Leonard v. Wagner Ruling

I am pleased to announce that on June 4th, foster youth with disabilities were awarded an additional year of benefits by San Francisco Superior Court Judge Peter Busch. Judge Busch ruled in Leonard v. Wagner that California state foster care officials in the AFDC-FC program, which provides support for children in foster care, must comply with state and federal disability laws.

Josh Leonard, Executive Director of Bay Area Youth Centers, filed the lawsuit alleging the State of California discriminates against foster children with disabilities through what is commonly known as “the completion rule." The completion rule states that foster children who have not completed high school by age 18, but have a strong possibility of doing so by age 19, may continue receiving foster care benefits until age 19 and their completion of high school. But children who school administrators do not think have a strong possibility of graduating by the age of 19 – including most children who suffer from mental disabilities and are receiving special education - lose their benefits, including their housing, at age 18. The lawsuit charged that the state’s policy of cutting off foster care funding to youth who can't meet the completion requirement because of a disability violates state and federal disability laws.

Congratulations to Josh, and to foster children around the state who will benefit from this ruling! We will keep you updated as the state works to propose and implement procedures to correct the discrimination of the completion rule.