SB 1300 California Senate · 2021-2022 Regular Session

Foster youth: Supplemental Security Income.

Summary
Existing law provides for the out-of-home placement, including foster care placement, of children who are unable to remain in the custody and care of their parents. Existing law, the federal Social Security Act, provides for benefits for eligible beneficiaries, including survivorship and disability benefits and supplemental security income (SSI) benefits for, among others, blind and disabled children. Existing law requires the county to provide specified information relating to SSI payments to a foster youth receiving those benefits when the youth is approaching their 18th birthday, including providing information regarding the federal requirement that the youth establish continuing disability as an adult in order for SSI benefits to continue. Existing law declares the intent of the Legislature that nonminor dependents who receive federal SSI benefits may serve as their own payee, if it is determined that the nonminor dependent satisfies the criteria established by the Social Security Administration, and should be assisted by the county welfare department in receiving direct payment. Existing law requires a youth in foster care and nearing emancipation to be screened by the county for potential eligibility SSI benefits, as specified. This bill would revise and expand these provisions with respect to nonminor dependents, including requiring the county, if the youth elects to remain in foster care as a nonminor dependent after attaining 18 years of age, to assist the nonminor dependent in establishing continuing disability as an adult, including identifying an appropriate representative payee, which may include the nonminor dependent, a trusted adult, or the county. The bill would specify the duties of the county if selected as a nonminor dependent's representative payee. The bill would revise screening requirements for foster youth nearing emancipation, including requiring the youth to be under the supervision of the county child welfare agency, juvenile probation department, or tribal organization, and requiring the screening to first occur when the youth is over 16 years of age. The bill also would require the county to screen all nonminor dependents for potential eligibility for SSI benefits, and to submit an application on behalf of any nonminor dependent who is screened as being likely to be eligible for those benefits and consents to the application, as specified. The bill would require the county to assist the nonminor dependent or representative payee other than the county to provide information to the Social Security Administration to ensure that the nonminor dependent receives the appropriate number of payments. The bill would replace various references to county welfare departments to instead refer to county placement agencies. By increasing duties of county placing agencies assisting foster youth and nonminor dependents, the bill would impose a state-mandated 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.
Bill status passed 3 of 5 stages cleared
Introduction
Feb 2022
Committee Review
Aug 2022
Senate Passage
May 2022
Assembly Passage
Governor
Introduced Feb 18, 2022 Last action Aug 11, 2022
Floor votes · Senate May 25, 2022

How they voted

39–0
Passed · 1 other
Total votes 40
May 25, 2022
D Democratic31
30 Yea 1
96% Yea
R Republican9
9 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
22
Key actions
8
Committee
7
Amendments
2
Aug 11, 2022
Lower · Passed
August 11 hearing: Held in committee and under submission.
lower
Jun 29, 2022
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (June 28). Re-referred to Com. on APPR.
lower
Jun 14, 2022
Lower · Passed
June 14 hearing postponed by committee.
lower
Jun 2, 2022
Committee
Referred to Coms. on HUM. S. and JUD.
lower
May 25, 2022
Upper · Passed
Read third time. Passed. (Ayes 39. Noes 0. Page 3935.) Ordered to the Assembly.
upper
May 19, 2022
Upper · Passed
From committee: Do pass. (Ayes 7. Noes 0. Page 3791.) (May 19).
upper
Apr 7, 2022
Upper · Passed
Read second time and amended. Re-referred to Com. on APPR.
upper
Apr 6, 2022
Upper · Passed
From committee: Do pass as amended and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 10. Noes 0. Page 3326.) (April 5).
upper
Mar 30, 2022
Upper · Passed
From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 0. Page 3253.) (March 29). Re-referred to Com. on JUD.
upper
Mar 2, 2022
Committee
Referred to Coms. on HUMAN S. and JUD.
upper
Feb 18, 2022
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of María Elena Durazo
María Elena Durazo
DDemocratic
CA
26