AB 718: Dependent children: documents.
- Session Year: 2019-2020
- House: Assembly
- Latest Version Date: 2019-10-02
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Date
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Status
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| Oct 2, 2019 | Chaptered by Secretary of State - Chapter 438, Statutes of 2019. |
| Oct 2, 2019 | Approved by the Governor. |
| Sep 18, 2019 | Enrolled and presented to the Governor at 3:30 p.m. |
| Sep 10, 2019 | Assembly Rule 77 suspended. |
| Sep 9, 2019 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 11 pursuant to Assembly Rule 77. |
| Sep 9, 2019 | Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0.). |
| Sep 4, 2019 | Ordered to special consent calendar. |
| Aug 30, 2019 | From committee: Do pass. (Ayes 7. Noes 0.) (August 30). |
| Aug 12, 2019 | In committee: Referred to APPR. suspense file. |
| Jul 10, 2019 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (July 9). Re-referred to Com. on APPR. |
| Jun 27, 2019 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD. |
| Jun 25, 2019 | From committee: Do pass and re-refer to Com. on JUD. (Ayes 6. Noes 0.) (June 24). Re-referred to Com. on JUD. |
| Jun 6, 2019 | Referred to Coms. on HUMAN S. and JUD. |
| May 24, 2019 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 23, 2019 | Read third time. Passed. Ordered to the Senate. |
| May 20, 2019 | Read second time. Ordered to third reading. |
| May 16, 2019 | From committee: Amend, and do pass as amended. (Ayes 18. Noes 0.) (May 16). |
| Apr 24, 2019 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 2, 2019 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 12. Noes 0.) (April 2). Re-referred to Com. on APPR. |
| Apr 1, 2019 | Re-referred to Com. on JUD. |
| Mar 28, 2019 | Read second time and amended. |
| Mar 27, 2019 | From committee: Amend, and do pass as amended and re-refer to Com. on JUD. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (March 26). |
| Feb 28, 2019 | Referred to Coms. on HUM. S. and JUD. |
| Feb 20, 2019 | From printer. May be heard in committee March 22. |
| Feb 19, 2019 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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| Sep 10, 2019 | AB 718 Eggman Concurrence in Senate Amendments | Assembly Floor |
Passed |
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| Sep 9, 2019 | Special Consent AB718 | Senate Floor |
Passed |
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| Aug 30, 2019 | Do pass | Senate Standing Committee on Appropriations |
Passed |
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| Aug 12, 2019 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
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| Jul 9, 2019 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Judiciary |
Passed |
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| Jun 24, 2019 | Do pass, but first be re-referred to the Committee on [Judiciary] | Senate Standing Committee on Human Services |
Passed |
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| May 23, 2019 | AB 718 Eggman Assembly Third Reading | Assembly Floor |
Passed |
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| May 16, 2019 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
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| Apr 2, 2019 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Judiciary |
Passed |
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| Mar 26, 2019 | Do pass as amended, and be re-referred to the Committee on [Judiciary] with recommendation: To Consent Calendar | Assembly Standing Committee on Human Services |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 718
Author:(Eggman)
As Amended Ver:June 27, 2019
Majority vote
SUMMARY:
Makes changes to current law regarding information, documents, and services to be provided to foster youth at various points throughout their involvement with the child welfare services system.
Major Provisions
- Requires, at the first regularly scheduled review hearing after a dependent youth has turned 16 years old, a county welfare department to submit a report verifying that certain documents, information and services have been provided to the youth, including, among other things and as specified: the youth's social security card; a copy of the youth's birth certificate; the youth's driver's license or identification card; and assistance as applicable with obtaining employment, financial aid, access to education and training, and financial literacy resources.
- Revises the list of documents, information, and services that a county welfare department must verify, at the last review hearing prior to a youth's 18th birthday, have been provided to a youth, as specified.
- Revises the list of information, documents, and services that a county welfare department, at the last review hearing prior to that youth's 18th birthday, and at every subsequent review hearing, must report to the court its progress in providing to the youth, as specified.
- Includes written information notifying a youth about financial literacy resources among the list of information, documents, and services that current law requires a county welfare department to verify, in a report to the juvenile court, has been provided to a nonminor prior to dependency jurisdiction over that nonminor dependent being terminated, as specified.
The Senate Amendments:
Delete the inclusion of a copy of the individualized education program or plan and any educational psychological assessments among the list of information, documents, and services that a county welfare department must report to the court its progress in providing to a youth at the last review hearing prior to that youth's 18th birthday, and at every subsequent review hearing.
COMMENTS:
Extended foster care: The federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351) authorized states to extend Social Security Act Title IV-E foster care assistance to eligible youth in the child welfare and probation systems until they turn 21. AB 12 (Beall), Chapter 559, Statutes of 2010, and subsequent state legislation, implemented provisions of this federal Act, thereby allowing for participation of eligible youth in "extended foster care" until the age of 21. Extended foster care is optional; youth who are between the ages of 18 and 21 participating in extended foster care are referred to as "nonminor dependents." Youth who are in a foster care placement on their 18th birthday may be eligible for extended foster care if they meet a number of requirements. Approved placements can include remaining in an existing placement (such as with a relative or other resource family), and certain transitional housing and supervised independent living placements. Extended foster care offers many youth services and supports as they transition to adulthood.
Need for this bill: Current law requires the provision of certain documents, information, and services to a nonminor dependent prior to termination of jurisdiction. Current law also requires a county welfare department to, at the hearing before a dependent minor turns 18 years old, and at every review hearing thereafter, submit a report describing efforts toward providing certain documents and information to the youth. This bill seeks to increase the access that foster youth and nonminor dependents have to various documents, information, and services – and to broaden those items to include financial literacy resources – as they transition to adulthood and greater levels of independence, acknowledging the need that some youth may have for such materials and supports before they turn 18 years old, and between turning 18 and exiting foster care.
According to the Author:
"While many positives have come from the extension of benefits for youth involved in the foster care system, one result of the implementation of AB 12 (2010) has been that many youth do not receive important documents, such as their social security card, driver's license, and birth certificate, until well past the period when they need these documents to navigate employment, housing, higher education or financial aid applications. [This bill] would provide youth with important documentation and support when it is needed, which will give them a better opportunity to achieve their goals and be independent."
Arguments in Support:
Writing in support, Children Now states, that, "[this bill] enables youth to receive vital services and documents, such as their birth certificate or help obtaining employment, when they need them, rather than merely right before they exit foster care. It will also ensure that youth are provided with written information on financial literacy programs or other available resources to help them obtain financial literacy skills, including information on banking, credit card debt, student loan debt, credit scores, credit history, and personal savings. Moreover, by requiring county social workers to submit reports describing their efforts to provide youth with vital information, documents, and services both before and after a youth turns 18, [this bill] decreases the chances that any youth will exit care without having received this critical support. [This bill] will better prepare foster youth to successfully navigate the transition to adulthood."
Arguments in Opposition:
None of file.
FISCAL COMMENTS:
According to the Senate Appropriations Committee, this bill may result in potential increased one-time state costs of $96,000 ($79,000 General Fund), to the extent the provisions of this bill result in increased county social worker workload. To the extent on average 30 minutes of time is required for the first cohort of 16 year olds, increased state costs (non-reimbursable) associated with gathering information, preparing reports, and providing the required services for 2,266 youth could result. It is assumed the subsequent year report and information for the youth would require reduced time, however, that would be offset by the additional workload incurred as the next cohort of 16-year olds would be provided this information.
VOTES:
ASM HUMAN SERVICES: 8-0-0
YES: Reyes, Mathis, Luz Rivas, Choi, Friedman, Gipson, Maienschein, Mark Stone
ASM JUDICIARY: 12-0-0
YES: Mark Stone, Gallagher, Chau, Chiu, Gonzalez, Holden, Kalra, Kiley, Maienschein, Obernolte, Petrie-Norris, Reyes
ASM APPROPRIATIONS: 18-0-0
YES: Gonzalez, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Diep, Eggman, Fong, Gabriel, Eduardo Garcia, Maienschein, Obernolte, Petrie-Norris, Quirk, Robert Rivas
ASSEMBLY FLOOR: 78-0-2
YES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, O'Donnell, Obernolte, Patterson, Petrie‑Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon
ABS, ABST OR NV: Cooley, Eduardo Garcia
SENATE FLOOR: 40-0-0
YES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dahle, Dodd, Durazo, Galgiani, Glazer, Lena Gonzalez, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Jones, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Stone, Umberg, Wieckowski, Wiener, Wilk
UPDATED:
VERSION: June 27, 2019
CONSULTANT: Daphne Hunt / HUM. S. / (916) 319-2089 FN: 0001988
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 718 |
THIRD READING
Bill No: AB 718
Amended: 6/27/19 in Senate
SENATE HUMAN SERVICES COMMITTEE: 6-0, 6/24/19
AYES: Hurtado, Stone, Beall, Jackson, Pan, Wiener
SENATE JUDICIARY COMMITTEE: 8-0, 7/9/19
AYES: Jackson, Durazo, Lena Gonzalez, Jones, Monning, Stern, Umberg, Wieckowski
NO VOTE RECORDED: Borgeas
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/30/19
AYES: Portantino, Bates, Bradford, Durazo, Hill, Jones, Wieckowski
ASSEMBLY FLOOR: 78-0, 5/23/19 - See last page for vote
SUBJECT: Dependent children: documents
SOURCE: Children’s Law Center of California
DIGEST:
This bill requires county welfare departments (CWDs) to submit a report verifying to the juvenile dependency court that the county has provided certain information, documents, and services at two intervals: the first regularly scheduled court review hearing after a foster youth turns 16 and before a foster youth turns 18, until they age out of foster care, as specified.
Existing law:
- Provides that the court may have within its jurisdiction any nonminor dependent, between the age of majority and 21 years, as defined. Provides that a nonminor dependent shall retain all of their legal decision-making authority as an adult, except as specified. (WIC 303)
- Provides for youth in foster care on their 18th birthday, or such higher age the state has elected, as defined, be enrolled to receive Medi-Cal benefits without any interruption in coverage and without requiring a new application, as specified. (WIC 14005.28 and 14005.285)
- Defines “nonminor dependent” as a current foster youth or ward of the juvenile court, or nonminor under the transition jurisdiction of the court, who is between 18 and 21 years old; in foster care under the placement and care responsibility of the CWD, county probation department, or Indian tribe, or tribal organization; and has a transitional independent living plan, as specified. (WIC 11400 (v))
- Provides that a nonminor, aged 18-21, shall continue to receive foster care assistance under certain conditions, as specified. (WIC 11403)
- Requires the status of every minor or nonminor dependent in foster care to be reviewed by the court at least once every six months, as specified. Requires the court, in regular status reviews after the youth has attained specified ages, to review the status of providing the youth certain information and documents including the social security card, birth certificate, and driver’s license or identification card. (WIC 366, 366.3, and 391)
- Requires the CWD to submit a report describing whether it is in the nonminor’s best interest to remain under the court’s dependency jurisdiction, include a recommended transitional independent living case plan, and submit documentation of the reasonable efforts made by the department to provide the youth with assistance need to meet or maintain eligibility as a nonminor dependent, as specified. (WIC 391 (b))
- Prohibits a dependency court from terminating jurisdiction over a nonminor dependent until a hearing is conducted and the CWD has submitted a report verifying that certain information, documents, and services have been provided to the nonminor or, in the case of a nonminor who can’t be located, verifying efforts made to provide these items and services to the nonminor, as specified. Stipulates that the information, documents, and services to be provided to the nonminor, as specified. (WIC 391 (e))
- Requires a CWD to, at the hearing closest to and before a dependent minor’s 18th birthday and every review hearing thereafter for nonminors, submit a report describing efforts toward providing the youth with necessary items, as specified. (WIC 391 (f))
- Requires, when a youth is placed in foster care, the case plan for each youth to include a summary of the health and education information and records, including mental health information and records, of the youth, to contain certain information, as specified. (WIC 16010 (a))
- Authorizes a nonminor who is at least 18 years old while subject to an order for foster care placement but who is not yet 21 years old or older, and certain other entities on behalf of the nonminor, to petition the court to resume dependency jurisdiction over a former dependent or to assume or resume transition jurisdiction over a former ward, and establishes related requirements and processes, as specified. (WIC 388 (e))
- Defines “voluntary re-entry agreement” to mean a voluntary agreement between a former dependent youth, ward, or a former nonminor dependent whose county welfare or probation department or tribal placing entity documents the nonminor’s desire and willingness to re-enter foster care to be placed in a supervised setting under the placement and care responsibility of the placing agency, and stipulates related obligations on the part of the nonminor, as specified. (WIC 11400 (z))
- Requires, during the 90-day period prior to a dependent youth attaining 18 years of age or older, a caseworker or other individual, as appropriate, to provide the youth or nonminor dependent with assistance and support in developing a 90-day transition plan that is personalized for the youth and includes options regarding such factors as housing, health insurance, education, support services, and the like, as specified. (WIC 16501.1 (g)(16)(B))
- Requires, to the extent federal finanical participation is available, the Department of Health Care Services to provide Medi-Cal benefits to an individual until their 26th birthday if they were in foster care on their 18th birthday, as specified. (WIC 14005.28)
This bill:
- Requires, at the first regularly scheduled review hearing after a dependent youth has turned 16 years old, a CWD to submit a report verifying that the following has been provided to the youth, as specified:
- The youth’s social security card, so long as it is only provided temporarily and for one of the following purposes: to obtain employment; to apply to a postsecondary education institution or vocational training program; to apply for financial aid; to apply for or access public benefits; as otherwise determined by the youth’s caseworker, including in response to a request from the youth;
- A copy of the youth’s birth certificate, and a certified copy of the youth’s birth certificate upon request of the youth;
- The youth’s driver’s license or identification card;
- Assistance in obtaining employment, if applicable;
- Assistance in preparing to apply for or applying for admission to college, a vocational training program, or other educational institution, and in obtaining financial aid, where applicable;
- Written notification regarding foster youth and former foster youth being granted preference in certain public sector student assistant or internship positions; and,
- Written information about financial literacy programs or other available resources provided to help youth obtain financial literacy skills, including but not limited to: banking, credit card debt, student loan debt, credit scores, credit history, and personal savings.
- Revises the list of information, documents and services that a CWD must report to the court, at the last review hearing prior to that youth’s 18th birthday, and at every subsequent review hearing, its progress in providing to the youth, as specified.
- Includes the requirement to provide written information notifying a youth about financial literacy resources and of their eligibility to receive Medi-Cal until age 26 regardless of income, among the list of information, documents and services that current law a must CWD provide to a nonminor prior to dependency jurisdiction being terminated, as specified.
Background
According to the author, “While many positives have come from the extension of benefits for youth involved in the foster care system, one result of the implementation of AB 12 (Beall, Chapter 559, Statutes of 2010) has been that many youth do not receive important documents, such as their social security card, driver’s license, and birth certificate…when they need these documents to navigate employment, housing, higher education or financial aid applications. (This bill) would provide youth with important documentation and support when it is needed, which will give them a better opportunity to achieve their goals and be independent.” Specifically this bill would “require the same important documents and information be provided to a dependent youth at age 16, as a youth (who) has reached 18 years old, rather than at termination of dependency.”
Child Welfare Services (CWS). California’s CWS is charged with protecting children from abuse and neglect and providing for their health, safety, and overall well-being. When warranted, abused and neglected children may be removed from their homes and placed into foster care. It is the state’s goal to reunify foster children or youth with their biological families whenever possible. In instances where reunification is not possible, it is the state’s primary goal to provide a permanent placement alternative such as adoption or guardianship. The second highest placement priority of CWS is to unite children with other relatives or nonrelative extended family members. As of October 1, 2018, there were 59,487 children in California’s CWS system.
Fostering Connections Act. The federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351) authorized states to extend federal assistance to eligible youth in the child welfare and probation systems until they turn 21 years of age. It was the first federal law to address the need to “connect and support relative caregivers, improve outcomes for children in foster care, provide for tribal foster care and adoption access, improve incentives for adoption, and for other purposes.” The Act offers states the opportunity to opt-in to new federal funding streams, if they choose to provide kinship-guardianship benefits to relative guardians or if they provide foster care to 18 to 21-year-old youth. AB 12 (Beall, Chapter 559, Statutes of 2010) established California’s Foster Connections to Success Act and California’s ability to receive federal financial participation funds for current or former dependent children or nonminor dependents, who receive support up to 21 years of age, through the federal Fostering Connections Act.
Extended Foster Care Program. Extended Foster care is the optional program for foster youth between the ages of 18 and 21 and refers to participants as “nonminor dependents.” Youth who are in a foster care placement including those who are probation-supervised, on their 18th birthday may be eligible for the program if they meet a certain requirements. These requirements include participation in certain educational or employment activities; living in an approved placement; and agreeing to work with their social worker or probation officer, as applicable, on meeting goals outlined in their Transitional Independent Living Case Plan. Approved placements can include remaining in an existing placement (such as with a relative, resource family, etc.), or certain transitional housing and supervised independent living placements. A youth in extended foster care can receive financial support, educational and housing opportunities, and other services to support them as they transition into adulthood. When foster youth emancipate from the CWS system, they may not have access to educational records and other documents they may need to apply for jobs, housing, and higher education.
Preparing Youth to Exiting Foster Care. In an effort to ensure former foster youth are better prepared to face the challenges of adulthood, the Legislature has passed a number of laws, which require that specified information, documents, and services are available to foster youth prior to emancipation from the dependency system. This traditionally occurs at 18 years of age. AB 686 (Aroner, Chapter 911, Statutes of 2000) required a CWD to verify to the court that it has provided specified information and services, including the social security card, certified birth certificate, identification card, death certificate of parent or parents, and proof of citizenship or residence to the dependent prior to termination of the court’s jurisdiction, and authorized the court to continue jurisdiction if it is not provided, under certain circumstances.
Research has shown that former foster youth have poorer overall outcomes than youth who are not involved in the child welfare system. According to research from John Burton Advocates for Youth, by age 26, these youth are 300 percent more likely to be living in poverty than youth without a history of involvement with child welfare services. Additionally, research from the Urban Institute found that foster youth have less exposure to “healthy financial behaviors” and traditional financial institutions as they grow up. Providing access to resources, such as financial literacy resources and information, could provide foster youth, as they transition to adulthood, with a greater level of independence and increase their ability to navigate the world.
Related/Prior Legislation
SB 996 (Evans, 2014) is substantially similar to this bill, which passed the legislature unanimously before being vetoed by Governor Brown.
SB 343 (Yee, 2013) was substantially similar to this bill but did not include the financial literacy provisions contained in this bill. It also expanded the required documents provided to a dependent prior to termination of dependency by the court, as specified. This bill died in the Assembly Appropriations Committee.
AB 212 (Beall, Chapter 459, Statutes of 2011) expanded the required documents provided to youth prior to a court terminating jurisdiction over a dependent to include an advance health care directive form, the judicial counsel form that a youth would use to resume dependency under extended foster care, and the federally required 90-day transition plan.
AB 12 (Beall, Chapter 559, Statutes of 2010) established the Fostering Connections Act that allowed California to seek federal financial participation in Kinship Guardianship Assistance Payments, and extended transitional foster care services to eligible youth between 18 and 21 years of age.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee, increased one-time state costs of $96,000 ($79,000 GF) to the extent the provisions of this bill result in increased county social worker workload. To the extent on average 30 minutes of time is required for the first cohort of 16 year olds, increased state costs (non-reimbursable) associated with gathering information, preparing reports, and providing the required services for 2,266 youth could result. It is assumed the subsequent year report and information for the youth would require reduced time, however, that would be offset by the additional workload incurred, as the next cohort of 16-year olds would be provided this information.
Children's Law Center of California (source)
Alliance for Children's Rights
Aspiranet
California Court Appointed Special Advocate Association
California Women's Law Center
Children Now
Children's Law Center of California
East Bay Children's Law Offices
Juvenile Court Judges of California
Juvenile Defense Panel
National Association of Social Workers, California Chapter
National Center for Youth Law
Public Counsel
OPPOSITION: (Verified 8/30/19)
None received
ASSEMBLY FLOOR: 78-0, 5/23/19
AYES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon
NO VOTE RECORDED: Cooley, Eduardo Garcia
Prepared by: Bridgett Hankerson / HUMAN S. /
8/31/19 11:45:11
**** END ****
SENATE COMMITTEE ON
Senator Anthony Portantino, Chair
2019 - 2020 Regular Session
AB 718 (Eggman) - Dependent children: documents
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
AB 718 would require county welfare departments (CWDs) to submit a report verifying to the juvenile dependency court that the county has provided certain information, documents, and services at two intervals: the first regularly scheduled court review hearing after a foster youth turns 16 and before a foster youth turns 18, until they age out of foster care, as specified.
Fiscal Impact:
Potential increased one-time state costs of $96,000 ($79,000 GF), to the extent the provisions of this bill result in increased county social worker workload. To the extent on average 30 minutes of time is required for the first cohort of 16 year olds, increased state costs (non-reimbursable) associated with gathering information, preparing reports, and providing the required services for 2,266 youth could result. It is assumed the subsequent year report and information for the youth would require reduced time, however, that would be offset by the additional workload incurred as the next cohort of 16-year olds would be provided this information.
Proposition 30 (November 2012) eliminated any potential mandate funding liability for any new program or higher level of service mandated on local agencies related to realigned programs, including child welfare services and foster care. Rather, 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 only apply to local agencies to the extent that the state provides annual funding for the cost increase. Local agencies are not obligated to provide programs or levels of service required by legislation above the level for which funding has been provided.
Background:
AB 12 (Beall, Chapter 559, Statutes of 2010) established California’s Foster Connections to Success Act and California’s ability to receive federal financial participation funds for current or former dependent children or nonminor dependents, who receive support up to 21 years of age, through the federal Fostering Connections Act. Extended foster care is the optional program for foster youth between the ages of 18 and 21.
In an effort to ensure former foster youth are better prepared to face the challenges of adulthood, the Legislature has passed a number of laws, which require that specified information, documents, and services are available to foster youth prior to emancipation from the dependency system. This traditionally occurs at 18 years of age. AB 686 (Aroner, Chapter 911, Statutes of 2000) requires a county welfare department to verify to the court that it has provided specified information and services, including the social security card, certified birth certificate, identification card, death certificate of parent or parents, and proof of citizenship or residence to the dependent prior to termination of the court’s jurisdiction, and authorizes the court to continue jurisdiction if it is not provided, under certain circumstances.
Proposed Law:
This bill would revise and recast existing statute pertaining to documentation given to dependent youth between the ages of 18 and 21 and instead would require that the process begins when the youth turns 16. Specifically, this bill would:
- Require, at the first regularly scheduled review hearing after a dependent youth has turned 16 years old, a county welfare department to submit a report verifying that the youth has been provided their driver’s license and certain information and services, including services that help them attain employment, apply for college, and attain financial literacy, as specified;
- Revise the list of documents, information, and services that a CWD must verify has been provided to a youth, at the last review hearing prior to a youth's 18th birthday;
- Revise the list of information, documents and services that a CWD must report to the court, at the last review hearing prior to that youth’s 18th birthday, and at every subsequent review hearing, its progress in providing to the youth, as specified;
- Provide the requirement to provide written information notifying a youth about financial literacy resources and of their eligibility to receive Medi-Cal until age 26 regardless of income, among the list of information, documents and services that current law a must CWD provide to a nonminor prior to dependency jurisdiction being terminated, as specified.
Related Legislation:
SB 996 (Evans, 2014) was substantially similar to this bill. The measure was vetoed by Governor Brown.
SB 343 (Yee, 2013) was substantially similar to this bill but did not include the financial literacy provisions contained in this bill. The measure was held in the Assembly Appropriations Committee.
AB 686 (Aroner, Chapter 911, Statues of 2000) required the CWD to verify to the court that it has provided specified information and services, including the social security card, certified birth certificate, identification card, death certificate of parents, and proof of citizenship or residence to the youth prior to termination of dependency by the court.
-- END --
Senator Hannah-Beth Jackson, Chair
2019-2020 Regular Session
Bill No: AB 718 (Author:Eggman)
Version: June 27, 2019
Hearing Date: July 9, 2019
Fiscal: Yes
Urgency: No
Consultant: JT
SUBJECT
Dependent children: documents
DIGEST
Existing law requires that a dependent youth who is between the ages of 18 and 21 be provided with certain information, documents, and services to facilitate the youth’s transition to living independently. This bill requires that process to begin when the youth turns 16.
EXECUTIVE SUMMARY
Welfare and Institutions Code section 391 authorizes the juvenile court to terminate its jurisdiction over a nonminor dependent (NMD) in foster care who is between the ages of 18 and 21, but only in three narrowly defined circumstances and only after the county welfare department has submitted a report containing recommendations and verifying it has provided the nonminor with certain information and important documents, including their Social Security card, driver’s license, and birth certificate, as well as assistance in attaining education, employment, and housing. (Welf. & Inst. Code § 391(b)–(e).) This requirement aims to prepare youths to transition into living independently.
Contending that some of the information, documents, and services would benefit youths more if they received them before attaining the age of majority, the Children’s Law Center of California has sponsored this bill to require this process to begin when the youth turns 16, and to continue at the youth’s regularly scheduled dependency review hearings, until the youth separates from the system. The bill is supported by a coalition of organizations and has no known opposition.
The Senate Human Services Committee passed the bill by a vote of 6-0.
PROPOSED CHANGES TO THE LAW
Existing law:
- Provides that a child may become a dependent of the juvenile court and be removed from the control of their parents or guardian on the basis of abuse or neglect. (Welf. & Inst. Code § 300.)[1]
- Requires that the status of every dependent in foster care be reviewed by the court at least once every six months, as specified. (§§ 366 & 366.3.)
- Provides that, as of January 1, 2012, the court may have within its jurisdiction any NMD, between the age of majority and 21 years. Further provides that an NMD retains all of their legal decision-making authority as an adult, except as specified. (§ 303.)
- Provides that a nonminor ages 18-21 continues to receive foster care assistance under certain conditions, including that one or more of the following conditions exist:
- the nonminor is working toward their high school education or an equivalent credential;
- the nonminor is enrolled in a postsecondary institution or vocational education program;
- the nonminor is participating in a program or activity designed to promote or remove barriers to employment;
- the nonminor is employed for at least 80 hours per month; and
- the nonminor is incapable of doing any of the activities described above, due to a medical condition, and that incapability is supported by regularly updated information in the case plan of the nonminor. (§ 11403.)
- Prohibits a dependency court from terminating jurisdiction over a nonminor unless a hearing is conducted in accordance with specified requirements and the court finds that the nonminor:
- does not wish to remain subject to dependency jurisdiction (§ 391(c)(1)(A));
- is not participating in a transitional independent living case plan (id. at (c)(1)(B)); or
- cannot be located (id. at (d)(1)).
- Requires, as a prerequisite to termination of dependency jurisdiction under 5), above, that the county welfare department submit a report verifying specified information, documents, and services have been provided to the nonminor. Specifically:
- written information concerning the nonminor’s case and background;
- Social Security card; birth certificate; health and education summary; driver’s license or identification card; a letter prepared by the county welfare that includes the nonminor’s name and date of birth, the dates the nonminor was in the juvenile court’s jurisdiction, and a statement that the nonminor was a foster youth in compliance with state and federal financial aid documentation requirements; other background information regarding the minor; a form to file the petition for the juvenile court to resume jurisdiction; a 90-day transition plan; and written verification that the eligible nonminor is enrolled in Medi-Cal and the nonminor’s Medi-Cal Benefits Identification Card;
- continued and uninterrupted enrollment in Medi-Cal for eligible nonminors;
- referrals to transitional housing or assistance in securing other housing;
- assistance in obtaining employment or other financial support;
- assistance in applying for admission to educational institutions and obtaining financial aid;
- assistance in maintaining relationships with individuals who are important to a nonminor who has been in out-of-home placement for six months or longer from the date the nonminor entered foster care, based on the nonminor’s best interests;
- for nonminors between 18 and 21 years of age, assistance in accessing the Independent Living Aftercare Program, completing a reentry agreement for care and placement, and filing a petition to resume dependency jurisdiction; and
- written information notifying the child that current or former dependent children who are or have been in foster care are granted a preference for student assistant or internship positions with state agencies. (§ 391(e).)
This bill:
- Replaces existing section 391 with a revised version of the statute that applies when the child attains 16 years of age.
- When the child turns 16, requires that the child be provided with their driver’s license and certain information and services, including services that help them attain employment, apply for college, and attain financial literacy. Specifies that the Social Security card may only be provided to the child on a temporary basis for certain purposes. Specifies that the child’s birth certificate may only be provided upon request of the child.
- At the last regularly scheduled hearing before the child attains 18 years of age, requires that the child be provided with all of their identifying documents as well as other specified documents and information. Additionally, at that hearing, and going forward should the youth receive extended foster care, the youth must be provided with certain services, including those described in 2), above, as well as additional services that will help them transition into independent living.
- Otherwise retains the existing process for emancipating a nonminor under current section 391.
COMMENTS
- Background
Each year in California, about 5,000 youth emancipate from foster care, which is by far the largest number of any state in the U.S. Over the past decade, according to data from the state’s Child Welfare Services/Case Management System, about 52,000 Californians have emancipated from foster care (from 3,974 in 1998-99 to 5,387 in 2008-09.). The immediate outcomes for these young adults are sobering. Studies have shown that former foster youth, when compared to other young adults of the same age and race, are less likely to complete high school, attend college, or be employed. They are also at a higher risk for becoming homeless, arrested, and incarcerated.[2]
In an effort to ensure former foster youth are better prepared to face the challenges of adulthood, the Legislature has passed a number of laws requiring that specified information, documents, and services be made available to dependents prior to emancipation from the dependency system, traditionally at 18 years of age. AB 686 (Aroner, Ch. 911, Stats. 2000) required the county welfare department to verify to the court that it had provided specified information and documents—including the nonminor’s Social Security card, certified birth certificate, identification card, death certificate of parent or parents, and proof of citizenship or residence—to the dependent prior to termination of the court’s jurisdiction. That bill authorized the court to continue jurisdiction if the information was not provided, as specified. The bill also required that a dependent receive assistance in completing an application for Medi-Cal or other health insurance, securing housing, and in obtaining employment or other financial support, prior to emancipation.
AB 12 (Beall, Ch. 559, Stats. 2010) enacted the California Fostering Connections to Success Act, which authorized the juvenile courts to exercise jurisdiction over NMDs between the ages of 18 to 21 if they meet the specified criteria. One year later, the Legislature enacted AB 212 (Beall, Ch. 459, Stats. 2011) to aid in the implementation of the Act. AB 1712 (Beall, Ch. 846, Stats. 2012) and AB 787 (Stone, Ch. 487, Stats. 2013) further clarified specific issues related to that implementation, including clarifying that former NMDs who reached permanency, but whose guardian, relative, or adoptive parent died before their 21st birthday, may reenter extended foster care. AB 2454 (Quirk-Silva, Ch. 769, Stats. 2014) continued the Legislature’s efforts to ensure the AB 12 is properly implemented by ensuring that NMDs whose guardian or adoptive parents fail to support them, as specified, are able to petition the court for reentry into the extended foster care program.
This bill is similar to two predecessors. SB 343 (Yee, 2013) was introduced to ensure that dependents receive specified important documents, services, and information prior to emancipating from the dependency system, beginning at 16 years of age. That bill was held in the Assembly Appropriations Committee. SB 996 (Evans) of the 2013-14 Legislative Session was similar to SB 343. That bill was vetoed by Governor Brown. In his veto message, Governor Brown acknowledged the importance of foster youth having access to important documents, but expressed concerns about identify theft:
This bill would revise both the timeframes and frequency with which a county social worker must submit a report to the juvenile court verifying that certain documents and services have been provided to a youth prior to exiting foster care. The bill would also add financial literacy to the written materials required to be presented to the foster youth.
Having access to one's own vital documents is necessary in the transition to adulthood. Some reports suggest that not all youth feel responsible enough at age 16 to handle these documents, and that providing them at an earlier age, as this bill requires, may exacerbate the problem of identity theft for foster youth.
I would encourage county social workers, foster youth advocates, and court representatives to work on a solution that takes these variables into account.
This bill represents another attempt at enacting these policy goals. The author writes:
While many positives have come from the extension of benefits for youth involved in the foster care system, one result of the implementation of AB 12 (2010) has been that many youth do not receive important documents, such as their Social Security card, driver’s license, and birth certificate, until well past the period when they need these documents to navigate employment, housing, higher education or financial aid applications. AB 718 would provide youth with important documentation and support when it is needed, which will give them a better opportunity to achieve their goals and be independent. It will reorganize the Welfare & Institutions Code § 391 to make sure that youth receive vital documents and information at the first regularly scheduled hearing after the youth has reached age 18, rather than at termination of dependency. Additionally, it requires the same information be provided to dependent youth at age 16, as specified.
2. Provides dependents with key information, documents, and services beginning at age 16 rather than age 18
Section 391 requires the dependency court to conduct a hearing prior to terminating jurisdiction over an NMD. At this hearing the court must determine, among other things, that specific information has been included in a report by the county, and that the dependent has received particular information, documents, and services. Among the information included in the report is a transitional living case plan for the dependent, as specified, family history documents and photographs, any known information regarding the dependent’s Indian heritage or tribal connections, and the whereabouts of any siblings under the jurisdiction of the juvenile court. Among the documents that the dependent must receive are: their Social Security card, driver’s license or identification card, a certified copy of their birth certificate, a health and education summary, and a letter prepared by the county that includes important documents related to the dependent’s history and future. Finally, the child must also receive certain services relating to employment, education, and housing.
This bill seeks to ensure that dependents receive the information, documents, and services at an earlier age before the youth is on the verge of exiting the dependency system. Juvenile Court Judges of California, in support, writes:
AB 718 (Eggman) seeks to help foster youth more successfully transition out of the dependency system, by ensuring that they receive the necessary documents, services and information prior to their emancipation. Receiving these documents when they exit foster care, as is current law, delays the child’s ability to engage in a number of activities that are critically important as the youth transitions to adulthood, including college preparation, vocational training and employment. Additionally, this bill will allow judges to receive information earlier to enable them to monitor the needs of the child and make sure the child has the greatest opportunity for success.
- Important documents, information, and assistance in applying for college admission to dependents between 16 and 18 years of age
At the first regularly-scheduled review hearing after a dependent has reached 16 years of age, this bill would require the county welfare department to submit a report verifying that the following information, documents, and services have been provided to the youth: (1) the Social Security card (however, this may only be provided temporarily for specified reasons); (2) certified copy of the birth certificate (upon request of the child); (3) driver’s license or identification card; (4) assistance in obtaining employment; (5) assistance in applying for, or preparing to apply for, college or other educational institutions, and in obtaining financial aid; (6) information notifying the youth of their right to be granted preference for student assistant or internship positions with state agencies; and (7) information notifying the youth of any financial literacy programs to help him or her gain financial literacy skills.
These particular documents and services provide a dependent minor with the information needed to engage in a number of important, and arguably mature, activities such as employment, college preparation, or vocational training. Many employers require a driver’s license, Social Security card, or a copy of birth certificate before a potential employee may begin work. Additionally, similar documentation may be required to open a bank account, apply for financial aid, or register to take exams, such as the SAT. Requiring that youth begin to receive this information and assistance at the age of 16 is more appropriate than at 18 or 21 years of age, because many opportunities surface prior to legal adulthood. College placement tests are often administered before high school graduation and many students start planning their college career while still in high school. Also, youths as young as 14 or 15 are authorized to engage in part time employment with a work permit. Arguably, equipping minor dependents with these documents and assistance would give them opportunities to plan for their future.
- Important documents to dependents at the last regularly scheduled hearing before they turn 18
At the last regularly scheduled hearing before the child turns 18, this bill would require the county welfare department to submit a report verifying that it has provided the following documents to the child: (1) Social Security card; (2) certified copy of the birth certificate; (3) driver’s license; (4) Medi-Cal Benefits Identification Card; (5) a letter including the following information: the nonminor’s name and date of birth; the dates during which the nonminor was within the jurisdiction of the juvenile court; a statement that the nonminor was a foster youth in compliance with financial aid documentation requirements; (6) any applicable death certificates for the nonminor’s parents; (7) proof of citizenship or legal residence; (8) an advance health care directive form; and (9) the Judicial Council form the minor or nonminor would use to file a petition to resume dependency jurisdiction.
These documents are necessary for the child to have as they transition into adulthood, enabling them to be fully independent. An advance health care directive, for example, is a set of written instructions that specify what actions should be taken for an individual’s health if they are no longer able to make decisions due to illness or incapacity. Providing a dependent with this form empowers the dependent to start planning for the future in a meaningful way.
Crucially, the bill also requires that the child be provided with the Judicial Council form that enables them to petition for the dependency to resume jurisdiction over them as a nonminor. This ensures that they have the chance to attain extended foster care and prevent their transition to independence from being too abrupt.
- Important information and assistance to dependents right before turning 18 and at each regularly scheduled hearing thereafter until they emancipate.
This bill would require, at the first regularly scheduled hearing immediately prior to a dependent turning 18 years of age, and at every hearing thereafter, that the county welfare department submit a report describing efforts made toward providing the following information and services to the dependent:
- assistance in obtaining employment;
- assistance in applying for, or preparing to apply for, college or other educational institutions, and in obtaining financial aid;
- information notifying the youth of their right to be granted preference for student assistant or internship positions with state agencies;
- written information regarding the fact that youth existing foster care at 18 years of age or older are eligible for Medi-Cal until they reach 26 years of age, regardless of income, and are not required to submit an application;
- information notifying the youth of any financial literacy programs to help them gain financial literacy skills.
- referrals to transitional housing, if available, or assistance in securing other housing.
- assistance in maintaining relationships with persons important to the nonminor, as specified;
- the whereabouts of any siblings under jurisdiction of the juvenile court, as specified;
This information and assistance will help the youth transition to independent living at a pace that is appropriate for them. These provisions broadly reflect a holistic strategy of supporting and assisting the youth by ensuring that they are connected with opportunities to learn life skills, attain education, employment, and housing, and empowers them to build and maintain relationships with other people who will play important roles in their lives.
3. Arguments in support
A coalition of organizations writes:
With the changes to California law allowing youth to remain in foster care and access services until age 21 instead of 18, we must ensure that our system is as effective as possible in preparing foster youth to go out in the world on their own - and to be successful in doing so. Providing youth or young adults with the important documentation and support required by WIC § 391 at an earlier date will give them a better opportunity for success. Just a few examples of what these young adults may need much sooner than at age 21 include his or her Social Security card; birth certificate; driver’s license; health records; financial aid eligibility documentation; assistance with finding housing and employment; and assistance with applying for college or a vocational program.
SUPPORT
Children’s Law Center of California (sponsor)
Alliance for Children’s Rights
Aspiranet
California Court Appointed Special Advocate Association
California Women’s Law Center
Children Now
Juvenile Judges Association of California
Legal Services for Children
National Center for Youth Law
National Association for Social Workers, California Chapter
Public Counsel
Riverside County Juvenile Defense Panel
OPPOSITION
None known
RELATED LEGISLATION
Pending Legislation: None known
Prior Legislation: See Comment 1.
PRIOR VOTES:
Senate Human Services Committee (Ayes 6, Noes 0)
Assembly Floor (Ayes 78, Noes 0)
Assembly Appropriations Committee (Ayes 18, Noes 0)
Assembly Judiciary Committee (Ayes 12, Noes 0)
Assembly Human Services Committee (Ayes 8, Noes 0)
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SENATE COMMITTEE ON HUMAN SERVICES
Senator Hurtado, Chair
2019 - 2020 Regular
Bill No: | AB 718 | ||
Author: | Eggman | ||
Version: | May 16, 2019 | Hearing Date: | June 24, 2019 |
Urgency: | No | Fiscal: | Yes |
Consultant: | Bridgett Hankerson | ||
Subject: Dependent children: documents
SUMMARY
This bill requires county welfare departments (CWDs) to submit a report verifying to the juvenile dependency court that the county has provided certain information, documents and services, at two intervals: at the first regularly scheduled court review hearing after a foster youth turns 16 and before a foster youth turns 18 until they age out of foster care, as specified.
ABSTRACT
Existing Law:
- Establishes the juvenile court has jurisdiction over children who are subject to abuse or neglect. (WIC 300 et seq.)
- States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being physically, sexually, or emotionally abused, neglected, or exploited; and to ensure the safety, protection, and physical and emotional well-being of children who are at risk of harm. (WIC 300.2)
- Provides the court may have within its jurisdiction any nonminor dependent, between the age of majority and 21 years, as defined. Provides that a nonminor dependent shall retain all of their legal decision-making authority as an adult, except as specified. (WIC 303)
- Provides for youth in foster care on their 18th birthday, or such higher age the state has elected, as defined, to be enrolled to receive Medi-Cal benefits without any interruption in coverage and without requiring a new application, as specified. (WIC 14005.28 and 14005.285)
- Defines “nonminor dependent” as a current foster youth or ward of the juvenile court, or nonminor under the transition jurisdiction of the court, who is between 18 and 21 years old; in foster care under the placement and care responsibility of the county welfare department, county probation department, or Indian tribe, or tribal organization; and has a transitional independent living plan, as specified. (WIC 11400 (v))
- Provides that a nonminor, aged18-21, shall continue to receive foster care assistance under certain conditions, including that one or more of the following conditions exist:
- The nonminor is working towards their secondary education or an equivalent credential;
- The nonminor is enrolled in a postsecondary institution or vocational education program;
- The nonminor is participating in a program or activity designed to promote or remove barriers to employment;
- The nonminor is employed for at least 80 hours per month; or
- The nonminor is incapable of doing any of the activities described above, due to a medical condition, and that incapability is supported by regularly updated information. (WIC 11403)
- Requires the status of every minor or nonminor dependent in foster care to be reviewed by the court at least once every six months, as specified. Requires the court, in regular status reviews after the youth has attained specified ages, to review the status of providing the youth certain information and documents including the social security card, birth certificate, and driver’s license or identification card. (WIC 366, 366.3, and 391)
- Requires the county welfare department to submit a report describing whether it is in the nonminor’s best interest to remain under the court’s dependency jurisdiction, include a recommended transitional independent living case plan, and submit documentation of the reasonable efforts made by the department to provide the youth with assistance need to meet or maintain eligibility as a nonminor dependent, as specified. (WIC 391 (b))
- Prohibits a dependency court from terminating jurisdiction over a nonminor dependent until a hearing is conducted and the county welfare department has submitted a report verifying that certain information, documents, and services have been provided to the nonminor or, in the case of a nonminor who can’t be located, verifying efforts made to provide these items and services to the nonminor, as specified. Stipulates that the information, documents, and services to be provided to the nonminor include, as specified:
- Written information about the child’s dependency case, including family history, Indian heritage, available family photographs, whereabouts of siblings under the jurisdiction of the juvenile court, and information on how to access the child’s case file, as specified;
- The following documents: social security card, certified copy of the nonminor’s birth certificate, health and education summary, driver’s license or identification card, a letter prepared by the county welfare department containing certain information related to the nonminor and their being within the jurisdiction of the juvenile court, the death certificate of the youth’s parent(s) if applicable, proof of the nonminor’s citzenship or legal residence if applicable, an advance health care directive form, the Judicial Council form a nonminor would use to file a petition to resume dependency jurisdiction, the written 90-day transition plan, and written verification that the eligible nominor is enrolled in Medi-Cal and the nonminor’s Medi-Cal Benefits Identification Card;
- Continued and uninterrupted enrollment in Medi-Cal for eligible nonminors;
- Referrals to transitional housing, if available, or assistance in securing other housing;
- Assistance in obtaining employment or other financial support;
- Assistance in applying for admission to college or to a vocational training program or other educational institution, and assistance in obtaining financial aid, where appropriate;
- Assistance, based on the nonminor’s best interests, in maintaining relationships with individuals important to a nonminor who has been in out-of-home placement for six months or more;
- Assistance in accessing the Independent Living Aftercare Program and, upon the nonminor’s request, assistance in completing a voluntary re-entry agreement and filing a petition to resume dependency jurisdiction; and,
- Written notification regarding foster youth and former foster youth being granted preference in certain public sector student assistance or internship positions. (WIC 391 (e))
- Requires a county welfare department to, at the hearing closest to and before a dependent minor’s 18th birthday and every review hearing thereafter for nonminors, submit a report describing efforts toward providing the youth with the following items: social security card, certified copy of the nonminor’s birth certificate, health and education summary, driver’s license or identification card, a letter prepared by the county welfare department containing certain information related to the nonminor and their being within the jurisdiction of the juvenile court, the death certificate of the youth’s parent(s) if applicable, proof of the nonminor’s citzenship or legal residence if applicable, an advance health care directive form, the Judicial Council form a nonminor would use to file a petition to resume dependency jurisdiction, the written 90-day transition plan, and written verification that the eligible nominor is enrolled in Medi-Cal and the nonminor’s Medi-Cal Benefits Identification Card. (WIC 391 (f))
- Requires, when a youth is placed in foster care, the case plan for each youth to include a summary of the health and education information and records, including mental health information and records, of the youth, to contain certain information, as specified. (WIC 16010 (a))
- Authorizes a nonminor who is at least 18 years old while subject to an order for foster care placement but who is not yet 21 years old or older, and certain other entities on behalf of the nonminor, to petition the court to resume dependency jurisdiction over a former dependent or to assume or resume transition jurisdiction over a former ward, and establishes related requirements and processes, as specified. (WIC 388 (e))
- Defines “voluntary re-entry agreement” to mean a voluntary agreement between a former dependent youth, ward, or a former nonminor dependent whose county welfare or probation department or tribal placing entity documents the nonminor’s desire and willingness to re-enter foster care to be placed in a supervised setting under the placement and care responsibility of the placing agency, and stipulates related obligations on the part of the nonminor, as specified. (WIC 11400 (z))
- Requires, during the 90-day period prior to a dependent youth attaining 18 years of age or older, a caseworker or other individual, as appropriate, to provide the youth or nonminor dependent with assistance and support in developing a 90-day transition plan that is personalized for the youth and includes options regarding such factors as housing, health insurance, education, support services, and the like, as specified. (WIC 16501.1 (g)(16)(B))
- Requires, to the extent federal finanical participation is available, the Department of Health Care Services to provide Medi-Cal benefits to an individual until their 26th birthday if they were in foster care on their 18th birthday, as specified. (WIC 14005.28)
This Bill:
- Requires, at the first regularly scheduled review hearing after a dependent youth has turned 16 years old, a county welfare department to submit a report verifying that the following has been provided to the youth, as specified:
- The youth’s social security card, so long as it is only provided temporarily and for one of the following purposes: to obtain employment; to apply to a postsecondary education institution or vocational training program; to apply for financial aid; as otherwise determined by the youth’s caseworker, including in response to a request from the youth;
- A copy of the youth’s birth certificate, and a certified copy of the youth’s birth certificate upon request of the youth;
- The youth’s driver’s license or identification card;
- Assistance in obtaining employment, if applicable;
- Assistance in preparing to apply for or applying for admission to college, a vocational training program, or other educational institution, and in obtaining financial aid, where applicable;
- Written notification regarding foster youth and former foster youth being granted preference in certain public sector student assistant or internship positions; and,
- Written information about financial literacy programs or other available resources provided to help youth obtain financial literacy skills, including but not limited to: banking, credit card debt, student loan debt credit scores, credit history and personal savings.
- Revises the list of documents, information, and services that a CWD must verify has been provided to a youth, at the last review hearing prior to a youth's 18th birthday, to include, among other things, a copy of the individualized education program or plan (IEP) and any educational psychological assessments, as specified.
- Revises the list of information, documents and services that a CWD must report to the court, at the last review hearing prior to that youth’s 18th birthday, and at every subsequent review hearing, its progress in providing to the youth, as specified.
- Includes the requirement to provide written information notifying a youth about financial literacy resources and of their eligibility to receive Medi-Cal until age 26 regardless of income, among the list of information, documents and services that current law a must CWD provide to a nonminor prior to dependency jurisdiction being terminated, as specified.
FISCAL IMPACT
According to an analysis prepared by the Assembly Appropriations Committee, this bill would have the following fiscal impact:
Estimated onetime costs of $644,000 ($518,000 General Fund) for the workload associated with providing all 16-year-old foster youth with the required information. This estimate assumes approximately 6,000 dependents would be impacted, each of which would require 1.25 hours of social worker time to ensure all documentation and supportive services are provided before existing care.
BACKGROUND AND DISCUSSION
Purpose of the Bill:
According to the author, “While many positives have come from the extension of benefits for youth involved in the foster care system, one result of the implementation of AB 12 (Beall, Chapter 559, Statutes of 2010) has been that many youth do not receive important documents, such as their social security card, driver’s license, and birth certificate…when they need these documents to navigate employment, housing, higher education or financial aid applications. (This bill) would provide youth with important documentation and support when it is needed, which will give them a better opportunity to achieve their goals and be independent.” Specifically this bill would “require the same important documents and information be provided to a dependent youth at age 16, as a youth (who) has reached 18 years old, rather than at termination of dependency.”
Child Welfare System (CWS)
California’s child welfare system (CWS) is charged with protecting children from abuse and neglect and providing for their health, safety, and overall well-being. When warranted, abused and neglected children may be removed from their homes and placed into foster care. In 2018, the state’s child welfare agencies received 485,651 reports of abuse or neglect. Of those reports, 66,584 contained allegations that were substantiated and 27,110 of the substantiated reports resulted in children being removed from their homes and placed into foster care.
Abused and neglected children who have been removed from their homes fall under the jurisdiction of the county’s juvenile dependency court, while the children are served by the county child welfare 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. 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 placement priority given to placing children with other relatives or nonrelative extended family members. As of October 1, 2018, there were 59,487 children in California’s CWS system.
Fostering Connections Act
The federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351) authorized states to extend federal assistance to eligible youth in the child welfare and probation systems until they turn 21 years of age. It was the first federal law to address the need to “connect and support relative caregivers, improve outcomes for children in foster care, provide for tribal foster care and adoption access, improve incentives for adoption, and for other purposes.” The Act offers states the opportunity to opt-in to new federal funding streams, if they choose to provide kinship-guardianship benefits to relative guardians or if they provide foster care to 18 to 21-year-old youth. AB 12 (Beall, Chapter 559, Statutes of 2010) established California’s Foster Connections to Success Act and California’s ability to receive federal financial participation funds for current or former dependent children or nonminor dependents, who receive support up to 21 years of age, through the federal Fostering Connections Act.
Extended Foster Care Program
Extended Foster care is the optional program for foster youth between the ages of 18 and 21. Participants are referred to as “nonminor dependents.” Youth who are in a foster care placement including those who are probation-supervised, on their 18th birthday may be eligible for the program if they meet a certain requirements. These requirements include participation in certain educational or employment activities; living in an approved placement; and agreeing to work with their social worker or probation officer, as applicable, on meeting goals outlined in their Transitional Independent Living Case Plan. Approved placements can include remaining in an existing placement (such as with a relative, resource family, etc.), or certain transitional housing and supervised independent living placements. A youth in extended foster care can receive financial support, educational and housing opportunities, and other services to support them as they transition into adulthood. When foster youth emancipate from the CWS system, they may not have access to educational records and other documents they may need to apply for jobs, housing, and higher education.
Preparing Youth to Exiting Foster Care
In an effort to ensure former foster youth are better prepared to face the challenges of adulthood, the Legislature has passed a number of laws, which require that specified information, documents, and services are available to foster youth prior to emancipation from the dependency system. This traditionally occurs at 18 years of age. AB 686 (Aroner, Chapter 911, Statutes of 2000) requires a county welfare department to verify to the court that it has provided specified information and services, including the social security card, certified birth certificate, identification card, death certificate of parent or parents, and proof of citizenship or residence to the dependent prior to termination of the court’s jurisdiction, and authorizes the court to continue jurisdiction if it is not provided, under certain circumstances.
Research has shown that former foster youth have poorer overall outcomes than youth who are not involved in the child welfare system. By age 26, these youth are 300 percent more likely to be living in poverty[1] than youth without a history of involvement with child welfare services. Foster youth have less exposure to “healthy financial behaviors” and traditional financial institutions as they grow up.[2] [3] Providing access to resources, such as information on financial literacy resources, will provide youth as they transition to adulthood a greater level of independency and increase their ability to navigate the world as an adult.
Current law requires county welfare departments to report to the court about efforts they have made to assist youth in obtaining certain documents and information. This bill seeks to provide foster youth and nonminor dependents additional access to information, documents and services prior to exiting the child welfare system, to include a copy of their IEP, 504 plan and educational psychological assessments as well written information on financial literacy, and provide written notification of their eligibility to no cost Medi-Cal until age 26.
Related/Prior Legislation:
SB 996 (Evans, 2014) is substantially similar to this bill, which passed the legislature unanimously before being vetoed by Governor Brown.
SB 343 (Yee, 2013) was substantially similar to this bill but did not include the financial literacy provisions contained in this bill. It also expanded the documents required to be provided to a youth prior to termination of dependency by the court, as specified. This bill died in the Assembly Appropriations Committee.
AB 212 (Beall, Chapter 459, Statutes of 2011) expanded the documents required to be provided prior to a court terminating jurisdiction over a dependent to include an advance health care directive form, the judicial counsel form that a youth would use to resume dependency under extended foster care, and the federally required 90-day transition plan.
AB 12 (Beall, Chapter 559, Statutes of 2010) established the Fostering Connections Act that allowed California to seek federal financial participation in Kinship Guardianship Assistance Payments, and extended transitional foster care services to eligible youth between 18 and 21 years of age.
AB 686 (Aroner, Chapter 911, Statues of 2000) required the CWD to verify to the court that it has provided specified information and services, including the social security card, certified birth certificate, identification card, death certificate of parents, and proof of citizenship or residence to the youth prior to termination of dependency by the court.
COMMENTS
According to the California Courts, an IEP “describes both a process and a written document.” If a child is found eligible for special education, they will have a meeting at least once a year to discuss the child’s educational needs and services that will be provided by the school to address those needs. The meeting includes the youth (as appropriate), the youth’s parent or legal guardian, the youth’s educational rights holder (if applicable), the general education teacher, the special education teach, a person conducting the assessment and any other individuals who have knowledge or expertise about the child. The IEP generally includes the following information:
- A statement of your child’s present levels of educational performance;
- A statement of measurable goals, including short- and long-term objectives;
- A statement of the special education and related services that your child needs;
- An explanation of the extent to which the youth will not participate with nondisabled children; and,
- Projected dates for services to begin.
Two concerns have been raised for youth under 18 years old receiving their records under the provision of this bill. First, that the youth may lose or have their important documents stolen if they are provided to them too early. Secondly, an IEP, 504 plan or educational psychological assessment may contain sensitive information, and recommend instead that the youth should obtain these through their education rights holder and through the education department.
The author has amended this bill to address the first concern by specifying that certain documents, such as the youth’s social security card, would be provided on a temporary basis and for only specific purposes including, obtaining employment, applying to postsecondary school or vocation training or to apply for financial aid.
To address the second concern, the author may want to amend the bill to include a statement that the educational psychological assessment when provided, should be reviewed with the administrator of the assessment or other qualified individual with the minor, when possible, thus ensuring the information in the document is interpreted appropriately.
PRIOR VOTES
Assembly Floor: | 78 - 0 |
Assembly Appropriations Committee: | 18 - 0 |
Assembly Judiciary Committee: | 12 - 0 |
Assembly Human Services Committee: | 8 - 0 |
POSITIONS
Support:
Alliance for Children's Rights
Aspiranet
California Court Appointed Special Advocate Association
California Women's Law Center
Children Now
Children's Law Center of California
East Bay Children's Law Offices
Juvenile Court Judges of California
Juvenile Defense Panel
National Association of Social Workers, California Chapter
Public Counsel
Oppose:
None received
-- END --
John Burton Advocates for Youth, “Improving Access to Chafee Education and Training Voucher” February 7, 2019, https://www.jbaforyouth.org/2-7-19-webinar/ ↑
Pergamit, Michael R., and Heidi Johnson. 2009. “Extending Foster Care to Age 21: Implications and Estimates from Youth Aging Out of Foster Care in Los Angeles.” Washington, DC: Urban Institute. ↑
https://www.urban.org/research/publication/supporting-youth-transitioning-out-foster-care-issue-brief-2-financial-literacy-and-asset-building-programs ↑
ASSEMBLY THIRD READING
ATR Bill Id:AB 718
Author:(Eggman)
As Amended Ver:May 16, 2019
Majority vote
SUMMARY:
Makes changes to current law regarding information, documents, and services to be provided to foster youth at various points throughout their involvement with the child welfare services system.
Major Provisions
- Requires, at the first regularly scheduled review hearing after a dependent youth has turned 16 years old, a county welfare department to submit a report verifying that certain documents, information and services have been provided to the youth, including, among other things and as specified: the youth's social security card; a copy of the youth's birth certificate; the youth's driver's license or identification card; and assistance as applicable with obtaining employment, financial aid, access to education and training, and financial literacy resources.
- Revises the list of documents, information, and services that a county welfare department must verify, at the last review hearing prior to a youth's 18th birthday, have been provided to a youth to include, among other things, a copy of the individualized education program or plan and any educational psychological assessments, as specified.
- Revises the list of information, documents, and services that a county welfare department, at the last review hearing prior to that youth's 18th birthday, and at every subsequent review hearing, must report to the court its progress in providing to the youth, as specified.
- Includes written information notifying a youth about financial literacy resources among the list of information, documents, and services that current law requires a county welfare department to verify, in a report to the juvenile court, has been provided to a nonminor prior to dependency jurisdiction over that nonminor dependent being terminated, as specified.
COMMENTS:
Extended foster care: The federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351) authorized states to extend Social Security Act Title IV-E foster care assistance to eligible youth in the child welfare and probation systems until they turn 21. AB 12 (Beall), Chapter 559, Statutes of 2010, and subsequent state legislation, implemented provisions of this federal Act, thereby allowing for participation of eligible youth in "extended foster care" until the age of 21. Extended foster care is optional; youth who are between the ages of 18 and 21 participating in extended foster care are referred to as "nonminor dependents." Youth who are in a foster care placement on their 18th birthday may be eligible for extended foster care if they meet a number of requirements. Approved placements can include remaining in an existing placement (such as with a relative or other resource family), and certain transitional housing and supervised independent living placements. Extended foster care offers many youth services and supports as they transition to adulthood.
Need for this bill: Current law requires the provision of certain documents, information, and services to a nonminor dependent prior to termination of jurisdiction. Current law also requires a county welfare department to, at the hearing before a dependent minor turns 18 years old, and at every review hearing thereafter, submit a report describing efforts toward providing certain documents and information to the youth. This bill seeks to increase the access that foster youth and nonminor dependents have to various documents, information, and services – and to broaden those items to include financial literacy resources – as they transition to adulthood and greater levels of independence, acknowledging the need that some youth may have for such materials and supports before they turn 18 years old, and between turning 18 and exiting foster care.
According to the Author:
"While many positives have come from the extension of benefits for youth involved in the foster care system, one result of the implementation of AB 12 (2010) has been that many youth do not receive important documents, such as their social security card, driver's license, and birth certificate, until well past the period when they need these documents to navigate employment, housing, higher education or financial aid applications. [This bill] would provide youth with important documentation and support when it is needed, which will give them a better opportunity to achieve their goals and be independent."
Arguments in Support:
Children's Law Center of California, sponsor of this bill, states that it is "important legislation to ensure that older youth are timely provided with needed documentation and assistance to help them successfully prepare for their transition to independence," and that, "With the recent California law allowing youth to remain in foster care and access services until age 21 instead of 18, we must ensure that our system is as effective as possible in preparing foster youth to go out in the world on their own - and to be successful in doing so. Providing youth or young adults with the important documentation and support required by WIC Section 391 at an earlier date will give them a better opportunity for success."
Arguments in Opposition:
None on file
FISCAL COMMENTS:
According to the Assembly Appropriations Committee, this bill may result in estimated onetime costs of $644,000 ($518,000 General Fund [GF]) for the workload associated with providing all 16-year-old foster youth with the required information. This estimate assumes approximately 6,000 dependents would be impacted, each of which would require 1.25 hours of social worker time to ensure all documentation and supportive services are provided before existing care. Proposition 30, passed by the voters in November 2012, among other provisions, eliminated the state's potential mandate funding liability for any new program or higher level of service provided by counties related to the realigned programs. Although the provisions of this bill are a mandate on local agencies, any increased costs do not appear to be subject to reimbursement by the state. Rather, if local agencies experience a cost increase, they must comply with the provisions of this bill only to the extent the state provides annual funding for the cost increase.
VOTES:
ASM HUMAN SERVICES: 8-0-0
YES: Reyes, Mathis, Luz Rivas, Choi, Friedman, Gipson, Maienschein, Mark Stone
ASM JUDICIARY: 12-0-0
YES: Mark Stone, Gallagher, Chau, Chiu, Gonzalez, Holden, Kalra, Kiley, Maienschein, Obernolte, Petrie-Norris, Reyes
ASM APPROPRIATIONS: 18-0-0
YES: Gonzalez, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Diep, Eggman, Fong, Gabriel, Eduardo Garcia, Maienschein, Obernolte, Petrie-Norris, Quirk, Robert Rivas
UPDATED:
VERSION: May 16, 2019
CONSULTANT: Daphne Hunt / HUM. S. / (916) 319-2089 FN: 0000885
Date of Hearing: April 24, 2019
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
ABPCA Bill Id:AB 718
Author:(Eggman) – As Amended Ver:March 28, 2019
Policy Committee: | Human Services | Vote: | 8 - 0 |
Judiciary | 12 - 0 | ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill revises and reorganizes rules governing when foster youth and nonminor dependents aging out of foster care receive certain key documents and services. It also updates the information received to include information about financial literacy, including, but not limited to, information on banking, credit card debt, student loan debt, credit scores, credit history and personal savings. Specifically, this bill:
- Requires a foster youth begin receiving information, including their social security card, copy of their birth certificate, driver’s license or identification card, assistance with preparing for college and financial literacy, among other items, at age 16, rather than age 18.
- Requires a foster youth receive additional relevant information, including a Medi-Cal benefits card, proof of citizenship or legal residence, other court or legal documents, employment assistance, housing referrals and whereabouts of siblings, among other items, at age 18 and while they remain nonminor dependents until age 21.
- Requires a county welfare department to submit a report at the first regularly scheduled review hearing after a dependent child has reached age 16, at the last regularly scheduled review hearing before the child reaches age 18, and at every scheduled review hearing thereafter, verifying that particular documents and information have been provided to the child.
FISCAL EFFECT:
Estimated onetime costs of $644,000 ($518,000 GF) for the workload associated with providing all 16-year-old foster youth with the required information. This estimate assumes approximately 6,000 dependents would be impacted, each of which would require 1.25 hours of social worker time to ensure all documentation and supportive services are provided before existing care.
Proposition 30, passed by the voters in November 2012, among other provisions, eliminated the state’s potential mandate funding liability for any new program or higher level of service provided by counties related to the realigned programs. Although the provisions of this bill are a mandate on local agencies, any increased costs do not appear to be subject to reimbursement by the state. Rather, if local agencies experience a cost increase, they must comply with the provisions of this bill only to the extent the state provides annual funding for the cost increase.
COMMENTS:
- Purpose. This bill seeks to help foster youth more successfully transition out of the dependency system by increasing their access to various important documents, information and services and broadening those documents, information and services to include financial literacy resources.
- Background. In an effort to ensure foster youth and former foster youth successfully transition to adulthood, the Legislature has passed a number of laws that require specified information, documents and services are available to foster youth prior to emancipation from the dependency system, traditionally at 18 years of age.
AB 686 (Aroner), Chapter 911, Statutes of 2000, required the county child welfare department to verify to the court it has provided specified information and services, including the social security card, certified birth certificate, identification card, death certificate of parent or parents, and proof of citizenship or residence, to the dependent prior to termination of the court’s jurisdiction. It also authorized the court to continue jurisdiction if the information was not provided. The bill also required that a dependent receive, prior to emancipation, assistance in completing an application for Medi-Cal or other health insurance, assistance in securing housing and assistance in obtaining employment or other financial support.
The documents and assistance provide dependent youth with information needed to engage in employment, college preparation or vocational training. Many employers require a driver’s license, social security card or a copy of birth certificate before a potential employee may begin work. Similarly, documentation may be required to open a bank account, apply for financial aid or register to take exams.
Additional legislation expanded on those requirements -- and the documents and information that must be provided to foster youth -- and recognized that the juvenile court can now have jurisdiction over a nonminor until they reach 21 years of age.
- Prior Legislation.
SB 996 (Evans), of the 2013-14 Legislative Session, was similar to this bill. SB 996 was vetoed by Governor Brown. In his veto message the governor acknowledged the importance of foster youth having access to important documents, but expressed concerns about identify theft.
SB 343 (Yee), of the 2013-14 Legislative Session, was similar to this bill but did not include the financial literacy provisions contained in this bill. SB 343 was held on this committee’s suspense file.
AB 212 (Beall), Chapter 459, Statutes of 2011, expanded the documents required prior to a court terminating jurisdiction over a dependent youth.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: April 2, 2019
ASSEMBLY COMMITTEE ON JUDICIARY
Mark Stone, Chair
ABPCA Bill Id:AB 718
Author:(Eggman) – As Amended Ver:March 28, 2019
PROPOSED CONSENT
SUBJECT: Dependent children: documents, information, and services
KEY ISSUE: IN AN EFFORT TO HELP FOSTER YOUTH WITH A SUCCESSFUL TRANSITION TO ADULTHOOD, SHOULD THESE YOUTH RECEIVE IMPORTANT DOCUMENTS, INFORMATION, AND SERVICES AT AGE 16, PRIOR TO THEIR EMANCIPATION FROM THE DEPENDENCY SYSTEM, AND SHOULD THEY RECEIVE INFORMATION ON FINANCIAL LITERACY?
SYNOPSIS
The transition to adulthood and self-sufficiency can be challenging for any young person. For youth in foster care, the transition to life outside of the foster care system can be overwhelming. Generally, youth who have experienced foster care do not have the same safety nets and support networks as other youth their age, and the transition challenges can be even greater. Every year in California, thousands of youth emancipate out of foster, and suddenly are left to take care of and provide for themselves. Most youth are not adequately equipped for more than basic survival. Youth emancipating from the foster care system lack support networks, employment skills, and stable living arrangements. The odds are stacked against these youth, and they are at significant risk of homelessness and involvement in the criminal justice system. In 2010, AB 12 (Beall), Chap. 559, established the Fostering Connections Act which provided California with an unprecedented opportunity to access federal funding to improve the lives of our state’s most vulnerable youth by providing transitional foster care support to qualifying foster youths aged 18-21 years to help them successfully transition to adulthood.
This bill, sponsored by the Children’s Law Center of California, updates when foster youth aging out of care are provided with various documents, such as their social security card, birth certificate, and driver’s license, and with assistance obtaining housing, employment, education, and financial literacy skills in order to successfully transition from the dependency system to responsible adulthood prior to the termination of the youth’s dependency jurisdiction. Supporters of this bill are in agreement that AB 718 ensures that youth are timely provided with vital documentation and assistance to help youth successfully prepare for their transition to independence. It has no opposition. This bill passed out of the Assembly Human Services Committee last week on consent.
SUMMARY: Revises and reorganizes when foster youth and nonminor dependents receive certain key documents and services as they age out of foster care. Specifically, this bill:
- Requires, at the first regularly scheduled review hearing after a dependent child has reached age 16, the county welfare department to submit a report verifying that the following information, documents, and services have been provided to the child:
- Social security card, temporarily and for specified purposes only;
- Copy of the birth certificate and certified copy upon request;
- Driver’s license or identification card;
- Assistance in obtaining employment, if applicable;
- Assistance in applying for, or preparing to apply for, college, a vocational training program, or other educational institution and in obtaining financial aid, where applicable;
- Information notifying the youth of their right to be granted a preference for student assistant or internship positions with state agencies until age 26; and
- Information notifying the youth of any financial literacy programs or other available resources provided through the county or other community organizations to help the youth obtain financial literacy skills.
- Requires, at the last regularly scheduled review hearing before a dependent child reaches age 18, the county welfare department to submit a report verifying the following information and documents have been provided to the child:
- Social security card, temporarily and for specified purposes only;
- Copy of the birth certificate and certified copy upon request;
- Driver’s license or identification card;
- Medi-Cal Benefits Identification Card;
- A letter prepared by the county welfare department that includes the following information: (i) the youth’s name and date of birth; (ii) dates the youth was within the jurisdiction of the juvenile court; and (iii) a statement that the foster youth was in compliance with state and federal financial aid documentation requirements;
- Death certificate for the child’s parents, if applicable;
- Proof of the child’s citizenship or legal residence, if applicable;
- Advance health care directive form; and
- Judicial Council form to petition to resume dependency jurisdiction.
- Requires, at the last regularly scheduled review hearing before a dependent child reaches age 18, and at every scheduled review hearing thereafter, the county welfare department to submit a report describing efforts towards providing the following information, documents, and services to the minor or nonminor:
- Assistance in obtaining employment, if applicable;
- Assistance in applying for, or preparing to apply for, college, a vocational training program, or other educational institution and in obtaining financial aid, where applicable;
- Information notifying the youth or their right to be granted a preference for student assistant or internship positions with state agencies until age 26;
- Information notifying the youth of any financial literacy programs or other available resources provided through the county or other community organizations to help the youth obtain financial literacy skills;
- Referrals to transitional housing, if available, or assistance in securing other housing, if applicable;
- Assistance in maintaining relationships with individuals who are important to the child, as provided; and
- The whereabouts of any siblings under the juvenile court’s jurisdiction, as provided.
- Makes other reorganizing, minor, or technical changes.
EXISTING LAW:
- Establishes the juvenile court has jurisdiction over children who are subject to abuse or neglect. (Welfare and Institutions Code Section 300. All further statutory references are to the Welfare and Institutions Code, unless otherwise indicated.)
- Provides the court may have within its jurisdiction any nonminor dependent, between the age of majority and 21 years, as defined. Provides that a nonminor dependent shall retain all of their legal decision-making authority as an adult, except as specified. (Section 303.)
- Provides that a nonminor ages 18-21 shall continue to receive foster care assistance under certain conditions, including that one or more of the following conditions exist:
- The nonminor is working toward their high school education or an equivalent credential;
- The nonminor is enrolled in a postsecondary institution or vocational education program;
- The nonminor is participating in a program or activity designed to promote or remove barriers to employment;
- The nonminor is employed for at least 80 hours per month; or
- The nonminor is incapable of doing any of the activities described above, due to a medical condition, and that incapability is supported by regularly updated information. (Section 11403.)
- Requires the status of every minor or nonminor dependent in foster care to be reviewed by the court at least once every six months, as specified. Requires the court, in regular status reviews after the youth has attained specified ages, to review the status of providing the youth certain information and documents including the social security card, birth certificate, and driver’s license or identification card. (Sections 366, 366.3, and 391.)
- Prohibits a dependency court from terminating jurisdiction over a nonminor dependent until a hearing is conducted and specified information is provided to the nonminor and requires the county welfare department to submit a report that verifies that the following information has been provided to the nonminor:
- Written information about the child’s dependency case, including family history, Indian heritage, available family photographs, whereabouts of siblings under the jurisdiction of the juvenile court, and information on how to access the child’s case file;
- Essential personal documents including the social security card, a certified copy of the birth certificate, a health and education summary, driver’s license or identification card, any applicable death certificates for the child’s parents, proof of citizenship, an advance health care directive, form to resume dependency jurisdiction, and a written 90-day transition plan;
- A letter containing information about the child, including name, date of birth and the dates during which the child was a foster youth; and
- Referrals to transitional housing, assistance in obtaining employment or other financial support, assistance in applying to college or to a vocational education program, assistance in maintaining relationships with individuals who are important to the child, assistance in accessing the Independent Living Aftercare Program and other information, as specified. (Section 391.)
FISCAL EFFECT: As currently in print this bill is keyed fiscal.
COMMENTS: The transition to adulthood and self-sufficiency can be challenging for any young person. For youth in foster care, the transition to life outside of the foster care system can be overwhelming. Generally, youth who have experienced foster care do not have the same safety nets and support networks as other youth their age, and the transition challenges can be even greater. Every year in California, thousands of youth emancipate out of foster, and suddenly are left to take care of and provide for themselves. Most youth are not adequately equipped for more than basic survival. Youth emancipating from the foster care system lack support networks, employment skills, and stable living arrangements. The odds are stacked against these youth, and they are at significant risk of homelessness and involvement in the criminal justice system. In 2010, AB 12 (Beall), Chap. 559, the Fostering Connections Act provided California with an unprecedented opportunity to access federal funding to improve the lives of our state’s most vulnerable youth by providing transitional foster care support to qualifying foster youths aged 18-21 years to help them successfully transition to adulthood.
When youth “age out” of the foster care system, it is often without being reunited with family or connected to other supportive adults. Historically, youth have left the system without being provided access to information they would otherwise need as adults, such as identification, health, and educational records. Where many youths have parents to maintain these records, and to provide guidance as to how and when to utilize these records, foster youth may not have that regular parental support. Rather, the youth are faced with the task of being both parent and child for themselves when it comes to these important records.
This bill updates when foster youth aging out of care are provided with various documents, such as their social security card, birth certificate, and driver’s license, and with assistance obtaining housing, employment, education, and financial literacy skills in order to successfully transition from the dependency system to responsible adulthood prior to the termination of the youth’s dependency jurisdiction. The bill’s author writes in support:
While many positives have come from the extension of benefits for youth involved in the foster care system, one result of the implementation of AB 12 has been that many youths do not receive important documents, such as their social security card, driver’s license, and birth certificate, until well past the period when they need these documents to navigate employment, housing, higher education or financial aid applications. This bill provides youth with important documentation and support when it is needed, which will give them a better opportunity to achieve their goals and become independent.
In order to help foster youth be ready for adulthood, the Legislature has created and expanded the child welfare system’s obligation to provide various documents, information, and services to foster youth as they age out of the system. In an effort to ensure former foster youth are better prepared to face the challenges of adulthood, the Legislature has passed a number of laws which require that specified information, documents, and services are available to foster youth prior to emancipation from the dependency system, traditionally at 18 years of age. AB 686 (Aroner), Chap. 911, Stats. 2000, required the county child welfare department to verify to the court that it has provided specified information and services, including the social security card, certified birth certificate, identification card, death certificate of parent or parents, and proof of citizenship or residence, to the dependent prior to termination of the court’s jurisdiction, and authorized the court to continue jurisdiction if the information was not provided, as specified. That bill also required that a dependent receive assistance in completing an application for Medi-Cal or other health insurance, assistance in securing housing and assistance in obtaining employment or other financial support prior to emancipation.
The documents and assistance provide dependent youth with the information needed to engage in a number of important activities such as employment, college preparation, or vocational training. Many employers require a driver’s license, social security card, or a copy of birth certificate before a potential employee may begin work. Similarly, documentation may be required to open a bank account, apply for financial aid, or register to take exams.
Over the ensuing years, other successful legislation has expanded on those requirements -- and the documents and information that must be provided to foster youth -- and recognized that the juvenile court can now have jurisdiction over a nonminor until they reach 21 years of age. (See AB 2830 (Reyes), Chap. 878, Stats. 2018 (information regarding hiring preferences); AB 1849 (Gipson), Chap. 609, Stats. 2016 (health insurance information); AB 787 (Stone), Chap. 487, Stats. 2013 (assistance with education or vocation opportunities); SB 735 (Mitchell), Chap. 464, Stats. 2011 (information regarding hiring preferences); AB 212 (Beall), Chap. 459, Stats. 2011 (advanced health care directive information); AB 12 (Beall), Chap. 559, Stats. 2010 (various information).)
This bill revises and expands the documents and assistance that foster youth must receive, in particular adding in information about financial literacy. This bill reorganizes, revises, and expands the information that must be provided to youth prior to termination of juvenile court jurisdiction, as well as the child welfare agency’s requirement to provide the information. In particular, this bill requires that the foster youth, beginning at 16, be provided with information on any financial literacy programs or other available resources provided through the county or other community organizations to help the youth obtain financial literacy skills, including, but not limited to, information on banking, credit card debt, student loan debt, credit scores, credit history, and personal savings.
Supporters of this bill agree with foster youth receiving information, documents, and services for their successful transition to independence. Supporters write:
With the changes to California law allowing youth to remain in foster care and access services until age 21 instead of 18, we must ensure that our system is as effective as possible in providing youth with the important documentation and support required at age 16, to give youth a better opportunity for success such as their social security card; birth certificate; driver’s license; health records; financial aid eligibility documentation; assistance with finding housing and employment; and assistance with applying for college or a vocational program.
Requiring that foster youth begin to receive this information and assistance at age 16, rather than 18, is appropriate because many opportunities surface prior to legal adulthood. The documents, information, and services that this bill helps ensure will be provided prior to reaching age 18 and then ongoing while these youth remain nonminor dependents, are imperative as they prepare their final steps toward legal independence, and empowers them to start planning for the future in a meaningful way.
ARGUMENTS IN SUPPORT: Supporters are in agreement that AB 718 ensures that older youth are timely provided with needed documentation and assistance to help them successfully prepare for their transition to independence. Children’s Law Center of California (CLC), the bill’s sponsor, declares: “CLC serves as a voice for over 33,000 dependent children and youth in the foster care system, and through our daily work, we have seen firsthand the multitude of challenges facing youth when they do not have access to essential documents.” AB 718, CLC believes, will ensure that youth are provided with various documents and written information on any financial literacy programs to assist with obtaining financial literacy skills in order to successfully transition to independence.
First Place for Youth supports this measure because “AB 718 will remove the administrative barriers that can prevent transition age foster youth from making progress towards their goals, and furthers their mission to help foster youth build the skills they need to make a successful transition to self-sufficiency and responsible adulthood.”
Public Counsel adds: “Our Transition Age Youth Project (TAY) serves current or former foster/probation youth and aims to remove legal barriers to a successful transition to adulthood, and to reconnect youth with education and employment opportunities, services, and resources to help the youth succeed. For many TAY youths, lacking access to their vital documents is their biggest barrier to stability. AB 718 provides youth with the important documentation and support required at an earlier date that will give youth a better opportunity for success.”
Prior Related Legislation: SB 996 (Evans), 2014, would have acknowledged the importance of foster youth having access to the important documents. SB 996 was vetoed by Governor Brown.
SB 343 (Yee), 2013, was similar to this bill but did not include the financial literacy provisions contained in this bill. SB 343 was not moved.
AB 212 (Beall), Chap. 459, Stats. 2011, expanded the documents required prior to a court terminating jurisdiction over a dependent youth.
AB 686 (Aroner), Chap. 911, Stats. 2000, required the county child welfare department to verify to the court that it provided specified information and services to the youth prior to termination of dependency by the court.
REGISTERED SUPPORT / OPPOSITION:
Support
Children’s Law Center of California (sponsor)
California Alliance of Child and Family Services
California Lawyers Association – Family Law Section
Children Now
Children’s Legal Services of San Diego
Court Appointed Special Advocates of Sacramento County
Dependency Legal Services
East Bay Children’s Law Offices
First Place for Youth
Foster Care Counts
John Burton Advocates for Youth
Juvenile Defense Panel
Public Counsel
Opposition
None on file
Analysis Prepared by: Shontel Johnson and Leora Gershenzon / JUD. / (916) 319-2334
Date of Hearing: March 26, 2019
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Eloise Gómez Reyes, Chair
ABPCA Bill Id:AB 718 (
Author:Eggman) – As Introduced Ver:February 19, 2019
SUBJECT: Dependent children: documents
SUMMARY: Makes changes to current law regarding information, documents, and services to be provided to foster youth at various points throughout their involvement with the child welfare services system. Specifically, this bill:
- Includes written information notifying a youth about financial literacy resources among the list of information, documents, and services that current law requires a county welfare department to verify, in a report to the juvenile court, has been provided to a nonminor prior to dependency jurisdiction over that nonminor dependent being terminated, as specified.
- Revises the list of information, documents, and services that a county welfare department, at the last review hearing prior to that youth’s 18th birthday, and at every subsequent review hearing, must report to the court its progress in providing to the youth, as follows:
- Removes the health and education summary, the 90-day transition plan, written verification of Medi-Cal eligibility, and the Medi-Cal Benefits Identification Card, as specified; and,
- Adds assistance with obtaining employment, assistance with applying for admission to educational or training programs and financial aid, written information regarding foster youth and former foster youth being granted preference in certain public sector student assistance or internship positions, written information about financial literacy resources, referrals to transition housing or assistance in securing other housing, assistance in maintaining relationships with individuals who are important to a youth who has been in out-of-home placement for six or more months, and the whereabouts of any siblings, as specified.
- Requires, at the first regularly scheduled review hearing after a dependent youth has turned 16 years old, a county welfare department to submit a report verifying that the following has been provided to the youth, as specified:
- The youth’s social security card, so long as it is only provided temporarily and for one of the following purposes: to obtain employment; to apply to a postsecondary education institution or vocational training program; to apply for financial aid; as otherwise determined by the youth’s caseworker, including in response to a request from the youth;
- A copy of the youth’s birth certificate, and a certified copy of the youth’s birth certificate upon request of the youth;
- The youth’s driver’s license or identification card;
- Assistance in obtaining employment, if applicable;
- Assistance in preparing to apply for or applying for admission to college, a vocational training program, or other educational institution, and in obtaining financial aid, where applicable;
- Written notification regarding foster youth and former foster youth being granted preference in certain public sector student assistant or internship positions; and,
- Written information about financial literacy resources.
- Makes technical changes.
EXISTING LAW:
- Permits the juvenile court to adjudge a child a dependent of the court for specified reasons, including, but not limited to, if a child has suffered or is at substantial risk of suffering serious physical harm, emotional damage, or sexual abuse, as specified. (Welfare and Institutions Code [WIC] Section 300)
- States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being physically, sexually, or emotionally abused, neglected, or exploited, and to ensure the safety, protection, and physical and emotional well-being of children who are at risk of harm. (WIC 300.2)
- Declares the intent of the Legislature to, whenever possible, preserve and strengthen a child’s family ties and, when a child must be removed from the physical custody of his or her parents, to give preferential consideration to placement with relatives. States the intent of the Legislature to reaffirm its commitment to children who are in out-of-home placement to live in the least restrictive family setting and as close to the child’s family as possible, as specified. Further states the intent of the Legislature that all children live with a committed, permanent, nurturing family and states that services and supports should be tailored to meet the specific needs of the individual child and family being served, as specified. (WIC 16000)
- Requires out-of-home placement of a child in foster care to be based upon selection of a safe setting that is the least restrictive family setting that promotes normal childhood experiences and the most appropriate setting that meets the child’s individual needs, as specified. Further requires the selection of placement to consider, in order of priority, placement with: relatives, nonrelative extended family members, and tribal members; foster family homes, resource families, and approved or certified homes of foster family agencies; followed by intensive services for foster care homes or multidimensional treatment foster care homes or therapeutic foster care homes; group care placements in the order of short-term residential therapeutic programs, group homes, community treatment facilities, and out-of-state residential treatment, as specified. (WIC 16501.1(d)(1))
- Enumerates rights of minors and nonminors in foster care, including but not limited to the right to: live in a safe, healthy, and comfortable home where he or she is treated with respect; be free from physical, sexual, emotional, or other abuse, or corporal punishment; receive adequate and healthy food, adequate clothing, and, for youth in group homes, an allowance; receive medical, dental, vision, and mental health services; be involved in the development of his or her own case plan and plan for permanent placement; and review his or her own case plan and plan for permanent placement, if he or she is 12 years of age or older and in a permanent placement, and receive information about his or her out-of-home placement and case plan, including being told of changes to the plan. (WIC 16001.9)
- Defines “nonminor dependent” as a current foster youth or ward of the juvenile court, or nonminor under the transition jurisdiction of the court, who is: between 18 and 21 years old; in foster care under the placement and care responsibility of the county welfare department, county probation department, or Indian tribe, or tribal organization; and has a transitional independent living plan, as specified. (WIC 11400 (v))
- Requires the juvenile court to continue dependency jurisdiction over a nonminor who meets the definition of nonminor dependent unless the court finds that either the nonminor does not wish to remain subject to dependency jurisdiction, or that the nonminor is not participating in a reasonable and appropriate transitional independent living case plan. Additionally, in making the findings regarding continuing dependency jurisdiction of a nonminor, the court is also required to find that the nonminor has been informed of their options, including the benefits of remaining in foster care and the right to re-enter foster care, and has had an opportunity to confer with their counsel if counsel has been appointed, as specified. (WIC 391 (c))
- Prohibits the dependency court from terminating jurisdiction over a nonminor, except in cases where the nonminor cannot be located after reasonable and documented efforts, unless a hearing has been conducted, and requires the county welfare department to do all of the following at such a hearing where the court is considering termination of jurisdiction of the juvenile court over the nonminor:
- Ensure that the nonminor dependent is in court, unless specified exceptions exist;
- Submit a report describing whether or not it is in the nonminor’s best interests to remain under the court’s dependency jurisdiction, to include a recommended transitional independent living case plan in instances where continued jurisdiction over the nonminor is described as being in the nonminor’s best interest;
- Submit documentation, in instances where the county welfare department recommends termination of the court’s dependency jurisdiction, of the reasonable efforts made by the county welfare department to provide the nonminor with the assistance needed to meet or maintain eligibility as a nonminor dependent, as specified; and,
- Ensure that the report addresses, when the nonminor has indicated that they do not want dependency jurisdiction to continue, the manner in which the nonminor was advised of their options, as specified. (WIC 391 (a), (b), and (d))
- Prohibits the court from terminating dependency jurisdiction over a nonminor until a hearing is conducted and and the county welfare department has submitted a report verifying that certain information, documents, and services have been provided to the nonminor or, in the case of a nonminor who can’t be located, verifying efforts made to provide these items and services to the nonminor, as specified. Stipulates that the information, documents, and services to be provided include, as specified:
- Written information concerning the nonminor’s case;
- The following documents: social security card, certified copy of the nonminor’s birth certificate, health and education summary, driver’s license or identification card, a letter prepared by the county welfare department containing certain information related to the nonminor and their being within the jurisdiction of the juvenile court, the death certificate of the youth’s parent(s) if applicable, proof of the nonminor’s citzenship or legal residence if applicable, an advance health care directive form, the Judicial Council form a nonminor would use to file a petition to resume dependency jurisdiction, the written 90-day transition plan, and written verification that the eligible nominor is enrolled in Medi-Cal and the nonminor’s Medi-Cal Benefits Identification Card;
- Continued and uninterrupted enrollment in Medi-Cal for eligible nonminors;
- Referrals to transitional housing, if available, or assistance in securing other housing;
- Assistance in obtaining employment or other financial support;
- Assistance in applying for admission to college or to a vocational training program or other educational institution, and assistance in obtaining financial aid, where appropriate;
- Assistance, based on the nonminor’s best interests, in maintaining relationships with individuals important to a nonminor who has been in out-of-home placement for six months or more;
- Assistance in accessing the Independent Living Aftercare Program and, upon the nonminor’s request, assistance in completing a voluntary re-entry agreement and filing a petition to resume dependency jurisdiction; and,
- Written notification regarding foster youth and former foster youth being granted preference in certain public sector student assistance or internship positions. (WIC 391 (e))
- Requires a county welfare department to, at the hearing closest to and before a dependent minor’s 18th birthday and every review hearing thereafter for nonminors, submit a report describing efforts toward completing the following items: social security card, certified copy of the nonminor’s birth certificate, health and education summary, driver’s license or identification card, a letter prepared by the county welfare department containing certain information related to the nonminor and their being within the jurisdiction of the juvenile court, the death certificate of the youth’s parent(s) if applicable, proof of the nonminor’s citzenship or legal residence if applicable, an advance health care directive form, the Judicial Council form a nonminor would use to file a petition to resume dependency jurisdiction, the written 90-day transition plan, and written verification that the eligible nominor is enrolled in Medi-Cal and the nonminor’s Medi-Cal Benefits Identification Card. (WIC 391 (f))
- Requires, when a youth is placed in foster care, the case plan for each youth to include a summary of the health and education information and records, including mental health information and records, of the youth, to contain certain information, as specified. (WIC 16010 (a))
- Authorizes a nonminor who is at least 18 years old while subject to an order for foster care placement but who is not yet 21 years old or older, and certain other entities on behalf of the nonminor, to petition the court to resume dependency jurisdiction over a former dependent or to assume or resume transition jurisdiction over a former ward, and establishes related requirements and processes, as specified. (WIC 388 (e))
- Defines “voluntary re-entry agreement” to mean a voluntary agreement between a former dependent youth, ward, or a former nonminor dependent whose county welfare or probation department or tribal placing entity documents the nonminor’s desire and willingness to re-enter foster care to be placed in a supervised setting under the placement and care responsibility of the placing agency, and stipulates related obligations on the part of the nonminor, as specified. (WIC 11400 (z))
- Requires, during the 90-day period prior to a dependent youth attaining 18 years of age or older, a caseworker or other individual, as appropriate, to provide the youth or nonminor dependent with assistance and support in developing a 90-day transition plan that is personalized for the youth and includes options regarding such factors as housing, health insurance, education, support services, and the like, as specified. (WIC 16501.1 (g)(16)(B))
- Requires, to the extent federal finanical participation is available, the Department of Health Care Services to provide Medi-Cal benefits to an individual until their 26th birthday if they were in foster care on their 18th birthday, as specified. (WIC 14005.28)
FISCAL EFFECT: Unknown
COMMENTS:
Child Welfare Services: In California during calendar year 2017, almost 500,000 children had allegations of child abuse or neglect made regarding them. Of these children, approximately 71,000 (14%) had allegations that were substantiated, and 28,000 (40% of children with substantiations) were removed from their homes and entered foster care via the state’s Child Welfare Services (CWS) system. (However, children who have reports of abuse or neglect substantiated but are not removed from the home may also receive, along with their families, family maintenance services; these services may in some instances be ordered by the court and, in others, based upon a voluntary agreement with the parent where the courts are not involved. Family maintenance services typically involve a social worker working with a family in the home to prevent and remedy abuse and neglect, and can include a variety of services such as counseling, parent education, respite care, substance use disorder treatment, domestic violence intervention, and victim services.)
The CWS system serves to protect children from abuse and neglect, and to provide for their health and safety. When a county juvenile court finds that a youth is subject to or at substantial risk of maltreatment warranting their removal from the home, the court holds legal jurisdiction over the youth. A youth is served by the CWS system through the appointment of a social worker, and many opportunities exist during which the custody of the youth, or their placement outside of the home, must be evaluated, reviewed and determined by the judicial system, in consultation with the youth's social worker, to help provide the best possible services to the youth. When a youth has been removed from the home, the goal of the CWS system is, often, to reunify them with their parents or guardians, whenever appropriate. When a youth’s reunification with their family is not appropriate, the second highest placement priority of the CWS system is to place youth with other relatives or nonrelative extended family members. Youth may also be placed in foster homes – referred to as “resource family” homes – overseen by either the county or a foster family agency. Specialized placement and service options also exist for youth with significant behavioral health and other needs; these placements and related services can include specially trained intensive services foster care resource families, and intensive, temporary placement in short-term residential therapeutic programs, which are replacing group homes under significant changes adopted in recent years per the state’s Continuum of Care Reform. As of October 1, 2018, there were 59,487 children in California’s child welfare system.
Extended foster care: The federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351), along with adopting other provisions related to improving outcomes for youth place in foster care, authorized states to extend Social Security Act Title IV-E foster care assistance to eligible youth in the child welfare and probation systems until they turned 21. AB 12 (Beall and Bass), Chapter 559, Statutes of 2010 – the California Fostering Connections to Success Act, along with additional subsequent state legislation, implemented provisions of this federal Act, thereby allowing for participation of eligible youth in “extended foster care” until the age of 21. Extended foster care is optional; youth who are between the ages of 18 and 21 participating in extended foster care are referred to as “nonminor dependents.” Youth who are in a foster care placement (including those that are probation-supervised) on their 18th birthday may be eligible for extended foster care if they meet a number of requirements including, among others: participating (unless exempt) in certain educational or employment activities; living in an approved placement; and agreeing to work with their social worker or probation officer, as applicable, on meeting goals outlined in their Transitional Independent Living Case Plan. Approved placements can include remaining in an existing placement (such as with a relative or other resource family), and certain transitional housing and supervised independent living placements. Extended foster care offers many CWS system-involved youth financial support, educational and housing opportunities, and other services and supports as they transition to adulthood.
Importance of financial literacy for foster youth: A December 2014 issue brief from the Urban Institute’s Center of Labor, Human Services, and Population pointed to the need among some foster youth for greater financial skills and literacy, stating that, “Many youth receive limited support as they transition out of foster care. Among the supports they lack, financial support and stability are some of the most important because these youth face financial independence almost immediately once they exit care and often at an earlier age than their peers. While those who are in college may receive assistance in a lump sum at the beginning of a semester or a monthly payment, most—like youth in the general population—are not equipped to manage all their money independently at age 18 or even at age 21. Compounding these challenges is the reality that many youth in foster care lack the financial skills required for independence and have reduced financial capability for several reasons,” that include lack of financial support from family, lack of savings, and less exposure to financial stability and healthy financial behaviors.
Need for this bill: Current law requires the provision of certain documents, information, and services to a nonminor dependent prior to termination of jurisdiction over that nonminor dependent. Current law also requires a county welfare department to, at the hearing before a dependent minor turns 18 years old, and at every review hearing thereafter, submit a report describing efforts toward providing certain documents and information to the youth. This bill seeks to increase the access that foster youth and nonminor dependents have to various documents, information, and services – and to broaden those items to include financial literacy resources – as they transition to adulthood and greater levels of independence, acknowledging the need that some youth may have for such materials and supports before they turn 18 years old, and between turning 18 and exiting foster care. (It should be noted that the bill removes the requirement that the county provide, at the pre-18 and subsequent review hearings, updates on the health and education summary, the 90-day transition plan, written verification of Medi-Cal eligibility, and the Medi-Cal Benefits Identification Card; these documents and information are also required to be provided prior to termination of jurisdiction.)
According to the author, “While many positives have come from the extension of benefits for youth involved in the foster care system, one result of the implementation of AB 12 (2010) has been that many youth do not receive important documents, such as their social security card, driver’s license, and birth certificate, until well past the period when they need these documents to navigate employment, housing, higher education or financial aid applications. [This bill] would provide youth with important documentation and support when it is needed, which will give them a better opportunity to achieve their goals and be independent.”
Recommended amendments: In order to ensure that youth, at the hearing just prior to their 18th birthday, receive certain documents and information (including the Medi-Cal Benefits Identification Card, which the bill currently mandates the provision of only at the hearing regarding termination of jurisdiction, but which may benefit a youth earlier on) – while also ensuring that, at that hearing and each subsequent review hearing, county welfare departments report on the provision certain other information and services that could be useful at various points during their nonminor dependency – and in order to make technical clarifications, committee staff recommend the following amendments:
Double referral: This bill will be referred to the Assembly Judiciary Committee should it pass out of this committee.
PRIOR LEGISLATION:
SB 996 (Evans) of 2014 would have revised and recast existing law specifying the documents and information that are required to be provided to a dependent youth prior to terminating dependency. SB 996 would have required this information to be provided at the first regularly scheduled hearing after the youth has reached age 18, rather than at termination of dependency and, additionally, required the same information be provided to dependent youth at age 16.
SB 996 was vetoed by the Governor.
SB 343 (Yee) of 2013 was similar to this bill. SB 343 was held on the Assembly Appropriations Committee suspense file.
AB 212 (Beall), Chapter 459, Statutes of 2011, made various clarifying and substantive changes to the California Fostering Connections to Success Act in order to ensure proper implementation by adopting, among other changes, an expansion of the documents required to be provided prior to a court terminating jurisdiction over a dependent to include an advance health care directive form, the judicial counsel form that a youth would use to resume dependency under extended foster care, and the federally required 90-day transition plan.
AB 12 (Beall), Chapter 559, Statutes of 2010, the California Fostering Connections to Success Act, allowed for dependent youth to participate in extended foster care by providing an option for continued jurisdiction of federally-eligible nonminor dependents or former dependents of the juvenile court who are between the ages of 18 and 21.
AB 2310 (Maze and Bass), Chapter 131, Statutes of 2008, required the county welfare department to provide additional information and documents to a person in the foster care system who has reached the age of majority before the juvenile court terminates jurisdiction over that individual.
AB 686 (Aroner) Chapter 911, Statutes of 2000, among other things, required the county to verify to the juvenile dependency court that it has provided certain information and services to the dependent minor prior to termination of court jurisdiction, and to authorize the court to continue jurisdiction if it found that such information and services were not provided and that it would be harmful to the child's best interest to terminate jurisdiction.
REGISTERED SUPPORT / OPPOSITION:
Support
Children’s Law Center of California (Sponsor)
Alliance for Children’s Rights
California Alliance of Child and Family Services
California Lawyers Association – Family Law Section
Children Now
Children’s Legal Services of San Diego
Court Appointed Special Advocates of Sacramento County
East Bay Children’s Law Offices
First Place for Youth
Foster Care Counts
John Burton Advocates for Youth
Juvenile Defense Panel
Public Counsel
Opposition
None on file
Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089
Bill Author
Bill Co-Author(s):