Date of Hearing: August 14, 2019

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

SBPCA Bill Id:SB 219

Author:(Wilk) – As Amended Ver:July 5, 2019

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

SUMMARY:

This bill establishes until January 1, 2023, the “California Foster Youth Enrichment Grant Pilot Program” (Program) as a four-county pilot program designed to offer foster youth grants of up to $500 to fund extracurricular or enrichment activities. Among the bill’s provisions:

1. Requires, by January 1, 2020, and upon appropriation by the Legislature, the California Department of Social Services (DSS) to establish the Program and, by July 1, 2020, to allocate funds appropriated to it in the annual budget act to two urban and two rural counties that submit two-year plans by May 1, 2020 via a request for proposal developed by DSS.
2. Requires DSS to allocate $500 for each child or youth in foster care on March 31, 2020, in a pilot county to that county for each year of the two-year pilot and stipulates if the total resulting allocation for the four pilot counties exceeds $12.5 million, DSS must distribute $12.5 million proportionately among the pilot counties based on the number of children and youth in care on March 31, 2020.
3. Requires pilot counties, until the funds allocated by DSS are exhausted, to award grants of up to $500 (up to $1,000 annually) to a foster youth who both requests the grant and submits an application containing a description of the proposed use of the grant.
4. Requires a pilot county to annually submit to DSS specified data on the number of applications, grants awarded and activities funded, and requires DSS, by October 1, 2022, to submit a report to the Legislature based on the data submitted.
5. States legislative intent to utilize the required report to evaluate options for continuing and expanding the pilot program after December 31, 2022.

FISCAL EFFECT:

1. Estimated costs of up to $12.5 million (GF) per year to fund the grants until the program sunsets on January 1, 2023, assuming sufficient youth take advantage of the maximum grant amount. The bill caps the state’s annual grant allocation at $12.5 million and makes it contingent upon an appropriation in the annual budget act for these purposes.
2. Estimated county administrative costs ranging from $370,000 (GF) to $1.1 million (GF) per year, depending on the four counties chosen to participate.
3. Estimated DSS workload and resource costs of $129,000 (GF) in fiscal year 2019-20 and ongoing costs of $116,000 (GF) to comply with the administrative requirements of operating the grant program. The bill states these requirements are contingent upon an appropriation by the Legislature.
4. Minor and absorbable costs to DSS to develop the grant application and other required forms.
5. Unknown state automation costs necessary to administer the program.

COMMENTS:

1. Purpose. This bill seeks to contribute to the well-being of foster youth by improving financial access to enrichment activities. According to the author:

California has been a trailblazer in aligning policy with the needs of foster youth, especially in recognizing that normalcy is vital to the overall health and well-being of foster children and youth, and that participation in extracurricular and enrichment activities is key to normalcy. In recent years, the establishment in law of the reasonable and prudent parent standard and the foster care bill of rights provided that all foster children and youth have the right to participate in age-appropriate extracurricular activities. The securing of these rights however falls short because financial barriers prevent foster youth from fully engaging in these activities. [This bill] seeks to rectify the lack of funding for extracurricular and enrichment activities, which are vital to normalcy and improve outcomes.

1. “Normalcy” for Foster Youth. A core principle behind “normalcy” is recognizing the right of foster children to engage in extracurricular and social activities on a regular basis. By adopting AB 408 (Steinberg), Chapter 813, Statutes of 2003, California recognized the need to support the right of foster children to engage in a range of activities and for a prudent parent standard. That bill states “every child adjudged a dependent child of the juvenile court shall be entitled to participate in age-appropriate extracurricular, enrichment, and social activities.”

The Foster Youth Bill of Rights, adopted in 2001 and amended over time to include 27 distinct rights, establishes the right of a foster youth to, “attend school and participate in extracurricular, cultural, and personal enrichment activities, consistent with the child’s age and developmental level, with minimal disruptions to school attendance and educational stability.”

As of January 1, 2019, there were 59,152 children in California’s child welfare system; approximately 29,300 of these children were between the ages of six and 21.

1. Prior Legislation.

AB 2905 (Acosta), of the 2017-2018 Legislative Session, would have established a similar program in four counties. That bill was held on this committee’s Suspense File.

AB 754 (Acosta), of the 2017-2018 Legislative Session, and AB 1984 (Linder), of the 2015-2016 Legislative Session, would have established a similar program on a statewide basis. Both bills were held on this committee’s Suspense File.

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

Date of Hearing: July 2, 2019

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Eloise Gómez Reyes, Chair

SBPCA Bill Id:SB 219

Author:(Wilk) – As Amended Ver:May 17, 2019

SENATE VOTE: 38-0

SUBJECT: Foster youth: enrichment activities

SUMMARY: Establishes until January 1, 2023, the “California Foster Youth Enrichment Grant Pilot Program” as a four-county pilot program designed to offer foster youth grants of up to $500 to fund extracurricular or enrichment activities. Specifically, this bill:

1. Makes Legislative findings and declarations related to challenges faced by foster youth and the positive impacts of participation in extracurricular and enrichment activities, as specified.
2. Requires, by January 1, 2020, and upon appropriation by the Legislature, the California Department of Social Services (CDSS) to establish the California Foster Youth Enrichment Grant Pilot Program to provide grants to foster youth to participate in extracurricular or enrichment activities, as specified.
3. Requires, by January 1, 2020, CDSS to allocate funds appropriated to it in the annual Budget Act for purposes of the provisions of this bill to two urban and two rural county child welfare agencies that submit a two-year plan via a request for proposal developed by CDSS.
4. Requires CDSS, in selecting the pilot counties, to promote diversity of size and geographic location among the participating counties and to prioritize counties with high rates of child poverty.
5. Requires CDSS to allocate $500 for each child or youth in foster care on March 31, 2020, in a pilot county to that county for each year of the two-year pilot and, further, stipulates that if the total resulting allocation for the four pilot counties exceeds $12.5 million, CDSS shall distribute $12.5 million proportionately among the pilot counties based on the number of children and youth in care on March 31, 2020.
6. Requires a child welfare agency to indicate its interest in participating in the pilot program by submitting a two-year plan by May 1, 2020.
7. Requires the plan submitted by the child welfare agency to be developed in consultation with foster youth, resource parents, and other interested community parties and to include all of the following, as specified:
   1. The county’s plan to conduct outreach to foster youth and resource parents about the availability of the grant;
   2. The county’s plan to collaborate with tribes, consortia of tribes, or tribal organizations to ensure Indian children access funding through the pilot program;
   3. The county’s plan to maximize the amount of funds disbursed;
   4. An accountability mechanism that ensures that grants are expended for extracurricular or enrichment activities but that does not include limiting grants to reimbursement for funds already expended; and,
   5. A statement prohibiting funds from being used for administrative activities associated with the pilot program.
8. Requires pilot counties, until the funds allocated by CDSS are exhausted, to award grants of up to $500 to a foster youth who both requests the grant to fund an extracurricular or enrichment activity and any directly related costs and submits an application containing a description of the proposed use of the grant, as specified.
9. Authorizes an individual responsible for applying the reasonable and prudent parenting standard, as specified, to submit an application on behalf of a foster youth.
10. Allows a foster youth to receive up to $1,000 annually through the pilot program.
11. Requires a pilot county to annually submit to CDSS data on the number of applications received and grants awarded and data on the activities and directly related costs the grants were used to fund, as specified.
12. Requires CDSS, by October 1, 2022, to submit a report to the Legislature, as specified, containing the data submitted by participating counties pursuant to provisions of this bill.
13. States Legislative intent to utilize the report required pursuant to provisions of this bill to evaluate options for continuing and expanding the pilot program after December 31, 2022.
14. Repeals the provisions of this bill as of January 1, 2023.

EXISTING LAW:

1. Permits the juvenile court to adjudge a child a dependent of the court for specified reasons, including, but not limited to, if a child has suffered or is at substantial risk of suffering serious physical harm, emotional damage, or sexual abuse, as specified. (Welfare and Institutions Code Section [WIC] Section 300)
2. States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being physically, sexually, or emotionally abused, neglected, or exploited, and to ensure the safety, protection, and physical and emotional well-being of children who are at risk of harm. (WIC 300.2)
3. Declares the intent of the Legislature to, whenever possible, preserve and strengthen a child's family ties and, when a child must be removed from the physical custody of their parents, to give preferential consideration to placement with relatives. States the intent of the Legislature to reaffirm its commitment to children who are in out-of-home placement to live in the least restrictive family setting and as close to the child's family as possible, as specified. Further states the intent of the Legislature that all children live with a committed, permanent, nurturing family and states that services and supports should be tailored to meet the specific needs of the individual child and family being served, as specified. (WIC 16000)
4. Requires out-of-home placement of a child in foster care to be based upon selection of a safe setting that is the least restrictive family setting that promotes normal childhood experiences and the most appropriate setting that meets the child's individual needs, as specified. Further, requires the selection of placement to consider, in order of priority, placement with: relatives, 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))
5. Defines the “reasonable and prudent parent” or “reasonable and prudent parent standard” to mean the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child while at the same time encouraging the emotional and developmental growth of the child, that a caregiver shall use when determining whether to allow a child in foster care under the responsibility of the state to participate in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities. (WIC 362.05)

FISCAL EFFECT: According to the Senate Appropriations Committee on May 16, 2019, this bill may result in the following costs:

• Up to $12.5 million per year until the program sunsets on January 1, 2023, for funding the grants across the pilot counties. (General Fund)
• CDSS would incur workload and resource costs of $129,000 in Fiscal Year 2019-20 and ongoing costs of $116,000 per year to comply with the administrative requirements of operating the grant program, including reviewing applications, verifying eligibility of applicants, collecting and tracking information about programs, disseminating grant funds, reviewing documentation on the use of grants, and preparing the required report to the Legislature.

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, be based upon a voluntary agreement with the parent where the court is 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, among other options, 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 (CCR). As of January 1, 2019, there were 59,152 children in California’s child welfare system.

The importance of extracurricular and enrichment activities for foster youth: The Preventing Sex Trafficking and Strengthening Families Act (P.L. 113-183), signed by President Obama in September of 2014, and SB 794 (Senate Committee on Human Services), Chapter 425, Statutes of 2015, enacted a number changes related to child welfare services. Among these many changes was the adoption of measures seeking to assist in creating “normalcy” for youth in foster care. A component of “normalcy” is the recognition of the right of foster children to engage on a regular basis in extracurricular and social activities.

“Normalcy” for foster youth is also furthered by application of a “reasonable and prudent parent standard”; this standard preserves the requirement that caregivers always strive to maintain the safety of a youth, while also expecting caregivers to allow foster youth to engage in a range of activities that other parents allow for their children. California has long recognized the importance of a prudent parent standard. Language adopted in AB 408 (Steinberg), Chapter 813, Statutes of 2003, stated that, “every child adjudged a dependent child of the juvenile court shall be entitled to participate in age-appropriate extracurricular, enrichment, and social activities,” and that, “caregivers shall use a prudent parent standard in determining whether to give permission for a child residing in foster care to participate in extracurricular, enrichment, and social activities.” SB 794 further defined California’s reasonable and prudent parent standard to mean the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child while simultaneously encouraging emotional and developmental growth. This clarification of the reasonable and prudent parent standard articulates the expectation placed on a caregiver to use this standard when determining whether to permit a child in foster care to participate in age- or developmentally appropriate extracurricular, enrichment, cultural, or social activities. The Foster Youth Bill of Rights also establishes the right of a foster youth to “attend school and participate in extracurricular, cultural, and personal enrichment activities, consistent with the child’s age and developmental level, with minimal disruptions to school attendance and educational stability.”

Extracurricular and enrichment activities have been found to have positive impacts for foster youth. For example, a January 2018 article in the journal Children and Youth Services Review entitled “Extracurricular activity participation and educational outcomes among older youth transitioning from foster care,” found that participation in extracurricular activities was correlated with better grades, greater educational aspirations, and graduation from high school with a diploma.

Need for this bill: This bill seeks to establish a pilot program in four counties aimed at supporting foster youth by offering grants of up to $500 to fund extracurricular or enrichment activities. According to the author, “California has been a trailblazer in aligning policy with the needs of foster youth, especially in recognizing that normalcy is vital to the overall health and well-being of foster children and youth, and that participation in extracurricular and enrichment activities is key to normalcy. In recent years, the establishment in law of the reasonable and prudent parent standard (WIC 362.05) and the foster care bill of rights (WIC 16001.9) provided that all foster children and youth have the right to participate in age-appropriate extracurricular activities. The securing of these rights however falls short because financial barriers prevent foster youth from fully engaging in these activities. [This bill] seeks to rectify the lack of funding for extracurricular and enrichment activities, which are vital to normalcy and improve outcomes. The bill acts upon the growing body of evidence that demonstrates the positive impact that extracurricular enrichment activities such as participation in sports, art, music, SAT prep classes, and school-sponsored activities can play in a young person’s academic performance and well-being. Not only have enrichment programs been demonstrated to positively impact a young person’s attendance in school, academic achievement, self-esteem and behavior, they are also an essential ingredient for high school students to build a robust and well-rounded college application so they can advance to and succeed in higher education.”

Recommended amendments: Some youth who are on probation and supervised by the delinquency (versus dependency) court – also referred to as “wards” (versus dependents) of the court – have orders for foster care placement. A point-in-time count on January 1, 2019, indicated that there were 2,508 probation-supervised foster youth in California (compared to 59,152 foster youth supervised by the dependency court). These youth would arguably benefit from the program proposed by the provisions of this bill.

Additionally, as noted in previous analyses by this Committee on similar bills, it is important to ensure that any grant program for youth not contain onerous application and reporting requirements. At the same time, it is also important to ensure that the funds are made available to and used solely by the youth to whom they have been awarded.

Therefore, in order to include probation-supervised foster youth in the provisions of this bill, to ensure a simple, uniform application process and use of awarded funds solely by recipient youth, and to make technical changes, committee staff recommends the following amendments:

Make the following change on line 3 of page 2 of the bill:

Make the following change on line 20 of page 2 of the bill:

Make the following changes beginning after line 35 of page 3 of the bill:

PRIOR LEGISLATION:

AB 2905 (Acosta) of 2018 would have established the California Foster Youth Enrichment Grant Pilot Program in four counties. AB 2905 was held on the Assembly Appropriations Committee suspense file.

AB 754 (Acosta) of 2017 was substantially similar to AB 1984 (Linder) of 2016. AB 754 was held on the Assembly Appropriations Committee suspense file.

AB 1984 (Linder) of 2016 would have established the California Foster Youth Enrichment Grant Program on a statewide basis. AB 1984 was held on the Assembly Appropriations Committee suspense file.

SB 794 (Senate Committee on Human Services), Chapter 425, Statutes of 2015, adopted a number of changes to bring the state into compliance with the federal Preventing Sex Trafficking, and Strengthening Families Act (Public Law 113-183), and included, among other things, language to conform with federal law regarding reasonable and prudent parent standards.

AB 81 (Strickland), Chapter 76, Statutes of 2009, provided that a foster child who changes residences pursuant to a court order or decision of a child welfare worker is immediately deemed to have met all residency requirements for participation in interscholastic sports or other extracurricular activities.

AB 408 (Steinberg), Chapter 813, Statutes of 2003, made changes in dependency law to help achieve permanency for older foster youth, including providing that caregivers shall use a "prudent parent" standard in determining whether to give permission for a child residing in foster care to participate in age-appropriate extracurricular, enrichment, and social activities.

REGISTERED SUPPORT / OPPOSITION:

Support

Aspiranet
California Council of Community Behavioral Health Agencies
California Police Chiefs Association
Children Now
County of Los Angeles Board of Supervisors
Los Angeles County Office of Education
National Association of Social Workers, California Chapter

Opposition

None on file

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

 THIRD READING  

Bill No: SB 219

Author: Wilk (R), et al.

Amended: 5/17/19

Vote: 21

SENATE HUMAN SERVICES COMMITTEE: 6-0, 4/8/19

AYES: Hurtado, Stone, Beall, Jackson, Pan, Wiener

SENATE APPROPRIATIONS COMMITTEE: 6-0, 5/16/19

AYES: Portantino, Bates, Bradford, Hill, Jones, Wieckowski

SUBJECT: Foster youth: enrichment activities

SOURCE: Youth Law Center

DIGEST:

This bill requires the California Department of Social Services (CDSS) to establish the California Foster Youth Enrichment Grant Program to provide grants of $500 or less to qualified foster youth in four pilot counties, as provided; and caps the total allocation to be provided for this grant program at $12,500,000.

ANALYSIS:

Existing law:

1. Establishes a system of juvenile dependency for children for specified reasons, including but not limited to children who are, or are at risk of, being physically, sexually, or emotionally abused, being neglected or being exploited, to ensure their safety, protection, and physical and emotional well-being, as specified. (WIC 300 et seq.)
2. States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being physically, sexually, or emotionally abused, neglected or exploited, and to ensure the safety, protection, and physical and emotional well-being of children who are at risk of harm. (WIC 300.2)
3. Declares the intent of the Legislature to, whenever possible, preserve and strengthen a child's family ties and, when a child must be removed from the physical custody of his or her parents, to give preferential consideration to placement with relatives. States the intent of the Legislature to reaffirm its commitment to children who are in out-of-home placement to live in the least restrictive family setting and as close to the child's family as possible, as specified. (WIC 16000)
4. Requires out-of-home placement of a child in foster care to be based upon selection of a safe setting that is the least restrictive family setting that promotes normal childhood experiences and the most appropriate setting that meets the child's individual needs, as specified. (WIC 16501.1(d)(1))
5. Enumerates rights of minors and nonminors in foster care, as provided. (WIC 16001.9)
6. 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 responsibility of the county welfare department, county probation department, or an Indian Tribe, and has a transitional independent living plan, as specified. (WIC 11400(v))
7. Defines “reasonable and prudent parent” or “reasonable and prudent parent standard” to mean the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interest of a child while simultaneously encouraging emotional and developmental growth. As well as requires a caregiver to use this standard when determining whether to permit a child in foster care to participate in age or developmentally appropriate extracurricular, enrichment, cultural, or social activities, as specified. (WIC 362.05(c)(1))
8. Requires every child adjudged a dependent of the juvenile court to be entitled to participate in age-appropriate extracurricular, enrichment, and social activities and further prohibits state or local regulation or policy from preventing or creating barriers to participation in those activities, as specified. (WIC 362.05(a)(1))

This bill:

1. Makes legislative findings and declarations regarding challenges faced by foster youth and the positive impact participating in extracurricular and enrichment activities can have on foster youth.
2. Requires CDSS to establish the California Foster Youth Enrichment Grant Pilot Program by or before January 1, 2020, upon appropriation to by the Legislature, to provide grants to foster youth to participate in activities that enhance their skills, abilities, self-esteem, or overall well-being.
3. Requires CDSS to allocate the funds appropriated to it for the purposes of the California Foster Youth Enrichment Grant Pilot Program to four county child welfare agencies by or before July 1, 2020, and caps the total allocation for the pilot program to $12,500,000 to be distributed proportionately among the pilot counties based on the number of children and youth in care in those counties.
4. Requires CDSS to select four counties, two urban and two rural, for the purposes of the pilot program, from county child welfare agencies that submit a two-year plan by a request for proposal developed by the department. Requires CDSS to promote diversity among the participating counties by considering size and geographic location, and prioritizing counties with high child poverty rates during its selection process.
5. Requires county child welfare agencies to indicate their interest in participating in the pilot program by submitting a two-year plan on or before May 1, 2020, and further requires the two-year plan be developed in consultation with foster youth, resource parents and other interested community partners.
6. Requires a county child welfare agency’s two year plan to include: the county’s plan to conduct outreach to foster youth and resource parents; the county’s plan to collaborate with tribes or tribal organizations to ensure Indian children access to funding; the county’s plan for disbursement of funds; an accountability mechanism; and a statement that funds shall not be used to fund administrative activities associated with the pilot program.
7. Requires pilot counties to award grants of $500 or less to a foster child or youth who both requests the grant to fund an extracurricular or enrichment activity and any directly related costs and submits an application containing a description of the proposed use of the grant and the anticipated cost of the activity until the funds allocated by the department are exhausted.
8. Allows an individual responsible for applying the reasonable and prudent parenting standard, as defined, to submit a grant application on behalf of a foster child or youth.
9. Sets the maximum amount a foster youth may receive through the pilot program at $1,000 annually.
10. Requires a pilot county to annually submit data on the number of applications received, grants, awarded, and the types of activities and directly related costs the grants were used to fund, to CDSS annually.
11. Requires CDSS to submit a report to the Legislature by October 1, 2022, that includes the data submitted by pilot counties.
12. Sunsets the pilot program on January 1, 2023.

Background

Existing law, through the establishment of the reasonable and prudent parent standard and the foster care bill of rights, provides that all foster children and youth have the right to participate in age-appropriate extracurricular activities. According to the author, “the securing of these rights however falls short because financial barriers prevent foster youth from fully engaging in extracurricular activities. SB 219 seeks to rectify the lack of funding for extracurricular and enrichment activities, which are vital to normalcy and improve outcomes.”

Child Welfare Services (CWS). California’s CWS system is an essential component of the state’s safety net. This system seeks to ensure the safety and protection of the 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 the second highest placement priority of the CWS system being to unite children with other relatives or nonrelative extended family members.

As of July 1, 2018, there were an estimated 51,969 children in California’s child welfare system.

Continuum of Care Reform (CCR) Effort. Researchers have documented poor outcomes for foster children, especially for those who are placed in group care. CCR intends to reduce the numbers of foster children placed in congregate settings by improving assessments of children and families, emphasizing home-based family placements of foster children, and changing the goals of congregate care placements.

“Children should live in their communities in home-based family care settings,” according to a 2015 report by CDSS entitled “California’s Child Welfare Continuum of Care Reform,” which forms the basis of the CCR. In 2015, the Legislature passed the first of four CDSS-sponsored bills enacting the CCR, AB 403 (Mark Stone, Chapter 773, Statutes of 2015). Among the essential components of the CCR is the establishment of a child and family team for each child in foster care, as well as the elimination of the group home category, and its replacement with short term residential therapeutic programs.

Reasonable and Prudent Parent Standard. Foster parents are required to rely on the “reasonable and prudent parent standard” when making decisions regarding the foster youth in their care. State law defines this standard as meaning the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child while encouraging emotional and developmental growth of the child. It provides caregivers with the ability to make decision regarding the child’s care while weighing the benefits and potentials risks and ultimately coming to a sensible decision that is in the best interest of the child.

Under existing California law, the caregiver must use this standard when determining whether to allow a child in foster care to participate in age- or developmentally appropriate extracurricular, enrichment, cultural, and social activities. Thus allowing foster children to have as “normal” a childhood as possible, given the safety and regulatory oversight that is placed on court-supervised children. An example of when a caregiver might apply the standard is in deciding whether to allow a child to attend a sleepover birthday party of a school friend, or to participate in sports, or other activities. Internet usage is not currently directly addressed in the statute, however it would be expected that a parent would exercise control over a foster child’s use of the Internet according to this standard.

Foster Youth Bill of Rights. In 2001, AB 899 (Liu, Chapter 683, Statutes 2001) consolidated and codified in statute all of the rights existing law provides to foster youth and created the Foster Youth Bill of Rights. AB 899 also required foster care providers and group home operators to provide foster youth with an age and developmentally appropriate orientation to the foster care system that includes an explanation of their rights and answers to their questions or concerns. Over time, additional rights have been given to foster youth and added to the Foster Youth Bill of Rights.

The existing Foster Youth Bill of Rights gives foster children and youth the right to attend school and participate in extracurricular, cultural, and personal enrichment activities, consistent with the child’s age and developmental level. Additionally, the Foster Youth Bill of Rights gives foster children and youth the right to have social contacts with people outside of the foster care system, including teachers, church members, mentors, and friends.

Importance of Participation in Extracurricular and Enrichment Activities. Existing state law acknowledges the importance of a foster child or youth’s ability to participate in extracurricular and enrichment activities. This can be seen through the existing law granting foster children and youth the explicit right to participate in such activities. Beyond being included in the Foster Youth Bill of Rights, AB 408 (Steinberg, Chapter 813, Statutes of 2003) provided that every child adjudged a dependent child of the juvenile court shall be entitled to participate in age-appropriate extracurricular, enrichment, and social activities. AB 408 further provided that the determination of whether a child could participate should be determined by the caregiver using a prudent parent standard and that no state or local regulation or policy may prevent or create barriers to participation in such activities. AB 408 codified these provisions, and several others, in an effort to further the goal of achieving permanency for older children in foster care and to facilitate these youths’ connections via a “real committed relationship to a caring adult.”^[1]

Research shows that participation in extracurricular and enrichment activities helps foster children and youth build connections to supportive adults and form community. Furthermore, research suggests it helps them heal from trauma, and improves academic achievement, self-esteem, and positive behavior.^[2] These benefits extend beyond the youth, with caregivers and families also benefiting from participation in extracurriculars. Access to extracurriculars provides children and youth with constructive activities during holiday and summer breaks, as well as after school hours, providing caregivers with a childcare option. Participation also provides a bonding opportunity for both caregivers and birth families, provides caregivers with additional support and further opportunities to build a relationship with based on the youth’s strengths or interests.^[3]

Related/Prior Legislation

AB 2905 (Acosta, 2018) would have established the California Foster Youth Enrichment Grant Pilot Program in four counties. This pilot program would have been developed through a CDSS convened workgroup and then implemented by CDSS in two rural and two urban counties. The bill was held in the Assembly Appropriations Committee.

AB 754 (Acosta, 2017) would have established the California Foster Youth Enrichment Grant Program, similar to the development plan in AB 2905 (Acosta, 2018) but on a statewide basis. The bill was held in the Assembly Appropriations Committee.

AB 1984 (Linder, 2016) was substantially similar to AB 754 (Acosta, 2017) and would have created a statewide California Foster Youth Enrichment Grant program to provide grants to foster youth to participate in activities that enhance their skills, abilities, self-esteem, or overall wellbeing. The bill was held in the Assembly Appropriations Committee.

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

According to the Senate Appropriations Committee:

• Up to $12.5 million per year until the program sunsets on January 1, 2023, for funding the grants across the pilot counties. (GF)
• CDSS would incur workload and resource costs of $129,000 in FY 2019-20 and ongoing costs of $116,000 per year to comply with the administrative requirements of operating the grant program, including reviewing applications, verifying eligibility of applicants, collecting and tracking information about programs, disseminating grant funds, reviewing documentation on the use of grants, and preparing the required report to the Legislature.

SUPPORT: (Verified 5/16/19)

Youth Law Center (source)

Aspiranet

California Collaboration for Youth

California Police Chiefs Association

California Youth Connection

Children Now

Children's Law Center of California

Gold Arrow Camp

John Burton Advocates for Youth

Los Angeles County Office of Education

National Association of Social Workers, California Chapter

National Center for Youth Law

Valley Trails Summer Camp

OPPOSITION: (Verified 5/16/19)

None received

Prepared by: Marisa Shea / HUMAN S. /

5/20/19 12:47:37

**** END ****

1. (Senate Health and Human Services Committee Analysis, AB 408 (Steinberg, 2003), June 16, 2003.) ↑

2. https://ylc.org/wp-content/uploads/2019/01/YLC-Extracurriculars-Report-2019.pdf ↑

3. Id. ↑

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

SB 219 (Wilk) - Foster youth: enrichment activities

Bill Summary:

SB 219 would require the California Department of Social Services (CDSS) to establish the California Foster Youth Enrichment Grant Program to provide grants of $500 or less to qualified foster youth in four pilot counties, as provided.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on May 16, 2019

Fiscal Impact:

• Up to $12.5 million per year until the program sunsets on January 1, 2023, for funding the grants across the pilot counties. (GF)
• CDSS would incur workload and resource costs of $129,000 in FY 2019-20 and ongoing costs of $116,000 per year to comply with the administrative requirements of operating the grant program, including reviewing applications, verifying eligibility of applicants, collecting and tracking information about programs, disseminating grant funds, reviewing documentation on the use of grants, and preparing the required report to the Legislature.

Author Amendments:

Limit the total amount allocated for grants to $12.5 million across the pilot counties. Make technical and clarifying changes.

-- END --

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

SB 219 (Wilk) - Foster youth: enrichment activities

Bill Summary:

SB 219 would require the California Department of Social Services (CDSS) to establish the California Foster Youth Enrichment Grant Program to provide grants of $500 or less to qualified foster youth in four pilot counties, as provided.

Fiscal Impact:

• Significant costs of approximately $6.0 million in FY 2019-20, and ongoing costs of $12.0 million in FY 2020-21 per year until the program sunsets on January 1, 2023. This assumes approximately 12,000 qualified youth take advantage of the maximum grant amount of $1000 (a $500 grant awarded twice in a year). (GF/federal funds)
• CDSS would incur workload and resource costs of $129,000 in FY 2019-20 and ongoing costs of $116,000 per year to comply with the administrative requirements of operating the grant program, including reviewing applications, verifying eligibility of applicants, collecting and tracking information about programs, disseminating grant funds, reviewing documentation on the use of grants, and preparing the required report to the Legislature.

Background:

Foster parents are required to rely on the “reasonable and prudent parent standard” when making decisions regarding the foster youth in their care. State law defines this standard as meaning the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child while encouraging emotional and developmental growth of the child. Under existing California law, the caregiver must use this standard when determining whether to allow a child in foster care to participate in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities. Thus allowing foster children to have as “normal” a childhood as possible, given the safety and regulatory oversight that is placed on court-supervised children.

In 2001, AB 899 (Lui, Chapter 683, Statutes 2001) consolidated and codified in statute all of the rights existing law provides to foster youth and created the Foster Youth Bill of Rights. AB 899 also required foster care providers and group home operators to provide foster youth with an age and developmentally appropriate orientation to the foster care system that includes an explanation of their rights and answers to their questions or concerns. Overtime, additional rights have been given to foster youth and added to the Foster Youth Bill of Rights. The existing Foster Youth Bill of Rights gives foster children and youth the right to attend school and participate in extracurricular, cultural, and personal enrichment activities, consistent with the child’s age and developmental level. Additionally, the Foster Youth Bill of Rights gives foster children and youth the right to have social contacts with people outside of the foster care system, including teachers, church members, mentors, and friends.

However, this right to participate does not guarantee a foster child or youth’s ability to partake in the extracurricular, cultural, and personal enrichment activities. Cost of extracurricular activities can be a significant barrier to participating in the activities.

Proposed Law:

This bill would establish the California Foster Youth Enrichment Grant Program in four counties. Specifically, this bill would:

• Require CDSS, by January 1, 2020, and upon appropriation by the Legislature, to establish the California Foster Youth Enrichment Grant Pilot Program to provide grants to foster youth to participate in specified activities;
• Require CDSS, by January 1, 2020, to allocate the appropriated funds to four county child welfare agencies (two rural counties and two urban counties) that submit a two-year plan by a request for proposal developed by the department by May 1, 2020;
• Specify what a child welfare agency is required to include in their two-year plan;
• Require CDSS to allocate $500 for each child or youth in care in the pilot counties on March 31, 2020;
• Require that pilot counties award grants of $500 or less to a foster child or youth, as specified, and provide that a foster youth may receive a maximum of $1,000 annually through the pilot program;
• Require a participating county to annually submit specified data to CDSS concerning grant application and use;
• Require CDSS, by October 1, 2022, to submit a report to the Legislature that includes data from the participating counties;
• State Legislative intent to use the report submitted by CDSS to evaluate options for continuing and expanding the program after December 31, 2022;
• Sunset the program on January 1, 2023.

Related Legislation:

AB 2905 (Acosta, 2018), similar to this bill, would have established the California Foster Youth Enrichment Grant Pilot Program in four counties. The pilot program would have been developed through a CDSS convened workgroup and then implemented by CDSS in two rural and two urban counties. The measure was held in the Assembly Appropriations Committee.

AB 754 (Acosta, 2017) would have established the California Foster Youth Enrichment Grant Program on a statewide basis. The measure was held in the Assembly Appropriations Committee.

AB 1984 (Linder, 2016) would have created a statewide California Foster Youth Enrichment Grant program to provide grants to foster youth to participate in activities that enhance their skills, abilities, self-esteem, or overall wellbeing. The measure was held in the Assembly Appropriations Committee.

AB 408 (Steinberg, Chapter 813, Statutes of 2003) made changes in dependency law to help achieve permanency for older foster youth, including providing that caregivers shall use a "prudent parent" standard in determining whether to give permission for a child residing in foster care to participate in age-appropriate extracurricular, enrichment, and social activities.

AB 899 (Liu, Chapter 683, Statutes of 2001) adopted California’s Foster Youth Bill of Rights.

Staff Comments:

As of July 1, 2018, there were an estimated 51,969 children in California’s child welfare system. The number of youth that would be awarded a grant under this bill is unknown. Costs would vary greatly depending on the number of grants awarded, due to both the overall amount of the grants funds disseminated and the additional administrative workload to review applications and track required information.

-- END --

SENATE COMMITTEE ON HUMAN SERVICES

Senator Hurtado, Chair

2019 - 2020 Regular

Bill No: SB 219

Subject: Foster youth: enrichment activities

SUMMARY

This bill requires the California Department of Social Services (CDSS) to establish the California Foster Youth Enrichment Grant Program to provide grants of $500 or less to qualified foster youth in four pilot counties, as provided.

ABSTRACT

Existing Law:

1. Establishes a system of juvenile dependency for children for specified reasons, including but not limited to children who are, or are at risk of, being physically, sexually, or emotionally abused, being neglected or being exploited, to ensure their safety, protection, and physical and emotional well-being, as specified. (WIC 300 et seq.)
2. States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being physically, sexually, or emotionally abused, neglected or exploited, and to ensure the safety, protection, and physical and emotional well-being of children who are at risk of harm. (WIC 300.2)
3. Declares the intent of the Legislature to, whenever possible, preserve and strengthen a child's family ties and, when a child must be removed from the physical custody of his or her parents, to give preferential consideration to placement with relatives. States the intent of the Legislature to reaffirm its commitment to children who are in out-of-home placement to live in the least restrictive family setting and as close to the child's family as possible, as specified. Further states the intent of the Legislature that all children live with a committed, permanent, nurturing family and states that services and supports should be tailored to meet the specific needs of the individual child and family being served, as specified. (WIC 16000)
4. Requires out-of-home placement of a child in foster care to be based upon selection of a safe setting that is the least restrictive family setting that promotes normal childhood experiences and the most appropriate setting that meets the child's individual needs, as specified. Further requires the selection of placement to consider, in order of priority, placement with: relatives, 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))
5. 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 their own case plan and plan for permanent place, if they are 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 old of changes to the plan. (WIC 16001.9)
6. 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 responsibility of the county welfare department, county probation department, or an Indian Tribe, and has a transitional independent living plan, as specified. (WIC 11400(v))
7. Defines “reasonable and prudent parent” or “reasonable and prudent parent standard” to mean the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interest of a child while simultaneously encouraging emotional and developmental growth. As well as requires a caregiver to use this standard when determining whether to permit a child in foster care to participate in age or developmentally appropriate extracurricular, enrichment, cultural, or social activities, as specified. (WIC 362.05(c)(1))
8. Requires every child adjudged a dependent of the juvenile court to be entitled to participate in age-appropriate extracurricular, enrichment, and social activities and further prohibits state or local regulation or policy from preventing or creating barriers to participation in those activities, as specified. (WIC 362.05(a)(1))

This Bill:

1. Makes legislative findings and declarations regarding challenges faced by foster youth and the positive impact participating in extracurricular and enrichment activities can have on foster youth.
2. Requires CDSS to establish the California Foster Youth Enrichment Grant Pilot Program by or before January 1, 2020, upon appropriation to by the Legislature, to provide grants to foster youth to participate in activities that enhance their skills, abilities, self-esteem, or overall well-being.
3. Requires CDSS to allocate the funds appropriated to it for the purposes of the California Foster Youth Enrichment Grant Pilot Program to four county child welfare agencies by or before July 1, 2020. Requires the amount allocated by CDSS to provide $500 for each child or youth in care in the pilot counties on March 31, 2020.
4. Requires CDSS to select four counties, two urban and two rural, for the purposes of the pilot program, from county child welfare agencies that submit a two-year plan by a request for proposal developed by the department. Requires CDSS to promote diversity among the participating counties by considering size and geographic location, and prioritizing counties with high child poverty rates during its selection process.
5. Requires county child welfare agencies to indicate their interest in participating in the pilot program by submitting a two-year plan on or before May 1, 2020 and further requires the two-year plan be developed in consultation with foster youth, resource parents and other interested community partners.
6. Requires a county child welfare agency’s two year plan to include all of the following:
   1. The county’s plan to conduct outreach to foster youth and resource parents regarding the availability of the grant, including, for example, outreach through child and family team meetings, independent living programs, and foster youth liaisons;
   2. The county’s plan to collaborate with tribes, consortia of tribes, or tribal organizations to ensure Indian children access funding through the pilot program;
   3. The county’s plan for disbursement of funds that maximizes the amount of funds disbursed;
   4. An accountability mechanism, that does not include limiting grants to reimbursement for funds already expended, to ensure that grants are expended for extracurricular or enrichment activities; and
   5. A statement that funds shall not be used to fund administrative activities associated with the pilot program.
7. Requires pilot counties to award grants of $500 or less to a foster child or youth who both requests the grant to fund an extracurricular or enrichment activity and any directly related costs and submits an application containing a description of the proposed use of the grant and the anticipated cost of the activity.
8. Allows a resource parent to submit a grant application on behalf of a foster child or youth.
9. Sets the maximum amount a foster youth may receive through the pilot program at $1,000 annually.
10. Requires a pilot county to annually submit data on the number of applications received, grants, awarded, and the types of activities and directly related costs the grants were used to fund, to CDSS annually.
11. Requires CDSS to submit a report to the Legislature by October 1, 2022 that includes the data submitted by pilot counties.
12. Sunsets the pilot program on January 1, 2023.

FISCAL IMPACT

This bill has not yet been heard by a fiscal committee.

BACKGROUND AND DISCUSSION

Purpose of the Bill:

Existing law, through the establishment of the reasonable and prudent parent standard and the foster care bill of rights, provides that all foster children and youth have the right to participate in age-appropriate extracurricular activities. According to the author, “the securing of these rights however falls short because financial barriers prevent foster youth from fully engaging in extracurricular activities. SB 219 seeks to rectify the lack of funding for extracurricular and enrichment activities, which are vital to normalcy and improve outcomes.”

Child Welfare Services

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

As of July 1, 2018 there were an estimated 51,969 children in California’s child welfare system.

Continuum of Care Reform (CCR) Effort

Researchers have documented poor outcomes for foster children, especially for those who are placed in group care. The CCR intends to reduce the numbers of foster children placed in congregate settings by improving assessments of children and families, emphasizing home-based family placements of foster children, and changing the goals of congregate care placements.

“Children should live in their communities in home-based family care settings,” according to a 2015 report by CDSS entitled “California’s Child Welfare Continuum of Care Reform,” which forms the basis of the CCR. In 2015, the Legislature passed the first of four CDSS-sponsored bills enacting the CCR, AB 403 (Mark Stone, Chapter 773, Statutes of 2015). Among the essential components of the CCR is the establishment of a child and family team for each child in foster care, as well as the elimination of the group home category, and its replacement with short term residential therapeutic programs.

Reasonable and Prudent Parent Standard

Foster parents are required to rely on the “reasonable and prudent parent standard” when making decisions regarding the foster youth in their care. State law defines this standard as meaning the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child while encouraging emotional and developmental growth of the child. It provides caregivers with the ability to make decision regarding the child’s care while weighing the benefits and potentials risks and ultimately coming to a sensible decision that is in the best interest of the child.

Under existing California law, the caregiver must use this standard when determining whether to allow a child in foster care to participate in age- or developmentally appropriate extracurricular, enrichment, cultural, and social activities. Thus allowing foster children to have as “normal” a childhood as possible, given the safety and regulatory oversight that is placed on court-supervised children. An example of when a caregiver might apply the standard is in deciding whether to allow a child to attend a sleepover birthday party of a school friend, or to participate in sports, or other activities. Internet usage is not currently directly addressed in the statute, however it would be expected that a parent would exercise control over a foster child’s use of the Internet according to this standard.

Foster Youth Bill of Rights

In 2001, AB 899 (Lui, Chapter 683, Statutes 2001) consolidated and codified in statute all of the rights existing law provides to foster youth and created the Foster Youth Bill of Rights. AB 899 also required foster care providers and group home operators to provide foster youth with an age and developmentally appropriate orientation to the foster care system that includes an explanation of their rights and answers to their questions or concerns. Overtime, additional rights have been given to foster youth and added to the Foster Youth Bill of Rights.

Most recently, AB 2119 (Gloria, Chapter 385, Statutes 2018) clarified that a foster youth’s right to gender affirming care, gender affirming behavior health services, and case plans that consider their gender identify. AB 2119 further incorporated these rights into the Foster Youth Bill of Rights. Additionally, SB 175 (Gipson, 2019), which is currently waiting to be heard in the Assembly Appropriations Committee, would expand, clarify and revise the rights of foster youth in conjunction with the efforts of a stakeholders working group, that was required to review and make recommendations to the Legislature for revising the Foster Youth Bill of Rights by AB 1067 (Gipson, Chapter 851, Statutes 20016).

The existing Foster Youth Bill of Rights gives foster children and youth the right to attend school and participate in extracurricular, cultural, and personal enrichment activities, consistent with the child’s age and developmental level. Additionally, the Foster Youth Bill of Rights gives foster children and youth the right to have social contacts with people outside of the foster care system, including teachers, church members, mentors, and friends.

However, this right to participate does not guarantee a foster child or youth’s ability to partake in the extracurricular, cultural, and personal enrichment activities. According to this bill’s sponsor, the Youth Law Center, “foster youth in California face barriers to participation in extracurricular and enrichment activities. Among the most significant of these barriers is costs. Extracurricular activities can entail a significant outlay of funds for families. These high costs create a challenge for caregivers to enroll their foster children in extracurriculars. This challenge is particularly pressing as the foster care payment rate does not explicitly include funds for extracurricular participation.”

Importance of Participation in Extracurricular and Enrichment Activities

Existing state law acknowledges the importance of a foster child or youth’s ability to participate in extracurricular and enrichment activities. This can be seen through the existing law granting foster children and youth the explicit right to participate in such activities. Beyond being included in the Foster Youth Bill of Rights, AB 408 (Steinberg, Chapter 813, Statutes 2003) provided that every child adjudged a dependent child of the juvenile court shall be entitled to participate in age-appropriate extracurricular, enrichment, and social activities. AB 408 further provided that the determination of whether a child could participate should be determined by the caregiver using a prudent parent standard and that no state or local regulation or policy may prevent or create barriers to participation in such activities. AB 408 codified these provisions, and several others, in an effort to further the goal of achieving permanency for older children in foster care and to facilitate these youths’ connections via a “real committed relationship to a caring adult.”^[1]

Research shows that participation in extracurricular and enrichment activities helps foster children and youth build connections to supportive adults and form community. Furthermore, research suggests it helps them heal from trauma, and improves academic achievement, self-esteem, and positive behavior.^[2] These benefits extend beyond the youth, with caregivers and families also benefiting from participation in extracurriculars. Access to extracurriculars provides children and youth with constructive activities during holiday and summer breaks, as well as after school hours, providing caregivers with a childcare option. Participation also provides a bonding opportunity for both caregivers and birth families, provides caregivers with additional support and further opportunities to build a relationship with based on the youth’s strengths or interests.^[3]

Related/Prior Legislation:

AB 175 (Gipson, 2019) would expand, clarify, and revise the Foster Youth Bill of Rights. This bill is currently waiting to be heard in the Assembly Appropriations Committee.

AB 2119 (Gloria, Chapter 385, Statutes 2018) clarified a foster youth’s right to gender affirming care, gender affirming behavior health services, and case plans that consider their gender identify. AB 2119 further incorporated these rights into the Foster Youth Bill of Rights.

AB 2905 (Acosta, 2018) would have established the California Foster Youth Enrichment Grant Pilot Program in four counties. This pilot program would have been developed through a CDSS convened workgroup and then implemented by CDSS in two rural and two urban counties. This bill was held in the Assembly Appropriations Committee.

AB 754 (Acosta, 2017) would have established the California Foster Youth Enrichment Grant Program, similar to the development plan in AB 2905 (Acosta, 2018) but on a statewide basis. This bill was held in the Assembly Appropriations Committee.

AB 1984 (Linder, 2016) was substantially similar to AB 754 (Acosta, 2017) and would have created a statewide California Foster Youth Enrichment Grant program to provide grants to foster youth to participate in activities that enhance their skills, abilities, self-esteem, or overall wellbeing. This bill was held in the Assembly Appropriations Committee.

AB 1067 (Gipson, Chapter 851, Statutes of 2016) required CDSS to convene a working group to develop standardized information about the rights of all minors and nonminors in foster care, and expanded requirements regarding the distribution of information regarding these rights.

SB 794 (Senate Committee on Human Services, Chapter 425, Statutes of 2015) adopted a number of changes to bring the state into compliance with the federal Preventing Sex Trafficking, and Strengthening Families Act (Public Law 113-183), and included, among other things, language to conform with federal law regarding reasonable and prudent parent standards.

AB 81 (Strickland, Chapter 76, Statutes of 2009) provided that a foster child who changes residences pursuant to a court order or decision of a child welfare worker is immediately deemed to have met all residency requirements for participation in interscholastic sports or other extracurricular activities.

AB 408 (Steinberg, Chapter 813, Statutes of 2003) made changes in dependency law to help achieve permanency for older foster youth, including providing that caregivers shall use a "prudent parent" standard in determining whether to give permission for a child residing in foster care to participate in age-appropriate extracurricular, enrichment, and social activities.

AB 899 (Liu, Chapter 683, Statutes of 2001) adopted California’s Foster Youth Bill of Rights.

COMMENTS

This bill provides foster children and youth in four counties with the opportunity to receive grant funding for participation in extracurricular and enrichment activities. The four counties are yet to be determined, as they will have to apply to CDSS to participate. As part of this application process, the counties have to submit a two-year plan detailing their participation in this pilot program, including how they would disburse the funds and ensure the funds are used properly, while also detailing their plans to conduct outreach regarding the grant program and their ability to ensure Indian children have access to pilot program funds. If this bill passes, it would take effect in January of 2020 and counties would be required to submit their plans by May 1, 2020. The bill provides no funding for counties to utilize in terms of preparing their applications and specifies that the funds received for the pilot program, if they are selected to participate, cannot be used for administrative activities associated with the pilot. This tight timeline and the upfront administrative work, with no promise of reward, may deter some counties from seeking to participate.

Furthermore, foster youth in the participating counties will need to request the grant funds and submit an application containing a description of the proposed use and anticipated cost of the extracurricular or enrichment activity. They will likely need to provide documentation or additional information on how the funds were spent in response to the county’s accountability mechanism. At this time, it is unknown what that mechanism will be as the counties will propose the mechanism in their application for the pilot program, the only limitation is that it cannot be limiting grants to reimbursement for funds already expended. Additionally, CDSS continues to be responsible for establishing the pilot program, reviewing applications, selecting counties, and reporting to the legislature on the results of the pilot.

This suggests that there may continue to be implementation concerns similar to what was raised in regards to AB 2905 (Acosta, 2018). The Assembly Human Services Committee analysis on AB 2905 noted that the “administrative requirements could have the effect of diverting a significant portion of funds away from supporting the activities and foster youth themselves, and could create a disincentive for participation in the grant program.” This bill has removed some of the administrative burdens from CDSS and requires participating counties to not use the funds provided for administration of the program. Yet, the program continues to have many elements that will need to be administered by both CDSS and the counties, meaning there will be costs associated and those costs could deter counties from seeking to participate.

Clearly, it is important that foster youth have access to extracurricular and enrichment activities. At this time the problem seems to be that a lack of access to funding deters youth’s participation. Should this bill move forward, the author may wish to work with CDSS, the County Welfare Directors Association, and other stakeholders to explore ways to further lessen the administrative impact of this proposed pilot program and ensure foster youths’ ease of access to funding opportunities for extracurricular and enrichment activities.

POSITIONS

Support:

Youth Law Center (Sponsor)

California Collaboration for Youth

California Police Chiefs Association

California Youth Connection (CYC)

Children's Law Center of California

Gold Arrow Camp

John Burton Advocates for Youth

Los Angeles County Office of Education

National Association of Social Workers, California Chapter

National Center for Youth Law

Valley Trails Summer Camp

Oppose:

None received

-- END --

1. (Senate Health and Human Services Committee Analysis, AB 408 (Steinberg, 2003), June 16, 2003.) ↑

2. https://ylc.org/wp-content/uploads/2019/01/YLC-Extracurriculars-Report-2019.pdf ↑

3. Id. ↑