutions Code section 602 sets the jurisdiction of delinquency court by setting forth the general rule that a minor who commits a crime falls within the juvenile court’s jurisdiction and is deemed a ward of the court.

In 2015, there were 71,923 juvenile arrests in California.^[5] Of those, approximately 58,000 were referred to probation, while approximately 12,000 were counseled and released. Once referred to probation, approximately 31,000 cases were closed at intake, about 2,000 received informal probation services, 5,000 were placed in diversion programs, and 44,000 had petitions filed.^[6] Juvenile delinquency begins with the filing of the petition. It is at that time that a minor may be detained in juvenile hall or released, subject to certain restraints and requirements as provided.^[7]

As written, this bill defines “formerly incarcerated youth” as meaning an individual who has been sentenced to be incarcerated in, or in the custody of, the Division of Adult Operations in the Department of Corrections and Rehabilitation, Division of Juvenile Justice in the Department of Corrections and Rehabilitation, or county jail and released from that incarceration or custody before the individual attained 21 years of age. This suggests that the preference created by this bill would not apply to those youth were arrested and then counseled and released, or those who had their cases closed at intake, but rather only those had their petitions filed and were then sentenced to be incarcerated or placed in custody. In 2015, 28,804 youth were in qualifying custody or incarceration, with 351 of those youth being in held in the adult corrections system.^[8]

Related legislation:

AB 1840 (Gipson, Chapter 404, Statutes of 2016) added homeless youth, and formerly incarcerated youth to the requirement that state agencies give a hiring preference for internships and student assistant positions by state agencies to foster youth.

AB 735 (Mitchell, Chapter 464, Statutes of 2011) required state agencies to give a preference to dependent children in foster care, as defined, when hiring for internships and student assistant positions by state agencies.

COMMENTS

Research shows that the categories eligible for an internship or student assistant preference under this bill are those that may face barriers to employment. Furthermore, these groups face a variety of other barriers further impeding their successful transition to adulthood. Existing law requires state agencies give preference to qualified applicants who are or have been a dependent child in foster care, a homeless youth, or a formerly incarcerated youth for internships and student assistant positions. Thus, state law and policy has already recognized the benefit these youth gain through having a hiring preference in terms of internships and student assistant positions. This bill would simply expand those benefits by requiring noncharter counties create similar preference programs.

PRIOR VOTES

POSITIONS

Support:

None received

Oppose:

None received

-- END --

1. Dworsky, Amy, Laura Napolitano, Marc Courtney, Homelessness During the Transition From Foster Care to Adulthood, American Journal of Public Health (December 2013). ↑

2. Addressing the Intersections of Juvenile Justice Involvement and Youth Homelessnes: Principals for Change, Corporation for Supportive Housing (March 2017) <http://www.csh.org/2017/03/addressing-the-intersections-of-juvenile-justice-involvement-and-youth-homelessness-principles-for-change/> (as of June 6, 2018). ↑

3. Rashida Crutchfield, Serving Displaced and Food Insecure Students in the CSU, California State University (January 2016) <https://presspage-production-content.s3.amazonaws.com/uploads/1487/cohomelessstudy.pdf?10000> (as of June 6, 2018). ↑

4. Los Angeles Community College District: Survey of Student Basic Needs, Wisconsin HOPE Lab (Fall 2016) <http://www.wihopelab.com/publications/Wisconsin-HOPE-Lab-LA-CC-District-Report-Survey-Student-Needs.pdf> (as of June 6, 2018). ↑

5. Juvenile Justice in California, California Department of Justice (2015) <https://oag.ca.gov/sites/all/ files/agweb/pdfs/cjsc/publications/misc/jj15/jj15.pdf> (as of June 15, 2018). ↑

6. Id. ↑

7. How Can California Best Serve the Needs of Youth Involved with Both the Dependency and Delinquency Systems? Background Paper, Assembly Committees on Human Services, Judiciary, and Public Safety (February 22, 2017) <http://ajud.assembly.ca.gov/sites/ajud.assembly.ca.gov/files/Background%20paper%202.22.17.pdf> (As of June 7, 2018). ↑

8. Juvenile Justice in California, California Department of Justice (2015) <https://oag.ca.gov/sites/all/ files/agweb/pdfs/cjsc/publications/misc/jj15/jj15.pdf> (as of June 15, 2018). ↑

SENATE COMMITTEE ON

PUBLIC EMPLOYMENT AND RETIREMENT

Dr. Richard Pan, Chair

2017 - 2018 Regular

Bill No: AB 2830 Hearing Date: 6/11/18

Subject: County agencies: interns and student assistants: hiring preference.

SOURCE: Author

ASSEMBLY VOTES:

DIGEST: This bill would require each county, except a charter county, to develop a program that gives a preference to qualified applicants who are members of a disadvantaged group defined as a homeless youth or formerly incarcerated youth for the hiring of internship and student positions.

ANALYSIS:

Existing law:

1. Provides that any person possessing all minimum qualification for any county employment is eligible for appointment to that employment, and neither the board of supervisors nor any other county officer or employee possessing appointment power shall adopt any written or unwritten rule that prohibits the employment of any person who is qualified in a county position, solely because of the individual’s age.
2. Establishes, pursuant to Section 31100 of the Government Code, the County Civil Service Enabling Law which permits counties, as specified, to adopt a limited civil service system as is adaptable to size and type. The County Enabling Civil Service Enabling Law provides minimum qualifications for employment; establishment and authority of a civil service commission, and competitive examination, among other provisions relating to county civil service.
3. Provides, pursuant to Section 1 of Article VII of the Constitution of California, that the civil service includes every officer and employee of the state except as otherwise provided, and that in the civil service, permanent appointment and promotion be made under a general system based on merit ascertained by competitive examination.
4. Requires, pursuant to the Civil Service Act, state employment to be based on the merit principle; that appointments be based upon merit and fitness ascertained through practical and competitive examination; and that tenure of civil service employment is subject to good behavior. Also, identifies certain groups of individuals who receive additional points based on their status or prior experience, after becoming eligible for a hiring list by obtaining a passing score on an open, nonpromotional exam.
5. Requires state agencies to give a hiring preference to foster youth, homeless youth, and formerly incarcerated youth for internships and student assistant positons.

This bill:

1. Requires each county to develop a program that gives a hiring preference to qualified applicants who are members of a disadvantaged group for internship and student positions.
2. Requires the county to determine the criteria for county agencies to participate in the program in accordance with this bill.
3. Provides that any application for an internship or student assistant position with a county agency participating in the hiring preference program shall allow the applicant to identify that the applicant is eligible for a preference under this section, but the application shall not require the applicant to identify the specific category that entitles him or her for eligibility.
4. States that the preferred selection process shall include an assessment of the applicant’s ability to perform the duties of the desired position.
5. Defines “disadvantaged groups” to include, but not be limited to the following categories:
   1. “Homeless youth” means an applicant up to 26 years of age who has been verified as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), by a homeless services provider, as defined in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code.
   2. “Formerly incarcerated youth” means an individual who has been sentenced to be incarcerated in, or in the custody of, the Division of Adult Operations in the Department of Corrections and Rehabilitation, Division of Juvenile Justice in the Department of Corrections and Rehabilitation, or county jail and released from that incarceration or custody before the individual attained 21 years of age.
6. Defines “Preference” to mean priority over similarly qualified applicants for placement in the position.
7. Exempts charter counties from the bill’s requirements.

Recommended Committee Amendments

The Committee recommends that the following amendment be adopted:

SECTION 1. Section 31000.11

(e) Nothing in this section shall create a right to or hiring preference for a permanent civil service position.

Related/Prior Legislation

AB 1840 (Gipson, Chapter 404, Statutes of 2016), which was not heard in Senate Public Employment and Retirement Committee, added homeless youth, and formerly incarcerated youth to the requirement that state agencies give a hiring preference for internships and student assistant positions by state agencies to foster youth.

AB 735 (Mitchell, Chapter 464, Statutes of 2011), which was not heard in Senate Public Employment and Retirement Committee, required state agencies to give a preference to dependent children in foster care, as defined, when hiring for internships and student assistant positions by state agencies.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

SUPPORT:

None received.

OPPOSITION:

None received.

ASSEMBLY THIRD READING

ATR Bill Id:AB 2830

Author:(Reyes)

As Amended Ver:May 25, 2018

Majority vote

SUMMARY: Requires counties to develop a hiring preference program for qualified applicants who are members of a disadvantaged group when hiring for internship and student assistant positions, among other provisions. Specifically, this bill:

1. Requires the county to determine the criteria for county agencies to participate in the program.
2. Requires applications for these positions with a county agency participating in the hiring preference program to allow the applicant to identify eligibility. However, the application must not require the applicant to identify the specific category that entitles eligibility.
3. Requires the preferred selection process to include an assessment of the applicant's ability to perform the duties of the desired position.
4. Provides that "disadvantaged groups" include, but are not limited to, the following:
   1. "Homeless youth" to mean an applicant who is up to 26 years of age and who has been verified as a homeless child or youth, as defined by specified federal law, by a homeless services provider, as specified.
   2. "Formerly incarcerated youth" to mean an individual who has been sentenced to be incarcerated, or in the custody of the Division of Adult Operations in the Department of Corrections and Rehabilitation (Department), Division on Juvenile Justice in the Department, or county jail and released from that incarceration or custody before the individual attained 21 years of age.
5. Defines "preference" to mean priority over similarly qualified applicants for placement in the position.
6. Exempts application of its provisions to a charter county.
7. Makes a technical change in existing law for purposes of implementation of these provisions.
8. Provides for reimbursement to local agencies and school districts if the Commission on State Mandates determines that this act contains costs by the state.

EXISTING LAW:

1. Provides that any person possessing all minimum qualifications for county employment is eligible for appointment, and prohibits the board of supervisors and any other county officer or employee possessing appointment power to adopt any rule that prohibits the employment of any person who is qualified in a county position solely because of the individual's age.
2. Establishes, pursuant to the Government Code Section 31100, the County Civil Service Enabling Law which permits counties to adopt a limited civil service system as is adaptable to size and type. The County Enabling Civil Service Enabling Law provides minimum qualifications for employment; establishment and authority of a civil service commission; and, competitive examination, among other provisions relating to county civil service.

3) Requires state agencies to give preference to homeless and formerly incarcerated youth, and dependent children in foster care when hiring for internships and student assistant positions by state agencies.

FISCAL EFFECT: According to the Assembly Appropriations Committee, this bill would result in "significant and potentially reimbursable one-time costs for counties to develop hiring preference programs. The costs for each county will depend on its personnel policies: some counties will need to work directly with its local governing body to develop a program; whereas, others may be able to work within existing personnel policies. If, on average, it costs $200,000 for each of the 44 noncharter counties to develop and implement this hiring preference program, initial one-time reimbursable costs would be $8.8 million."

COMMENTS: According to the author, "[e]mployment is essential and provides lasting benefits such as independence, self-worth, and confidence in one's economic future. However, seeking employment can be a daunting task for foster youth and can be especially challenging when navigating the workforce alone.

'The transition from adolescence to adulthood can be difficult and intimidating. Current and former foster youth are at a significant disadvantage. Studies of former foster youth who age out of care find that youth may experience high unemployment, unstable employment patterns, and earn very low incomes in the period between ages 18 and 21 years of age.

'Older and former foster youth are less likely to be employed than their peers in the general population. Nationally, close to 30,000 foster youth will age out of care every year and have to be self-sufficient at age 18, 19, 20, or 21. Within four years of emancipation, 50% of former foster youth will be unemployed or homeless.

'Providing employment support to young people transitioning out of foster care can connect them to meaningful employment and can also develop the skills necessary to succeed in the workplace and ensure lasting economic self-sufficiency. It is crucial that we serve our youth in the best way possible."

Analysis Prepared by: Michael Bolden / P.E.,R., & S.S. / (916) 319-3957 FN: 0003146

Date of Hearing: May 2, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 2830

Author:(Reyes) – As Amended Ver:April 2, 2018

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

SUMMARY:

This bill requires county agencies, except those in charter counties, to give hiring preference to a qualified applicant who is, or has been, a dependent child in foster care, homeless, or a formerly incarcerated youth, when hiring for internships and student assistant positions. Eligible applicants must be younger than 27 years, and once applicants complete the internship or student assistant position, they must be considered for placement for an available paid position for which they apply.

FISCAL EFFECT:

Significant and potentially reimbursable one-time costs for counties to develop hiring preference programs. The costs for each county will depend on its personnel policies: some counties will need to work directly with its local governing body to develop a program, whereas others may be able to work within existing personnel policies. If, on average, it costs $200,000 for each of the 44 non-charter counties to develop and implement this hiring preference program, initial one-time reimbursable costs would be $8.8 million. This scenario assumes that one governing body takes the lead in developing a program that is used by each county agency.

COMMENTS:

1. Purpose. According to the author, AB 2830 will help connect young people, like former foster youth, to meaningful employment, which will help them develop the skills needed to succeed in the workplace. The author notes that former foster youth face challenges in securing work and they experience unstable employment patterns.
2. Prior legislation. AB 2830 creates a hiring preference similar to what is available at state agencies. The state program was created by AB 735 (Mitchell), Chapter 464, Statutes of 2011, which required state agencies to give preference to dependent children in foster care, and then expanded by AB 1840 (Gipson), Chapter 404, Statutes of 2016, which extended that preference to homeless youth and formerly incarcerated youth.
3. Existing programs. Some counties already have internship or employment programs dedicated to recruiting foster youth. For example, Los Angeles County offers a short-term paid internship for current and former foster youth. Interns are provided additional training, and county departments participate on a voluntary basis.

For the non-charter counties with such programs, AB 2830 still imposes requirements to expand them or extend them to each county agency.

1. Scope. AB 2830 requires county agencies to create a hiring preference for identified groups of applicants. This mandate is likely to lead to significant costs and administrative problems. Conflicts with merit systems and the hiring processes of local public safety agencies are two examples

of possible implementation challenges. Giving counties more flexibility on how they can implement this hiring program, including the ability to apply the hiring preference to specific agencies, could ease the administrative complexity and the fiscal impact.

Analysis Prepared by: Luke Reidenbach / APPR. / (916) 319-2081

Date of Hearing: April 18, 2018

ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT, AND SOCIAL SECURITY

Freddie Rodriguez, Chair

ABPCA Bill Id:AB 2830 (

Author:Reyes) – As Amended Ver:April 2, 2018

SUBJECT: County agencies: interns and student assistants: hiring preference

SUMMARY: Extends hiring preference requirements to county agencies when hiring for internship and student assistant positions, among other provisions. Specifically, this bill:

1) Requires county agencies to give preference to a qualified applicant who is, or has been, a dependent child in foster care, homeless or formerly incarcerated youth, when hiring for internships and student assistant positions.

2) Specifies that the preference must be granted to applicants who are up to 26 years of age.

3) Requires applications for these positions with a county agency to allow the applicant to identify eligibility, as specified. However, the application must not require the applicant to identify the specific category that entitles eligibility.

4) Establishes that once the individual successfully completes the intern program or student assistant position, the individual must be considered for placement for an available paid position, for which the individual has applied.

5) Requires the preferred selection process to include an assessment of the applicant’s ability to perform the duties of the desired position.

6) Defines the following terms:

a) “Homeless youth” to mean an applicant who is up to 26 years of age and who has been verified as a homeless child or youth, as defined by specified federal law, by a homeless services provider, as specified.

b) “Formerly incarcerated youth” to mean an individual who has been sentenced to be incarcerated, or in the custody of the Division of Adult Operations in the Department of Corrections and Rehabilitation (Department), Division on Juvenile Justice in the Department, or county jail and released from that incarceration or custody before the individual attained 21 years of age.

c) “Preference” to mean priority over similarly qualified applicants for placement in the position.

7) Exempts application of its provisions to a charter county.

8) Makes a technical change in existing law for purposes of implementation of these provisions.

9) Provides for reimbursement for reimbursement to local agencies and school districts if the Commission on State Mandates determines that this act contains costs by the state.

EXISTING LAW:

1) Provides that any person possessing all minimum qualification for any county employment is eligible for appointment to that employment, and neither the board of supervisors nor any other county officer or employee possessing appointment power shall adopt any written or unwritten rule that prohibits the employment of any person who is qualified in a county position, solely because of the individual’s age.

2) Establishes, pursuant to Section 31100 of the Government Code, the County Civil Service Enabling Law which permits counties, as specified, to adopt a limited civil service system as is adaptable to size and type.

The County Enabling Civil Service Enabling Law provides minimum qualifications for employment; establishment and authority of a civil service commission, and competitive examination, among other provisions relating to county civil service.

3) Provides, pursuant to Section 1 of Article VII of the Constitution of California, that the civil service includes every officer and employee of the state except as otherwise provided, and that in the civil service, permanent appointment and promotion be made under a general system based on merit ascertained by competitive examination.

4) Requires, pursuant to the Civil Service Act, state employment to be based on the merit principle; that appointments are based upon merit and fitness ascertained through practical and competitive examination; and that tenure of civil service employment is subject to good behavior.

Also, identifies certain groups of individuals who receive additional points based on their status or prior experience, after becoming eligible for a hiring list by obtaining a passing score on an open, nonpromotional exam.

5) Requires state agencies to give preference to specified youth, pursuant to the following statutes:

a) Chapter 1840, Statutes of 2016 (Assembly Bill 1840, Gipson) regarding hiring for internships and student assistant positions by state agencies, and homeless youth and formerly incarcerated youth, as defined.

b) Chapter 464, Statutes of 2011 (Assembly Bill 735, Mitchell) regarding hiring for internships and student assistant positions by state agencies, and dependent children in foster care, as defined, and among other provisions.

FISCAL EFFECT: Unknown. This bill has been flagged as fiscal by Legislative Counsel.

COMMENTS: According to the author, “[e]mployment is essential and provides lasting benefits such as independence, self-worth, and confidence in one’s economic future. However, seeking employment can be a daunting task for foster youth and can be especially challenging when navigating the workforce alone.

‘The transition from adolescence to adulthood can be difficult and intimidating. Current and former foster youth are at a significant disadvantage. Studies of former foster youth who age out of care find that youth may experience high unemployment, unstable employment patterns, and earn very low incomes in the period between ages 18 and 21 years of age.

‘Older and former foster youth are less likely to be employed than their peers in the general population. Nationally, close to 30,000 foster youth will age out of care every year and have to be self-sufficient at age 18, 19, 20 or 21. Within four years of emancipation 50 percent of former foster youth will be unemployed or homeless.

‘Providing employment support to young people transitioning out of foster care can connect them to meaningful employment and can also develop the skills necessary to succeed in the workplace and ensure lasting economic self-sufficiency. It is crucial that we serve our youth in the best way possible.”

REGISTERED SUPPORT / OPPOSITION:

Support

None on file.

Opposition

None on file.

Analysis Prepared by: Michael Bolden / P.E.,R., & S.S. / (916) 319-3957