Existing federal law, the Foster Care Independence Act of 1999, provides the state with federal funding to enable programs that, among other things, identify children who are likely to remain in foster care until 18 years of age and help those children make the transition to self-sufficiency by providing services such as assistance in obtaining a high school diploma, career exploration, vocational training, job placement and retention, training in daily living skills, training in budgeting and financial management skills, substance abuse prevention, and preventive health activities. Existing law designates the State Department of Social Services as supervisor and administrator of public social services, including the Independent Living Program. Existing law declares the administration of public social services in each of the several counties of the state to be a county function, and in the case of public social services for which federal or state funds are provided, subject to the regulations of the department. Existing law requires the department, in consultation with county and state representatives, foster youth, and advocates, to develop statewide standards for the implementation and administration of the Independent Living Program. Existing law requires each county department of social services to submit an annual Independent Living Program report to the department, as specified.

This bill would require require, for each county that has an Internet Web site, each county department of social services to publish on the countys Internet Web site information regarding all services offered to participants in the Independent Living Program, as specified. The bill would require each county department of social services to annually update that information. The bill would require the department to publish on its Internet Web site for the Independent Living Program direct links to the information published by each county described above. The bill would require the department to annually update those links. By increasing county responsibilities, the 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 federal law, the Foster Care Independence Act of 1999, provides the state with federal funding to enable programs that, among other things, identify children who are likely to remain in foster care until 18 years of age and help those children make the transition to self-sufficiency by providing services such as assistance in obtaining a high school diploma, career exploration, vocational training, job placement and retention, training in daily living skills, training in budgeting and financial management skills, substance abuse prevention, and preventive health activities. Existing law designates the State Department of Social Services as supervisor and administrator of public social services, including the Independent Living Program. Existing law declares the administration of public social services in each of the several counties of the state to be a county function, and in the case of public social services for which federal or state funds are provided, subject to the regulations of the department. Existing law requires the department, in consultation with county and state representatives, foster youth, and advocates, to develop statewide standards for the implementation and administration of the Independent Living Program. Existing law requires each county department of social services to submit an annual Independent Living Program report to the department, as specified.

This bill would require each county department of social services to publish on the countys Internet Web site information regarding all services offered to participants in the Independent Living Program in a manner that allows a program participant to effectively access and utilize those services, Program, as specified. The bill would require each county department of social services to annually update that information. The bill would require the department to publish on its Internet Web site for the Independent Living Program direct links to the information published by each county described above. The bill would require the department to annually update those links. By increasing county responsibilities, the 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 declares the intent of the Legislature to preserve and strengthen a childs family ties whenever possible, removing the child from the custody of his or her parents only when necessary for his or her welfare or for the safety and protection of the public. Existing law includes various provisions relating to appropriate placement and other services for children in foster care.

This bill would state the intent of the Legislature to enact legislation relating to foster youth.

 THIRD READING  

Bill No: AB 991

Author:

:

Vote:

SENATE HUMAN SERVICES COMMITTEE: 6-0, 6/12/18

AYES: Wiener, Glazer, Leyva, McGuire, Nguyen, Portantino

NO VOTE RECORDED: Berryhill

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 77-0, 1/29/18 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill requires each county department of social services to publish on the county’s Internet Web site information related to all services offered to participants in the Independent Living Program (ILP), and requires the Department of Social Services’ (CDSS) to provide access to this information through their Internet Web site.

ANALYSIS:

Existing law:

1. Establishes a system of juvenile dependency, under the jurisdiction of the dependency court, for children who are, or are at risk of, being physically, sexually, or emotionally abused, being neglected or exploited to ensure their safety, protection, and physical and emotional well-being. (WIC 300, et seq.)
2. Establishes a state and local system of child welfare services, including foster care, for children who have been determined to be under the jurisdiction of the dependency court. (WIC 202)
3. Provides that the purpose of dependency law is to provide maximum safety and protection for children who are currently being physically, sexually, or emotionally abused, being neglect, or being exploited, and to ensure the safety, protection, and physical and emotional well-being of children who are at risk of that harm. (WIC 300.2)
4. Establishes ILPs and provides states with flexible funding to use for these programs in so that states may better serve eligible foster youth in offering training, services, and programs to assist current and former foster youth gain the skills necessary to achieve self-sufficiency. (42 U.S.C. 677)
5. Requires CDSS to, with the approval of the federal government, permit all eligible children to be served by ILP until age 21. (WIC 10609.3(d))
6. Provides ILP eligibility for any child receiving state-funded Kinship Guardian Assistance Payment (Kin-GAP) Program benefits, as specified. (WIC 11375)
7. Provides ILP eligibility for former dependents of the juvenile court placed with a nonrelated legal guardian, as provided. (WIC 10609.45.)

This bill:

1. Requires each county department of social services publish on the county’s Internet Web site, if the county has an Internet Web site, information regarding all services offered to ILP participants, including, but not limited to, class schedules and contact information so that participants may effectively access and utilize those services.
2. Requires the county department of social services to update the ILP services published on their Internet Web site annually, as provided.
3. Requires CDSS to publish on its ILP Internet Web site direct links to the information provided by each county, and further requires CDSS to annually review and update those links as needed.

Background

Child Welfare Services (CWS)

The purpose of California’s CWS system is to protect children from abuse and neglect and provide for their health and safety through the provision of intensive services to families to allow children to remain in their homes, or by arranging temporary or permanent foster care placement of 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. When children are identified as being at risk of abuse, neglect or abandonment, county juvenile dependency courts hold legal jurisdiction and children are served by the CWS system through the appointment of a county social worker. This 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, to provide the best possible services to the child. According to data produced by University of California Berkeley’s Child Welfare Indicators Web site, there were approximately 60,000 children in out-of-home foster care through the child welfare system as of January 1, 2018.

Extended Foster Care

The federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (P.L. 110-351) enabled states to expand the definition of a foster “child,” by creating extended care for youth up to age 21. The federal law allows foster youth to remain in care past age 18 if they meet one of the following criteria:

• completing secondary education or a high school equivalency credential;
• enrolled in post-secondary or vocational education;
• employed for at least 80 hours a month; or
• participating in other qualifying activities.

As part of this effort, the federal Administration for Children and Families issued guidance allowing states to develop a range of supervised independent living settings which can be “reasonably interpreted as consistent with the law,” that would meet requirements for supervised settings without having an adult living onsite.^[1] In 2010, California enacted AB 12 (Beall, Chapter 559, Statutes of 2010), which permits foster youth to remain in extended foster care until age 21, under the same criteria as the federal statute. The intent of extended foster care is to bridge the gap between intensively supervised foster care and unsupervised adulthood by maintaining a safety net of support while providing the youth independence and additional educational or work opportunities.

The implementation of extended foster care in California was prompted by the recognition that many youth were unable to successfully transition from foster care or group care to adulthood without additional guidance and assistance. State data indicates that there were 8,788 nonminor dependents in care as of January 1, 2017, or roughly 14 percent of all youth in foster care.^[2] Of that number, 5,075 were in supervised independent living or transitional housing.

ILPs

ILPs provide training, services, and programs to facilitate self-sufficiency for current and former foster youth between the ages of 16 and 21. At the federal level, ILPs were permanently reauthorized by the Omnibus Reconciliation Act of 1993. In 1999 this was replaced by John H. Chafee Foster Care Independence Program (CFCIP), which resulted in grant funding being offered to states and tribes who submit a plan to assist youth with their transition to adulthood through a variety of services.

In California, an ILP is operated by the county welfare departments. Each program varies by county so that each county has the flexibility to serve the unique needs of its foster youth population. An eligible youth does not have to participate in an ILP.^[3] Under existing law, each county is responsible for either providing applicable services or contracting with outside entities that will provide services to meet the needs of ILP participants.

California’s foster youth are eligible for ILP services from age 16 until age 21, as long as the youth meets one of the following criteria:

• is or was in foster care at any time between their 16th and 19th birthday;
• was placed in out-of-home care by a tribe or tribal organization between their 16th and 19th birthdays;
• is or was a former dependent who entered into a kinship guardianship at any age and received a Kin-GAP after the age of 16; or
• is or was a former dependent who entered into a non-related legal guardianship after attaining age eight and is receiving permanent placement services. ^[4]

Comments

Purpose of the bill. According to the author, the resources available to youth through an ILP vary depending upon which county the eligible youth finds themselves in. At this time, these youth are dependent upon county ILP Coordinators to help them find the nearest location for ILP classes and related resources. There appears to be no streamlined, up to date resource where youth, or their advocates, may seek this information independently. This bill requires each county department of social services to publish on their Internet Web site information regarding all services offered to participants of their ILP. “This simple change will ensure that information is readily available and updated for youth and their advocates,” states the author. Additionally, the author notes that these changes would provide greater access to information regarding available services across county lines, enabling youth and their advocates to compare what is available in their county against what services may be available elsewhere in the state.

Related/Prior Legislation

SB 654 (Leno, Chapter 555, Statutes of 2010) extended eligibility for ILP services to former foster youth placed with a nonrelative legal guardian whose guardianship was ordered on or after the child’s eighth birthday.

SB 2399 (Portantino and Berg, 2008) would have extended eligibility for ILP to youth placed with nonrelative legal guardians. The bill did not pass out of the Senate Appropriations Committee.

SB 2194 (Bass, 2006) would have extended ILP to all youth placed with non-related legal guardians, and included those youth adopted from foster care at age 14 and older to those eligible for ILP. The bill did not pass out of the Senate Appropriations Committee.

H.R. 3443 (Johnson, P.L. 106-169, 1999) established the CFCIP to provide states with flexible funding enabling ILP programs to better serve eligible foster youth.

H.R. 3128 (Rostenkowski, P.L. 99-272, 1985) authorized the ILP to provide additional services to eligible foster youth in order to prepare them to live independently upon leaving foster care.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 7/2/18)

Child Abuse Prevention Center/California Family Resource Association

National Association of Social Workers

OPPOSITION: (Verified 7/2/18)

None received

ASSEMBLY FLOOR: 77-0, 1/29/18

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

Prepared by:

7/3/18 15:43:54

**** END ****

1. “Guidance on Fostering Connections to Success and Increasing Adoptions Act of 2008,” ACYF-CB-PI-10-11 ↑

2. Webster, D., Armijo, et al, (2017). CCWIP reports. Retrieved 4/20/2017, from University of California at Berkeley California Child Welfare Indicators Project website. ↑

3. See CDSS Manual Letter No. SS-03-01, <http://www.cdss.ca.gov/ord/entres/getinfo/pdf/ss0301.pdf> (as of May 10, 2018). ↑

4. See CDSS MPP 30-525. ↑

SENATE COMMITTEE ON HUMAN SERVICES

Senator Wiener, Chair

2017 - 2018 Regular

Bill No: AB 991

Subject: Foster youth: independent living services

SUMMARY

This bill requires each county department of social services to publish on the county’s Internet Web site information related to all services offered to participants in the Independent Living Program (ILP), and requires the Department of Social Services’ (CDSS) to provide access to this information through their Internet Web site.

ABSTRACT

Existing law:

1. Establishes a system of juvenile dependency, under the jurisdiction of the dependency court, for children who are, or are at risk of, being physically, sexually, or emotionally abused, being neglected or exploited to ensure their safety, protection, and physical and emotional well-being. (WIC 300, et seq.)
2. Establishes a state and local system of child welfare services, including foster care, for children who have been determined to be under the jurisdiction of the dependency court. (WIC 202)
3. Provides that the purpose of dependency law is to provide maximum safety and protection for children who are currently being physically, sexually, or emotionally abused, being neglect, or being exploited, and to ensure the safety, protection, and physical and emotional well-being of children who are at risk of that harm. (WIC 300.2)
4. Establishes ILPs and provides states with flexible funding to use for these programs in so that states may better serve eligible foster youth in offering training, services, and programs to assist current and former foster youth gain the skills necessary to achieve self-sufficiency. (42 U.S.C. 677)
5. Requires CDSS to, with the approval of the federal government, permit all eligible children to be served by ILP until age 21. (WIC 10609.3(d))
6. Provides ILP eligibility for any child receiving state-funded Kinship Guardian Assistance Payment (Kin-GAP) Program benefits, as specified. (WIC 11375)
7. Provides ILP eligibility for former dependents of the juvenile court placed with a nonrelated legal guardian, as provided. (WIC 10609.45.)

This bill:

1. Requires each county department of social services publish on the county’s Internet Web site information regarding all services offered to ILP participants, including, but not limited to, class schedules and contact information so that participants may effectively access and utilize those services.
2. Requires the county department of social services to update the ILP services published on their Internet Web site annually, as provided.
3. Requires CDSS to publish on its ILP Internet Web site direct links to the information provided by each county, and further requires CDSS to annually review and update those links as needed.

FISCAL IMPACT

According to the Assembly Committee on Appropriations on January 18, 2018, this bill may result in the following costs:

1. Unknown one-time automation costs to counties, likely in excess of $150,000 statewide, to meet the website requirements. Individual county costs will vary depending on the status of the information currently provided. These costs fall under Proposition 30 requirements.

Pursuant to Proposition 30 (November 2012) any legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by realignment (including child welfare services and foster care) only apply to local agencies to the extent that the state provides annual funding for the cost increase.

1. Minor and absorbable costs to DSS to publish information and provide the required links.

BACKGROUND AND DISCUSSION

Purpose of the bill:

According to the author, the resources available to youth through an ILP vary depending upon which county the eligible youth finds themselves in. At this time, these youth are dependent upon county ILP Coordinators to help them find the nearest location for ILP classes and related resources. There appears to be no streamlined, up to date resource where youth, or their advocates, may seek this information independently. This bill would require each county department of social services to publish on their Internet Web site information regarding all services offered to participants of their ILP. “This simple change will ensure that information is readily available and updated for youth and their advocates,” states the author. Additionally, the author notes that these changes would provide greater access to information regarding available services across county lines, enabling youth and their advocates to compare what is available in their county against what services may be available elsewhere in the state.

Background

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 through the provision of intensive services to families to allow children to remain in their homes, or by arranging temporary or permanent foster care placement of 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. When children are identified as being at risk of abuse, neglect or abandonment, county juvenile dependency courts hold legal jurisdiction and children are served by the CWS system through the appointment of a county social worker. This 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, to provide the best possible services to the child. According to data produced by UC Berkeley’s Child Welfare Indicators web site, there were approximately 60,000 children in out-of-home foster care through the child welfare system as of January 1, 2018.

Extended Foster Care

The federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (P.L. 110-351) enabled states to expand the definition of a foster “child,” by creating extended care for youth up to age 21. The federal law allows foster youth to remain in care past age 18 if they meet one of the following criteria:

• completing secondary education or a high school equivalency credential;
• enrolled in post-secondary or vocational education;
• employed for at least 80 hours a month; or
• participating in other qualifying activities.

As part of this effort, the federal Administration for Children and Families issued guidance allowing states to develop a range of supervised independent living settings which can be “reasonably interpreted as consistent with the law,” that would meet requirements for supervised settings without having an adult living onsite.^[1] In 2010, California enacted AB 12 (Beall, Chapter 559, Statutes of 2010), which permits foster youth to remain in extended foster care until age 21, under the same criteria as the federal statute. The intent of extended foster care is to bridge the gap between intensively supervised foster care and unsupervised adulthood by maintaining a safety net of support while providing the youth independence and additional educational or work opportunities.

The implementation of extended foster care in California was prompted by the recognition that many youth were unable to successfully transition from foster care or group care to adulthood without additional guidance and assistance. State data indicates that there were 8,788 nonminor dependents in care as of January 1, 2017, or roughly 14 percent of all youth in foster care.^[2] Of that number, 5,075 were in supervised independent living or transitional housing.

Independent Living Programs (ILP)

ILPs provide training, services, and programs to facilitate self-sufficiency for current and former foster youth between the ages of 16 and 21. At the federal level, ILPs were permanently reauthorized by the Omnibus Reconciliation Act of 1993. In 1999 this was replaced by John H. Chafee Foster Care Independence Program (CFCIP), which resulted in grant funding being offered to states and tribes who submit a plan to assist youth with their transition to adulthood through a variety of services.

In California, an ILP is operated by the county welfare departments. Each program varies by county so that each county has the flexibility to serve the unique needs of its foster youth population. An eligible youth does not have to participate in an ILP.^[3] Under existing law, each county is responsible for either providing applicable services or contracting with outside entities that will provide services to meet the needs of ILP participants.

California’s foster youth are eligible for ILP services from age 16 until age 21, as long as the youth meets one of the following criteria:

• is or was in foster care at any time between their 16th and 19th birthday;
• was placed in out-of-home care by a tribe or tribal organization between their 16th and 19th birthdays;
• is or was a former dependent who entered into a kinship guardianship at any age and received a Kinship Guardianship Assistance Payment (Kin-GAP) after the age of 16; or
• is or was a former dependent who entered into a non-related legal guardianship after attaining age eight and is receiving permanent placement services. ^[4]

Related legislation:

SB 654 (Leno, Chapter 555, Statutes of 2010) extended eligibility for ILP services to former foster youth placed with a nonrelative legal guardian whose guardianship was ordered on or after the child’s eighth birthday.

SB 2399 (Portantino and Berg, 2008) would have extended eligibility for ILP to youth placed with nonrelative legal guardians. This bill did not pass out of the Senate Appropriations Committee.

SB 2194 (Bass, 2006) would have extended ILP to all youth placed with non-related legal guardians, and included those youth adopted from foster care at age 14 and older to those eligible for ILP. This bill did not pass out of the Senate Appropriations Committee.

H.R. 3443 (Johnson, P.L. 106-169, 1999) established the John H. Chafee Foster Care Independence Program to provide states with flexible funding enabling ILP programs to better serve eligible foster youth.

H.R. 3128 (Rostenkowski, P.L. 99-272, 1985) authorized the ILP to provide additional services to eligible foster youth in order to prepare them to live independently upon leaving foster care.

COMMENTS

This bill proposes to mandate every county post specified information regarding ILPs, as provided. Concerns have been raised that some counties may not have an Internet Web site which would trigger Proposition 30. As noted in the analysis prepared by the Assembly Committee on Appropriations, “These costs fall under Proposition 30 requirements. Pursuant to Proposition 30 (November 2012) any legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by realignment (including child welfare services and foster care) only apply to local agencies to the extent that the state provides annual funding for the cost increase.”

While there does not appear to be any statutory requirement that a county operate and maintain an Internet Web site, an online search suggests that each county does have a Web site. To prevent the triggering of Prop 30, the Committee suggests the following amendments.

On page one, lines 3:

10609.43. (a)(1) Each For each county that has an Internet Web site, each county department of social services shall publish on the county’s Internet Website information regarding all services offered to participants in the Independent Living Program, including but not limited to, class schedules and contact information, or, if services are provided by a contractor, a link to the contractor’s Internet Web site listing programs and services offered.

PRIOR VOTES

POSITIONS

Support:

National Association of Social Workers

Child Abuse Prevention Center/California Family Resource Association

Children Now

Oppose:

None on file.

-- END --

1. “Guidance on Fostering Connections to Success and Increasing Adoptions Act of 2008,” ACYF-CB-PI-10-11 ↑

2. Webster, D., Armijo, et al, (2017). CCWIP reports. Retrieved 4/20/2017, from University of California at Berkeley California Child Welfare Indicators Project website. ↑

3. See CDSS Manual Letter No. SS-03-01, <http://www.cdss.ca.gov/ord/entres/getinfo/pdf/ss0301.pdf> (as of May 10, 2018). ↑

4. See CDSS MPP 30-525. ↑

ASSEMBLY THIRD READING

ATR Bill Id:AB 991

Author:(Reyes)

As Amended Ver:January 10, 2018

Majority vote

SUMMARY: Requires each county department of social services to publish information related to the Independent Living Program (ILP), and requires the Department of Social Services' (DSS) Internet Web site to provide access to that information.

Specifically, this bill:

1. Requires each county department of social services to publish information on its ILP or department Internet Web site regarding all services offered to ILP participants in order to allow participants to effectively access and utilize those services.
2. Requires the county department of social services to update published ILP services information on an annual basis, as specified.
3. Requires DSS to publish on its ILP Internet Web site direct links to the information provided by each county, and further requires DSS to annually review and update those links as needed.

EXISTING LAW:

1. Establishes a state and local system of child welfare services, including foster care, for children who have been adjudged by the court to be at risk of being or have been abused or neglected, as specified. (Welfare and Institutions Code (WIC) 202)
2. States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being physically, sexually, emotionally abused, neglected, or exploited, and to ensure the safety, protection, and physical and emotional well-being of children who are at risk of harm. (WIC 300.2)
3. Establishes the John H. Chafee Foster Care Independence Program (CFCIP) which provides states with flexible funding to enable ILP programs to better serve eligible foster youth in offering training, services, and programs to assist current and former foster youth gain the skills necessary to achieve self-sufficiency. (42 United States Code (U.S.C.) 677)
4. Requires DSS to, with the approval of the federal government, permit all eligible children to be served by ILP until age 21. (WIC 10609.3 (d))
5. Provides ILP eligibility for any child receiving state-funded Kinship Guardian Assistance Payment (Kin-GAP) Program benefits, as specified. (WIC 11375)

FISCAL EFFECT: According to the Assembly Appropriations Committee, this bill may result in the following costs:

1. Unknown one-time automation costs to counties, likely in excess of $150,000 statewide, to meet the website requirements. Individual county costs will vary depending on the status of the information currently provided. These costs fall under Proposition 30 requirements.

Pursuant to Proposition 30 (November 2012) any legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by realignment (including child welfare services and foster care) only apply to local agencies to the extent that the state provides annual funding for the cost increase.

1. Minor and absorbable costs to DSS to publish information and provide the required links.

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 to 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. There are currently over 60,000 children and youth in California's child welfare system.

ILP: Permanently authorized by the Omnibus Reconciliation Act of 1993 (Public Law (P.L.) 99-272) and subsequently replaced by the John H. Chafee Foster Care Independence Act (P.L. 106-169), the ILP provides training, services, and programs to facilitate self-sufficiency for current and former foster youth between the ages of 16 and 21. In California, the ILP is administered by county welfare departments and varies by county in order to allow each county the flexibility to serve the unique needs of its foster youth population. Each county is responsible for either providing services or contracting with outside entities that provide services to meet the needs of ILP participants.

Foster youth are eligible for ILP services at age 16 until their 21st birthday if the youth meets one of the following criteria:

1. Is or was in foster care at any time between his or her16th and 19th birthday;
2. Was placed in out-of-home care by a tribe or tribal organization between his or her 16th and 19th birthdays;
3. Is or was a former dependent who entered into a kinship guardianship at any age and received a Kinship Guardianship Assistance Payment (Kin-GAP) after the age of 16; or
4. Is or was a former dependent who entered into a non-related legal guardianship after attaining age 8 and is receiving permanent placement services.

Services provided to youth through ILP include training on personal finance and money management, career development, employment resources, daily living skills, building self-esteem, and financial assistance with college or vocational schools, among others. Participation in ILP is voluntary and, according to DSS, between July 2016 and June 2017, an average of 9,408 youth in the child welfare system and an average of 2,304 youth in the delinquency system received at least one ILP service.

Need for this bill: According to the author's office, "The core services offered to youth through the Independent Living Programs are designed to assist youth with: education, career development, financial budgeting skills, health, safety, housing, and permanency. When youth are not able to access these services because of the lack of updated contact information, we are not properly serving them. This legislation asks that each county department of social services publish on their county's Independent Living Program Web site information regarding all services offered to participants of ILPs. This simple change will ensure that information is readily available and updated for youth and their advocates."

PRIOR LEGISLATION:

SB 654 (Leno), Chapter 555, Statutes of 2010, extended eligibility for ILP services to former foster youth placed with a nonrelative legal guardian whose guardianship was ordered on or after the child's eighth birthday.

AB 2399 (Portantino) of 2008, would have extended eligibility for ILP to youth placed with nonrelative legal guardians. It was held in the Senate Appropriations Committee.

AB 2194 (Bass) of 2006, would have extended ILP to all youth placed with non-related legal guardians, and included those youth adopted from foster care at age 14 and older to the groups of eligible for ILP. It was held in the Senate Appropriations Committee.

House Resolution (H.R.) 3443 (Johnson), P.L. 106-169, 1999, established the John H. Chafee Foster Care Independence Program to provide states with flexible funding enabling ILP programs to better serve eligible foster youth.

H.R. 3128 (Rostenkowski), P.L. 99-272, 1985, authorized the Independent Living Program to provide additional services to eligible foster youth in order to prepare them to live independently upon leaving foster care.

Analysis Prepared by: Kelsy Castillo / HUM. S. / (916) 319-2089 FN: 0002556

Date of Hearing: January 18, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 991

Author:(Reyes) – As Amended Ver:January 10, 2018

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

SUMMARY: This bill requires each county department of social services to publish information related to the Independent Living Program (ILP), and requires the Department of Social Services’ (DSS) Internet Web site to provide access to that information. Specifically, this bill:

1. Requires each county department of social services to publish information on the county’s Internet Web site regarding all services offered to ILP participants in order to allow participants to effectively access and utilize those services.
   
2. Requires the county department of social services to update published ILP services information on an annual basis, as specified.
   
3. Requires DSS to publish on its ILP Internet Web site direct links to the information provided by each county, and further requires DSS to annually review and update those links as needed.

FISCAL EFFECT:

1. Unknown one-time automation costs to counties, likely in excess of $150,000 statewide, to meet the website requirements. Individual county costs will vary depending on the status of the information currently provided. These costs fall under Proposition 30 requirements.

Pursuant to Proposition 30 (November 2012) any legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by realignment (including child welfare services and foster care) only apply to local agencies to the extent that the state provides annual funding for the cost increase.

1. Minor and absorbable costs to DSS to publish information and provide the required links.

COMMENTS:

1. Purpose. According to the author’s office, “The core services offered to youth through the Independent Living Programs are designed to assist youth with: education, career development, financial budgeting skills, health, safety, housing, and permanency. When youth are not able to access these services because of the lack of updated contact information, we are not properly serving them. This legislation asks that each county department of social services publish on their county’s Independent Living Program Web site information regarding all services offered to participants of ILPs. This simple change will ensure that information is readily available and updated for youth and their advocates.”
2. Background. The ILP provides training, services, and programs to facilitate self-sufficiency for current and former foster youth between the ages of 16 and 21. In California, the ILP is administered by county welfare departments and varies by county in order to allow each county the flexibility to serve the unique needs of its foster youth population. Each county is responsible for either providing services or contracting with outside entities that provide services to meet the needs of ILP participants.
   

Foster youth are eligible for ILP services at age 16 until their 21^st birthday if the youth meets one of the following criteria:

1. Is or was in foster care at any time between his or her16^th and 19^th birthday;
2. Was placed in out-of-home care by a tribe or tribal organization between his or her 16^th and 19^th birthdays;
3. Is or was a former dependent who entered into a kinship guardianship at any age and received a Kinship Guardianship Assistance Payment (Kin-GAP) after the age of 16; or
4. Is or was a former dependent who entered into a non-related legal guardianship after attaining age 8 and is receiving permanent placement services.

Services provided to youth through ILP include training on personal finance and money management, career development, employment resources, daily living skills, building self-esteem, and financial assistance with college or vocational schools, among others. Participation in ILP is voluntary and, according to DSS, between July 2016 and June 2017, an average of 9,408 youth in the child welfare system and an average of 2,304 youth in the delinquency system received at least one ILP service.

1. Prior Legislation.

SB 654 (Leno), Chapter 555, Statutes of 2010, extended eligibility for ILP services to former foster youth placed with a nonrelative legal guardian whose guardianship was ordered on or after the child’s eighth birthday.

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

Date of Hearing: January 9, 2018

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Blanca Rubio, Chair

ABPCA Bill Id:AB 991 (

Author:Reyes) – As Amended Ver:January 3, 2018

SUBJECT: Foster youth: independent living services

SUMMARY: Requires each county department of social services to publish information related to the Independent Living Program (ILP), and requires the Department of Social Services’ (DSS) Internet Web site to provide access to that information.

Specifically, this bill:

1. Requires each county department of social services to publish information on its ILP or department Internet Web site regarding all services offered to ILP participants in order to allow participants to effectively access and utilize those services.
   
2. Requires the county department of social services to update published ILP services information on an annual basis, as specified.
   
3. Requires DSS to publish on its ILP Internet Web site direct links to the information provided by each county, and further requires DSS to annually review and update those links as needed.

EXISTING LAW:

1. Establishes a state and local system of child welfare services, including foster care, for children who have been adjudged by the court to be at risk of being or have been abused or neglected, as specified. (WIC 202)
   
2. States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being physically, sexually, emotionally abused, neglected, or exploited, and to ensure the safety, protection, and physical and emotional well-being of children who are at risk of harm. (WIC 300.2)
   
3. Establishes the John H. Chafee Foster Care Independence Program (CFCIP) which provides states with flexible funding to enable ILP programs to better serve eligible foster youth in offering training, services, and programs to assist current and former foster youth gain the skills necessary to achieve self-sufficiency. (42 U.S.C. 677)
   
4. Requires DSS to, with the approval of the federal government, permit all eligible children to be served by ILP until age 21. (WIC 10609.3 (d))
   
5. Provides ILP eligibility for any child receiving state-funded Kinship Guardian Assistance Payment (Kin-GAP) Program benefits, as specified. (WIC 11375)

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 to 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. There are currently over 60,000 children and youth in California’s child welfare system.

Independent Living Program (ILP): Permanently authorized by the Omnibus Reconciliation Act of 1993 (P.L. 99-272) and subsequently replaced by the John H. Chafee Foster Care Independence Act (P.L. 106-169), the ILP provides training, services, and programs to facilitate self-sufficiency for current and former foster youth between the ages of 16 and 21. In California, the ILP is administered by county welfare departments and varies by county in order to allow each county the flexibility to serve the unique needs of its foster youth population. Each county is responsible for either providing services or contracting with outside entities that provide services to meet the needs of ILP participants.

Foster youth are eligible for ILP services at age 16 until their 21^st birthday if the youth meets one of the following criteria:

1. Is or was in foster care at any time between his or her16^th and 19^th birthday;
   
2. Was placed in out-of-home care by a tribe or tribal organization between his or her 16^th and 19^th birthdays;
   
3. Is or was a former dependent who entered into a kinship guardianship at any age and received a Kinship Guardianship Assistance Payment (Kin-GAP) after the age of 16; or
   
4. Is or was a former dependent who entered into a non-related legal guardianship after attaining age 8 and is receiving permanent placement services.

Services provided to youth through ILP include training on personal finance and money management, career development, employment resources, daily living skills, building self-esteem, and financial assistance with college or vocational schools, among others. Participation in ILP is voluntary and, according to DSS, between July 2016 and June 2017, an average of 9,408 youth in the child welfare system and an average of 2,304 youth in the delinquency system received at least one ILP service.

Need for this bill: According to the author’s office, “The core services offered to youth through the Independent Living Programs are designed to assist youth with: education, career development, financial budgeting skills, health, safety, housing, and permanency. When youth are not able to access these services because of the lack of updated contact information, we are not properly serving them. This legislation asks that each county department of social services publish on their county’s Independent Living Program Web site information regarding all services offered to participants of ILPs. This simple change will ensure that information is readily available and updated for youth and their advocates.”

Recommended amendments: In order to clarify the information counties must provide on their Internet Web sites, committee staff recommends the following amendments:

On page 3 of the bill, make the following changes beginning on line 2:

    1

10609.43.   (a) (1) Each county department of social services

2

shall publish on the county’s Independent Living Program Internet

3

Web site, or, if that Internet Web site does not exist, the county

4

department of social services Internet Web site, information

5

regarding all services offered to participants in the Independent

6

Living Program, including, but not limited to, class schedules and contact information, or if services are provided by a contractor, a link to the contractor’s Internet Web site listing the programs and services offered. in a manner that allows a participant to effectively

7

access and utilize those services.

8

(2) The county department of social services shall annually

9

update the information published pursuant to paragraph (1) for

10

the purpose of ensuring the accuracy of information necessary for

11

a participant to effectively access and utilize Independent Living Program

12

services, including, but not limited to, class schedules and contact

13

information.

PRIOR LEGISLATION:

SB 654 (Leno), Chapter 555, Statutes of 2010, extended eligibility for ILP services to former foster youth placed with a nonrelative legal guardian whose guardianship was ordered on or after the child’s eighth birthday.

AB 2399 (Portantino & Berg), 2008, would have extended eligibility for ILP to youth placed with nonrelative legal guardians. It was held in the Senate Appropriations Committee.

AB 2194 (Bass), 2006, would have extended ILP to all youth placed with non-related legal guardians, and included those youth adopted from foster care at age 14 and older to the groups of eligible for ILP. It was held in the Senate Appropriations Committee.

H.R. 3443 (Johnson), P.L. 106-169, 1999, established the John H. Chafee Foster Care Independence Program to provide states with flexible funding enabling ILP programs to better serve eligible foster youth.

H.R. 3128 (Rostenkowski), P.L. 99-272, 1985, authorized the Independent Living Program to provide additional services to eligible foster youth in order to prepare them to live independently upon leaving foster care.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file.

Opposition

None on file.

Analysis Prepared by: Kelsy Castillo / HUM. S. / (916) 319-2089