Bill Text: CA AB1015 | 2011-2012 | Regular Session | Amended
Bill Title: Child welfare services: California Child and Family
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2011-08-29 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. [AB1015 Detail]
Download: California-2011-AB1015-Amended.html
BILL NUMBER: AB 1015 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 29, 2011
AMENDED IN SENATE JUNE 20, 2011
AMENDED IN ASSEMBLY APRIL 28, 2011
AMENDED IN ASSEMBLY APRIL 14, 2011
INTRODUCED BY Assembly Member Charles Calderon
FEBRUARY 18, 2011
An act to amend Section 10601.2 of the Welfare and Institutions
Code, relating to social services.
LEGISLATIVE COUNSEL'S DIGEST
AB 1015, as amended, Charles Calderon. Child welfare services:
California Child and Family Service Review System.
Under existing law, the State Department of Social Services
oversees the administration of county public social services,
including child welfare services. Existing law requires the
department to establish the California Child and Family Service
Review System, in order to review all county child welfare systems.
Existing law requires the department to report to the Assembly and
Senate Budget Committees and appropriate legislative policy
committees regarding the department's progress relating to federal
and state child and family service reviews.
This bill would, in relation to these reviews, require each county
to consult with specified stakeholders in developing the county
self-assessments and county improvement plans, or similar
reports required by any subsequent changes to the system
any subsequent county self-assessments, as specified .
This bill would also require the county improvement plans to include
a separately titled provision that lists and provides the rationale
for proposed operational improvements that may be implemented at a
cost savings to the county or within existing resources. By
increasing duties of county officials, this bill would impose a
state-mandated local program. This bill would also make technical,
nonsubstantive changes to these provisions.
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 these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 10601.2 of the Welfare and Institutions Code is
amended to read:
10601.2. (a) The State Department of Social Services shall
establish, by April 1, 2003, the California Child and Family Service
Review System, in order to review all county child welfare systems.
These reviews shall cover child protective services, foster care,
adoption, family preservation, family support, and independent
living.
(b) Child and family service reviews shall maximize compliance
with the federal regulations for the receipt of money from Subtitle E
(commencing with Section 470) of Title IV of the federal Social
Security Act (42 U.S.C. Sec. 670 et seq.) and ensure compliance with
state plan requirements set forth in Subtitle B (commencing with
Section 421) of Title IV of the federal Social Security Act (42
U.S.C. Sec. 621 et seq.).
(c) (1) (A) By October 1, 2002, the California Health and Human
Services Agency shall convene a workgroup comprised of
representatives of the Judicial Council, the State Department of
Social Services, the State Department of Health Care Services, the
State Department of Mental Health, the State Department of Education,
the Department of Child Support Services, the Department of Justice,
any other state departments or agencies the California Health and
Human Services Agency deems necessary, the County Welfare Directors
Association, the California State Association of Counties, the Chief
Probation Officers of California, the California Youth Connection,
and representatives of California tribes, interested child advocacy
organizations, researchers, and foster parent organizations. The
workgroup shall establish a workplan by which child and family
service reviews shall be conducted pursuant to this section,
including a process for qualitative peer reviews of case information.
(B) At a minimum, in establishing the workplan, the workgroup
shall consider any existing federal program improvement plans entered
into by the state pursuant to federal regulations, the outcome
indicators to be measured, compliance thresholds for each indicator,
timelines for implementation, county review cycles, uniform
processes, procedures and review instruments to be used, a corrective
action process, and any funding or staffing increases needed to
implement the requirements of this section. The agency shall broadly
consider collaboration with all entities to allow the adequate
exchange of information and coordination of efforts to improve
outcomes for foster youth and families.
(2) In developing the county self-assessments and county
improvement plans referenced in this section, or similar
reports required by any subsequent changes to the California Child
and Family Service Review System any subsequent county
self-assessments pursuant to this section , each county shall
consult with stakeholders, including, but not limited to, county
child welfare agencies and probation agency staff at all levels,
current and former foster children, children's attorneys, and foster
care providers. The county shall consult with at least one county
child welfare worker named by the bargaining unit representing
children's social workers.
(d) (1) The California Child and Family Service Review System
outcome indicators shall be consistent with the federal child and
family service review measures and standards for child and family
outcomes and system factors authorized by Subtitle B (commencing with
Section 421) and Subtitle E (commencing with Section 470) of Title
IV of the federal Social Security Act and the regulations adopted
pursuant to those provisions (Parts 1355 to 1357, inclusive, of Title
45 of the Code of Federal Regulations).
(2) During the first review cycle pursuant to this section, each
county shall be reviewed according to the outcome indicators
established for the California Child and Family Service Review
System.
(3) For subsequent reviews, the workgroup shall consider whether
to establish additional outcome indicators that support the federal
outcomes and any program improvement plan, and promote good health,
mental health, behavioral, educational, and other relevant outcomes
for children and families in California's child welfare services
system.
(4) The county improvement plans developed pursuant to this
section that are approved by the county board of supervisors shall
include a separately titled provision that lists and provides the
rationale for proposed operational improvements identified during the
stakeholder process described in paragraph (2) of subdivision (c)
that may be implemented at a cost savings to the county or within
existing county resources.
(e) The State Department of Social Services shall identify and
promote the replication of best practices in child welfare service
delivery to achieve the measurable outcomes established pursuant to
subdivision (d).
(f) Notwithstanding Section 10231.5 of the Government Code, the
State Department of Social Services shall provide information to the
Assembly Committee on Budget and the Senate Committee on Budget and
Fiscal Review and appropriate legislative policy committees annually,
beginning with the 2002-03 fiscal year, on all of the following:
(1) The department's progress in planning for the federal child
and family service review to be conducted by the United States
Department of Health and Human Services and, upon completion of the
federal review, the findings of that review, the state's response to
the findings, and the details of any program improvement plan entered
into by the state.
(2) The department's progress in implementing the California child
and family service reviews, including, but not limited to, the
timelines for implementation, the process to be used, and any funding
or staffing increases needed at the state or local level to
implement the requirements of this section.
(3) The findings and recommendations for child welfare system
improvements identified in county self-assessments and county system
improvement plans, including information on common statutory,
regulatory, or fiscal barriers identified as inhibiting system
improvements, any recommendations to overcome those barriers, and, as
applicable, information regarding the allocation and use of the
moneys provided to counties pursuant to subdivision (i).
(g) Effective April 1, 2003, the existing county compliance review
system shall be suspended to provide to the State Department of
Social Services sufficient lead time to provide training and
technical assistance to counties for the preparation necessary to
transition to the new child and family service review system.
(h) Beginning January 1, 2004, the department shall commence
individual child and family service reviews of California counties.
County child welfare systems that do not meet the established
compliance thresholds for the outcome measures that are reviewed
shall receive technical assistance from teams made up of state and
peer-county administrators to assist with implementing best practices
to improve their performance and make progress toward meeting
established levels of compliance.
(i) (1) To the extent that funds are appropriated in the annual
Budget Act to enable counties to implement approaches to improving
their performance on the outcome indicators under this section, the
department, in consultation with counties, shall establish a process
for allocating the funds to counties.
(2) The allocation process shall take into account, at a minimum,
the extent to which the proposed funding would be used for activities
that are reasonably expected to help the county make progress toward
the outcome indicators established pursuant to this section, and the
extent to which county funding for the Child Abuse, Prevention and
Treatment program is aligned with the outcome indicators.
(3) To the extent possible, a county shall use funds allocated
pursuant to this subdivision in a manner that enables the county to
access additional federal, state, and local funds from other
available sources. However, a county's ability to receive additional
matching funds from these sources shall not be a determining factor
in the allocation process established pursuant to this subdivision.
(4) The department shall provide information to the appropriate
committees of the Legislature on the process established pursuant to
this subdivision for allocating funds to counties.
SEC. 2. 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.
