VETO  

Bill No: SB 912

Author: Beall (D), et al.

Amended: 8/24/20

Vote: 27 - Urgency

SENATE HUMAN SERVICES COMMITTEE: 7-0, 5/19/20

AYES: Hurtado, Jones, Beall, Jackson, Melendez, Pan, Wiener

SENATE APPROPRIATIONS COMMITTEE: 7-0, 6/18/20

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

SENATE FLOOR: 40-0, 6/25/20

AYES: 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, Melendez, Mitchell, Monning, Moorlach, Morrell, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Umberg, Wieckowski, Wiener, Wilk

SENATE FLOOR: 38-0, 8/29/20

AYES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dahle, Dodd, Durazo, Galgiani, Glazer, Lena Gonzalez, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Leyva, McGuire, Melendez, Mitchell, Monning, Moorlach, Morrell, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Umberg, Wieckowski, Wiener, Wilk

NO VOTE RECORDED: Jones, Stern

ASSEMBLY FLOOR: 73-0, 8/26/20 - See last page for vote

SUBJECT: California Fostering Connections to Success Act

SOURCE: Children's Law Center of California

Journey House

Youth Law Center

DIGEST:

This bill permits the juvenile court to retain jurisdiction over any ward or dependent child who is eligible to receive support as a nonminor dependent (NMD), and requires, for any emergency declared by the Governor on or after January 1, 2021, an NMD who turns 21 years of age while a state of emergency is in effect continues to receive support as an NMD for six months from the date of the declaration, as specified.

ANALYSIS:

Existing law:

1. Establishes a state and local system of child welfare services (CWS), including foster care, for children who have been adjudged by the court to be at risk of abuse and neglect or to have been abused or neglected, as specified. (WIC 202)
2. Establishes a system of juvenile dependency for children for specified reasons, and designates that a child who meets certain criteria is within the jurisdiction of the juvenile court and may be adjudged as a dependent child of the court, as specified. (WIC 300 et seq.)
3. Defines “nonminor dependent” as a current or former foster youth who is a current dependent child or ward of the juvenile court, or who is a nonminor under transition jurisdiction of the juvenile court, who is between 18 and 21 years old. (WIC 11400(v))
4. Authorizes the juvenile court to resume jurisdiction over a nonminor who has attained 18 years of age, but not yet attained 21 years of age, and for whom the court has dismissed dependency, delinquency, or transition jurisdiction. (WIC 303(c))
5. Requires a NMD to meet one or more participation requirements to remain under a foster care order by the juvenile court, as provided. (WIC 11403(b))
6. Provides that for youth exiting from care, at 18 or 21 years of age, a case worker shall provide the youth or NMD with assistance and support in developing the written 90-day transition exit plan, as provided. (WIC 16501.1(g)(16))
7. Authorizes, pursuant to Executive Order No. N-53-20, temporary waivers of certain foster youth program requirement in order to ensure continuity of care in response to the COVID-19 pandemic.

This bill:

1. Permits the juvenile court to retain jurisdiction over any ward or dependent child who is eligible to receive support as an NMD pursuant to certain provisions of this bill, as specified.
2. Deems as eligible to continue receiving support as an NMD until June 30, 3021, an NMD who turned 21 years of age from March 4, 2020, to June 30, 2021, and, further, deems as eligible to reenter foster care pursuant to current law NMDs who meet the eligibility criteria enumerated in current law.
3. Requires, for any statewide state of emergency declared by the Governor on or after January 1, 2021, an NMD who turns 21 years of age while the state of emergency is in effect to continue receiving support as an NMD for six months from the date of the declaration, as specified, and, further, permits the Governor to extend this support beyond the initial six months, if certain conditions are met, as specified.
4. Requires, for any state of emergency declared by the Governor on a county-by-county basis on or after January 1, 2020, and if the SAWS can perform the necessary automation to implement this requirement, an NMD who turns 21 years of age while the state of emergency is in effect to continue receiving support as an NMD for six months from the date of the declaration, and, further, permits the Governor to extend this support beyond the initial six months if certain conditions are met, as specified.
5. Requires, for any state of emergency declared by the Governor on or after January 1, 2021, an NMD who is unable to meet one of the conditions for extended foster care participation, as enumerated in current law, while the declared state of emergency is in effect to continue receiving support for six months from the date of the declaration, as specified, and, further, permits the Governor to require counties to provide additional support to NMDs who are unable to meet one of the conditions for extended foster care participation, as specified.
6. States legislative intent that the California Department of Social Services (CDSS) work with counties and other stakeholders to issue guidance to facilitate continuous eligibility for NMDs who may have become unemployed or faced barriers to employment due to the COVID-19 pandemic and subsequent economic recession.
7. Provides, to the extent this bill’s provisions have an overall effect on increase Proposition 30/2011 Realignment costs, the state must provide annual funding for the cost increase.
8. Declares the provisions of this bill an urgency statute and mandates that the provision of this bill go into effect immediately in order to provide stability and financial support to NMDs who may be adversely affect by the state of emergency proclaimed by the Governor, including the state of emergency proclaimed by the Governor relating to the novel coronavirus (COVID-19) pandemic.

Comments

According to the author, “COVID-19 has created an unprecedented crisis around the world. California’s shelter in place order has disrupted daily life, halted the economy, and negatively impacted critical services provided by the state. As many industries struggle to cope with the new normal, foster youth are hit especially hard. Many foster youth are in need of emergency policy changes in order to maintain stable placements, safe housing, and their academic goals during a state of emergency.”

Child Welfare Services. California’s CWS system is an essential component of the state’s safety net. This system seeks to ensure the safety and protection of children, and where possible, preserve and strengthen families that are involved with the CWS system through visitation and family reunification. The CWS system provides multiple opportunities for the custody of a foster 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 January 1, 2020, there were 59,156 children in California’s CWS system.

Extended Foster Care. The intent of EFC is to bridge the gap between the intensive supervision of foster care and unsupervised adulthood by maintaining a safety net of support while providing the youth independence and additional educational or work opportunities.

The federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (P.L. 110-351) enabled states to expand the definition of a foster “child,” by creating extended care for youth up to age 21. The federal law allows foster youth to remain in care past age 18 if they meet one of the following participation criteria: are enrolled in high school or a high school equivalency credential; enrolled in college, community college, or vocational education; employed for at least 80 hours a month; participating in other qualifying activities or programs designed to remove barriers to employment; or medically exempt from meeting any of the other participation criteria.

In 2010, California enacted AB 12 (Beall, Chapter 559, Statutes of 2010), which permits foster youth to remain in EFC until age 21, under the same criteria as the federal statute. At the six month hearing prior to a youth turning 18 years old, the youth’s social worker or probation officer must submit a transitional living plan to ensure that the youth will meet at least one participation criteria, listed above, if the youth plans to participate in EFC. Additionally, existing law allows qualifying nonminors who are former foster youth under the age of 21 to petition the court for re-entry into foster care to participate in EFC, as provided.

Youth participation in the program has exceeded expectation. Between July 2010 and July 2014, the number of youth age 18-20 in EFC in California increased 211 percent, from 2,908 to 9,032, according to data compiled by UC Berkeley. As of January 1, 2020, there were an estimated 7,396 youth participating in EFC in California.

COVID-19 Flexibilities for Extended Foster Care. On April 17, 2020, Governor Newsom signed an executive order that allows for temporary waivers to certain foster youth programs to ensure continuity of care for youth in response to the COVID-19 pandemic. Specifically, this executive order suspended the following requirements related to EFC:

• Physical, in-person, face-to-face application, meetings, visits and signature requirements for youth entering or reentering EFC; and
• The maximum age criteria for nonminor dependents who turn 21 on or after the date of the Executive Order.

This executive order provided a temporary extension for all NMDs currently in EFC who turn 21 on or after April 17, 2020 through June 30, 2020. Additionally, per All County Letter (ALC) no. 20-45, counties are advised to demonstrate flexibility when working with an NMD who have experienced disruptions in meeting EFC program eligibility criteria. ACL no. 20-45 states that all NMDs who have met the eligibility requirements for EFC and have lost their employment or have experienced a disruption in their education program may continue to remain eligible for EFC. These flexibilities are necessary due to the COVID-19 pandemic and the resulting statewide stay at home order for non-essential workers and social distancing measures when conducting essential business.

California’s foster youth were not immune to the disruption to daily life caused by the COVID-19 pandemic and resulting stay at home order, but rather more vulnerable to its impact. As a result of the COVID-19 pandemic and associated stay at home order, many NMDs lost their employment, faced school closures, and were possibly transitioned to remote learning, sometimes without access to the needed technology or internet services. Additionally, since most NMD’s housing is tied to their participation in, those youth who aged out of EFC during the pandemic were likely to lose their housing and financial support at a time when all Californian’s are being impacted by the economic impacts of the pandemic.

This bill codifies the authority for NMDs who turn 21 during a declared state of emergency to remain in for a set period of time, as provided. These proposed changes would apply to those NMDs impacted by the COVID-19 pandemic as well as future states of emergency.

COVID-19 Impact on California’s Juvenile Courts. On March 23, 2020, Chief Justice Tani G. Cantil-Sakaye issued a statewide order suspending all jury trials in California’s superior courts for 60 days and allowing courts to immediately adopt new rules to address the impact of the COVID-19 pandemic. This order allowed superior courts to adopt any proposed rules or rule amendment intended to address the impact of the COVID-19 pandemic to take effect immediately. Additionally, on April 6, 2020, the Judicial Council adopted 11 temporary emergency rules in response to COVID-19’s impact on the courts, including two rules relating to juvenile courts.

Emergency rule 6 relates applies to all juvenile dependency proceedings filed or pending until the state of emergency related to the COVID-19 pandemic is lifted. The rule allows for court proceedings to occur via remote technology, as provided, and requires electronic receipt of court reports, except for a parent or child who do not have access to the technology necessary to receive the report in this way. The rule provides that if a court hearing cannot occur either in the courthouse or remotely, the hearing may be continued up to 60 days, with certain time restraints provided for specific hearing types.

This emergency rule is set to remain in effect until 90 days after the Governor declares that the state of emergency related to the COVID-19 pandemic is lifted or until amended or repealed by the Judicial Council. Though Emergency rule 6 has helped reduced some of the COVID-19 pandemic’s impact on dependency courts, advocates relay that many counties dependency courts are continuing to be drastically impacted by the reality of this pandemic.

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

According to the Assembly Appropriations Committee:

• The CDSS estimates a cost of $5.1 million (General Fund) in fiscal year (FY) 2020-21 for the temporary extension of EFC eligibility to youth who reached 21 years of age between March 4, 2020, and April 17, 2020. ($4.2 million for assistance and $895,000 for administration).
• Potential future costs of an unknown, but potentially similar magnitude, if the Governor declares a state of emergency on or after January 1, 2021, to provide continued support for six months from the date of the declaration to NMDs who turn 21 years of age or are unable to meet one of the conditions for EFC participation during the emergency, as provided.

SUPPORT: (Verified 10/2/20)

Children's Law Center of California (co-source)

Journey House (co-source)

Youth Law Center (co-source)

Beyond Emancipation

California Youth Connection

Center for Juvenile Law and Policy, Loyola Law School

Children Now

National Association of Social Workers, California Chapter

National Center for Youth Law

Public Counsel

OPPOSITION: (Verified 10/2/20)

None received

GOVERNOR'S VETO MESSAGE:

I am returning Senate Bill 912 without my signature.

During the current state of emergency related to the pandemic, the State of California has addressed the needs of many of our vulnerable populations through executive orders that immediately extended benefits and waived specified requirements to remove obstacles to provide ongoing aid. Foremost among these actions was including over $40 million in the 2020 Budget Act to allow nonminor dependents (NMDs) who would have otherwise aged out of extended foster care access to supports and services until June 30, 2021.

This bill, however, is seeking to extend court jurisdiction for all NMDs who aged out of extended foster care once the state of emergency was declared on March 4, 2020, until June 30, 2021. Further, this bill also would, for any statewide or county-by-county state of emergency declared by the Governor on or after January 1, 2021, require NMDs who turn 21 years of age while the state of emergency is in effect to continue to receive foster care support for six months from the date of the declaration.

Because disasters and pandemics vary and are difficult to predict, this bill would obligate the State to a specific approach that may not always be the most prudent or effective.

For these reasons, I am unable to sign this bill.

ASSEMBLY FLOOR: 73-0, 8/26/20

AYES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Megan Dahle, Daly, Flora, Fong, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, 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, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Diep, Eggman, Frazier, Gray, Voepel, Wicks

Prepared by: Marisa Shea / HUMAN S. /

10/14/20 11:24:12

**** END ****

 UNFINISHED BUSINESS  

Bill No: SB 912

Author: Beall (D), et al.

Amended: 8/24/20

Vote: 27 - Urgency

SENATE HUMAN SERVICES COMMITTEE: 7-0, 5/19/20

AYES: Hurtado, Jones, Beall, Jackson, Melendez, Pan, Wiener

SENATE APPROPRIATIONS COMMITTEE: 7-0, 6/18/20

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

SENATE FLOOR: 40-0, 6/25/20

AYES: 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, Melendez, Mitchell, Monning, Moorlach, Morrell, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Umberg, Wieckowski, Wiener, Wilk

ASSEMBLY FLOOR: 73-0, 8/26/20 - See last page for vote

SUBJECT: California Fostering Connections to Success Act

SOURCE: Children's Law Center of California

Journey House

Youth Law Center

DIGEST:

This bill permits the juvenile court to retain jurisdiction over any ward or dependent child who is eligible to receive support as a nonminor dependent (NMD), and requires, for any emergency declared by the Governor on or after January 1, 2021, an NMD who turns 21 years of age while a state of emergency is in effect continues to receive support as an NMD for six months from the date of the declaration, as specified.

Assembly Amendments

remove provisions related to youth who turned 18 years old while subject to a detainment order, preventing them from being considered a NMD for the purposes of this bill; shorten the amount of time an NMD may remain continue receiving support if they turn 21 during a future declared state of emergency from 12 months to six months, as provided; place limitations on applicability of these provisions to a state of emergency declared by the Governor on a county-by-county basis, by limiting the applicability of these provisions to the Statewide Automated Welfare System (SAWS) ability to perform the necessary automation for implementation.

ANALYSIS:

Existing law:

1. Establishes a state and local system of child welfare services (CWS), including foster care, for children who have been adjudged by the court to be at risk of abuse and neglect or to have been abused or neglected, as specified. (WIC 202)
2. Establishes a system of juvenile dependency for children for specified reasons, and designates that a child who meets certain criteria is within the jurisdiction of the juvenile court and may be adjudged as a dependent child of the court, as specified. (WIC 300 et seq.)
3. Defines “nonminor dependent” as a current or former foster youth who is a current dependent child or ward of the juvenile court, or who is a nonminor under transition jurisdiction of the juvenile court, who is between 18 and 21 years old. (WIC 11400(v))
4. Authorizes the juvenile court to resume jurisdiction over a nonminor who has attained 18 years of age, but not yet attained 21 years of age, and for whom the court has dismissed dependency, delinquency, or transition jurisdiction. (WIC 303(c))
5. Requires a NMD to meet one or more participation requirements to remain under a foster care order by the juvenile court, as provided. (WIC 11403(b))
6. Provides that for youth exiting from care, at 18 or 21 years of age, a case worker shall provide the youth or NMD with assistance and support in developing the written 90-day transition exit plan, as provided. (WIC 16501.1(g)(16))
7. Authorizes, pursuant to Executive Order No. N-53-20, temporary waivers of certain foster youth program requirement in order to ensure continuity of care in response to the COVID-19 pandemic.

This bill:

1. Permits the juvenile court to retain jurisdiction over any ward or dependent child who is eligible to receive support as an NMD pursuant to certain provisions of this bill, as specified.
2. Deems as eligible to continue receiving support as an NMD until June 30, 3021, an NMD who turned 21 years of age from March 4, 2020, to June 30, 2021, and, further, deems as eligible to reenter foster care pursuant to current law NMDs who meet the eligibility criteria enumerated in current law.
3. Requires, for any statewide state of emergency declared by the Governor on or after January 1, 2021, an NMD who turns 21 years of age while the state of emergency is in effect to continue receiving support as an NMD for six months from the date of the declaration, as specified, and, further, permits the Governor to extend this support beyond the initial six months, if certain conditions are met, as specified.
4. Requires, for any state of emergency declared by the Governor on a county-by-county basis on or after January 1, 2020, and if the SAWS can perform the necessary automation to implement this requirement, an NMD who turns 21 years of age while the state of emergency is in effect to continue receiving support as an NMD for six months from the date of the declaration, and, further, permits the Governor to extend this support beyond the initial six months if certain conditions are met, as specified.
5. Requires, for any state of emergency declared by the Governor on or after January 1, 2021, an NMD who is unable to meet one of the conditions for extended foster care participation, as enumerated in current law, while the declared state of emergency is in effect to continue receiving support for six months from the date of the declaration, as specified, and, further, permits the Governor to require counties to provide additional support to NMDs who are unable to meet one of the conditions for extended foster care participation, as specified.
6. States legislative intent that the California Department of Social Services (CDSS) work with counties and other stakeholders to issue guidance to facilitate continuous eligibility for NMDs who may have become unemployed or faced barriers to employment due to the COVID-19 pandemic and subsequent economic recession.
7. Provides, to the extent this bill’s provisions have an overall effect on increase Proposition 30/2011 Realignment costs, the state must provide annual funding for the cost increase.
8. Declares the provisions of this bill an urgency statute and mandates that the provision of this bill go into effect immediately in order to provide stability and financial support to NMDs who may be adversely affect by the state of emergency proclaimed by the Governor, including the state of emergency proclaimed by the Governor relating to the novel coronavirus (COVID-19) pandemic.

Comments

According to the author, “COVID-19 has created an unprecedented crisis around the world. California’s shelter in place order has disrupted daily life, halted the economy, and negatively impacted critical services provided by the state. As many industries struggle to cope with the new normal, foster youth are hit especially hard. Many foster youth are in need of emergency policy changes in order to maintain stable placements, safe housing, and their academic goals during a state of emergency.”

Child Welfare Services. California’s CWS system is an essential component of the state’s safety net. This system seeks to ensure the safety and protection of children, and where possible, preserve and strengthen families that are involved with the CWS system through visitation and family reunification. The CWS system provides multiple opportunities for the custody of a foster 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 January 1, 2020, there were 59,156 children in California’s CWS system.

Extended Foster Care. The intent of EFC is to bridge the gap between the intensive supervision of foster care and unsupervised adulthood by maintaining a safety net of support while providing the youth independence and additional educational or work opportunities.

The federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (P.L. 110-351) enabled states to expand the definition of a foster “child,” by creating extended care for youth up to age 21. The federal law allows foster youth to remain in care past age 18 if they meet one of the following participation criteria: are enrolled in high school or a high school equivalency credential; enrolled in college, community college, or vocational education; employed for at least 80 hours a month; participating in other qualifying activities or programs designed to remove barriers to employment; or medically exempt from meeting any of the other participation criteria.

In 2010, California enacted AB 12 (Beall, Chapter 559, Statutes of 2010), which permits foster youth to remain in EFC until age 21, under the same criteria as the federal statute. At the six month hearing prior to a youth turning 18 years old, the youth’s social worker or probation officer must submit a transitional living plan to ensure that the youth will meet at least one participation criteria, listed above, if the youth plans to participate in EFC. Additionally, existing law allows qualifying nonminors who are former foster youth under the age of 21 to petition the court for re-entry into foster care to participate in EFC, as provided.

Youth participation in the program has exceeded expectation. Between July 2010 and July 2014, the number of youth age 18-20 in EFC in California increased 211 percent, from 2,908 to 9,032, according to data compiled by UC Berkeley. As of January 1, 2020, there were an estimated 7,396 youth participating in EFC in California.

COVID-19 Flexibilities for Extended Foster Care. On April 17, 2020, Governor Newsom signed an executive order that allows for temporary waivers to certain foster youth programs to ensure continuity of care for youth in response to the COVID-19 pandemic. Specifically, this executive order suspended the following requirements related to EFC:

• Physical, in-person, face-to-face application, meetings, visits and signature requirements for youth entering or reentering EFC; and
• The maximum age criteria for nonminor dependents who turn 21 on or after the date of the Executive Order.

This executive order provided a temporary extension for all NMDs currently in EFC who turn 21 on or after April 17, 2020 through June 30, 2020. Additionally, per All County Letter (ALC) no. 20-45, counties are advised to demonstrate flexibility when working with an NMD who have experienced disruptions in meeting EFC program eligibility criteria. ACL no. 20-45 states that all NMDs who have met the eligibility requirements for EFC and have lost their employment or have experienced a disruption in their education program may continue to remain eligible for EFC. Those youth who remain enrolled in their school or are participating in their school’s distance learning opportunities continue to remain eligible through meeting the educational criteria. Additionally, this ACL reminds counties that NMDs who cannot meet the EFC participation criteria through employment or education due to COVID-19 continue to be eligible for EFC when they participate in programs or activities designed to promote, or reduce barriers to, employment or when a medical condition renders them incapable of participating in any eligible activity. These flexibilities are necessary due to the COVID-19 pandemic and the resulting statewide stay at home order for non-essential workers and social distancing measures when conducting essential business.

California’s foster youth were not immune to the disruption to daily life caused by the COVID-19 pandemic and resulting stay at home order, but rather more vulnerable to its impact. As a result of the COVID-19 pandemic and associated stay at home order, many NMDs lost their employment, faced school closures, and were possibly transitioned to remote learning, sometimes without access to the needed technology or internet services. Additionally, since most NMD’s housing is tied to their participation in, those youth who aged out of EFC during the pandemic were likely to lose their housing and financial support at a time when all Californian’s are being impacted by the economic impacts of the pandemic.

This bill proposes to codify the authority for NMDs who turn 21 during a declared state of emergency to remain in for a set period of time, as provided. These proposed changes would apply to those NMDs impacted by the COVID-19 pandemic as well as future states of emergency.

COVID-19 Impact on California’s Juvenile Courts. On March 23, 2020, Chief Justice Tani G. Cantil-Sakaye issued a statewide order suspending all jury trials in California’s superior courts for 60 days and allowing courts to immediately adopt new rules to address the impact of the COVID-19 pandemic. This order allowed superior courts to adopt any proposed rules or rule amendment intended to address the impact of the COVID-19 pandemic to take effect immediately. Additionally, on April 6, 2020, the Judicial Council adopted 11 temporary emergency rules in response to COVID-19’s impact on the courts, including two rules relating to juvenile courts.

Emergency rule 6 relates applies to all juvenile dependency proceedings filed or pending until the state of emergency related to the COVID-19 pandemic is lifted. The rule allows for court proceedings to occur via remote technology, as provided, and requires electronic receipt of court reports, except for a parent or child who do not have access to the technology necessary to receive the report in this way. The rule provides that if a court hearing cannot occur either in the courthouse or remotely, the hearing may be continued up to 60 days, with certain time restraints provided for specific hearing types.

This emergency rule is set to remain in effect until 90 days after the Governor declares that the state of emergency related to the COVID-19 pandemic is lifted or until amended or repealed by the Judicial Council. Though Emergency rule 6 has helped reduced some of the COVID-19 pandemic’s impact on dependency courts, advocates relay that many counties dependency courts are continuing to be drastically impacted by the reality of this pandemic. Antidotal evidence from minors’ and parents’ counsel organizations suggests that some dependency courts are able to hear, remotely or otherwise, very few dependency proceedings. Thus, in many instances courts are granting continuances, resulting in a backlog of dependency proceedings to be worked through when the state of emergency is lifted. Additionally, advocates suggest that since the rule was written to remain in effect until 90 days after the Governor declares that the state of emergency related to the COVID-19 pandemic is lifted, dependency courts are not likely to return to business as usual until that 90-day period has passed.

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

According to the Assembly Appropriations Committee:

• The CDSS estimates a cost of $5.1 million (General Fund) in fiscal year (FY) 2020-21 for the temporary extension of EFC eligibility to youth who reached 21 years of age between March 4, 2020, and April 17, 2020. ($4.2 million for assistance and $895,000 for administration).
• Potential future costs of an unknown, but potentially similar magnitude, if the Governor declares a state of emergency on or after January 1, 2021, to provide continued support for six months from the date of the declaration to NMDs who turn 21 years of age or are unable to meet one of the conditions for EFC participation during the emergency, as provided.

SUPPORT: (Verified 8/26/20)

Children's Law Center of California (co-source)

Journey House (co-source)

Youth Law Center (co-source)

Beyond Emancipation

California Youth Connection

Center for Juvenile Law and Policy, Loyola Law School

Children Now

National Association of Social Workers, California Chapter

National Center for Youth Law

Public Counsel

OPPOSITION: (Verified 8/26/20)

None received

ASSEMBLY FLOOR: 73-0, 8/26/20

AYES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Megan Dahle, Daly, Flora, Fong, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, 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, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Diep, Eggman, Frazier, Gray, Voepel, Wicks

Prepared by: Marisa Shea / HUMAN S. /

8/28/20 20:04:10

**** END ****

SENATE THIRD READING

STR Bill Id:SB 912

Author:(Beall)

As Amended Ver:August 24, 2020

2/3 vote. Urgency

SUMMARY:

Permits the juvenile court to retain jurisdiction over any ward or dependent child who is eligible to receive support as a nonminor dependent (NMD), and requires, for any emergency declared by the Governor on or after January 1, 2021, an NMD who turns 21 years of age while the state of emergency is in effect to continue to receive support as an NMD for 6 months from the date of the declaration, as specified.

Major Provisions

1. Permits the juvenile court to retain jurisdiction over any ward or dependent child who is eligible to receive support as an NMD pursuant to certain provisions of this bill, as specified.
2. Deems as eligible to continue receiving support as an NMD until June 30, 2021, an NMD who turned 21 years of age from March 4, 2020, to June 30, 2021, and, further, deems as eligible to reenter foster care pursuant to current law NMDs who meet the eligibility criteria enumerated in current law.
3. Requires, for any statewide state of emergency declared by the Governor on or after January 1, 2021, an NMD who turns 21 years of age while the state of emergency is in effect to continue receiving support as an NMD for 6 months from the date of the declaration, as specified, and, further, permits the Governor to extend this support beyond the initial 6 months, if certain conditions are met, as specified.
4. Requires, for any state of emergency declared by the Governor on a county-by-county basis on or after January 1, 2021, and if the Statewide Automated Welfare System (SAWS) can perform the necessary automation to implement this requirement, an NMD who turns 21 years of age while the state of emergency is in effect to continue receiving support as an NMD for 6 months from the date of the declaration, and, further, permits the Governor to extend this support beyond the initial 6 months if certain conditions are met, as specified.
5. Requires, for any state of emergency declared by the Governor on or after January 1, 2021, an NMD who is unable to meet one of the conditions for extended foster care (EFC) participation, as enumerated in current law, while the declared state of emergency is in effect to continue receiving support for 6 months from the date of the declaration, as specified, and, further, permits the Governor to require counties to provide additional support to NMDs who are unable to meet one of the conditions for EFC participation, as specified.
6. Declares the provisions of this bill an urgency statute and mandates that the provisions of this bill go into effect immediately in order to provide stability and financial support to NMDs who may be adversely affected by a state of emergency proclaimed by the Governor, including the state of emergency proclaimed by the Governor relating to the novel coronavirus (COVID-19) pandemic.

COMMENTS:

Need for this bill: In response to the unique needs of older foster youth amidst the ongoing COVID-19 pandemic, AB 89 (Ting), Chapter 7, Statutes of 2020, known as the Budget Act of 2020, allocated $32 million to:

"…fund the assistance costs associated with continuing an extended foster care benefit assistance payment for any NMD who met eligibility requirements for the Extended Foster Care program, has lost their employment or has experienced a disruption in their education program resulting from COVID-19, and cannot otherwise meet any of the participation requirements…and extend foster care eligibility for NMDs who turn 21 years of age while in extended foster care on or after April 17, 2020, through June 30, 2021, beyond the maximum age limits [enumerated in current law] and accompanying rules or regulations."

The provisions of this bill seek to build upon the work accomplished through the Budget Act by extending juvenile court jurisdiction over those youth over the age of 21 who have been deemed eligible for extended foster care benefits. This bill would also expand the population of NMDs who are eligible to continue receiving support as an NMD to include youth who turned 21 years of age after March 4, 2020, rather than after April 17, 2020. Finally, this bill would require, for certain emergencies declared by the Governor on or after January 1, 2021, youth who turn 21 years of age during the emergency to continue to receive support as an NMD for 6 months from the date of the declaration, and would also require extended foster care benefits to be provided to NMDs who are unable to meet certain participation criteria during a declared state of emergency.

Please see the policy committee analysis for full discussion of this bill.

According to the Author:

"COVID-19 has created an unprecedented crisis around the world. California's shelter in place order has disrupted daily life, halted the economy, and negatively impacted critical services provided by the state. As many industries struggle to cope with the new normal, foster youth are hit especially hard. Many foster youth are in need of emergency policy changes in order to maintain stable placements, safe housing, and their academic goals."

Arguments in Support:

The John Burton Advocates for Youth writes "[This bill] will put in place emergency protocols for foster youth and NMDs during future declared states of emergencies…Without [this bill], foster youth will be left with little to no support in a time where support is needed most."

Arguments in Opposition:

None on file

FISCAL COMMENTS:

According to the Assembly Appropriations Committee on August 20, 2020:

1. The California Department of Social Services (CDSS) estimates a cost of $5.1 million (General Fund) in fiscal year (FY) 2020-21 for the temporary extension of EFC eligibility to youth who reached 21 years of age between March 4, 2020, and April 17, 2020. ($4.2 million for assistance and $895,000 for administration).
2. Potential future costs of an unknown, but potentially similar magnitude, if the Governor declares a state of emergency on or after January 1, 2021, to provide continued support for 6 months from the date of the declaration to NMDs who turn 21 years of age or are unable to meet one of the conditions for EFC participation during the emergency, as provided.

VOTES:

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, Melendez, Mitchell, Monning, Moorlach, Morrell, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Umberg, Wieckowski, Wiener, Wilk

ASM HUMAN SERVICES: 6-0-2

YES: Reyes, Mathis, Arambula, Friedman, Gipson, Mark Stone

ABS, ABST OR NV: Choi, Maienschein

ASM APPROPRIATIONS: 18-0-0

YES: Gonzalez, Bigelow, Bauer-Kahan, Bloom, Bonta, Calderon, Carrillo, Chau, Megan Dahle, Diep, Eggman, Fong, Gabriel, Eduardo Garcia, Petrie-Norris, Quirk, Robert Rivas, Voepel

UPDATED:

VERSION: August 24, 2020

CONSULTANT: Kelsy Castillo / HUM. S. / (916) 319-2089 FN: 0003248

Date of Hearing: August 11, 2020

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

SBPCA Bill Id:SB 912

Author:(Beall) – As Amended Ver:July 27, 2020

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

SUMMARY:

This bill puts emergency protocols in place for foster youth who turn 18 and non-minor dependents (NMDs) who turn 21 during declared states of emergencies. Specifically, this bill:

1. Allows the juvenile court to retain jurisdiction over any ward or dependent child who is eligible to receive support as an NMD under the provisions of this bill.
2. Requires, during the 2020-21 fiscal year, a dependent or ward of the court who turns 18 years of age on or after March 4, 2020, to be treated as though they attained 18 years of age while under an order for foster care placement by the juvenile court if certain conditions are met.
3. Deems as eligible to continue receiving support as an NMD until June 30, 2021, an NMD who turned 21 years of age from March 4, 2020, to June 30, 2021.
4. Requires, for any emergency declared by the Governor on or after January 1, 2021, an NMD who turns 21 years of age or is unable to meet one of the conditions for extended foster care (EFC) participation while the state of emergency is in effect, to continue to receive support as an NMD for 12 months from the date of the declaration. Permits the Governor to extend this support for an additional amount of time as necessary.
5. Requires similar provisions to “4” above for any state of emergency declared by the Governor on a county-by-county basis on or after January 1, 2021, provided the Statewide Automated Welfare System (SAWS) can perform the necessary automation to implement this requirement.

FISCAL EFFECT:

1. The California Department of Social Services (CDSS) estimates a cost of $23.4 million (GF) in fiscal year (FY) 2020-21 to temporarily extend foster care eligibility for youth who no longer meet age criteria. This includes:
2. General Fund costs of $5.1 million in FY 2020-21, for the temporary extension of EFC eligibility for youth who reached 21 years of age between March 4, 2020, and April 17, 2020. ($4.2 million for assistance and $895,000 for administration.)
3. General Fund costs of $18.3 million in FY 2020-21, for granting EFC eligibility to youth who reach the age of 18 while under an order for detention but prior to a jurisdictional hearing. ($15.1 million for assistance and $3.2 million for administration.)
4. These costs could continue beyond FY 2020-21 if the Governor elects to further extend the EFC eligibility provisions provided in FY 2020-21.
5. Potential future costs of an unknown, but potentially similar magnitude, if the Governor declares a state of emergency on or after January 1, 2021, to provide continued support for 12 months from the date of the declaration to NMDs who turn 21 years of age or are unable to meet one of the conditions for EFC participation during the emergency, as provided.

COMMENTS:

1. Purpose. This bill seeks to further assist older foster youth who are aging out of the system during the COVID-19 pandemic, in part, by building on the work accomplished through the Budget Act of 2020. This includes (a) extending juvenile court jurisdiction over youth over the age of 21 who have been deemed eligible for EFC benefits, and (b) reinstating EFC eligibility for any NMD who turned 21 years of age in EFC between March 4, 2020 and April 17, 2020, in order to extend benefits to foster youth who were terminated from care before the Governor’s executive order regarding foster youth programs took effect.

This bill also seeks to assist foster youth who turned 18 years of age while waiting to enter EFC, but whose court hearings, required to occur before they turned 18, were delayed. The bill does this by requiring youth who turned 18 years of age on or after March 4, 2020 while eligible to enter EFC, to be automatically extended these benefits if certain conditions are met, including if their court hearings are delayed due to court closures or delays resulting from the COVID-19 pandemic.

Finally, this bill seeks to automatically extend foster care services to NMDs during a future state of emergency by requiring, for certain emergencies declared by the Governor on or after January 1, 2021, youth who turn 21 years of age during the emergency to continue to receive support as an NMD for 12 months from the date of the declaration, among other provisions.

1. Extended Foster Care. AB 12 (Beall), Chapter 559, Statutes of 2010, extended foster care benefits for certain eligible youth until the age of 21. Prior to the adoption of AB 12, known as the Fostering Connections to Success Act, youth “aged out” of the CWS system at 18 years old and were required to navigate the challenges of young adulthood without the support of the CWS system. In recognition of these difficulties, AB 12 provided eligible youth between the ages of 18 and 21, known as NMDs, with the services and supports they need to experience independent living in supervised living environments. Extended foster care also enables youth to obtain educational and employment training to better prepare them to transition to adulthood and self-sufficiency.

At the six-month hearing prior to a youth attaining 18 years of age, the youth’s social worker or probation officer must have a plan to ensure the youth will meet at least one of the required criteria for participation in extended foster care, such as being enrolled in school or employed. NMDs must also sign an agreement to remain in foster care within six months of turning 18, reside in an eligible placement, and agree to work with their social worker to meet the goals of their transitional living plan.

1. Executive Order and Budget Funding. On April 17, 2020, the Governor issued an executive order allowing for temporary waivers to certain foster youth programs to ensure continuity of care for youth in response to the COVID-19 pandemic. This executive order provided a temporary extension for all NMDs currently in extended foster care who turn 21 on or after April 17, 2020, through June 30, 2020.

In addition, AB 89 (Ting), Chapter 7, Statutes of 2020, known as the Budget Act of 2020, allocated $32 million to extend foster care eligibility for NMDs who turn 21 years of age while in extended foster care on or after April 17, 2020, through June 30, 2021, and to fund the costs to continue EFC benefit assistance payments for any NMD who met eligibility requirements, lost their employment or experienced a disruption in their education program resulting from COVID-19, and cannot otherwise meet any of the participation requirements.

1. Prior Legislation. AB 748 (Gipson), Chapter 682, Statutes of 2019, allowed a youth who is subject to an order for foster care before their 18^th birthday, but not yet adjudged a ward of the juvenile court before their 18th birthday, to be eligible for EFC benefits by requiring the court to hold a dispositional proceeding for the youth, if certain criteria are met.

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

Date of Hearing: August 3, 2020

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Eloise Gómez Reyes, Chair

SBPCA Bill Id:SB 912

Author:(Beall) – As Amended Ver:July 27, 2020

SENATE VOTE: 40-0

SUBJECT: California Fostering Connections to Success Act

SUMMARY: Permits the juvenile court to retain jurisdiction over any ward or dependent child who is eligible to receive support as a nonminor dependent (NMD); requires certain youth who turn 18 years of age on or after March 4, 2020, to be treated as though the nonminor attained 18 years of age while under an order for foster care placement by the juvenile court if certain conditions are met; deems as eligible to continue receiving support as an NMD an NMD who turned 21 years of age from March 4, 2020, to June 30, 2021; and, requires, for any emergency declared by the Governor on or after January 1, 2021, an NMD who turns 21 years of age while the state of emergency is in effect to continue to receive support as an NMD for 12 months from the date of the declaration. Specifically, this bill:

1. Permits the juvenile court to retain jurisdiction over any ward or dependent child who is eligible to receive support as an NMD pursuant to certain provisions of this bill, as specified.
2. Requires, during the 2020-21 fiscal year, for purposes of the definition of “nonminor dependent,” a dependent of the court who turned 18 years of age on or after March 4, 2020, to be treated as though the nonminor attained 18 years of age while under an order for foster care placement by the juvenile court if all of the following conditions apply:
   1. The youth was subject to a detention order, as defined in current law, on the youth’s 18th birthday;
   2. The youth has been continuously detained and under the placement and care of the county child welfare department, as defined by current law; and,
   3. A jurisdictional hearing, as defined in current law, was not held prior to the youth turning 18 years of age due to court closures or delays as a result of the COVID-19 pandemic, as specified.
3. Requires, during the 2020-21 fiscal year, for purposes of the definition of “nonminor dependent,” a ward of the court who turned 18 years of age on or after March 4, 2020, to be treated as though the nonminor attained 18 years of age while under an order of foster care placement by the juvenile court if all of the following conditions apply:
   1. The youth was subject to a detention order, as defined by current law, on the youth’s 18th birthday;
   2. The youth was continuously detained and under the placement and care of the county juvenile probation department, as defined by current law, until the court’s disposition which occurred after the youth’s 18th birthday;
   3. The disposition of the court resulted in the youth being placed under the supervision of the probation officer, as described in current law; and,
   4. The disposition hearing, as defined in current law, was not held prior to the youth turning 18 years of age due to court closures or delays as a result of the COVID-19 pandemic, as specified.
4. Deems as eligible to continue receiving support as an NMD until June 30, 2021, an NMD who turned 21 years of age from March 4, 2020, to June 30, 2021, and, further, deems as eligible to reenter foster care pursuant to current law NMDs who meet the eligibility criteria enumerated in current law.
5. Requires, for any statewide state of emergency declared by the Governor on or after January 1, 2021, an NMD who turns 21 years of age while the state of emergency is in effect to continue receiving support as an NMD for 12 months from the date of the declaration, as specified.
6. Permits the Governor, if the statewide state of emergency poses continued risks to NMDs on a statewide basis after the initial 12 month extension, as required by the provisions of this bill, to extend the support provided pursuant to the provisions of this bill, as specified, for an additional amount of time that is necessary to safely transition the NMDs out of care.
7. Requires, for any state of emergency declared by the Governor on a county-by-county basis on or after January 1, 2021, and if the Statewide Automated Welfare System (SAWS) can perform the necessary automation to implement this requirement, an NMD who turns 21 years of age while the state of emergency is in effect to continue receiving support as an NMD for 12 months from the date of the declaration, as specified.
8. Permits the Governor, if the state of emergency poses continued risks to NMDs on a county-by-county basis after the initial 12 month extension, as required by the provisions of this bill, and if the SAWS can perform the necessary automation to implement this requirement, to extend the support provided by the provisions of this bill, as specified, to those counties continuing to experience the state of emergency for an additional amount of time that is necessary to safely transition the NMDs out of care.
9. Requires, for any state of emergency declared by the Governor on or after January 1, 2021, an NMD who is unable to meet one of the conditions for extended foster care (EFC) participation, as enumerated in current law, while the declared state of emergency is in effect to continue receiving support for 12 months from the date of the declaration, as specified.
10. Permits the Governor, if the state of emergency poses continued risks to NMDs after the initial 12 month extension, as required by the provisions of this bill, to require counties to provide support to NMDs who are unable to meet one of the conditions for EFC participation, as enumerated in current law, for an additional amount of time that is necessary to safely transition the NMDs out of care.
11. Specifies that no appropriation pursuant to current law, as specified, is to be made for the purposes of implementing the provisions of this bill.
12. Declares the provisions of this bill an urgency statute and mandates that the provisions of this bill go into effect immediately in order to provide stability and financial support to NMDs who may be adversely affected by a state of emergency proclaimed by the Governor, including the state of emergency proclaimed by the Governor relating to the novel coronavirus (COVID-19) pandemic.
13. Makes technical changes.

EXISTING LAW:

1. Establishes a state and local system of child welfare services, including foster care, for children who have been adjudged by the court to be at risk or have been abused or neglected, as specified. (Welfare and Institutions Code Section [WIC] 202)
2. States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being physically, sexually, 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. Provides for extended foster care funding for youth until age 21, as well as adopts other changes to conform to the federal Fostering Connections to Success Act. (WIC 241.1, 303, 366.3, 388, 391, 450, 11400, 11402, 11403)
4. Requires a county to file a petition to the court requesting a detention hearing within 48 hours of placing a child under temporary custody to determine whether a child should remain in custody and whether any specific court permissions are necessary to provide for the health and safety of the child. (WIC 313 and 319)
5. Requires a "detention hearing" to be held within 24 hours of the next court day whenever a detention petition is filed with the court. (WIC 315)
6. Requires a juvenile court to hold a “jurisdictional hearing” within 15 judicial days of the petition filed to take the child into temporary custody to determine whether the court has jurisdiction to adjudicate the child. (WIC 334)
7. Requires a juvenile court to hold a “dispositional hearing” within 60 days of the detention hearing to determine the appropriate placement for the youth if he or she is adjudicated to be a dependent of the court. (WIC 352(b))
8. Permits the juvenile court to make an order that a youth be detained in the juvenile hall or other suitable place designated by the court for a period not to exceed 15 judicial days if it appears that the minor has violated an order of the juvenile court or has escaped from a commitment of the juvenile court, or that it is a matter of immediate and urgent necessity for the protection of the minor or reasonable necessary for the protection of the person or property of another that the youth be detained, or the minor is likely to flee to avoid the jurisdiction of the court. (WIC 636)
9. Permits the juvenile court, if a minor or nonminor is adjudged a ward of the court on the ground that the minor or nonminor meets certain criteria, as specified, to make any reasonable orders for the care, supervision, custody, conduct, maintenance, and support of the minor or nonminor, including medical treatment, subject to further order of the court. (WIC 727)
10. Defines “nonminor dependent” as a current or former foster youth who is between 18 and 21 years old, in foster care under the responsibility of the county welfare department, county probation department, or Indian Tribe, and participating in a transitional independent living plan, as specified. (WIC 11400(v))

FISCAL EFFECT: According to the Senate Appropriations Committee on June 18, 2020, this bill may result in the following costs: $56.8 million ($49.8 million General Fund [GF]) to temporarily expand EFC eligibility for the 2020-21 fiscal year (FY), and potentially in costs for FY 2022-23 should current flexibilities be extended beyond June 30, 2020. Specifically:

1. $31 million GF to extend EFC eligibility for those that no longer meet the age criteria ($29 million GF to local assistance, $2 million GF administrative costs); and,
2. $25.3 million ($18.3 million GF) to grant EFC eligibility to youth that reach the age of 18 while under an order for detention but prior to a jurisdictional hearing. This reflects $20.9 million ($15.1 million GF) in local assistance, and $4.4 million ($3.2 million GF) for administrative costs.

COMMENTS:

Child Welfare Services: California’s Child Welfare Services (CWS) system exists to protect children from abuse and neglect, and in doing so, to provide for their health, safety, and overall well-being. When suspicions of abuse or neglect arise, often as a result of a report by a mandated reporter like a doctor or teacher, Child Protective Services is tasked with investigating the report. If the allegation of abuse or neglect is substantiated, it is then determined whether it is in the best interest of the child to remain in their parent’s custody or be placed within the CWS system. If a child is suspected to be at risk of neglect, abuse, or abandonment, the juvenile court holds legal jurisdiction, and the CWS system appoints a social worker to ensure that the needs of the youth are met.

Dependency court procedures: Children removed from their parents’ custody are temporarily placed within the jurisdiction of the child welfare system pending a decision regarding their health and safety. A social worker is required, within 48 hours of taking the child into temporary custody, to file a petition with the court requesting that a detention hearing be conducted in order to decide whether further detention of the child is warranted. If the social worker petitions for the child to be declared a dependent of the court, current law requires the detention hearing be held within 48 hours of the petition being filed. Social workers are required to outline at the detention hearing the allegations of abuse or neglect made against the child’s parents, as well as the rationale for removing the child from their parents’ custody. If the court determines that the child’s best interests are served by removing them from their parents’ custody, the child is removed and permanent placement of the child is determined at a later date.

Within 15 days of a child’s removal from their parents’ custody, a jurisdictional hearing must occur in order to determine whether the allegations outlined in the social worker’s petitions are true. If the allegations are deemed to be true, then the child is determined to be within the jurisdiction of the juvenile court, thereby prompting a dispositional hearing within 60 days of the initial detention hearing. At the dispositional hearing, the court determines the parameters of the family reunification plan and makes a determination as to where and with whom the child will reside. Whenever possible, and pursuant to current law, youth are placed with relatives or non- relative extended family members in order to preserve familial ties, though foster family homes and group care settings are also utilized when necessary. As of April 1, 2020, there were 59,585 youth between the ages of 0 and 21 placed in California’s CWS system.

Extended Foster Care: In 2010, Governor Schwarzenegger signed AB 12 (Beall), Chapter 559, Statutes of 2010, which extended foster care benefits for certain eligible youth until the age of 21. Prior to the adoption of AB 12, known as the Fostering Connections to Success Act, youth “aged out” of the CWS system at 18 years old and were required to navigate the challenges of young adulthood, including obtaining education, stable housing, and employment, without the support of the CWS system. In recognition of these difficulties, AB 12 provided eligible youth between the ages of 18 and 21, known as NMDs, with the services and supports they need to experience independent living in supervised living environments. Extended foster care also enables youth to obtain educational and employment training to better prepare them to transition to adulthood and self-sufficiency.

At the six month hearing prior to a youth attaining 18 years of age, the youth’s social worker or probation officer must have a plan to ensure that the youth will meet at least one of the following criteria for participation in extended foster care:

1. Be enrolled in a high school or equivalent program;
2. Be enrolled in a college, community college, or vocational program;
3. Be employed at least 80 hours a month;
4. Participate in a program or activity designed to remove barriers to employment; or,
5. Be unable to do one of the above requirements due to a medical condition.

NMDs must also sign an agreement to remain in foster care within six months of turning 18, reside in an eligible placement, and agree to work with their social worker to meet the goals of their transitional living plan.

Need for this bill: On March 4, 2020, Governor Newsom declared a statewide state of emergency in response to the global COVID-19 outbreak. The nationwide effects of COVID-19 on the public health, as well as the economy, have been drastic. In addition to the tragic loss of life, the United States has experienced record high unemployment, as well as the food and housing insecurity associated with reduced employment opportunities. Individuals from all walks of life have been affected by the impacts of COVID-19, including young people participating in extended foster care, who must meet certain age, work, and educational requirements in order to remain eligible for benefits.

In response to the unique needs of older foster youth amidst the ongoing COVID-19 pandemic, AB 89 (Ting), Chapter 7, Statutes of 2020, known as the Budget Act of 2020, allocated $32 million to:

“…fund the assistance costs associated with continuing an extended foster care benefit assistance payment for any NMD who met eligibility requirements for the Extended Foster Care program, has lost their employment or has experienced a disruption in their education program resulting from COVID-19, and cannot otherwise meet any of the participation requirements…and extend foster care eligibility for NMDs who turn 21 years of age while in extended foster care on or after April 17, 2020, through June 30, 2021, beyond the maximum age limits [enumerated in current law] and accompanying rules or regulations.”

The provisions of this bill seek to build upon the work accomplished through the Budget Act by extending juvenile court jurisdiction over those youth over the age of 21 who have been deemed eligible for extended foster care benefits. This bill would also expand the population of NMDs who are eligible to continue receiving support as an NMD to include youth who turned 21 years of age after March 4, 2020, rather than after April 17, 2020. The provisions of this bill would also require youth who turned 18 years of age on or after March 4, 2020, while under an order of foster care placement by the juvenile court, to be treated as an NMD if certain conditions are met, including if certain court hearings are delayed due to court closures or delays resulting from the COVID-19 pandemic. Finally, this bill would require, for certain emergencies declared by the Governor on or after January 1, 2021, youth who turn 21 years of age during the emergency to continue to receive support as an NMD for 12 months from the date of the declaration, and would also require extended foster care benefits to be provided to NMDs who are unable to meet certain participation criteria during a declared state of emergency.

According to the author, “COVID-19 has created an unprecedented crisis around the world. California’s shelter in place order has disrupted daily life, halted the economy, and negatively impacted critical services provided by the state. As many industries struggle to cope with the new normal, foster youth are hit especially hard. Many foster youth are in need of emergency policy changes in order to maintain stable placements, safe housing, and their academic goals.”

PRIOR AND RELATED LEGISLATION:

AB 89 (Ting), Chapter 7, Statutes of 2020, known as the Budget Act of 2020, appropriated funds to extend foster care eligibility for NMDs who turn 21 years of age while in extended foster care on or after April 17, 2020, through June 30, 2021.

AB 819 (Stone), Chapter 777, Statutes of 2019, adopted changes to further implement Continuum of Care Reform (CCR) efforts.

AB 748 (Gipson), Chapter 682, Statutes of 2019, allowed youth who are subject to an order for foster care before they reached 18 years of age, but not yet adjudged wards of the juvenile court before their 18th birthday, to be eligible for extended foster care benefits by requiring the court to hold a dispositional proceeding for a youth who is 18 years of age in order to be eligible for extended foster care benefits, if certain criteria is met.

AB 2337 (Gipson), Chapter 539, Statutes of 2018, expanded the circumstances under which NMDs under the age of 21 who were previously a dependent or delinquent of the juvenile court may petition to assume dependency jurisdiction to include youth who would have otherwise been eligible but for receiving Supplemental Security Income benefits in lieu or foster care payments.

AB 604 (Gipson), Chapter 707, Statutes of 2017, required the court to assume transition jurisdiction over a youth who was arrested for or convicted of any nonviolent offense committed while they were a victim of human trafficking regardless of a court order vacating the underlying adjudication, as specified.

AB 1930 (Stone), Chapter 910, Statutes of 2018; AB 404 (Stone), Chapter 732, Statutes of 2017; and, AB 1997 (Stone), Chapter 612, Statutes of 2016, furthered CCR efforts adopted by AB 403.

AB 403 (Stone), Chapter 773, Statutes of 2015, implemented CCR recommendations to better serve children and youth in California’s child welfare services system, including eliminating group homes and emphasizing family-based care.

AB 12 (Beall), Chapter 559, Statutes of 2010, created the California Fostering Connections to Success Act and conformed state law to federal requirements to revise and expand programs and funding for certain foster and adopted children.

REGISTERED SUPPORT / OPPOSITION:

Support

Beyond Emancipation

California Judges Association

California Youth Connection (CYC)

Center for Juvenile Law and Policy, Loyola Law School

John Burton Advocates for Youth

Legal Services for Children

National Association of Social Workers, California Chapter

Public Counsel

Voices Youth Centers

Opposition

None on file

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

 THIRD READING  

Bill No: SB 912

Author: Beall (D)

Amended: 6/18/20

Vote: 27 - Urgency

SENATE HUMAN SERVICES COMMITTEE: 7-0, 5/19/20

AYES: Hurtado, Jones, Beall, Jackson, Melendez, Pan, Wiener

SENATE APPROPRIATIONS COMMITTEE: 7-0, 6/18/20

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

SUBJECT: California Fostering Connections to Success Act

SOURCE: Children’s Law Center of California

Journey House

Youth Law Center

DIGEST:

This bill specifies the treatment of nonminor dependents (NMDs) who turn 21 during a declared state of emergency and provides for extended foster care (EFC) eligibility for youth who turn 18 while under a temporary dependency order during the declared state of emergency and for 90 days thereafter, among other provision.

ANALYSIS:

Existing law:

1. Establishes a state and local system of child welfare services (CWS), including foster care, for children who have been adjudged by the court to be at risk of abuse and neglect or to have been abused or neglected, as specified. (WIC 202)
2. Establishes a system of juvenile dependency for children for specified reasons, and designates that a child who meets certain criteria is within the jurisdiction of the juvenile court and may be adjudged as a dependent child of the court, as specified. (WIC 300 et seq.)
3. Defines “nonminor dependent” as a current or former foster youth who is a current dependent child or ward of the juvenile court, or who is a nonminor under transition jurisdiction of the juvenile court, who is between 18 and 21 years old. (WIC 11400(v))
4. Authorizes the juvenile court to resume jurisdiction over a nonminor who has attained 18 years of age, but not yet attained 21 years of age, and for whom the court has dismissed dependency, delinquency, or transition jurisdiction. (WIC 303(c))
5. Requires a NMD to meet one or more participation requirements to remain under a foster care order by the juvenile court, as provided. (WIC 11403(b))
6. Provides that for youth exiting from care, at 18 or 21 years of age, a case worker shall provide the youth or NMD with assistance and support in developing the written 90-day transition exit plan, as provided. (WIC 16501.1(g)(16))
7. Authorizes, pursuant to Executive Order No. N-53-20, temporary waivers of certain foster youth program requirement in order to ensure continuity of care in response to the COVID-19 pandemic.

This bill:

1. Provides that a NMD who turned 21 years of age from March 4, 2020, to April 18, 2020, inclusive, or who turns 21 years of age during the 2020-21 fiscal year, or who receives funding after turning 21 years of age pursuant to Executive Order No. N-53-20 is eligible to continue receiving support as a NMD effective March 2, 2020, to June 30, 2021, inclusive.
2. Provides that if the state of emergency and economic recession related to COVID-19 pose continued risk to NMDs on a statewide or county-by-county basis after June 30, 2021, the Governor may extend the support provided pursuant to this bill to those counties continuing to experience the state of emergency and economic recession for an additional amount of time that is necessary to safely transition the NMD out of care, and any extension of support shall be effective July 1, 2021. Provides that the implementation of the county-by-county provision is conditioned on the Statewide Automated Welfare System ability to perform the necessary automation.
3. Requires an NMD who is unable to meet specified participation requirements during Fiscal Year (FY) 2020-21 to continue to receive support as an NMD through June 30, 2021. As well as, permits the Governor, if the state of emergency and economic recession related to COVID-10 pose continued risks to NMDs after June 30, 2021, to require counties to provide support to NMDs who are unable to meet specified participation conditions for an additional amount of time that is necessary to safely transition the NMD out of care. Any extension shall be effective July 1, 2021.
4. Requires EFC for 12 months from the date of the state of emergency declaration for a NMD who turns 21 years of age while the state of emergency is in effect, for any statewide state of emergency declared by the Governor on or after July 1, 2020. Further provides for the Governor to continue EFC beyond 12 months for impacted NMDs if the statewide state of emergency poses continued risks for NMDs on a statewide or county-by-county basis, as provided.
5. Requires an NMD who is unable to meet specified participation requirements while a state of emergency is in effect for any statewide state of emergency declared by the Governor on or after July 1, 2020, to continue to receive support as an NMD for 12 months from the date of the state of emergency declaration. As well as, permits the Governor, if the state of emergency and economic recession related to COVID-10 pose continued risks to NMDs beyond 12 months, to require counties to provide support to NMDs who are unable to meet specified participation conditions for an additional amount of time if the statewide state of emergency poses continued risks for NMDs on a statewide or county-by-county basis, as provided.
6. Requires, for FY 2020-21, a NMD to be considered a person who turned 18 years old, on or after March 4, 2020, while subject to a detainment order.
7. States legislative intent that the California Department of Social Services (CDSS) work with counties and other stakeholders to issue guidance to facilitate continuous eligibility for NMDs who may have become unemployed or faced barriers to employment due to the COVID-19 pandemic and subsequent economic recession.
8. Requires CDSS to exercise federal flexibilities for participation requirements to the greatest extent possible.
9. Prohibits a specific continuous appropriation form the General Fund for the purposes of this bill’s implementation.
10. Provides, to the extent this bill’s provisions have an overall effect on increase Proposition 30/2011 Realignment costs, the state must provide annual funding for the cost increase.
11. Includes an urgency clause, meaning these changes would take effect immediately.

Comments

According to the author, “COVID-19 has created an unprecedented crisis around the world. California’s shelter in place order has disrupted daily life, halted the economy, and negatively impacted critical services provided by the state. As many industries struggle to cope with the new normal, foster youth are hit especially hard. Many foster youth are in need of emergency policy changes in order to maintain stable placements, safe housing, and their academic goals during a state of emergency.”

Child Welfare Services. California’s CWS system is an essential component of the state’s safety net. This system seeks to ensure the safety and protection of children, and where possible, preserve and strengthen families that are involved with the CWS system through visitation and family reunification. The CWS system provides multiple opportunities for the custody of a foster 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 January 1, 2020, there were 59,156 children in California’s CWS system.

Extended Foster Care. The intent of EFC is to bridge the gap between the intensive supervision of foster care and unsupervised adulthood by maintaining a safety net of support while providing the youth independence and additional educational or work opportunities.

The federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (P.L. 110-351) enabled states to expand the definition of a foster “child,” by creating extended care for youth up to age 21. The federal law allows foster youth to remain in care past age 18 if they meet one of the following participation criteria: are enrolled in high school or a high school equivalency credential; enrolled in college, community college, or vocational education; employed for at least 80 hours a month; participating in other qualifying activities or programs designed to remove barriers to employment; or medically exempt from meeting any of the other participation criteria.

In 2010, California enacted AB 12 (Beall, Chapter 559, Statutes of 2010), which permits foster youth to remain in EFC until age 21, under the same criteria as the federal statute. At the six month hearing prior to a youth turning 18 years old, the youth’s social worker or probation officer must submit a transitional living plan to ensure that the youth will meet at least one participation criteria, listed above, if the youth plans to participate in EFC. Additionally, existing law allows qualifying nonminors who are former foster youth under the age of 21 to petition the court for re-entry into foster care to participate in EFC, as provided.

Youth participation in the program has exceeded expectation. Between July 2010 and July 2014, the number of youth age 18-20 in EFC in California increased 211 percent, from 2,908 to 9,032, according to data compiled by UC Berkeley. As of January 1, 2020, there were an estimated 7,396 youth participating in EFC in California.

COVID-19 Flexibilities for Extended Foster Care. On April 17, 2020, Governor Newsom signed an executive order that allows for temporary waivers to certain foster youth programs to ensure continuity of care for youth in response to the COVID-19 pandemic. Specifically, this executive order suspended the following requirements related to EFC:

• Physical, in-person, face-to-face application, meetings, visits and signature requirements for youth entering or reentering EFC; and
• The maximum age criteria for nonminor dependents who turn 21 on or after the date of the Executive Order.

This executive order provided a temporary extension for all NMDs currently in EFC who turn 21 on or after April 17, 2020 through June 30, 2020. Additionally, per All County Letter (ALC) no. 20-45, counties are advised to demonstrate flexibility when working with an NMD who have experienced disruptions in meeting EFC program eligibility criteria. ACL no. 20-45 states that all NMDs who have met the eligibility requirements for EFC and have lost their employment or have experienced a disruption in their education program may continue to remain eligible for EFC. Those youth who remain enrolled in their school or are participating in their school’s distance learning opportunities continue to remain eligible through meeting the educational criteria. Additionally, this ACL reminds counties that NMDs who cannot meet the EFC participation criteria through employment or education due to COVID-19 continue to be eligible for EFC when they participate in programs or activities designed to promote, or reduce barriers to, employment or when a medical condition renders them incapable of participating in any eligible activity. These flexibilities are necessary due to the COVID-19 pandemic and the resulting statewide stay at home order for non-essential workers and social distancing measures when conducting essential business.

California’s foster youth were not immune to the disruption to daily life caused by the COVID-19 pandemic and resulting stay at home order, but rather more vulnerable to its impact. As a result of the COVID-19 pandemic and associated stay at home order, many NMDs lost their employment, faced school closures, and were possibly transitioned to remote learning, sometimes without access to the needed technology or internet services. Additionally, since most NMD’s housing is tied to their participation in, those youth who aged out of EFC during the pandemic were likely to lose their housing and financial support at a time when all Californian’s are being impacted by the economic impacts of the pandemic.

This bill proposes to codify the authority for NMDs who turn 21 during a declared state of emergency to remain in for a set period of time, as provided. These proposed changes would apply to those NMDs impacted by the COVID-19 pandemic as well as future states of emergency.

COVID-19 Impact on California’s Juvenile Courts. On March 23, 2020, Chief Justice Tani G. Cantil-Sakaye issued a statewide order suspending all jury trials in California’s superior courts for 60 days and allowing courts to immediately adopt new rules to address the impact of the COVID-19 pandemic. This order allowed superior courts to adopt any proposed rules or rule amendment intended to address the impact of the COVID-19 pandemic to take effect immediately. Additionally, on April 6, 2020, the Judicial Council adopted 11 temporary emergency rules in response to COVID-19’s impact on the courts, including two rules relating to juvenile courts.

Emergency rule 6 relates applies to all juvenile dependency proceedings filed or pending until the state of emergency related to the COVID-19 pandemic is lifted. The rule allows for court proceedings to occur via remote technology, as provided, and requires electronic receipt of court reports, except for a parent or child who do not have access to the technology necessary to receive the report in this way. The rule provides that if a court hearing cannot occur either in the courthouse or remotely, the hearing may be continued up to 60 days, with certain time restraints provided for specific hearing types.

This emergency rule is set to remain in effect until 90 days after the Governor declares that the state of emergency related to the COVID-19 pandemic is lifted or until amended or repealed by the Judicial Council.

Though Emergency rule 6 has helped reduced some of the COVID-19 pandemic’s impact on dependency courts, advocates relay that many counties dependency courts are continuing to be drastically impacted by the reality of this pandemic. Antidotal evidence from minors’ and parents’ counsel organizations suggests that some dependency courts are able to hear, remotely or otherwise, very few dependency proceedings. Thus, in many instances courts are granting continuances, resulting in a backlog of dependency proceedings to be worked through when the state of emergency is lifted. Additionally, advocates suggest that since the rule was written to remain in effect until 90 days after the Governor declares that the state of emergency related to the COVID-19 pandemic is lifted, dependency courts are not likely to return to business as usual until that 90-day period has passed.

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

According to the Senate Appropriations Committee, $56.8 million ($49.8 million General Fund (GF)) to temporarily expand EFC eligibility for the 2020-21 fiscal year, and potentially in costs for FY 2022-23 should current flexibilities be extended beyond June 30, 2020. Specifically:

• $31 million GF to extend EFC eligibility for those that no longer meet the age criteria ($29 million GF local assistance, $2 million GF administrative costs).
• $25.3 million ($18.3 million GF) to grant EFC eligibility to youth that reach the age of 18 while under an order for detention but prior to a jurisdictional hearing. This reflects $20.9 million ($15.1 million GF) in local assistance and $4.4 million ($3.2 million GF) for administrative costs.

Any temporary waiver of existing EFC criteria would be funded with GF. Availability of federal funds is contingent on the submission and approval of an amendment to the state’s Title IV-E plan.

The cost associated with the temporary extension of EFC eligibility for youth that no longer meet the age criteria is based on the following assumptions:

• 250 NMDs age out of EFC eligibility per month, including the three months covered under the Executive Order and the one month within the emergency declaration period that preceded the Executive Order.
• The caseload distribution (71 percent SILF, 29 percent other EFC) is multiplied by the casemonths and the respective grants to get the total assistance cost.
• Social workers (at a rate of $99.46) will require three hours per case per month for administrative activities including manual tracking, court reports, contact, and case documentation.

For youth that reach the age of 18 while under an order for detention, the following caseload assumptions would apply:

• Approximately 1,233 youth will reach the age of 18 while under an order for detention based on the difference between actual point-in-time data.
• 55 percent of cases are federally eligible.
• The amount of Federal Financial Participation is based on the 50 percent administration rate for cases meeting federal eligibility criteria.

SUPPORT: (Verified 6/19/20)

Children's Law Center of California (co-source)

Journey House (co-source)

Youth Law Center (co-source)

California Youth Connection

Center for Juvenile Law and Policy, Loyola Law School

Children Now

National Association of Social Workers, California Chapter

National Center for Youth Law

Public Counsel

OPPOSITION: (Verified 6/19/20)

None received

Prepared by: Marisa Shea / HUMAN S. /

6/23/20 17:13:37

**** END ****

SENATE COMMITTEE ON

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

SB 912 (Beall) - California Fostering Connections to Success Act

Bill Summary:

Senate Bill 912 would, among other provisions, specify treatment of nonminor dependents who turn 21 during the declared state of emergency; would provide for extended foster care (EFC) eligibility for youth who are turn 18 while under a temporary dependency order during the declared state of emergency and for 90 days thereafter.

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

The following information is revised to reflect amendments

adopted by the committee on June 18, 2020

Fiscal Impact:

$56.8 million ($49.8 million General Fund) to temporarily expand EFC eligibility for the 2020-21 fiscal year, and potentially in costs for FY 2022-23 should current flexibilities be extended beyond June 30, 2020. Specifically:

• $31 million GF to extend EFC eligibility for those that no longer meet the age criteria ($29 million GF local assistance, $2 million GF administrative costs).
• $25.3 million ($18.3 million GF) to grant EFC eligibility to youth that reach the age of 18 while under an order for detention but prior to a jurisdictional hearing. This reflects $20.9 million ($15.1 million GF) in local assistance, and $4.4 million ($3.2 million GF) for administrative costs.

Any temporary waiver of existing EFC criteria would be funded with General Fund. Availability of federal funds is contingent on the submission and approval of an amendment to the state’s Title IV-E plan.

The cost associated with the temporary extension of EFC eligibility for youth that no longer meet the age criteria is based on the following assumptions:

• 250 non-minor dependents age out of EFC eligibility per month, including the three months covered under the Executive Order and the one month within the emergency declaration period that preceded the EO.
• The caseload distribution (71 percent SILP, 29 percent other EFC) is multiplied by the casemonths and the respective grants to get the total assistance cost.
• Social workers (at a rate of $99.46) will require three hours per case per month for administrative activities including manual tracking, court reports, contact, and case documentation.

For youth that reach the age of 18 while under an order for detention, the following caseload assumptions would apply:

• Approximately 1,233 youth will reach the age of 18 while under an order for detention based on the difference between actual point-in-time data.
• 55 percent of cases are federally eligible.
• The amount of Federal Financial Participation is based on the 50 percent administration rate for cases meeting federal eligibility criteria.

Author Amendments:

The author’s amendments would include the following to conform to the author’s trailer bill proposal, among other provisions:

• Extend foster care eligibility, from March 4, 2020 to June 30, 2021, inclusive, for a nonminor dependent who turned 21 years of age between March 4, 2020, and April 18, 2020, inclusive, or who turns 21 years of age during the FY 2020-21, or received funding after 21 years of age pursuant to the Executive Order N-53-20, and for a nonminor dependent who does not meet specific participation conditions.
• Require EFC for 12 months from the date of the state of emergency declaration for a nonminor dependent who turns 21 years of age, or for a nonminor dependent who is unable to meet certain participation conditions, while the state of emergency is in effect.
• Require, for FY 2020-21, a nonminor dependent to be considered a person who turned 18 years old, on or after March 4, 2020, while subject to a detainment order.
• State legislative intent that CDSS work with counties and stakeholders to issue guidance to facilitate continuous eligibility for nonminor dependents who may have become unemployed or faced barriers to employment due to COVID-19 pandemic and the subsequent economic recession.
• Require CDSS to exercise federal flexibilities for participation requirements to the greatest extent possible.
• Extend for 12 months from the date of declaration, for any state of emergency declared on or after July 1, 2020, a nonminor dependent who is unable to meet one of the participation conditions, to continue to receive support.
• Prohibit a specified continuous appropriation from the General Fund for purposes of the bill’s implementation.
• Provide, to the extent the bill’s provisions have an overall effect on increase Proposition 30/2011 Realignment costs, the state must provide annual funding for the cost increase.
• Add an urgency clause.

-- END --

SENATE COMMITTEE ON

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

SB 912 (Beall) - California Fostering Connections to Success Act

Bill Summary:

Senate Bill 912 would, among other provisions, specify treatment of nonminor dependents who turn 21 during the declared state of emergency; would provide for extended foster care eligibility for youth who are turn 18 while under a temporary dependency order during the declared state of emergency and for 90 days thereafter.

Fiscal Impact:

Staff notes costs will likely result in unknown, significant fiscal impact, (likely in the tens of millions) in Fiscal Year (FY) 2020-21 as a result of the temporary extended foster care (EFC) eligibility changes and some ongoing costs as a result of the permanent eligibility change allowing youth to assume dependency jurisdiction after reaching 18 years of age. The costs associated with the temporary extension of extended foster care (EFC) eligibility for youth that no longer meet the age criteria would be $9.3 million GF for FY 2020-21 (approximately $8.5 million GF in assistance costs and $856,000 GF in administrative costs). While caseload eligibility projects are difficult to ascertain, this figure is based on the assumption of a cost per 1,000 or per 100 cases per month. For more detail, please see Staff Comments.

Background:

1. California’s child welfare services (CWS) intervenes in circumstances of child abuse and neglect in California. Under 2011 Realignment, child welfare services were realigned to counties. When a referral is received, a county social worker obtains facts from the person making the referral, investigates, and resolve those reports. When a case is substantiated, a family is either provided with services to ensure a child’s well-being and avoid court involvement, or a child is removed and placed into foster care.

AB 12 (Beall), Chapter 559, Statutes of 2010, permits foster youth to remain in extended foster care until age 21, under the same criteria as federal statute. At the six month hearing prior to a youth turning 18 years old, the youth’s social worker or probation officer must submit a transitional living plan to ensure that the youth will meet at least one participation criteria, listed above, if the youth plans to participate in extended foster care. The youth must also sign an agreement to remain in foster care within six months of turning 18, reside in an eligible placement, and agree to work with their social worker to meet the goals of their transitional living plan. Additionally, existing law allows qualifying nonminors who are former foster youth under the age of 21 to petition the court for re-entry into foster care to participate in extended foster care, as provided.

According to the Senate Human Services Committee analysis:

The intent of extended foster care is to bridge the gap between the intensive supervision of foster care and unsupervised adulthood by maintaining a safety net of support while providing the youth independence and additional educational or work opportunities. As of January 1, 2020 there were an estimated 7,396 youth participating in extended foster care in California.

In 2018, AB 2337 (Gipson), Chapter 539, Statutes of 2018, addressed the issue for youth who had not reached 21 years of age and who would have received Kin-GAP or AFDC-FC payments were it not for the fact that the youth is receiving Supplemental Security Income benefits or other aid from the federal Social Security Administrations. AB 748 (Gipson), Chapter 682, Statutes of 2019, addressed the eligibility for extended foster care of youth who have an open dependency petition, but reach 18 years of age before they obtain resolution of their disposition proceedings and are adjudged dependents of the juvenile court. AB 748 allowed those youth who turned 18 years of age with open dependency petitions to be adjudged dependents of the juvenile court after their 18 birthday, thus making them eligible for extended foster care, as provided. The LAO memorandum estimated between 40-83 foster youth throughout the state would become eligible for extended foster care under this change.

On March 4, 2020, the Governor declared a State of Emergency in response to the COVID-19 pandemic, and subsequently issued Executive Order N-33-20, which established a statewide stay at home order for non-essential workers. An April 17, 2020 Executive Order allows for temporary waivers to certain foster youth programs to ensure continuity of care for youth in response to the COVID-19 pandemic. Specifically, this executive order suspended the following requirements related to extended foster care:

• Physical, in-person, face-to-face application, meetings, visits and signature requirements for youth entering or reentering extended foster care; and
• The maximum age criteria for nonminor dependents who turn 21 on or after the date of the Executive Order.

This executive order provided a temporary extension for all nonminor dependents currently in extended foster care who turn 21 on or after April 17, 2020 through June 30, 2020. Additionally, per All County Letter (ALC) no. 20-45, counties are advised to demonstrate flexibility when working with an NMD who have experienced disruptions in meeting extended foster care program eligibility criteria. ACL no. 20-45 states that all NMDs who have met the eligibility requirements for extended foster care and have lost their employment or have experienced a disruption in their education program may continue to remain eligible for extended foster care. Those youth who remain enrolled in their school or are participating in their school’s distance learning opportunities continue to remain eligible through meeting the educational criteria. Additionally, this ACL reminds counties that NMDs who cannot meet the extended foster care participation criteria through employment or education due to COVID-19 continue to be eligible for extended foster care when they participate in programs or activities designed to promote, or reduce barriers to, employment or when a medical condition renders them incapable of participating in any eligible activity.

California’s foster youth were not immune to the disruption to daily life caused by the COVID-19 pandemic and resulting stay at home order, but rather more vulnerable to its impact. As a result of the COVID-19 pandemic and resulting stay at home order, many NMDs lost their employment, faced school closures, and were possibly transitioned to remote learning, sometimes without access to the needed technology or internet services. Additionally, since most NMD’s housing is tied to their participation in extended foster care whether it be in a THP+FC or other setting, those youth who aged out of extended foster care during the pandemic were likely to lose their housing and financial support at a time when all Californian’s are being impacted by the economic impacts of the pandemic.

On April 6, 2020, the Judicial Council adopted 11 temporary emergency rules in response to COVID-19’s impact on the courts, including two rules relating to juvenile courts. Emergency rule 6 allows for court proceedings to occur remotely, as provided, and requires electronic receipt of court reports, except for a parent or child who do not have access to the technology necessary to receive the report in this way. If a court hearing cannot occur either in the courthouse or remotely, the hearing may be continued up to 60 days, with certain time restraints provided for specific hearing types. This emergency rule is set to remain in effect until 90 days after the Governor declares that the state of emergency related to the COVID-19 pandemic is lifted or until amended, or repealed by the Judicial Council.

Proposed Law:

The bill includes the following provisions, among others:

• Requires a nonminor dependent who turns 21 years of age or who is no longer able to meet participation requirements during the period of a state of emergency to continue to receive support as a nonminor dependent until at least 6 months after the date that the state of emergency is terminated;
• ‘Requires the court not to terminate jurisdiction over a nonminor dependent who turns 21 years of age or who is no longer able to meet participatin requirements during the period of a state of emergency and until at least six months after the date the state of emergency is terminated, unless the nonminor does not wish to remain subject to juvenile court jurisdiction during this time period.
• Clarifies the bill’s provisions do not extend delinquency jurisdiction for a person who turns 21 years of age.
• Provides during a period of a state of emergency, jurisdiction must automatically be modified from delinquency jurisdiction to transition jurisdiction for a ward who has met their rehabilitative goals or who turns 21 years of age as long as the ward had an order for foster care placement on their 18th birthday and is in agreement with remaining under transition jurisdiction.
• Requires that a child under an order for foster care placement, as specified, who attains 18 years of age during a period of a state of emergency or within 90 days after the state of emergency is terminated, to be treated as though the nonminor attained 18 years of age while under an order of foster care placement by the juvenile court.
• Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the AFDC-FC program. This bill would provide that the continuous appropriation would not be made for purposes of implementing the bill.
• To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase.
• Declares it an urgency statute to provide stability and financial support to nonminor dependents who may be adversely affected by the state of emergency proclaimed by the Governor relating to the novel coronavirus (COVID-19) pandemic, it is necessary that this act take effect immediately.

Staff Comments:

• The FY 2020-21 cost per 1,000 cases per month associated with the loss of Title IV-E funds due to the temporary waiver of EFC participation criteria is $416,000 GF. This includes $392,000 GF in assistance costs and $24,000 GF in administrative costs. These costs reflect the loss of federal funds to be offset with GF if a federal waiver of participation criteria is not approved for FY 2020-21.
• The FY 2020-21 cost per 100 cases per month associated with temporarily granting transition jurisdiction to youth that reach the age of 21 while under delinquency jurisdiction is $150,000 GF. This includes $141,000 GF in assistance costs and $9,000 GF in administrative costs.
• The FY 2020-21 cost per 100 cases per month associated with granting EFC eligibility to youth that reach the age of 18 during the state of emergency or up to 90 days after termination of the state of emergency that were under an order for foster care placement is $150,000 total funds ($109,000 GF).  This includes $141,000 total funds ($102,000 GF) in assistance costs and $9,000 total funds ($7,000 GF) in administrative costs. EFC eligibility for this caseload would be maintained beyond FY 2020-21.
• The FY 2020-21 cost per 100 cases per month associated with allowing youth who were “alleged to come within the jurisdiction of the juvenile court” as minors to assume jurisdiction under the juvenile court after reaching 18 years of age is $150,000 total funds ($109,000 GF).  This includes $141,000 total funds ($102,000 GF) in assistance costs and $9,000 total funds ($7,000 GF) in administrative costs. This provision would also impose an ongoing cost.

In addition, the above costs are based on the following assumptions, including:

• The state of emergency will conclude June 30, 2020. Support will continue through December 31, 2020.
• 250 nonminor dependents (NMDs) age out of EFC eligibility each month, including the three months covered under the Executive Order.
• 71 percent of NMDs are in Supervised Independent Living Placement (SILPs) and 29 percent are in other EFC placements (excluding Transitional Housing) per CWS/CMS point-in-time data for October 2019.
• The FY 2020-21 SILP grant is $1,037. The FY 2020-21 average EFC grant is $2,324.
• The average administrative cost per case per month is $87.78.
• The caseload distribution (71 percent SILP, 29 percent other EFC) is multiplied by the casemonths and the respective grants to get the total assistance cost.
• The total casemonths are multiplied by the average administrative cost per case per month to get the total administrative cost.
• Funds are all GF.

Advocates indicate the six month time period beyond the state of emergency allows nonminor dependents the ability to formulate, with their caseworker or appropriate representative, and act on their 90-day transition plan. In addition, staff anticipates an existing backlog of dependency proceedings, as a result of COVID-19, that need to be worked through when the state of emergency is lifted.

-- END --

SENATE COMMITTEE ON HUMAN SERVICES

Senator Hurtado, Chair

2019 - 2020 Regular

Subject: California Fostering Connections to Success Act

SUMMARY

This bill allows nonminor dependents (NMDs) who turn 21 during a declared state of emergency to remain in extended foster care until at least six months following the termination of the declared state of emergency. This bill also provides that youth who turn 18 during a declared state of emergency, or within 90 days after the state of emergency is terminated, while under a temporary removal order and are awaiting adjudication to be treated as though they turned 18 while under an order of foster care placement by the juvenile court. Additionally, this bill provides for a process to petition the juvenile court to assume jurisdiction over NMDs who are alleged to come within the jurisdiction of the juvenile court prior to the nonminor attaining 18 years of age, as provided. This bill contains an urgency clause, therefore, all of the provisions would take effect immediately upon signature by the Governor and chaptered into law. Additionally, this bill contains language that would apply its provisions retroactively to March 4, 2020.

ABSTRACT

Existing Law:

1. Establishes a state and local system of child welfare services, including foster care, for children who have been adjudged by the court to be at risk of abuse and neglect or to have been abused or neglected, as specified. (WIC 202)
2. Establishes a system of juvenile dependency for children for specified reasons, and designates that a child who meets certain criteria is within the jurisdiction of the juvenile court and may be adjudged as a dependent child of the court, as specified. (WIC 300 et seq.)
3. 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)
4. Requires a county to file a petition to the court requesting a detention hearing within 48 hours of placing a child under temporary custody to determine whether a child should remain in custody and whether any specific court permissions are necessary to provide for the health and safety of the child. (WIC 313, 319)
5. Provides that if a court orders a child detained, the court shall state facts on which the decision is based, specify why removal was necessary, order temporary placement and care of the child to be vested with the county child welfare department pending a jurisdictional hearing or further order of the court, and order reunification services be provided as soon as possible, if appropriate. (WIC 319(g))
6. Requires the court, at a jurisdictional hearing, to first consider only the question whether the minor is a child who has suffered, or is at substantial risk of suffering, serious abuse or neglect, as provided, and allows any legally admissible evidence that is relevant to the circumstances or acts that are alleged to bring the minor within the jurisdiction of the juvenile court is admissible and may be received into evidence. (WIC 355)
7. Defines “nonminor dependent” as a current or former foster youth who is a current dependent child or ward of the juvenile court, or who is a nonminor under transition jurisdiction of the juvenile court, who is between 18 and 21 years old, in foster care under the responsibility of the county welfare department, county probation department, or Indian Tribe, and participating in a transitional independent living plan, as specified. (WIC 11400(v))
8. Provides that the court may have within its jurisdiction any nonminor dependent, between the age of majority and 21 years, as defined. Further provides that a nonminor dependent shall retain all of their legal decision-making authority as an adult, except as specified. (WIC 303(a) and (d))
9. Authorizes the juvenile court to resume jurisdiction over a nonminor who has attained 18 years of age, but not yet attained 21 years of age, and for whom the court has dismissed dependency, delinquency, or transition jurisdiction. (WIC 303(c))
10. Requires the juvenile court, in making the findings regarding continuing dependency jurisdiction of a nonminor, to ensure the nonminor has been informed of their options, including the benefits of remaining in foster care and rights 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))
11. Requires a NMD to meet one or more of the following participation requirements to remain under a foster care order by the juvenile court:
    1. Completing a secondary education or program leading to an equivalent credential;
    2. Enrolled in an institution that provides postsecondary or vocational education;
    3. Participating in a program or activity designed to promote or remove barriers to employment;
    4. Employed for at least 80 hours per month; or
    5. Incapable of doing any of the above due to a medical condition, as supported by regularly updated information in the nonminor’s case plan. (WIC 11403(b))
12. Provides that for youth exiting from care, at 18 or 21 years of age, a case worker, other appropriate agency staff or probation officer and other representatives of the participant, as appropriate, shall provide the youth or NMD with assistance and support in developing the written 90-day transition exit plan, that is personalized at the direction of the child or NMD, as provided. When appropriate, this plan must follow the youth’s transitional intendent living plan that was developed to prepare the youth for the transition from foster care. (WIC 16501.1(g)(16))
13. Provides that a petition to resume jurisdiction over a nonminor may be submitted to the court that retains general jurisdiction, as provided, or to the juvenile court in the county where the youth resides and that the court shall order a hearing be held within 15 judicial days of the date the petition was filed if there is a prima facie showing that the nonminor satisfies the following criteria:
    1. The nonminor was previously under juvenile court jurisdiction and was subject to an order for foster care placement at any time after the nonminor attained 18 years of age, and has not attained 21 years of age;
    2. The nonminor intends to satisfy at least one of the conditions required to participate in extended foster care, as provided; and
    3. The nonminor wants assistance either in maintaining or securing appropriate supervised placement, or is in need of immediate placement and agrees to supervised placement pursuant to the voluntary reentry agreement, as provided. (WIC 388(e)(2))
14. Defines “Transitional Housing Placement Program” as a program serving foster children at least 16 years of age and not more than 18 years of age. (WIC 16522.1(a)(1))
15. Defines “Transitional Housing Program-Plus Foster Care” (THP+FC) to mean a transitional housing program serving NMDs between the ages of 18 and 21. (WIC 16522.1(a)(2))
16. Defines “Transitional Housing Program-Plus” (THP-Plus) as a provider certified by the applicable county to provide transitional housing services to former foster youth who have exited the foster care system on or after their 18^th birthday. (WIC 11400(s))
17. Defines “Supervised Independent Living Placement” (SILP) to mean an independent supervised setting, as specified in a nonminor dependent’s transitional independent living case plan, in which the youth is living independently, as provided. (WIC 11400(w))
18. Requires CDSS, in consultation with stakeholders, to define how certain supervised independent living settings meet health and safety standards suitable for nonminors. (WIC 11403(i))

This Bill:

1. Provides that during the period of a state of emergency, and for at least six months after the state of emergency is terminated, a NMD who turns 21 years of age or who is no longer able to meet participation requirements for extended foster care shall continue to receive support as an NMD.
2. Prohibits the court from terminating jurisdiction over a NMD during the period of a state of emergency and until at least six months after the date the state of the emergency is terminated unless the NMD does not wish to remain subject to juvenile court jurisdiction during this time period.
3. Provides no extension for delinquency jurisdiction for a person who turns 21 years of age during a state of emergency.
4. Requires that during a period of a state of emergency, jurisdiction be modified from delinquency jurisdiction to transition jurisdiction for a ward who has met their rehabilitative goals or who turns 21 years of age as long as the ward had an order for foster care placement on their 18^th birthday and is in agreement with remaining under transition jurisdiction.
5. Requires that a child who is under a temporary order for foster care placement, as provided, and who attains 18 years of age during a period of a state of emergency or within 90 days after the state of emergency is terminated be treated as though the nonminor attained 18 years of age while under an order for foster care placement by the juvenile court, as provided.
6. Provides that a petition to assume jurisdiction over a nonminor may be submitted to the court that retains general jurisdiction, as provided, or to the juvenile court in the county where the youth resides and that the court shall order a hearing be held within 15 judicial days of the date the petition was filed if there is a prima facie showing that the nonminor satisfies the following criteria:
7. The nonminor was previously under juvenile court jurisdiction, or was alleged to come within the jurisdiction of the juvenile court prior to the nonminor attaining 18 years of age, and was subject to an order for foster care placement at any time after the nonminor attained 18 years of age, and has not attained 21 years of age;
8. The nonminor intends to satisfy at least one of the conditions required to participate in extended foster care, as provided; and
9. The nonminor wants assistance either in maintaining or securing appropriate supervised placement, or is in need of immediate placement and agrees to supervised placement pursuant to the voluntary reentry agreement, as provided.
10. Applies the provisions of this bill retroactively to March 4, 2020.
11. Includes an urgency clause, meaning these changes would take effect immediately.

FISCAL IMPACT

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

BACKGROUND AND DISCUSSION

Purpose of the Bill:

According to the author, “COVID-19 has created an unprecedented crisis around the world. California’s shelter in place order has disrupted daily life, halted the economy, and negatively impacted critical services provided by the state. As many industries struggle to cope with the new normal, foster youth are hit especially hard. Many foster youth are in need of emergency policy changes in order to maintain stable placements, safe housing, and their academic goals during a state of emergency.”

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 who receive reports of abuse or neglect, investigate and resolve those reports. When a case is substantiated, a family is either provided with services to ensure a child’s well-being and avoid court involvement, or a child is removed and placed into foster care. In 2019, the state’s child welfare agencies received 475,450 reports of abuse or neglect. Of these 475,450, 67,427 reports contained allegations that were substantiated and 28,407 children were removed from their homes and placed into foster care via the CWS system.

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 a CWS system social worker. This system seeks to ensure the safety and protection of these children, and where possible, preserve and strengthen families through visitation and family reunification. The CWS system provides multiple opportunities for the custody of a foster 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 January 1, 2020, there were 59,156 children in California’s CWS system.

Extended Foster Care

The intent of extended foster care is to bridge the gap between the intensive supervision of foster care and unsupervised adulthood by maintaining a safety net of support while providing the youth independence and additional educational or work opportunities. It was prompted by the recognition that many youth were unable to successfully transition from foster care or group care to adulthood without additional guidance and assistance.

The federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (P.L. 110-351) enabled states to expand the definition of a foster “child,” by creating extended care for youth up to age 21. The federal law allows foster youth to remain in care past age 18 if they meet one of the following participation criteria: are enrolled in high school or a high school equivalency credential; enrolled in college, community college, or vocational education; employed for at least 80 hours a month; participating in other qualifying activities or programs designed to remove barriers to employment; or medically exempt from meeting any of the other participation criteria.

In 2010, California enacted AB 12 (Beall, Chapter 559, Statutes of 2010), which permits foster youth to remain in extended foster care until age 21, under the same criteria as the federal statute. At the six month hearing prior to a youth turning 18 years old, the youth’s social worker or probation officer must submit a transitional living plan to ensure that the youth will meet at least one participation criteria, listed above, if the youth plans to participate in extended foster care. The youth must also sign an agreement to remain in foster care within six months of turning 18, reside in an eligible placement, and agree to work with their social worker to meet the goals of their transitional living plan. Additionally, existing law allows qualifying nonminors who are former foster youth under the age of 21 to petition the court for re-entry into foster care to participate in extended foster care, as provided.

The University of Chicago’s Chapin Hall conducted the California Youth Transitions to Adulthood Study (CalYOUTH) in 2018. This study evaluated the impacts of extended foster care on outcomes for transition age foster youth. The following were among the findings of the CalYOUTH study for each additional year a youth spent in extended foster care:

• Increased the probability that they completed a high school credential by about 8 percent;
• Increased their expected probability of enrolling in college by 10 to 11 percent;
• Decreased the odds that they became pregnant or impregnated an individual between the ages of 17 and 21 by 28 percent; and
• Decreased the odds of being homeless or couch-surfing between the ages of 17 and 21 by about 28 percent.

Youth participation in the program has exceeded expectation. Between July 2010 and July 2014, the number of youth age 18-20 in extended foster care in California increased 211 percent, from 2,908 to 9,032, according to data compiled by UC Berkeley. As of January 1, 2020 there were an estimated 7,396 youth participating in extended foster care in California.

Access to Extended Foster Care

On March 7, 2019, the Legislative Analyst’s Office issued a memorandum entitled “Older Youth Access to Foster Care,” which outlined four specific populations who, at the time the publication was released, were excluded from reentering foster care:

• Youth who have an open dependency petition, but reach 18 before resolution of their disposition hearing;
• Youth who successfully appeal the juvenile court’s dismissal of their dependency petition and reached age 19 before the resolution of their dependency appeal;
• Youth who are eligible for the Kinship Guardianship Assistance Payment Program (Kin-GAP) or Aid to Families with Dependent Children – Foster Care (AFDC-FC) but are receiving an alternative benefit; and,
• Youth whose parent or guardian do not provide support to the youth but still receive Adoption Assistance Program (AAP) payments or Kin-GAP on their behalf.

The LAO memorandum also stated that the number of youth affected by the provisions of AB 2337 as introduced were not captured in current administrative datasets, but estimated between 50-120 foster youth throughout the state would become eligible for extended foster care if all four categories were added.

In 2018, AB 2337 (Gipson, Chapter 539, Statutes of 2018) was introduced to address the needs of each of the above populations. However, it was later amended to pertain only to youth who had not reached 21 years of age and who would have received Kin-GAP or AFDC-FC payments were it not for the fact that the youth is receiving Supplemental Security Income benefits or other aid from the federal Social Security Administrations.

In 2019, AB 748 (Gipson, Chapter 682, Statutes of 2019) addressed the eligibility for extended foster care of youth who have an open dependency petition, but reach 18 years of age before they obtain resolution of their disposition proceedings and are adjudged dependents of the juvenile court. AB 748 allowed those youth who turned 18 years of age with open dependency petitions to be adjudged dependents of the juvenile court after their 18 birthday, thus making them eligible for extended foster care, as provided. The LAO memorandum estimated between 40-83 foster youth throughout the state would become eligible for extended foster care under this change.

This bill creates a new avenue for youth aged 18 to 21 to petition the juvenile court to assume dependency jurisdiction over them. Specifically, this bill allows the filing of a petition to assume jurisdiction over a nonminor and would require the court hold a hearing on the petition within 15 judicial days if there is a prima facie showing that the nonminor satisfies the following criteria:

• The nonminor was previously under juvenile court jurisdiction, or was alleged to come within the jurisdiction of the juvenile court prior to the nonminor attaining 18 years of age, and was subject to an order for foster care placement at any time after the nonminor attained 18 years of age, and has not attained 21 years of age;
• The nonminor intends to satisfy at least one of the conditions required to participate in extended foster care, as provided; and
• The nonminor wants assistance either in maintaining or securing appropriate supervised placement, or is in need of immediate placement and agrees to supervised placement pursuant to the voluntary reentry agreement, as provided.

This is an expansion to existing law that allows the appropriate juvenile court to resume jurisdiction over a NMD if the NMD was previously under juvenile court jurisdiction, intends to satisfy at least one of the required conditions of participation, and wants assistance in either maintaining or securing appropriate supervised placement or is in the need of immediate placement, as provided. These provisions are not specifically a response to the COVID-19 pandemic, but rather a renewed effort to increase access to extended foster care to this population.

COVID-19 Flexibilities for Extended Foster Care

On April 17, 2020 Governor Newsom signed an executive order that allows for temporary waivers to certain foster youth programs to ensure continuity of care for youth in response to the COVID-19 pandemic. Specifically, this executive order suspended the following requirements related to extended foster care:

• Physical, in-person, face-to-face application, meetings, visits and signature requirements for youth entering or reentering extended foster care; and
• The maximum age criteria for nonminor dependents who turn 21 on or after the date of the Executive Order.

This executive order provided a temporary extension for all NMDs currently in extended foster care who turn 21 on or after April 17, 2020 through June 30, 2020. Additionally, per All County Letter (ALC) no. 20-45, counties are advised to demonstrate flexibility when working with an NMD who have experienced disruptions in meeting extended foster care program eligibility criteria. ACL no. 20-45 states that all NMDs who have met the eligibility requirements for extended foster care and have lost their employment or have experienced a disruption in their education program may continue to remain eligible for extended foster care. Those youth who remain enrolled in their school or are participating in their school’s distance learning opportunities continue to remain eligible through meeting the educational criteria. Additionally, this ACL reminds counties that NMDs who cannot meet the extended foster care participation criteria through employment or education due to COVID-19 continue to be eligible for extended foster care when they participate in programs or activities designed to promote, or reduce barriers to, employment or when a medical condition renders them incapable of participating in any eligible activity.

These flexibilities are necessary due to the COVID-19 pandemic and the resulting statewide stay at home order for non-essential workers and social distancing measures when conducting essential business. The statewide stay at home order was issued on March 19, 2020 through Executive Order #N-33-20 in an effort to reduce exposure to the virus. This order was issued 15 days after Governor Newsom declared a State of Emergency due to the COVID-19 pandemic on March 4, 2020. Similar stay at home orders were put into place all over the country. The short-term impacts of the state at home orders were immediate, resulting in the closure of college campuses, including community colleges, and immediate economic repercussions due to the closure of non-essential businesses.

California’s foster youth were not immune to the disruption to daily life caused by the COVID-19 pandemic and resulting stay at home order, but rather more vulnerable to its impact. As a result of the COVID-19 pandemic and resulting stay at home order, many NMDs lost their employment, faced school closures, and were possibly transitioned to remote learning, sometimes without access to the needed technology or internet services. Additionally, since most NMD’s housing is tied to their participation in extended foster care whether it be in a THP+FC or other setting, those youth who aged out of extended foster care during the pandemic were likely to lose their housing and financial support at a time when all Californian’s are being impacted by the economic impacts of the pandemic.

This bill proposes to codify the authority for NMDs who turn 21 during a declared state of emergency to remain in extended foster care during a declared state of emergency and for at least 6 months following the end of the declared state of emergency. Additionally, as written, these changes apply to future states of emergency. This would allow for these changes to automatically occur, without an executive order, in future states of emergency, whether they be related to pandemics or natural disasters.

This bill also clarifies the inclusion of those youth who were under a temporary order for foster care placement and who turn 18 during a period of a state of emergency or within 90 days after the state of emergency in extended foster care. This ensures those youth made eligible for extended foster care through AB 748 (Gipson, Chapter 682, Statutes of 2019), as discussed above, do not lose their eligibility as a result of the ongoing state of emergency.

This bill implements these provisions retroactively to the date of March 4, 2020 so that any NMD who turned 21 or 17 year old under a temporary order who turned 18 during the declared state of emergency would be eligible, while the executive order only applies to those who turned 21 on or after April 17, 2020.

COVID-19 Impact on California’s Juvenile Courts

On March 23, 2020 Chief Justice Tani G. Cantil-Sakaye issued a statewide order suspending all jury trials in California’s superior courts for 60 days and allowing courts to immediately adopt new rules to address the impact of the COVID-19 pandemic. This order allowed superior courts to adopt any proposed rules or rule amendment intended to address the impact of the COVID-19 pandemic to take effect immediately.^[1] Additionally, on April 6, 2020, the Judicial Council adopted 11 temporary emergency rules in response to COVID-19’s impact on the courts, including two rules relating to juvenile courts.^[2]

Emergency rule 6 relates to juvenile dependency proceedings and applies to all juvenile dependency proceedings filed or pending until the state of emergency related to the COVID-19 pandemic is lifted. The rule allows for court proceedings to occur via remote technology, as provided, and requires electronic receipt of court reports, except for a parent or child who do not have access to the technology necessary to receive the report in this way. The rule provides that if a court hearing cannot occur either in the courthouse or remotely, the hearing may be continued up to 60 days, with certain time restraints provided for specific hearing types.

The rule prioritizes the following essential hearings and orders:

• Protective custody warrants filed under WIC 340;
• Detention hearings under WIC 319, requiring the court to determine if it is contrary to the child’s welfare to remain with the parent, whether reasonable efforts were made to prevent removal, and whether to vest the placing agency with temporary placement and care;
• Psychotropic medication applications;
• Emergency medical requests;
• A petition for reentry of a nonminor dependent; and
• WIC 388 petitions that require an immediate response based on the health and safety of the child, which should be reviewed for a prima facie showing of change of circumstances sufficient to grant the petition or to set a hearing, but allows the court to extend the final ruling on the petition beyond 30 days.

This emergency rule is set to remain in effect until 90 days after the Governor declares that the state of emergency related to the COVID-19 pandemic is lifted or until amended or repealed by the Judicial Council.

Though Emergency rule 6 has helped reduced some of the COVID-19 pandemic’s impact on dependency courts, advocates relay that many counties dependency courts are continuing to be drastically impacted by the reality of this pandemic. Antidotal evidence from minors’ and parents’ counsel organizations suggests that some dependency courts are able to hear, remotely or otherwise, very few dependency proceedings. Thus, in many instances courts are granting continuances, resulting in a backlog of dependency proceedings to be worked through when the state of emergency is lifted. Additionally, advocates suggest that since the rule was written to remain in effect until 90 days after the Governor declares that the state of emergency related to the COVID-19 pandemic is lifted, dependency courts are not likely to return to business as usual until that 90-day period has passed.

This bill provides for those NMDs who turn 21 during the declared state of emergency to remain in care for 6 months following the end of the declared state of emergency in part because of this delayed return to normalcy in our dependency courts. Advocates believe that this 6 month time period allows NMDs the ability to formulate, with their caseworker or appropriate representative, and act on their 90-day transition plan, as provided for in WIC 16501.1(f)(16)(B). Additionally, this bill allows those youth who are turn 18 while under a temporary dependency order during the declared state of emergency and for 90 days thereafter to be considered eligible for extended foster care. This additional 90 day period tracks with the 90 day sunset period for the emergency rule of court and the time expected necessary for the courts to resume normal business and thus resume disposition proceedings as usual.

COVID-19 Impacts on Committee Jurisdiction

Due to the COVID-19 Pandemic and the unprecedented nature of the 2020 Legislative Session, all Senate Policy Committees are working under a compressed timeline.  This timeline does not allow this bill to be referred and heard by more than one committee as a typical timeline would allow.  In order to fully vet the contents of this measure for the benefit of Senators and the public, this analysis includes information from Senate Judiciary Committee. The Judiciary Committee specifically states that:

“This bill falls within the jurisdiction of the Judiciary Committee because it makes changes to judicial processes related to extended foster care benefits for nonminors. The Judiciary Committee has historically favored efforts to protect this vulnerable population. The need for this protection has only grown more urgent in the current state of emergency.”

Related/Prior Legislation:

AB 748 (Gipson, Chapter 682, Statutes of 2019) allowed youth who are subject to an order for foster care before they reached 18 years of age, but not yet adjudged wards of the juvenile court before their 18^th birthday, to be eligible for extended foster care benefits by requiring the court to hold a dispositional proceeding for a youth who is 18 years of age in order to be eligible for extended foster care benefits, if certain criteria is met as specified,

AB 819 (Stone, Chapter 777, Statutes of 2019) adopted changes to further facilitate implementation of CCR, specifically as it relates to flexibility for resource families, financial resources available to tribally approved homes, and the provision of intensive services foster care, among others.

AB 2337 (Gipson, Chapter 539, Statutes of 2018) expanded the circumstances under which NMDs under the age of 21 who were previously a dependent or delinquent of the juvenile court may petition to assume dependency jurisdiction to include youth who would have otherwise been eligible but for receiving Supplemental Security Income benefits in lieu of foster care payments.

AB 604 (Gipson, Chapter 707, Statutes of 2017) required the court to assume transition jurisdiction over a youth who was arrested for or convicted of any nonviolent offense committed while they were a victim of human trafficking regardless of a court order vacating the underlying adjudication, as specified.

AB 1930 (Mark Stone, Chapter 910, Statutes of 2018), AB 404 (Mark Stone, Chapter 732, Statutes of 2017) and AB 1997 (Mark Stone, Chapter 612, Statutes of 2016) furthered CCR efforts adopted by AB 403 (Mark Stone, Chapter 773, Statutes of 2015).

AB 403 (Mark Stone, Chapter 773, Statutes of 2015) implemented CCR recommendations to better serve children and youth in California’s child welfare services system, including eliminating group homes and emphasizing family-based care.

AB 212 (Beall, Chapter 459, Statutes of 2011) made various clarifying and substantive changes to the California Fostering Connections to Success Act, to ensure proper implementation and to comply with various provisions of federal law.

AB 12 (Beall, Chapter 559, Statutes of 2010) created the California Fostering Connections to Success Act, conformed state law to federal requirements to revise and expand programs and funding for certain foster and adopted children.

H.R. 6893 (McDermott, Public Law 110-351, 2008) the federal “Fostering Connections to Success and Increasing Adoptions Act of 2008,” revised and expanded programs and funding for certain foster and adopted children.

COMMENTS

The COVID-19 pandemic is having an unprecedented impact on the daily life of all Californians. Its impact is acutely felt by California’s transition aged foster youth who in many instances are connected to their housing and other resources through extended foster care. Were these youth to be exited from the extended foster care system during this time, they would potentially lose their housing and limited financial supports while the economy is in free fall, employment opportunities are scare, and affordable housing is unavailable due to the fiscal and health impacts of the COVID-19 pandemic and statewide stay at home orders. SB 912 extends the protections offered to some NMDs through executive order to all those transition age foster youth who turned 21 after the state of emergency was declared on March 4, 2020. Additionally, this bill extends their eligibility for extended foster care to at least six months following the end of the declared state of emergency so that these youth have the time needed to formulate and act on their transition plans.

It has come to the committee’s attention that proclamations terminating states of emergency are not always issued when would be expected. For example, on December 23, 2019 Governor Newsom issued a proclamation terminating previous states of emergency dating as far back as 2011. The same proclamation terminated a state of disaster that was declared in response to the Butte County fire in July of 2017. As the bill is written, if it were in effect when the July 2017 state of emergency was declared, those NMDs impacted by the state of emergency due to the Butte County would still be eligible for extended foster care. This presents numerous policy and implementation challenges that should be considered should this bill pass out of this committee.

For the purposes of allowing the flexibilities provided in the Governor’s April 17 Executive Order to extend to future states of emergency, the author may wish to consider some limitations to address the potential for untimely termination of states of emergency.

Should this bill pass out of this committee, the author may wish to consider removing section one of the bill (amendments to WIC 388), as these provisions are not directly related to the impact the COVID-19 pandemic is having on the needs of transition age foster youth, but rather revisits access to extended foster care for a segment of the transition age youth population that has been considered in prior legislation. This language may be better considered when the strain of the COVID-19 pandemic is not impacting on stakeholders’ ability to participate in the legislative process.

POSITIONS

Support:

Journey House (Co-Sponsor)

Children's Law Center of California (Co-Sponsor)
Youth Law Center (Co-Sponsor)

Oppose:

None received

-- END --

1. https://newsroom.courts.ca.gov/news/chief-justice-issues-statewide-order-suspending-jury-trials ↑

2. https://www.courts.ca.gov/documents/appendix-i.pdf ↑

SENATE COMMITTEE ON HUMAN SERVICES

Senator Hurtado, Chair

2019 - 2020 Regular

Subject: California Fostering Connections to Success Act

SUMMARY

This bill allows nonminor dependents (NMDs) who turn 21 during a declared state of emergency to remain in extended foster care until at least six months following the termination of the declared state of emergency. This bill also provides that youth who turn 18 during a declared state of emergency, or within 90 days after the state of emergency is terminated, while under a temporary removal order and are awaiting adjudication to be treated as though they turned 18 while under an order of foster care placement by the juvenile court. Additionally, this bill provides for a process to petition the juvenile court to assume jurisdiction over NMDs who are alleged to come within the jurisdiction of the juvenile court prior to the nonminor attaining 18 years of age, as provided. This bill contains an urgency clause, therefore, all of the provisions would take effect immediately upon signature by the Governor and chaptered into law. Additionally, this bill contains language that would apply its provisions retroactively to March 4, 2020.

ABSTRACT

Existing Law:

1. Establishes a state and local system of child welfare services, including foster care, for children who have been adjudged by the court to be at risk of abuse and neglect or to have been abused or neglected, as specified. (WIC 202)
2. Establishes a system of juvenile dependency for children for specified reasons, and designates that a child who meets certain criteria is within the jurisdiction of the juvenile court and may be adjudged as a dependent child of the court, as specified. (WIC 300 et seq.)
3. 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)
4. Requires a county to file a petition to the court requesting a detention hearing within 48 hours of placing a child under temporary custody to determine whether a child should remain in custody and whether any specific court permissions are necessary to provide for the health and safety of the child. (WIC 313, 319)
5. Provides that if a court orders a child detained, the court shall state facts on which the decision is based, specify why removal was necessary, order temporary placement and care of the child to be vested with the county child welfare department pending a jurisdictional hearing or further order of the court, and order reunification services be provided as soon as possible, if appropriate. (WIC 319(g))
6. Requires the court, at a jurisdictional hearing, to first consider only the question whether the minor is a child who has suffered, or is at substantial risk of suffering, serious abuse or neglect, as provided, and allows any legally admissible evidence that is relevant to the circumstances or acts that are alleged to bring the minor within the jurisdiction of the juvenile court is admissible and may be received into evidence. (WIC 355)
7. Defines “nonminor dependent” as a current or former foster youth who is a current dependent child or ward of the juvenile court, or who is a nonminor under transition jurisdiction of the juvenile court, who is between 18 and 21 years old, in foster care under the responsibility of the county welfare department, county probation department, or Indian Tribe, and participating in a transitional independent living plan, as specified. (WIC 11400(v))
8. Provides that the court may have within its jurisdiction any nonminor dependent, between the age of majority and 21 years, as defined. Further provides that a nonminor dependent shall retain all of their legal decision-making authority as an adult, except as specified. (WIC 303(a) and (d))
9. Authorizes the juvenile court to resume jurisdiction over a nonminor who has attained 18 years of age, but not yet attained 21 years of age, and for whom the court has dismissed dependency, delinquency, or transition jurisdiction. (WIC 303(c))
10. Requires the juvenile court, in making the findings regarding continuing dependency jurisdiction of a nonminor, to ensure the nonminor has been informed of their options, including the benefits of remaining in foster care and rights 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))
11. Requires a NMD to meet one or more of the following participation requirements to remain under a foster care order by the juvenile court:
    1. Completing a secondary education or program leading to an equivalent credential;
    2. Enrolled in an institution that provides postsecondary or vocational education;
    3. Participating in a program or activity designed to promote or remove barriers to employment;
    4. Employed for at least 80 hours per month; or
    5. Incapable of doing any of the above due to a medical condition, as supported by regularly updated information in the nonminor’s case plan. (WIC 11403(b))
12. Provides that for youth exiting from care, at 18 or 21 years of age, a case worker, other appropriate agency staff or probation officer and other representatives of the participant, as appropriate, shall provide the youth or NMD with assistance and support in developing the written 90-day transition exit plan, that is personalized at the direction of the child or NMD, as provided. When appropriate, this plan must follow the youth’s transitional intendent living plan that was developed to prepare the youth for the transition from foster care. (WIC 16501.1(g)(16))
13. Provides that a petition to resume jurisdiction over a nonminor may be submitted to the court that retains general jurisdiction, as provided, or to the juvenile court in the county where the youth resides and that the court shall order a hearing be held within 15 judicial days of the date the petition was filed if there is a prima facie showing that the nonminor satisfies the following criteria:
    1. The nonminor was previously under juvenile court jurisdiction and was subject to an order for foster care placement at any time after the nonminor attained 18 years of age, and has not attained 21 years of age;
    2. The nonminor intends to satisfy at least one of the conditions required to participate in extended foster care, as provided; and
    3. The nonminor wants assistance either in maintaining or securing appropriate supervised placement, or is in need of immediate placement and agrees to supervised placement pursuant to the voluntary reentry agreement, as provided. (WIC 388(e)(2))
14. Defines “Transitional Housing Placement Program” as a program serving foster children at least 16 years of age and not more than 18 years of age. (WIC 16522.1(a)(1))
15. Defines “Transitional Housing Program-Plus Foster Care” (THP+FC) to mean a transitional housing program serving NMDs between the ages of 18 and 21. (WIC 16522.1(a)(2))
16. Defines “Transitional Housing Program-Plus” (THP-Plus) as a provider certified by the applicable county to provide transitional housing services to former foster youth who have exited the foster care system on or after their 18^th birthday. (WIC 11400(s))
17. Defines “Supervised Independent Living Placement” (SILP) to mean an independent supervised setting, as specified in a nonminor dependent’s transitional independent living case plan, in which the youth is living independently, as provided. (WIC 11400(w))
18. Requires CDSS, in consultation with stakeholders, to define how certain supervised independent living settings meet health and safety standards suitable for nonminors. (WIC 11403(i))

This Bill:

1. Provides that during the period of a state of emergency, and for at least six months after the state of emergency is terminated, a NMD who turns 21 years of age or who is no longer able to meet participation requirements for extended foster care shall continue to receive support as an NMD.
2. Prohibits the court from terminating jurisdiction over a NMD during the period of a state of emergency and until at least six months after the date the state of the emergency is terminated unless the NMD does not wish to remain subject to juvenile court jurisdiction during this time period.
3. Provides no extension for delinquency jurisdiction for a person who turns 21 years of age during a state of emergency.
4. Requires that during a period of a state of emergency, jurisdiction be modified from delinquency jurisdiction to transition jurisdiction for a ward who has met their rehabilitative goals or who turns 21 years of age as long as the ward had an order for foster care placement on their 18^th birthday and is in agreement with remaining under transition jurisdiction.
5. Requires that a child who is under a temporary order for foster care placement, as provided, and who attains 18 years of age during a period of a state of emergency or within 90 days after the state of emergency is terminated be treated as though the nonminor attained 18 years of age while under an order for foster care placement by the juvenile court, as provided.
6. Provides that a petition to assume jurisdiction over a nonminor may be submitted to the court that retains general jurisdiction, as provided, or to the juvenile court in the county where the youth resides and that the court shall order a hearing be held within 15 judicial days of the date the petition was filed if there is a prima facie showing that the nonminor satisfies the following criteria:
7. The nonminor was previously under juvenile court jurisdiction, or was alleged to come within the jurisdiction of the juvenile court prior to the nonminor attaining 18 years of age, and was subject to an order for foster care placement at any time after the nonminor attained 18 years of age, and has not attained 21 years of age;
8. The nonminor intends to satisfy at least one of the conditions required to participate in extended foster care, as provided; and
9. The nonminor wants assistance either in maintaining or securing appropriate supervised placement, or is in need of immediate placement and agrees to supervised placement pursuant to the voluntary reentry agreement, as provided.
10. Applies the provisions of this bill retroactively to March 4, 2020.
11. Includes an urgency clause, meaning these changes would take effect immediately.

FISCAL IMPACT

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

BACKGROUND AND DISCUSSION

Purpose of the Bill:

According to the author, “COVID-19 has created an unprecedented crisis around the world. California’s shelter in place order has disrupted daily life, halted the economy, and negatively impacted critical services provided by the state. As many industries struggle to cope with the new normal, foster youth are hit especially hard. Many foster youth are in need of emergency policy changes in order to maintain stable placements, safe housing, and their academic goals during a state of emergency.”

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 who receive reports of abuse or neglect, investigate and resolve those reports. When a case is substantiated, a family is either provided with services to ensure a child’s well-being and avoid court involvement, or a child is removed and placed into foster care. In 2019, the state’s child welfare agencies received 475,450 reports of abuse or neglect. Of these 475,450, 67,427 reports contained allegations that were substantiated and 28,407 children were removed from their homes and placed into foster care via the CWS system.

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 a CWS system social worker. This system seeks to ensure the safety and protection of these children, and where possible, preserve and strengthen families through visitation and family reunification. The CWS system provides multiple opportunities for the custody of a foster 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 January 1, 2020, there were 59,156 children in California’s CWS system.

Extended Foster Care

The intent of extended foster care is to bridge the gap between the intensive supervision of foster care and unsupervised adulthood by maintaining a safety net of support while providing the youth independence and additional educational or work opportunities. It was prompted by the recognition that many youth were unable to successfully transition from foster care or group care to adulthood without additional guidance and assistance.

The federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (P.L. 110-351) enabled states to expand the definition of a foster “child,” by creating extended care for youth up to age 21. The federal law allows foster youth to remain in care past age 18 if they meet one of the following participation criteria: are enrolled in high school or a high school equivalency credential; enrolled in college, community college, or vocational education; employed for at least 80 hours a month; participating in other qualifying activities or programs designed to remove barriers to employment; or medically exempt from meeting any of the other participation criteria.

In 2010, California enacted AB 12 (Beall, Chapter 559, Statutes of 2010), which permits foster youth to remain in extended foster care until age 21, under the same criteria as the federal statute. At the six month hearing prior to a youth turning 18 years old, the youth’s social worker or probation officer must submit a transitional living plan to ensure that the youth will meet at least one participation criteria, listed above, if the youth plans to participate in extended foster care. The youth must also sign an agreement to remain in foster care within six months of turning 18, reside in an eligible placement, and agree to work with their social worker to meet the goals of their transitional living plan. Additionally, existing law allows qualifying nonminors who are former foster youth under the age of 21 to petition the court for re-entry into foster care to participate in extended foster care, as provided.

The University of Chicago’s Chapin Hall conducted the California Youth Transitions to Adulthood Study (CalYOUTH) in 2018. This study evaluated the impacts of extended foster care on outcomes for transition age foster youth. The following were among the findings of the CalYOUTH study for each additional year a youth spent in extended foster care:

• Increased the probability that they completed a high school credential by about 8 percent;
• Increased their expected probability of enrolling in college by 10 to 11 percent;
• Decreased the odds that they became pregnant or impregnated an individual between the ages of 17 and 21 by 28 percent; and
• Decreased the odds of being homeless or couch-surfing between the ages of 17 and 21 by about 28 percent.

Youth participation in the program has exceeded expectation. Between July 2010 and July 2014, the number of youth age 18-20 in extended foster care in California increased 211 percent, from 2,908 to 9,032, according to data compiled by UC Berkeley. As of January 1, 2020 there were an estimated 7,396 youth participating in extended foster care in California.

Access to Extended Foster Care

On March 7, 2019, the Legislative Analyst’s Office issued a memorandum entitled “Older Youth Access to Foster Care,” which outlined four specific populations who, at the time the publication was released, were excluded from reentering foster care:

• Youth who have an open dependency petition, but reach 18 before resolution of their disposition hearing;
• Youth who successfully appeal the juvenile court’s dismissal of their dependency petition and reached age 19 before the resolution of their dependency appeal;
• Youth who are eligible for the Kinship Guardianship Assistance Payment Program (Kin-GAP) or Aid to Families with Dependent Children – Foster Care (AFDC-FC) but are receiving an alternative benefit; and,
• Youth whose parent or guardian do not provide support to the youth but still receive Adoption Assistance Program (AAP) payments or Kin-GAP on their behalf.

The LAO memorandum also stated that the number of youth affected by the provisions of AB 2337 as introduced were not captured in current administrative datasets, but estimated between 50-120 foster youth throughout the state would become eligible for extended foster care if all four categories were added.

In 2018, AB 2337 (Gipson, Chapter 539, Statutes of 2018) was introduced to address the needs of each of the above populations. However, it was later amended to pertain only to youth who had not reached 21 years of age and who would have received Kin-GAP or AFDC-FC payments were it not for the fact that the youth is receiving Supplemental Security Income benefits or other aid from the federal Social Security Administrations.

In 2019, AB 748 (Gipson, Chapter 682, Statutes of 2019) addressed the eligibility for extended foster care of youth who have an open dependency petition, but reach 18 years of age before they obtain resolution of their disposition proceedings and are adjudged dependents of the juvenile court. AB 748 allowed those youth who turned 18 years of age with open dependency petitions to be adjudged dependents of the juvenile court after their 18 birthday, thus making them eligible for extended foster care, as provided. The LAO memorandum estimated between 40-83 foster youth throughout the state would become eligible for extended foster care under this change.

This bill creates a new avenue for youth aged 18 to 21 to petition the juvenile court to assume dependency jurisdiction over them. Specifically, this bill allows the filing of a petition to assume jurisdiction over a nonminor and would require the court hold a hearing on the petition within 15 judicial days if there is a prima facie showing that the nonminor satisfies the following criteria:

• The nonminor was previously under juvenile court jurisdiction, or was alleged to come within the jurisdiction of the juvenile court prior to the nonminor attaining 18 years of age, and was subject to an order for foster care placement at any time after the nonminor attained 18 years of age, and has not attained 21 years of age;
• The nonminor intends to satisfy at least one of the conditions required to participate in extended foster care, as provided; and
• The nonminor wants assistance either in maintaining or securing appropriate supervised placement, or is in need of immediate placement and agrees to supervised placement pursuant to the voluntary reentry agreement, as provided.

This is an expansion to existing law that allows the appropriate juvenile court to resume jurisdiction over a NMD if the NMD was previously under juvenile court jurisdiction, intends to satisfy at least one of the required conditions of participation, and wants assistance in either maintaining or securing appropriate supervised placement or is in the need of immediate placement, as provided. These provisions are not specifically a response to the COVID-19 pandemic, but rather a renewed effort to increase access to extended foster care to this population.

COVID-19 Flexibilities for Extended Foster Care

On April 17, 2020 Governor Newsom signed an executive order that allows for temporary waivers to certain foster youth programs to ensure continuity of care for youth in response to the COVID-19 pandemic. Specifically, this executive order suspended the following requirements related to extended foster care:

• Physical, in-person, face-to-face application, meetings, visits and signature requirements for youth entering or reentering extended foster care; and
• The maximum age criteria for nonminor dependents who turn 21 on or after the date of the Executive Order.

This executive order provided a temporary extension for all NMDs currently in extended foster care who turn 21 on or after April 17, 2020 through June 30, 2020. Additionally, per All County Letter (ALC) no. 20-45, counties are advised to demonstrate flexibility when working with an NMD who have experienced disruptions in meeting extended foster care program eligibility criteria. ACL no. 20-45 states that all NMDs who have met the eligibility requirements for extended foster care and have lost their employment or have experienced a disruption in their education program may continue to remain eligible for extended foster care. Those youth who remain enrolled in their school or are participating in their school’s distance learning opportunities continue to remain eligible through meeting the educational criteria. Additionally, this ACL reminds counties that NMDs who cannot meet the extended foster care participation criteria through employment or education due to COVID-19 continue to be eligible for extended foster care when they participate in programs or activities designed to promote, or reduce barriers to, employment or when a medical condition renders them incapable of participating in any eligible activity.

These flexibilities are necessary due to the COVID-19 pandemic and the resulting statewide stay at home order for non-essential workers and social distancing measures when conducting essential business. The statewide stay at home order was issued on March 19, 2020 through Executive Order #N-33-20 in an effort to reduce exposure to the virus. This order was issued 15 days after Governor Newsom declared a State of Emergency due to the COVID-19 pandemic on March 4, 2020. Similar stay at home orders were put into place all over the country. The short-term impacts of the state at home orders were immediate, resulting in the closure of college campuses, including community colleges, and immediate economic repercussions due to the closure of non-essential businesses.

California’s foster youth were not immune to the disruption to daily life caused by the COVID-19 pandemic and resulting stay at home order, but rather more vulnerable to its impact. As a result of the COVID-19 pandemic and resulting stay at home order, many NMDs lost their employment, faced school closures, and were possibly transitioned to remote learning, sometimes without access to the needed technology or internet services. Additionally, since most NMD’s housing is tied to their participation in extended foster care whether it be in a THP+FC or other setting, those youth who aged out of extended foster care during the pandemic were likely to lose their housing and financial support at a time when all Californian’s are being impacted by the economic impacts of the pandemic.

This bill proposes to codify the authority for NMDs who turn 21 during a declared state of emergency to remain in extended foster care during a declared state of emergency and for at least 6 months following the end of the declared state of emergency. Additionally, as written, these changes apply to future states of emergency. This would allow for these changes to automatically occur, without an executive order, in future states of emergency, whether they be related to pandemics or natural disasters.

This bill also clarifies the inclusion of those youth who were under a temporary order for foster care placement and who turn 18 during a period of a state of emergency or within 90 days after the state of emergency in extended foster care. This ensures those youth made eligible for extended foster care through AB 748 (Gipson, Chapter 682, Statutes of 2019), as discussed above, do not lose their eligibility as a result of the ongoing state of emergency.

This bill implements these provisions retroactively to the date of March 4, 2020 so that any NMD who turned 21 or 17 year old under a temporary order who turned 18 during the declared state of emergency would be eligible, while the executive order only applies to those who turned 21 on or after April 17, 2020.

COVID-19 Impact on California’s Juvenile Courts

On March 23, 2020 Chief Justice Tani G. Cantil-Sakaye issued a statewide order suspending all jury trials in California’s superior courts for 60 days and allowing courts to immediately adopt new rules to address the impact of the COVID-19 pandemic. This order allowed superior courts to adopt any proposed rules or rule amendment intended to address the impact of the COVID-19 pandemic to take effect immediately.^[1] Additionally, on April 6, 2020, the Judicial Council adopted 11 temporary emergency rules in response to COVID-19’s impact on the courts, including two rules relating to juvenile courts.^[2]

Emergency rule 6 relates to juvenile dependency proceedings and applies to all juvenile dependency proceedings filed or pending until the state of emergency related to the COVID-19 pandemic is lifted. The rule allows for court proceedings to occur via remote technology, as provided, and requires electronic receipt of court reports, except for a parent or child who do not have access to the technology necessary to receive the report in this way. The rule provides that if a court hearing cannot occur either in the courthouse or remotely, the hearing may be continued up to 60 days, with certain time restraints provided for specific hearing types.

The rule prioritizes the following essential hearings and orders:

• Protective custody warrants filed under WIC 340;
• Detention hearings under WIC 319, requiring the court to determine if it is contrary to the child’s welfare to remain with the parent, whether reasonable efforts were made to prevent removal, and whether to vest the placing agency with temporary placement and care;
• Psychotropic medication applications;
• Emergency medical requests;
• A petition for reentry of a nonminor dependent; and
• WIC 388 petitions that require an immediate response based on the health and safety of the child, which should be reviewed for a prima facie showing of change of circumstances sufficient to grant the petition or to set a hearing, but allows the court to extend the final ruling on the petition beyond 30 days.

This emergency rule is set to remain in effect until 90 days after the Governor declares that the state of emergency related to the COVID-19 pandemic is lifted or until amended or repealed by the Judicial Council.

Though Emergency rule 6 has helped reduced some of the COVID-19 pandemic’s impact on dependency courts, advocates relay that many counties dependency courts are continuing to be drastically impacted by the reality of this pandemic. Antidotal evidence from minors’ and parents’ counsel organizations suggests that some dependency courts are able to hear, remotely or otherwise, very few dependency proceedings. Thus, in many instances courts are granting continuances, resulting in a backlog of dependency proceedings to be worked through when the state of emergency is lifted. Additionally, advocates suggest that since the rule was written to remain in effect until 90 days after the Governor declares that the state of emergency related to the COVID-19 pandemic is lifted, dependency courts are not likely to return to business as usual until that 90-day period has passed.

This bill provides for those NMDs who turn 21 during the declared state of emergency to remain in care for 6 months following the end of the declared state of emergency in part because of this delayed return to normalcy in our dependency courts. Advocates believe that this 6 month time period allows NMDs the ability to formulate, with their caseworker or appropriate representative, and act on their 90-day transition plan, as provided for in WIC 16501.1(f)(16)(B). Additionally, this bill allows those youth who are turn 18 while under a temporary dependency order during the declared state of emergency and for 90 days thereafter to be considered eligible for extended foster care. This additional 90 day period tracks with the 90 day sunset period for the emergency rule of court and the time expected necessary for the courts to resume normal business and thus resume disposition proceedings as usual.

COVID-19 Impacts on Committee Jurisdiction

Due to the COVID-19 Pandemic and the unprecedented nature of the 2020 Legislative Session, all Senate Policy Committees are working under a compressed timeline.  This timeline does not allow this bill to be referred and heard by more than one committee as a typical timeline would allow.  In order to fully vet the contents of this measure for the benefit of Senators and the public, this analysis includes information from Senate Judiciary Committee. The Judiciary Committee specifically states that:

“This bill falls within the jurisdiction of the Judiciary Committee because it makes changes to judicial processes related to extended foster care benefits for nonminors. The Judiciary Committee has historically favored efforts to protect this vulnerable population. The need for this protection has only grown more urgent in the current state of emergency.”

Related/Prior Legislation:

AB 748 (Gipson, Chapter 682, Statutes of 2019) allowed youth who are subject to an order for foster care before they reached 18 years of age, but not yet adjudged wards of the juvenile court before their 18^th birthday, to be eligible for extended foster care benefits by requiring the court to hold a dispositional proceeding for a youth who is 18 years of age in order to be eligible for extended foster care benefits, if certain criteria is met as specified,

AB 819 (Stone, Chapter 777, Statutes of 2019) adopted changes to further facilitate implementation of CCR, specifically as it relates to flexibility for resource families, financial resources available to tribally approved homes, and the provision of intensive services foster care, among others.

AB 2337 (Gipson, Chapter 539, Statutes of 2018) expanded the circumstances under which NMDs under the age of 21 who were previously a dependent or delinquent of the juvenile court may petition to assume dependency jurisdiction to include youth who would have otherwise been eligible but for receiving Supplemental Security Income benefits in lieu of foster care payments.

AB 604 (Gipson, Chapter 707, Statutes of 2017) required the court to assume transition jurisdiction over a youth who was arrested for or convicted of any nonviolent offense committed while they were a victim of human trafficking regardless of a court order vacating the underlying adjudication, as specified.

AB 1930 (Mark Stone, Chapter 910, Statutes of 2018), AB 404 (Mark Stone, Chapter 732, Statutes of 2017) and AB 1997 (Mark Stone, Chapter 612, Statutes of 2016) furthered CCR efforts adopted by AB 403 (Mark Stone, Chapter 773, Statutes of 2015).

AB 403 (Mark Stone, Chapter 773, Statutes of 2015) implemented CCR recommendations to better serve children and youth in California’s child welfare services system, including eliminating group homes and emphasizing family-based care.

AB 212 (Beall, Chapter 459, Statutes of 2011) made various clarifying and substantive changes to the California Fostering Connections to Success Act, to ensure proper implementation and to comply with various provisions of federal law.

AB 12 (Beall, Chapter 559, Statutes of 2010) created the California Fostering Connections to Success Act, conformed state law to federal requirements to revise and expand programs and funding for certain foster and adopted children.

H.R. 6893 (McDermott, Public Law 110-351, 2008) the federal “Fostering Connections to Success and Increasing Adoptions Act of 2008,” revised and expanded programs and funding for certain foster and adopted children.

COMMENTS

The COVID-19 pandemic is having an unprecedented impact on the daily life of all Californians. Its impact is acutely felt by California’s transition aged foster youth who in many instances are connected to their housing and other resources through extended foster care. Were these youth to be exited from the extended foster care system during this time, they would potentially lose their housing and limited financial supports while the economy is in free fall, employment opportunities are scare, and affordable housing is unavailable due to the fiscal and health impacts of the COVID-19 pandemic and statewide stay at home orders. SB 912 extends the protections offered to some NMDs through executive order to all those transition age foster youth who turned 21 after the state of emergency was declared on March 4, 2020. Additionally, this bill extends their eligibility for extended foster care to at least six months following the end of the declared state of emergency so that these youth have the time needed to formulate and act on their transition plans.

It has come to the committee’s attention that proclamations terminating states of emergency are not always issued when would be expected. For example, on December 23, 2019 Governor Newsom issued a proclamation terminating previous states of emergency dating as far back as 2011. The same proclamation terminated a state of disaster that was declared in response to the Butte County fire in July of 2017. As the bill is written, if it were in effect when the July 2017 state of emergency was declared, those NMDs impacted by the state of emergency due to the Butte County would still be eligible for extended foster care. This presents numerous policy and implementation challenges that should be considered should this bill pass out of this committee.

For the purposes of allowing the flexibilities provided in the Governor’s April 17 Executive Order to extend to future states of emergency, the author may wish to consider some limitations to address the potential for untimely termination of states of emergency.

Should this bill pass out of this committee, the author may wish to consider removing section one of the bill (amendments to WIC 388), as these provisions are not directly related to the impact the COVID-19 pandemic is having on the needs of transition age foster youth, but rather revisits access to extended foster care for a segment of the transition age youth population that has been considered in prior legislation. This language may be better considered when the strain of the COVID-19 pandemic is not impacting on stakeholders’ ability to participate in the legislative process.

POSITIONS

Support:

Journey House (Co-Sponsor)

Children's Law Center of California (Co-Sponsor)
Youth Law Center (Co-Sponsor)

Oppose:

None received

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1. https://newsroom.courts.ca.gov/news/chief-justice-issues-statewide-order-suspending-jury-trials ↑

2. https://www.courts.ca.gov/documents/appendix-i.pdf ↑