Existing law generally provides for the placement of foster youth in various placement settings. Existing law requires the status of every dependent child in foster care to be reviewed periodically, and requires the county welfare department social worker to prepare a supplemental report with supplemental information regarding the child for purposes of the status review hearing. Existing law also requires a probation officer to prepare a social study for purposes of the status review hearing of a ward who is placed in foster care or recommended for placement in foster care.

This bill would require the social worker and probation officer to include in the supplemental report or social study, respectively, information on whether the child or nonminor dependent would likely experience emotional and social benefits from a mentor, and should be referred for one-to-one mentoring with a mentor. the likely emotional and social benefits from one-to-one mentoring services for the child or nonminmor dependant, and a recommendation for one-to-one mentoring, as specified. The bill would, if the supplemental report includes a referral for mentoring, require the court to ask the foster youth, at any status hearing, whether participation in a mentoring program has been offered to them and whether they are interested in participating in a mentoring program, and would specify that in this case the foster youth shall only be referred for mentoring if they agree to participate. The bill would, if the social study includes a referral for mentoring, require the court, at any status hearing, to order the foster youth who is a ward to participate in a mentoring program. court or probation officer to include a mentoring program in the foster youths case plan if the foster youth agrees to participate in such a program. The bill would specify that participation in the mentoring program is on a purely voluntary basis and would prohibit a foster youth from being subject to discipline or other adverse action based on the foster youths subsequent decision to discontinue participation in the mentoring program. The bill would authorize a court to refer or order the foster youth to participate in a one-to-one mentoring program through a nonprofit organization that meets specified criteria, including, among other things, having experience serving foster children and youth. The bill would require a social worker or probation officer to make their best efforts to identify and refer a foster youth for whom mentoring has been recommended and accepted or for whom mentoring has been ordered to a nonprofit organization. By imposing new duties on counties, the bill would impose a state-mandated local program.

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

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

Existing law generally provides for the placement of foster youth in various placement settings. Existing law requires, for all youth in foster care, a county social worker to create a case plan within a specified timeframe after the child is introduced into the foster care system. Existing law requires, when appropriate, for a child who is 16 years of age or older and for a nonminor dependent, the case plan to include the transitional independent living plan and a written description of the programs and services that will help the child, consistent with the childs best interests, to prepare for the transition from foster care to successful adulthood. Existing law requires the status of every dependent child in foster care to be reviewed periodically, and requires the county welfare department social worker to prepare a supplemental report with supplemental information regarding the child for purposes of the status review hearing. Existing law also requires a probation officer to prepare a social study for purposes of the status review hearing of a ward who is placed in foster care or recommended for placement in foster care.

Existing law generally provides for the placement of foster youth in various placement settings. Existing law requires, for all youth in foster care, a county social worker to create a case plan within a specified timeframe after the child is introduced into the foster care system. Existing law requires, when appropriate, for a child who is 16 years of age or older and for a nonminor dependent, the case plan to include the transitional independent living plan and a written description of the programs and services that will help the child, consistent with the childs best interests, to prepare for the transition from foster care to successful adulthood.

This bill would authorize a case plan prepared in accordance with the above provisions to include a recommendation that a child be referred for one-to-one mentoring with an adult if the social worker, or the child and family team, find the child will likely experience emotional and social benefit from an adult mentor. The bill would require the court to ask the child at a status hearing whether the child has been offered participation in a mentoring program and whether the child would like to participate in a mentoring program. The bill would authorize a court to refer the child to participate in a one-to-one mentoring program through a nonprofit organization that meets specified criteria, including, among other things, having experience serving foster children and youth. The bill would require a court that recommends or orders mentoring pursuant to these provisions to provide information regarding the child to a mentoring organization pursuant to these provisions in order to facilitate a successful match with a mentor.

Date of Hearing: May 17, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

ABPCA Bill Id:AB 1154

Author:(Wilson) – As Amended Ver:April 19, 2023

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

SUMMARY:

This bill requires county social workers and probation officers to include in their reports to the court information on the likely benefits for a dependent child or ward of one-on-one mentoring services, and a referral recommendation, and allows a court to refer a foster youth to participate in a mentoring program. This bill also establishes eligibility criteria for nonprofit mentoring organizations to provide one-on-one mentoring for foster youth per a court referral, and provides access to reports by the mentoring organizations.

Specifically, this bill:

1. Requires each supplemental report filed, pursuant to the periodic status review required of every dependent child in foster care, to include a factual discussion of whether the child or nonminor dependent (NMD) would likely experience emotional and social benefits from a mentor, and whether the child should be referred for one-to-one mentoring.
2. Requires at each status review hearing for a probation-supervised foster youth, the social study to include an updated case plan with information as to whether the child or NMD would likely experience emotional and social benefits from a mentor, and should be ordered to participate in one-to-one mentoring.
3. Requires the court, at any status hearing, if the social study specific to probation-supervised youth includes a referral for one-to-one mentoring, to order the foster youth to participate in a mentoring program.
4. Requires the court, if the supplemental report includes a referral for mentoring, to ask the foster youth whether they are interested in participating in a mentoring program and specifies the foster youth will be referred for mentoring only if they agree to participate.
5. Provides the foster youth’s participation in the mentoring program is on a purely voluntary basis and that the youth’s subsequent decision to discontinue participation cannot be the basis for adverse action by the probation officer or the court.
6. Requires the court, if a court recommends mentoring for a foster youth and the youth accepts the mentoring, or if a court orders mentoring for a foster youth who has served time in detention in the juvenile justice system, to authorize the social worker or probation officer to provide information regarding the foster youth’s placement and any updates on new placements and the reason for the foster youth’s entry into the child welfare system only in generic terms, including “abuse,” “neglect,” or “abandonment,” and exclude any specific details to a mentoring organization.
7. Requires the court to advise the foster youth that if the youth participates in a mentoring program, the information described in 6) above will be shared with the organization and mentor.

1. Requires a social worker or probation officer to make their best efforts to identify and refer a foster youth for whom mentoring has been recommended and accepted, or for whom mentoring has been ordered, to a nonprofit organization, as described, and to share the information described in 6) above with that nonprofit organization.
2. Authorizes the court to refer or order the youth to participate in a one-to-one mentoring program through a nonprofit organization that meets specified criteria regarding experience with mentoring, serving foster youth, and providing trauma-informed training and that maintains effective screening of volunteers, including background checks.

FISCAL EFFECT:

1. Estimated ongoing General Fund administrative costs likely in the low millions of dollars annually for county child welfare agencies and county probation departments to discuss mentoring options with each youth and provide additional documentation to the courts. This estimate assumes one additional hour of social worker time per child per hearing. Although these county costs are state-mandated costs, they are not reimbursable, but instead must be funded by the state pursuant to Proposition 30.

Proposition 30 (2012) requires 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) to apply to local agencies only to the extent the state provides annual funding for the cost increase.

1. CDSS indicates necessary system changes to the Child Welfare Services - California Automated Response and Engagement System (CWS-CARES). CDSS changes could take up to 18 months to complete. However, no additional costs are anticipated due to this bill because mentoring services will be included in the system.

COMMENTS:

1. Purpose. The author seeks to provide additional mentoring opportunities for foster youth through nonprofit organizations. This bill is sponsored by Big Brothers Big Sisters. According to the author:

Non-profits that have experience with foster youth mentoring, including Big Brothers Big Sisters, CASA and others strive daily to help improve the lives and the futures of foster youth. [This bill] provides a process in the child welfare system that strengthens opportunities for foster youth to access mentors through their Child and Family Teams, and the court.

1. Background. Formal mentoring, in which mentors and mentees are matched through programs, is a common intervention strategy for addressing the needs of foster youth. By modeling care and providing support, mentors can both challenge negative views that some youth may hold of themselves and demonstrate that positive relationships with adults are possible. Studies indicate a mentoring relationship may become a “corrective experience” for youth who have experienced unsatisfactory relationships with parents or other caregivers.

In addition, studies have found that youth with mentors were more likely to aspire to attend and to enroll in college, more likely to report participating in sports and other extracurricular activities, and more likely to report taking on leadership roles in school and extracurricular activities and to regularly volunteer in their communities.

A court-appointed special advocate (CASA) is a trained volunteer, appointed by a judge in a local court, who advocates for a foster child, with ongoing supervision from professionals at local nonprofit CASA programs. These volunteers are assigned to the same youth while they’re in the child welfare system regardless of changes in placements or schools. As an educational rights holder for a foster child, a CASA has the legal authority to attend teacher conferences, monitor grades, keep track of progress, and ensure the court provides the student with access to needed services. A mentor under the provisions of this bill cannot be considered a CASA.

In December 2021, State Superintendent of Public Instruction (SPI) Tony Thurmond announced plans for a statewide mentorship program focusing on students of color, low-income students, and any other students in need of additional support. Superintendent Thurmond envisions these mentorship programs will work with other California Department of Education (CDE) programs like California Community Schools Partnership Programs (CCSPP).

This bill seeks to expand mentoring opportunities for foster youth by authorizing the court to refer foster youth to one-one-one mentoring if they are referred by their social worker or probation officer. The bill provides parameters for nonprofit organizations to qualify to work with foster youth referred or appointed by the court and allows a county social worker or county probation officer to share, with the child’s knowledge, otherwise confidential information about the child’s location and reasons for placement in foster care with a mentor in order to inform a successful match.

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

Date of Hearing: April 18, 2023

ASSEMBLY COMMITTEE ON JUDICIARY

Brian Maienschein, Chair

ABPCA Bill Id:AB 1154

Author:(Wilson) – As Amended Ver:March 22, 2023

PROPOSED CONSENT (As Proposed to be Amended)

SUBJECT: Juveniles: mentoring programs

KEY ISSUE: SHOULD ONE-ON-ONE MENTORING OF FOSTER YOUTH BE SPECIFICALLY AUTHORIZED IN THE LAW?

SYNOPSIS

California has a history of enacting programs that support mentoring. In 1995, then-Governor Wilson issued an executive order, establishing the California Mentor Initiative. Funding was subsequently provided to four state departments and the Office of Child Development and Education. Governor Davis renewed the program, renaming it the Governor's Mentoring Partnership (GMP). The GMP continues to operate to some extent, at least, today under the authority of the California Highway Patrol (CHP). In December 2021, State Superintendent of Public Instruction Tony Thurmond announced plans for a statewide mentorship program that focuses on students of color, low-income students, and any other students in need of additional support. Existing law states that a youth service organization must have policies requiring, “to the greatest extent possible, the presence of at least two mandated reporters whenever administrators, employees, or volunteers are in contact with, or supervising, children.”

This well-intentioned bill, sponsored by Big Brothers Big Sisters, seeks to match foster youth who, in many cases are in desperate need of adult role models and mentors, with adult mentors who are willing to donate their time to act as mentors for these vulnerable youth. The bill also resolves an ambiguity in the law, allowing a court to refer a foster youth to participate in mentoring on a one-on-one basis in some circumstances. Among other things, in order to provide one-on-one mentoring, the organization would have to meet a number of specified criteria, including a requirement that it maintain high standards for effective screening, selection, and training of staff and volunteers.

The author proposes a number of amendments to conform the language of the bill with existing law in terms of review hearings and status reports, and ensure that minors are not pressured to participate in mentoring (or punished if they discontinue participation). The amendments are incorporated into the SUMMARY, below, and explained in the analysis. The bill was approved by the Assembly Human Services Committee last month by a 7-0 vote. It is supported by a number of youth organizations and has no opposition on file.

SUMMARY: Seeks to match foster youth who, in many cases are in desperate need of adult role models and mentors, with adult mentors who are willing to donate their time to act as mentors for these vulnerable youth; and resolves an ambiguity in the law, specifically allowing mentoring on a one-on-one basis in specified circumstances. Specifically, this bill:

1. Finds and declares, on behalf of the Legislature, all of the following:
   1. It is the intent of the Legislature to increase stability of children and youth in foster care, and in adoptive, kinship, and guardianship families by increasing the supports provided to these children and youth.
   2. While the number of children and youth in foster care have significantly decreased in recent decades, grim data continues to demonstrate the need for additional supports for children and youth in foster care and those seeking to achieve permanency, including the following data:
      1. Less than one-half of all foster youth in California graduate high school.
      2. Seventy-five percent of young women in foster care report at least one pregnancy by 21 years of age.
      3. Every year, approximately 4,000 youth age out of care in California with no place to call home.
      4. One-half of youth who have aged out of foster care end up homeless or incarcerated.
   3. California policymakers have worked diligently to improve and strengthen the state’s foster care services for those in care, in permanent placements, in reunification, and within the juvenile justice system. However, children in foster care and former foster youth outcomes often continue the cycle of poverty, abuse, lack of education, substance abuse, incarceration, and homelessness.
   4. Foster children and youth would benefit from one-to-one mentoring models that provide appropriately screened, trained, and matched adult mentors that bring an approach to building positive relationships, positive experiences, and improved goals and outcomes. While a limited commitment is often required, mentor and mentee relationships often last several years or even a lifetime.
   5. One-to-one mentoring programs have become an increasingly popular strategy for early intervention with at-risk youth. An analysis of 70 mentoring outcome studies conducted between 1975 and 2017, with a sample size of 25,286 youth with average age of 12 years of age, yielded a statistically significant effect of mentoring programs across all youth outcomes.
   6. Researchers examining mentored youth in comparison to unmentored youth after 18 months found that mentored youth were less likely to engage in a variety of risky and unhealthy behaviors, such as using illegal drugs or alcohol, skipping school, and hitting others.
   7. A 2014 report for MENTOR: the National Mentoring Partnership conducted by Civic Enterprising in association with Hart Research Associates stated that youth facing risks with mentors were more likely to aspire to attend and to enroll in college, more likely to report participating in sports and other extracurricular activities, and more likely to report taking on leadership roles in school and extracurricular activities and to regularly volunteer in their communities.
   8. Individuals engaged in assisting children through the child welfare system, including biological parents, foster parents and guardians, adoptive or permanent families, social workers, and the courts, are required to work together to improve outcomes for children in foster care. An individualized plan is established for a foster child and is submitted to the court with recommendations based upon the needs of each foster child.
   9. A social worker’s written court report and a case plan provided to the court under Section 16501.1 of the Welfare and Institutions Code is integral to the court’s oversight of a dependent child and a nonminor dependent. The report informs the court about a multitude of issues regarding the child or nonminor dependent and serves as the basis of the court’s findings and orders, helping the court make informed decisions regarding a child’s or nonminor dependent’s safety, permanency, well-being, and successful transition to living independently as an adult.
2. Requires, in each supplemental report regarding a child or nonminor dependent in foster care required to be filed pursuant to Section 366 of the Welfare & Institutions Code, to include documentation of the likely emotional and social benefits from one-to-one mentoring services for the child or nonminor dependent, the discussion with the child or nonminor dependent, the child or nonminor dependent’s attitude toward engaging in one-to-one mentoring, the availability of organizations that meet the criteria set forth in subdivision (b) of Section 16501 to engage in one-to-one mentoring with the child or nonminor dependent, and recommendation for referring the child or nonminor dependent for one-to-one mentoring with a mentor, as provided in Section 16501.14.
3. Requires, at each status hearing about a child or nonminor dependent who is under probation supervision but in foster care placement, the social study to include documentation of the likely emotional and social benefits from one-to-one mentoring services for the child or nonminor dependent, the discussion with the child or nonminor dependent, the child or nonminor dependent’s attitude toward engaging in one-to-one mentoring as provided in Section 16501.14 in the child or nonminor dependent’s case plan.
4. Provides that if the supplemental report described in 2), above, includes a referral for one-to-one mentoring with a mentor for a foster youth, the probation officer or the court to include a mentoring program in the foster youth’s case plan if the foster youth agrees to participate in such a program.
5. Provides that notwithstanding a mentoring program being included in the foster youth’s case plan, the foster youth’s participation in the mentoring program shall be on a purely voluntary basis. The foster youth’s subsequent decision to discontinue participation in the mentoring program shall not be the basis for discipline, punishment, or any other adverse action by the probation officer or the court.
6. Provides that if a court recommends mentoring for a foster youth and they accept the mentoring, or orders mentoring for a foster youth who has served time in detention in the juvenile justice system, the court shall, upon the explicit written and informed consent of the foster youth, authorize the social worker or probation officer to provide information regarding the foster youth’s placement and any updates on new placements.
7. Provides that the mentor may have access to records in the foster youth’s case file only with the explicit written and informed consent of the nonminor dependent.
8. Provides that the court may refer or order the child to participate in a one-to-one mentoring program through a nonprofit organization that meets all of the following criteria:
   1. Is dedicated to one-to-one mentoring with children and youth.
   2. Has experience serving foster children and youth.
   3. Is experienced in providing trauma-informed training for staff, volunteers and parents, guardians, or caregivers.
   4. Includes established policies and procedures for the protection of youth.
   5. Maintains high standards for effective screening, selection, and training of staff and volunteers, including, but not limited to, all of the following:
      1. Background checks for an administrator, employee, or regular volunteer of a youth service organization pursuant to Section 11105.3 of the Penal Code to identify and exclude any persons with a substantiated history of child abuse or a conviction for any offense listed in paragraph (1) of subdivision (c) of that section.
      2. Training in child abuse and neglect and training in child abuse and neglect reporting. The training requirement may be satisfied by completing the online mandated reporter training provided by the Office of Child Abuse Prevention.
      3. Policies to ensure comprehensive screening and training of volunteers and parents or guardians, and regular contact with volunteers and parents or guardians.
   6. Has an established system of determining appropriate matches between mentors and mentees, including, to the greatest extent possible, commonalities in background, culture, interests, and life experience.
   7. Has an established professional monitoring system for match relationships.
9. Provides that if a court recommends mentoring for a foster youth and they accept the mentoring, or orders mentoring for a foster youth who has served time in detention in the juvenile justice system, the court shall authorize the social worker or probation officer to provide information regarding the foster youth’s placement and any updates on new placements and the reason for the foster youth’s entry into the child welfare system only in generic terms, including “abuse,” “neglect,” or “abandonment,” and excluding any specific details to a mentoring organization selected pursuant to this section in order to ensure the most successful match with a mentor as possible to facilitate a positive and effective mentoring relationship.
10. Requires that a social worker or probation officer shall make their best efforts to identify and refer a foster youth for whom mentoring has been recommended and accepted or for whom mentoring has been ordered to a nonprofit organization described in 8), above, and shall share the information described in 9), above, with that nonprofit organization. Also provides that a social worker or probation officer shall provide updates on new placements to any mentor with whom the foster youth has a mentoring relationship and the foster youth was not referred or ordered to the mentor pursuant to this section.
11. Defines the following terms for purposes of the bill:
    1. “Mentor” means an individual who works for, or volunteers with, a nonprofit organization, as described in 8), above, and provides mentoring services. A mentor providing mentoring services pursuant to this section shall not be considered as a court-appointed special advocate (CASA).
    2. “Mentoring” means a meaningful and mutually desired one-to-one relationship between a mentor and mentee that is fully supported by a parent or guardian and includes outcomes such as positive behaviors and choices, educational and career success, and increased social, emotional, and mental health well-being.
    3. “Trauma-informed” means an approach that involves an understanding and consideration of the nature of trauma and promotes environments of healing and recovery rather than practices that may inadvertently retraumatize an individual.

EXISTING LAW:

1. Establishes the Child Abuse and Neglect Reporting Act (CANRA) and states that the intent and purpose of the Act is.to protect children from abuse and neglect. (Penal Code Section 11164.)
2. Defines "child abuse or neglect" under CANRA to include physical injury or death inflicted by other than accidental means upon a child by another person, sexual abuse as defined, neglect as defined, the willful harming or injuring of a child or the endangering of the person or health of a child as defined, and unlawful corporal punishment or injury, as defined. (Penal Code Section 11165.6.)
3. Requires an administrator, employee, or regular volunteer of a youth service organization to complete training in child abuse and neglect identification and training in child abuse and neglect reporting and to undergo a background check. (Bus. & Prof. Code Section 18975 (a), (b).)
4. Requires a youth service organization to develop and implement child abuse prevention policies and procedures, including, but not limited to, both of the following:
5. Policies to ensure reporting of suspected incidents of child abuse to persons or entities outside of the organization, including the reporting required pursuant to Section 11165.9 of the Penal Code.
6. Policies requiring, to the greatest extent possible, the presence of at least two mandated reporters whenever administrators, employees, or volunteers are in contact with, or supervising, children. (Bus. & Prof. Code Section 18975 (c)(1)—(c)(2)(A).)
7. Defines “youth service organization” as an organization that employs or utilizes the services of persons who, due to their relationship with the organization, are mandated reporters. (Bus. & Prof. Code Section 18975 (e)(2).)
8. Defines “ regular volunteer” as “a volunteer with the youth service organization who is 18 years of age or older and who has direct contact with, or supervision of, children for more than 16 hours per month or 32 hours per year.” (Bus. & Prof. Code Section 18975 (e)(1).)

FISCAL EFFECT: As currently in print this bill is keyed fiscal.

COMMENTS: This well-intentioned bill, sponsored by Big Brothers Big Sisters seeks to match foster youth who, in many cases are in desperate need of adult role models and mentors, with adult mentors who are willing to donate their time to act as mentors for these vulnerable youth. The bill also resolves an ambiguity in the law, allowing a court to refer a foster youth to participate in mentoring on a one-on-one basis in some circumstances. Among other things, in order to provide one-on-one mentoring, the organization would have to meet a number of specified criteria, including a requirement that it maintain high standards for effective screening, selection, and training of staff and volunteers.

California Programs to Support Mentoring. In 1995, then-Governor Wilson issued an executive order, establishing the California Mentor Initiative. Funding was subsequently provided to four state departments and the Office of Child Development and Education. Governor Davis renewed the program, renaming it the Governor's Mentoring Partnership (GMP). Approximately $76 million was expended on local mentoring initiatives funded by a variety of state agencies between 1995 and 2002.

The GMP continues to operate to some extent, at least, today under the authority of the California Highway Patrol (CHP). According to the GMP website, the program works in partnership with over 700 California community based mentoring programs such as Big Brothers/Big Sisters, Boys and Girls Clubs and other mentoring coalitions. (See https://www.chp.ca.gov/programs-services/for-law-enforcement/be-a-mentor.) Since 1995, over 493,000 mentor matches have provided support to California's youth through mentor programs. Yet tens of thousands of young people are still waiting for a mentor. (Ibid.) The GMP program seeks to recruit volunteer mentors from within the CHP “to mentor a child or youth through a mentoring organization that meets the quality assurance standards, for a minimum of one school year” and offers “Mentoring Leave” as a benefit only to qualified CHP employees. (Ibid.)

In December 2021, State Superintendent of Public Instruction Tony Thurmond announced plans for a statewide mentorship program that focuses on students of color, low-income students, and any other students in need of additional support. Superintendent Thurmond envisions that these mentorship programs will work with other California Department of Education (CDE) programs like California Community Schools Partnership Programs (CCSPP). The Communities Schools initiative is a $3-billion-dollar California policy reform effort with a mission to unite academics, health and social services, youth and community development and engagement for the purpose of improving learning, supporting families and strengthening communities for low-income families, students of color, English learners, and students with disabilities. These initiatives, if designed and implemented with the unique needs of students in foster care and youth experiencing homelessness in mind, can also have a profound and lasting impact on the lives of both populations.

The bill seeks to match foster youth who, in many cases are in desperate need of adult role models and mentors, with adult mentors who are willing to donate their time to act as mentors for these vulnerable youth. According to the author:

Foster youth experience traumatic experiences including physical, emotional, or sexual abuse, neglect, or abandonment, and/or witness (sometimes often) traumatic experiences. Studies have shown that foster youth experience Post-Traumatic Stress Disorder (PTSD) at twice the rate of U.S. War Veterans. Many who exit foster care through an abrupt transition are further impacted as they face their independence without support and guidance from adult family members and friends. Mentors provide a valuable, guiding, and inspiring relationship with mentees and often maintain the relationship with their mentees for many years, and even a lifetime. Mentors who are trauma-informed and can relate to a foster youth who has suffered failures from adults in their lives can often be a lifeline for their mentees and can help them see beyond current circumstances to understand that they can have successful lives despite their past experiences. . . .AB 1154 provides a process in the child welfare system that strengthens opportunities for foster youth to access mentors through their Child and Family Teams, and the court. This bill provides one more point of access to support for our foster youth in California.

The bill resolves an ambiguity in the law, allowing a court to refer a foster youth to participate in mentoring on a one-on-one basis by meeting specified criteria. Existing law states that a youth service organization must have policies requiring, “to the greatest extent possible, the presence of at least two mandated reporters whenever administrators, employees, or volunteers are in contact with, or supervising, children.” (Bus. & Prof. Code Section 18975 (c)(1)—(c)(2)(A).) This model does not work for all youth service organizations, such as Big Brothers/Big Sisters, that pair one adult mentor with one child mentee. The bill requires a nonprofit organization, in order to provide one-on-one mentoring, to meet a number of specified criteria, including a requirement that it maintain high standards for effective screening, selection, and training of staff and volunteers. These standards include (1) background checks for an administrator, employee, or regular volunteer of a youth service organization, (2) training in child abuse and neglect and training in child abuse and neglect reporting; and (3) policies to ensure comprehensive screening and training of volunteers and parents or guardians, and regular contact with volunteers and parents or guardians.

Author’s amendments. The author proposes a number of amendments to conform the language of the bill with existing law in terms of review hearings and status reports, and ensure that minors are not pressured to participate in mentoring (or punished if they discontinue participation).

• Conform the new provision about the consideration of one-on-one mentoring at review hearings with other items that are considered at such review hearings:

(m) Whether the child or nonminor dependent would likely experience Documentation of the likely emotional and social benefits from a mentor, and should be referred one-to-one mentoring services for the child or nonminor dependent, the discussion with the child or nonminor dependent, the child or nonminor dependent’s attitude toward engaging in one-to-one mentoring, the availability of organizations that meet the criteria set forth in subdivision (b) of Section 16501 to engage in one-to-one mentoring with the child or nonminor dependent, and recommendation for referring the child or nonminor dependent for one-to-one mentoring with a mentor, as provided in Section 16501.14.

• Require reports prepared by probation officers to document the foster youth’s desire whether to participate in one-on-one mentoring:

(11) Whether the child or nonminor dependent would likely experience Documentation of the likely emotional and social benefits from a mentor, and should be ordered to participate in one-to-one mentoring with a mentor, one-to-one mentoring services for the child or nonminor dependent, the discussion with the child or nonminor dependent, the child or nonminor dependent’s attitude toward engaging in one-to-one mentoring as provided in Section 16501.14 in the child or nonminor dependent’s case plan.

• Include mentoring in the foster youth’s case plan only if the youth agrees to participate:

(2) If the social study described in Section 706.5 includes a referral for one-to-one mentoring with a mentor for a foster youth, the probation officer or the court shall, at any status hearing, order the foster youth to participate in include a mentoring program in the foster youth’s case plan if the foster youth agrees to participate in such a program.

• Ensure that a foster youth cannot be punished for discontinuing mentoring that is included in their case plan:
• (4) Notwithstanding a mentoring program being included in the foster youth’s case plan, the foster youth’s participation in the mentoring program shall be on a purely voluntary basis. The foster youth’s subsequent decision to discontinue participation in the mentoring program shall not be the basis for discipline, punishment, or any other adverse action by the probation officer or the court.
• Clarify the types of offenses and conduct that disqualifies a prospective mentor from participating in one-on-one mentoring:

(A) Background checks for an administrator, employee, or regular volunteer of a youth service organization pursuant to Section 11105.3 of the Penal Code to identify and exclude any persons with a substantiated history of child abuse or a conviction for any offense listed in paragraph (1) of subdivision (c) of that section.

ARGUMENTS IN SUPPORT: Sponsor Big Brothers Big Sisters (BBBS) writes the following about why the bill is an important step to support foster youth:

For willing youth, a mentor can be a lifeline to a stable, caring relationship that can last years or even a lifetime. A troubling experience working with foster youth, however, is that nonprofit organizations cannot access background on foster youth that is critical to informing a well-suited, successful match for the youth. A mentor can change the life of a foster youth, but without access to appropriate information about a foster youth’s experiences and interests and to relocation placements, a mentoring relationship can fail a child, who has already experienced the failure of their families to protect them. There have been many cases where a BBBS agencies on behalf of the mentor are unable to maintain their relationship when the foster youth is moved to a new placement because they and BBBS cannot access protected information about their location. Losing contact and the caring mentor relationship simply reinforces the trauma of abandonment for foster youth and intensifies their lack of trust.

. . . AB 1154 is intended to provide a safe, reliable, caring adult resource for foster youth: a mentor who can provide support and inspiration to a youth who can benefit from an encouraging perspective.

REGISTERED SUPPORT / OPPOSITION:

Support

Big Brothers Big Sisters

Big Brothers Big Sisters of Orange County and The Inland Empire, INC

Greater Sacramento Urban League

National Association of Social Workers, California Chapter

Opposition

None on file

Analysis Prepared by: Alison Merrilees / JUD. / (916) 319-2334

Date of Hearing: March 28, 2023

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Corey A. Jackson, Chair

ABPCA Bill Id:AB 1154 (

Author:Wilson) – As Amended Ver:March 22, 2023

SUBJECT: Juveniles: mentoring programs

SUMMARY: Adds requirements for foster youth mentoring programs, including a participation agreement for non-probation supervised youth, criteria for nonprofits mentoring organizations to meet to be eligible to serve the foster youth for a court referral, and access to reports by the mentoring organizations, Specifically, this bill:

1. Requires each supplemental report filed, pursuant to the periodic status review required of every dependent child in foster care, to include a factual discussion of whether the child or nonminor dependent (NMD) would likely experience emotional and social benefits from a mentor, and should be referred for one-to-one mentoring.
2. Requires at each status review hearing for a probation-supervised foster youth, the social study to include an updated case plan with information as to whether the child or NMD would likely experience emotional and social benefits from a mentor, and should be ordered to participate in one-to-one mentoring.
3. Requires the court, at any status hearing, if the social study specific to probation-supervised youth includes a referral for one-to-one mentoring, to order the foster youth to participate in a mentoring program.
4. Requires, if the supplemental report includes a referral for mentoring, the court to ask the foster youth at any status hearing whether participation in a mentoring program has been offered to them and whether they are interested in participating in a mentoring program and specifies that the foster youth will only be referred for mentoring if they agree to participate.
5. Defines the following terms for purposes of these provisions:
6. “Mentor” means an individual who works for, or volunteers with, a nonprofit organization, as described, and provides mentoring services. Specifies that mentor providing mentoring services pursuant these provisions shall not be considered as a court-appointed special advocate (CASA), as described.
7. “Mentoring” means a meaningful and mutually desired one-to-one relationship between a mentor and mentee that is fully supported by a parent or guardian and includes outcomes such as positive behaviors and choices, educational and career success, and increased social, emotional, and mental health well-being.
8. “Trauma-informed” means an approach that involves an understanding and consideration of the nature of trauma and promotes environments of healing and recovery rather than practices that may inadvertently re-traumatize an individual.
9. Requires the court, if a court recommends mentoring for a foster youth and they accept the mentoring, or orders mentoring for a foster youth who has served time in detention in the juvenile justice system, to authorize the social worker or probation officer to provide information regarding the foster youth’s placement and any updates on new placements and the reason for the foster youth’s entry into the child welfare system only in generic terms, including “abuse,” ,“neglect,” or “abandonment,” and exclude any specific details to a mentoring organization in order to ensure the most successful match with a mentor as possible in order to facilitate a positive and effective mentoring relationship.
10. Requires the court to advise the foster youth that if they participate in a mentoring program, the information described in 6) above will be shared with the nonprofit organization and mentor.
11. Requires a social worker or probation officer to make their best efforts to identify and refer a foster youth for whom mentoring has been recommended and accepted or for whom mentoring has been ordered to a nonprofit organization, as described, and to share the information described in 6) above with that nonprofit organization.
12. Authorizes the court to refer or order the child to participate in a one-to-one mentoring program through a nonprofit organization that meets all of the following criteria:
13. Is dedicated to one-to-one mentoring with children and youth;
14. Has experience serving foster children and youth;
15. Is experienced in providing trauma-informed training for staff, volunteers, parents, guardians, or caregivers;
16. Includes established policies and procedures for the protection of youth; and,
17. Maintains high standards for effective screening, selection, and training of staff and volunteers, including, but not limited to, all of the following:
18. Background checks for an administrator, employee, or regular volunteer of a youth service organization to identify and exclude any persons with a history of child abuse.
19. Training in child abuse and neglect and training in child abuse and neglect reporting which can be satisfied by completing the online mandated reporter training provided by the Office of Child Abuse Prevention;
20. Policies to ensure comprehensive screening and training of volunteers and parents or guardians, and regular contact with volunteers and parents or guardians;
21. Has an established system of determining appropriate matches between mentors and mentees, including, to the greatest extent possible, commonalities in background, culture, interests, and life experience; and,
22. Has an established professional monitoring system for match relationships.
23. Requires a social worker or probation officer to provide updates on new placements to any mentor with whom the foster youth has a mentoring relationship and the foster youth was not referred or ordered to the mentor, pursuant to these provisions.
24. Requires the court, if recommending mentoring for a child or youth in foster care, or orders mentoring for a foster youth who has served time in detention in the juvenile justice system, to consent to providing placement and social worker information to a mentoring organization selected pursuant to these provisions in order to ensure the most successful match with a mentor as possible in order to facilitate a positive and effective mentoring relationship.
25. Makes findings and declarations related to the need for additional supports for foster youth, including one-to-one mentoring programs, the role of a social worker’s written court report and case plan, and includes the following data:
26. Less than one-half of all foster youth in California graduate high school;
27. Seventy-five percent of foster youth report at least one pregnancy by the age of 21;
28. Every year approximately 4,000 youth age out of care in California with no place to call home; and,
29. One-half of youth who have aged out of foster care end up homeless or incarcerated.
30. Makes various declarations related to the outcomes of mentoring programs and states that while California policymakers have worked diligently to improve and strengthen the state’s foster care services for those in care, in permanent placements, in reunification, and within the juvenile justice system, children in foster care and former foster youth outcomes often continue the cycle of poverty, abuse, lack of education, substance abuse, incarceration, and homelessness.
31. Further declares that foster children and youth would benefit from one-to-one mentoring models that provide appropriately screened, trained, and matched adult mentors that bring an approach to building positive relationships, positive experiences, and improved goals and outcomes. While a limited commitment is often required, mentor and mentee relationships often last several years or even a lifetime.
32. States legislative intent to increase stability of children and youth in foster care, and in adoptive, kinship, and guardianship families by increasing the supports provided to these children and youth.
33. Requires, at each status review hearing, the social study to include an updated case plan and whether the child or NMD would likely experience emotional and social benefits from a mentor, and should be ordered to participate in one-to-one mentoring with a mentor.

EXISTING LAW:

1. States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being neglected, exploited, and/or physically, sexually, and emotionally abused and to ensure the safety of children who are at risk of that harm. Specifies that safety, protection, and physical and emotional well-being may include the provision of social and health services to help the child and family and a balanced focus on the health and well-being of the child along with the preservation of the family. (Welfare and Institutions Code Section [WIC] 300.2)
2. Declares the intent of the Legislature to, whenever possible preserve and strengthen a child’s family ties and ensure that if the child is removed from their family, the state shall work to secure as nearly as possible for the child the custody, care, and discipline equivalent to that which should have been given to the child by their parents. Further, 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 setting and as close to the child’s family as possible, as specified. (WIC 16000)
3. 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))
4. Declares the case plan as the foundation and central unifying tool in child welfare services, and requires a child welfare/probation case plan, whichever is applicable, to include certain information, including, but not limited to: assessment of child and family needs; consideration of the child and family team recommendations; a description of the circumstances that resulted in the minor being placed under the supervision of the probation department and in foster care; and, to identify specific goals and the appropriateness of services in meeting those goals, among others. (WIC 16501.1 and 706.6)
5. Requires a social worker, at least 10 calendar days prior to the hearing in which an order is made placing a child under the supervision of the juvenile court, to file a supplemental report with the court describing the services offered to the family and the progress made by the family in eliminating the conditions or factors requiring court supervision. Further requires the social worker to make a recommendation regarding the necessity of continued supervision and for a copy of this report to be furnished to all parties at least 10 calendar days prior to the hearing. (WIC 364(b))
6. Enumerates requirements for certain reports made to the court by social workers, CASAs, and probation officers, including topics about which the report contains a factual discussion, including a youth’s health and education summary, whether the youth has any siblings under the court’s jurisdiction, and what actions have been taken by the youth’s parent to correct the problems that caused the child to be made a dependent child of the court, among others. (WIC 366.1, 366.3, 366.31, and 706.5).

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

COMMENTS:

Background: Child Welfare Services (CWS): California’s CWS system was established with the goal of protecting youth from abuse and neglect and is designed to provide for the safety, health, and overall well-being of children. When a child is identified as being at risk of abuse or neglect, reports can be made to either law enforcement or a county child welfare agency. Often, these reports are submitted by mandated reporters who are legally required to report suspicion of child abuse or neglect due to their profession, such as a teacher or physician. When a mandated reporter submits a report to either law enforcement or the county child welfare agency, a social worker determines whether the allegation is of suspected abuse, neglect, or exploitation. The child's social worker and the court collaborate to evaluate and review the circumstances of each case, seeking either reunification or placement outside of the home as a way for the child to achieve permanency.

California's CWS programs are administered by the 58 individual counties with each county organizing and operating its own program of child protection based on local needs while adhering to state and federal regulations. When a child welfare case is open, counties are the primary governmental entity interacting with children and families when addressing issues of child abuse and neglect and are responsible, either directly or through providers, for obtaining or providing the interventions and relevant services to protect children and assist families with issues related to child abuse and neglect.

The California Department of Social Services (CDSS) secures federal funding to support CWS 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.

Court Appointed Special Advocate is a trained volunteer, appointed by a judge in a local court, who advocates for a child who has experienced abuse or neglect, with ongoing supervision from professionals at local nonprofit CASA programs. These volunteers are assigned to the same youth while they’re in the CWS system regardless of changes in placements or schools. As an educational rights holder for a foster child, a CASA has the legal authority to attend teacher conferences, monitor grades, keep track of progress, and ensure the court provides the student with access to needed services.

This bill specifies that a mentor is an individual who works for, or volunteers with, a nonprofit organization, as described in these provisions, and is not be considered a CASA.

Foster youth mentoring: According to a 2021 study entitled, “A Meta-analysis of the Effects of Mentoring on Youth in Foster Care,” formal mentoring, in which mentors and mentees are matched through programs, is another common intervention strategy for addressing the needs of foster youth. By modeling caring and providing support, mentors can both challenge negative views that some youth may hold of themselves, and demonstrate that positive relationships with adults are possible. The study asserts that, in this way, a mentoring relationship may become a “corrective experience” for youth who have experienced unsatisfactory relationships with parents or other caregivers.

MENTOR, an organization that focuses on youth mentoring, states that, “Mentoring is essential to everyone’s development whether it happens organically or formally. For the majority of youth in foster care, there is no safety net to rely on during the transition from dependence to independence. This places even more importance on those caring adults whom they learn to trust over time.” Their 2014 report stated that youth facing risks with mentors were more likely to aspire to attend and to enroll in college, more likely to report participating in sports and other extracurricular activities, and more likely to report taking on leadership roles in school and extracurricular activities and to regularly volunteer in their communities.

Author’s statement: According to the author, “Foster youth experience traumatic experiences including physical, emotional, or sexual abuse, neglect, or abandonment, and/or witness (sometimes often) traumatic experiences. Studies have shown that foster youth experience Post-Traumatic Stress Disorder (PTSD) at twice the rate of U.S. War Veterans. Many who exit foster care through an abrupt transition are further impacted as they face their independence without support and guidance from adult family members and friends. Mentors provide a valuable, guiding and inspiring relationship with mentees and often maintain the relationship with their mentees for many years, and even a lifetime. Mentors who are trauma-informed and can relate to a foster youth who has suffered failures from adults in their lives can often be a lifeline for their mentees and can help them see beyond current circumstances to understand that they can have successful lives despite their past experiences. Non-profits that have experience with foster youth mentoring, including Big Brothers Big Sisters, CASA and others strive daily to help improve the lives and the futures of foster youth. [This bill] provides a process in the child welfare system that strengthens opportunities for foster youth to access mentors through their Child and Family Teams, and the court. This bill provides one more point of access to support for our foster youth in California”

Need for this bill: The provisions of this bill are seeking to address the impact of trauma, abuse, neglect and abandonment on youth in foster care by authorizing the court to refer youth to one-one-one mentoring if they are referred by their social worker or probation officer. With the unique position the state and counties are in as guardians of foster youth who have been removed from their homes, this bill is addressing the lack of positive adult role models in these youth’s lives. Mentoring can provide positive role models who can empower foster youth, expand their view of the world, and help them envision a life that includes higher education.

Equity Impact: Foster youth represent one of the most vulnerable and academically at-risk student groups, according to the California Department of Education and suffer poorer educational outcomes with higher rates of suspension and lower rates of graduation. According to the Legislative Analyst’s Office (LAO), in California, the populations reflected in foster care are predominantly youth of color as 21% are Black and 50% are Latino. Further highlighting the disproportionality comprising the foster youth population, the number of Black and Native American youth in foster care are four times larger than the number of the general population of Black and Native American youth in California. The LAO also states that racial disproportionalities and disparities are present within initial allegations and persist at all levels of the system—becoming the most pronounced for youth in care. Additionally, LGBTQ youth are also overrepresented in foster care, according to the UCLA Williams Institute, with 13.6 % of foster youth identifying as lesbian, gay, bisexual, or questioning, and 5.6% identifying as transgender, compared to 10.3% of California’s students in public middle and high schools identifying as LGBTQ.

By encouraging foster and probation-supervised youth to become involved with mentorship programs, foster youth are being exposed to positive role models who have the potential to shape their world view and place these youth on a positive path toward achievement that could lead to self-sufficiency in adulthood. As a result of the systems and structures that lead to the gaps in opportunity that many foster youth face, mentoring programs create access to positive adult relationships outside of the family, and can provide a response to the unique issues that foster youth face.

Double referral: This bill will be referred to the Assembly Judiciary Committee should it pass out of this committee.

REGISTERED SUPPORT / OPPOSITION:

Support

Big Brothers Big Sisters (Sponsor)

Big Brothers Big Sisters of Orange County and the Inland Empire, INC

National Association of Social Workers, California Chapter

Opposition

None on file

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