Bill Text: CA AB5 | 2015-2016 | Regular Session | Amended
Bill Title: Foster youth: transition from high school to postsecondary education.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB5 Detail]
Download: California-2015-AB5-Amended.html
BILL NUMBER: AB 5 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Nazarian
DECEMBER 1, 2014
An act to add Article 8.5 (commencing with Section 1567.9) to
Chapter 3 of Division 2 of the Health and Safety Code,
relating to foster youth.
LEGISLATIVE COUNSEL'S DIGEST
AB 5, as amended, Nazarian. Foster youth: transition from high
school to postsecondary education.
Existing law provides for the formal out-of-home placement of
young persons into alternative residential settings, which is known
as foster care. Existing law establishes a system of elementary and
secondary education in this state, including public and private
elementary and high schools, as well as a system of postsecondary
education in this state, including the University of California, the
California State University, the California Community Colleges, and
independent institutions of higher education.
This bill would express the intent of the Legislature to enact
legislation that would facilitate the transition of foster youth from
high school to postsecondary education.
Existing law, the California Community Care Facilities Act,
provides for the licensing and regulation of community care
facilities, as defined, by the State Department of Social Services. A
violation of this act and regulations adopted under the act is a
misdemeanor.
This bill would require the department to establish a process to
authorize educationally based residential programs. This bill would
require that the programs support and strive to achieve home-based
family care and permanency. The bill would specify that the
educationally based residential programs serve certain foster
children, as specified. This bill would also require the department
to collect and report to the Legislature information about the
benefits of the programs, as specified. This bill would require the
department to adopt regulations to implement these provisions,
thereby changing the definition of an existing crime and creating 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.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares the
following:
(a) Only 50 percent of foster youth graduate from high school.
(b) Only 3 percent of former foster youth graduate from a
four-year college, even though more than 70 percent express a desire
to earn a college degree.
(c) In the County of Los Angeles, 24 percent of former foster
youth will experience homelessness within two years of leaving the
foster care system.
(d) Approximately 60 percent of young women in foster care will
become pregnant by 20 years of age.
(e) Within two years of leaving the foster care system, 64 percent
of young men and 30 percent of young women are incarcerated.
(f) With approximately 5,200 youth aging out of the foster care
system every year in California, the cost to state and local
governments of homelessness, incarceration, and indigence of former
foster youth is $165 million per year.
(g) Organizations are prepared to offer innovative programs to
foster youth in each of the four years of their high school education
to provide the necessary social, emotional, and academic preparation
necessary to gain acceptance and flourish in college and
successfully transition into adulthood.
SEC. 2. It is the intent of the Legislature to
facilitate the transition of foster youth from high school to
postsecondary education by creating residential programs that are
educationally based and also strive to achieve home-based family care
and permanen cy.
SEC. 3. Article 8.5 (commencing with Section
1567.9) is added to Chapter 3 of Division 2 of the Health
and Safety Code , to read:
Article 8.5. Educationally Based Residential Programs
1567.9. (a) The State Department of Social Services shall
establish a process to authorize educationally based residential
programs.
(b) The educationally based residential programs shall support and
strive to achieve home-based family care and permanency.
(c) The educationally based residential programs shall serve
children in foster care who meet all of the following requirements:
(1) Currently attending high school.
(2) Have attained 14 years of age, but not older than 18 years of
age.
(3) Have been determined by the county to have a very low
possibility of reunifying with their parents or guardians or
achieving a permanent placement.
(d) On or before January 1, 2017, the department shall adopt
regulations to implement this section.
(e) (1) By January 1, 2020, the department shall collect and
report to the Legislature information about the benefits of these
programs, including the rates of high school graduation, college
admission, and college graduation, and any increased rates of family
reunification or adoption.
(2) The requirement for submitting a report imposed under this
subdivision is inoperative on January 1, 2024, pursuant to Section
10231.5 of the Government Code.
(3) A report to be submitted pursuant to this subdivision shall be
submitted in compliance with Section 9795 of the Government Code.
SEC. 4. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. It is the intent of the Legislature
to enact legislation that would facilitate the transition of foster
youth from high school to postsecondary education.
