(1)Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. Existing law establishes a schedule of basic rates to be paid for the care and supervision of each foster child. Existing law also establishes the Kinship Guardianship Assistance Payment Program (Kin-GAP), which provides aid on behalf of eligible children who have a kinship guardianship, and the Approved Relative Caregiver Funding Program (ARC), which provides payments to approved relative caregivers who are caring for children and nonminor dependents who are ineligible for AFDC-FC payments.

Existing law requires, when a child is living with a parent who receives AFDC-FC or Kin-GAP benefits, or ARC payments, that the rate paid to the foster care provider on behalf of the parent include an additional amount, known as an infant supplement, for the care and supervision of the child. Existing law makes a pregnant minor or nonminor dependent eligible for the infant supplement, referred to in this instance as an expectant parent benefit, for the 3-month period immediately prior to the month the birth is anticipated.

This bill would expand eligibility for the expectant parent benefit to include minors and nonminor dependents who are under the dependency jurisdiction of the juvenile court and who would be eligible to have foster care benefits paid on their behalf but for the minor or nonminor dependent not residing in an approved placement. The bill would require the department to develop and implement automated payments for these purposes, as specified. Because counties would administer these extended benefits, this bill would impose a state-mandated local program.

(2)Existing law authorizes a county to pay, in addition to the basic rate, a clothing allowance to provide additional clothing for a child.

This bill would require a county, if the county opts to provide a clothing allowance, to provide the clothing allowance to a minor or nonminor dependent who is under the dependency jurisdiction of the juvenile court and who would be eligible to have foster care benefits paid on their behalf but for the minor or nonminor dependent not residing in an approved placement. The bill would require the department to develop and implement automated payments for these purposes, as specified.

(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

(1)Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. Existing law establishes a schedule of basic rates to be paid for the care and supervision of each foster child. Existing law also establishes the Kinship Guardianship Assistance Payment Program (Kin-GAP), which provides aid on behalf of eligible children who have a kinship guardianship, and the Approved Relative Caregiver Funding Program (ARC), which provides payments to approved relative caregivers who are caring for children and nonminor dependents who are ineligible for AFDC-FC payments.

Existing law requires, when a child is living with a parent who receives AFDC-FC or Kin-GAP benefits, or ARC payments, that the rate paid to the foster care provider on behalf of the parent include an additional amount, known as an infant supplement, for the care and supervision of the child. Existing law makes a pregnant minor or nonminor dependent eligible for the infant supplement, referred to in this instance as an expectant parent benefit, for the 3-month period immediately prior to the month the birth is anticipated.

This bill would expand eligibility for the expectant parent benefit to include minors and nonminor dependents who are under the dependency jurisdiction of the juvenile court and who would be eligible to have foster care benefits paid on their behalf but for the minor or nonminor dependent not residing in an approved placement. The bill would require the department to develop and implement automated payments for these purposes, as specified. Because counties would administer these extended benefits, this bill would impose a state-mandated local program.

(2)Existing law authorizes a county to pay, in addition to the basic rate, a clothing allowance to provide additional clothing for a child.

This bill would require a county, if the county opts to provide a clothing allowance, to provide the clothing allowance to a minor or nonminor dependent who is under the dependency jurisdiction of the juvenile court and who would be eligible to have foster care benefits paid on their behalf but for the minor or nonminor dependent not residing in an approved placement. The bill would require the department to develop and implement automated payments for these purposes, as specified.

(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

(1)Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. Existing law establishes a schedule of basic rates to be paid for the care and supervision of each foster child. Existing law also establishes the Kinship Guardianship Assistance Payment Program (Kin-GAP), which provides aid on behalf of eligible children who have a kinship guardianship, and the Approved Relative Caregiver Funding Program (ARC), which provides payments to approved relative caregivers who are caring for children and nonminor dependents who are ineligible for AFDC-FC payments.

Existing law requires, when a child is living with a parent who receives AFDC-FC or Kin-GAP benefits, or ARC payments, that the rate paid to the foster care provider on behalf of the parent include an additional amount, known as an infant supplement, for the care and supervision of the child. Existing law makes a pregnant minor or nonminor dependent eligible for the infant supplement, referred to in this instance as an expectant parent benefit, for the 3-month period immediately prior to the month the birth is anticipated.

This bill would expand eligibility for the expectant parent benefit to include minors and nonminor dependents who are under the dependency jurisdiction of the juvenile court and who would be eligible to have foster care benefits paid on their behalf but for the minor or nonminor dependent not residing in an approved placement. The bill would require the department to develop and implement automated payments for these purposes, as specified. Because counties would administer these extended benefits, this bill would impose a state-mandated local program.

(2)Existing law authorizes a county to pay, in addition to the basic rate, a clothing allowance to provide additional clothing for a child.

This bill would require a county, if the county opts to provide a clothing allowance, to provide the clothing allowance to a minor or nonminor dependent who is under the dependency jurisdiction of the juvenile court and who would be eligible to have foster care benefits paid on their behalf but for the minor or nonminor dependent not residing in an approved placement. The bill would require the department to develop and implement automated payments for these purposes, as specified.

(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

GOVERNOR'S VETO

GV Bill Id:AB 1112

Author:(McKinnor)

As Enrolled Ver:September 18, 2023

2/3 vote

SUMMARY

Requires counties that opt to provide a clothing allowance to foster youth living in an approved placement, to also provide a clothing allowance to foster youth not residing in an approved placement, and provides that pregnant foster youth living in an unapproved placement are eligible for the expectant parent payment.

Senate amendments

Made technical changes to conform to AB 120 (Budget Committee), Chapter 43, Statutes of 2023.

Governor’s Veto Message

This bill would require counties to expand eligibility for the foster youth clothing allowance benefit and the expectant parent benefit to include foster youth who do not reside in an approved placement.

I share the author's commitment to ensure that foster youth receive the benefits and support services they need. However, the foster care system works to ensure that youth are placed in a safe, stable, and homelike environment. Without an approved placement, foster youth are not eligible to receive foster care payments. As written, this bill could perpetuate foster youth remaining in a placement that is not approved or the safest option for them. Further, because foster care was realigned to counties, the state General Fund would be responsible for offsetting any new county costs for implementation, and such costs should be considered in the context of the broader budget.

In partnership with the Legislature, we enacted a budget that closed a shortfall of more than $30 billion through balanced solutions that avoided deep program cuts and protected education, health care, climate, public safety, and social service programs that are relied on by millions of Californians. This year, however, the Legislature sent me bills outside of this budget process that, if all enacted, would add nearly $19 billion of unaccounted costs in the budget, of which $11 billion would be ongoing.

With our state facing continuing economic risk and revenue uncertainty, it is important to remain disciplined when considering bills with significant fiscal implications, such as this measure.

COMMENTS

Extended foster care and placement options. California was one of the first states to opt in to the federal opportunity to create an extended foster care program which represented a historic expansion of services to foster youth and was intended to improve outcomes for youth who often faced enormous challenges as they emancipated from the foster care system at 18 years old, often facing poverty, homelessness, and incarceration. 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 child welfare services (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.

Beginning with the 2011-12 fiscal year, the state ceased participation in providing foster youth a clothing allowance in addition to the basic rate, and now allows counties to opt in to providing a clothing allowance. Existing law defines a "clothing allowance" to mean the amount paid by a county, at the county's option, in addition to the basic rate for the provision of additional clothing for a child which can include an initial supply of clothing and school or other uniforms. The frequency and level of funding is based on the needs of the child, as determined by the county. Foster youth in extended foster care continue to receive foster care payment services up to the day before the youth turns 21 years old, as long as they are meeting specified participation requirements and living in an approved setting.

This bill would require counties who have opted to provide a clothing allowance, to also provide the clothing allowance to foster youth living in an unapproved placement, who would otherwise be eligible to have foster care payments paid on their behalf.

Eligible placement options for NMDs include:

1. A certified Resource Family Home; the home of a relative or non-related extended family member; licensed foster family home; certified foster family agency home; or the home of a non-related legal guardian if the guardianship was established in juvenile court and the youth is still under juvenile court jurisdiction with a foster care placement order.
2. A Short-Term Residential Therapeutic Program or a group home.
3. A Transitional Housing Placement Program for Nonminor Dependent (THPP-NMD), formerly known as THP+FC. This placement option provides housing and intensive support services and includes three different models.
4. A Supervised Independent Living Placement (SILP).

SILPs were created as a type of placement as part of extended foster care and are designed for youth between the ages of 18 and 21. Unlike other foster care placements, youth in SILPs are responsible for identifying and securing their own housing, which can include apartments rented alone or with roommates. As of July 1, 2022, the SILP was the single-most utilized placement in California, with a total of 3,361, or 41% NMDs. As part of the eligibility process, youth are required to undergo a SILP readiness assessment to determine if they are prepared to live independently before they can be placed. If the assessment determines that the NMD can live independently, the youth can receive their foster care payment directly upon approval of a placement. For NMDs who are aren't ready for a SILP, the THP-NMD program, also created as part of extended foster care, provides housing placement options for NMDs in extended foster care. THP-NMD is a licensed placement that provides housing and supportive services in a semi-supervised setting and is an ideal placement option for youth who are not ready to live entirely on their own but are also not suited for a foster home.

For those youth who are not in an approved placement, and therefore not receiving a foster care payment, a clothing allowance could provide the needed supplement until such time they are living in an approved placement and would be eligible for additional supports and services.

Pregnant foster youth. Beginning January 1, 2022, direct payments in the amount of $2,700 to pregnant foster youth, which includes minors and NMDs, were authorized to be disbursed approximately three months prior to the youth's due date. These payments are available to pregnant foster youth currently receiving AFDC-FC payments who are living in an approved placement. This bill would authorize these same payments to pregnant foster youth who, for whatever reason, are not living in an approved placement and are therefore, not eligible for foster care payments. This payment is intended to assist with the items new parents need such as car seats, cribs, and clothes for the infant or maternity clothes for the pregnant youth. A 2019 report from the Data Network shows there is an increased risk of CPS involvement among children born to mothers in foster care. Their report found that 53% of children born to mothers in care are reported to CPS by age three.

California Statewide Automated Welfare System. CalSAWS is the case management system for social services programs that is being designed to provide eligibility determination, benefits calculation and issuance, in addition to information management, for all of California's 58 counties. Counties that do provide a clothing allowance, currently process checks for the clothing allowance individually, to be sent to eligible foster youth. Although this bill's provisions include foster youth living in unapproved settings, these youth are not necessarily unknown to the counties, and could have their clothing allowance payments mailed to them wherever they are residing. This bill would require CDSS to work with CWDA and CalSAWS to develop and implement the necessary system changes to implement the clothing allowance payment and would further require these payments to be automated on July 1, 2024, or when CDSS notifies the Legislature that CalSAWS can perform the necessary automation to implement it, whichever is later.

Equity Impact: Many children in foster care experience frequent placement changes and data show that for youth who are in care for 24 months or longer, 15% experienced five or more placements, and 44% experienced three or more placements. Foster youth disproportionally are low-income when compared to their non-foster youth peers. The vast majority of children who are placed in California's foster care system have been removed from low-income households, roughly half of them living below the federal poverty level. The average annual income of foster youth age 18 to 21 was $9,740, placing them well below the federal poverty line. Without adequate funding, the end result for many youth is a cycle of homelessness and falling deeper into poverty. Providing direct payments to youth is a meaningful way to reduce inequities experienced by low-income communities, LGBTQ youth, and communities of color, in which foster youth are overrepresented. At a pivotal time in a young adult's life, providing adequate assistance allows foster youth to attend college, a trade school, find a career path, or even get any necessary mental health care. Allowing these youth to begin their adult life on a more level playing field could provide bountiful rewards and create more equity between peers. This bill directly supports foster youth in counties that provide clothing stipends and pregnant foster youth who are in temporary placements, both of whom are a part of a vulnerable community. This bill would provide eligible foster youth with the support they desperately need in order to sufficiently support themselves and their newborn, as well as ensure that they are able to dress appropriately for the weather and are able to buy clothes that will help them prepare for employment and school attendance.

According to the Author

"[This bill] will ensure that foster youth receive specified benefits regardless of whether they are in an approved placement. These requirements will improve the conditions of foster youth in limited situations, particularly those who are unable to secure an approved placement because of the lack of sufficient housing."

Arguments in Support

The Alliance for Children's Rights writes in support, "The requirement that youth reside in an approved placement in order to receive crucial funding has been shown to be a barrier to a number of youth. While a minor or nonminor dependent is eligible for certain services and supports while in foster care, including supplemental support for pregnant individuals, and a clothing allowance if provided by the county, youth currently are ineligible for these payments if they do not reside in an approved placement setting. Because of the lack of sufficient housing for transition age youth in foster care, many youth experience periods of homelessness and/or housing instability while in care. Under current law, youth cannot receive funding meant for their day-to-day survival when they are unhoused or in unapproved placements, which is when they need these funds the most. AB 1112 will help ensure that foster youth have the benefits they need to survive precisely when they are most vulnerable--when their housing is unstable."

Arguments in Opposition

No opposition on file

FISCAL COMMENTS

According to the Senate Appropriations Committee Analysis on September 1, 2023: CDSS estimates:

1. Unknown General Fund costs to expand the expected parent payments; the estimated cost per 100 cases is $280,000. To the extent the bill increases county costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment, the bill would apply to local agencies only to the extent that the state provides annual funding for the cost increases.
2. Unknown one-time General Fund costs for automation of payments, ranging from hundreds of thousands to low millions. In addition, potential one-time General Fund costs of $300,000 for updates to the Child Welfare Services California Automated Response and Engagement System (CARES).
3. General Fund costs of $173,000 in 2023-24 and $169,000 ongoing thereafter for CDSS for state administration.

VOTES

ASM HUMAN SERVICES: 7-0-1

YES: Jackson, Sanchez, Alanis, Arambula, Bryan, Calderon, Garcia

ABS, ABST OR NV: Bonta

ASM APPROPRIATIONS: 15-0-1

YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Sanchez, Weber, Ortega

ABS, ABST OR NV: Robert Rivas

ASSEMBLY FLOOR: 79-0-1

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon

ABS, ABST OR NV: Gabriel

SENATE FLOOR: 39-0-1

YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

ABS, ABST OR NV: Caballero

ASSEMBLY FLOOR: 80-0-0

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones‑Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

UPDATED

VERSION: September 18, 2023

CONSULTANT: Jessica Langtry / HUM. S. / (916) 319-2089 FN: 0002521

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1112

Author:(McKinnor)

As Amended Ver:September 1, 2023

Majority vote

SUMMARY

Requires counties that opt to provide a clothing allowance to foster youth living in an approved placement, to also provide a clothing allowance to foster youth not residing in an approved placement, and provides that pregnant foster youth living in an unapproved placement are eligible for the expectant parent payment.

Senate Amendments

Make technical changes to conform to AB 120 (Budget Committee), Chapter 43, Statutes of 2023.

COMMENTS

Extended foster care and placement options. California was one of the first states to opt in to the federal opportunity to create an extended foster care program which represented a historic expansion of services to foster youth and was intended to improve outcomes for youth who often faced enormous challenges as they emancipated from the foster care system at 18 years old, often facing poverty, homelessness, and incarceration. 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 child welfare services (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.

Beginning with the 2011-12 fiscal year, the state ceased participation in providing foster youth a clothing allowance in addition to the basic rate, and now allows counties to opt in to providing a clothing allowance. Existing law defines a "clothing allowance" to mean the amount paid by a county, at the county's option, in addition to the basic rate for the provision of additional clothing for a child which can include an initial supply of clothing and school or other uniforms. The frequency and level of funding is based on the needs of the child, as determined by the county. Foster youth in extended foster care continue to receive foster care payment services up to the day before the youth turns 21 years old, as long as they are meeting specified participation requirements and living in an approved setting.

This bill would require counties who have opted to provide a clothing allowance, to also provide the clothing allowance to foster youth living in an unapproved placement, who would otherwise be eligible to have foster care payments paid on their behalf.

Eligible placement options for NMDs include:

1. A certified Resource Family Home; the home of a relative or non-related extended family member; licensed foster family home; certified foster family agency home; or the home of a non-related legal guardian if the guardianship was established in juvenile court and the youth is still under juvenile court jurisdiction with a foster care placement order.
2. A Short-Term Residential Therapeutic Program or a group home.
3. A Transitional Housing Placement Program for Nonminor Dependent (THPP-NMD), formerly known as THP+FC. This placement option provides housing and intensive support services and includes three different models.
4. A Supervised Independent Living Placement (SILP).

SILPs were created as a type of placement as part of extended foster care and are designed for youth between the ages of 18 and 21. Unlike other foster care placements, youth in SILPs are responsible for identifying and securing their own housing, which can include apartments rented alone or with roommates. As of July 1, 2022, the SILP was the single-most utilized placement in California, with a total of 3,361, or 41% NMDs. As part of the eligibility process, youth are required to undergo a SILP readiness assessment to determine if they are prepared to live independently before they can be placed. If the assessment determines that the NMD can live independently, the youth can receive their foster care payment directly upon approval of a placement. For NMDs who are aren't ready for a SILP, the THP-NMD program, also created as part of extended foster care, provides housing placement options for NMDs in extended foster care. THP-NMD is a licensed placement that provides housing and supportive services in a semi-supervised setting and is an ideal placement option for youth who are not ready to live entirely on their own but are also not suited for a foster home.

For those youth who are not in an approved placement, and therefore not receiving a foster care payment, a clothing allowance could provide the needed supplement until such time they are living in an approved placement and would be eligible for additional supports and services.

Pregnant foster youth. Beginning January 1, 2022, direct payments in the amount of $2,700 to pregnant foster youth, which includes minors and NMDs, were authorized to be disbursed approximately three months prior to the youth's due date. These payments are available to pregnant foster youth currently receiving AFDC-FC payments who are living in an approved placement. This bill would authorize these same payments to pregnant foster youth who, for whatever reason, are not living in an approved placement and are therefore, not eligible for foster care payments. This payment is intended to assist with the items new parents need such as car seats, cribs, and clothes for the infant or maternity clothes for the pregnant youth. A 2019 report from the Data Network shows there is an increased risk of CPS involvement among children born to mothers in foster care. Their report found that 53% of children born to mothers in care are reported to CPS by age three.

California Statewide Automated Welfare System. CalSAWS is the case management system for social services programs that is being designed to provide eligibility determination, benefits calculation and issuance, in addition to information management, for all of California's 58 counties. Counties that do provide a clothing allowance, currently process checks for the clothing allowance individually, to be sent to eligible foster youth. Although this bill's provisions include foster youth living in unapproved settings, these youth are not necessarily unknown to the counties, and could have their clothing allowance payments mailed to them wherever they are residing. This bill would require CDSS to work with CWDA and CalSAWS to develop and implement the necessary system changes to implement the clothing allowance payment and would further require these payments to be automated on July 1, 2024, or when CDSS notifies the Legislature that CalSAWS can perform the necessary automation to implement it, whichever is later.

Equity Impact: Many children in foster care experience frequent placement changes and data show that for youth who are in care for 24 months or longer, 15% experienced five or more placements, and 44% experienced three or more placements. Foster youth disproportionally are low-income when compared to their non-foster youth peers. The vast majority of children who are placed in California's foster care system have been removed from low-income households, roughly half of them living below the federal poverty level. The average annual income of foster youth age 18 to 21 was $9,740, placing them well below the federal poverty line. Without adequate funding, the end result for many youth is a cycle of homelessness and falling deeper into poverty. Providing direct payments to youth is a meaningful way to reduce inequities experienced by low-income communities, LGBTQQ youth, and communities of color, in which foster youth are overrepresented. At a pivotal time in a young adult's life, providing adequate assistance allows foster youth to attend college, a trade school, find a career path, or even get any necessary mental health care. Allowing these youth to begin their adult life on a more level playing field could provide bountiful rewards and create more equity between peers. This bill directly supports foster youth in counties that provide clothing stipends and pregnant foster youth who are in temporary placements, both of whom are a part of a vulnerable community. This bill would provide eligible foster youth with the support they desperately need in order to sufficiently support themselves and their newborn, as well as ensure that they are able to dress appropriately for the weather and are able to buy clothes that will help them prepare for employment and school attendance.

According to the Author

"[This bill] will ensure that foster youth receive specified benefits regardless of whether they are in an approved placement. These requirements will improve the conditions of foster youth in limited situations, particularly those who are unable to secure an approved placement because of the lack of sufficient housing."

Arguments in Support

The Alliance for Children's Rights writes in support, "The requirement that youth reside in an approved placement in order to receive crucial funding has been shown to be a barrier to a number of youth. While a minor or nonminor dependent is eligible for certain services and supports while in foster care, including supplemental support for pregnant individuals, and a clothing allowance if provided by the county, youth currently are ineligible for these payments if they do not reside in an approved placement setting. Because of the lack of sufficient housing for transition age youth in foster care, many youth experience periods of homelessness and/or housing instability while in care. Under current law, youth cannot receive funding meant for their day-to-day survival when they are unhoused or in unapproved placements, which is when they need these funds the most. AB 1112 will help ensure that foster youth have the benefits they need to survive precisely when they are most vulnerable--when their housing is unstable."

Arguments in Opposition

No opposition on file

FISCAL COMMENTS

According to the Senate Appropriations Committee Analysis on September 1, 2023: CDSS estimates:

1. Unknown General Fund costs to expand the expected parent payments; the estimated cost per 100 cases is $280,000. To the extent the bill increases county costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment, the bill would apply to local agencies only to the extent that the state provides annual funding for the cost increases.
2. Unknown one-time General Fund costs for automation of payments, ranging from hundreds of thousands to low millions. In addition, potential one-time General Fund costs of $300,000 for updates to the Child Welfare Services California Automated Response and Engagement System (CARES).
3. General Fund costs of $173,000 in 2023-24 and $169,000 ongoing thereafter for CDSS for state administration.

VOTES:

ASM HUMAN SERVICES: 7-0-1

YES: Jackson, Sanchez, Alanis, Arambula, Bryan, Calderon, Garcia

ABS, ABST OR NV: Bonta

ASM APPROPRIATIONS: 15-0-1

YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Sanchez, Weber, Ortega

ABS, ABST OR NV: Robert Rivas

ASSEMBLY FLOOR: 79-0-1

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon

ABS, ABST OR NV: Gabriel

SENATE FLOOR: 39-0-1

YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

ABS, ABST OR NV: Caballero

UPDATED

VERSION: September 1, 2023

CONSULTANT: Jessica Langtry / HUM. S. / (916) 319-2089 FN: 0002033

SENATE COMMITTEE ON

Senator Anthony Portantino, Chair

2023 - 2024 Regular Session

AB 1112 (McKinnor) - Foster youth

Bill Summary:

AB 1112 would require counties that opt to provide a clothing allowance to foster youth living in an approved placement to also provide a clothing allowance to foster youth not residing in an approved placement; and would provide that pregnant foster youth not living in an approved placement are eligible for the expectant parent payment.

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

The following information is revised to reflect amendments

adopted by the committee on August 28, 2023

Fiscal Impact:

The California Department of Social Services (CDSS) estimates:

• Unknown General Fund costs to expand the expected parent payments; the estimated cost per 100 cases is $280,000. To the extent the bill increases county costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment, the bill would apply to local agencies only to the extent that the state provides annual funding for the cost increases.
• Unknown one-time General Fund costs for automation of payments, ranging from hundreds of thousands to low millions. In addition, potential one-time General Fund costs of $300,000 for updates to the Child Welfare Services California Automated Response and Engagement System (CARES).
• General Fund costs of $173,000 in 2023-24 and $169,000 ongoing thereafter for CDSS for state administration.

Committee Amendments:

Committee amendments make technical changes to incorporate updates to a code section.

-- END --

 THIRD READING  

Bill No: AB 1112

Author: McKinnor (D)

Amended: 9/1/23 in Senate

Vote: 21

SENATE HUMAN SERVICES COMMITTEE: 5-0, 7/3/23

AYES: Alvarado-Gil, Ochoa Bogh, Hurtado, Menjivar, Wahab

SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/23

AYES: Portantino, Jones, Ashby, Bradford, Seyarto, Wahab, Wiener

ASSEMBLY FLOOR: 79-0, 5/31/23 - See last page for vote

SUBJECT: Foster youth

SOURCE: Children’s Law Center of California

DIGEST:

This bill requires counties that opt to provide a clothing allowance to foster youth living in an approved placement, to also provide a clothing allowance to foster youth not residing in an approved placement, and provides that pregnant youth living in an unapproved placement are eligible for the expectant parent payment. This bill also requires CDSS to develop and implement automated payments for these purposes, as specified.

ANALYSIS:

Existing law:

1. Establishes a system of juvenile dependency for children for specified reasons, including but not limited to children who are, or are at risk of, being physically, sexually, or emotionally abused, being neglected or being exploited, to ensure their safety, protection, and physical and emotional well-being, as specified. (WIC 300 et seq.)
2. Requires, commencing January 1, 2022, the rate paid for a pregnant minor or NMD for the three-month period immediately prior to the month in which the birth is anticipated to include the amount that would otherwise be paid to cover the care and supervision of a child, if born. Further, requires any amount paid to be an expectant parent payment used to meet the specialized needs of the pregnant minor or NMD and to properly prepare for the needs of the infant. (WIC 11465(e)(1))
3. Provides that nothing precludes a county from using a portion of its county funds to increase rates paid to family homes, foster family agencies, group homes, and short-term residential therapeutic programs within that county, and to make payments for specialized care increments, clothing allowances, or infant supplements to homes within that county, solely at that county’s expense (WIC 11460(e))
4. Requires, commencing January 1, 2022, the rate paid for a pregnant minor or NMD for the three-month period immediately prior to the month in which the birth is anticipated to include the amount that would otherwise be paid to cover the care and supervision of a child, if born. Further, requires any amount paid to be an expectant parent payment used to meet the specialized needs of the pregnant minor or NMD and to properly prepare for the needs of the infant. (WIC 11465(e)(1))
5. Defines “specialized care increment” to mean an amount paid on behalf of a child requiring specialized care to a home in addition to the basic rate, as specified and prohibits the specialized care increment from being paid to a nonminor dependent placed in a supervised independent living setting, as defined. (WIC 11461 (e)(1))

This bill:

1. Requires a county, if it opts to provide a clothing allowance in addition to the basic rate, to provide the clothing allowance to a youth or NMD who is under the court’s dependency jurisdiction and who would be eligible to have foster care payments paid on their behalf but for the minor or NMD not residing in an approved placement.
2. Provides that a pregnant foster youth not living in an approved placement is eligible for the expected parent rate paid to a pregnant minor or NMD living in an approved placement, for the three-month period immediately prior to the month in which the birth is anticipated. Further requires the expectant parent payment be used to meet the specialized needs of the pregnant minor or NMD, and to properly prepare for the needs of the infant.
3. Requires the California Department of Social Services (CDSS) to work with the County Welfare Directors Association of California (CWDA) and the California Statewide Automated Welfare System (CalSAWS) to develop and implement the necessary system changes to implement the clothing allowance payment and the expectant parent payment.
4. Requires these payments to be automated on July 1, 2024, or when CDSS notifies the Legislature that CalSAWS can perform the necessary automation to implement it, whichever is later.
5. Makes technical changes to conform to recently enacted law.

Background

According to the author, “AB 1112 will ensure that foster youth receive specified benefits regardless of whether they are in an approved placement. These requirements will improve the conditions of foster youth in limited situations, particularly those who are unable to secure an approved placement because of the lack of sufficient housing.”

Child Welfare Services (CWS). The 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 2022, the state’s child welfare agencies received 440,212 reports of abuse or neglect. Of these, 51,806 reports contained allegations that were substantiated and 19,953 children were removed from their homes and placed into foster care via the CWS system. On January 1, 2023, there were 52,265 children in the CWS system in California.

Extended Foster Care (EFC). 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: 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. 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 plan. Additionally, existing law permits 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. As of April 1, 2023 there were an estimated 7,105 youth in California participating in extended foster care.

Foster Care and Extended Foster Care (EFC) Services. While receiving foster care and EFC, the minor and NMD are eligible for certain services and supports during the time they are residing in a county welfare department approved placement. Approved placements include but are not limited to, the following placement types:

• A certified Resource Family Home; the home of a relative or Non-Related Extended Family Member (NREFM); licensed foster family home; certified foster family agency home; or the home of a non-related legal guardian, if the guardianship was established in juvenile court and the youth is still under juvenile court jurisdiction with a foster care placement order.
• A Short-Term Residential Therapeutic Program (STRTP) is a residential facility operated by a public agency or private organization and licensed by the CDSS that provides an integrated program of specialized and intensive care and supervision, services and supports, non-medical treatment, and short-term, 24-hour care and supervision to children that is trauma-informed.
• A Transitional Housing Placement Program for NMD (THPP-NMD), formerly known as THP+ Foster Care. This placement option provides housing and intensive support services to NMD in care.
• A Supervised Independent Living Placement (SILP). This placement option allows youth to live independently in a variety of settings. Eligible NMD can live alone or with a roommate(s), while still receiving supervision from a social worker/probation officer.

Supports for minors and NMD can include supplemental supports for pregnant individuals, and if provided by the county, a clothing allowance. Under current state law, the additional payments are tied to the minor or NMD residing in an approved placement setting and are paid through the provider’s rate. There may be many reasons why a foster youth or NMD may not always be living in a county approved placement setting. This includes lack of placements made by the county, necessitating that the youth or NMD is temporarily in an unapproved setting, transitioning from one placement to another placement, issues at their approved placement that make it difficult for the youth to remain there, among others. Often the youth or NMDs whereabouts are known by the social worker or probation officer, including youth who are placed in resource family homes that are pending approval.

Clothing Allowance. In 2011, as a cost cutting measure, the state stopped providing foster youth a clothing allowance in addition to the basic foster care payment rate. However, counties do have the option to provide a clothing allowance using county-only funding. It was not immediately clear which counties choose to provide the supplement. A clothing allowance may include payments for initial or replacement sets clothing for the foster child or NMD, as well as for school clothing or other uniforms. Participating counties determine the frequency and level of funding based on the needs of the child. Foster youth and NMDs must be receiving a monthly foster care payment to be eligible for a clothing allowance, which means they must be living in approved placements.

This bill requires counties that opt to provide a clothing allowance, to also provide the clothing allowance to a foster child or NMD who would otherwise be eligible to have foster care payments paid on their behalf, but for the fact that they are not residing in a county approved placement.

Expectant Parent Payment. In California, by the age of 19, foster youth are more than twice as likely as those not in foster care to experience a pregnancy, with two-thirds of those youth describing the pregnancies as unintended. Young parents in foster care are at increased risk for dropping out of school, unemployment, poverty, mental health issues, and child care concerns. Through AB 153 (Committee on Budget, Chapter 86, Statutes of 2021) beginning on January 1, 2022, pregnant foster youth or NMD currently receiving AFDC-FC payments who are living in an approved placement may receive $900 per month for the three-month period immediately prior to the month in which the birth of their child is anticipated. This rate is the amount that would otherwise be paid to cover the care and supervision of the child, if born. This payment is intended to assist with the items new parents need such as car seats, cribs, and clothes for the infant or maternity clothes for the pregnant youth. A 2019 report from the Data Network shows there is an increased risk of CPS involvement among children born to mothers in foster care. Their report found that 53 percent of children born to mothers in care are reported to CPS by age three.

CDSS is also required to work with CWDA and CalSAWS to develop and implement the necessary system changes to implement the expectant parent payment so that automation may begin on July 1, 2023, or when the department notifies the Legislature that CalSAWS can perform the necessary automation to implement it, whichever is later. While automation is being developed for the expectant parent payment in the CalSAWS system, counties are required to issue a single payment in one lump sum for an expectant minor or NMD equal to three times the monthly amount paid, or $2700. Counties are currently also required to issue the expectant parent payment in the month that is three months prior to the expected due date of the minor or NMD child, or as soon as the county becomes aware of the pregnancy, and regardless of the date of entry into foster care or outcome of the pregnancy.

This bill seeks to also provide supportive services benefits to youth or NMD who are not currently residing in an approved county placement, for whatever reason, but whose whereabouts are known to the county.

Statewide Automated Welfare System (SAWS). CDSS is involved in a significant technology project known as the California Statewide Automated Welfare System (CalSAWS) project. The CalSAWS system is an automated, integrated eligibility and case management system that supports key public assistance programs, including CWS system and CalWORKs, and is expected to serve all counties by the end of 2023. For counties that chose to provide their eligible foster youth with a clothing allowance, counties process the payments for this allowance by sending them checks. Although the bill’s provisions include foster youth living in unapproved settings, these youth’s whereabouts are not necessarily unknown to the counties, and therefore could have their clothing allowance payments mailed to them. This bill would require CDSS to work with CWDA and CalSAWS to develop and implement the necessary system changes to automate the pregnancy related and clothing allowance payments. This bill also would require both of these payments to be automated on July 1, 2024, or when CDSS notifies the Legislature that CalSAWS can perform the necessary automation to implement it, whichever is later.

Related/Prior Legislation

AB 2189 (Friedman, 2022) among other provisions, included provisions similar to this bill. The bill was vetoed by the Governor.

AB 153 (Committee on Budget, Chapter 86, Statutes of 2021) among other provisions, allowed a pregnant minor or NMD to be eligible for the infant supplement for a specified period before the expected date of birth. Further, required CDSS to develop and implement automated payments for these purposes by July 2023.

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

According to the Senate Appropriations Committee Analysis, CDSS estimates:

• Unknown General Fund costs to expand the expected parent payments; the estimated cost per 100 cases is $280,000. To the extent the bill increases county costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment, the bill would apply to local agencies only to the extent that the state provides annual funding for the cost increases.
• Unknown one-time General Fund costs for automation of payments, ranging from hundreds of thousands to low millions. In addition, potential one-time General Fund costs of $300,000 for updates to the Child Welfare Services California Automated Response and Engagement System (CARES).
• General Fund costs of $173,000 in 2023-24 and $169,000 ongoing thereafter for CDSS for state administration.

SUPPORT: (Verified 9/2/23)

Children's Law Center of California (source)

California Alliance of Caregivers
Children Now
County of Santa Clara
National Association of Social Workers, California Chapter
The Alliance for Children's Rights

OPPOSITION: (Verified 9/2/23)

None received

ASSEMBLY FLOOR: 79-0, 5/31/23

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon

NO VOTE RECORDED: Gabriel

Prepared by: Bridgett Hankerson / HUMAN S. / (916) 651-1524

9/4/23 10:44:45

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2023 - 2024 Regular Session

AB 1112 (McKinnor) - Foster youth

Bill Summary:

AB 1112 would require counties that opt to provide a clothing allowance to foster youth living in an approved placement to also provide a clothing allowance to foster youth not residing in an approved placement; and would provide that pregnant foster youth not living in an approved placement are eligible for the expectant parent payment.

Fiscal Impact:

The California Department of Social Services (CDSS) estimates:

• Unknown General Fund costs to expand the expected parent payments; the estimated cost per 100 cases is $280,000. To the extent the bill increases county costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment, the bill would apply to local agencies only to the extent that the state provides annual funding for the cost increases.
• Unknown one-time General Fund costs for automation of payments, ranging from hundreds of thousands to low millions. In addition, potential one-time General Fund costs of $300,000 for updates to the Child Welfare Services California Automated Response and Engagement System (CARES).
• General Fund costs of $173,000 in 2023-24 and $169,000 ongoing thereafter for CDSS for state administration.

Background:

Existing law 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. While in foster care, the minor and nonminor dependents are eligible for certain services and supports during the time they are residing in a county welfare department approved placement.

Currently, counties have the option to provide a clothing allowance using county-only funding. A clothing allowance may include payments for an initial supply of clothing for the foster youth, as well as for school clothing or other uniforms. Participating counties determine the frequency and level of funding based on the needs of the child. Foster youth must be receiving a monthly foster care payment to be eligible for a clothing allowance, which means they must be living in approved placements.

Also, pregnant foster youth currently receiving foster care payments who are living in an approved placement may receive $900 per month for the three-month period immediately prior to the month in which the birth of their child is anticipated. This payment is intended to assist with the items new parents need such as car seats, cribs, and clothes for the infant or maternity clothes for the pregnant youth.

Proposed Law:

Specific provisions of the bill would:

• Require that if a county opts to provide a clothing allowance, the county must also provide the clothing allowance to a minor or nonminor dependent who is under the dependency jurisdiction of the juvenile court and who would be eligible to have foster care payments paid on their behalf but for the minor or nonminor dependent is not residing in an approved placement.
• Require that if a pregnant minor or nonminor dependent who is under the dependency jurisdiction of the juvenile court and who would be eligible to have foster care benefits paid on their behalf but for the minor or nonminor dependent is not residing in an approved placement, they must be eligible for the expected parent payment.
• Require the clothing payments and expected parent payments to be automated on July 1, 2024, or when CDSS notifies the Legislature that CalSAWS can perform the necessary automation to implement it, whichever is later.

Related Legislation: AB 2189 (Friedman, 2022), among other provisions, included provisions similar to this bill. The bill was vetoed by the Governor.

Staff Comments: The author may want to consider technical amendments to address code section conflicts with AB 120 (Committee on Budget, Chapter 43, Statutes of 2023).

-- END --

SENATE COMMITTEE ON HUMAN SERVICES

Senator Alvarado-Gil, Chair

2023 - 2024 Regular

Subject: Foster youth

SUMMARY

This bill requires counties that opt to provide a clothing allowance to foster youth living in an approved placement, to also provide a clothing allowance to foster youth not residing in an approved placement, and provides that pregnant youth living in an unapproved placement are eligible for the expectant parent payment.

ABSTRACT

Existing Law:

1. Establishes a system of juvenile dependency for children for specified reasons, including but not limited to children who are, or are at risk of, being physically, sexually, or emotionally abused, being neglected or being exploited, to ensure their safety, protection, and physical and emotional well-being, as specified. (WIC 300 et seq.)
2. States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being physically, sexually, or emotionally abused, neglected or exploited, and to ensure the safety, protection, and physical and emotional well-being of children who are at risk of harm. (WIC 300.2)
3. Declares the intent of the Legislature to, whenever possible, preserve and strengthen a child’s family ties and, when a child must be removed from the physical custody of his or her parents, to give preferential consideration to placement with relatives. States the intent of the Legislature to reaffirm its commitment to children who are in out-of-home placement to live in the least restrictive family setting and as close to the child’s family as possible, as specified. Further states the intent of the Legislature that all children live with a committed, permanent, nurturing family and states that services and supports should be tailored to meet the specific needs of the individual child and family being served, as specified. (WIC 16000)
4. Requires out-of-home placement of a child in foster care to be based upon selection of a safe setting that is the least restrictive family setting that promotes normal childhood experiences and is the most appropriate setting that meets the child’s individual needs, as specified. Further, requires the selection of placement to consider, in order of priority, placement with: relatives, nonrelative extended family members (NREFM), and tribal members; foster family homes, resource families, and approved or certified homes of foster family agencies, followed by intensive services for foster care homes or multidimensional treatment foster care homes or therapeutic foster care homes; group care placements in the order of short-term residential therapeutic programs (STRTP), group homes, community treatment facilities, and out-of-state residential treatment, as specified. (WIC 16501.1(d)(1))
5. Requires, commencing January 1, 2022, the rate paid for a pregnant minor or NMD for the three-month period immediately prior to the month in which the birth is anticipated to include the amount that would otherwise be paid to cover the care and supervision of a child, if born. Further, requires any amount paid to be an expectant parent payment used to meet the specialized needs of the pregnant minor or NMD and to properly prepare for the needs of the infant. (WIC 11465(e)(1))
6. Provides that nothing precludes a county from using a portion of its county funds to increase rates paid to family homes, foster family agencies, group homes, and short-term residential therapeutic programs within that county, and to make payments for specialized care increments, clothing allowances, or infant supplements to homes within that county, solely at that county’s expense (WIC 11460(e))

This Bill:

1. Requires a county, if it opts to provide a clothing allowance in addition to the basic rate, to provide the clothing allowance to a youth or NMD who is under the court’s dependency jurisdiction and who would be eligible to have foster care payments paid on their behalf but for the minor or NMD not residing in an approved placement.
2. Provides that a pregnant foster youth not living in an approved placement is eligible for the expected parent rate paid to a pregnant minor or NMD living in an approved placement, for the three-month period immediately prior to the month in which the birth is anticipated. Further requires the expectant parent payment be used to meet the specialized needs of the pregnant minor or NMD, and to properly prepare for the needs of the infant.
3. Requires the California Department of Social Services (CDSS) to work with the County Welfare Directors Association of California (CWDA) and the California Statewide Automated Welfare System (CalSAWS) to develop and implement the necessary system changes to implement the clothing allowance payment and the expectant parent payment.
4. Requires these payments to be automated on July 1, 2024, or when CDSS notifies the Legislature that CalSAWS can perform the necessary automation to implement it, whichever is later.
5. Requires 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 within the meaning of the California Constitution, as specifed, it must apply to local agencies only to the extent that the state provides annual funding for the cost increase. Provides that any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided not require a subvention of funds by the state or otherwise be subject to the California Constitution, as specified.

FISCAL IMPACT

According to the Assembly Appropriations analysis, estimated one-time General Fund (GF) automation costs of $1.8 million, for changes to the Child Welfare Services - California Automated Response and Engagement System (CWS-CARES) and the CalSAWS to accommodate extended payments to foster youth and NMDs who would otherwise not be eligible. Due to the required collaboration between CDSS and CWDA and the flexible automation implementation date provided in the bill, these costs could be substantially less.

Ongoing GF costs of an unknown amount, but potentially in the low- to mid-hundreds of thousands of dollars annually, for increased workload to county social workers to administer and provide the extended expectant parent benefits. These costs are difficult to estimate because the caseload is unknown. For illustration, if 100 foster youth each received the $900 monthly benefit for three months, paid in a $2,700 lump sum (as the bill requires), the monthly GF costs would be $280,000 ongoing, assuming one hour of social worker time per case and 100 new cases each month. Actually costs will vary depending on caseload.

Although these county costs are mandated by the state, they are not reimbursable, but instead must be paid by the state pursuant to Proposition 30 of 2012. Proposition 30 provides that legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by realignment (including child welfare services and foster care) applies to local agencies only to the extent the state provides annual funding for the cost increase.

BACKGROUND AND DISCUSSION

Purpose of the Bill:

According to the author, “AB 1112 will ensure that foster youth receive specified benefits regardless of whether they are in an approved placement. These requirements will improve the conditions of foster youth in limited situations, particularly those who are unable to secure an approved placement because of the lack of sufficient housing.”

Child Welfare Services (CWS)

The 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 2022, the state’s child welfare agencies received 440,212 reports of abuse or neglect. Of these, 51,806 reports contained allegations that were substantiated and 19,953 children were removed from their homes and placed into foster care via the CWS system. On January 1, 2023, there were 52,265 children in the CWS system in California.

Extended Foster Care (EFC)

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: 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. 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 plan. Additionally, existing law permits 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.

A study by the University of Chicago’s Chapin Hall evaluated the impacts of EFC on outcomes for transition age foster youth in California. The study found that for each additional year a youth spent in EFC increased the probability that they completed a high school credential by about 8 percent and of enrolling in college by up to 11 percent. Additionally EFC decrease incidents of NMDs either becoming pregnant, becoming a parent, or being homeless or couch-surfing between the ages of 17 and 21 by 28 percent. Youth participation in the program has exceeded expectations. As of January 1, 2023 there were an estimated 7,984 youth in California participating in extended foster care.

Foster Care and Extended Foster Care (EFC) Services

While receiving foster care and EFC, the minor and NMD are eligible for certain services and supports during the time they are residing in a county welfare department approved placement. Approved placements include but are not limited to, the following placement types:

• A certified Resource Family Home; the home of a relative or Non-Related Extended Family Member (NREFM); licensed foster family home; certified foster family agency home; or the home of a non-related legal guardian, if the guardianship was established in juvenile court and the youth is still under juvenile court jurisdiction with a foster care placement order.
• A Short-Term Residential Therapeutic Program (STRTP) is a residential facility operated by a public agency or private organization and licensed by the CDSS that provides an integrated program of specialized and intensive care and supervision, services and supports, non-medical treatment, and short-term, 24-hour care and supervision to children that is trauma-informed.
• A Transitional Housing Placement Program for NMD (THPP-NMD), formerly known as THP+ Foster Care. This placement option provides housing and intensive support services to NMD in care.
• A Supervised Independent Living Placement (SILP). This placement option allows youth to live independently in a variety of settings. Eligible NMD can live alone or with a roommate(s), while still receiving supervision from a social worker/probation officer.

Supports for minors and NMD can include supplemental supports for pregnant individuals, and if provided by the county, a clothing allowance. Under current state law, the additional payments are tied to the minor or NMD residing in an approved placement setting and are paid through the provider’s rate. There may be many reasons why a foster youth or NMD may not always be living in a county approved placement setting. This includes lack of placements made by the county, necessitating that the youth or NMD is temporarily in an unapproved setting, transitioning from one placement to another placement, issues at their approved placement that make it difficult for the youth to remain there, among others. Often the youth or NMDs whereabouts are known by the social worker or probation officer, including youth who are placed in resource family homes that are pending approval.

Clothing Allowance

In 2011, as a cost cutting measure, the state stopped providing foster youth a clothing allowance in addition to the basic foster care payment rate. However, counties do have the option to provide a clothing allowance using county-only funding. It was not immediately clear which counties choose to provide the supplement. A clothing allowance may include payments for initial or replacement sets clothing for the foster child or NMD, as well as for school clothing or other uniforms. Participating counties determine the frequency and level of funding based on the needs of the child. Foster youth and NMDs must be receiving a monthly foster care payment to be eligible for a clothing allowance, which means they must be living in approved placements.

This bill requires counties that opt to provide a clothing allowance, to also provide the clothing allowance to a foster child or NMD who would otherwise be eligible to have foster care payments paid on their behalf, but for the fact that they are not residing in a county approved placement.

Expectant Parent Payment

In California, by the age of 19, foster youth are more than twice as likely as those not in foster care to experience a pregnancy, with two-thirds of those youth describing the pregnancies as unintended. Young parents in foster care are at increased risk for dropping out of school, unemployment, poverty, mental health issues, and child care concerns. Through AB 153 (Committee on Budget, Chapter 86, Statutes of 2021) beginning on January 1, 2022, pregnant foster youth or NMD currently receiving AFDC-FC payments who are living in an approved placement may receive $900 per month for the three-month period immediately prior to the month in which the birth of their child is anticipated. This rate is the amount that would otherwise be paid to cover the care and supervision of the child, if born. This payment is intended to assist with the items new parents need such as car seats, cribs, and clothes for the infant or maternity clothes for the pregnant youth. A 2019 report from the Data Network shows there is an increased risk of CPS involvement among children born to mothers in foster care. Their report found that 53 percent of children born to mothers in care are reported to CPS by age three.

CDSS is also required to work with CWDA and CalSAWS to develop and implement the necessary system changes to implement the expectant parent payment so that automation may begin on July 1, 2023, or when the department notifies the Legislature that CalSAWS can perform the necessary automation to implement it, whichever is later. While automation is being developed for the expectant parent payment in the CalSAWS system, counties are required to issue a single payment in one lump sum for an expectant minor or NMD equal to three times the monthly amount paid, or $2700. Counties are currently also required to issue the expectant parent payment in the month that is three months prior to the expected due date of the minor or NMD child, or as soon as the county becomes aware of the pregnancy, and regardless of the date of entry into foster care or outcome of the pregnancy.

This bill seeks to also provide supportive services benefits to youth or NMD who are not currently residing in an approved county placement, for whatever reason, but whose whereabouts are known to the county.

Statewide Automated Welfare System (SAWS)

CDSS is involved in a significant technology project known as the California Statewide Automated Welfare System (CalSAWS) project. The CalSAWS system is an automated, integrated eligibility and case management system that supports key public assistance programs, including CWS system and CalWORKs, and is expected to serve all counties by the end of 2023. For counties that chose to provide their eligible foster youth with a clothing allowance, counties process the payments for this allowance by sending them checks. Although the bill’s provisions include foster youth living in unapproved settings, these youth’s whereabouts are not necessarily unknown to the counties, and therefore could have their clothing allowance payments mailed to them. This bill would require CDSS to work with CWDA and CalSAWS to develop and implement the necessary system changes to automate the pregnancy related and clothing allowance payments. This bill also would require both of these payments to be automated on July 1, 2024, or when CDSS notifies the Legislature that CalSAWS can perform the necessary automation to implement it, whichever is later.

Related/Prior Legislation:

AB 2189 (Friedman, 2022) was similar to this bill and would have required a court, if the youth agrees, to maintain jurisdiction over the youth, even after their 21st birthday, if they have not been provided with the required services, information, and documents prior to turning 21, as specified. This bill would have also required that certain foster care benefits be paid directly to the youth, regardless of whether they are living in an approved placement. AB 2189 was vetoed by Governor.

AB 153 (Committee on Budget, Chapter 86, Statutes of 2021) among other provisions, allowed a pregnant minor or NMD to be eligible for the infant supplement for a specified period before the expected date of birth. Further, required CDSS to develop and implement automated payments for these purposes by July 2023.

AB 2880 (Ting, 2020) would have required, subject to an appropriation, the rates paid to a transitional housing provider to be supplemented at a rate based on a percentage of the average foster care expenditures for foster youth according to their age and the county in which the program operates. This bill was held in the Assembly Human Services Committee; however, the provisions of the bill were included in the Budget Act through AB 79 (Committee on Budget, Chapter 11, Statutes of 2020).

AB 612 (Mitchell, Chapter 731, Statutes of 2017) made numerous changes to the program rules and educational requirements for transitional housing programs available to minors and NMDs in foster care.

AB 766 (Friedman, Chapter 710, Statutes of 2017) included a dormitory or other designated housing of a postsecondary educational institution in which a minor dependent who is living independently among the placement options in which a child or NMD must live in order to be eligible for certain foster care payments, as provided.

AB 1712 (Beall, Chapter 846, Statutes of 2012) enacted numerous technical, clarifying, and federal conformity changes to the California Fostering Connections to Success Act of 2010.

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.

COMMENTS

It is well documented that foster youth and former foster youth, struggle when compared to their non-foster youth peers in terms of their educational achievement, employment, and rates of homelessness. Youth in care and those who exit foster care, at any age, typically do not have the same system of support available to their non-system involved peers. According to the author, the bill seeks to ensure that all youth in care receive the services and supports the law currently only provides to youth still under the dependency court’s jurisdiction.

PRIOR VOTES

POSITIONS

Support:

Children’s Law Center of California (Sponsor)

California Alliance of Caregivers
Children Now
County of Santa Clara
National Association of Social Workers, California Chapter
The Alliance for Children’s Rights

Oppose:

None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1112

Author:(McKinnor)

As Introduced Ver:February 15, 2023

Majority vote

SUMMARY

Requires counties that opt to provide a clothing allowance to foster youth living in an approved placement, to also provide a clothing allowance to foster youth not residing in an approved placement, and provides that pregnant youth living in an unapproved placement are eligible for the expectant parent payment.

Major Provisions

1. Requires, if a county opts to provide a clothing allowance in addition to the basic rate, to foster youth for the provision of additional clothing, the county to also provide the clothing allowance to a minor or nonminor dependent (NMD), who is under the dependency jurisdiction of the juvenile court, and who would be eligible to have foster care payments paid on their behalf but for the minor or NMD not residing in an approved placement.
2. Requires, if a pregnant foster youth is not living in an approved placement, to also be eligible for the expected parent rate paid to a pregnant minor or NMD living in an approved placement, for the three-month period immediately prior to the month in which the birth is anticipated. Further requires the expectant parent payment used to meet the specialized needs of the pregnant minor or NMD, and to properly prepare for the needs of the infant.
3. Requires the California Department of Social Services (CDSS) to work with the County Welfare Directors Association of California (CWDA) and the California Statewide Automated Welfare System (CalSAWS) to develop and implement the necessary system changes to implement the clothing allowance payment.
4. Requires the payment to be automated on July 1, 2024, or when CDSS notifies the Legislature that CalSAWS can perform the necessary automation to implement it, whichever is later.

COMMENTS

Extended foster care and placement options. California was one of the first states to opt in to the federal opportunity to create an extended foster care program which represented a historic expansion of services to foster youth and was intended to improve outcomes for youth who often faced enormous challenges as they emancipated from the foster care system at 18 years old, often facing poverty, homelessness, and incarceration. 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 child welfare services (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.

Beginning with the 2011-12 fiscal year, the state ceased participation in providing foster youth a clothing allowance in addition to the basic rate, and now allows counties to opt in to providing a clothing allowance. Existing law defines a "clothing allowance" to mean the amount paid by a county, at the county's option, in addition to the basic rate for the provision of additional clothing for a child which can include an initial supply of clothing and school or other uniforms. The frequency and level of funding is based on the needs of the child, as determined by the county. Foster youth in extended foster care continue to receive foster care payment services up to the day before the youth turns 21 years old, as long as they are meeting specified participation requirements and living in an approved setting.

This bill would require counties who have opted to provide a clothing allowance, to also provide the clothing allowance to foster youth living in an unapproved placement, who would otherwise be eligible to have foster care payments paid on their behalf.

Eligible placement options for NMDs include:

1. A certified Resource Family Home; the home of a relative or non-related extended family member; licensed foster family home; certified foster family agency home; or the home of a non-related legal guardian if the guardianship was established in juvenile court and the youth is still under juvenile court jurisdiction with a foster care placement order.
2. A Short-Term Residential Therapeutic Program or a group home.
3. A Transitional Housing Placement Program for Nonminor Dependent (THPP-NMD), formerly known as THP+FC. This placement option provides housing and intensive support services and includes three different models:
   1. Host Family where the NMD lives with an approved adult who has been selected and approved by the transitional housing provider.
   2. Staffed Site where the NMD lives in an apartment, condominium or single family dwelling rented or leased by the housing provider with an employee living on site.
   3. Remote Site where the NMD lives independently in one of the housing types listed above with regular supervision from the provider.
4. A Supervised Independent Living Placement (SILP).

SILPs were created as a type of placement as part of extended foster care and are designed for youth between the ages of 18 and 21. Unlike other foster care placements, youth in SILPs are responsible for identifying and securing their own housing, which can include apartments rented alone or with roommates. As of July 1, 2022, the SILP was the single-most utilized placement in California, with a total of 3,361, or 41% NMDs. As part of the eligibility process, youth are required to undergo a SILP readiness assessment to determine if they are prepared to live independently before they can be placed. If the assessment determines that the NMD can live independently, the youth can receive their foster care payment directly upon approval of a placement. For NMDs who are aren't ready for a SILP, the THP-NMD program, also created as part of extended foster care, provides housing placement options for NMDs in extended foster care. THP-NMD is a licensed placement that provides housing and supportive services in a semi-supervised setting and is an ideal placement option for youth who are not ready to live entirely on their own but are also not suited for a foster home.

For those youth who are not in an approved placement, and therefore not receiving a foster care payment, a clothing allowance could provide the needed supplement until such time they are living in an approved placement and would be eligible for additional supports and services.

Pregnant foster youth. Beginning January 1, 2022, direct payments in the amount of $2,700 to pregnant foster youth, which includes minors and NMDs, were authorized to be disbursed approximately three months prior to the youth's due date. These payments are available to pregnant foster youth currently receiving AFDC-FC payments who are living in an approved placement. This bill would authorize these same payments to pregnant foster youth who, for whatever reason, are not living in an approved placement and are therefore, not eligible for foster care payments. This payment is intended to assist with the items new parents need such as car seats, cribs, and clothes for the infant or maternity clothes for the pregnant youth. A 2019 report from the Data Network shows there is an increased risk of CPS involvement among children born to mothers in foster care. Their report found that 53% of children born to mothers in care are reported to CPS by age three.

California Statewide Automated Welfare System. CalSAWS is the case management system for social services programs that is being designed to provide eligibility determination, benefits calculation and issuance, in addition to information management, for all of California's 58 counties. Counties that do provide a clothing allowance, currently process checks for the clothing allowance individually, to be sent to eligible foster youth. Although this bill's provisions include foster youth living in unapproved settings, these youth are not necessarily unknown to the counties, and could have their clothing allowance payments mailed to them wherever they are residing. This bill would require CDSS to work with CWDA and CalSAWS to develop and implement the necessary system changes to implement the clothing allowance payment and would further require these payments to be automated on July 1, 2024, or when CDSS notifies the Legislature that CalSAWS can perform the necessary automation to implement it, whichever is later.

Equity Impact: Many children in foster care experience frequent placement changes and data show that for youth who are in care for 24 months or longer, 15% experienced five or more placements, and 44% experienced three or more placements. Foster youth disproportionally are low-income when compared to their non-foster youth peers. The vast majority of children who are placed in California's foster care system have been removed from low-income households, roughly half of them living below the federal poverty level. The average annual income of foster youth age 18 to 21 was $9,740, placing them well below the federal poverty line. Without adequate funding, the end result for many youth is a cycle of homelessness and falling deeper into poverty. Providing direct payments to youth is a meaningful way to reduce inequities experienced by low-income communities, LGBTQQ youth, and communities of color, in which foster youth are overrepresented. At a pivotal time in a young adult's life, providing adequate assistance allows foster youth to attend college, a trade school, find a career path, or even get any necessary mental health care. Allowing these youth to begin their adult life on a more level playing field could provide bountiful rewards and create more equity between peers. his bill directly supports foster youth in counties that provide clothing stipends and pregnant foster youth who are in temporary placements, both of whom are a part of a vulnerable community. This bill would provide eligible foster youth with the support they desperately need in order to sufficiently support themselves and their newborn, as well as ensure that they are able to dress appropriately for the weather and are able to buy clothes that will help them prepare for employment and school attendance.

According to the Author

"[This bill] will ensure that foster youth receive specified benefits regardless of whether they are in an approved placement. These requirements will improve the conditions of foster youth in limited situations, particularly those who are unable to secure an approved placement because of the lack of sufficient housing."

Arguments in Support

According to the Alliance for Children's Rights, "The requirement that youth reside in an approved placement in order to receive crucial funding has been shown to be a barrier to a number of youth. While a minor or nonminor is eligible for certain services and supports while in foster care, including supplemental support for pregnant individuals, and a clothing allowance if provided by the county, youth currently are ineligible for these payments if they do not reside in an approved placement setting. Because of the lack of sufficient housing for transition age foster youth, many youth experience periods of homelessness and/or housing instability while in care. Under current law, youth cannot receive funding meant for their day-to-day survival when they are unhoused or in unapproved placements, which is when they need these funds the most. [This bill] will help ensure that foster youth have the benefits they need to survive precisely when they are most vulnerable – when their housing is unstable."

Arguments in Opposition

None on file

FISCAL COMMENTS

According to the Assembly Appropriations Committee on May, 3, 2023:

1. Estimated one-time General Fund (GF) automation costs of $1.8 million, for changes to the Child Welfare Services - California Automated Response and Engagement System (CWS-CARES) and the California Statewide Automated Welfare System (CalSAWS) to accommodate extended payments to foster youth and NMDs who would otherwise not be eligible. Due to the required collaboration between CDSS and CWDA and the flexible automation implementation date provided in the bill, these costs could be substantially less.
2. Ongoing GF costs of an unknown amount, but potentially in the low- to mid-hundreds of thousands of dollars annually, for increased workload to county social workers to administer and provide the extended expectant parent benefits. These costs are difficult to estimate because the caseload is unknown. For illustration, if 100 foster youth each received the $900 monthly benefit for three months, paid in a $2,700 lump sum (as the bill requires), the monthly GF costs would be $280,000 ongoing, assuming one hour of social worker time per case and 100 new cases each month. Actually costs will vary depending on caseload.

Although these county costs are mandated by the state, they are not reimbursable, but instead must be paid by the state pursuant to Proposition 30 of 2012. Proposition 30 provides that legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by realignment (including child welfare services and foster care) applies to local agencies only to the extent the state provides annual funding for the cost increase.

VOTES

ASM HUMAN SERVICES: 7-0-1

YES: Jackson, Sanchez, Alanis, Arambula, Bryan, Calderon, Garcia

ABS, ABST OR NV: Bonta

ASM APPROPRIATIONS: 15-0-1

YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Sanchez, Weber, Ortega

ABS, ABST OR NV: Robert Rivas

UPDATED

VERSION: February 15, 2023

CONSULTANT: Jessica Langtry / HUM. S. / (916) 319-2089 FN: 0000664

Date of Hearing: May 3, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

ABPCA Bill Id:AB 1112

Author:(McKinnor) – As Introduced Ver:February 15, 2023

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

SUMMARY:

This bill requires counties that opt to provide a clothing allowance to foster youth living in an approved placement to also provide a clothing allowance to foster youth not residing in an approved placement. The bill also provides that pregnant foster youth not living in an approved placement are eligible for the expectant parent payment.

Specifically, this bill:

1. Requires, if a county opts to provide foster youth a clothing allowance in addition to the basic rate, the county to also provide the clothing allowance to a minor or nonminor dependent (NMD), who is under the dependency jurisdiction of the juvenile court, and who would be eligible to have foster care payments paid on their behalf but for the minor or NMD not residing in an approved placement.
2. Requires that a pregnant foster youth not living in an approved placement is eligible for the expected parent rate paid to a pregnant minor or NMD living in an approved placement, for the three-month period immediately prior to the month in which the birth is anticipated. Further requires the expectant parent payment be used to meet the specialized needs of the pregnant minor or NMD, and to properly prepare for the needs of the infant.
3. Requires the California Department of Social Services (CDSS) to work with the County Welfare Directors Association of California (CWDA) and the California Statewide Automated Welfare System (CalSAWS) to develop and implement the necessary system changes to implement the clothing allowance payment and the expectant parent payment.
4. Requires the payments to be automated on July 1, 2024, or when CDSS notifies the Legislature that CalSAWS can perform the necessary automation to implement it, whichever is later.

FISCAL EFFECT:

1. Estimated one-time General Fund (GF) automation costs of $1.8 million, for changes to the Child Welfare Services - California Automated Response and Engagement System (CWS-CARES) and the California Statewide Automated Welfare System (CalSAWS) to accommodate extended payments to foster youth and NMDs who would otherwise not be eligible. Due to the required collaboration between CDSS and CWDA and the flexible automation implementation date provided in the bill, these costs could be substantially less.
2. Ongoing GF costs of an unknown amount, but potentially in the low- to mid-hundreds of thousands of dollars annually, for increased workload to county social workers to administer and provide the extended expectant parent benefits. These costs are difficult to estimate because the caseload is unknown. For illustration, if 100 foster youth each received the $900 monthly benefit for three months, paid in a $2,700 lump sum (as the bill requires), the monthly GF costs would be $280,000 ongoing, assuming one hour of social worker time per case and 100 new cases each month. Actually costs will vary depending on caseload.

Although these county costs are mandated by the state, they are not reimbursable, but instead must be paid by the state pursuant to Proposition 30 of 2012. Proposition 30 provides that legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by realignment (including child welfare services and foster care) applies to local agencies only to the extent the state provides annual funding for the cost increase.

COMMENTS:

1. Purpose. According to the author:

[This bill] will ensure that foster youth receive specified benefits regardless of whether they are in an approved placement. These requirements will improve the conditions of foster youth in limited situations, particularly those who are unable to secure an approved placement because of the lack of sufficient housing.

1. Background. Existing law 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. Foster parents receive a monthly payment to meet the needs of the children placed in their care. The payment is intended to cover food, clothing, and transportation and varies based on the child, their age, and any special needs they may have. As of January 1, 2023, there are 52,265 youth between birth and up to 21 years old in foster care.

Beginning in 2012, foster youth who turn 18 years old are eligible to remain in foster care until they turn 21 years old. This is known as extended foster care and is designed to assist eligible youth, known as nonminor dependents (NMDs), achieve self-sufficiency through educational opportunities, employment trainings, and supervised independent living environments. An NMD in extended foster care continues to receive foster care payments until the youth turns 21 years old, as long as they are meeting participation requirements and living in an approved setting, such as a certified Resource Family Home or a supervised independent living placement (SILP), among others. In January 2023, there were approximately 7,120 youth in extended foster care.

1. Clothing Allowance. In 2011, the state stopped providing foster youth a clothing allowance in addition to the basic foster care payment, but instead gives counties the option to do so. A clothing allowance, which a county pays in addition to the basic foster care rate, may include payments for an initial or replacement supply of clothing as well as for school clothing or other uniforms. A participating county determines the frequency and level of funding based on the needs of the child. Foster youth and NMDs must be receiving a monthly foster care payment to be eligible for a clothing allowance, which means they must be living in approved placements.

This bill requires a county that has opted to provide a clothing allowance to also provide the clothing allowance to a foster child or NMD not living in an approved placement and who would otherwise be eligible to have foster care payments paid on their behalf.

1. Expectant Parent Benefit. Existing law requires the rate paid to a foster care provider on behalf of a parenting foster youth to include an additional amount, known as an infant supplement, for the care and supervision of the child. Beginning January 1 2022, pregnant foster youth, both minors and NMDs, are eligible for the infant supplement, referred to in this instance as an expectant parent benefit, for the three-month period immediately prior to the month the birth is anticipated. This benefit of $900 per month for three months, is available to a qualified pregnant foster youth living in an approved placement, and is intended to assist with maternity clothes for the pregnant youth and needed items such as car seats, cribs, and clothes for the infant.

This bill authorizes these same payments to pregnant foster youth who is not living in an approved placement, regardless of the reason, and is therefore not eligible for foster care payments.

1. Prior Legislation. AB 2189 (Friedman), of the 2021-22 Legislative Session, was substantially similar to this bill but also would have authorized foster youth to remain in extended foster care beyond the age of 21 in certain circumstances. AB 2189 was vetoed by the Governor who cited costs concerns.

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

Date of Hearing: April 18, 2023

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Corey A. Jackson, Chair

ABPCA Bill Id:AB 1112 (

Author:McKinnor) – As Introduced Ver:February 15, 2023

SUBJECT: Foster youth

SUMMARY: Requires counties that opt to provide a clothing allowance to foster youth living in an approved placement, to also provide a clothing allowance to foster youth not residing in an approved placement, and provides that pregnant youth living in an unapproved placement are eligible for the expectant parent payment. Specifically, this bill:

1. Requires, if a county opts to provide a clothing allowance in addition to the basic rate, to foster youth for the provision of additional clothing, the county to also provide the clothing allowance to a minor or nonminor dependent (NMD), who is under the dependency jurisdiction of the juvenile court, and who would be eligible to have foster care payments paid on their behalf but for the minor or NMD not residing in an approved placement.
2. Requires, if a pregnant foster youth is not living in an approved placement, to also be eligible for the expected parent rate paid to a pregnant minor or NMD living in an approved placement, for the three-month period immediately prior to the month in which the birth is anticipated. Further requires the expectant parent payment used to meet the specialized needs of the pregnant minor or NMD, and to properly prepare for the needs of the infant.
3. Requires the California Department of Social Services (CDSS) to work with the County Welfare Directors Association of California (CWDA) and the California Statewide Automated Welfare System (CalSAWS) to develop and implement the necessary system changes to implement the clothing allowance payment.
4. Requires the payment to be automated on July 1, 2024, or when CDSS notifies the Legislature that CalSAWS can perform the necessary automation to implement it, whichever is later.

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. 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))
5. Defines “clothing allowance” to mean the amount paid by a county, at the county’s option, in addition to the basic rate for the provision of additional clothing for a child, including, but not limited to, an initial supply of clothing and school or other uniforms. Requires the frequency and level of funding to be based on the needs of the child, as determined by the county. (WIC 11461(f)(1))
6. Limits resource dispersal to minors and NMDs in approved homes and state-approved foster family placements. (WIC 11461)
7. Defines a “supervised independent living placement” or SILP, as an independent supervised setting in which an NMD is living independently, pursuant to federal law. (WIC 11400(w))
8. Defines “supervised independent living setting” as including the following: a SILP; a residential housing unit certified by a transitional housing placement provider operating a Transitional Housing Program for NMDs (THPP-NMD); and, a transitional living setting approved by the county to support youth who are entering or reentering foster care or transitioning between placements. (WIC 11400(x))
9. Requires foster care providers to be paid a per-child, per month rate in return for the care and supervision of an Aid to Families with Dependent Children-Foster Care (AFDC-FC) child placed with them. Designates CDSS as the single organizational unit whose duty it shall be to administer a state system for establishing rates in the AFDC-FC program and requires state functions to be performed by the department or by delegation of the department to county welfare departments or Indian tribes, consortia of tribes, or tribal organizations that have entered into an agreement. (WIC11460(a))
10. Requires the basic rate to be annually adjusted on July 1 by the annual percentage change in the California Necessities Index applicable to the calendar year within which each July 1 occurs. (WIC 11461(g)(2)) 
11. Required, for the 2016-17 fiscal year, CDSS to develop a basic rate in coordination with the development of the foster family agency rate that ensures a child placed in a home-based setting, and a child placed in a certified family home or with a resource family approved by a foster family agency, is eligible for the same basic rate. Stipulated that the rates shall not be lower than the rates proposed as part of the Governor’s 2016 May Revision and that a certified family home of a foster family agency shall be paid the basic rate only through December 31, 2024, and that the basic rates set forth in written directives or regulations shall become inoperative on January 1, 2025. (WIC 11461(g)(4))
12. Requires the rate paid for a pregnant minor or NMD for the three-month period immediately prior to the month in which the birth is anticipated to include the amount that would otherwise be paid to cover the care and supervision of a child, if born. Requires any amount paid to an expectant parent be used to meet the specialized needs of the pregnant minor or NMD and to properly prepare for the needs of the infant. (WIC 11465(e)(1)

FISCAL EFFECT: Unknown, this bill has not been analyzed by a fiscal committee.

COMMENTS:

Background: Child Welfare Services (CWS). California’s 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 healthcare provider or teacher, Child Protective Services (CPS) 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.

CDSS secures federal funding to support child welfare services programs, provides statewide best practices training for social workers, and conducts program regulatory oversight and administration, and is responsible for the development of policy while also providing direct services such as adoption placements. Foster parents receive a monthly payment to meet the needs of the youth placed in their care and is intended to cover food, clothing, transportation, and vary based on the child, their age and any special needs they may have.

As of January 1, 2023, there are 52,265 youth between birth and up to 21 years old in foster care.

Extended foster care and placement options. California was one of the first states to opt-in to the federal opportunity to create an extended foster care program which represented a historic expansion of services to foster youth and was intended to improve outcomes for youth who often faced enormous challenges as they emancipated from the foster care system at 18 years old, often facing poverty, homelessness, and incarceration.

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.

Beginning with the 2011-12 fiscal year, the state ceased participation in providing foster youth a clothing allowance in addition to the basic rate, and now allows counties to opt in to providing a clothing allowance.

Existing law defines a “clothing allowance” to mean the amount paid by a county, at the county’s option, in addition to the basic rate for the provision of additional clothing for a child which can include an initial supply of clothing and school or other uniforms. The frequency and level of funding is based on the needs of the child, as determined by the county.

Foster youth in extended foster care continue to receive foster care payment services up to the day before the youth turns 21 years old, as long as they are meeting specified participation requirements and living in an approved setting.

This bill would require counties who have opted to provide a clothing allowance, to also provide the clothing allowance to foster youth living in an unapproved placement, who would otherwise be eligible to have foster care payments paid on their behalf.

Eligible placement options for NMDs include:

• A certified Resource Family Home; the home of a relative or non-related extended family member; licensed foster family home; certified foster family agency home; or the home of a non-related legal guardian if the guardianship was established in juvenile court and the youth is still under juvenile court jurisdiction with a foster care placement order.
• A Short-Term Residential Therapeutic Program or a group home.
• A THPP-NMD, formerly known as THP+FC. This placement option provides housing and intensive support services and includes three different models:
  • Host Family where the NMD lives with an approved adult who has been selected and approved by the transitional housing provider.
  • Staffed Site where the NMD lives in an apartment, condominium or single family dwelling rented or leased by the housing provider with an employee living on site.
  • Remote Site where the NMD lives independently in one of the housing types listed above with regular supervision from the provider.
• A SILP.

SILPs were created as a type of placement as part of extended foster care and are designed for youth between the ages of 18 and 21. Unlike other foster care placements, youth in SILPs are responsible for identifying and securing their own housing, which can include apartments rented alone or with roommates. As of July 1, 2022, the SILP was the single-most utilized placement in California, with a total of 3,361, or 41% NMDs.

As part of the eligibility process, youth are required to undergo a SILP readiness assessment to determine if they are prepared to live independently before they can be placed. If the assessment determines that the NMD can live independently, the youth can receive their foster care payment directly upon approval of a placement. For NMDs who are aren’t ready for a SILP, the THP-NMD program, also created as part of extended foster care, provides housing placement options for NMDs in extended foster care. THP-NMD is a licensed placement that provides housing and supportive services in a semi-supervised setting and is an ideal placement option for youth who are not ready to live entirely on their own but are also not suited for a foster home.

For those youth who are not in an approved placement, and therefore not receiving a foster care payment, a clothing allowance could provide the needed supplement until such time they are living in an approved placement and would be eligible for additional supports and services.

Pregnant foster youth. Beginning January 1 2022, direct payments in the amount of $2,700 to pregnant foster youth, which includes minors and NMDs, were authorized to be disbursed approximately three months prior to the youth’s due date. These payments are available to pregnant foster youth currently receiving AFDC-FC payments who are living in an approved placement. This bill would authorize these same payments to pregnant foster youth who, for whatever reason, are not living in an approved placement and are therefore, not eligible for foster care payments. This payment is intended to assist with the items new parents need such as car seats, cribs, and clothes for the infant or maternity clothes for the pregnant youth. A 2019 report from the Data Network shows there is an increased risk of CPS involvement among children born to mothers in foster care. Their report found that 53% of children born to mothers in care are reported to CPS by age three.

Foster youth and homelessness. The 2018 Point in Time count conducted by the United States Department of Housing and Urban Development found that on a single night in January in 2019, there were approximately 35,038 unaccompanied youth experiencing homelessness under the age of 25, with over one-third of all unaccompanied youth (11,993 individuals) living in California. For youth, homelessness can mean living in cars, shelters, or couch surfing with friends; due to an increased susceptibility to exploitation and violence, youth experiencing homelessness may develop substance use issues or engage in survival sex in exchange for shelter or food.

Youth who age out of the foster care system are at high risk of becoming homeless; a 2013 study published in the Journal of Public Health found that between 31% and 46% of former foster youth had been homeless at least once by age 26. According to the study, the odds of becoming homeless by age 19 were higher for youth who had been physically abused before entering foster care, had run away more than once while in foster care, had engaged in delinquent behaviors, were placed in a group care setting at baseline, and did not feel very close to a biological parent or grandparent.

A survey conducted by the University of Chicago’s Chapin Hall reported that more than 1 in 4 reported experiencing at least one night of homelessness in the past two years, while nearly 30% said they had couch surfed, staying with friends because they lacked housing. From the research conducted when the youth were age 21, they concluded: “In particular, our findings raise questions about the wisdom of abruptly curtailing services for these young people when they reach their 21st birthday. Our findings suggest that when COVID-19 is behind us, it will still be the case that many young adults in care could potentially benefit from ongoing support past their 21st birthday.”

California Statewide Automated Welfare System. CalSAWS is the case management system for social services programs that is being designed to provide eligibility determination, benefits calculation and issuance, in addition to information management, for all of California’s 58 counties. Counties that do provide a clothing allowance, currently process checks for the clothing allowance individually, to be sent to eligible foster youth. Although this bill’s provisions include foster youth living in unapproved settings, these youth are not necessarily unknown to the counties, and could have their clothing allowance payments mailed to them wherever they are residing. This bill would require CDSS to work with CWDA and CalSAWS to develop and implement the necessary system changes to implement the clothing allowance payment and would further require these payments to be automated on July 1, 2024, or when CDSS notifies the Legislature that CalSAWS can perform the necessary automation to implement it, whichever is later.

Author’s statement: According to the Author, “[This bill] will ensure that foster youth receive specified benefits regardless of whether they are in an approved placement. These requirements will improve the conditions of foster youth in limited situations, particularly those who are unable to secure an approved placement because of the lack of sufficient housing.”

Need for this bill: The provisions of this bill seek to provide financial assistance to foster youth, including those who are pregnant, even if they are not living in an approved setting, and therefore not eligible to receive foster care payments. There are a variety of reasons why a foster youth’s placement is not approved, including being in transition, waiting for approval, or finding themselves without a home. When youth are not in an approved placement, they are not eligible to receive foster care payments. This bill would lend some assistance to these youth by making them eligible for a clothing allowance, if they are in a county that has opted in to providing one. Additionally, this bill would provide assistance to pregnant foster youth who find themselves in an unapproved placement, by making them eligible for the expectant parent payment. Given the shortage of affordable housing coupled with a shortage of housing inventory, many foster youth are not residing in an approved setting and are in need of additional supports to stabilize their placements. Because of the lack of sufficient housing and placements, many foster youth experience periods of homelessness and/or placement instability while in care. Under current law, pregnant youth cannot receive funding meant for their day-to-day survival when they are unhoused or in unapproved placements, which is when they need these funds the most.

Equity Impact: Many children in foster care experience frequent placement changes and data show that for youth who are in care for 24 months or longer, 15% experienced five or more placements, and 44% experienced three or more placements. Foster youth disproportionally are low-income when compared to their non-foster youth peers. The vast majority of children who are placed in California’s foster care system have been removed from low-income households, roughly half of them living below the federal poverty level. The average annual income of foster youth age 18 to 21 was $9,740, placing them well below the federal poverty line. Without adequate funding, the end result for many youth is a cycle of homelessness and falling deeper into poverty. Providing direct payments to youth is a meaningful way to reduce inequities experienced by low-income communities, LGBTQQ youth, and communities of color, in which foster youth are overrepresented. At a pivotal time in a young adult’s life, providing adequate assistance allows foster youth to attend college, a trade school, find a career path, or even get any necessary mental health care. Allowing these youth to begin their adult life on a more level playing field could provide bountiful rewards and create more equity between peers. This bill directly supports foster youth in counties that provide clothing stipends and pregnant foster youth who are in temporary placements, both of whom are a part of a vulnerable community. This bill would provide eligible foster youth with the support they desperately need in order to sufficiently support themselves and their newborn, as well as ensure that they are able to dress appropriately for the weather and are able to buy clothes that will help them prepare for employment and school attendance.

RELATED AND PRIOR LEGISLATION:

AB 2189 (Friedman) of 2022, was similar to this bill and would have authorized foster youth to remain in extended foster care beyond the age of 21 for the limited purpose of compliance with specified verifications by the county prior to termination of dependency. AB 2189 would have also required a county, if a county opts to provide a clothing allowance, to provide the clothing allowance to minors and NMDs, including those who may be pregnant, who would have been eligible to have foster care payments paid on their behalf but for the minor or NMD not residing in an approved placement. AB 2189 was vetoed by Governor Newsom.

AB 153 (Committee on Budget), Chapter 86, Statutes of 2021, was the budget trailer bill that accompanied the appropriations made in the 2021 Budget Act and among other provisions, allowed a pregnant minor or NMD to be eligible for the infant supplement for a specified period before the expected date of birth. Required DSS to develop and implement automated payments for these purposes.

AB 2880 (Ting) of 2020, would have required, subject to an appropriation, the rates paid to a transitional housing provider to be supplemented at a rate based on a percentage of the average foster care expenditures for foster youth according to their age and the county in which the program operates. AB 2880 was set to be heard by the Assembly Human Services Committee but the hearing was postponed by the committee. This policy was subsequently enacted through the Budget Act, AB 79 (Committee on Budget), Chapter 11, Statutes of 2020.

AB 1979 (Friedman), Chapter 141, Statutes of 2020, expanded the definition of a supervised independent living setting to include a transitional living setting approved by the county to support youth entering or reentering care or transitioning between placements, and required counties to examine a county’s ability to meet the emergency housing needs of NMDs, among other requirements.

AB 531 (Friedman) of 2019, would have allowed certain approved caregivers to convert to a host family without additional certification, would have required counties to examine a county’s ability to meet the emergency housing needs of NMDs, and would have allowed a county welfare agency to, upon appropriation in the annual Budget Act, request funds for the purpose of providing housing navigation services to youth, among other things. AB 531 was held on the Senate Appropriations Committee suspense file.

AB 612 (Mitchell), Chapter 731, Statutes of 2017, made a number of changes to the program rules and educational requirements for transitional housing programs available to minors and NMDs in foster care.

AB 1712 (Beall), Chapter 846, Statutes of 2012, enabled a dependent youth to continue receiving foster care, Kinship Guardian Assistance Payments and other funding after age 18, if they are NMDs, and added THP+NMD Foster Care to the list of programs licensed by CDSS.

AB 12 (Beall), Chapter 559, Statutes of 2010, the California Fostering Connections to Success Act, enabled youth aging out of foster care to opt into extended foster care between the ages of 18 and 21.

REGISTERED SUPPORT / OPPOSITION:

Support

Children's Law Center of California (Sponsor)

Alliance for Children's Rights

California Alliance of Caregivers

Child Abuse Prevention Center

Children Now

Children's Legal Services of San Diego

National Association of Social Workers, California Chapter

Public Counsel

Opposition

None on file

Analysis Prepared by: Jessica Langtry / HUM. S. / (916) 319-2089