BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  August 19, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          SB 12  
          (Beall) - As Amended June 2, 2015


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:  This bill expands eligibility for extended foster care  
          to specified nonminors who have crossed over from the dependency  
          system to the delinquency system. Specifically, this bill:  


          1)Permits a nonminor between the ages of 18 and 21 to petition  








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            the court to resume dependency jurisdiction or assume  
            transition jurisdiction over him or her, provided the youth: 


             a)   Has been adjudged a ward of the court; 


             b)   Was subject to an order for foster care placement at the  
               time the petition to adjudge him or her a ward of the court  
               was filed; and 


             c)   Was held in secure confinement at 18 years of age.


          FISCAL EFFECT:


          1)Potentially significant ongoing annual costs of approximately  
            $550,000 (GF/Federal Fund) to provide extended foster care  
            benefits to for up to three years to additional probation  
            youth between the ages of 18 and 21 who are in secure  
            confinement on their 18th birthday.  A portion of these costs  
            could be eligible for federal reimbursement to the extent the  
            State submits an amendment to its Title IV-E state plan that  
            is approved.


          2)Potentially significant increase in non-reimbursable  
            (Proposition 30) local probation supervision costs in the  
            hundreds of thousands of dollars (GF) annually to the extent  
            nonminors provided extended foster care benefits continue  
            under the supervision of probation departments.




          3)Unknown, but potentially significant future cost savings (GF)  
            to the extent the provision of extended foster care benefits  








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            to this population of nonminors results in improved long-term  
            outcomes and reduced future involvement in the criminal  
            justice system.


          4)Potential Proposition 30 implications to the extent this bill  
            creates a new mandate for counties that must be funded with  
            General Fund dollars.


          COMMENTS:


          1)Purpose. Federal and state actions in recent years to extend  
            foster care services to nonminors ages 18 to 21 recognized the  
            need to support youth as they transition from the juvenile  
            dependency and juvenile delinquency systems to adulthood.   
            Since the California Fostering Connections to Success Act was  
            passed in 2010, additional pieces of legislation have been  
            adopted to further realize the intent of that bill.  This bill  
            seeks to continue this effort with regards to a small  
            population of crossover youth who were adjudged a ward of the  
            court and subject to an order for foster care placement at the  
            time this adjudication took place, but who were held in secure  
            confinement on their 18th birthday.  This last condition -  
            that a youth was in secure confinement per the juvenile  
            delinquency system on their 18th birthday - can currently  
            render him or her ineligible to receive extended foster care  
            services and benefits, because he or she is typically no  
            longer subject to an order for a foster care placement on his  
            or her 18th birthday.  
            
            This bill seeks to include this segment of youth in those  
            eligible for extended foster care benefits.

          2)Background.  Current law provides opportunities for the court  
            to resume jurisdiction of a former nonminor dependent or ward  
            of the court for specified reasons.  In these cases, a youth  
            who was receiving foster care services when they turned 18 may  








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            opt to re-enter foster care so that he or she may remain in a  
            healthy and safe environment and draw down services to help  
            him or her transition into adulthood.  In addition, the law  
            specifically allows a former foster youth, whose adoptive  
            parent or guardian dies before the youth turns 21, to re-enter  
            as a nonminor dependent if he or she meets the specified  
            criteria.  Last year, this same opportunity was added for  
            nonminor dependents who have reached permanency through  
            permanent guardianship or adoption, but whose adoptive parent  
            or guardian then fail to provide ongoing support while the  
            youth is between the age of 18 and 21.  



            The number of youth that would be impacted by this bill is  
            assumed to be relatively small. However, data on the exact  
            number are not readily available due to the multiple factors  
            that need to be considered in identifying this population.   
            According to the Department of Social Services, there are  
            approximately 300 to 400 youth in secure confinement between  
            the ages of 18 and 20. However, of that number, only those  
            youth who were in secure confinement on their 18th birthday,  
            don't live in a dual-jurisdiction county with a protocol that  
            already makes them eligible for extended foster care, meet all  
            additional eligibility requirements, and choose to opt into  
            extended foster care, will be impacted by this bill.   
            Reasonable estimates suggest this number will be less than 100  
            youth.


          3)Proposition 30. Proposition 30 was passed by the voters in  
            November 2012, and among other provisions, eliminated any  
            potential mandate funding liability for any new program or  
            higher level of service mandated on the counties related to  
            realigned programs, including child welfare services and  
            foster care. Rather, legislation enacted after September 30,  
            2012, that has an overall effect of increasing the costs  
            already borne by a local agency for programs or levels of  
            service mandated by realignment only apply to local agencies  








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            to the extent that the state provides annual funding for the  
            cost increase. Local agencies are not obligated to provide  
            programs or levels of service required by legislation above  
            the level for which funding has been provided. 

          4)Related Current Legislation.  AB 885 (Lopez), 2015, would have  
            facilitated former foster youth re-entering extended foster  
            care upon disruption of their permanent relationships.  It was  
            held on this Committee's Suspense File.



          5)Prior Legislation.
             a)   AB 2454 (Quirk-Silva), Chapter 769, Statutes of 2014,  
               authorized former nonminor dependents under the age of 21,  
               as specified, to petition the court to re-enter foster care  
               if their guardian or adoptive parent is no longer providing  
               them with support.


             b)   AB 787 (Stone), Chapter 487, Statutes of 2013, made  
               technical and clarifying changes to the California  
               Fostering Connections to Success Act.


             c)   AB 1712 (Beall), Chapter 846, Statutes of 2012, made  
               technical and clarifying changes to the California  
               Fostering Connections to Success Act.


             d)   AB 212 (Beall), Chapter 459, Statues of 2011, made  
               technical and clarifying changes to the California  
               Fostering Connections to Success Act.


             e)   AB 12 (Beall), Chapter 559, Statutes of 2010, the  
               "California Fostering Connections to Success Act,"  
               conformed state law to federal requirements to revise and  
               expand programs and funding for certain foster and adopted  








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               children.


          


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