BILL ANALYSIS
SB 597
Page 1
Date of Hearing: June 30, 2009
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Jim Beall, Jr., Chair
SB 597 (Liu) - As Amended: May 12, 2009
SENATE VOTE : 36-1
SUBJECT : Child Welfare Services: foster care services, and
adoption assistance
SUMMARY : Makes changes in state law relative to child welfare
services to conform to the federal Fostering Connections Act of
2008 (Fostering Connections), to take advantage of potential
additional federal funding available through that law, and to
clarify the application of federal law in the state.
Specifically, this bill :
1)Expands the definition of "care and supervision," for use in
determining payments to foster care providers, to comply with
new federal law.
2)Requires the Department of Social Services (DSS) to develop a
plan for the ongoing oversight and coordination of health care
services for a child in foster care, and to do so in
consultation with pediatricians, health care experts, experts
in and recipients of child welfare services, and with the
advice of the state's child welfare council.
3)Requires DSS and licensed adoptive agencies to provide
information regarding the federal adoption tax credit to any
individual adopting or considering adopting a child in foster
care.
EXISTING LAW :
1)Establishes the Aid to Families with Dependent Children-Foster
Care program (AFDC-FC), under which counties provide payments
to foster care providers on behalf of qualified children in
foster care.
2)Requires counties to pay foster care providers a per-child
per-month rate in return for the care of supervision of a
child in the AFDC-FC program and defines the term "care and
supervision" for the purpose of these payments.
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3)Requires a case plan for each child in foster care and
prescribes the components of the case plan, which include a
summary of the health and education information or records of
the child.
4)Establishes a child welfare council, which is co-chaired by
the secretary of the Health and Human Services Agency and the
chief justice of the state Supreme Court.
5)Establishes the adoption assistance program, which, among
other requirements, requires DSS and licensed adoption
agencies to provide designated information to prospective
adoptive families.
FISCAL EFFECT : Unknown
COMMENTS : In 2008, Congress passed and the President signed the
Fostering Connections to Success and Increasing Adoptions Act of
2008. The bill has many provisions, and this bill provides
conformity of state law to several of those provisions in order
for California's children and families to benefit from the
opportunities in the federal bill.
According to the National Conference of State Legislatures, the
new law increases federal funds available to states for adoption
incentives, a new subsidized guardianship program, and the new
state option to assist children up to age 21 in either foster
care, adoption or subsidized guardianship assistance. Fostering
Connections also gradually de-links eligibility for adoption
assistance from the old AFDC-FC income eligibility criteria.
This bill provides conformity of state law in three areas of the
federal legislation:
1) Allowing for payments to foster care providers to
include travel costs for the child for educational
purposes.
2) Requiring that a foster child's case plan include
ongoing oversight and coordination of the child's health
plan.
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3) Requiring DSS and licensed adoption agencies to provide
information about the federal adoption tax credit to any
person considering the adoption of a foster child.
Costs of Travel
This provision of the bill seeks to capture federal matching
funds that were made available through the federal Fostering
Connections law. In order for California to be eligible it must
conform its definition of "care and supervision" to that of the
federal language.
The California Alliance of Child and Family Services (Alliance),
an organization that represents "?120 nonprofit agencies provide
an array of services and support to over 50,000 of California's
most vulnerable children and families," has a support if amended
position on this provision of the bill. At issue is where the
mechanism to pay for the state portion of the matching funds
will come from. The Alliance suggests that since the bill is
silent on this point that group homes may have to absorb this
cost. They are seeking an amendment that would require DSS, in
conjunction with other stakeholders, to develop a funding
mechanism to clarify this issue.
Health Oversight and Coordination Plan
Under this provision of the federal law and of this bill, DSS
will develop a plan, in consultation with pediatricians and
other experts, for the oversight and coordination of health care
services for foster care youth. The plan must also include
consideration of mental health and dental health needs. The
plan shall include an outline of:
1) A schedule for initial and follow-up health screenings.
2) How health needs identified through screenings will be
treated.
3) How medical information for children will be updated and
shared (may include electronic records).
4) Steps to ensure continuity of health care.
5) The oversight of prescription medication.
6) How the state consults with physicians and other
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professionals in assessing the health and wellbeing of
children in foster care.
This plan will not reduce or limit the responsibility of the
state agency responsible for the child's care.
Related legislation
AB 12 (Beall) proposes to extend foster care benefits to
qualifying young adults who are between the ages of 18 and 21
years of age. AB 938 (Committee on the Judiciary) focuses on
federal requirements for notifying kin of children in foster
care, and it addresses adoption issues raised by the new federal
law. This is now a two-year bill.
AB 1402 (Bass) requires the DSS to support California-based
applications for the federal matching Family Connection Grant in
order to connect foster children with family members. This is
now a two-year bill.
AB 938 (Committee on the Judiciary) focuses on federal
requirements for notifying kin of children in foster care and
addresses adoption issues raised by the new federal law. AB 938
is currently pending in the Senate Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
Academy of California Adoption Lawyers, ACAL
American federation of State, County and Municipal Employees
(AFSCME)
California alliance of Child and family Services (support if
amended)
Family Law Section of the State Bar
Junior Leagues of California
Opposition
None on file.
Analysis Prepared by : Frances Chacon / HUM. S. / (916)
319-2089