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 (more) AB 12 (Beall and Bass) Page 2 of ? 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 AB 12 (Beall and Bass) Page 3 of ? 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 AB 12 (Beall and Bass) Page 4 of ? 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. AB 12 (Beall and Bass) Page 5 of ? 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 AB 12 (Beall and Bass) Page 6 of ? 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 AB 12 (Beall and Bass) Page 7 of ? 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 AB 12 (Beall and Bass) Page 8 of ? 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 AB 12 (Beall and Bass) Page 9 of ? 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 AB 12 (Beall and Bass) Page 10 of ? 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 AB 12 (Beall and Bass) Page 11 of ? 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. AB 12 (Beall and Bass) Page 12 of ? 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 AB 12 (Beall and Bass) Page 13 of ? 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. AB 12 (Beall and Bass) Page 14 of ? 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) Page 15 of ? 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: "Uponreceiptfiling 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" AB 12 (Beall and Bass) Page 16 of ? 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) Page 17 of ? 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) Page 18 of ? (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) Page 19 of ? 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) **************