Bill Text: CA AB369 | 2023-2024 | Regular Session | Amended
Bill Title: Foster care: independent living.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2023-09-01 - In committee: Held under submission. [AB369 Detail]
Download: California-2023-AB369-Amended.html
|
Amended
IN
Assembly
May 18, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 369
| Introduced by Assembly Member Zbur |
February 01, 2023 |
An act to amend Sections 10609.3 and 11155.5 of the Welfare and Institutions Code, relating to foster care.
LEGISLATIVE COUNSEL'S DIGEST
AB 369, as amended, Zbur.
Foster care: independent living.
Existing law establishes the Independent Living Program (ILP), which has among its purposes providing training in daily living skills, budgeting, locating and maintaining housing, and career planning for foster youth up to 21 years of age. Existing federal law authorizes a state, under certain circumstances, to expand eligibility for the ILP to former foster youth who have not attained 23 years of age. Existing law requires the State Department of Social Services, with the approval of the federal government, to amend the foster care state plan to permit all eligible children to be served by the ILP up to 21 years of age.
This bill would require, by June 30, 2025, the department to complete,
develop a plan, in consultation with, among others, county ILP administrators, a comprehensive evaluation of the existing ILPs with the intent of updating and upgrading
various aspects of the program. The bill would require the consultation to result in an update and expansion of the standards and requirements for the ILPs to increase consistency in ILPs across counties. The bill would require, by June 30, 2026, county ILPs to update and expand the standards and requirements for the ILP to increase consistency in ILPs across counties, while retaining some flexibility in services and supports, as specified. to, among other things, update and upgrade curriculum to facilitate successful transitions to adulthood. This bill would expand the age for all eligible children to be served by the ILP up to 23 years of age. By creating new duties for counties, the bill would impose a state-mandated local program.
age, in those counties that opt to provide those extended services.
Existing law authorizes a child who is declared a ward or dependent child of the court who is 16 years of age or older, or a nonminor dependent, as defined, who is participating in a transitional independent living case plan to retain resources with a combined value of $10,000, consistent with federal law, and still remain eligible to receive public social services. Existing law requires the written approval of a child’s probation officer or social worker for withdrawal of the child’s savings, as specified.
Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care.
This bill would remove that monetary value limit and instead allow
those nonminor dependents to retain resources consistent with federal law. The bill would prohibit those resources from being evaluated after the initial determination for the same foster care episode to determine continued eligibility for a foster care maintenance payment. The bill would also authorize a nonminor dependent who reenters foster care, as specified, and is ineligible for federal financial participation due to cash savings in an amount that is greater than allowed, to receive aid in the form of state AFDC-FC if certain requirements are met. Because counties would administer these extended benefits, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no
reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
(a) The Legislature finds and declares both of the following:(1) The Independent Living Program (ILP), as authorized through the federal Foster Care Independence Act of 1999 (Public Law 106-169), subsequently renamed the John H. Chafee Foster Care Independence Program, as originally authorized, provided foster youth, from 16 years of age up to 21 years of age, with critical skill-building services and supports designed to aid in the transition to adulthood. ILP services are intended to provide a broad range of services and supports to help eligible transition-aged foster youth, including building daily living skills,
training in skill building, including financial management, educational support, employment assistance, mentoring, and preventative health activities, and up to 30 percent of federal funds may be used to support housing needs such as room and board to eligible youth.
(2) Legislation, including the California Fostering Connections to Success Act (Chapter 559 of the Statutes of 2010), which exercised the option under the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351) to extend eligibility for foster care benefits to youth and young adults up to 21 years of age, and the federal Family First Prevention Services Act of 2018 (Public Law 115-123), provides states that have extended foster care benefits, as California has done, with the option of extending the Chafee Foster Care Independence
Program to former foster youth up to 23 years of age. Several other states have availed themselves of this option, while California has not.
(b) It is the intent of the Legislature to ensure that services and supports that assist transition age youth in attaining their education and employment goals are trauma informed, relevant, and timely to facilitate their transition to successful adulthood from foster care.
SEC. 2.
Section 10609.3 of the Welfare and Institutions Code is amended to read:10609.3.
(a) (1) By January 1, 1995, the State Department of Social Services shall complete, in consultation with county Independent Living Program administrators, placement agencies, providers, advocacy groups, and community groups, a comprehensive evaluation of the Independent Living Program established pursuant to the federal Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law 99-272) and develop recommendations available to the public on how independent living services could better prepare foster youth for independence and adulthood.(2) By June 30, 2025, the State Department of Social Services shall complete,
develop a plan, in consultation with county Independent Living Program administrators, placement agencies, providers, advocacy groups, tribal representatives, and community groups, a comprehensive evaluation of the existing Independent Living Programs with the intent of updating and upgrading curriculum, and requiring services and supports to be trauma-informed, relevant, and timely to facilitate greater self-sufficiency and transition to independence. The consultation shall result in an update and expansion of the standards and requirements for the Independent Living Programs to increase consistency in Independent Living Programs across counties.
including young people with experience in foster care, to update and upgrade curriculum to facilitate successful transitions to adulthood, increase consistency across counties, and ensure the curriculum is trauma informed and culturally relevant for all eligible young people while retaining some flexibility in services and supports delivered by local Independent Living Programs based on the needs of current and former foster youth and nonminor dependents served by Independent Living Programs.
(3)By June 30, 2026, county Independent Living Programs (ILP) shall update and expand the standards and requirements for the ILP to increase consistency in Independent Living Programs across counties, while retaining some flexibility in services and supports delivered by local Independent Living Programs based on the needs of current and former foster youth and nonminor dependents served by Independent Living Programs.
(b) The department shall investigate alternative transition housing models for youth between the ages of 17 and 18 who are in out-of-home placements under the supervision of the county department of social services or county probation department. To the extent federal funds are available and it is in the best interests of the children, the department shall develop and implement a transitional housing model for youth who are preparing for emancipation from foster care.
(c) The department shall also investigate alternative
transition models for youth discharged from foster care to live on their own. As part of this investigation, the department shall consider the needs of youth for housing, transportation, health care, access to community resources, employment, and other support services.
(d) The department shall, with the approval of the federal government, amend the foster care state plan, provided for pursuant to Subtitle IV-E (commencing with Section 470) of the federal Social Security Act (42 U.S.C. Sec. 670, et seq.), and the child welfare services state plan (42 U.S.C. Sec. 622), to permit all eligible children be served by the Independent Living Program up to 23 years of age. age, in counties that opt to
provide Independent Living Program services to eligible children up to 23 years of age.
(e) (1) Counties shall maintain a stipend to supplement and not supplant the Independent Living Program. The stipend may provide for, but not be limited to, assisting youth who have exited the foster care system at or after 18 years of age with the following independent living needs:
(A) Bus passes.
(B) Housing rental deposits and fees.
(C) Housing utility deposits and fees.
(D) Work-related equipment and supplies.
(E) Training-related equipment and supplies.
(F) Education-related equipment and supplies.
(2) Notwithstanding Section 10101, the state shall pay 100 percent of the nonfederal costs associated with the stipend program in paragraph (1), subject to the availability of funding provided in the annual Budget Act.
(3) Notwithstanding paragraph (2), beginning in the 2011–12 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
SEC. 3.
Section 11155.5 of the Welfare and Institutions Code is amended to read:11155.5.
(a) In addition to the personal property permitted by other provisions of this part, a child declared a ward or dependent child of the juvenile court, who is 16 years of age or older, or, a nonminor dependent, as defined in subdivision (v) of Section 11400, who is participating in a transitional independent living case plan pursuant to the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351), may retain resources consistent with Section 472(a) of the federal Social Security Act (42 U.S.C. Sec. 672(a)) as contained in the federal Foster Care Independence Act of 1999 (Public Law 106-169) and the child’s transitional independent living case plan. Any cash savings shall be the child’s own money and shall be deposited by the child or on behalf of the child in any bank or savings and loan institution whose deposits are insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation. The cash savings shall be for the child’s use for purposes directly related to the child’s or nonminor(b) The withdrawal of the savings by a child shall require the written approval of the child’s probation officer or social worker and shall be directly related to the goal
of emancipation. This written approval is not required for withdrawals by a nonminor dependent.
(c) Consistent with federal law, resources shall not be evaluated after the initial determination for the same foster care episode to determine continued eligibility for a foster care maintenance payment.
(d) A nonminor dependent who reenters foster care pursuant to subdivision (e) of Section 388 and is ineligible for federal financial participation due to cash savings in excess of the amounts referenced in subdivision (a) is eligible to receive aid in the form of state Aid to Families with Dependent Children-Foster Care (AFDC-FC) if all other criteria pursuant to Section 11401 are met.
