Our View of the Legislature – Children in Foster Care

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Today, the House and the Senate must complete their work on bills so that they can “cross over” to the other house for consideration.  This means that any bill that has not yet been approved by a committee will fail for this session.

We have seen at least one important bill concerning foster children fail, because the funding for it was not included in the House budget proposal:

HB 1631 (Keys-Gamarra) failed when it was not included in the House budget.  The bill would have required the Department of Social Services to obtain a supply of new luggage to be used to transport the personal belongings of a child in foster care.  The bill was approved by the subcommittee on Social Services, following emotional testimony about the stigma of children moving from home to home with their possessions in black garbage bags.  Although the bill was then approved by the Committee on Health and Human Services, it failed in the Committee on Appropriations.  The bill had a fiscal impact of less than $400,000, and would have allowed the local offices to receive donated luggage, which might have kept the cost even lower.

Proposals concerning foster youth that are still viable are:

HB 2457 (Glass) requires local Departments of Social Services to apply for federal benefits on behalf of children in foster care where eligible, prohibits the use of military survivor benefits to pay for foster care, and requires that they place the benefits in an appropriate trust instrument.  The bill was approved by the House and now goes to the Senate for consideration.

SB 773 (Favola) will require local Departments of Social Services to develop housing plans for individuals leaving foster care due to age, with options for the youth.  The bill was approved by the Senate Committee on Rehabilitation and Social Service, by Senate Finance, and by the full Senate.  It is included in the Senate budget with a cost of less than $500,00 a year.

SB 818 (Favola) requires social services to notify a child in foster care and others involved in the child’s life if the child is eligible to receive certain federal benefits.  The bill provides important due process protections to children in foster care.  The bill was approved by the Senate and now moves to the House.

HB 1777 (Sullivan) and SB 1406 (Salim) require the Department of Social Services to provide the contact information for the Office of the Children’s Ombudsman to a biological parent, prospective adoptive parent, or foster parent; as well as to any child in foster care age 12 or older.  The bill states that if a foster child files a complaint with the Ombudsman, the Ombudsman need not gain the consent of the foster agency in order to communicate with the child.  The House bill was approved by the full House.  The Senate version is on the Senate floor today for its final reading.  If the Senate version is approved, both bills will switch to the other house for consideration and likely swift approval.

Senator Favola also requested budget language to direct the Department of Social Services to study the feasibility of requiring DSS to apply for federal benefits on behalf of eligible children in foster care and figure out how to conserve them in a trust instrument.

dLCV’s mission is to advance independence, choice and self-determination; protect legal, human and civil rights; and eliminate abuse, neglect and discrimination of people with disabilities, including children with disabilities who are in foster care.  We are available to educate policy makers about the potential impact of legislative proposals.

ga@dLCV.org