BILL NUMBER: AB 488	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 17, 2009
	AMENDED IN ASSEMBLY  APRIL 21, 2009

INTRODUCED BY   Assembly Members Torres and Hagman
   (Coauthors: Senators Huff and Negrete McLeod)

                        FEBRUARY 24, 2009

   An act to amend Sections 18987.61 and 18987.62 of the Welfare and
Institutions Code, relating to public social services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 488, as amended, Torres. Children's services programs:
performance agreement contracts.
   Under existing law, each county may enter into performance
agreements with  private,  nonprofit agencies to
encourage innovation in the delivery of children's services, to
develop services not available in the community, and to promote
change in the child welfare services system. Existing law limits
these performance agreements to a period of 3 years.
   This bill would authorize the State Department of Social Services
to renew or extend the performance agreements described above for up
to an additional 3 years beyond the original 3-year time period and
would make a conforming change.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 18987.61 of the Welfare and Institutions Code
is amended to read:
   18987.61.  (a) Each county may enter into performance agreements
with  private,  nonprofit agencies to encourage
innovation in the delivery of children's services, to develop
services not available in the community, and to promote change in the
child welfare services system.
   (b) In developing the agreements, counties and service providers
shall pursue services that enhance the ability of children to remain
in the least restrictive, most family-like setting possible and
promote services that address the needs and strengths of individual
children and their families.
   (c) Programs developed pursuant to this section shall operate
within the county, or in another county with the approval of that
county.
   (d) Agreements pursuant to subdivision (a) shall be for a period
of up to three years, unless renewed or extended by the State
Department of Social Services for up to an additional three years.
   (e) A county shall provide a report to the director within three
months of the end of the original agreement period to report on the
details of the agreement, the results achieved during its operation,
and the applicability of the approach to a wider population. The
director shall make these reports available to the Legislature upon
request.
  SEC. 2.  Section 18987.62 of the Welfare and Institutions Code is
amended to read:
   18987.62.  (a) Upon request from a county, the director may waive
regulations governing foster care payments or the operation of group
homes to enable counties to implement the agreements established
pursuant to Section 18987.61. Waivers granted by the director shall
be applicable only to services provided under the terms of the
agreement and for the duration of the agreement, including any
renewal or extension authorized by the department. A waiver shall
only be granted when all of the following apply:
   (1) The agreement promises to offer a worthwhile test of an
innovative approach or to encourage the development of a new service
for which there is a recognized need.
   (2) The regulatory requirement prevents the implementation of the
agreement.
   (3) The requesting county proposes to monitor the agreement
through performance measures that ensure that the purposes of the
waived regulation will be achieved.
   (b) The director shall take steps that are necessary to prevent
the loss of any substantial amounts of federal funds as a result of
the waivers granted under this section. The waiver may specify the
extent to which the requesting county shall share in any cost
resulting from any loss of federal funding.
   (c) The director shall not waive regulations that apply to the
health and safety of children served by participating 
private   nonprofit  agencies.
   (d) The director shall notify the appropriate policy and fiscal
committees of the Legislature whenever waivers are granted and when a
waiver of regulations was required for the implementation of the
county's proposed agreement. The director shall identify the reason
why the development of the services outlined by the agreement between
the county and the service provider are hindered by the regulations
to be waived.