Bill Text: CA AB878 | 2015-2016 | Regular Session | Amended
Bill Title: Child welfare: foster care.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB878 Detail]
Download: California-2015-AB878-Amended.html
BILL NUMBER: AB 878 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Eggman
FEBRUARY 26, 2015
An act to amend Section 16501.2 of, and to amend, repeal, and
add Section 11402 of the Welfare and Institutions Code,
relating to child welfare.
LEGISLATIVE COUNSEL'S DIGEST
AB 878, as amended, Eggman. Child welfare: foster care.
Existing law establishes the Aid to Families with Dependent
Children-Foster Care (AFDC-FC) program, under which counties provide
payments to foster care providers on behalf of qualified children in
foster care. The program is funded by a combination of federal,
state, and county funds, with moneys from the General Fund
being continuously appropriated to pay for the state's share of
AFDC-FC costs funds .
In order to be eligible for AFDC-FC, existing law requires a child
or nonminor dependent to be placed in a specified placement,
including, among others, the approved home of a relative,
provided the child is otherwise eligible for federal financial
participation in the AFDC-FC payment including a
licensed group home or an out-of-state group home. Existing law
provides for the licensing and regulation of community care
facilities, including group homes, by the State Department of Social
Services. Existing law also requires the department to provide
oversight of out-of-state group homes, as specified, pursuant to the
Interstate Compact on the Placement of Children .
This bill would make technical, nonsubstantive changes to those
provisions.
This bill would, on and after January 1, 2018, eliminate the
placement option of a group home or an out-of-state group home. The
bill would authorize a short-term residential treatment center as an
additional placement option and would specify the conditions for that
placement option, including that the child has a documented need for
short-term specialized and intensive supervision or treatment that
cannot be maintained in a family setting, that the placement not
exceed 120 days, except under certain circumstances, and that the
child and family team, as defined, convene at least every 60 days to
conduct a review of the placement, as specified. By imposing a higher
level of service on county employees, the bill would impose a
state-mandated local program.
The bill would also require the State Department of Social
Services, on or before December 31, 2016, to establish a working
group consisting of county welfare departments and other stakeholders
to develop and implement a single, statewide standardized child
assessment tool, known as the Child and Adolescent Needs and
Strengths Plus assessment tool, that would assess specified factors,
such as the impact of trauma on the child and the child's behavioral
and emotional needs. The bill would also require the department, on
or before December 31, 2016, to issue guidance to the county child
welfare agencies on utilizing child and family teams to review the
assessment tool and make decisions concerning placements, services,
and supports for a child.
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.
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. Section 11402 of the Welfare
and Institutions Code is amended to read:
11402. In order to be eligible for AFDC-FC, a child or nonminor
dependent shall be placed in one of the following:
(a) The approved home of a relative, provided the child is
otherwise eligible for federal financial participation in the AFDC-FC
payment.
(b) (1) The licensed family home of a nonrelative.
(2) The approved home of a nonrelative extended family member as
described in Section 362.7.
(c) The approved home of a resource family as defined in Section
16519.5.
(d) A licensed group home, as defined in subdivision (h) of
Section 11400, excluding a runaway and homeless youth shelter as
defined in subdivision (ab) of Section 11400, provided that the
placement worker has documented that the placement is necessary to
meet the treatment needs of the child and that the facility offers
those treatment services.
(e) The home of a nonrelated legal guardian or the home of a
former nonrelated legal guardian when the guardianship of a child who
is otherwise eligible for AFDC-FC has been dismissed due to the
child's attaining 18 years of age.
(f) An exclusive-use home.
(g) A housing model certified by a licensed transitional housing
placement provider as described in Section 1559.110 of the Health and
Safety Code and as defined in subdivision (r) of Section 11400.
(h) An out-of-state group home, provided that the placement
worker, in addition to complying with all other statutory
requirements for placing a minor in an out-of-state group home,
documents that the requirements of Section 7911.1 of the Family Code
have been met.
(i) An approved supervised independent living setting for nonminor
dependents, as defined in subdivision (w) of Section 11400.
(j) This section shall become operative on July 1, 2012.
(j) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 2. Section 11402 is added to the
Welfare and Institutions Code , to read:
11402. (a) In order to be eligible for AFDC-FC, a child or
nonminor dependent shall be placed in one of the following:
(1) The approved home of a relative.
(2) (A) The licensed family home of a nonrelative.
(B) The approved home of a nonrelative extended family member as
described in Section 362.7.
(3) The home of a nonrelated legal guardian or the home of a
former nonrelated legal guardian when the guardianship of a child who
is otherwise eligible for AFDC-FC has been dismissed due to the
child's attaining 18 years of age.
(4) A licensed foster family agency accredited by a national
accrediting body approved by the State Department of Social Services.
(5) A housing model certified by a licensed transitional housing
placement provider as described in Section 1559.110 of the Health and
Safety Code and as defined in subdivision (r) of Section 11400.
(6) An approved supervised independent living setting for nonminor
dependents, as defined in subdivision (w) of Section 11400.
(7) A licensed short-term residential treatment center accredited
by a national accrediting body approved by the State Department of
Social Services, excluding a runaway and homeless youth shelter, as
defined in subdivision (ab) of Section 11400, provided that the
placement worker has documented that the placement is necessary to
meet the treatment needs of the child and that the facility offers
those treatment services and subject to the limitations in
subdivision (b).
(8) An out-of-state short-term residential treatment center
accredited by a national accrediting body approved by the State
Department of Social Services, provided that the placement worker, in
addition to complying with all other statutory requirements for
placing a minor in an out-of-state short-term residential treatment
center, documents that the requirements of Section 7911.1 of the
Family Code have been met and satisfies the conditions in subdivision
(b).
(b) (1) In order for a child or nonminor dependent to be placed
into a licensed short-term residential treatment center, pursuant to
paragraph (7) of subdivision (a), or an out-of-state short-term
residential treatment center, pursuant to paragraph (8) of
subdivision (a), all of the following conditions, and, for nonminor
dependents, the conditions specified in paragraph (3) of subdivision
(c) of Section 16501.1, shall be met:
(A) The child has a documented need for short-term, specialized,
and intensive supervision or treatment that cannot be maintained in a
family-based setting.
(B) The facility is able to meet the child's documented needs.
(C) The child's case plan documents the anticipated duration of
the placement and includes (i) a plan for the active participation of
the foster family, resource family, relative caregiver, or birth
family in the child's care, and (ii) a plan and schedule for
returning the child to family care, including identification of the
services and supports necessary to return the child to a family
setting or another less restrictive placement, as described in
subdivision (a), as appropriate.
(D) The director or supervisor approves the placement.
(2) Placement in a short-term residential treatment center or
congregate or residential facility shall be reviewed by the social
worker or probation officer at each monthly visit to determine (A)
whether the placement is meeting the child's needs, (B) the continued
need for the placement, and (C) the anticipated date for returning
the child to family care.
(3) At least every 60 days, the child and family team shall
convene to conduct a review of (A) whether the placement is meeting
the child's needs, (B) the continued need for the placement, and (C)
the anticipated date for returning the child to family care.
(4) The placement shall not exceed 120 days unless the director or
the probation chief, or the designee of either the director or the
probation chief, has determined that progress has been made toward
implementing the case plan, that the needed services could not be
provided in a family-based setting, and that the need for additional
time in placement is substantiated.
(5) A child younger than 12 years of age shall not be placed in a
short-term residential treatment center unless the director or the
probation chief, or the designee of either the director or the
probation chief, in consultation with the child and family team, has
determined that the child cannot be maintained in a family-based
setting.
(c) For purposes of this section,"child and family team" means a
team including the child's social worker, the child's parents, if
appropriate and if the parents are able and willing to participate,
the child's current caregiver, if able and willing to participate,
the child, if developmentally appropriate, and any other relatives,
supportive adults, and health, mental health, and other professionals
involved in providing care or services to the child, which shall be
convened and facilitated by county child welfare agency staff with
specialized training in family-centered team decisionmaking.
(d) This section shall become operative on January 1, 2018.
SEC. 3. Section 16501.2 of the
Welfare and Institutions Code is amended to read:
16501.2. (a) The Legislature finds and declares all of the
following:
(1) Safety, stability, and the permanence of families in the child
welfare system are of paramount importance.
(2) Ongoing assessments that build on the strength of the child
and family unit, and that identify desired outcomes, are critical in
the development of appropriate case plans for children.
(3) If it is necessary to place a child in out-of-home care, the
use of a formal child and family assessment can enhance the
appropriateness of placement and the identification and delivery of
services necessary to meet the child's needs and strengths,
consistent with case plan goals.
(b) On or before December 31, 1998, the department shall issue to
all county placing agencies and the courts, current best practice
guidelines for the assessment of a child and the child's family unit.
The guidelines shall include recommended methods for gathering
certain background information on the child and the child's family
unit, identifying appropriate services for the case plan, and methods
of monitoring and reassessing the case plan to best meet case plan
goals. For children placed in group homes or foster family agencies,
the guidelines shall include methods for identifying appropriate
placement options, and monitoring the services provided by the group
home or foster family agency to best address the strengths and needs
of the child and the child's family unit.
(c) (1) The department shall conduct a pilot project to test the
effectiveness of utilizing best practice standards for the assessment
of children and families receiving child welfare and foster care
services, for the purpose of identifying the strengths and needs of
the family and the child, developing and monitoring appropriate case
plans, and determining appropriate services.
(2) The pilot project shall meet all of the following conditions:
(A) On or before July 1, 1999, the department shall solicit
participation in the pilot project by counties, and, to the extent
possible, provide for broad geographical representation. On or before
September 1, 1999, the department shall select pilot counties and
begin operation of the pilot project.
(B) The pilot project shall use an assessment protocol or process
developed by the department in collaboration with county agencies and
other stakeholders.
(C) The pilot project shall be evaluated independently to judge
the effectiveness of the assessment protocol or instrument, including
whether the assessment provides adequate background data on the
child and the child's family unit, improves achievement of case plan
goals, is judged useful to the counties and service providers, and
can be applied with ease.
(D) For children placed in group homes or foster family agencies,
the assessment protocol or process developed pursuant to subparagraph
(B) shall identify the strengths and needs of the child to be met by
the placement program and methods for monitoring the delivery of
services by the placement agencies.
(E) The assessment shall be sensitive to the ethnic and linguistic
background of the children and families being assessed, and shall
include, but not be limited to, the child's age, previous placement
history, specific indicators, including living situation, social
situation, medical situation, educational situation, vocational
situation, emotional situation, behavioral situation, and legal,
cultural, and religious history, and areas and activities of
interest.
(d) In collaboration with county agencies and other stakeholders,
and based on the results of the pilot project described in this
section, the department shall develop a formal assessment process for
children receiving foster care and child welfare services. On or
before May 1, 2001, the department shall inform the Legislature on
the status of the pilot project described in this section, and the
proposed assessment protocol or process with recommendations for its
implementation, including incorporation of the assessment process
into the child welfare services case management system.
(e) Upon satisfactory completion of the pilot project described in
this section, and development of a formal assessment instrument or
process, the department, in collaboration with representatives of
county placing agencies, training academies, and the California
Social Work Education Center, shall integrate training and technical
assistance on the family assessment guidelines into the curriculum of
the regional training academies.
(b) (1) On or before December 31, 2016, the State Department of
Social Services shall establish, pursuant to this section, in
consultation with county welfare departments and other stakeholders,
as appropriate, a working group consisting of representatives of
county welfare departments and other stakeholders, including foster
care providers, county probation departments, and current and former
foster youth, to develop and implement the standardized Child and
Adolescent Needs and Strengths Plus assessment tool. In consultation
with the working group, the department shall issue guidance to all
county placing agencies as to the use of the Child and Adolescent
Needs and Strengths Plus assessment tool to determine the placement
needs of each child and the level of the child-centered supplement,
if any, required to meet the needs of the child.
(2) The "Child and Adolescent Needs and Strengths Plus assessment
tool" shall be a single, statewide standardized child assessment tool
that shall be used by all county child welfare agencies to assess
the needs and strengths of a child and the needs of the child's
current or prospective foster caregiver.
(3) The standardized assessment tool shall include a list of items
that may have a direct impact on service planning for the child and
the child's foster parent. The list of items included in the Child
and Adolescent Needs and Strengths Plus assessment tool shall assist
with evaluation of all of the following:
(A) The child's functioning, including all of the following:
(i) The impact of trauma on the child.
(ii) Life functioning, including physical, mental, and dental
health, relationships with family members, and social skills.
(iii) Functioning in a child care or school setting.
(iv) Behavioral and emotional needs.
(v) Risk behaviors.
(vi) Strengths.
(vii) The effect of the culture of the child and the child's
family on service provision.
(B) The foster parent's functioning in relation to the identified
foster child, including all of the following:
(i) Supervision.
(ii) Problem solving.
(iii) Involvement with care.
(iv) Knowledge.
(v) Empathy with the child.
(vi) Organization.
(vii) Social resources.
(viii) Physical health.
(ix) Mental health.
(x) Substance use.
(xi) Developmental.
(xii) Family stress.
(xiii) Cultural congruence.
(c) On or before December 31, 2016, the department shall issue
guidance to the county child welfare agencies on utilizing child and
family teams to review the Child and Adolescent Needs and Strengths
Plus assessment tool and make decisions concerning placements,
services, and support for a child. Child and family teams shall
include the county agency social worker, the child's parents and
current caregiver, if able and willing to participate, the child, if
developmentally appropriate, and any other relatives, supportive
adults, and health, mental health, and other professionals involved
in providing care or services to the child, and shall be convened and
facilitated by county child welfare agency staff with specialized
training in family-centered team decisionmaking.
SEC. 4. To the extent that this act has an overall
effect of increasing the costs already borne by a local agency for
programs or levels of service mandated by the 2011 Realignment
Legislation within the meaning of Section 36 of Article XIII of the
California Constitution, it shall apply to local agencies only to the
extent that the state provides annual funding for the cost increase.
Any new program or higher level of service provided by a local
agency pursuant to this act above the level for which funding has
been provided shall not require a subvention of funds by
the state nor otherwise be subject to Section 6 of Article
XIII B of the California Constitution.
SECTION 1. Section 11402 of the Welfare and
Institutions Code is amended to read:
11402. In order to be eligible for AFDC-FC, a child or nonminor
dependent shall be placed in one of the following:
(a) The approved home of a relative, provided the child is
otherwise eligible for federal financial participation in the AFDC-FC
payment.
(b) (1) The licensed family home of a nonrelative.
(2) The approved home of a nonrelative extended family member, as
described in Section 362.7.
(c) The approved home of a resource family, as defined in Section
16519.5.
(d) A licensed group home, as defined in subdivision (h) of
Section 11400, excluding a runaway and homeless youth shelter, as
defined in subdivision (ab) of Section 11400, if the placement worker
has documented that the placement is necessary to meet the treatment
needs of the child and that the facility offers those treatment
services.
(e) The home of a nonrelated legal guardian or the home of a
former nonrelated legal guardian if the guardianship of a child who
is otherwise eligible for AFDC-FC has been dismissed because the
child has attained 18 years of age.
(f) An exclusive-use home.
(g) A housing model certified by a licensed transitional housing
placement provider, as described in Section 1559.110 of the Health
and Safety Code and as defined in subdivision (r) of Section 11400.
(h) An out-of-state group home, if the placement worker, in
addition to complying with all other statutory requirements for
placing a minor in an out-of-state group home, documents that the
requirements of Section 7911.1 of the Family Code have been met.
(i) An approved supervised independent living setting for nonminor
dependents, as defined in subdivision (w) of Section 11400.
(j) This section shall become operative on July 1, 2012.
