Existing law establishes the Independent Living Program (ILP), which has among its purposes providing training in daily living skills, budgeting, locating and maintaining housing, and career planning for foster youth up to 21 years of age. Existing federal law authorizes a state, under certain circumstances, to expand eligibility for the ILP to former foster youth who have not attained 23 years of age. Existing law requires the State Department of Social Services, with the approval of the federal government, to amend the foster care state plan to permit all eligible children to be served by the ILP up to 21 years of age.

Existing law authorizes a child who is declared a ward or dependent child of the court who is 16 years of age or older, or a nonminor dependent, as defined, who is participating in a transitional independent living case plan to retain resources with a combined value of $10,000, consistent with federal law, and still remain eligible to receive public social services. Existing law requires the written approval of a childs probation officer or social worker for withdrawal of the childs savings, as specified.

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 requires the county to review the child or nonminor dependents payment amount annually, including an examination of any circumstances of a foster child or nonminor dependent that are subject to change and could affect the childs or nonminor dependents potential eligibility or payment amount.

This bill would remove that monetary value limit and instead allow those nonminor dependents to retain resources consistent with federal law. The bill would prohibit those resources from being evaluated after the initial determination for the same foster care episode to determine continued eligibility for a foster care maintenance payment. The bill would require AFDC-FC benefits to be available if all other criteria are met but the nonminor is determined ineligible for federal financial participation pursuant to specified criteria. Because counties would administer these extended benefits, this 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 establishes the Independent Living Program (ILP), which has among its purposes providing training in daily living skills, budgeting, locating and maintaining housing, and career planning for foster youth up to 21 years of age. Existing federal law authorizes a state, under certain circumstances, to expand eligibility for the ILP to former foster youth who have not attained 23 years of age. Existing law requires the State Department of Social Services, with the approval of the federal government, to amend the foster care state plan to permit all eligible children to be served by the ILP up to 21 years of age.

Existing law authorizes a child who is declared a ward or dependent child of the court who is 16 years of age or older, or a nonminor dependent, as defined, who is participating in a transitional independent living case plan to retain resources with a combined value of $10,000, consistent with federal law, and still remain eligible to receive public social services. Existing law requires the written approval of a childs probation officer or social worker for withdrawal of the childs savings, as specified.

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 requires the county to review the child or nonminor dependents payment amount annually, including an examination of any circumstances of a foster child or nonminor dependent that are subject to change and could affect the childs or nonminor dependents potential eligibility or payment amount.

This bill would remove that monetary value limit and instead allow those nonminor dependents to retain resources consistent with federal law. The bill would prohibit those resources from being evaluated after the initial determination for the same foster care episode to determine continued eligibility for a foster care maintenance payment. The bill would require AFDC-FC benefits to be available if all other criteria are met but the nonminor is determined ineligible for federal financial participation pursuant to specified criteria. Because counties would administer these extended benefits, this 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 establishes the Independent Living Program (ILP), which has among its purposes providing training in daily living skills, budgeting, locating and maintaining housing, and career planning for foster youth up to 21 years of age. Existing federal law authorizes a state, under certain circumstances, to expand eligibility for the ILP to former foster youth who have not attained 23 years of age. Existing law requires the State Department of Social Services, with the approval of the federal government, to amend the foster care state plan to permit all eligible children to be served by the ILP up to 21 years of age.

Existing law authorizes a child who is declared a ward or dependent child of the court who is 16 years of age or older, or a nonminor dependent, as defined, who is participating in a transitional independent living case plan to retain resources with a combined value of $10,000, consistent with federal law, and still remain eligible to receive public social services. Existing law requires the written approval of a childs probation officer or social worker for withdrawal of the childs savings, as specified.

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 requires the county to review the child or nonminor dependents payment amount annually, including an examination of any circumstances of a foster child or nonminor dependent that are subject to change and could affect the childs or nonminor dependents potential eligibility or payment amount.

This bill would remove that monetary value limit and instead allow those nonminor dependents to retain resources consistent with federal law. The bill would prohibit those resources from being evaluated after the initial determination for the same foster care episode to determine continued eligibility for a foster care maintenance payment. The bill would also authorize a nonminor dependent who reenters foster care, as specified, and is ineligible for federal financial participation due to cash savings in an amount that is greater than allowed, to receive aid in the form of state AFDC-FC if certain requirements are met. require AFDC-FC benefits to be available if all other criteria are met but the nonminor is determined ineligible for federal financial participation pursuant to specified criteria. Because counties would administer these extended benefits, this 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 establishes the Independent Living Program (ILP), which has among its purposes providing training in daily living skills, budgeting, locating and maintaining housing, and career planning for foster youth up to 21 years of age. Existing federal law authorizes a state, under certain circumstances, to expand eligibility for the ILP to former foster youth who have not attained 23 years of age. Existing law requires the State Department of Social Services, with the approval of the federal government, to amend the foster care state plan to permit all eligible children to be served by the ILP up to 21 years of age.

Existing law authorizes a child who is declared a ward or dependent child of the court who is 16 years of age or older, or a nonminor dependent, as defined, who is participating in a transitional independent living case plan to retain resources with a combined value of $10,000, consistent with federal law, and still remain eligible to receive public social services. Existing law requires the written approval of a childs probation officer or social worker for withdrawal of the childs savings, as specified.

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.

This bill would remove that monetary value limit and instead allow those nonminor dependents to retain resources consistent with federal law. The bill would prohibit those resources from being evaluated after the initial determination for the same foster care episode to determine continued eligibility for a foster care maintenance payment. The bill would also authorize a nonminor dependent who reenters foster care, as specified, and is ineligible for federal financial participation due to cash savings in an amount that is greater than allowed, to receive aid in the form of state AFDC-FC if certain requirements are met. Because counties would administer these extended benefits, this 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 establishes the Independent Living Program (ILP), which has among its purposes providing training in daily living skills, budgeting, locating and maintaining housing, and career planning for foster youth up to 21 years of age. Existing federal law authorizes a state, under certain circumstances, to expand eligibility for the ILP to former foster youth who have not attained 23 years of age. Existing law requires the State Department of Social Services, with the approval of the federal government, to amend the foster care state plan to permit all eligible children to be served by the ILP up to 21 years of age.

Existing law authorizes a child who is declared a ward or dependent child of the court who is 16 years of age or older, or a nonminor dependent, as defined, who is participating in a transitional independent living case plan to retain resources with a combined value of $10,000, consistent with federal law, and still remain eligible to receive public social services. Existing law requires the written approval of a childs probation officer or social worker for withdrawal of the childs savings, as specified.

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.

This bill would remove that monetary value limit and instead allow those nonminor dependents to retain resources consistent with federal law. The bill would prohibit those resources from being evaluated after the initial determination for the same foster care episode to determine continued eligibility for a foster care maintenance payment. The bill would also authorize a nonminor dependent who reenters foster care, as specified, and is ineligible for federal financial participation due to cash savings in an amount that is greater than allowed, to receive aid in the form of state AFDC-FC if certain requirements are met. Because counties would administer these extended benefits, this 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.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2477

Author:(Zbur)

As Amended Ver:August 14, 2024

Majority vote

SUMMARY

Clarifies that a nonminor dependent (NMD) who re-enters foster care and is ineligible for federal financial participation, is eligible to receive aid in the form of state Aid to Families with Dependent Children – Foster Care (AFDC-FC) if all other specified criteria are met.

Senate Amendments

Make technical and conforming changes by adding the provisions of the bill to different code sections to ensure appropriate implementation and alignment with federal law.

COMMENTS

Background: Child Welfare Services. California's child welfare services 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 child welfare services programs, provides statewide best practices training for social workers, conducts program regulatory oversight and administration, and is responsible for the development of policy while also providing direct services such as adoption placements.

As of April 1, 2024, there were 42,321 youth from birth up to the age of 21 in foster care.

Extended Foster Care. As a result of the passage of AB 12 (Beall), Chapter 559, Statutes of 2009, foster youth between the ages of 18 and 20, also known as NMDs, are eligible for extended foster care. Extended foster care is a benefit available to eligible youth to assist them to achieve self-sufficiency and includes educational opportunities, employment trainings, and supervised independent living environments. For a foster youth to be eligible for extended foster care, they must continue to be under the responsibility of the county welfare department, county probation department, or Indian tribe, and participating in a transitional independent learning plan (TILP). When an NMD ages out of extended foster care at 21 years of age, state law provides for various exit requirements to ensure the youth are provided with all the necessary information to thrive in their transition to adulthood.

Limits Placed on Savings for Foster Youth. Currently, state law specifies that in addition to the personal property permitted by other provisions of law, a foster youth who is 16 years of age or older, or an NMD who is participating in a TILP, is only authorized to retain resources with a combined value of not more than $10,000, consistent with the federal Foster Care Independence Act of 1999 and the youth's TILP.

Any cash savings are required to be the child's own money and must be deposited by the youth, or on behalf of the youth, in any bank or savings and loan institution insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation. If a youth wishes to withdraw the savings, they are required to secure the written approval of the youth's probation officer or social worker and the reason for the withdrawal must be directly related to the goal of emancipation. This written approval is not required for withdrawals by an NMD. The cash savings are required to be for the youth's use for purposes directly related to the youth's TILP goals.

Federal and State AFDC-FC. Funding to provide for the needs of youth in California's foster care system is provided by either the state or federal government. Federal AFDC-FC, also referred to as Title IV-E funding, is the aid provided on behalf of needy children in foster care who meet the eligibility requirements, as specified in department regulations and in applicable federal laws. In order to be eligible for federal AFDC-FC, the home from which a foster youth was removed must meet AFDC-FC eligibility criteria from 1996. Specifically, during the month of removal or one of the six months prior to removal, the youth must have been eligible for or receiving federal public assistance as of July 16, 1996, in that home. In 1996, the monthly income limit for a family of three to qualify for AFDC-FC was $723.

Because the criteria to receive federal AFDC-FC funding is rarely met due to the limit being so low, California created state AFDC-FC, which blends state and county funds to provide for youth who are otherwise ineligible for federal AFDC-FC. Under state AFDC-FC, counties provide payments to foster care providers on behalf of qualified children in foster care according to a schedule of basic rates, administered by CDSS, to pay for the care and supervision of each foster child. In summary, state AFDC-FC primarily relies on state-specific rules and funding, while federal AFDC-FC combines federal, state, and county resources.

Federal Limit on Resources and Re-Entry into Foster Care. Current law states that $10,000 is the resources threshold for federal AFDC-FC eligibility, but advocates claim that counties have been interpreting this to mean that youth in foster care lose eligibility for all foster care payments if their savings exceed $10,000.

To clarify this provision of law, CDSS issued All County Letter (ACL) 22-16 that said, "If a child in an authorized foster care placement is determined ineligible for a federal IV-E foster care payment for any reason (e.g. income/resources/deprivation standards), they are otherwise eligible to receive aid in the form of AFDC-FC, but without federal financial participation in the payment. Any provisions of the Manual of Policies and Procedures conflicting with this guidance will be amended in an upcoming regulations package."

The guidance clarifies that a youth in foster care can save more than $10,000 without jeopardizing their determination of benefits eligibility for continued support in extended foster care. Stakeholders report that caseworkers who are unaware of the policy change still cite the $10,000 savings cap as a trigger for re-determination of eligibility and that regularly used forms and documents also refer to the $10,000 savings cap without the nuance of the updated interpretation. In an effort to avoid confusion and address this reported problem, this bill strikes the reference to $10,000 altogether.

The ACL further states that, "Consistent with ACL 11-10, an eligibility redetermination is not required when a minor child or nonminor dependent (NMD) in foster care receives income or property after the initial linkage determination has been completed. In other words, if a youth in foster care receives income (e.g. through an inheritance or receipt of tribal trust fund), that income is not to be evaluated and has no impact on the youth's continued eligibility for AFDC-FC benefits."

According to the guidance, youth who are continuously in foster care through their 18th birthday maintain eligibility without needing to reevaluate the youth's incomes and resources. Youth who were eligible for federal funds before their 18th birthday will remain eligible until formally released from foster care via court order.

As described by CDSS in ACL 22-16, due to a 2010 change in federal law, annual re-determinations are no longer required by the federal Administration of Child and Families (ACF) and, effective February 15, 2022, income and resources are not to be evaluated after the initial determination for the same foster care episode in order to determine continued eligibility for an AFDC-FC payment. ACF describes a foster care episode as a removal with one or more placement settings. A previous episode is one that has been completed by a discharge. A current episode is a removal and one or more placement settings without a discharge. This means if a foster youth exits care upon reunification or permanent placement is discharged, and then reenters foster care at a later date, that will be considered another episode of foster care.

This bill aligns with the guidance issued by CDSS by clarifying that consistent with federal law, resources are prohibited from being evaluated after the initial determination for the same foster care episode to determine continued eligibility for a foster care maintenance payment.

Equity Implications: The provisions of this bill seek to clarify provisions in law that create barriers to foster youth building up savings. Existing law states that youth in foster care can only save up to $10,000 when they could be subject to a redetermination evaluation and lose their benefits due to income or resource ineligibility. Inconsistencies in the information youth are being told about the amount they can keep in their savings could potentially deter youth from accumulating savings and hamper their successful transition to independence.

Youth in foster care are disproportionately people of color and LGBTQ. Children of color, specifically Black and Native American children, continue to experience disparities at every stage of the child welfare system: maltreatment reports, investigations, case substantiations, service referrals, out-of-home placements, family reunification, termination of parental rights, and time spent in foster care. Recent research suggests that LGBTQ foster youth are overrepresented in those reporting unstable housing and face poorer treatment while in the system and lower rates of achieving permanency, as well as bleaker outcomes after they age out, including lower educational attainment and higher odds of homelessness and financial instability.

By clarifying that foster youth are not limited to saving a specific dollar amount, those who have already experienced the trauma of being removed from their homes would be able to focus on achieving self-sufficiency and money management while receiving all of the benefits to which they are entitled. While this consistent application of the law can potentially help all foster youth, it can have a particularly deep impact on the marginalized population within foster care as they seek stability and independence.

According to the Author

"[This bill] permits youth transitioning to adulthood from foster care the chance to grow the best financial safety net possible. Specifically, this bill updates state law to clarify that young adults have the ability to accumulate cash savings while in foster care. It is critically important that the State sets up our youth in foster care for long-term success and a financial safety net is one resource that supports future-ready transitions."

Arguments in Support

According to the Western Center on Law and Poverty, "This bill clarifies ambiguities in current law that appear to set a cap on savings while a youth is in extended foster care. It is critical that youth can accumulate resources to help them transition out of the system. California is an expensive state, with housing being a large expense that requires savings to afford first and last month's rent plus a security deposit. Not to mention money for food, clothing, utilities, and other necessary expenses. The bill also prohibits those resources from being evaluated after the initial determination for the same foster care episode to determine continued eligibility for a foster care maintenance payment. The bill would also require AFDC-FC benefits to be available if all other criteria are met but the nonminor is determined ineligible for federal financial participation pursuant to specified criteria."

Arguments in Opposition

No opposition on file.

FISCAL COMMENTS

According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, the April 4, 2024, version of the bill would result in negligible state costs.

VOTES:

ASM HUMAN SERVICES: 7-0-0

YES: Lee, Essayli, Calderon, Gipson, Jackson, Ta, Ortega

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua

ASSEMBLY FLOOR: 75-0-5

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, 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

ABS, ABST OR NV: Boerner, Megan Dahle, Gallagher, Hart, Mathis

SENATE FLOOR: 40-0-0

YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, 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

UPDATED

VERSION: August 14, 2024

CONSULTANT: Jessica Langtry / HUM. S. / (916) 319-2089 FN: 0004720

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2477

Author:(Zbur)

As Amended Ver:August 14, 2024

Majority vote

SUMMARY

Clarifies that a nonminor dependent (NMD) who re-enters foster care and is ineligible for federal financial participation, is eligible to receive aid in the form of state Aid to Families with Dependent Children – Foster Care (AFDC-FC) if all other specified criteria are met.

Senate Amendments

Make technical and conforming changes by adding the provisions of the bill to different code sections to ensure appropriate implementation and alignment with federal law.

COMMENTS

Background: Child Welfare Services. California's child welfare services 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 child welfare services programs, provides statewide best practices training for social workers, conducts program regulatory oversight and administration, and is responsible for the development of policy while also providing direct services such as adoption placements.

As of April 1, 2024, there were 42,321 youth from birth up to the age of 21 in foster care.

Extended Foster Care. As a result of the passage of AB 12 (Beall), Chapter 559, Statutes of 2009, foster youth between the ages of 18 and 20, also known as NMDs, are eligible for extended foster care. Extended foster care is a benefit available to eligible youth to assist them to achieve self-sufficiency and includes educational opportunities, employment trainings, and supervised independent living environments. For a foster youth to be eligible for extended foster care, they must continue to be under the responsibility of the county welfare department, county probation department, or Indian tribe, and participating in a transitional independent learning plan (TILP). When an NMD ages out of extended foster care at 21 years of age, state law provides for various exit requirements to ensure the youth are provided with all the necessary information to thrive in their transition to adulthood.

Limits Placed on Savings for Foster Youth. Currently, state law specifies that in addition to the personal property permitted by other provisions of law, a foster youth who is 16 years of age or older, or an NMD who is participating in a TILP, is only authorized to retain resources with a combined value of not more than $10,000, consistent with the federal Foster Care Independence Act of 1999 and the youth's TILP.

Any cash savings are required to be the child's own money and must be deposited by the youth, or on behalf of the youth, in any bank or savings and loan institution insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation. If a youth wishes to withdraw the savings, they are required to secure the written approval of the youth's probation officer or social worker and the reason for the withdrawal must be directly related to the goal of emancipation. This written approval is not required for withdrawals by an NMD. The cash savings are required to be for the youth's use for purposes directly related to the youth's TILP goals.

Federal and State AFDC-FC. Funding to provide for the needs of youth in California's foster care system is provided by either the state or federal government. Federal AFDC-FC, also referred to as Title IV-E funding, is the aid provided on behalf of needy children in foster care who meet the eligibility requirements, as specified in department regulations and in applicable federal laws. In order to be eligible for federal AFDC-FC, the home from which a foster youth was removed must meet AFDC-FC eligibility criteria from 1996. Specifically, during the month of removal or one of the six months prior to removal, the youth must have been eligible for or receiving federal public assistance as of July 16, 1996, in that home. In 1996, the monthly income limit for a family of three to qualify for AFDC-FC was $723.

Because the criteria to receive federal AFDC-FC funding is rarely met due to the limit being so low, California created state AFDC-FC, which blends state and county funds to provide for youth who are otherwise ineligible for federal AFDC-FC. Under state AFDC-FC, counties provide payments to foster care providers on behalf of qualified children in foster care according to a schedule of basic rates, administered by CDSS, to pay for the care and supervision of each foster child. In summary, state AFDC-FC primarily relies on state-specific rules and funding, while federal AFDC-FC combines federal, state, and county resources.

Federal Limit on Resources and Re-Entry into Foster Care. Current law states that $10,000 is the resources threshold for federal AFDC-FC eligibility, but advocates claim that counties have been interpreting this to mean that youth in foster care lose eligibility for all foster care payments if their savings exceed $10,000.

To clarify this provision of law, CDSS issued All County Letter (ACL) 22-16 that said, "If a child in an authorized foster care placement is determined ineligible for a federal IV-E foster care payment for any reason (e.g. income/resources/deprivation standards), they are otherwise eligible to receive aid in the form of AFDC-FC, but without federal financial participation in the payment. Any provisions of the Manual of Policies and Procedures conflicting with this guidance will be amended in an upcoming regulations package."

The guidance clarifies that a youth in foster care can save more than $10,000 without jeopardizing their determination of benefits eligibility for continued support in extended foster care. Stakeholders report that caseworkers who are unaware of the policy change still cite the $10,000 savings cap as a trigger for re-determination of eligibility and that regularly used forms and documents also refer to the $10,000 savings cap without the nuance of the updated interpretation. In an effort to avoid confusion and address this reported problem, this bill strikes the reference to $10,000 altogether.

The ACL further states that, "Consistent with ACL 11-10, an eligibility redetermination is not required when a minor child or nonminor dependent (NMD) in foster care receives income or property after the initial linkage determination has been completed. In other words, if a youth in foster care receives income (e.g. through an inheritance or receipt of tribal trust fund), that income is not to be evaluated and has no impact on the youth's continued eligibility for AFDC-FC benefits."

According to the guidance, youth who are continuously in foster care through their 18th birthday maintain eligibility without needing to reevaluate the youth's incomes and resources. Youth who were eligible for federal funds before their 18th birthday will remain eligible until formally released from foster care via court order.

As described by CDSS in ACL 22-16, due to a 2010 change in federal law, annual re-determinations are no longer required by the federal Administration of Child and Families (ACF) and, effective February 15, 2022, income and resources are not to be evaluated after the initial determination for the same foster care episode in order to determine continued eligibility for an AFDC-FC payment. ACF describes a foster care episode as a removal with one or more placement settings. A previous episode is one that has been completed by a discharge. A current episode is a removal and one or more placement settings without a discharge. This means if a foster youth exits care upon reunification or permanent placement is discharged, and then reenters foster care at a later date, that will be considered another episode of foster care.

This bill aligns with the guidance issued by CDSS by clarifying that consistent with federal law, resources are prohibited from being evaluated after the initial determination for the same foster care episode to determine continued eligibility for a foster care maintenance payment.

Equity Implications: The provisions of this bill seek to clarify provisions in law that create barriers to foster youth building up savings. Existing law states that youth in foster care can only save up to $10,000 when they could be subject to a redetermination evaluation and lose their benefits due to income or resource ineligibility. Inconsistencies in the information youth are being told about the amount they can keep in their savings could potentially deter youth from accumulating savings and hamper their successful transition to independence.

Youth in foster care are disproportionately people of color and LGBTQ. Children of color, specifically Black and Native American children, continue to experience disparities at every stage of the child welfare system: maltreatment reports, investigations, case substantiations, service referrals, out-of-home placements, family reunification, termination of parental rights, and time spent in foster care. Recent research suggests that LGBTQ foster youth are overrepresented in those reporting unstable housing and face poorer treatment while in the system and lower rates of achieving permanency, as well as bleaker outcomes after they age out, including lower educational attainment and higher odds of homelessness and financial instability.

By clarifying that foster youth are not limited to saving a specific dollar amount, those who have already experienced the trauma of being removed from their homes would be able to focus on achieving self-sufficiency and money management while receiving all of the benefits to which they are entitled. While this consistent application of the law can potentially help all foster youth, it can have a particularly deep impact on the marginalized population within foster care as they seek stability and independence.

According to the Author

"[This bill] permits youth transitioning to adulthood from foster care the chance to grow the best financial safety net possible. Specifically, this bill updates state law to clarify that young adults have the ability to accumulate cash savings while in foster care. It is critically important that the State sets up our youth in foster care for long-term success and a financial safety net is one resource that supports future-ready transitions."

Arguments in Support

According to the Western Center on Law and Poverty, "This bill clarifies ambiguities in current law that appear to set a cap on savings while a youth is in extended foster care. It is critical that youth can accumulate resources to help them transition out of the system. California is an expensive state, with housing being a large expense that requires savings to afford first and last month's rent plus a security deposit. Not to mention money for food, clothing, utilities, and other necessary expenses. The bill also prohibits those resources from being evaluated after the initial determination for the same foster care episode to determine continued eligibility for a foster care maintenance payment. The bill would also require AFDC-FC benefits to be available if all other criteria are met but the nonminor is determined ineligible for federal financial participation pursuant to specified criteria."

Arguments in Opposition

No opposition on file.

FISCAL COMMENTS

According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, the April 4, 2024, version of the bill would result in negligible state costs.

VOTES:

ASM HUMAN SERVICES: 7-0-0

YES: Lee, Essayli, Calderon, Gipson, Jackson, Ta, Ortega

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua

ASSEMBLY FLOOR: 75-0-5

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, 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

ABS, ABST OR NV: Boerner, Megan Dahle, Gallagher, Hart, Mathis

UPDATED

VERSION: August 14, 2024

CONSULTANT: Jessica Langtry / HUM. S. / (916) 319-2089 FN: 0004720

 THIRD READING  

Bill No: AB 2477

Author: Zbur (D)

Amended: 8/14/24 in Senate

Vote: 21

SENATE HUMAN SERVICES COMMITTEE: 4-0, 6/3/24

AYES: Alvarado-Gil, Ochoa Bogh, Blakespear, Menjivar

NO VOTE RECORDED: Hurtado

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 75-0, 4/25/24 (Consent) - See last page for vote

SUBJECT: Foster care: independent living

SOURCE: Author

DIGEST:

This bill allows a nonminor dependent (NMD) that re-enters the foster care system with financial savings that make them ineligible for Federal Aid to Families with Dependent Children (federal AFDC-FC) to receive aid through State Aid to Families with Dependent Children-Foster Care (state AFDC-FC) if they otherwise qualify. The bill also prohibits a county from re-evaluating a dependent’s resources for the same foster care episode.

Senate Floor Amendments of 8/14/24 add the provisions of the bill to additional code sections to ensure appropriate implementation and alignment with federal law.

ANALYSIS:

Existing law:

1. Establishes a state and local system of child welfare services, including foster care, for children who have been adjudged by the court to be at risk of abuse and neglect, or have been abused or neglected, as specified. (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, 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. Requires the California Department of Social Services (CDSS) to, with the approval of the federal government, permit all eligible children to be served by the Independent Living Program (ILP) until age 21. (WIC 10609.3(d))
4. Delineates responsibilities for CDSS in the development and administration of the ILP. (WIC 10609.4)
5. Defines a “nonminor dependent” (NMD) as a current or former foster youth who is between 18 and not more than 20 years of age, in foster care under the responsibility of the county welfare department, county probation department, or Indian tribe, and is has a transitional independent living case plan (TILP). (WIC 11400(v))
6. Requires aid in the form of AFDC-FC to be provided on behalf of any child under 18 years of age, and to any NMD who meets specified conditions. (WIC 11401)
7. Allows a nonminor former foster youth under the age of 21 to petition the court for re-entry into foster care if their guardian or adoptive parent is no longer providing them with support and no longer collecting benefits on behalf of the youth. (WIC 388.1)
8. Prohibits, in addition to the personal property permitted by other provisions, a dependent child, who is 16 years of age or older, or, an NMD who is participating in a TILP, to retain resources with a combined value of not more $10,000, consistent with Section 472(a) of the federal Social Security Act (42 U.S.C. Sec. 672(a)) as contained in the federal Foster Care Independence Act of 1999 (Public Law 106-169) and the child’s transitional independent living plan. (WIC 11155.5)

This bill:

1. Aligns state law with the federal guidance by prohibiting a county from re-evaluating a dependent’s resources for eligibility of foster care maintenance payments for the same foster care episode.
2. Allows NMDs to receive aid through the state AFDC-FC if their financial savings disqualify them from federal aid if all other criteria for the program are met.

Comments

Author’s statement. According to the author, “This bill permits youth transitioning to adulthood from foster care the chance to grow the best financial safety net possible. Specifically, this bill updates state law to clarify that young adults have the ability to accumulate cash savings while in foster care. Existing law states that youth in foster care can only save up to $10,000, subject to a redetermination evaluation that may lead to the loss of benefits due to income or resource ineligibility. While many foster youth never accumulate that much in savings, some do, and having a financial safety net is to be encouraged. Further, when a youth in foster care pursues employment as a goal of their TILP, those earnings do not count towards this savings cap. Instead, state law has been interpreted over the past decade to exclude youth from extended foster care once they successfully save $10,000 or artificially limit youth in care from accumulating more than $10,000 in savings. This bill clarifies ambiguities in state law that appear to cap youths' cash savings to reflect recent departmental guidance.”

The author also states, “This bill attempts to prevent inequities for current foster youth by clarifying state law that has hampered their ability to successfully accumulate a cash savings. Youth in foster care, who are disproportionately people of color and identify as LGBTQ+, children of color, and specifically Black and Native American children, continue to experience disparities at every stage of the child welfare system: maltreatment reports, investigations, case substantiations, service referrals, out-of-home placements, family reunification, termination of parental rights, and time spent in foster care.”

Independent Living Program (ILP) and Transitional Independent Living Plan (TILP). The ILP provides training, services, and benefits to assist current and former foster youth in achieving self-sufficiency prior to, and after leaving, the foster care system. The TILP is a case plan document that describes the “emancipation preparation services” that are be provided to the youth 16 and over. In California, case workers and youth collaborate to create a TILP based on their goals as well as their individual needs and circumstances by identifying the ILP services needed to achieve those goals. To be eligible to receive ILP services, a youth must be at least 16 and can remain eligible until the day before the youth turns 21 years of age, provided one of the following criteria is met:

• The youth was/is in foster care at any time from their 16th to their 19th birthday.
• The youth was placed in out-of-home care by a tribe or tribal organization between their 16th and 19th birthdays.
• The youth is a former dependent who entered into a kinship guardianship at any age and is receiving or received Kinship Guardianship Assistance Payments between the ages of 16 and 18.
• The youth is a former dependent who entered into a Non-Related Legal Guardianship after attaining age eight, and is receiving or received permanent placement services.

Services provided include: living skills, money management, decision making, building self-esteem, financial assistance with college or vocational school attendance, educational resources, housing (such as Transitional Housing), and employment services. Up to 30 percent of federal funds may be used to support housing needs such as room and board for eligible youth. Additionally, counties can provide stipends to support the independent living needs of the youth so they can participate fully in the offered ILP services. Obtaining part time employment and investing savings from that employment are examples of goals that lead to increased savings.

Under current law, youth are only allowed to retain cash savings up to $10,000. However, that does not align with recent federal changes and the eligibility requirements for state AFDC-FC that have broader eligibility requirements.

AFDC- FC Eligibility Determinations. Foster care payments for eligible youth are provided through either state or federal AFDC-FC. In order to be eligible for federal AFDC-FC, the home from which the child was removed must meet AFDC eligibility criteria as established in 1996 for the month in which a dependency petition is filed with the juvenile court, or in any of the six months prior to the month in which the petition is filed. In 1996, the income limit for a family of three to qualify for AFDC was $723. Due to many youth not meeting the 1996 eligibility criteria for federal AFDC-FC, California created state AFDC-FC, which provides funding to foster children who are placed with non-relative foster parents. State AFDC-FC payments are a blend of state and county funds, while federal AFDC-FC payments are a blend of federal, state, and county funds. Whether a youth is eligible for certain services or supports is not tied to whether the youth qualifies for state or federal AFDC-FC, the only thing that differs is the funding source.

Eligibility for federal AFDC-FC is determined at the time a child is removed from their parent’s custody and eligibility not re-determined once the youth is in foster care. Since eligibility for federal AFDC-FC is determined at the time a child is removed from their parents’ custody, youth who immediately transition from foster care to extended foster care (EFC) do not undergo federal AFDC-FC eligibility re-determination, as there is no disruption in their foster care status that would warrant re-determination. This bill codifies that policy. The ACL 22-16 also cites federal guidance to reinforce that a new AFDC eligibility determination is conducted following a temporary absence from placement. Redeterminations are needed only if there is a termination of dependency and then the dependent returns to foster care.

AFDC-FC Determinations for NMDs. Current law permits nonminors who are eligible for EFC to undergo re-determination for federal AFDC-FC if they re-enter the dependency system after a termination of dependency through a voluntary re-entry agreement. Nonminors who choose to exit care and voluntarily re-enter care sometime between their 18th and 21st birthday undergo a federal AFDC-FC eligibility determination based on their household’s status at the time of re-entry. If a NMD has significant financial savings they can be determined ineligible for federal aid, consideration for state and county aid is necessary.

This bill allows an NMD that re-enters foster care who has $10,000 or more in savings that disqualifies from the federal funding sources of the AFDC-FC to still receive aid from state and county sources, based on the guidance of CDSS. In an All County Letter, 22-16, CDSS clarified that youth who are in authorized childcare placements eligible to receive aid in the form of state AFDC-FC. Even then, if a determination finds an NMD is not eligible for AFDC-FC by federal standards they can still receive AFDC-FC without the federal share. The letter also announced revised forms that “clarify that AFDC-FC payments are to be made to eligible foster care providers regardless of income or resources of the child, child’s family, or the NMD.” Federal guidance makes it clear that youth age 18 or older living independently in a supervised setting a county agency may give aid directly to the youth.

Related/Prior Legislation

AB 369 (Zbur, 2023) would have expanded eligibility for the Independent Living Program to age 23 if a county chooses to opt in by requiring CDSS to develop a plan, in consultation with stakeholders to update and upgrade curriculum to facilitate successful transitions to adulthood; obtain federal approval to permit eligible children to be served by the ILP up to 23 years of age; prohibit resources shall not be evaluated after the initial determination for the same foster care episode; and established eligibility for a NMD who reenters foster care to receive AFDC-FC if all other specified criteria are met. AB 369 was held in the Senate Appropriations Committee.

AB 640 (Cooley, Chapter 622, Statutes of 2021) created, with respect to foster youth who were ineligible for federal foster care funds before they turned 18, a process that triggers a new eligibility determination if they receive extended foster care after turning 18.

AB 12 (Beall, Chapter 599, Statutes of 2010) extended transitional foster care services to eligible youth between 18 and 21 years of age.

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

SUPPORT: (Verified 8/14/24)

Alliance for Children's Rights

Aspiranet

Bill Wilson Center

California Academy of Child and Adolescent Psychiatry

California Alliance of Caregivers

California Alliance of Child and Family Services

California Coalition for Youth

California Judges Association

Children's Law Center of California

Equality California

First Place for Youth

John Burton Advocates for Youth

Optimist Youth Homes & Family Services

Public Counsel - TAY

Safe Place for Youth

Steinberg Institute

Western Center on Law & Poverty

OPPOSITION: (Verified 8/14/24)

None received

ASSEMBLY FLOOR: 75-0, 4/25/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, 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

NO VOTE RECORDED: Boerner, Megan Dahle, Gallagher, Hart, Mathis

Prepared by: Naima Ford Antal / HUMAN S. / (916) 651-1524

8/16/24 12:47:37

**** END ****

 THIRD READING  

Bill No: AB 2477

Author: Zbur (D)

Amended: 4/4/24 in Assembly

Vote: 21

SENATE HUMAN SERVICES COMMITTEE: 4-0, 6/3/24

AYES: Alvarado-Gil, Ochoa Bogh, Blakespear, Menjivar

NO VOTE RECORDED: Hurtado

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 75-0, 4/25/24 (Consent) - See last page for vote

SUBJECT: Foster care: independent living

SOURCE: Author

DIGEST:

This bill allows a nonminor dependent (NMD) that re-enters the foster care system with financial savings that make them ineligible for Federal Aid to Families with Dependent Children (federal AFDC-FC) to receive aid through State Aid to Families with Dependent Children-Foster Care (state AFDC-FC) if they otherwise qualify. This bill also prohibits the county from re-evaluating dependent’s resources for the same foster care episode.

ANALYSIS:

Existing law:

1. Establishes a state and local system of child welfare services, including foster care, for children who have been adjudged by the court to be at risk of abuse and neglect, or have been abused or neglected, as specified. (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, 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. Requires the California Department of Social Services (CDSS) to, with the approval of the federal government, permit all eligible children to be served by the Independent Living Program (ILP) until age 21. (WIC 10609.3(d))
4. Delineates responsibilities for CDSS in the development and administration of the ILP. (WIC 10609.4)
5. Defines a NMD, as a current or former foster youth who is between 18 and not more than 20 years of age, in foster care under the responsibility of the county welfare department, county probation department, or Indian tribe, and is has a transitional independent living case plan (TILP). (WIC 11400(v))
6. Requires aid in the form of AFDC-FC to be provided on behalf of any child under 18 years of age, and to any NMD who meets specified conditions. (WIC 11401)
7. Allows a nonminor former foster youth under the age of 21 to petition the court for re-entry into foster care if their guardian or adoptive parent is no longer providing them with support and no longer collecting benefits on behalf of the youth. (WIC 388.1)
8. Prohibits, in addition to the personal property permitted by other provisions, a dependent child, who is 16 years of age or older, or, an NMD who is participating in a TILP, to retain resources with a combined value of not more $10,000, consistent with Section 472(a) of the federal Social Security Act (42 U.S.C. Sec. 672(a)) as contained in the federal Foster Care Independence Act of 1999 (Public Law 106-169) and the child’s transitional independent living plan. (WIC 11155.5)

This bill:

1. Clarifies that a dependent who has a transitional independent living case plan pursuant to the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 can retain savings of $10,000 or more.
2. Aligns state law with the federal guidance by prohibiting a county from re-evaluating a dependent’s resources for eligibility of foster care maintenance payments for the same foster care episode.
3. Allows NMDs to receive aid through the state AFDC-FC if their financial savings disqualify them from federal aid if all other criteria for the program are met.

Comments

According to the author, “This bill permits youth transitioning to adulthood from foster care the chance to grow the best financial safety net possible. Specifically, this bill updates state law to clarify that young adults have the ability to accumulate cash savings while in foster care. Existing law states that youth in foster care can only save up to $10,000, subject to a redetermination evaluation that may lead to the loss of benefits due to income or resource ineligibility. While many foster youth never accumulate that much in savings, some do, and having a financial safety net is to be encouraged. Further, when a youth in foster care pursues employment as a goal of their TILP, those earnings do not count towards this savings cap. Instead, state law has been interpreted over the past decade to exclude youth from extended foster care once they successfully save $10,000 or artificially limit youth in care from accumulating more than $10,000 in savings. This bill clarifies ambiguities in state law that appear to cap youths' cash savings to reflect recent departmental guidance.”

The author also states, “This bill attempts to prevent inequities for current foster youth by clarifying state law that has hampered their ability to successfully accumulate a cash savings. Youth in foster care, who are disproportionately people of color and identify as LGBTQ+, children of color, and specifically Black and Native American children, continue to experience disparities at every stage of the child welfare system: maltreatment reports, investigations, case substantiations, service referrals, out-of-home placements, family reunification, termination of parental rights, and time spent in foster care.”

Independent Living Program (ILP) and Transitional Independent Living Plan (TILP). The ILP provides training, services, and benefits to assist current and former foster youth in achieving self-sufficiency prior to, and after leaving, the foster care system. The TILP is a case plan document that describes the “emancipation preparation services” that are be provided to the youth 16 and over. In California, case workers and youth collaborate to create a TILP based on their goals as well as their individual needs and circumstances by identifying the ILP services needed to achieve those goals. To be eligible to receive ILP services, a youth must be at least 16 and can remain eligible until the day before the youth turns 21 years of age, provided one of the following criteria is met:

• The youth was/is in foster care at any time from their 16th to their 19th birthday.
• The youth was placed in out-of-home care by a tribe or tribal organization between their 16th and 19th birthdays.
• The youth is a former dependent who entered into a kinship guardianship at any age and is receiving or received Kinship Guardianship Assistance Payments between the ages of 16 and 18.
• The youth is a former dependent who entered into a Non-Related Legal Guardianship after attaining age eight, and is receiving or received permanent placement services.

Services provided include: living skills, money management, decision making, building self-esteem, financial assistance with college or vocational school attendance, educational resources, housing (such as Transitional Housing), and employment services. Up to 30 percent of federal funds may be used to support housing needs such as room and board for eligible youth. Additionally, counties can provide stipends to support the independent living needs of the youth so they can participate fully in the offered ILP services. Obtaining part time employment and investing savings from that employment are examples of goals that lead to increased savings.

Under current law, youth are only allowed to retain cash savings up to $10,000. However, that does not align with recent federal changes and the eligibility requirements for state AFDC-FC that have broader eligibility requirements.

AFDC- FC Eligibility Determinations. Foster care payments for eligible youth are provided through either state or federal AFDC-FC. In order to be eligible for federal AFDC-FC, the home from which the child was removed must meet AFDC eligibility criteria as established in 1996 for the month in which a dependency petition is filed with the juvenile court, or in any of the six months prior to the month in which the petition is filed. In 1996, the income limit for a family of three to qualify for AFDC was $723. Due to many youth not meeting the 1996 eligibility criteria for federal AFDC-FC, California created state AFDC-FC, which provides funding to foster children who are placed with non-relative foster parents. State AFDC-FC payments are a blend of state and county funds, while federal AFDC-FC payments are a blend of federal, state, and county funds. Whether a youth is eligible for certain services or supports is not tied to whether the youth qualifies for state or federal AFDC-FC, the only thing that differs is the funding source.

Eligibility for federal AFDC-FC is determined at the time a child is removed from their parent’s custody and eligibility not re-determined once the youth is in foster care. Since eligibility for federal AFDC-FC is determined at the time a child is removed from their parents’ custody, youth who immediately transition from foster care to extended foster care (EFC) do not undergo federal AFDC-FC eligibility re-determination, as there is no disruption in their foster care status that would warrant re-determination. This bill codifies that policy. The ACL 22-16 also cites federal guidance to reinforce that a new AFDC eligibility determination is conducted following a temporary absence from placement. Redeterminations are needed only if there is a termination of dependency and then the dependent returns to foster care.

AFDC-FC Determinations for NMDs. Current law permits nonminors who are eligible for EFC to undergo re-determination for federal AFDC-FC if they re-enter the dependency system after a termination of dependency through a voluntary re-entry agreement. Nonminors who choose to exit care and voluntarily re-enter care sometime between their 18th and 21st birthday undergo a federal AFDC-FC eligibility determination based on their household’s status at the time of re-entry. If a NMD has significant financial savings they can be determined ineligible for federal aid, consideration for state and county aid is necessary.

This bill allows an NMD that re-enters foster care who has $10,000 or more in savings that disqualifies from the federal funding sources of the AFDC-FC to still receive aid from state and county sources, based on the guidance of CDSS. In an All County Letter, 22-16, CDSS clarified that youth who are in authorized childcare placements eligible to receive aid in the form of state AFDC-FC. Even then, if a determination finds an NMD is not eligible for AFDC-FC by federal standards they can still receive AFDC-FC without the federal share. The letter also announced revised forms that “clarify that AFDC-FC payments are to be made to eligible foster care providers regardless of income or resources of the child, child’s family, or the NMD.” Federal guidance makes it clear that youth age 18 or older living independently in a supervised setting a county agency may give aid directly to the youth.

Related/Prior Legislation

AB 369 (Zbur, 2023) would have expanded eligibility for the Independent Living Program to age 23 if a county chooses to opt in by requiring CDSS to develop a plan, in consultation with stakeholders to update and upgrade curriculum to facilitate successful transitions to adulthood; obtain federal approval to permit eligible children to be served by the ILP up to 23 years of age; prohibit resources shall not be evaluated after the initial determination for the same foster care episode; and established eligibility for a NMD who reenters foster care to receive AFDC-FC if all other specified criteria are met. AB 369 was held in the Senate Appropriations Committee.

AB 640 (Cooley, Chapter 622, Statutes of 2021) created, with respect to foster youth who were ineligible for federal foster care funds before they turned 18, a process that triggers a new eligibility determination if they receive extended foster care after turning 18.

AB 12 (Beall, Chapter 599, Statutes of 2010) extended transitional foster care services to eligible youth between 18 and 21 years of age.

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

SUPPORT: (Verified 6/17/24)

Alliance for Children's Rights

Aspiranet

Bill Wilson Center

California Academy of Child and Adolescent Psychiatry

California Alliance of Caregivers

California Alliance of Child and Family Services

California Coalition for Youth

California Judges Association

Children's Law Center of California

Equality California

First Place for Youth

John Burton Advocates for Youth

Optimist Youth Homes & Family Services

Public Counsel - Tay

Safe Place for Youth

Steinberg Institute

Western Center on Law & Poverty

OPPOSITION: (Verified 6/17/24)

None received

ASSEMBLY FLOOR: 75-0, 4/25/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, 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

NO VOTE RECORDED: Boerner, Megan Dahle, Gallagher, Hart, Mathis

Prepared by: Naima Ford Antal / HUMAN S. / (916) 651-1524

6/18/24 13:52:39

**** END ****

SENATE COMMITTEE ON HUMAN SERVICES

Senator Alvarado-Gil, Chair

2023 - 2024 Regular

Subject: Foster care: independent living

SUMMARY

This bill allows a nonminor dependent (NMD) that re-enters the foster care system with financial savings that make them ineligible for Federal Aid to Families with Dependent Children (federal AFDC-FC) to receive aid through State Aid to Families with Dependent Children-Foster Care (state AFDC-FC) if they otherwise qualify. The bill also prohibits the county from re-evaluating dependent’s resources for the same foster care episode.

ABSTRACT

Existing Law:

1. Establishes a state and local system of child welfare services, including foster care, for children who have been adjudged by the court to be at risk of abuse and neglect, or have been abused or neglected, as specified. (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, 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. Requires the California Department of Social Services (CDSS) to, with the approval of the federal government, permit all eligible children to be served by the Independent Living Program (ILP) until age 21. (WIC 10609.3(d))
   
4. Delineates responsibilities for CDSS in the development and administration of the ILP. (WIC 10609.4)
   
5. Defines a “nonminor dependent” (NMD) as a current or former foster youth who is between 18 and not more than 20 years of age, in foster care under the responsibility of the county welfare department, county probation department, or Indian tribe, and is has a transitional independent living case plan (TILP). (WIC 11400(v))
6. Requires aid in the form of AFDC-FC to be provided on behalf of any child under 18 years of age, and to any NMD who meets specified conditions. (WIC 11401)
   
7. Allows a nonminor former foster youth under the age of 21 to petition the court for re-entry into foster care if their guardian or adoptive parent is no longer providing them with support and no longer collecting benefits on behalf of the youth. (WIC 388.1)
8. Prohibits, in addition to the personal property permitted by other provisions, a dependent child, who is 16 years of age or older, or, an NMD who is participating in a TILP, to retain resources with a combined value of not more $10,000, consistent with Section 472(a) of the federal Social Security Act (42 U.S.C. Sec. 672(a)) as contained in the federal Foster Care Independence Act of 1999 (Public Law 106-169) and the child’s transitional independent living plan. (WIC 11155.5)
   

This Bill:

1. Clarifies that a dependent who has a transitional independent living case plan pursuant to the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 can retain savings of $10,000 or more.
2. Aligns state law with the federal guidance by prohibiting a county from re-evaluating a dependent’s resources for eligibility of foster care maintenance payments for the same foster care episode.
3. Allows NMDs to receive aid through the state AFDC-FC if their financial savings disqualify them from federal aid if all other criteria for the program are met.

FISCAL IMPACT

According to the Assembly Appropriations Committee analysis, the California Department of Social Services (CDSS) anticipates no costs. This bill aligns state law with federal law and with current county practices per CDSS’ All County Letter (ACL) 22-16, issued in 2022.

BACKGROUND AND DISCUSSION

Purpose of the Bill:

According to the author, “This bill permits youth transitioning to adulthood from foster care the chance to grow the best financial safety net possible. Specifically, this bill updates state law to clarify that young adults have the ability to accumulate cash savings while in foster care. Existing law states that youth in foster care can only save up to $10,000, subject to a redetermination evaluation that may lead to the loss of benefits due to income or resource ineligibility. While many foster youth never accumulate that much in savings, some do, and having a financial safety net is to be encouraged. Further, when a youth in foster care pursues employment as a goal of their TILP, those earnings do not count towards this savings cap. Instead, state law has been interpreted over the past decade to exclude youth from extended foster care once they successfully save $10,000 or artificially limit youth in care from accumulating more than $10,000 in savings. This bill clarifies ambiguities in state law that appear to cap youths' cash savings to reflect recent departmental guidance.”

The author also states, “This bill attempts to prevent inequities for current foster youth by clarifying state law that has hampered their ability to successfully accumulate a cash savings. Youth in foster care, who are disproportionately people of color and identify as LGBTQ+, children of color, and specifically Black and Native American children, continue to experience disparities at every stage of the child welfare system: maltreatment reports, investigations, case substantiations, service referrals, out-of-home placements, family reunification, termination of parental rights, and time spent in foster care.”

Independent Living Program (ILP) and Transitional Independent Living Plan (TILP)

The ILP provides training, services, and benefits to assist current and former foster youth in achieving self-sufficiency prior to, and after leaving, the foster care system. The TILP is a case plan document that describes the “emancipation preparation services” that are be provided to the youth 16 and over.^[1] In California, case workers and youth collaborate to create a TILP based on their goals as well as their individual needs and circumstances by identifying the ILP services needed to achieve those goals. To be eligible to receive ILP services, a youth must be at least 16 and can remain eligible until the day before the youth turns 21 years of age, provided one of the following criteria is met:

• The youth was/is in foster care at any time from their 16th to their 19th birthday.
  
• The youth was placed in out-of-home care by a tribe or tribal organization between their 16th and 19th birthdays.
  
• The youth is a former dependent who entered into a kinship guardianship at any age and is receiving or received Kinship Guardianship Assistance Payments between the ages of 16 and 18.
  
• The youth is a former dependent who entered into a Non-Related Legal Guardianship after attaining age eight, and is receiving or received permanent placement services.
  

Services provided include: living skills, money management, decision making, building self-esteem, financial assistance with college or vocational school attendance, educational resources, housing (such as Transitional Housing), and employment services. Up to 30 percent of federal funds may be used to support housing needs such as room and board for eligible youth. Additionally, counties can provide stipends to support the independent living needs of the youth so they can participate fully in the offered ILP services. Obtaining part time employment and investing savings from that employment are examples of goals that lead to increased savings.

Under current law, youth are only allowed to retain cash savings up to $10,000. However, that does not align with recent federal changes and the eligibility requirements for state AFDC-FC that have broader eligibility requirements.

AFDC- FC Eligibility Determinations

Foster care payments for eligible youth are provided through either state or federal AFDC-FC. In order to be eligible for federal AFDC-FC, the home from which the child was removed must meet AFDC eligibility criteria as established in 1996 for the month in which a dependency petition is filed with the juvenile court, or in any of the six months prior to the month in which the petition is filed. In 1996, the income limit for a family of three to qualify for AFDC was $723. Due to many youth not meeting the 1996 eligibility criteria for federal AFDC-FC, California created state AFDC-FC, which provides funding to foster children who are placed with non-relative foster parents. State AFDC-FC payments are a blend of state and county funds, while federal AFDC-FC payments are a blend of federal, state, and county funds. Whether a youth is eligible for certain services or supports is not tied to whether the youth qualifies for state or federal AFDC-FC, the only thing that differs is the funding source.

Eligibility for federal AFDC-FC is determined at the time a child is removed from their parent’s custody and eligibility not re-determined once the youth is in foster care. Since eligibility for federal AFDC-FC is determined at the time a child is removed from their parents’ custody, youth who immediately transition from foster care to extended foster care (EFC) do not undergo federal AFDC-FC eligibility re-determination, as there is no disruption in their foster care status that would warrant re-determination. This bill codifies that policy. The ACL 22-16 also cites federal guidance to reinforce that a new AFDC eligibility determination is conducted following a temporary absence from placement. Redeterminations are needed only if there is a termination of dependency and then the dependent returns to foster care.

AFDC-FC Determinations for NMDs

Current law permits nonminors who are eligible for EFC to undergo re-determination for federal AFDC-FC if they re-enter the dependency system after a termination of dependency through a voluntary re-entry agreement. Nonminors who choose to exit care and voluntarily re-enter care sometime between their 18th and 21st birthday undergo a federal AFDC-FC eligibility determination based on their household’s status at the time of re-entry. If a NMD has significant financial savings they can be determined ineligible for federal aid, consideration for state and county aid is necessary.

This bill allows an NMD that re-enters foster care who has $10,000 or more in savings that disqualifies from the federal funding sources of the AFDC-FC to still receive aid from state and county sources, based on the guidance of CDSS. In an All County Letter, 22-16, CDSS clarified that youth who are in authorized childcare placements eligible to receive aid in the form of state AFDC-FC. Even then, if a determination finds an NMD is not eligible for AFDC-FC by federal standards they can still receive AFDC-FC without the federal share. The letter also announced revised forms that “clarify that AFDC-FC payments are to be made to eligible foster care providers regardless of income or resources of the child, child’s family, or the NMD.” Federal guidance makes it clear that youth age 18 or older living independently in a supervised setting a county agency may give aid directly to the youth.

Related/Prior Legislation:

AB 369 (Zbur, 2023) would have expanded eligibility for the Independent Living Program to age 23 if a county chooses to opt in by requiring CDSS to develop a plan, in consultation with stakeholders to update and upgrade curriculum to facilitate successful transitions to adulthood; obtain federal approval to permit eligible children to be served by the ILP up to 23 years of age; prohibit resources shall not be evaluated after the initial determination for the same foster care episode; and established eligibility for a NMD who reenters foster care to receive AFDC-FC if all other specified criteria are met. AB 369 was held in the Senate Appropriations Committee.

AB 640 (Cooley, Chapter 622, Statutes 2021) creates, with respect to foster youth who were ineligible for federal foster care funds before they turned 18, a process that triggers a new eligibility determination if they receive extended foster care after turning 18.

AB 12 (Beall, Chapter 599, Statutes 2010) extends transitional foster care services to eligible youth between 18 and 21 years of age.

COMMENTS

This bill makes changes that align state law with federal and state guidance. Counties already have the authority to provide state AFDC to youth that have over $10,000 in savings and limit redeterminations to one per episode, but the authority is found in other parts of the Welfare and Institutions Code. Since counties often reference the code sections this bill is amending for direction about this program, updating these sections ensure that counties and social workers are confident they are advising youth accurately.

PRIOR VOTES

POSITIONS

Support:

Alliance for Children's Rights (Sponsor)

California Coalition for Youth (Sponsor)
Aspiranet
Bill Wilson Center
California Alliance of Caregivers
California Judges Association
Children's Law Center of California
Equality California
First Place for Youth
John Burton Advocates for Youth
Optimist Youth Homes & Family Services
Public Counsel - Tay
Safe Place for Youth
Steinberg Institute
Western Center on Law & Poverty

Oppose:

None

-- END --

1. California Department of Social Services. September 11, 2022. All County Information Notice I-61-02. All County Information Notice No. I-61_02 (ca.gov) ↑

Date of Hearing: April 17, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 2477

Author:(Zbur) – As Amended Ver:April 4, 2024

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

SUMMARY:

This bill clarifies that a nonminor dependent (NMD) who re-enters foster care and is ineligible for federal Aid to Families with Dependent Children (AFDC), is eligible to receive aid in the form of state Aid to Families with Dependent Children – Foster Care (AFDC-FC) if all other criteria are met.

Specifically, this bill:

1. Establishes eligibility for an NMD who re-enters foster care, and is ineligible for federal AFDC due to cash savings above the federal limit, to receive state AFDC-FC if all other specified criteria are met.
2. Deletes reference to the $10,000 limit on the amount of cash savings a foster youth over the age of 16 or an NMD is permitted to retain and remain eligible to receive federal AFDC and instead allows eligible individuals to retain resources consistent with federal law
3. Prohibits, consistent with federal law, a youth’s resources from being evaluated after the initial determination for the same foster care episode to determine continued eligibility for a foster care maintenance payment.

FISCAL EFFECT:

The California Department of Social Services (CDSS) anticipates no costs. This bill aligns state law with federal law and with current county practices per CDSS’ All County Letter (ACL) 22-16, issued in 2022.

COMMENTS:

1. Purpose. The author seeks to clarify several provisions of existing law regarding the determination of benefits eligibility for youth in foster care. According to the author:

[This bill] permits youth transitioning to adulthood from foster care the chance to grow the best financial safety net possible. Specifically, this bill updates state law to clarify that young adults have the ability to accumulate cash savings while in foster care. It is critically important that the State sets up our youth in foster care for long-term success and a financial safety net is one resource that supports future-ready transitions.

1. Background. AFDC is aid provided on behalf of needy children in foster care who meet the eligibility requirements as specified in CDSS regulations and applicable state and federal laws. Funding is provided by either the state or federal government. Because the criteria to receive federal AFDC funding is rarely met, due to outdated income eligibility standards, California created AFDC-FC, which blends state and county funds to provide for youth who are otherwise ineligible for AFDC. This bill clarifies several eligibility determination issues regarding AFDC-FC to provide consistency with federal law and clear guidance to county program administrators.
2. Related Legislation. AB 369 (Zbur), of this legislative session, included the contents of this bill as well as provisions to expand the upper age eligibility of the Independent Living Program to 23 years of age. AB 369 was held on the suspense file in the Senate Committee on Appropriations.

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

Date of Hearing: April 2, 2024

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Alex Lee, Chair

ABPCA Bill Id:AB 2477 (

Author:Zbur) – As Introduced Ver:February 13, 2024

SUBJECT: Foster care: independent living

SUMMARY: Clarifies that a nonminor dependent (NMD) who re-enters foster care and is ineligible for federal financial participation, is eligible to receive aid in the form of state Aid to Families with Dependent Children – Foster Care (AFDC-FC) if all other specified criteria are met. Specifically, this bill:

1. Strikes reference to the $10,000 limit on the amount of cash savings foster youth over the age of 16 or NMDs are permitted to retain in order to be eligible for federal financial participation.
2. Specifies that an NMD who re-enters foster care and is ineligible for federal financial participation due to cash savings of $10,000 or more, is eligible to receive aid in the form of state AFDC-FC if all other specified criteria described in 5) below are met.
3. Prohibits, consistent with federal law, resources from being evaluated after the initial determination for the same foster care episode to determine continued eligibility for a foster care maintenance payment.

EXISTING LAW:

State law:

1. Establishes a state and local system of child welfare services, including foster care, for children who have been adjudged by the court to be at risk of abuse and neglect, or have been abused or neglected, as specified. (Welfare and Institutions Code [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 21 years of age, and adopts other changes to conform to the federal Fostering Connections to Success Act. (WIC §§ 241.1; 303; 366.3; 388; 391; 11400;11402; 11403)
4. Defines a “nonminor dependent” as a current or former foster youth who is between 18 and not more than 20 years of age, 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 (TILP). (WIC § 11400(v))
5. Requires aid in the form of AFDC-FC to be provided on behalf of any child under 18 years of age, and to any NMD who meets specified conditions, including relinquishment for adoption, removal from parental custody, adjudged a dependent, voluntarily placed, or re-entering foster care. (WIC § 11401)
6. Requires counties to review the child’s or NMD’s payment amount annually, to include an examination of any circumstances of a foster child or NMD that are subject to change and could affect the potential eligibility or payment amount, including, but not limited to, authority for placement, eligible facility, and age. (WIC § 11401.5)
7. Allows NMDs who meet general AFDC-FC requirements, as well as one or more of a set of specified requirements, to voluntarily continue placement or to re-enter foster care. (WIC § 11403(b))
8. Establishes relevant definitions for purposes of AFDC-FC. (WIC § 11400)
9. Enumerates specified eligibility requirements for AFDC-FC funding. (WIC § 11402)
10. Provides that an NMD who is 18 years of age while subject to an order for foster care placement and who has not attained 21 years of age for whom the court has dismissed dependency, delinquency, or transition jurisdiction, but has retained general jurisdiction, or the county child welfare services, probation department, or tribal placing agency on behalf of the NMD, may petition the court in the same action in which the youth was found to be a dependent or delinquent child of the juvenile court, for a hearing to resume the dependency jurisdiction over a former dependent or to assume or resume transition jurisdiction over a former delinquent ward. (WIC § 388(e))
11. Allows an NMD who is a former foster youth to petition the court for reentry into foster care if their guardian or adoptive parent is no longer providing them with support and no longer collecting benefits on behalf of the youth. (WIC § 388.1)
12. Allows, in addition to the personal property permitted by other provisions, a ward or dependent child of the juvenile court, who is 16 years of age or older, or, an NMD, who is participating in a TILP, to retain resources with a combined value of not more than $10,000, consistent with federal law and the child’s TILP. (WIC § 11155.5(a))
13. Specifies the withdrawal of the savings by a foster youth requires the written approval of the youth’s probation officer or social worker and shall be directly related to the goal of emancipation. This written approval is not required for withdrawals by an NMD. (WIC § 11155.5(b))

Federal law:

1. Outlines provisions related to foster care maintenance payments and eligibility, pursuant to the federal Social Security Act. Specifies that in determining whether a child would have received aid under a state plan (as in effect on July 16, 1996), a child whose resources have a combined value of not more than $10,000 shall be considered a child whose resources have a combined value of not more than $1,000. (42 United States Code [U.S.C.] 672 § 472(a))
2. Defines "foster care maintenance payments" to mean payments to cover the cost of (and the cost of providing) food, clothing, shelter, daily supervision, school supplies, a child's personal incidentals, liability insurance with respect to a child and reasonable travel to the child's home for visitation and reasonable travel for the child to remain in the school in which the child is enrolled at the time of placement. Requires, in the case of institutional care, the term to include the reasonable costs of administration and operation of such institution as are necessarily required to provide the items described in the preceding sentence. (42 U.S.C. 672 § 475(4))
3. Establishes the federal Foster Care Independence Act of 1999 which amended part E of title IV of the Social Security Act to provide states with increased funding and greater flexibility in implementing programs designed to assist youth as they transition out of foster care. (Public Law 106-169)
4. Establishes the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 which amends part E of title IV of the Social Security Act to give state plans the option of providing for the state to enter into agreements to provide kinship guardianship assistance payments to grandparents and other relatives who have assumed legal guardianship of children for whom they have cared as foster parents and committed to care on a permanent basis. (Public Law 110-351)

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

COMMENTS:

Background: Child Welfare Services. California's child welfare services 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, conducts program regulatory oversight and administration, and is responsible for the development of policy while also providing direct services such as adoption placements.

As of October 1, 2023, there were 45,044 youth from birth up to the age of 21 in foster care.

Extended Foster Care. As a result of the passage of AB 12 (Beall), Chapter 559, Statutes of 2009, foster youth between the ages of 18 and 20, also known as NMDs, are eligible for extended foster care. Extended foster care is a benefit available to eligible youth to assist them to achieve self-sufficiency and includes educational opportunities, employment trainings, and supervised independent living environments. For a foster youth to be eligible for extended foster care, they must continue to be under the responsibility of the county welfare department, county probation department, or Indian tribe, and participating in a TILP. When an NMD ages out of extended foster care at 21 years of age, state law provides for various exit requirements to ensure the youth are provided with all the necessary information to thrive in their transition to adulthood.

Limits Placed on Savings for Foster Youth. Currently, state law specifies that in addition to the personal property permitted by other provisions of law, a foster youth who is 16 years of age or older, or an NMD who is participating in a TILP, is only authorized to retain resources with a combined value of not more than $10,000, consistent with the federal Foster Care Independence Act of 1999 and the youth’s TILP.

Any cash savings are required to be the child’s own money and must be deposited by the youth, or on behalf of the youth, in any bank or savings and loan institution insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation. If a youth wishes to withdraw the savings, they are required to secure the written approval of the youth’s probation officer or social worker and the reason for the withdrawal must be directly related to the goal of emancipation. This written approval is not required for withdrawals by an NMD. The cash savings are required to be for the youth’s use for purposes directly related to the youth’s TILP goals.

Transitional Independent Living Case Plan. A TILP is required for each youth in foster care in California when they are between the ages of 15 1⁄2 and 16 and serves as a roadmap to help foster youth transition into independent living and self-sufficiency. For a youth just entering care after turning 16, the TILP is required to be completed prior to the dispositional hearing.

Key components of the TILP typically include the identification of suitable housing options, education and career goals, financial literacy and budgeting, health and wellness, and transportation options. The goal is to empower foster youth to lead an independent and successful life as they transition to adulthood.

The Legislature has found and declared that former foster youth are a vulnerable population at risk of homelessness, unemployment, welfare dependency, incarceration, and other adverse outcomes if they exit the foster care system unprepared to become self-sufficient. Unlike many young individuals 18 years of age who can depend on family for ongoing support while they complete postsecondary education or develop career opportunities, emancipating foster youth have their primary source of support, AFDC-FC payments, terminated when they age out of care and are then dependent on their own resources for self-support. Some foster youth are not able to complete high school or other education or training programs due to ongoing trauma from parental abuse or neglect and gaps in their educational attainment stemming from the original removal and subsequent changes in placement.

Federal and State AFDC-FC. Funding to provide for the needs of youth in California’s foster care system is provided by either the state or federal government. Federal AFDC-FC, also referred to as Title IV-E funding, is the aid provided on behalf of needy children in foster care who meet the eligibility requirements, as specified in department regulations and in applicable federal laws. In order to be eligible for federal AFDC-FC, the home from which a foster youth was removed must meet AFDC-FC eligibility criteria from 1996. Specifically, during the month of removal or one of the six months prior to removal, the youth must have been eligible for or receiving federal public assistance as of July 16, 1996, in that home. In 1996, the monthly income limit for a family of three to qualify for AFDC-FC was $723.

Because the criteria to receive federal AFDC-FC funding is rarely met due to the limit being so low, California created state AFDC-FC, which blends state and county funds to provide for youth who are otherwise ineligible for federal AFDC-FC. Under state AFDC-FC, counties provide payments to foster care providers on behalf of qualified children in foster care according to a schedule of basic rates, administered by CDSS, to pay for the care and supervision of each foster child. In summary, state AFDC-FC primarily relies on state-specific rules and funding, while federal AFDC-FC combines federal, state, and county resources.

Current law requires CDSS to administer a state system for establishing rates in the state AFDC-FC program and to implement a rate structure that is effective through December 31, 2022, for specified rates paid to certified family homes of a foster family agency, short-term residential therapeutic programs, and foster family agencies that provide treatment, intensive treatment, and therapeutic foster care programs.

In 2022, a two-year extension was provided for the payments of interim rates in the state AFDC-FC program. CDSS is currently finalizing a new and permanent rate structure to take effect in 2026 that will be based on the child’s assessed level of needs and strengths, and not based on the placement type. The Governor’s January Budget Proposal includes $12 million from the General Fund in 2024-25 to make automation changes for a reformed foster care payment structure, with full implementation anticipated as early as Fiscal Year 2026-27.

Federal Limit on Resources and Re-Entry into Foster Care. Current law states that $10,000 is the resources threshold for federal AFDC-FC eligibility, but advocates claim that counties have been interpreting this to mean that youth in foster care lose eligibility for all foster care payments if their savings exceed $10,000.

To clarify this provision of law, CDSS issued All County Letter (ACL) 22-16 that said, “If a child in an authorized foster care placement is determined ineligible for a federal IV-E foster care payment for any reason (e.g. income/resources/deprivation standards), they are otherwise eligible to receive aid in the form of AFDC-FC, but without federal financial participation in the payment. Any provisions of the Manual of Policies and Procedures conflicting with this guidance will be amended in an upcoming regulations package.”

The guidance clarifies that a youth in foster care can save more than $10,000 without jeopardizing their determination of benefits eligibility for continued support in extended foster care. Stakeholders report that caseworkers who are unaware of the policy change still cite the $10,000 savings cap as a trigger for re-determination of eligibility and that regularly used forms and documents also refer to the $10,000 savings cap without the nuance of the updated interpretation.

In an effort to avoid confusion and address this reported problem this bill strikes the reference to $10,000 altogether.

The ACL further states that, “Consistent with ACL 11-10, an eligibility redetermination is not required when a minor child or nonminor dependent (NMD) in foster care receives income or property after the initial linkage determination has been completed. In other words, if a youth in foster care receives income (e.g. through an inheritance or receipt of tribal trust fund), that income is not to be evaluated and has no impact on the youth’s continued eligibility for AFDC-FC benefits.”

According to the guidance, youth who are continuously in foster care through their 18th birthday maintain eligibility without needing to reevaluate the youth’s incomes and resources. Youth who were eligible for federal funds before their 18th birthday will remain eligible until formally released from foster care via court order.

As described by CDSS in ACL 22-16, due to a 2010 change in federal law, annual re-determinations are no longer required by the federal Administration of Child and Families (ACF) and, effective February 15, 2022, income and resources are not to be evaluated after the initial determination for the same foster care episode in order to determine continued eligibility for an AFDC-FC payment. ACF describes a foster care episode as a removal with one or more placement settings. A previous episode is one that has been completed by a discharge. A current episode is a removal and one or more placement settings without a discharge. This means if a foster youth exits care upon reunification or permanent placement is discharged, and then reenters foster care at a later date, that will be considered another episode of foster care.

This bill aligns with the guidance issued by CDSS by clarifying that consistent with federal law, resources are prohibited from being evaluated after the initial determination for the same foster care episode to determine continued eligibility for a foster care maintenance payment.

Author’s Statement: According to the Author, “[This bill] permits youth transitioning to adulthood from foster care the chance to grow the best financial safety net possible. Specifically, this bill updates state law to clarify that young adults have the ability to accumulate cash savings while in foster care. It is critically important that the State sets up our youth in foster care for long-term success and a financial safety net is one resource that supports future-ready transitions.”

Equity Implications: The provisions of this bill seek to clarify provisions in law that create barriers to foster youth building up savings. Existing law states that youth in foster care can only save up to $10,000 when they could be subject to a redetermination evaluation and lose their benefits due to income or resource ineligibility. Inconsistencies in the information youth are being told about the amount they can keep in their savings could potentially deter youth from accumulating savings and hamper their successful transition to independence.

Youth in foster care are disproportionately people of color and LGBTQ. Children of color, specifically Black and Native American children, continue to experience disparities at every stage of the child welfare system: maltreatment reports, investigations, case substantiations, service referrals, out-of-home placements, family reunification, termination of parental rights, and time spent in foster care. Recent research suggests that LGBTQ foster youth are overrepresented in those reporting unstable housing and face poorer treatment while in the system and lower rates of achieving permanency, as well as bleaker outcomes after they age out, including lower educational attainment and higher odds of homelessness and financial instability.

By clarifying that foster youth are not limited to saving a specific dollar amount, those who have already experienced the trauma of being removed from their homes would be able to focus on achieving self-sufficiency and money management while receiving all of the benefits to which they are entitled. While this consistent application of the law can potentially help all foster youth, it can have a particularly deep impact on the marginalized population within foster care as they seek stability and independence.

Proposed Committee Amendments:

The Committee proposes technical amendments to clarify a cross-reference:

On page 3, on line 17, strike “the amounts”

On page 3, on line 18, strike “referenced in” and insert “those allowed pursuant to”

RELATED AND PRIOR LEGISLATION:

AB 369 (Zbur) of 2023, would have expanded the upper age eligibility of the Independent Living Program from up to 21 years of age, to include youth up to 23 years of age. Would have removed the reference to a $10,000 limit on the amount of cash savings a foster youth is permitted to accrue in order to receive aid in the form of federal AFDC-FC. AB 369 was held on the Assembly Appropriations Committee suspense file.

AB 640 (Cooley), Chapter 622, Statutes of 2021, authorized counties to petition the juvenile court on behalf of certain NMDs to terminate dependency or transition jurisdiction over the youth and immediately re-establish jurisdiction in order to establish the NMD's eligibility for federal financial participation; expanded the definition of a voluntary re-entry agreement to include an agreement between an NMD who has not signed a voluntary re-entry agreement after attaining 18 years of age and for whom a petition to terminate jurisdiction will be filed.

AB 12 (Beall), Chapter 559, Statutes of 2010, established California’s extended foster care program to allow foster youth to remain in foster care until reaching 21 years of age.

AB 1261 (Migden), Chapter 686, Statutes of 2001, increased the amount of cash savings that foster youth who are 16 years of age or older may retain from $5,000 to $10,000.

AB 2773 (Committee on Human Services) Chapter 1056, Statutes of 1998, among other provisions, permits a child declared a ward or dependent child of the juvenile court to retain any cash savings accumulated pursuant to the TILP, to $5,000.

REGISTERED SUPPORT / OPPOSITION:

Support

Alliance for Children's Rights (Co-Sponsor)
California Coalition for Youth (Co-Sponsor)
Aspiranet
California Academy of Child and Adolescent Psychiatry
California Alliance of Caregivers
California Youth Connection (CYC)
Equality California
First Place for Youth
John Burton Advocates for Youth
Larkin Street Youth Services
Los Angeles Lgbt Center
Safe Place for Youth
Western Center on Law & Poverty

Opposition

None on file.

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

Date of Hearing: April 2, 2024

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Alex Lee, Chair

ABPCA Bill Id:AB 2477 (

Author:Zbur) – As Introduced Ver:February 13, 2024

SUBJECT: Foster care: independent living

SUMMARY: Clarifies that a nonminor dependent (NMD) who re-enters foster care and is ineligible for federal financial participation, is eligible to receive aid in the form of state Aid to Families with Dependent Children – Foster Care (AFDC-FC) if all other specified criteria are met. Specifically, this bill:

1. Strikes reference to the $10,000 limit on the amount of cash savings foster youth over the age of 16 or NMDs are permitted to retain in order to be eligible for federal financial participation.
2. Specifies that an NMD who re-enters foster care and is ineligible for federal financial participation due to cash savings of $10,000 or more, is eligible to receive aid in the form of state AFDC-FC if all other specified criteria described in 5) below are met.
3. Prohibits, consistent with federal law, resources from being evaluated after the initial determination for the same foster care episode to determine continued eligibility for a foster care maintenance payment.

EXISTING LAW:

State law:

1. Establishes a state and local system of child welfare services, including foster care, for children who have been adjudged by the court to be at risk of abuse and neglect, or have been abused or neglected, as specified. (Welfare and Institutions Code [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 21 years of age, and adopts other changes to conform to the federal Fostering Connections to Success Act. (WIC §§ 241.1; 303; 366.3; 388; 391; 11400;11402; 11403)
4. Defines a “nonminor dependent” as a current or former foster youth who is between 18 and not more than 20 years of age, 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 (TILP). (WIC § 11400(v))
5. Requires aid in the form of AFDC-FC to be provided on behalf of any child under 18 years of age, and to any NMD who meets specified conditions, including relinquishment for adoption, removal from parental custody, adjudged a dependent, voluntarily placed, or re-entering foster care. (WIC § 11401)
6. Requires counties to review the child’s or NMD’s payment amount annually, to include an examination of any circumstances of a foster child or NMD that are subject to change and could affect the potential eligibility or payment amount, including, but not limited to, authority for placement, eligible facility, and age. (WIC § 11401.5)
7. Allows NMDs who meet general AFDC-FC requirements, as well as one or more of a set of specified requirements, to voluntarily continue placement or to re-enter foster care. (WIC § 11403(b))
8. Establishes relevant definitions for purposes of AFDC-FC. (WIC § 11400)
9. Enumerates specified eligibility requirements for AFDC-FC funding. (WIC § 11402)
10. Provides that an NMD who is 18 years of age while subject to an order for foster care placement and who has not attained 21 years of age for whom the court has dismissed dependency, delinquency, or transition jurisdiction, but has retained general jurisdiction, or the county child welfare services, probation department, or tribal placing agency on behalf of the NMD, may petition the court in the same action in which the youth was found to be a dependent or delinquent child of the juvenile court, for a hearing to resume the dependency jurisdiction over a former dependent or to assume or resume transition jurisdiction over a former delinquent ward. (WIC § 388(e))
11. Allows an NMD who is a former foster youth to petition the court for reentry into foster care if their guardian or adoptive parent is no longer providing them with support and no longer collecting benefits on behalf of the youth. (WIC § 388.1)
12. Allows, in addition to the personal property permitted by other provisions, a ward or dependent child of the juvenile court, who is 16 years of age or older, or, an NMD, who is participating in a TILP, to retain resources with a combined value of not more than $10,000, consistent with federal law and the child’s TILP. (WIC § 11155.5(a))
13. Specifies the withdrawal of the savings by a foster youth requires the written approval of the youth’s probation officer or social worker and shall be directly related to the goal of emancipation. This written approval is not required for withdrawals by an NMD. (WIC § 11155.5(b))

Federal law:

1. Outlines provisions related to foster care maintenance payments and eligibility, pursuant to the federal Social Security Act. Specifies that in determining whether a child would have received aid under a state plan (as in effect on July 16, 1996), a child whose resources have a combined value of not more than $10,000 shall be considered a child whose resources have a combined value of not more than $1,000. (42 United States Code [U.S.C.] 672 § 472(a))
2. Defines "foster care maintenance payments" to mean payments to cover the cost of (and the cost of providing) food, clothing, shelter, daily supervision, school supplies, a child's personal incidentals, liability insurance with respect to a child and reasonable travel to the child's home for visitation and reasonable travel for the child to remain in the school in which the child is enrolled at the time of placement. Requires, in the case of institutional care, the term to include the reasonable costs of administration and operation of such institution as are necessarily required to provide the items described in the preceding sentence. (42 U.S.C. 672 § 475(4))
3. Establishes the federal Foster Care Independence Act of 1999 which amended part E of title IV of the Social Security Act to provide states with increased funding and greater flexibility in implementing programs designed to assist youth as they transition out of foster care. (Public Law 106-169)
4. Establishes the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 which amends part E of title IV of the Social Security Act to give state plans the option of providing for the state to enter into agreements to provide kinship guardianship assistance payments to grandparents and other relatives who have assumed legal guardianship of children for whom they have cared as foster parents and committed to care on a permanent basis. (Public Law 110-351)

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

COMMENTS:

Background: Child Welfare Services. California's child welfare services 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, conducts program regulatory oversight and administration, and is responsible for the development of policy while also providing direct services such as adoption placements.

As of October 1, 2023, there were 45,044 youth from birth up to the age of 21 in foster care.

Extended Foster Care. As a result of the passage of AB 12 (Beall), Chapter 559, Statutes of 2009, foster youth between the ages of 18 and 20, also known as NMDs, are eligible for extended foster care. Extended foster care is a benefit available to eligible youth to assist them to achieve self-sufficiency and includes educational opportunities, employment trainings, and supervised independent living environments. For a foster youth to be eligible for extended foster care, they must continue to be under the responsibility of the county welfare department, county probation department, or Indian tribe, and participating in a TILP. When an NMD ages out of extended foster care at 21 years of age, state law provides for various exit requirements to ensure the youth are provided with all the necessary information to thrive in their transition to adulthood.

Limits Placed on Savings for Foster Youth. Currently, state law specifies that in addition to the personal property permitted by other provisions of law, a foster youth who is 16 years of age or older, or an NMD who is participating in a TILP, is only authorized to retain resources with a combined value of not more than $10,000, consistent with the federal Foster Care Independence Act of 1999 and the youth’s TILP.

Any cash savings are required to be the child’s own money and must be deposited by the youth, or on behalf of the youth, in any bank or savings and loan institution insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation. If a youth wishes to withdraw the savings, they are required to secure the written approval of the youth’s probation officer or social worker and the reason for the withdrawal must be directly related to the goal of emancipation. This written approval is not required for withdrawals by an NMD. The cash savings are required to be for the youth’s use for purposes directly related to the youth’s TILP goals.

Transitional Independent Living Case Plan. A TILP is required for each youth in foster care in California when they are between the ages of 15 1⁄2 and 16 and serves as a roadmap to help foster youth transition into independent living and self-sufficiency. For a youth just entering care after turning 16, the TILP is required to be completed prior to the dispositional hearing.

Key components of the TILP typically include the identification of suitable housing options, education and career goals, financial literacy and budgeting, health and wellness, and transportation options. The goal is to empower foster youth to lead an independent and successful life as they transition to adulthood.

The Legislature has found and declared that former foster youth are a vulnerable population at risk of homelessness, unemployment, welfare dependency, incarceration, and other adverse outcomes if they exit the foster care system unprepared to become self-sufficient. Unlike many young individuals 18 years of age who can depend on family for ongoing support while they complete postsecondary education or develop career opportunities, emancipating foster youth have their primary source of support, AFDC-FC payments, terminated when they age out of care and are then dependent on their own resources for self-support. Some foster youth are not able to complete high school or other education or training programs due to ongoing trauma from parental abuse or neglect and gaps in their educational attainment stemming from the original removal and subsequent changes in placement.

Federal and State AFDC-FC. Funding to provide for the needs of youth in California’s foster care system is provided by either the state or federal government. Federal AFDC-FC, also referred to as Title IV-E funding, is the aid provided on behalf of needy children in foster care who meet the eligibility requirements, as specified in department regulations and in applicable federal laws. In order to be eligible for federal AFDC-FC, the home from which a foster youth was removed must meet AFDC-FC eligibility criteria from 1996. Specifically, during the month of removal or one of the six months prior to removal, the youth must have been eligible for or receiving federal public assistance as of July 16, 1996, in that home. In 1996, the monthly income limit for a family of three to qualify for AFDC-FC was $7,231.

Because the criteria to receive federal AFDC-FC funding is rarely met due to the limit being so low, California created state AFDC-FC, which blends state and county funds to provide for youth who are otherwise ineligible for federal AFDC-FC. Under state AFDC-FC, counties provide payments to foster care providers on behalf of qualified children in foster care according to a schedule of basic rates, administered by CDSS, to pay for the care and supervision of each foster child. In summary, state AFDC-FC primarily relies on state-specific rules and funding, while federal AFDC-FC combines federal, state, and county resources.

Current law requires CDSS to administer a state system for establishing rates in the state AFDC-FC program and to implement a rate structure that is effective through December 31, 2022, for specified rates paid to certified family homes of a foster family agency, short-term residential therapeutic programs, and foster family agencies that provide treatment, intensive treatment, and therapeutic foster care programs.

In 2022, a two-year extension was provided for the payments of interim rates in the state AFDC-FC program. CDSS is currently finalizing a new and permanent rate structure to take effect in 2026 that will be based on the child’s assessed level of needs and strengths, and not based on the placement type. The Governor’s January Budget Proposal includes $12 million from the General Fund in 2024-25 to make automation changes for a reformed foster care payment structure, with full implementation anticipated as early as Fiscal Year 2026-27.

Federal Limit on Resources and Re-Entry into Foster Care. Current law states that $10,000 is the resources threshold for federal AFDC-FC eligibility, but advocates claim that counties have been interpreting this to mean that youth in foster care lose eligibility for all foster care payments if their savings exceed $10,000.

To clarify this provision of law, CDSS issued All County Letter (ACL) 22-16 that said, “If a child in an authorized foster care placement is determined ineligible for a federal IV-E foster care payment for any reason (e.g. income/resources/deprivation standards), they are otherwise eligible to receive aid in the form of AFDC-FC, but without federal financial participation in the payment. Any provisions of the Manual of Policies and Procedures conflicting with this guidance will be amended in an upcoming regulations package.”

The guidance clarifies that a youth in foster care can save more than $10,000 without jeopardizing their determination of benefits eligibility for continued support in extended foster care. Stakeholders report that caseworkers who are unaware of the policy change still cite the $10,000 savings cap as a trigger for re-determination of eligibility and that regularly used forms and documents also refer to the $10,000 savings cap without the nuance of the updated interpretation.

In an effort to avoid confusion and address this reported problem this bill strikes the reference to $10,000 altogether.

The ACL further states that, “Consistent with ACL 11-10, an eligibility redetermination is not required when a minor child or nonminor dependent (NMD) in foster care receives income or property after the initial linkage determination has been completed. In other words, if a youth in foster care receives income (e.g. through an inheritance or receipt of tribal trust fund), that income is not to be evaluated and has no impact on the youth’s continued eligibility for AFDC-FC benefits.”

According to the guidance, youth who are continuously in foster care through their 18th birthday maintain eligibility without needing to reevaluate the youth’s incomes and resources. Youth who were eligible for federal funds before their 18th birthday will remain eligible until formally released from foster care via court order.

As described by CDSS in ACL 22-16, due to a 2010 change in federal law, annual re-determinations are no longer required by the federal Administration of Child and Families (ACF) and, effective February 15, 2022, income and resources are not to be evaluated after the initial determination for the same foster care episode in order to determine continued eligibility for an AFDC-FC payment. ACF describes a foster care episode as a removal with one or more placement settings. A previous episode is one that has been completed by a discharge. A current episode is a removal and one or more placement settings without a discharge. This means if a foster youth exits care upon reunification or permanent placement is discharged, and then reenters foster care at a later date, that will be considered another episode of foster care.

This bill aligns with the guidance issued by CDSS by clarifying that consistent with federal law, resources are prohibited from being evaluated after the initial determination for the same foster care episode to determine continued eligibility for a foster care maintenance payment.

Author’s Statement: According to the Author, “[This bill] permits youth transitioning to adulthood from foster care the chance to grow the best financial safety net possible. Specifically, this bill updates state law to clarify that young adults have the ability to accumulate cash savings while in foster care. It is critically important that the State sets up our youth in foster care for long-term success and a financial safety net is one resource that supports future-ready transitions.”

Equity Implications: The provisions of this bill seek to clarify provisions in law that create barriers to foster youth building up savings. Existing law states that youth in foster care can only save up to $10,000 when they could be subject to a redetermination evaluation and lose their benefits due to income or resource ineligibility. Inconsistencies in the information youth are being told about the amount they can keep in their savings could potentially deter youth from accumulating savings and hamper their successful transition to independence.

Youth in foster care are disproportionately people of color and LGBTQ. Children of color, specifically Black and Native American children, continue to experience disparities at every stage of the child welfare system: maltreatment reports, investigations, case substantiations, service referrals, out-of-home placements, family reunification, termination of parental rights, and time spent in foster care. Recent research suggests that LGBTQ foster youth are overrepresented in those reporting unstable housing and face poorer treatment while in the system and lower rates of achieving permanency, as well as bleaker outcomes after they age out, including lower educational attainment and higher odds of homelessness and financial instability.

By clarifying that foster youth are not limited to saving a specific dollar amount, those who have already experienced the trauma of being removed from their homes would be able to focus on achieving self-sufficiency and money management while receiving all of the benefits to which they are entitled. While this consistent application of the law can potentially help all foster youth, it can have a particularly deep impact on the marginalized population within foster care as they seek stability and independence.

Proposed Committee Amendments:

The Committee proposes technical amendments to clarify a cross-reference:

On page 3, on line 17, strike “the amounts”

On page 3, on line 18, strike “referenced in” and insert “those allowed pursuant to”

RELATED AND PRIOR LEGISLATION:

AB 369 (Zbur) of 2023, would have expanded the upper age eligibility of the Independent Living Program from up to 21 years of age, to include youth up to 23 years of age. Would have removed the reference to a $10,000 limit on the amount of cash savings a foster youth is permitted to accrue in order to receive aid in the form of federal AFDC-FC. AB 369 was held on the Assembly Appropriations Committee suspense file.

AB 640 (Cooley), Chapter 622, Statutes of 2021, authorized counties to petition the juvenile court on behalf of certain NMDs to terminate dependency or transition jurisdiction over the youth and immediately re-establish jurisdiction in order to establish the NMD's eligibility for federal financial participation; expanded the definition of a voluntary re-entry agreement to include an agreement between an NMD who has not signed a voluntary re-entry agreement after attaining 18 years of age and for whom a petition to terminate jurisdiction will be filed.

AB 12 (Beall), Chapter 559, Statutes of 2010, established California’s extended foster care program to allow foster youth to remain in foster care until reaching 21 years of age.

AB 1261 (Migden), Chapter 686, Statutes of 2001, increased the amount of cash savings that foster youth who are 16 years of age or older may retain from $5,000 to $10,000.

AB 2773 (Committee on Human Services) Chapter 1056, Statutes of 1998, among other provisions, permits a child declared a ward or dependent child of the juvenile court to retain any cash savings accumulated pursuant to the TILP, to $5,000.

REGISTERED SUPPORT / OPPOSITION:

Support

Alliance for Children's Rights (Co-Sponsor)
California Coalition for Youth (Co-Sponsor)
Aspiranet
California Academy of Child and Adolescent Psychiatry
California Alliance of Caregivers
California Youth Connection (CYC)
Equality California
First Place for Youth
John Burton Advocates for Youth
Larkin Street Youth Services
Los Angeles Lgbt Center
Safe Place for Youth
Western Center on Law & Poverty

Opposition

None on file.

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