BILL ANALYSIS                                                                                                                                                                                                    






                             SENATE JUDICIARY COMMITTEE
                           Senator Ellen M. Corbett, Chair
                              2009-2010 Regular Session


          AB 12 (Beall and Bass)
          As Amended May 27, 2010
          Hearing Date: June 22, 2010
          Fiscal: Yes
          Urgency: No
          KB:jd
                    

                                        SUBJECT
                                           
                   California Fostering Connections to Success Act

                                      DESCRIPTION  

          This bill, sponsored by a coalition of stakeholders, would  
          re-enact the state's existing Kin-Gap program to align it with  
          new federal requirements, and provide transitional support  
          services to qualifying foster youth designated as "nonminor  
          dependents" until they attain the age of 21.

                                      BACKGROUND  

          Each year in California, about 5,000 youth emancipate from  
          foster care, which is by far the largest number of any state in  
          the union.  Over the past ten years, according to data from the  
          state's Child Welfare Services/Case Management System, managed  
          by the Center for Social Services Research at the University of  
          California, Berkeley, about 52,000 Californians have emancipated  
          from foster care (from 3,974 in 1998-99 to 5,387 in 2008-09).   
          The immediate outcomes for these young adults are sobering.   
          Studies have shown that former foster youth, when compared to  
          other young adults of the same age and race, are less likely to  
          complete high school, attend college, or be employed.  They are  
          also at a higher risk for becoming homeless and arrested or  
          incarcerated.  (See Foster Care in California, Public Policy  
          Institute of California, 2010.)

          In 1998, California established the Kinship Guardianship  
          Assistance Payment program (the Kin-GAP program) to provide  
          financial assistance for children who, after being adjudged  
          dependent children of the juvenile court, are placed in legal  
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          guardianship with a relative.  (SB 1901, McPherson, Chapter  
          1055, Statutes of 1998.)  The bill was a result of a study that  
          concluded that most relative caregivers have strong commitments  
          to the children in their care, but are averse to adoption as it  
          requires the termination of the parental rights of one of their  
          family members.  Moreover, while most relative caregivers  
          supported permanency planning for a child, many did not pursue  
          legal guardianship for fear of losing the needed financial  
          support they obtained under the foster care system.  To date,  
          Kin-GAP has been successful in reducing the number of children  
          in foster care.  In 2009, the Kin-GAP program assisted  
          approximately 14,500 former foster children living with relative  
          guardians.  However, unlike foster care or adoption assistance,  
          there historically have been no federal funds available for  
          relative guardianships.  Instead, all Kin-Gap costs have been  
          borne by California.  

          In October, 2008, the federal government enacted the Fostering  
          Connections to Success and Increasing Adoptions Act (Public Law  
          110-351) (Act).  The Act offers states the opportunity to opt-in  
          to new federal funding streams if they choose to provide  
          kinship-guardianship benefits to relative guardians or if they  
          provide foster care to 18 to 21-year-old youth.  

          This bill would enact the California Fostering Connections to  
          Success Act, thereby enabling the State of California to  
          exercise both of these options.  With regard to  
          kinship-guardianship benefits, this bill would allow California  
          to draw down federal funds for a significant part of our  
          decade-old state-funded Kin-GAP program.  With regard to foster  
          youth, this bill would authorize the juvenile courts to exercise  
          jurisdiction over nonminor dependents between the ages of 18 to  
          21 if they meet the specified criteria.

          This bill was approved by the Senate Human Services Committee on  
          June 10, 2010 by a vote of 3-0.

                                CHANGES TO EXISTING LAW
           
           Existing law  generally establishes a system of child welfare  
          services, including foster care, for children who are abused or  
          neglected or are at risk of being abused or neglected.  (Wel. &  
          Inst. Code Sec. 300 et seq.)

           Existing law  establishes the state's Kinship-Guardianship  
          Assistance Payment (Kin-GAP) program, which recognizes that some  
                                                                      



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          dependent children are in long-term, stable placements with  
          relatives and allows dependency cases in those circumstances to  
          be dismissed.  (Wel. & Inst. Code Sec. 11360.)

           Existing law  authorizes the placement of children with varying  
          designations and varying needs in the same facility under  
          specified circumstances.  (Health & Saf. Code Sec. 1501.1.)

           Existing law  generally establishes the jurisdiction of the  
          juvenile court, which is permitted to adjudge certain children  
          to be dependents of the court under specified circumstances.   
          (Wel. & Inst. Code Sec. 300 et seq.)

           Existing law  authorizes the juvenile court to retain  
          jurisdiction over a child who has been adjudicated a dependent  
          because of abuse or neglect until the ward or dependent child  
          attains the age of 21 years.  (Wel. & Inst. Code Sec. 303.)
           Existing law  establishes procedures for a hearing to terminate  
          the court's jurisdiction over a dependent child who has reached  
          the age of majority.  (Wel. & Inst. Code Sec. 391.)

           Existing law  provides that Aid to Families with Dependent  
          Children-Foster Care (AFDC-FC) benefits and Kin-GAP assistance  
          shall be paid on behalf of a child in foster care who is under  
          the age of 18 or a child in a guardianship who is under the age  
          of 18 and who meets additional eligibility criteria.  (Wel. &  
          Inst. Code Secs. 11363, 11401.)  Existing law exempts from this  
          age-based requirement foster children and children in  
          guardianships between the ages of 18 and 19 who are pursuing  
          specified education-related goals.  (Wel. & Inst. Code Sec.  
          11403.)

           This bill  would require the Department of Social Services (DSS)  
          to exercise its option under federal law to enter into kinship  
          guardianship assistance agreements with relative guardians of  
          children who exit foster care.  

           This bill  would make conforming changes to California's Kin-GAP  
          program in order to make the program eligible for receipt of  
          federal funds.   
           
           This bill  would maintain a state-funded Kin-GAP program to  
          provide benefits on behalf of children who are not eligible for  
          the federally funded Kin-GAP program.

           This bill  would specify that Kin-GAP payments shall continue  
                                                                      



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          after the filing of a petition pursuant to Welfare and  
          Institutions Code Section 388 to change, modify, or set aside a  
          court order unless and until the juvenile court orders the child  
          removed from the home, terminates guardianship, or grants other  
          requested relief.  

           This bill  would require that the federally funded Kin-GAP opt-in  
          begin after the director of DSS issues a declaration that  
          increased federal financial participation under the American  
          Recovery and Reinvestment Act (ARRA) or subsequent federal  
          legislation is no longer available.  

           This bill  would establish the intent of the Legislature to  
          exercise the option afforded states under the federal Fostering  
          Connections Act to receive federal financial participation for  
          current or former dependent children or wards of the juvenile  
          court who receive support up to 21 years of age as follows: (1)  
          effective January 1, 2012, would extend foster care to eligible  
          youth up to their 19th birthday; (2) effective January 1, 2013,  
          would extend foster care to eligible youth up to their 20th  
          birthday; and (3) effective January 1, 2014, would extend foster  
          care to eligible youth up to their 21st birthday.

           This bill  would define "nonminor dependents" as current or  
          former dependents or wards of the juvenile court who are between  
          18 and 21 years of age, are in foster care, and are  
          participating in a transitional independent living case plan  
          pursuant to the federal Fostering Connections Act.  
           This bill  would allow for the payment of aid, following  
          specified procedures and due process requirements, on behalf of  
          an otherwise eligible nonminor dependent who also meets at least  
          one of the following five conditions:  (1) is completing  
          secondary education or an equivalent credential; (2) is enrolled  
          in a postsecondary or vocational education institution; (3) is  
          participating in a program designed to promote, or remove  
          barriers to, employment; (4) is employed for at least 80 hours  
          per month; or (5) is incapable of doing one of the above due to  
          a medical condition, and that incapability is supported by case  
          plan information that is brought up-to-date regularly.

           This bill  would change eligibility for the adoption assistance  
          program (AAP) and Kin-GAP assistance to also include otherwise  
          eligible youth between the ages of 18 and 21 for whom an  
          adoption assistance agreement was entered into or Kin-GAP aid  
          began after the age of 16 and who meet one of the  
          above-described five conditions.
                                                                      



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           This bill  would require the county welfare, probation  
          department, or tribe, to explain these program changes to all  
          foster youth, including those receiving Kin-GAP and AAP, who  
          attain 16 years of age and are under their jurisdiction.

           This bill  would provide, on and after January 1, 2012, that the  
          juvenile court has jurisdiction over a nonminor dependent who is  
          eligible to receive kinship guardian assistance payments.  

           This bill  would authorize the juvenile court, on or after a  
          prescribed date, to adjudge a child placed voluntarily in an  
          approved home of a relative for not more than 180 days a  
          dependent child of the court, if prescribed conditions are met.   


           This bill  , effective January 1, 2012, would also include a child  
          who had been previously removed from the custody of his or her  
          parent and placed in foster care, who was also declared a ward  
          of the juvenile court.  This bill would authorize the court to  
          modify an existing order with respect to a ward under these  
          circumstances and assert dependency jurisdiction, as specified.   


           This bill  would provide, on or after January 1, 2012, that the  
          juvenile court has jurisdiction over a ward who has been placed  
          in foster care or a dependent who reaches the age of majority  
          before jurisdiction is terminated until the nonminor reaches 21  
          years of age.  

           This bill  would, commencing January 1, 2012, allow a nonminor  
          who left foster care at or after the age of majority to petition  
          the court to have dependency jurisdiction resumed, in accordance  
          with a provision of existing law.  

           This bill  would revise the hearing requirements for determining  
          whether to terminate or continue dependency jurisdiction over a  
          dependent child who has reached the age of majority.  

           This bill  would require that the court resume dependency  
          jurisdiction and order a new transitional independent living  
          case plan within 60 days if it finds that the nonminor is  
          eligible for dependency jurisdiction.  

           This bill  would, on or after January 1, 2012, authorize the  
          placement of nonminor dependents in supervised independent  
                                                                      



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          living settings.  This bill would define a "supervised  
          independent living setting" as a setting specified in a nonminor  
          dependent's transitional independent living case plan, pursuant  
          to federal law.  This bill would exempt supervised independent  
          living settings from licensure under the Community Care  
          Facilities Act.  

           This bill  would require the court, at the last review hearing  
          before a foster child turns 18, to ensure that the child's  
          transitional independent living case plan includes a plan for  
          the child to meet one of the criteria for eligibility as a  
          nonminor dependent and that the child has been informed of the  
          right to seek termination of dependency jurisdiction at any time  
          after reaching the age of majority and before the age of 21.  

           This bill  would require the child welfare or probation  
          department to report to the court, at the hearing closest to and  
          before a dependent child's 18th birthday and each review hearing  
          thereafter, whether specified information, documents, and  
          services have been provided.  

           This bill  would require that case plans for nonminor dependents  
          be developed with, and signed by, the nonminor and include  
          specified information.

           This bill  would require that the status of a nonminor dependent  
          be reviewed periodically, as determined by the court, but at  
          least every six months, until dependency jurisdiction is  
          terminated.  This bill would provide that courts shall not order  
          hearings to terminate parental rights of a nonminor dependent's  
          parents.  This bill would require the court to hold a specified  
          hearing before terminating dependency jurisdiction for a  
          nonminor dependent.

           This bill  would add nonminor dependents to existing categories  
          of youth who may retain specified cash resources and remain  
          eligible to receive specified social services and to those who  
          may receive CalWORKs while in the approved home of a relative  
          foster caregiver.

           This bill  would specify that nothing in statutory provisions  
          gives legal custody of a person who has attained the age of 18  
          to a county welfare or probation department or otherwise  
          abrogates rights that a person who has reached the age of 18 has  
          under state law.  This bill would declare that, unless otherwise  
          specified, the rights of a dependent child and responsibilities  
                                                                      



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          of specified departments and other entities toward them also  
          apply to nonminor dependents. 

           This bill  would require DSS, by specified dates, to revise or  
          adopt regulations to implement these new statutory provisions in  
          consultation with specified government and other entities.  This  
          bill would authorize implementation of regulatory changes via  
          emergency regulations.

                                        COMMENT
           
              1.   Stated need for the bill
           
          According to the bill's authors, the federal Fostering  
          Connections Act, "provides California with an unprecedented  
          opportunity to access federal funding to improve the lives of  
          our state's most vulnerable youth.  The bill's provisions  
          represent both fiscally and socially responsible improvements to  
          California's foster care system.  As a result, California would  
          utilize federal funds to meet costs currently borne by the state  
          and counties, and realize proven savings from declines in  
          unemployment, homelessness, teen pregnancy, public assistance,  
          and the other costly outcomes for young adults who 'age out' of  
          foster care."

          In support, the Judicial Council, one of the co-sponsors also  
          writes:

            The two major child welfare reforms contained in AB 12 reflect  
            two key recommendations made by the California Blue Ribbon  
            Commission on Children in Foster Care (BRC).  In its final  
            recommendations, the BRC proposed that the Judicial Council  
            work to achieve federal legislative reform to ensure federal  
            funding for "all children who leave foster care to live with a  
            permanent legal guardian."  AB 12 is the legislative vehicle  
            necessary to allow California to opt in to this funding  
            stream, and to transition the existing and very successful  
            Kin-GAP program to include federal financial participation. ? 

            Improving transitional support for foster youth ages 18 to 21  
            was also recommended by the BRC, which urged the Judicial  
            Council to "work with federal and state leaders to support or  
            sponsor legislation to extend the age when children receive  
            foster care assistance from age 18 to 21."  Research comparing  
            states that currently provide services to age 21 with those  
            that do not provide services demonstrates that this change  
                                                                      



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            significantly improves educational, employment, and housing  
            outcomes for these youth.  California law currently allows  
            juvenile courts to maintain jurisdiction until age 21.   
            Welfare and Institutions Code section 391 sets forth a  
            checklist of issues that the court should examine before  
            terminating jurisdiction for a dependent youth based on  
            reaching the age of majority, and authorizes the court to  
            consider continuing jurisdiction if it determines that the  
            requirements of this section have not been met.  Despite this  
            jurisdictional authority, no state or federal funding has been  
            available to provide services for any youth over age 19, and  
            support for youth ages 18 to 19 is contingent on a finding  
            that the youth is likely to complete high school by age 19.   
            AB 12 will provide a framework for courts to exercise their  
            existing jurisdiction and ensure that county child welfare  
            agencies provide the necessary support and case management to  
            allow these youth to achieve a successful transition to  
            adulthood.   

              2.   Bill would create "nonminor dependent" status

           This bill would create a new status of "nonminor dependent" and  
          define it as a current or former dependent child or ward of the  
          juvenile court who satisfies all of the following criteria:  (1)  
          he or she is between the ages of 18-21; (2) he or she is in  
          foster care; (3) and he or she is participating in a  
          transitional independent living case plan pursuant to federal  
          law.

          Nonminor dependents would be eligible to remain in foster care,  
          at their option, and receive services until they reach the age  
          of 21 if they meet one of the five federally-created criteria  
          related to work or school.   Specifically, the nonminor must  
          meet one of the following criteria: (1) be completing secondary  
          education or a program leading to an equivalent credential; (2)  
          be enrolled in an institution which provides postsecondary or  
          vocational education; (3) participate in a program or activity  
          designed to promote, or remove barriers to employment; (4) be  
          employed for at least 80 hours per month; or (5) be incapable of  
          the above-described activities due to a medical condition.

           3.Bill would authorize juvenile courts to retain jurisdiction  
            over nonminor dependents

           Under current law, the court may retain jurisdiction over any  
          person who is found to be a dependent child of the juvenile  
                                                                      



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          court until the ward or dependent child reaches the age of 21.   
          (Wel. & Inst. Code Sec. 303.)  This bill would, on or after  
          January 1, 2012, provide that a court shall have within its  
          jurisdiction "nonminor dependents."  The court would be able to  
          terminate its dependency or delinquency jurisdiction over the  
          nonminor dependent between the time the nonminor reaches the age  
          of majority and 21 years of age.  If the court terminates its  
          dependency or delinquency jurisdiction, the nonminor dependent  
          would still remain under the court's jurisdiction.  The nonminor  
          could subsequently petition the court to resume jurisdiction at  
          a later date until he or she reaches the age of 21.

          This bill would specifically provide that these provisions shall  
          not be construed to provide legal custody of a person who has  
          reached the age of 18 to the county welfare or probation  
          department, or to otherwise abrogate any other rights that a  
          person who has attained 18 years of age may have as an adult  
          under California law.  A nonminor dependent would retain all of  
          his or her legal decisionmaking authority as an adult.  These  
          provisions are intended to ensure that the nonminor is  
          recognized as a legal adult and would not forego any legal  
          rights should they choose to avail themselves of the services  
          and support available by staying in foster care.




              4.   Bill would create additional avenues for entering the  
               dependency system

           Current law provides that a child who comes within any of the  
          specified descriptions is within the jurisdiction of the  
          juvenile court which may adjudge the child to be a dependent of  
          the court.  (Wel. & Inst. Code Sec. 300.)  This bill would make  
          two additions to this section of current law.

          First, this bill would codify the federal Kin-GAP option to  
          enter dependency via a voluntary placement with a guardianship  
          which has existed for 180 days.  In other words, a child who was  
          voluntarily placed in the approved home of a relative for six  
          months could be adjudged a dependent of the court, and opt in to  
          the federal Kin-Gap program.  

           Second, the bill would, on or after January 1, 2012, create a  
          narrow basis for the juvenile court to modify its jurisdiction  
          of a minor who was previously placed in foster care and declared  
                                                                      



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          a ward of the juvenile court.  If the court determines that  
          modification of its jurisdiction is appropriate, and that the  
          immediate return of the child to his or her parent or guardian  
          would be detrimental to the child, then the court would be able  
          to modify its jurisdiction from delinquency to dependency.  

          This bill would further require, on or after January 1, 2012,  
          that at status review hearings for a ward close to attaining the  
          age of 18, the court shall consider whether to modify its  
          jurisdiction and assume jurisdiction of the ward as a dependent.  
           The probation department would be required to address this  
          issue and make a recommendation in its report to the court.

          These provisions would provide an avenue for wards who are aging  
          out of foster care to be able to receive services under the  
          programs and services created by AB 12 until they are 21 in  
          those cases where the court deems it appropriate.  In this  
          situation, this bill would provide that the nonminor dependents  
          shall be supervised by the probation department of the county in  
          which the court with jurisdiction over the dependent is located.  


              5.   Court's jurisdiction expanded over nonminor dependents

           This bill would provide that, on or after January 1, 2012, the  
          court may continue jurisdiction over a nonminor dependent who  
                              has a permanent plan of long-term foster care as a dependent of  
          the juvenile court or may dismiss dependency jurisdiction.  If  
          the court continues dependency jurisdiction of the nonminor, the  
          court must order the development of a planned permanent living  
          arrangement, which may include continued placement with the  
          current caregiver or placement in supervised independent living.  
           If the court terminates its dependency jurisdiction over a  
          nonminor dependent, it would retain jurisdiction over the youth  
          until he or she reaches the age of 21.  

          The nonminor dependent would be able to file a petition to have  
          dependency jurisdiction resumed before he or she turns 21.   
          Thus, nonminor dependents who leave the dependency system would  
          have the option of petitioning to re-enter dependency between  
          the ages of 18-21.  The petition could be filed in the juvenile  
          court that retains jurisdiction, or the court in the county  
          where the youth resides.  Upon receiving the petition, the court  
          would be required to order a hearing and provide notice to  
          specified parties, except that notice to parents or former  
          guardians shall not be provided if the nonminor objects.  The  
                                                                      



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          Judicial Council would be required to adopt rules of court to  
          allow for telephonic appearances by nonminor former dependents  
          in these proceedings.

          Prior to the hearing, the court would order the county child  
          welfare or probation department to prepare a report addressing  
          whether the nonminor meets the criteria for nonminor dependent  
          status.  If the court finds that the nonminor meets the  
          criteria, it would resume jurisdiction and order the county  
          child welfare or probation department to develop a new  
          transitional independent living case plan.

              6.   Status review hearings for nonminor dependents

           Under current law, the juvenile court must hold status hearings  
          for every dependent child at least every six months from the  
          date of the original dispositional hearing, and consider a  
          number of specified issues pertaining to the child's placement  
          and safety.  (Wel. & Inst. Code Sec. 366.)  If the review  
          hearing is the last review hearing to be held before a child  
          attains the age of 18, the bill would require the court to  
          ensure that the child's transitional independent living case  
          plan includes a plan for the child to meet one or more of the  
          criteria to be deemed a nonminor dependent, so that the child  
          can remain in foster care.  This bill would also require the  
          court to ensure that the child has been informed of his or her  
          right to seek the termination of dependency jurisdiction.  This  
          should ensure that dependent children who are close to reaching  
          the age of majority have the option of remaining in foster care  
          and know they can exit the system, once they turn 18, if they so  
          desire.

          Further, this bill would, on or after January 1, 2012, require  
          six-month status review hearings for nonminor dependents.  These  
          status review hearings would be conducted in a manner that  
          respects the nonminor dependent's status as a legal adult and  
          would be focused on the goals and services described in the  
          youth's transitional independent living case plan.  

              7.   Permanency plan review hearings for nonminor dependents

           Current law provides that if a juvenile court orders a permanent  
          plan of adoption, tribal customary adoption, or legal  
          guardianship, the court shall retain jurisdiction over the child  
          until the child is adopted or the legal guardianship is  
          established, except in specified circumstances.  (Wel. & Inst.  
                                                                      



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          Code Sec. 366.3.)  The status of the child is required to be  
          reviewed every six months to ensure that the permanency plan is  
          completed as expeditiously as possible.
          This bill would require, on or after January 1, 2012, ongoing  
          permanency plan review hearings for nonminor dependents, and  
          would provide that such hearings may be requested by the  
          nonminor dependent.  The review would include, among other  
          things, an inquiry into the services needed to assist the  
          nonminor dependent to make the transition from foster care to  
          independent living.

          The bill would also specify information that must be included in  
          reports for permanency hearings for nonminor dependents and  
          minors who are close to reaching the age of 18, including the  
          following:  (1) the dependent's plans to remain in foster care  
          and plans to meet criteria to continue to receive AFDC-FC (Aid  
          to Families with Dependent Children - Foster Care) benefits; (2)  
          the efforts made and assistance provided to the dependent by the  
          social worker or probation officer so that the dependent will be  
          able to meet the criteria; and (3) efforts toward obtaining  
          specified documentation.  

          As with status review hearings, permanency review hearings would  
          be required to be conducted in a manner that respects the  
          nonminor dependent's status as a legal adult and would be  
          focused on the goals and services described in the youth's  
          transitional independent living case plan.  The county child  
          welfare or probation department, or Indian tribe, would be  
          required to prepare and present to the court a report that  
          addresses the youth's progress in meeting the goals in the  
          transitional independent living case plan and would propose  
          modifications as necessary to further those goals.   If the  
          court is considering terminating dependency jurisdiction it  
          would first have to hold a hearing, as described in the  
          following comment. 

          If the permanency hearing is the last one to be held before a  
          child attains the age of 18, the bill would require the court to  
          ensure that the child's transitional independent living case  
          plan includes a plan for the child to meet one or more of the  
          criteria to be deemed a nonminor dependent, so that the child  
          can remain in foster care.  
           
          8.Hearing to terminate jurisdiction over nonminor

           This bill would require the court to conduct a hearing before  
                                                                      



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          terminating jurisdiction over a dependent youth who has reached  
          the age of 18.  At any such hearing, the county welfare  
          department would be required to do all of the following:  (1)  
          ensure that the dependent is present in court, unless he or she  
          does not wish to appear, or document efforts to locate the child  
          when he or she is not available; and (2) submit a report  
          describing whether it is in the youth's best interests to remain  
          under the court's dependency jurisdiction, which would include a  
          recommended transitional independent living case plan for any  
          youth that the department determines would benefit from  
          continued jurisdiction.  

          The court would be required to continue dependency jurisdiction  
          for a nonminor dependent unless the court finds that after  
          reasonable and documented efforts the nonminor cannot be located  
          or does not wish to remain subject to dependency jurisdiction.   
          In making this finding, the court must ensure that the nonminor  
          has been informed of his or her options, including the right to  
          file a petition to resume dependency jurisdiction, and has had  
          an opportunity to confer with his or her counsel, if counsel has  
          been appointed.  If the court terminates jurisdiction, the  
          nonminor shall remain within the jurisdiction of the court until  
          he or she turns 21, and may petition the court to resume  
          jurisdiction at any time before he or she turns 21.  

          The court may not terminate jurisdiction, unless the youth  
          cannot be located, until a hearing is conducted and the  
          department has submitted a report verifying that the following  
          information, documents, and services have been provided to the  
          youth: (1) written information concerning the child's dependency  
          case; (2) social security card; (3) certified copy of birth  
          certificate; (4) health and education summary; (5) driver's  
          license; (6) a letter prepared by the county welfare department  
          that includes specified information about the youth; (7) death  
          certificate of the parents, if applicable; (8) proof of  
          citizenship or legal residence, if applicable; (9) assistance in  
          applying for Medi-Cal or obtaining other health insurance; (10)  
          referrals to transitional housing or assistance in securing  
          other housing; (11) assistance in obtaining employment or other  
          financial support; (12) assistance in applying for admission to  
          college, vocational training program, or other educational  
          institution; (13) assistance in maintaining relationships with  
          individuals who are important to the youth; and (14) for  
          nonminors between 18 and 21 years of age, assistance in the  
          Independent Living Aftercare program in the nonminor's county of  
          residence.
                                                                      



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          These provisions would ensure that a nonminor who chooses not to  
          stay in foster care understands his or her options, and is  
          provided with the necessary documents and services that he or  
          she will need to make a successful transition to independent  
          living.

           9.No counsel notice of hearings, or services required for  
            parents of nonminor dependents
           
          Because "nonminor dependents" would be legal adults, this bill  
          would provide that parents of "nonminor dependents" are not  
          required to receive notice of dependency proceedings, including  
          dependency status review hearings and permanency review  
          hearings.  Further, parents would not receive notice of a  
          petition filed by the "nonminor dependent" to come back into the  
          dependency jurisdiction of the court.  

          Similarly, because the parents of nonminor dependents would no  
          longer receive notice or be entitled to participate in  
          dependency proceedings, this bill would provide that the court  
          shall not provide representation by counsel for a parent of a  
          nonminor dependent.

          This bill would also specify that hearings conducted pursuant to  
          Welfare and Institutions Code Section 366.26 to terminate  
          parental rights shall not be ordered if the child is a nonminor  
          dependent.  In this case, such hearings would not be necessary  
          since the nonminor dependent would be a legal adult.  

          Finally, this bill would provide that provisions pertaining to  
          reunification services for the parents of a dependent child do  
          not apply to parents of nonminor dependents.  In such cases,  
          these services would no longer be necessary because independent  
          living, rather than reunification, would be the dependent's  
          permanency plan.

           10.  New requirements for reports issued to the juvenile court  
            regarding Kin-GAP
           
          This bill would provide that evaluations made by a social worker  
          or child advocate appointed by the court shall include a  
          discussion on whether the child has entered voluntary placement  
          with a guardian, for the purposes of participation in the  
          federal Kin-GAP program.  For assessments provided to the  
          juvenile court for the purposes of a hearing to terminate  
                                                                      



          AB 12 (Beall and Bass)
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          parental rights, this bill would require that it include  
          information on the degree of attachment of the child to the  
          prospective relative guardian or adoptive parent, the relative's  
          or adoptive parent's strong commitment to caring permanently for  
          the child, and whether the child, if over 12 years of age, has  
          been consulted about the proposed relative guardianship  
          arrangements. 

          If the court appoints an approved relative caregiver as the  
          child's legal guardian, the child has been in the care of that  
          relative for a period of six consecutive months under a  
          voluntary placement agreement, and the child meets the  
          conditions for federal financial participation, the child shall  
          be eligible for aid under the Kin-GAP program.  The placement  
          into a guardianship could take place as early as the first  
          dispositional hearing or at a hearing to terminate parental  
          rights.  In either case, the child would exit the dependency  
          system and still be eligible for aid under the Kin-Gap program.   


              11.Author's Amendments

           The author has offered the following technical amendments to AB  
          12:

            On page 10, line 4, after "permanent plan is," insert "legal  
            guardianship with a relative who is receiving Kin GAP"

            On page 88, line 1 and page 93 line 26, after "progress in a"  
            insert "court-ordered residential"

            On page 90, line 31, strike "relative" and insert "minor"

            On page 126, lines 20 to24 insert these changes: 

            "Upon  receipt   filing  of the petition, the court shall order a  
            hearing be held  if there is a prima facie showing that the  
            nonminor meets a least one of the conditions of Section 11403.  
            Upon ordering a hearing  , the court shall give prior notice, or  
            cause prior notice to be given, to the persons and by the  
            means prescribed by Section 386, except that notice to parents  
            or former guardians shall not be provided if the nonminor  
            objects in writing on the face of the petition."
            On page 129, line 19, before "of his or her options" insert  
            "by his or her counsel appointed pursuant to Section 317"

                                                                      



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            On page 140, line 9, insert after (a): "Except as provided in  
          subdivision (b),"

            On page 141, line 39, after "living with" insert "an approved"

            On page 142, lines 32 to 39 and page 143 lines 1 to 4, delete  
            all after "of the" and insert: "conditions specified in  
            subdivision (b) of Section 11403."

            On page 142, lines 15 to 16 and page 152 line 39, delete  
            "otherwise grants the relief requests in the petition after  
            holding the hearing" and insert: "maintains dependency  
            jurisdiction after the court concludes the hearing on the  
            Section 388 petition."

            On page 145, line 35 and page 153, line 28, delete: "or  
          11403.01"

            On page 145 line 36 and to page 153 line 29, after "directly"  
            insert "as specified in subdivision (d) of Section 11403"

            On pages 153 lines 15 to 26, delete all after "of the" and  
            insert: "conditions specified in subdivision (b) of Section  
            11403."

            On page 166 line 40 and to page 167 line 36, after "as defined  
            in" insert "subdivision (s) of ".

            On page 167, line 11 insert new subdivision (j) and on page  
            168, line 5, insert new subdivision (i) to read: "An approved  
            THP-Plus Foster Care placement  for nonminor dependents as  
            defined in subdivision (x) of Section 11400."

            On page 200 lines 35 through 40 and page 201, lines 1 to 7 and  
            to page 206, lines 7 through 19 delete all after " of the" and  
            insert: "conditions specified in subdivision (b) of Section  
            11403"
            
              12.Opposition
           
          Committee staff has received one letter of opposition to AB 12  
          submitted by the California Right to Life Committee.  In  
          opposition, it writes that AB 12 is premised on the notion that  
          young adults emerging from foster care are incapable of managing  
          their own lives and will be completely superfluous to the  
          success of any child in foster care.  
                                                                      



          AB 12 (Beall and Bass)
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          Committee staff notes that the author's office has cited  
          numerous reports and studies demonstrating the need for more  
          services and support for youth aging out of foster care.  As  
          previously stated, the services offered to nonminor dependents  
          under AB 12 will be at the option of the nonminor.  For those  
          youth who choose not to avail themselves of additional services,  
          this bill would ensure that they are provided with the proper  
          documents and assistance in finding housing, obtaining  
          employment, and applying for school, thereby increasing their  
          chances at successfully transitioning into independent living.

          The County of San Diego, while not in opposition, writes the  
          following:

            A major concern for the County is its ability to fund  
            provisions of AB 12 that expand foster care assistance to  
            certain youth up to the age of 21, without providing funding  
            to cover County costs.  Approximately 300 foster youth age-out  
            of the system at age 18 in San Diego County each year and  
            based on federal requirements, the County estimates that 230  
            foster youth may qualify for the proposed extended benefits.   
            For federally eligible youth, these new benefits would be  
            funded with 50% federal, 20% state and 30% County funding.   
            The County of San Diego estimates its share of cost for an  
            additional three years for 230 dependent youth would be  
            approximately $9 million.
           

           Support  :  Adolescent Health Working Group; Alameda County Court  
          Appointed Special Advocate Program; Alameda County Foster Youth  
          Alliance; Alameda County Family Justice Center; Alameda County  
          Foster Youth Alliance; Alameda County Juvenile  
          Justice/Delinquency Prevention Commission; Alameda County Office  
          of Education, Foster Youth Services Program; All Saints Church  
          Foster Care Project; Alternative Family Services; American  
          Academy of Pediatrics; American Federation of State, County and  
          Municipal Employees (AFSCME) AFL-CIO; Arriba Juntos; ASPIRAnet;  
          Association of Community Human Service Agencies; Bay Area Youth  
          Centers; Be A Mentor, Inc.; Bethe Group Home; Beyond  
          Emancipation; Bienvenidos Children's Center;  Board of  
          Supervisors County of Los Angeles; Board of Supervisors County  
          of Santa Clara; California Coalition for Youth; California  
          Commission on Aging (CCoA); California Communities United  
          Institute (CalComUI); California Council of Community Mental  
          Health Agencies; California Mental Health Directors Association  
                                                                      



          AB 12 (Beall and Bass)
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          (CMHDA); California Peace Officers' Association; California  
          Police Chiefs Association; California State Association of  
          Counties (CSAC); California State PTA; California Teachers  
          Association; California Youth Empowerment Network; Catholic  
          Charities of the East Bay; Central; Changing the Health of  
          Adolescents Impacting the Nation Reaction, Inc. DBA; C.H.A.I.N.  
          Reaction, Inc.; Charis Youth Center; Child Abuse Prevention  
          Center; Child Abuse Prevention Council; Child Advocates of  
          Placer County; Child Advocates of Silicon Valley, Inc.;  
          Children's Defense Fund California; Children & Family Services  
          of Contra Costa County; Children's Law Center of Los Angeles;  
          Children NOW; City and County of San Francisco; City of Culver  
          City; Communities in Harmony Advocating for Learning and Kids  
          (CHALK); Concept 7 Family Support & Treatment Centers;  
          Congregation Beth Shalom's Sacramento ACT Local Organizing  
          Committee; Connect Motivate Educate (CME) Society of San Jose  
          State University; Contra Costa County Board of Supervisors;  
          Contra Costa County Children & Family Services;  County of Santa  
          Barbara; Court Appointed Special Advocates (CASA); Court  
          Appointed Special Advocates of Alameda County; Court Appointed  
          Special Advocates of Imperial County; Court Appointed Special  
          Advocates of Orange County; Court Appointed Special Advocates of  
          Placer County; Covenant House California; Crossroads Treatment  
          Center; D & R Turning Point, Inc.; David & Margaret Youth and  
          Family Services; Disability Rights Education and Defense Fund  
          (DREDF); Drug Policy Alliance Network; Equality California  
          (EQCA); Every Child Foundation; Families Uniting Families;  
          Family Care Network; Family Law Section of the State Bar of  
          California; Fight Crime: Invest in Kids California; First Place  
          for Youth; Five Acres - The Boys' & Girls' Aid Society of Los  
          Angeles; Foothill College's Financial Aid Outreach; Fresno  
          County Economic Opportunities Commission's (EOC) Sanctuary Youth  
          Services; Grandparents As Parents; Greenhouse Family Services;  
          Hathaway-Sycamores Child and Family Services; Honoring  
          Emancipated Youth (HEY); Imperial Valley Regional Occupational  
          Program; Independent Living Program; Interagency Children's  
          Policy Council of Alameda County; John Burton Foundation for  
          Children without Homes; Juma Ventures; Junior League of  
          Napa-Sonoma Board of Directors; Junior League of Orange County;  
          Kids in Common; Larkin Street Youth Services; Lavender Youth  
          Recreation and Information Center (LYRIC); League of Women  
          Voters of California; Legal Aid Association of California; Legal  
          Services for Children; Lincoln Child Center; Los Angeles County  
          Sheriff Lee Baca; Maryvale; Masonic Homes Children's Program;  
          MatchBridge; Mental Health Association of San Francisco; Modoc  
          County Department of Social Services; Modoc County Office of  
                                                                      



          AB 12 (Beall and Bass)
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          Education; National Association of Social Workers, California  
          Chapter (NASW-CA); Ohlone College; Olive Crest; Paradise Oaks  
          Youth Services; Peacock Acres; Penny Lane Centers; Pivotal Point  
          Youth Services, Inc.; Placer County Foster Youth Services;  
          Planned Parenthood Affiliates of California (PPAC); Plumas  
          County Independent Living Skills Program; Plumas Court Appointed  
          Special Advocates (CASA); Professional Fiduciary Association of  
          CA; Public Counsel Law Center; Rebekah Children's Services;  
          Redwood Children's Services, Inc.; Remi Vista Inc, Youth &  
          Family Services; Regional Council of Rural Counties; Remi Vista  
          Inc, Youth & Family Services; Riverside County Office of  
          Education, Foster Youth Services; Rosemary Children's Services;  
          Roundhouse Council, Indian Education & Family Resource Center;  
          Sacramento Children's Home; Sacramento Court Appointed Special  
          Advocate Program; San Diego County Office of Education, Foster  
          Youth Services; San Francisco Family & Child Guidance Clinic,  
          Native American Health Center; San Francisco State University;  
          Santa Ana College; Service Employees International Union;  
          Silicon Valley Community Foundation; Sonoma County Human  
          Services Department; St. Anne's; STARS Community Services - San  
          Leandro; Sunny Hills Services; Sunnyvale School District - Board  
          of Trustees; The Teen Project; The Village Family Services; Time  
          for Kids, Inc.; TLC Child and Family Services; Unique  
          Perspective, Career and Life Planning; United Friends of the  
          Children; Ventura County Board of Supervisors; VOICES LLP;  
          WestCoast Children's Clinic; Westside Children's Center; Youth  
          Commission San Francisco; Youth for Change; Youth Justice  
                                                                                Institute; Yuba College Youth Empowerment Strategies; Yuba  
          Sutter Foster Parent Association; YWCA Santa Monica /Westside;  
          3rd Street Youth Center and Clinic; 17 individuals

           Opposition  :  California Right to Life Committee; County of San  
          Diego (concerns)
                                        HISTORY
           
           Source  :  Alliance for Children's Rights; California Alliance of  
          Child and Family Services; California County Welfare Director's  
          Association; Children's Law Center of Los Angeles; California  
          Youth Connection; John Burton Foundation for Children Without  
          Homes; Judicial Council of California; Service Employees  
          International Union; Youth Law Center

           Related Pending Legislation  :  None Known

           Prior Legislation  :

                                                                      



          AB 12 (Beall and Bass)
          Page 20 of ?



          AB 270 (De La Torre) of the 2009 legislative session would have  
          required courts to continue jurisdiction over non-minors when  
          required documents, screenings and information were not provided  
          or completed.  This bill died in the Assembly Appropriations  
          Committee.

          AB 1148 (Cedillo) of the 2008 Legislative Session contained  
          provisions similar to those in AB 270.  This bill was held in  
          the Senate Appropriations Committee.  

          SB 1901 (McPherson, Chapter 1055, Statutes of 1998) established  
          California's subsidized relative guardianship program, Kin-GAP.

           Prior Vote  :

          Assembly Human Services Committee (Ayes 5, Noes 0)
          Assembly Appropriations Committee (Ayes 13, Noes 0)
          Assembly Floor (Ayes 72, Noes 0)
          Senate Human Services Committee (Ayes 3, Noes 0)

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