Bill Text: CA AB1611 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Child welfare: racial and ethnic disparities.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2012-05-25 - In committee: Set, second hearing. Held under submission. [AB1611 Detail]

Download: California-2011-AB1611-Amended.html

---

BILL NUMBER: AB 1611	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Beall
    (   Principal coauthor:   Senator 
 Alquist   ) 

                        FEBRUARY 7, 2012

   An act  to amend Section 10601.2 of, and to add Section
10605.1 to the Welfare and Institutions Code,   relating to
public social services.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1611, as amended, Beall.  Foster care:  
Child welfare:  racial and ethnic disparities. 
   Under existing law, the state, through the State Department of
Social Services and county welfare departments, is required to
establish and support a public system of statewide child welfare
services for the protection of children. Existing law requires the
department to establish the California Child and Family Service
Review System to review all county child welfare systems. Existing
law requires the California Health and Human Services Agency to
convene a workgroup, as specified, to establish a workplan by which
child and family service reviews shall be conducted. Existing law
requires the workgroup to consider, among other things, measurable
outcome indicators. Existing law requires the department to identify
and promote the replication of best practices in child welfare
service delivery to achieve these outcomes. Existing law requires the
department to provide prescribed information to legislative
committees relating to child welfare system improvements, as
specified.  
   This bill would require the workgroup described above to examine
outcome indicators for each racial and ethnic population served
within a county. This bill would require a county to address in its
self-assessment and system improvement plan, among other things, its
efforts to eliminate disparities in services and outcomes for
children of color in, and to provide adequate and culturally
appropriate services within, its child welfare system. This bill
would require the department to identify and promote best practices
for increasing cultural competency in the provision of services and
eliminating inequities in service delivery to racial and ethnic
communities. This bill would authorize the director of the department
to take various actions if he or she determines substantially failed
to comply with the requirements of its system improvement plan, as
specified. This bill would require the department to report
prescribed information to the Legislature by January 1, 2015. 

   By requiring counties to address additional matters in its
self-assessment and system improvement plan, this bill would impose a
state-mandated local 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, 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.  
   Existing law provides for the out-of-home placement of children
who are unable to remain in the custody and care of their parent or
parents, and provides for a range of child welfare, foster care, and
adoption assistance services for which these children may be
eligible.  
   This bill would express the intent of the Legislature to enact
legislation to address the issue of racial and ethnic
disproportionality and disparities in the foster care system.

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    The Legislature finds and declares the
following:  
   (a) It is the intent of the Legislature to eliminate racial and
ethnic disproportionality in the child welfare system that is a
result of the unnecessary and avoidable removal of children from
their families and the failure to equitably serve all communities of
color, particularly the Latino community.  
   (b) Latinos make up nearly 38 percent of the population of the
state, but comprise over one-half of the overall child welfare
caseload. Specifically, disproportionality exists in certain counties
with a large Latino population. For example, in Santa Clara County,
nearly 64 percent of the foster care population is Latino, while the
Latino population in the county is around 25 percent. Furthermore,
despite the fact that more than one-half of the children served in
the state are Latino, Latinos have been omitted from recent state
projects and initiatives on disproportionality and improving foster
care outcomes, including from the California Disproportionality
Project and California Partners for Permanency, a five-year pilot
project to reduce long-term foster care.  
   (c) Black children represent almost 6 percent of the state's
population of children and youth, but represent roughly 25 percent of
the population in care in the child welfare system. When controlling
for poverty, Black children enter the system at approximately the
same rate as White children, but remain in the system at a rate that
is almost one and a one-half times the rate of White children. 

   (d) Although there are variations by geographic area and across
communities of color, children and youth from non-white racial and
ethnic communities, overall, enter the child welfare system at a
higher rate, are represented in the system at a higher percentage,
and remain in the system longer than their White counterparts. 

   (e) Statistical disparities of children and youth of color in the
child welfare system may be a result of numerous complex and
interdependent factors, including poverty, classism, racism, limited
cultural competence and diversity among staff and service providers,
agency policies, and systemic practices, and limited access to
services and resources, including prevention, family support, and
mental health services.  
   (f) Many of the societal factors resulting in these disparities
are not readily amenable to change by reforms in the child welfare
system alone. Nonetheless, more can be done, for example, to
eliminate disparities in services and supports provided and enhance
the cultural competence of county staff and service providers.
According to information gathered by the California Research Bureau
in March, 2012, at least 21 states are taking action to eliminate
disproportionality in their child welfare systems. At least 12 states
are taking action through legislation.  
   (g) Child welfare agencies must conduct thorough self-assessments,
develop action plans, and monitor their progress if they are to
eliminate inequities in the child welfare system. 
   SEC. 2.    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  and following 
 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
 and following   et seq.  ).
   (c) (1) 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 Services, the State
Department of Mental Health, the State Department of Education, the
Department of Child Support Services, the State 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.
   (2) 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.
   (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.  Outcome indicators shall be examined separately for each
racial and ethnic population served within the county to assist in
identifying and developing strategies to eliminate inequities in the
services provided and disparities in outcomes among the populations
served.  
   (e) (1) (A) Based on its review cycle, each county shall address
in detail in the county self-assessment and county system improvement
plan, the county's strategies, ongoing efforts, and planned
activities, including time frames for implementation, to eliminate
any disparities identified in services and outcomes for children of
color in the county's child welfare system and to provide adequate
and culturally appropriate services for overrepresented and majority
populations, particularly the Latino, Black and Native American
populations. These may include, but are not limited to, prevention
services and supports for families of children at risk of placement
in the county child welfare system and the use of culturally
competent staffing, resources, and practices.  
   (B) A county's self-assessment and system improvement plan shall
also address strategies for improving and expediting permanent
outcomes for children and youth from communities of color that are
overrepresented in the county's child welfare system, including, but
not limited to, developing collaborative partnerships with families
and community-based organizations and strategies to identify and
recruit kin and nonkin adoptive families.  
   (2) Unless a county's review cycle pursuant to this section has a
system improvement plan due on or after January 1, 2013, and before
January 1, 2014, the county shall amend its most recent system
improvement plan by December 31, 2013, to address the issues
identified in paragraph (1).  
   (e) 
    (f)  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)   (d),
including best practices for increasing cultural competency in the
provision of services and eliminating inequities in the delivery of
services that result in disparities in outcomes among racial and
ethnic populations, particularly the Latino, Black, and Native
American communities  . 
   (f) 
    (g)  The State Department of Social Services shall
provide information to the Assembly and Senate Budget Committees 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  efforts to assess
the bases for disproportionality and disparities in  
services and outcomes for children of color and to address those
issues,  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) 
    (h)  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) 
    (i)  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) 
    (j)  (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. 
   (k) (1) The department shall contract for research evaluating the
disproportionate representation of, and inequities in services for,
Latino children and families in the child welfare system, using
existing resources or by identifying private funding, and issue a
report to the Legislature and to the Governor, including findings and
recommendations, by January 1, 2015.  
   (2) (A)  The requirement for submitting a report imposed under
paragraph (1) is inoperative on January 1, 2019, pursuant to Section
10231.5 of the Government Code.  
   (B) A report to be submitted pursuant to paragraph (1) shall be
submitted in compliance with Section 9795 of the Government Code.

   SEC. 3.    Section 10605.1 is added to the  
Welfare and Institutions Code   , to read:  
   10605.1.  If the director determines that a county is
substantially failing to comply with the requirements of its system
improvement plan pursuant to Section 10601.2 to adequately assess the
bases for, or adequately address, disproportionality in its child
welfare system, or to ensure the provision of adequate and culturally
appropriate services to majority and minority communities within the
county, the director may take any action as may be appropriate,
including providing enhanced technical assistance to the county,
requiring the county to conduct additional self-assessments and adopt
system improvement plan amendments, or other remedial actions as
authorized under this chapter. 
   SEC. 4.    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.  
  SECTION 1.    It is the intent of the Legislature
to enact legislation to address the issue of racial and ethnic
disproportionality and disparities in the foster care system.