Bill Text: CA AB1229 | 2019-2020 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: End Foster Youth Student Hunger in California Act of 2019.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2019-08-30 - In committee: Held under submission. [AB1229 Detail]

Download: California-2019-AB1229-Amended.html

Amended  IN  Assembly  May 16, 2019
Amended  IN  Assembly  April 03, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1229


Introduced by Assembly Member Wicks
(Coauthor: Assembly Member Gipson)

February 21, 2019


An act to add Section 69519.5 to and repeal Section 69519.1 of the Education Code, and to add Chapter 16 (commencing with Section 18997) to Part 6 of Division 9 of the Welfare and Institutions Code, relating to student hunger.


LEGISLATIVE COUNSEL'S DIGEST


AB 1229, as amended, Wicks. End Foster Youth Student Hunger in California Act of 2019.
Existing federal law provides for the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which nutrition assistance benefits are distributed to eligible individuals by the counties. Existing law establishes eligibility and benefit level requirements for receipt of CalFresh benefits.
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. The program is funded by a combination of federal, state, and county funds. In order to be eligible for AFDC-FC, existing law requires a child or nonminor dependent to be placed in one of several specified placements, including, for nonminor dependents, a supervised independent living setting. Existing law authorizes a nonminor dependent to receive all of the AFDC-FC payment directly if the nonminor dependent is living in a supervised independent living placement and complies with certain requirements.
Existing law establishes the Student Aid Commission as the primary state agency for the administration of state-authorized student financial aid programs available to students attending all segments of postsecondary education. Existing law requires the commission to work cooperatively with the State Department of Social Services to develop an automated system to verify a student’s status as a foster youth to aid in the processing of applications for federal financial aid. Under existing law, the commission, through an interagency agreement with the State Department of Social Services, operates the Chafee Educational and Training Vouchers Program, to provide federal grants to current and former foster youth with access to postsecondary education.
This bill would enact the End Foster Youth Student Hunger in California Act of 2019. The act would establish the require the Student Aid Commission to report to the Legislature, no later than March 1, 2020, the amount of funding and the authority ill act would require the State Department of Social Services to establish an official approval process to ensure that hours worked by a foster youth student outside of approved federal or state work study are counted for purposes of meeting requirements related to the CalFresh student rule, as specified. The bill act would define “foster youth student” for these purposes. The bill act would require the department to issue guidance to county human services departments to require certain practices identified by the department to increase rates of completed CalFresh applications and CalFresh participation rates of exiting foster youth. These provisions would be implemented to the extent not prohibited by federal law. By imposing these duties on counties with respect to foster youth participation in CalFresh, the bill would create 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 This act shall be known, and may be cited as, cited, as the End Foster Youth Student Hunger in California Act of 2019.

SEC. 2.

 The Legislature finds and declares the following:
(a) The State of California has the largest population of foster youth in the nation, with more than 50,000 children in California’s child welfare system. About 12 percent of foster youth in California age out of the system each year, for a total of approximately 4,500 young people.
(b) Approximately 50 percent of those formerly in the foster care system complete high school or the equivalent. While more than 93 percent of foster youth aspire to get a college degree, only 3 to 4 percent will earn a Bachelor’s degree, and fewer than 1 percent will receive a master’s or a doctorate degree. A significant factor leading to low college education attainment within this community is the lack of financial stability and other supports that many more traditional students receive for basic needs such as housing, books, childcare, and food.
(c) General issues of food insecurity and hunger on California’s college campuses exists, with half of all community college students reporting housing and hunger issues, one in five California State University students experiencing hunger and 1 in 10 experiencing homelessness and one in five University of California students not having access to adequate food or nutrition.
(d) Federal efforts to remove barriers to receiving federal food assistance for foster youth and former foster youth who are attending college have failed, and without the changes made by this act, providing CalFresh to some former foster youth would cost more administratively than the youth would receive in benefits.
(e) It is reprehensible that foster youth and former foster youth attending college suffer with food insecurity and hunger, and so the Legislature is committed to policy change that prevents that from happening.

SEC. 3.

 Section 69519.1 is added to the Education Code, to read:

69519.1.
 (a) The Student Aid Commission shall report to the Legislature, no later than March 1, 2020, the amount of funding and the authority it would need to establish a Transition Age Foster Youth Meal Plan Program is hereby established, under the administration of the Student Aid Commission. Program. In developing this report, the commission shall assume all of the following:

(b)

(1) The purpose of the program is would be to prevent hunger and basic needs deprivation among low-income transition age foster youth when they are studying for a higher education degree at a public postsecondary educational institution.

(c)All transition

(2) Participants in the program would be transition age foster youth attending a public postsecondary educational institution with an enrollment status of half-time or full-time and eligible for a state-funded benefit or service established pursuant to Section 11403.1 of the Welfare and Institutions Code are would be eligible to apply for an award under this section. the program.

(d)

(3) A student eligible for the program shall would receive an award equal to the amount of the cost of a meal plan that would cover 10 meals per week and the cost of all campus fees.

(e)To determine the amount of the award, the commission shall calculate the cost of 10 meals per week for each full week of each term for each college or university using the highest per meal rate reported by the college or university. This amount shall be added to the cost of campus fees for each respective campus to equal the total award amount.

(f)The commission shall annually adjust the amount of the award to be issued by the program.

(g)The commission shall issue program awards within the week prior to the start of the college term.

(h)This section does not require a public postsecondary educational institution to provide a student meal plan to a student who does not have one.

(b) The commission shall work with one institution of higher education from each of the California Community Colleges, the California State University, and the University of California to identify a proposed amount, and method of issuance, of a benefit under a Transition Age Foster Youth Meal Plan Program. That proposal shall be included in the report described in subdivision (a).
(c) (1) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2024.

SEC. 4.

 Chapter 16 (commencing with Section 18997) is added to Part 6 of Division 9 of the Welfare and Institutions Code, to read:
CHAPTER  16. End Foster Youth Student Hunger in California Act of 2019

18997.
 (a) The State Department of Social Services shall provide a state-funded supplemental nutrition benefit for nonminor dependents described in subdivision (b). The amount of the benefit shall be equal to the maximum benefit amount allotted for a CalFresh household size of one, and shall be provided as a cash benefit that is paid directly to the nonminor dependent.
(b) The supplemental nutrition benefit shall be available to a nonminor dependent in a supervised independent living placement, as defined in subdivision (w) of Section 11400, who directly receives the AFDC-FC payment, as provided in subdivision (d) of Section 11403.

18997.1.
 (a) The State Department of Social Services shall establish an official approval process to ensure that paid or unpaid internship hours worked by a foster youth student outside of approved federal or state work study, such as working in a hospital, clinic, school, university, nonprofit community-based group, nongovernmental organization, business entity, or corporation, are counted by county human services departments for working foster youth for purposes of meeting requirements related to the CalFresh student rule described in Section 18901.11. The purpose of the approval process is to expand the type of work hours allowable to qualify a foster youth student for CalFresh benefits by including hours worked through an official paid or unpaid internship.
(b) For the purposes of this chapter “foster youth student” means an individual attending an institution of higher education who is a foster youth or a former foster youth.

18997.2.
 The State Department of Social Services shall issue guidance to county human services departments to require the following practices that have been identified by the department to increase rates of completed CalFresh applications and CalFresh participation rates of exiting foster youth:
(a) Include CalFresh participation outcomes as part of the contract with Independent Living Program (ILP) providers.
(b) Designate CalFresh eligibility workers who are subject matter experts on foster youth applications and funding, and who can expedite their CalFresh applications.
(c) Colocate ILP coordinators, probation officers, social workers, and eligibility workers so they are able to work together to assist the foster youth in applying for and receiving benefits.
(d) Allow a notice of action for a youth to be sent to the county child welfare services office until the youth obtains stable housing.
(e) Provide program guides with detailed instructions for social workers and probation officers to follow at specific intervals of the case planning and emancipation planning processes.
(f) Establish a self-initiated workfare program for former foster youth that will allow them to meet the able-bodied adult without dependents (ABAWD) time limit-related work requirement.

18997.3.
 This chapter shall be implemented to the extent not prohibited by federal law.

SEC. 5.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.