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F I S C A L I M P A C T R E P O R T

SPONSOR Komadina

ORIGINAL DATE

LAST UPDATED

02/02/08

HB

SHORT TITLE Foster Youth Transition Support

SB 128/SCORCS

ANALYST Hanika-Ortiz

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY08

FY09

$4,260.0

Recurring

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY08

FY09

FY10 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

CYFD

$1,350.0

Recurring General

Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Taxation and Revenue Department (TRD)

Children, Youth & Families Department (CYFD)

Aging & Long-Term Services Department (ALTSD)

Administrative Office of the Courts (AOC)

SUMMARY

Synopsis of Bill

The SCORC substitute for SB 128 appropriates $4.26 million from the General Fund to CYFD,

ALTSD and AOC to provide transitional support for foster youth in the state’s custody; amends

and enacts sections of the abuse and neglect act; and, amends the motor vehicle code to allow

foster youth to obtain drivers licenses.

SB 128/SCORC includes: the development of transition living plans and coordinators to address

housing, education, employment, health, and, mental health for foster youth aging out of the

State's custody; discharge hearings to address transition plans, transition coordinators,

Senate Bill 128/SCORCS – Page

2

guardianship issues, and other information critical in the youth's successful discharge from the

State's custody; the development of educational plans and the dissemination of information

regarding transition living services at permanency hearings; and, allowing foster youth to obtain

driver's licenses.

FISCAL IMPLICATIONS

The appropriation of $4.26 million contained in the substitute bill is recurring expense to the

General Fund. Any unexpended or unencumbered balance remaining at the end of FY09 shall

revert to the General Fund.

TRD has provided an Appropriations Impact – Detailed Illustration:

Appropriation ($thousands)*

FY2008

FY2009

FY 08-09

Fund(s) or Agency(ies) Affected

none

1,680 1,680 CYFD – contracts for transition services

none

750 750 CYFD – supportive housing

none

650 650

CYFD – recruitment, training and provision of

specialized foster homes for older youth to support

youth in transition

none

400 400 CYFD – 5 FTE transition coordinators

none

100 100 CYFD – discretionary fund allotment up to $1,000 per

eligible youth

none

50

50

CYFD – develop and implement youth-designed peer

mentor program

none

480 480 Aging and Long-Term Services Department – 6 FTE

transition coordinators

none

150 150 Administrative Office of the Courts – special advocate

program for recruitment and training of adult mentors

none

4,260 4,260

TOTAL APPROPRIATIONS

* Parentheses ( ) indicate an appropriation out of the fund.

The substitute bill is not part of the Executive budget recommendation for expenditure in FY09.

CYFD reports the substitute bill creates a “discharge hearing" for every child emancipating from

foster care and requires CYFD to assign a transition coordinator to every youth emancipating

from foster care. Approximately 100 – 120 youth emancipate from foster care each year. CYFD

caseworkers, youth services consultants, attorneys, courts, respondent attorneys and youth

attorneys would have to participate in 100 –120 additional hearings each year. A low estimate of

the CYFD staff time required to prepare and participate in these hearings would range between

$75,000 to $100,000 annually.

CYFD further reports that the substitute bill requests an appropriation of $400,000 and five FTE

as transition coordinators. CYFD would be required to assign a transition living coordinator to

every child emancipating from foster care. There are approximately 350 young adults between

the ages of 17 to 21 who have emancipated from foster care. Assuming a caseload of 15 clients

per transition coordinator, it is estimated that 25 transition coordinators would be needed.

Assuming an average salary of $50,000 including benefits, the cost for these full-time positions

is approximately $1,250,000.

Senate Bill 128/SCORCS – Page

3

SIGNIFICANT ISSUES

The court currently has no jurisdiction over youths over the age of 18 formerly in state custody.

The substitute bill creates a new discharge hearing to be held 90 days before a foster child

reaches eighteen years of age. The bill extends the children’s court’s jurisdiction after the child’s

emancipation until the court finds that CYFD has met requirements of providing a transition

living plan, transition living services and assigned a transition coordinator to every emancipating

child. The court is permitted to continue jurisdiction over the case until the court determines that

CYFD has met all the requirements, or the child waives implementation of a transition living

plan and elects to have the case dismissed.

The substitute bill requires the development of an educational “next-step plan" for every child in

custody who reaches the age of fourteen. The bill also requires CYFD to coordinate with staff

from the child’s school for a meeting that includes the child, the child’s attorney, the authorized

educational decision-maker, and school staff.

The substitute bill also provides for application for driver’s licenses for children in department

custody. This amendment to the Motor Vehicle Code includes language permitting the

Department to authorize staff and certain relatives to sign and verify an application for a foster

child to obtain a driver’s license or a precursor to such a license. The bill provides waiver of

liability for damages caused by the negligence or willful misconduct of a minor driver whose

application was signed by a protective services worker or juvenile probation officer.

PERFORMANCE IMPLICATIONS

The children’s court jurisdiction terminates upon the child reaching the age of majority. As a

result, the legislation will increase the court’s caseload. AOC reports that the legislation does not

provide any age bracket during which period the child could request special hearings of the

court. As a result, the court would be required to continue jurisdiction until it finds the criteria

have been met, unless the youth elects not to have court supervision, regardless of the person’s

age.

ADMINISTRATIVE IMPLICATIONS

TRD reports that The Motor Vehicle Division will have to revise its procedures and application

form to reflect the bill’s addition of grandparents, adult siblings, aunts and uncles, foster parents,

child protective services workers and probation officers as eligible individuals to sign the

driver’s license application of a minor who is in state custody. These procedures will have to

include the conditions under which a child protective services worker or probation officer may

sign the minor’s application.

The substitute bill creates a new Discharge Hearing to be held ninety days before the child

reaches eighteen years of age or at the last judicial review or permanency hearing prior to the

child’s eighteenth birthday. The addition of this hearing will have resource and administrative

implications for CYFD, the courts, and the court-appointed attorney fee fund. The impact of the

additional hearing would be ameliorated if held in conjunction with the hearing already required

by the children’s code.

Senate Bill 128/SCORCS – Page

4

TECHNICAL ISSUES

ALTSD notes that the substitute bill does not address the role of the ALTSD in the “referral for

guardianship or limited guardianship if the child is incapacitated, including referral for a

treatment guardian" at the discharge hearing.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

ALTSD further notes that foster youth aging out of the State’s custody will not have coordinated

transition support for entry into the adult system.

AHO/bb