Bill Text: CA AB1615 | 2021-2022 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Foster youth: housing.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2022-07-13 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB1615 Detail]
Download: California-2021-AB1615-Introduced.html
CHAPTER
11.8. Housing Navigation
between 18 years of age and 21
who are 18 to 24 years of age, inclusive, secure and maintain housing. A county that receives an allocation pursuant to this subdivision shall give priority to young adults
currently or formerly
in the foster care system. eligible the following families and individuals:
Bill Title: Foster youth: housing.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2022-07-13 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB1615 Detail]
Download: California-2021-AB1615-Introduced.html
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 1615
| Introduced by Assembly Member Ting |
January 05, 2022 |
An act to amend Sections 50807 and 50811 of, and to amend the heading of Chapter 11.8 (commencing with Section 50811) of Part 2 of Division 31 of, the Health and Safety Code, and to amend Sections 11403.2, 16523, and 16523.1 of the Welfare and Institutions Code, relating to foster care.
LEGISLATIVE COUNSEL'S DIGEST
AB 1615, as introduced, Ting.
Foster youth: housing.
Existing law, subject to an annual appropriation in the annual Budget Act, requires the Department of Housing and Community Development to provide, under the Transitional Housing Program, funding to counties for allocation to child welfare services agencies to help young adults who are 18 to 24 years of age, inclusive, secure and maintain housing, with priority given to young adults formerly in the state’s foster care or probation systems. Existing law, subject to an appropriation in the annual Budget Act, also requires the department to allocate funding to counties to provide housing navigators to help young adults who are 18 to 21 years of age, inclusive, secure and maintain housing, with priority given to young adults in the foster care system. Existing law requires a child welfare agency that accepts any distribution of money pursuant to either program to report specified information
to the department on an annual basis.
This bill would rename to housing navigator program as the Housing Navigation and Maintenance Program, and would extend eligibility and priority for the program to help young adults who are 18 to 24 years of age, inclusive, with priority given to young adults formerly or currently in the foster care system. The bill would, for a child welfare agency that accepts any distribution of money for both the Transitional Housing Program and the Housing Navigation and Maintenance Program, require the department shall accept one county board resolution and one allocation acceptance form, and execute one standard agreement, for both programs.
Existing law makes transitional housing available to any former foster youth who is at least 18 years of age and not more than 24 years of age who has exited from the foster care system on or after their 18th birthday and has elected to participate in the
Transitional Housing Program-Plus, as defined, if they have not received services pursuant to these provisions for more than a total of 24 months. Existing law authorizes a county to extend those services to former foster youth who are not more than 25 years of age and for a total of 36 months if the former foster youth meets specified criteria.
This bill would extend the age of eligibility for transitional housing in all counties to any former foster youth who is at least 18 years of age and not more than 25 years of age, and would extend the maximum time they may receive services pursuant to these provisions to 36 months. The bill would, subject to an appropriation in the annual Budget Act for this purpose, require the department to allocate and distribute funds to counties for this extension, and would require a county that elects to receive this funding to increase, by a minimum of 25%, the bed capacity for, or the number of participants served under, the
Transitional Housing Program-Plus, as specified. To the extent that this bill would expand county duties with regard to the administration of the Transitional Housing Program-Plus program, it would impose a state-mandated local program.
Existing law establishes the Bringing Families Home Program, and, to the extent funds are appropriated in the annual Budget Act, requires the State Department of Social Services to award program funds to counties and tribal governments for the purpose of providing housing-related supports to eligible families meeting specified conditions, including that the family is homeless, as defined, if that homelessness prevents reunification between an eligible family and a child receiving child welfare services, or when lack of housing prevents a parent or guardian from addressing issues that could lead to foster care placement.
This bill would expand the program to also provide housing-related
supports to eligible youth who are at least 18 years of age and not more than 25 years of age, whose dependency, delinquency, or transition jurisdiction was terminated by the juvenile court on or after their 16th birthday, who is not currently under the jurisdiction of the juvenile court, and who are homeless or at risk of homelessness.
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.
Section 50807 of the Health and Safety Code is amended to read:50807.
(a) Subject to an appropriation in the annual Budget Act, the Department of Housing and Community Development shall allocate funding to county child welfare agencies to help young adults who are 18 to 24 years of age, inclusive, secure and maintain housing, with priority given to young adults formerly in the state’s foster care or probation systems.(b) The department shall consult with the State Department of Social Services, the Department of Finance, and the County Welfare Directors Association of California to develop an allocation schedule for purposes of distributing funds allocated to counties pursuant to subdivision (a).
(c) If a child welfare agency accepts any distribution of money, it shall report the following data to the Department of Housing and Community Development on an annual basis:
(1) The number of homeless youth served.
(2) The number of former foster youth served.
(3) The number of homeless youth who exited homelessness into temporary housing.
(4) The number of homeless youth who exited homelessness into permanent housing.
(d) For a child welfare agency that accepts any distribution of money for the Transitional Housing Program pursuant to this
chapter and the Housing Navigation and Maintenance Program pursuant to Chapter 11.8 (commencing with Section 50811), the department shall accept one county board resolution and one allocation acceptance form, and execute one standard agreement, for both programs.
SEC. 2.
The heading of Chapter 11.8 (commencing with Section 50811) of Part 2 of Division 31 of the Health and Safety Code is amended to read:
CHAPTER
11.8. Housing Navigation for Young Adults and Maintenance Program
SEC. 3.
Section 50811 of the Health and Safety Code is amended to read:50811.
(a) Subject to an appropriation in the annual Budget Act to the Department of Housing and Community Development to continue the housing navigator program established as a result of the allocation in Provision (3) of Item 2240-103-0001 of the Budget Act of 2019, which is hereby renamed the Housing Navigation and Maintenance Program, the department shall allocate funding to county child welfare agencies to provide housing navigators to help young adults(b) The department shall consult with the State Department of Social Services, the Department of Finance, and the County Welfare Directors Association of California to develop an allocation schedule for purposes of distributing funds allocated to counties pursuant to subdivision (a).
(c) The housing navigator navigation and maintenance program for a county that accepts an allocation of money pursuant to this section shall provide training to its child welfare agency social workers and probation officers who serve nonminor dependents. The training shall address an overview of the housing resources available through the local coordinated entry system,
homeless continuum of care, and county public agencies, including, but not limited to, housing navigation, permanent affordable housing, THP-Plus, and housing choice vouchers. The training shall also address how to access and receive a referral to existing housing resources, the social worker’s and probation officer’s role in identifying unstable housing situations for youth, and referring youth to housing assistance programs.
(d) If a child welfare agency accepts any distribution of money, it shall report the following data to the Department of Housing and Community Development on an annual basis:
(1) The number of homeless youth served.
(2) The number of foster children
youth served.
(3) The number of former foster youth served.
(3)
(4) The number of homeless youth who exited homelessness into temporary housing.
(4)
(5) The number of homeless youth who exited homelessness into permanent housing.
(e) For a child welfare agency that accepts any distribution of money for the Housing Navigation and Maintenance Program pursuant to this chapter and the Transitional Housing Program pursuant to Chapter 11.7 (commencing with Section 50807), the department shall accept one county board resolution and one allocation acceptance form, and execute one standard agreement, for both programs.
SEC. 4.
Section 11403.2 of the Welfare and Institutions Code is amended to read:11403.2.
(a) The following persons are eligible for transitional housing provided pursuant to Article 4 (commencing with Section 16522) of Chapter 5 of Part 4:(1) A foster child at least 16 years of age and not more than 18 years of age, and, on or after January 1, 2012, any nonminor dependent, as defined in subdivision (v) of Section 11400, who is eligible for AFDC-FC benefits as described in Section 11401. A foster child under 18 years of age shall be eligible for placement in the program certified as a “Transitional Housing Placement program for minor foster children” pursuant to paragraph (1) of subdivision (a) of Section 16522.1. A nonminor dependent shall be eligible for placement in the program certified as a “Transitional Housing Placement program for nonminor
dependents” pursuant to paragraph (2) of subdivision (a) of Section 16522.1.
(2) (A)A former foster youth at least 18 years of age and, except as provided in subparagraph (B), and not more than 24 25 years of age who has exited from the foster care system on or after their 18th birthday and elects to participate in Transitional Housing Program-Plus, as defined in subdivision (s) of Section
11400, if the former foster youth has not received services under this paragraph for more than a total of 24 36 months, whether or not consecutive. If the person participating in a Transitional Housing Program-Plus is not receiving aid under Section 11403.1, they, as a condition of participation, shall enter into, and execute the provisions of, a transitional independent living plan that shall be mutually agreed upon, and annually reviewed, by the former foster youth and the applicable county welfare or probation department or independent living program coordinator. The person participating under this paragraph shall inform the county of any changes to conditions specified in the agreed-upon plan that affect eligibility, including changes in address, living circumstances, and the educational or training program.
(B)A county may, at its option, extend the services provided under subparagraph (A) to former foster youth not more than 25 years of age, and for a total of 36 months, whether or not consecutive, if the former foster
youth, in addition to the requirements specified in subparagraph (A), meets either of the following criteria:
(i)The former foster youth is completing secondary education or a program leading to an equivalent credential.
(ii)The former foster youth is enrolled in an institution that provides postsecondary education.
(C)A county may, at its option, extend the services provided under subparagraph (A) to former foster youth participating in the Transitional Housing Program-Plus as of July 1 2020, without regard to their age or length of time they have received services, until June 30, 2021.
(b) Payment on behalf of an eligible person receiving transitional housing services pursuant to paragraph (1) of subdivision (a) shall be made to the transitional housing placement provider pursuant to the conditions and limitations set forth in Section 11403.3. Notwithstanding Section 11403.3, the department, in consultation with concerned stakeholders, including, but not limited to, representatives of the Legislature, the County Welfare Directors Association of California, the Chief Probation Officers of California, the Judicial Council, representatives of Indian tribes, the California Youth Connection, former foster youth, child advocacy organizations, labor organizations, juvenile justice advocacy organizations, foster caregiver organizations, researchers, and transitional housing placement providers, shall convene a workgroup to establish a new rate structure for the Title IV-E funded Transitional Housing Placement program for nonminor
dependents placement option for nonminor dependents. The workgroup shall also consider application of this new rate structure to the Transitional Housing Program-Plus, as described in paragraph (2) of subdivision (a) of Section 11403.3. In developing the new rate structure pursuant to this subdivision, the department shall consider the average rates in effect and being paid by counties to current transitional housing placement providers.
(c) The Legislature finds and declares that this subdivision was added in 2015 to clearly codify the requirement of existing law regarding the payment made on behalf of an eligible person receiving transitional housing services. The workgroup described in subdivision (b) recommended, and the department subsequently implemented, an annual adjustment to the payment made on behalf of an eligible person receiving transitional housing services. This annual adjustment has been, and shall continue to be, equal to the
California Necessities Index applicable to each fiscal year. The Legislature hereby declares that its intent remains in making this annual adjustment to support the care and supervision, including needed services and supports, for nonminor dependents who are receiving transitional housing services through the Transitional Housing Placement program for nonminor dependents.
(d) Subject to an appropriation in the annual Budget Act for this purpose, the department shall allocate and distribute funds to counties for the expansion in eligibility required by the bill that added this subdivision. A county that elects to receive this funding shall increase, by a minimum of 25 percent, the bed capacity for Transitional Housing Program-Plus that the county contracted for as of July 1, 2022, or, for counties that operate Transitional Housing Program-Plus directly, the number
of Transitional Housing Program-Plus participants served as of July 1, 2022.
SEC. 5.
Section 16523 of the Welfare and Institutions Code is amended to read:16523.
For purposes of this article, the following definitions shall apply:(a) “Child welfare services” has the same meaning as defined in Section 16501.
(b) “Department” means the State Department of Social Services.
(c) “Eligible family” means any individual or family that, at a minimum, meets all of the following conditions:
(1) Receives child welfare services at the time eligibility is determined.
(2) Is homeless, is at risk of homelessness, or is in a living situation that cannot accommodate the child or multiple children in the
home, which may include, but is not limited to, individuals who have not yet received an eviction notice.
(3) Voluntarily agrees to participate in the program.
(4) Either of the following:
(A) Has been determined appropriate for reunification of a child to a biological parent or guardian by the county human services agency or tribe handling the case, the court with jurisdiction over the child, or both.
(B) A child or children in the family is or are at risk of foster care placement, and the county human services agency or tribe determines that safe and stable housing for the family will prevent the need for the child’s or children’s removal from the parent or guardian.
(d) (1) “Eligible youth” means any individual that, at a minimum, meets both of the following conditions:
(A) Is at least 18 years of age and not more than 25 years of age, and whose dependency, delinquency, or transition jurisdiction was terminated by the juvenile court on or after their 16th birthday, and who is not currently under the jurisdiction of the juvenile court.
(B) Is homeless or at risk of homelessness.
(2) “Eligible youth” includes youth without dependent children and youth who are pregnant and parenting.
(3) Youth eligibility is not contingent upon the program requirements for eligible families described in paragraphs (1) and (4) of subdivision (c).
(d)
(e) “Homeless” means any of the following:
(1) An individual or family who lacks a fixed, regular, and adequate nighttime residence.
(2) An individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including, but not limited to, a car, park, abandoned building, bus station, train station, airport, or camping ground.
(3) An individual or family living in a supervised publicly or privately operated shelter designated to provide temporary living arrangements, including hotels or motels paid for by federal, state, or local government
programs for low-income individuals or by charitable organizations, congregate shelters, or transitional housing.
(4) An individual who resided in a shelter or place not meant for human habitation and who is exiting an institution where the individual temporarily resided.
(5) An individual or family who will imminently lose their housing, including, but not limited to, housing they own, rent, or live in without paying rent, are sharing with others, or rooms in hotels or motels not paid for by federal, state, or local government programs for low-income individuals or by charitable organizations, if any of the following criteria are met:
(A) The primary nighttime residence will be lost within 14 days, as evidenced by any of the following:
(i) A court
order resulting from an eviction action that notifies the individual or family that they must leave within 14 days.
(ii) The individual or family having a primary nighttime residence that is a room in a hotel or motel and where they lack the resources necessary to reside there for more than 14 days.
(iii) Credible evidence indicating that the owner or renter of the housing will not allow the individual or family to stay for more than 14 days, and any oral statement from an individual or family seeking homeless assistance that is found to be credible shall be considered credible evidence for purposes of this clause.
(B) The individual or family has no subsequent residence identified.
(C) The individual or family lacks the resources or support networks
needed to obtain other permanent housing.
(6) Unaccompanied youth and homeless families with children and youth defined as homeless under any other federal statute, as of the effective date of this program, who meet all of the following:
(A) Have experienced a long-term period without living independently in permanent housing.
(B) Have experienced persistent instability as measured by frequent moves over that long-term period.
(C) Can be expected to continue in that status for an extended period of time because of chronic disabilities, chronic physical health or mental health conditions, substance addiction, histories of domestic violence or childhood abuse, the presence of a child or youth with a disability, or multiple barriers to employment.
(e)
(f) “Homelessness” means the status of being homeless, as defined in subdivision (d). (e).
(f)
(g) “Permanent housing” means a place to live without a limit on the length of stay in the housing that exceeds the duration of funding for the program, subject to landlord-tenant laws pursuant to Chapter 2 (commencing with
Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code.
(g)
(h) “Program” means the Bringing Families Home Program established pursuant to this article.
(h)
(i) “Supportive housing” has the same meaning as defined in paragraph (2) of subdivision (b) of Section 50675.14 of the Health and Safety Code, except that the program is not
restricted to serving only projects with five or more units.
SEC. 6.
Section 16523.1 of the Welfare and Institutions Code is amended to read:16523.1.
(a) To the extent funds are appropriated in the annual Budget Act, the department shall award program funds to counties and tribal governments for the purpose of providing housing-related supports to (1) Eligible families experiencing homelessness if that homelessness prevents reunification between an eligible family and a child receiving child
welfare services, or where lack of housing prevents a parent or guardian from addressing issues that could lead to foster care placement.
(2) Eligible youth, as defined in Section 16523. The expansion of the program to include eligible youth is optional for counties and tribes.
(b) Notwithstanding subdivision (a), this section does not create an entitlement to housing-related assistance, which is intended to be provided at the discretion of the county or tribe as a service to eligible families. families and eligible youth.
(c) (1) It is the intent of the Legislature that housing-related assistance provided pursuant to this article utilize evidence-based models, including evidence-based practices in rapid rehousing and supportive housing.
(2) Housing-related supports available to participating families program participants shall include, but not be limited to, the following:
(A) An assessment of each family’s program participant’s
housing and service needs, including a plan to assist them in meeting those needs, using an assessment tool developed in the local community or an assessment tool used in other jurisdictions.
(B) Housing navigation or search assistance to recruit landlords, and assist families program participants in locating housing affordable to the family. them.
(C) The use of evidence-based models, such as motivational interviewing and trauma-informed care, to build relationships with a parent or
guardian.
(D) Housing-related financial assistance, including rental assistance, security deposit assistance, utility payments, moving cost assistance, and interim housing assistance while housing navigators are actively seeking permanent housing options for the family. program participants.
(E) (i) Housing stabilization services, including ongoing tenant engagement, case management, public systems assistance, legal services, credit repair assistance, life skills training, and conflict mediation with landlords and neighbors.
(ii) Services provided pursuant to clause (i) shall be provided with input from the family,
program participants, based on the needs of the family, program participants, and in coordination with other services being provided by child welfare services or tribes, family resource centers, family courts, and other services.
(F) If the family requires
program participants require supportive housing, long-term housing through tenant or project-based rental assistance or operating subsidies and services promoting housing stability, subject to available funding pursuant to subdivision (a).
(d) The department shall award program funds to county child welfare agencies and tribes according to criteria developed by the department, in consultation with the County Welfare Directors Association of California, the Corporation for Supportive Housing, and Housing California, subject to all of the following requirements:
(1) (A) Except as otherwise provided in subparagraph (B), a county or tribe that receives state funds under this program shall match that funding on a dollar-by-dollar basis. The county or tribal funds used for this purpose shall supplement, not supplant, county or
tribal funding already intended for these purposes.
(B) Between July 1, 2021, and June 30, 2024, a county or tribe that receives state funds under this article shall not be required to match any funding provided during that period.
(2) A county or tribe that receives state funds under this program shall partner with a local homeless continuum of care that participates in a homeless services coordinated entry and assessment system, as required by the United States Department of Housing and Urban Development.
(3) A county or tribe that receives state funds under the program shall utilize a cross-agency liaison to coordinate activities under the program with the homeless continuum of care and the county child welfare or tribal agency, including housing-related and child welfare services for families.
program participants.
(4) A county or tribe that elects to expand the program to include eligible youth shall not decrease the program’s expenditures on eligible families below the amount of expenditures used for eligible families in the 2021–22 fiscal year, unless approved by the department.
(e) The department, in consultation with Housing California, the Corporation for Supportive Housing, and the County Welfare Directors Association of California, shall develop all of the following:
(1) The criteria by which counties and tribal governments may be awarded funds to provide housing-related assistance to eligible families
and eligible youth pursuant to this article.
(2) The proportion of program funding to be expended on reasonable and appropriate administrative activities to minimize overhead and maximize services.
(3) Eligible sources of funds for a county’s or tribe’s matching contribution.
(4) Tracking and reporting procedures for the program.
(5) A process for evaluating program data.
