BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1984


                                                                    Page  1





          Date of Hearing:  April 12, 2016


                        ASSEMBLY COMMITTEE ON HUMAN SERVICES


                                Susan Bonilla, Chair


          AB 1984  
          (Linder) - As Amended March 31, 2016


          SUBJECT:  Foster youth:  enrichment activities


          SUMMARY:  Establishes the California Foster Youth Enrichment  
          Grant Program. 


          Specifically, this bill:  


          1)Creates the California Foster Youth Enrichment Grant Program  
            to provide grants to foster youth to participate in activities  
            that enhance their skills, abilities, self-esteem, or overall  
            well-being.


          2)Requires the Department of Social Services (DSS), by March 1,  
            2017, to convene a workgroup to develop an implementation plan  
            to maximize the grant program's impact and further specifies  
            that the workgroup shall be composed of members that represent  
            the interests of foster youth.


          3)Requires DSS, by January 1, 2018, and upon appropriation by  
            the Legislature, to establish the California Foster Youth  
            Enrichment Grant Program, as specified.








                                                                    AB 1984


                                                                    Page  2







          4)Requires grant applicants to be all of the following  
            immediately prior to approval of a grant:


             a)   A California foster youth between the ages of 6 and 17,  
               or a nonminor dependent;


               b)     Placed in a foster family home, certified family  
                 home, or group home; and


             c)   Enrolled in a California school.


          5)Requires grants awarded to be no more than $500 and to fund a  
            program, service, or product, and any directly related costs,  
            that provide any of the following to a foster youth, as  
            specified:


             a)   Skill development;


             b)   Academic or school-related assistance; or


             c)   Recreational or social participation.


          6)Prohibits grants from being awarded that do not directly  
            contribute to enhancing a foster youth's skills, abilities,  
            self-esteem or overall well-being and further specifies that  
            this prohibition applies to child care expenses for the foster  
            youth or his or her child, and a vacation with the foster  
            youth's foster family.









                                                                    AB 1984


                                                                    Page  3






          7)Requires DSS to develop a grant application form that contains  
            specified information including, but not limited to, evidence  
            of eligibility and the need for, use of, anticipated cost of  
            and projected benefit to the youth of the program, product or  
            service.


          8)Requires DSS to develop a form on which the recipient shall  
            submit, within six months of the grant being awarded,  
            specified documentation regarding the use of the grant and  
            further prohibits a recipient from being eligible for a  
            subsequent grant until this documentation is received.


          9)Requires DSS, by January 1, 2021, to submit a report to the  
            Legislature containing specified data and information on the  
            grant program.


          10)States Legislative intent that DSS explore the feasibility of  
            transitioning the program to private funding and control.


          11)Sunsets the provisions of this bill as of January 1, 2022.


          EXISTING LAW:  


          1)Permits the juvenile court to adjudge a child a dependent of  
            the court for specified reasons, including, but not limited  
            to, if a child has suffered or is at substantial risk of  
            suffering serious physical harm, emotional damage, or sexual  
            abuse, as specified.  (WIC 300)


          2)States that the purpose of foster care law is to provide  
            maximum safety and protection for children who are currently  








                                                                    AB 1984


                                                                    Page  4





            being physically, sexually, or emotionally abused, neglected,  
            or exploited, and to ensure the safety, protection, and  
            physical and emotional well-being of children who are at risk  
            of harm.  (WIC 300.2)


          3)Declares the intent of the Legislature to, whenever possible,  
            preserve and strengthen a child's family ties and, when a  
            child must be removed from the physical custody of his or her  
            parents, to give preferential consideration to placement with  
            relatives.  States the intent of the Legislature to reaffirm  
            its commitment to children who are in out-of-home placement to  
            live in the least restrictive family setting and as close to  
            the child's family as possible, as specified.  Further states  
            the intent of the Legislature that all children live with a  
            committed, permanent, nurturing family and states that  
            services and supports should be tailored to meet the specific  
            needs of the individual child and family being served, as  
            specified.  (WIC 16000)


          4)Requires out-of-home placement of a child in foster care to be  
            based upon selection of a safe setting that is the least  
            restrictive family setting that promotes normal childhood  
            experiences and the most appropriate setting that meets the  
            child's individual needs, as specified.  Further requires the  
            selection of placement to consider, in order of priority,  
            placement with:  relatives, nonrelated extended family  
            members, and tribal members; foster family homes, resource  
            families, and nontreatment certified homes of foster family  
            agencies; followed by treatment and intensive treatment  
            certified homes of foster family agencies or multidimensional  
            treatment foster care homes or therapeutic foster care homes;  
            group care placements in the order of short-term residential  
            treatment centers, group homes, community treatment  
            facilities, and out-of-state residential treatment, as  
            specified.  (WIC 16501.1(d)(1))










                                                                    AB 1984


                                                                    Page  5





          5)Enumerates rights of minors and nonminors in foster care,  
            including but not limited to the right to:  live in a safe,  
            healthy, and comfortable home where he or she is treated with  
            respect; be free from physical, sexual, emotional, or other  
            abuse, or corporal punishment; receive adequate and healthy  
            food, adequate clothing, and, for youth in group homes, an  
            allowance; receive medical, dental, vision, and mental health  
            services; be involved in the development of his or her own  
            case plan and plan for permanent placement; and review his or  
            her own case plan and plan for permanent placement, if he or  
            she is 12 years of age or older and in a permanent placement,  
            and receive information about his or her out-of-home placement  
            and case plan, including being told of changes to the plan.   
            (WIC 16001.9)





          6)Defines "nonminor dependent" as a current or former foster  
            youth who is between 18 and 21 years old, in foster care under  
            the responsibility of the county welfare department, county  
            probation department, or Indian Tribe, and participating in a  
            transitional independent living plan, as specified.  (WIC  
            11400 (v))
          7)Defines "reasonable and prudent parent" or "reasonable and  
            prudent parent standard" to mean the standard characterized by  
            careful and sensible parental decisions that maintain the  
            health, safety, and best interests of a child while  
            simulataneously encouraging emotional and developmental  
            growth.  Further requires a caregiver to use this standard  
            when determining whether to permit a child in foster care to  
            participate in age or developmentally appropriate  
            extracurricular, enrichment, cultural, or social activities,  
            as specified.  (WIC 362.05 (c)(1))












                                                                    AB 1984


                                                                    Page  6






          8)Requires every child adjudged a dependent of the juvenile  
            court to be entitled to participate in age-appropriate  
            extracurricular, enrichment, and social activities and further  
            prohibits state or local regulation or policy from preventing  
            or creating barriers to participation in those activities, as  
            specified.  (WIC 362.05)



          FISCAL EFFECT:  Unknown.


          COMMENTS:  


          Child Welfare Services:  The purpose of California's Child  
          Welfare Services (CWS) system is to protect children from abuse  
          and neglect and provide for their health and safety.  When  
          children are identified as being at risk of abuse, neglect or  
          abandonment, county juvenile courts hold legal jurisdiction and  
          children are served by the CWS system through the appointment of  
          a social worker.  Through this system, there are multiple  
          opportunities for the custody of the child, or his or her  
          placement outside of the home, to be evaluated, reviewed and  
          determined by the judicial system, in consultation with the  
          child's social worker, to help provide the best possible  
          services to the child.  The CWS system seeks to help children  
          who have been removed from their homes reunify with their  
          parents or guardians, whenever appropriate, or unite them with  
          other individuals they consider to be family.  





          As of January 1, 2016, there were 62,148 children in  
          California's child welfare system; 32,590 of these children were  
          between the ages of 6 and 17, and 7,622 were nonminor dependents  








                                                                    AB 1984


                                                                    Page  7





          (i.e., between the ages of 18 and 21).





          "Normalcy" for foster youth:  Recent federal legislation from  
          2014 - the Preventing Sex Trafficking and Strengthening Families  
          Act (P.L. 113-183) - adopted a number of changes that, among  
          other things, sought to assist in creating "normalcy" for youth  
          in foster care.  Many states including California, followed suit  
          with conforming state legislation (in California, this was SB  
          794 [Senate Committee on Human Services], Chapter 425, Statutes  
          of 2015).





          A core principle behind "normalcy" is recognizing the right of  
          foster children to engage in extracurricular and social  
          activities on a regular basis.  One tool for removing barriers  
          to such engagement is the adoption and use of a "reasonable and  
          prudent parent standard" - this standard, while maintaining the  
          expectation that caregivers always seek to ensure a foster  
          youth's safety, also calls on caregivers to allow foster youth  
          to engage in the same range of activities that other parents  
          allow for their children.  California has recognized the need to  
          support the right of foster children to engage in a range of  
          activities, and to call for a prudent parent standard, for some  
          time;  AB 408 (Steinberg), Chapter 813, Statutes of 2003,  
          adopted language stating that, "every child adjudged a dependent  
          child of the juvenile court shall be entitled to participate in  
          age-appropriate extracurricular, enrichment, and social  
          activities," and that, "caregivers shall use a prudent parent  
          standard in determining whether to give permission for a child  
          residing in foster care to participate in extracurricular,  
          enrichment, and social activities."  State legislation adopted  
          in 2015 to conform with the federal Preventing Sex Trafficking  








                                                                    AB 1984


                                                                    Page  8





          and Strengthening Families Act further defined California's  
          reasonable and prudent parent standard to mean the standard  
          characterized by careful and sensible parental decisions that  
          maintain the health, safety, and best interests of a child while  
          simultaneously encouraging emotional and developmental growth.   
          This refinement of the reasonable and prudent parent standard  
          calls on a caregiver to use this standard when determining  
          whether to permit a child in foster care to participate in age  
          or developmentally appropriate extracurricular, enrichment,  
          cultural, or social activities, as specified.





          Additionally, the Foster Youth Bill of Rights, adopted in 2001  
          and amended and enhanced over time to include 27 distinct  
          rights, establishes the right of a foster youth to, "attend  
          school and participate in extracurricular, cultural, and  
          personal enrichment activities, consistent with the child's age  
          and developmental level, with minimal disruptions to school  
          attendance and educational stability."





          Need for this bill:  According to the author, "California has  
          been a trailblazer in aligning policy with the needs of youth  
          through efforts over a decade ago to establish a prudent parent  
          standard and provisions in the foster care bill of rights  
          supporting and promoting involvement in extracurricular and  
          enrichment activities.  However, without financial resources,  
          youth are unable to take advantage of the intent of the law and  
          have access to these activities that are so important for their  
          health and development.  By creating a California Foster Youth  
          Enrichment Grant Program, [this bill] acts on the growing body  
          of research that demonstrates the positive impact that   
           extracurricular enrichment activities such as sports  








                                                                    AB 1984


                                                                    Page  9





          participation and art and music lessons can play in a young  
          person's academic performance and well-being.  Not only have  
          enrichment programs been proven to positively impact a young  
          person's attendance, motivation, academic achievement,  
          self-esteem and behavior, but they are also an essential  
          ingredient for high school students to build a robust and  
          well-rounded college application in order to be competitive so  
          they can eventually advance into higher education."





          Staff comments:  Facilitating the engagement of foster youth in  
          extracurricular and other educationally and socially beneficial  
          activities is an important goal.  However, this bill's approach  
          to supporting foster youth participation in such activities is  
          laden with numerous administrative components and requirements  
          that may have the effect of diverting a significant portion of  
          funds away from supporting the activities and foster youth  
          themselves.  


          For example, this bill requires the following of DSS (and  
          perhaps of other entities, depending on the implementation plan  
          to be developed):  convene a workgroup to develop an  
          implementation plan; establish the California Foster Youth  
          Enrichment Grant Program in consideration of that plan; develop  
          detailed application forms; assess grant applications and award  
          grants in a manner that considers numerous specific criteria  
          related to both the foster youth and the proposed activities to  
          be funded; develop forms to be submitted by grant recipients six  
          months after receipt of the grant; review documentation  
          submitted by the grantee six months after receiving the grant;  
          compile detailed data on the program, to be submitted in a  
          report to the Legislature by January 1, 2021; and explore the  
          feasibility of transitioning the program to private funding and  
          control, per Legislative intent.  Additionally, the  
          administrative expectations placed on the youth and their  








                                                                    AB 1984


                                                                    Page  10





          families to complete lengthy applications and submit substantial  
          follow-up documentation may prove burdensome and even  
          prohibitive.  


          While a grant of up to $500 may encourage and enable a foster  
          youth to participate in beneficial activities, the numerous  
          requirements established by this bill for both the administering  
          entity(s), and for foster youth and families, raises the  
          question of whether this is the most efficacious and  
          cost-effective way to support the growth and development of  
          California children in the child welfare services system.   
          Should this bill move forward, the author may wish to consider  
          how to achieve a more streamlined and efficient process in order  
          to minimize administrative costs and maximize benefits for  
          children and youth in need.


          Additionally, this bill prohibits two activities from being paid  
          for by the grant that are arguably important to enhancing a  
          foster youth's skills, abilities, self-esteem or overall  
          well-being: family vacations and child care for parenting foster  
          youth.  


          Participating in family outings and vacations can contribute  
          significantly to a sense of belonging and inclusion for foster  
          youth, and examples of formal recognition and encouragement of  
          such participation are not hard to find.  For example, in its  
          "Resource Family Handbook" from 2015, the New Jersey Department  
          of Children and Families states that, "Taking children on family  
          vacation and trips is strongly encouraged.  It helps the  
          children know that they are a true part of your family and  
          enhances the bonding process."  And a June 2013 letter from  
          members of the U.S. House Ways and Means Subcommittee on Human  
          Resources to state child welfare administrators stated the  
          following: 

            "As the Chairman, Ranking Member, and members of the U.S.  








                                                                    AB 1984


                                                                    Page  11





            House Ways and Means Subcommittee on Human Resources, which  
            has jurisdiction over the nation's foster care and related  
            child welfare programs, we are writing to encourage your  
            increased attention to helping children in foster care live  
            more normal lives.  Every day, children in foster care across  
            the country face unnecessary barriers that limit their  
            opportunities to succeed.  However, we hope that by working  
            together we can remove these barriers and improve the lives of  
            thousands of foster youth across the country. 

            A hearing our subcommittee held on May 9, 2013 spotlighted  
            this issue, along with recent state efforts to promote  
            normalcy for children in foster care?The hearing highlighted  
            an amazing array of what David Wilkins, the Secretary of  
            Florida Department of Children and Families, said only he  
            called 'bizarre' restrictions on children in foster care.  The  
            restrictions on young people in foster care detailed various  
            witnesses' testimony included?taking part in a family  
            vacation?"

          Additionally, parenting foster youth may face barriers to  
          participating in enrichment activities if they are unable to  
          afford child care, and these are youth who may particularly  
          benefit from such participation.  Teen pregnancy and parenthood  
          have been found to be correlated with a number of social and  
          economic consequences.  Teen mothers are less likely to finish  
          high school, more likely to live in poverty, and can face poorer  
          health conditions than slightly older mothers.  The children of  
          teenage parents are then also more likely to live in poverty.   
          They are also more likely to come into contact with the child  
          welfare system.  Importantly, teen pregnancy may not distinctly  
          cause each of these outcomes, but instead leads to compounding  
          and interrelated impacts, with diminished educational attainment  
          contributing to decreased earnings and higher poverty levels,  
          and other negative outcomes stemming from living in poverty.   

          Suggested amendments:  For the reasons stated above regarding  
          family vacations and child care for parenting youth, committee  
          staff recommends the following amendments:








                                                                    AB 1984


                                                                    Page  12







          1)Starting on line 4 of page 4, make the following amendments: 


               4


            (e)(1)Grants awarded under this section shall be  for  
          activities that contribute to the enhancement of an individual  
          foster youths skills, abilities, self-esteem, or overall  
          well-being, and be  five hundred 


               5


          dollars ($500) or less  .  Grants   and  shall be used to fund a  
          program, service, 
               6


          or product, and any directly related costs, that provide any of  
          the 
               7


            following to a foster youth:

          2)Strikes lines 19 through 24 on page 4.
          


          Additionally, in order to ensure that youth placed in a variety  
          of settings, including newly-established placements resulting  
          from Continuum of Care Reform efforts, are eligible for grants,  
          and to make eligibility language clearer, committee staff  
          recommends the following amendments:









                                                                    AB 1984


                                                                    Page  13






          3)Strike lines 37 through 40 on page 3, and lines 1 through 3 on  
            page 4.


          4)) Insert the following after line 36 on page 3:



             (d) Grants will be awarded to a foster youth who meets the  
          following eligibility criteria:  


                 (1) is in foster care under the placement and care  
                 responsibility of the county welfare department, county  
                 probation department, Indian tribe, consortium of tribes,  
                 or tribal organization that entered into an agreement  
                 pursuant to Section 10553.1.   


                 (2) has attained the age of six but has not attained the  
            age of twenty-two 

                 (3) is enrolled in a primary, middle, or secondary  
                 education program,  a program leading to an equivalent  
                 credential, or a post-secondary education program in  
                 California.
           


          Also, to make a technical amendment to remove Legislative  
          findings and declarations from State Code, committee staff  
          recommends the following amendments:


          


          5)Insert the following before line 1 on page 2:








                                                                    AB 1984


                                                                    Page  14








           The Legislature finds and declares all of the following:


          (1) California foster youth face many challenges. Approximately  
          three-fourths of youth in foster care have spent two or more  
          years in the system between birth and 12th grade. While in  
          foster care, about 70 percent of youth had three or more  
          placements. Less than half of all foster youth complete high  
          school.


          (2) Although the state has seen a reduction in the number of  
          children in foster care and a decreased reliance on group homes,  
          it continues to struggle to find stable, fulfilling families for  
          children.


          (3) Participating in enrichment activities, including, but not  
                                   limited to, sports leagues, camps, college preparation courses,  
          arts, music, and formative social experiences, can greatly  
          contribute to a foster youth's sense of normalcy and increase  
          the likelihood of a successful transition to adulthood.


           6)Make the following amendments starting on line 3 of page 2 of  
            the bill:






            SECTION 1.   Section 16007 is added to the Welfare and 
               2










                                                                    AB 1984


                                                                    Page  15





          Institutions Code, to read:
               3


            16007.   (a)  (1)The Legislature finds and declares all of the  
               4


           following:
                5


             (A)California foster youth face many challenges. Approximately  

                6


           three-fourths of youth in foster care have spent two or more  
          years 
                7


           in the system between birth and 12th grade. While in foster  
          care, 
                8


           about 70 percent of youth had three or more placements. Less  
          than 
                9


           half of all foster youth complete high school.
               10


             (B)Although the state has seen a reduction in the number of 
               11









                                                                    AB 1984


                                                                    Page  16






           children in foster care and a decreased reliance on group homes,  

               12


           it continues to struggle to find stable, fulfilling families for  

               13


           children.
               14


             (C)Participating in enrichment activities, including, but not 
               15


           limited to, sports leagues, camps, college preparation courses,  
          arts, 
               16


           music, and formative social experiences, can greatly contribute  
          to 
               17


           a foster youths sense of normalcy and increase the likelihood of  

               18


          a successful transition to adulthood.
               19


             (2)  The purpose of this section is  to create a program  to  








                                                                    AB 1984


                                                                    Page  17





          establish 
              20


          the California Foster Youth Enrichment Grant Program, which 










































                                                                    AB 1984


                                                                    Page  18






          P3     
               1


            will provide grants to foster youth to participate in   
          enrichment 
                2


             activities and provide for the program's transition from  
          public 
                3


             funding and control to private funding and control.  activities  
          that 
               4


            enhance their skills, abilities, self-esteem, or overall  
          well-being.
          





          PRIOR AND RELATED LEGISLATION:





          AB 1067 (Gipson), 2016, would require DSS to convene a working  
          group to develop standardized information about the rights of  
          all minors and nonminors in foster care.  This bill is currently  
          referred to the Senate Committee on Human Services.









                                                                    AB 1984


                                                                    Page  19









          SB 794 (Senate Committee on Human Services), Chapter 425,  
          Statutes of 2015, adopted a number of changes to bring the state  
          into compliance with the federal Preventing Sex Trafficking, and  
          Strengthening Families Act (Public Law 113-183), and included,  
          among other things, language to conform with federal law  
          regarding reasonable and prudent parent standards.


          AB 408 (Steinberg), Chapter 813, Statutes of 2003, made changes  
          in dependency law to help achieve permanency for older foster  
          youth, including providing that caregivers shall use a "prudent  
          parent" standard in determining whether to give permission for a  
          child residing in foster care to participate in age-appropriate  
          extracurricular, enrichment, and social activities.

          AB 899 (Liu), Chapter 683, Statutes of 2001, adopted  
          California's Foster Youth Bill of Rights.





          REGISTERED SUPPORT / OPPOSITION:




          Support


          Advokids


          California Alliance of Child and Family Services









                                                                    AB 1984


                                                                    Page  20






          California Youth Connection (CYC) - co-sponsor


          Families Now


          John Burton Foundation


          National Center for Youth Law


          Youth Law Center - sponsor





          Opposition





          None on file.




          Analysis Prepared by:Daphne Hunt / HUM. S. / (916) 319-2089
















                                                                    AB 1984


                                                                    Page  21