BILL ANALYSIS Ó
AB 159
Page A
Date of Hearing: March 22, 2011
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Jim Beall Jr., Chair
AB 159 (Beall) - As Amended: March 15, 2011
SUBJECT : Community care facilities: foster family agencies.
SUMMARY : Extends by four years, to January 1, 2016, the sunset
provision on the requirement for certain foster family agencies
to employ one full-time social work supervisor for every eight
social workers.
EXISTING LAW
1)Establishes a system of community care facilities licensing,
administered by the Department of Social Services (DSS), to
license and approve out-of-home placements for abused and
neglected children.
2)Establishes foster family agencies (FFAs) as nonprofit
organizations that recruit, train, certify, and provide
support for foster parents who care for children with
intensive care needs as an alternative to group home
placement. Health and Safety Code (HSC) Section 1502.
3)Provides for the licensure and regulation of FFAs by DSS, and
applies social worker personnel requirements.
4)Requires DSS to differentiate between treatment FFAs,
providing mental health treatment services to foster youth,
and nontreatment FFAs, and to develop licensing regulations
accordingly. HSC 1506 (c).
5)Provides Aid to Families with Dependent Children Foster Care
(AFDC-FC) payments with a state and county share-of-cost for
care and supervision provided to children in foster care.
Welfare and Institutions Code (WIC) Section 11460.
6)Reduces the FFA rate effective October 1, 2009 by 10%, and
allows FFAs flexibility in applying the reduction, provided
the amount paid to foster families providing care to foster
children was not reduced more than 10%. WIC 11463 (j).
7)Requires treatment FFAs to employ at least one full-time
AB 159
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social work supervisor for every eight social workers in the
agency, and sunsets this provision January 1, 2012. HSC
1506.3.
FISCAL EFFECT : Unknown.
COMMENTS :
Background: Established in 1985 as an alternative to group home
placements, FFAs are not-for-profit agencies that train, recruit
and certify foster parents. According to DSS, there are 464
FFAs in California providing care and treatment to approximately
11,817 foster children. Initially intended as an alternative to
group home placement for children with higher service needs,
FFAs now provide placements to almost half of all foster
children in nonrelative placements in California.
DSS distinguishes between two types of FFAs for the purposes of
rate setting and regulations. "Treatment foster care", also
referred to as "therapeutic foster care" provides a higher level
of care to children with needs that cannot be met in foster
family homes, and who would otherwise require a group home
placement. FFAs may also certify a family home seeking to adopt
a foster child as a "nontreatment foster care" placement.
FFA and other foster care provider rates were cut by 10% as part
of the state budget effective on October 1, 2009. Acknowledging
the impact of the 10% FFA rate cut, SB 597 (Liu), Chapter 339,
Statutes of 2009, adjusted the ratio of FFA supervisor to staff
ratio from 1:6 to the existing 1:8 ratio. The change initially
was set to expire on January 1, 2011, but was extended by one
more year to January 1, 2012 with the passage of AB 2474 (Beall)
Chapter 43, Statutes of 2010.
Prior to SB 597, social work supervisor/social worker ratios had
been set forth in regulations (Title 22, Division 6, Chapter
8.8), which distinguished between the ratios applied to
treatment and nontreatment agencies. Treatment FFAs had been
required to employ one social work supervisor for every six
social workers, whereas nontreatment FFAs had to adhere to the
1:8 supervisor/social worker ratio.
Also according to state laws and regulations, FFA social work
supervisors must meet minimum education and experience
standards, including the requirement to have a master's degree
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in social work or a related field. Social work supervisors are
responsible for, among other assigned duties, training,
oversight and review of social workers' casework, and ensuring
that their agency social workers perform their duties in
compliance with applicable laws, regulations, policies and
procedures.
According to the Council on Accreditation<1> (COA) standards,
supervisor-to-social worker ratios generally should not exceed
the 1:8 ratio, as they cite research to suggest that supportive,
quality supervision can lead to better service delivery to
children and families, better productivity, and less turnover
among social work staff. The COA standards do not, however,
delineate the standards that should be applied to the
treatment/nontreatment categories of services overseen by a
social work supervisor, as found in the under state regulation.
According to the author, "Nonprofit foster family agencies
provide an important placement alternative to group homes by
offering certified foster homes and the children they care for
with additional services and supports. We must continue to
support this more family-centered alternative, while still
ensuring the available funding is applied where it is most
needed - to the direct services provided to foster children. In
taking the approach offered by Ýthis bill], the state would
allow FFAs flexibility in the program administration, at a
reasonable level."
The sponsor of this bill, the California Alliance for Child and
Family Services, writes:
FFA Rates have been cut by 10% for the past two years
and prior to that cut, FFA rates had been frozen for
15 out of the past 19 years. As a result, the FFA
rate to cover the cost of care and social work for
foster children has declined to just 70% of what it
originally was in 1990. In order to absorb these
cuts, many FFAs have been forced to lay off social
workers, are borrowing money to keep operating, are
spending down savings, are fundraising in an
----------------------
<1> COA is an international, independent, nonprofit child and
family service and behavioral healthcare accrediting
organization founded in 1977 by the Child Welfare League of
America and Family Service America, currently known as the
Alliance for Children and Families.
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increasingly competitive environment or have shut down
their programs?.
In light of the dire budget constraints of the State,
AB 159 will extend the deadline allowing the ratio of
Foster Family Agency social workers to go from a 1:6
ratio to 1:8 ratio until January 1, 2016. While this
may seem minor, it could make the difference between
an FFA having to borrow more money to remain in
operation or close down altogether. Under the current
rate reductions, FFAs need some flexibility within the
rate-setting and community care licensing systems.
Author's Amendments:
The author wishes to amend the bill to strike the 2016 sunset
extension date and directly tie the 10% rate reduction set forth
in WIC 11463 (j) to the temporary ratio change set forth under
HSC 1506.3. The author proposes to do this by requiring the
director of the Department of Social Services to inform the
legislature when the FFA rate reaches at least the amount paid
to FFAs prior to the 10% rate reduction, and repeals the ratio
change set forth under HSC 1506.3 effective the date of the
director's declaration.
PRIOR/RELATED LEGISLATION:
AB 2474 (Beall) Chapter 43, Statutes of 2010 extended by one
year, from 2011 to January 1, 2012, the sunset provision on the
requirement for FFAs to employ one full-time social work
supervisor for every eight social workers.
SB 597 (Liu), Chapter 339, Statutes of 2009, adjusted the ratio
of FFA supervisor to staff ratio from one social work supervisor
to six social workers to the existing 1:8 ratio.
REGISTERED SUPPORT / OPPOSITION :
Support
California Alliance of Child and Family Services (Sponsor)
Alliance Human Services, Inc.
American Federation of State, County, and Municipal Employees
(AFSCME), AFL-CIO
Aspiranet
AB 159
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Association of Community Human Services Agencies (ACHSA)
California Communities United Institute (CalComUI)
County Welfare Directors Association of California (CWDA)
David & Margaret Youth and Family Services
Family Care Network, Inc.
Hathaway-Sycamores Child and Family Services
Kinship Center
Lilliput Children's Services
San Diego Center for Children
Transitions Children's Services
Walden Family Services
Opposition
None on file.
Analysis Prepared by : Michelle Doty Cabrera / HUM. S. / (916)
319-2089