SB 1521 Senate Bill - Bill Analysis

BILL ANALYSIS Ó

Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair

SB 1521 (Liu) - Child welfare services.

Amended: April 10, 2012 Policy Vote: Human Services 7-0
Urgency: No Mandate: Yes
Hearing Date: May 24, 2012 Consultant: Jolie Onodera

SUSPENSE FILE.

Bill Summary: SB 1521 would revise existing state law to meet
the standards of compliance effectuated with recent changes to
federal law that affect funding for a variety of child welfare
services, as specified.

Fiscal Impact:
Annual ongoing costs potentially in excess of $200,000
(General Fund) to the Department of Social Services (DSS)
to have county agencies provide annual credit reports to
foster youth age 16 and older, as specified, and require
county welfare departments and probation departments to
provide assistance in interpreting the consumer credit
disclosure to youth on an annual basis.
Annual ongoing costs of $90,000 (General Fund) to the
DSS to comply with the educational stability requirements
for foster youth pursuant to federal law.
Minor costs to DSS to effectuate the CAPTA and AAP
reporting requirements.
In the absence of the specified changes to current law,
California could be at risk of federal penalties and loss
of federal funds.

Background:
Child Abuse Prevention and Treatment Act (CAPTA)
In order to receive federal CAPTA funds, states are required to
submit state plans which meet the requirements specified under
federal law. California receives approximately $3 million in
CAPTA funds annually. The CAPTA Reauthorization Act of 2010
(Public Law (P.L.) 111-320) added a requirement that states have
a mechanism in place to ensure that reunification of a dependent
child with a parent who is a registered sex offender (RSO) is
not required.

SB 1521 (Liu)
Page 1

Caseworker Visit Assurances
Prior federal law enacted required that 90 percent of children
in care be visited monthly by their caseworker and prescribed
fiscal penalties for failing to meet this requirement. It also
required states to develop a plan to meet the requirement.
Existing state statute reflects these threshold and plan
requirements. California has been penalized by the federal
government for failing to meet this threshold for the past two
years. The Child and Family Services Improvement and Innovation
Act of 2011 (P.L. 112-34) raised the caseworker visit
requirement from 90 percent to 95 percent, effective in October
2014, and added a requirement (also effective in October 2014)
that 50 percent of all such visits be in the child's home.

Documentation of Adoption Assistance Program (AAP) Savings
As a result of the federal Fostering Connections to Success and
Increasing Adoptions Act of 2008 (P.L. 110-351), the practice of
determining eligibility for AAP funding by the use of 1996 Aid
to Families with Dependent Children income limits is being
phased out, resulting in increasing numbers of children who are
eligible for federal AAP funding and thus reducing the
state-only share of costs. P.L. 110-351 required that states
reinvest in child welfare programs any savings of state funds
realized due to increased federal funding. P.L. 112-34 adds a
requirement that states document how such savings are
reinvested.

Promoting Safe and Stable Families Program (PSSF)
PSSF provides approximately $33 million annually for counties to
offer services aimed at either preventing the removal of
children from their families, or ensuring permanency for
children who have been removed. P.L. 112-34 expanded the
services eligible for this federal funding to include mentoring
services. Because state statute implementing PSSF duplicates
federal definitions regarding services, changes need to be made
to reflect the current definitions.

SB 1521 (Liu)
Page 2

statute does not reflect this requirement.

Credit Reports for Foster Youth
P.L. 112-34 enacted a requirement that each foster youth age 16
and older receive an annual consumer credit report until
juvenile court jurisdiction is terminated, and that the youth
receive assistance in interpreting and resolving any
inaccuracies in his or her credit report. Current state statute
contains a similar requirement; however, this statute does not
fully meet the requirements of federal law, and its
implementation has been delayed until July, 2013, beyond the
date by which the federal requirement must be met.

Proposed Law: This bill would revise existing law to meet or
exceed standards in federal law to ensure continued receipt of
federal funds for child welfare services:
Provides that reunification services need not be
provided to the parent or guardian of a dependent of the
court when the court finds that the parent or guardian has
been required to register on a sex offender registry
pursuant to the Adam Walsh Child Protection and Safety Act
of 2006.
Makes clarifying and federal conformity changes to
current statute requiring credit report disclosures be
provided to emancipating foster youth. Specifically, this
bill requires that following the child's 16th birthday
credit disclosures shall be requested each year and that
the county social worker or probation officer shall ensure
that the dependent child receives assistance with
interpreting the credit disclosure.
Requires counties to document and report on how savings
attributable to federal changes to the Adoption Assistance
Program are spent in accordance with federal requirements.
Requires that assessments of training programs serving
county child protective services social workers include
certain workforce data information including education,
qualifications and demographics of social workers; number
of persons trained; and additional information as deemed
necessary by the department.
Clarifies that foster care case plans include
educational stability assurances, as specified, for each
new placement instead of only assuring it for the initial
placement. Specifically, case plans must include an
assurance that each placement takes into account the

SB 1521 (Liu)
Page 3

appropriateness of the current educational setting and the
proximity to the school the child was enrolled in at the
time of placement; and an assurance that the placement
agency has coordinated with the person making educational
decisions for the child and the local educational agencies
to ensure that the child remains in the school in which the
child is enrolled at the time of placement.
Effective October 1, 2014, implements new federal law
requiring that 95 percent of children in foster care be
visited each month and effective October 1, 2011 that 50
percent of the total caseworker visits occur in the child's
home.
Adds certain services to the allowable reunification
services provided to a child in foster care and to their
parents or guardians under the Promoting Safe and Stable
Families program. Specifically, the added services are peer
to peer mentoring and support groups for parents and
primary caregivers, as well as services and activities to
facilitate access to and visitation of children with
parents and siblings.

Staff Comments: Staff notes that in the absence of the
aforementioned specified changes to current law, California
could be at risk of federal penalties and loss of federal funds.

Child Abuse Prevention and Treatment Act (CAPTA)
In California, reunification is always at the discretion of the
court; therefore, in practice, California already complies with
the federal requirement. The proposed statutory change
explicitly reflects this compliance to satisfy the requirements
of the CAPTA. The change in the state plan is estimated to
result in minor and absorbable costs to the DSS.

Caseworker Visit Assurances
P.L. 112-34 raised the caseworker visit requirement from 90 to
95 percent, effective in October 2014, and added a requirement
that 50 percent of all such visits be in the child's home.
Changes to this provision of law are not projected to result in
increased costs to the DSS.

Documentation of Adoption Assistance Program (AAP) Savings
Phasing out the "AFDC look-back" will result in increasing
numbers of children who are eligible for federal AAP funding and
thus reduce the state-only share of this cost. P.L. 110-351

SB 1521 (Liu)
Page 4

required that states reinvest in child welfare programs any
savings of state funds realized due to increased federal
funding. P.L. 112-34 adds a requirement that states document how
such savings are reinvested. The additional administrative costs
associated with this requirement are unknown, but are estimated
to be minor and absorbable within existing DSS resources.

Promoting Safe and Stable Families Program (PSSF)
P.L. 112-34 expanded the services eligible for this federal
funding to include mentoring services. Because state statute
implementing PSSF duplicates federal definitions regarding
services, changes need to be made to reflect the current
definitions.
Expanding the definition of services will not change the overall
level of PSSF funding and is not anticipated to result in any
impact to the DSS.

Educational Stability
P.L. 110-351 required that states provide, in a foster youth's
case plan, assurances that the youth's placement takes into
consideration his or her educational stability. P.L. 112-makes
clear that these assurances must be made for each placement of a
child, not merely the first placement. Current California
statute does not reflect this requirement. There is no estimated
fiscal impact of this change in the current year as these costs
are currently budgeted. Annual ongoing costs to the DSS are
estimated at $90,000 (General Fund).

Credit Reports for Foster Youth
Providing each foster youth age 16 and older with an annual
consumer credit report until juvenile court jurisdiction is
terminated, as well as providing the youth with assistance in
interpreting and resolving any inaccuracies in his or her credit
report will result in increased costs to the state and counties.
Current state statute contains a similar requirement; however,
this statute does not fully meet the requirements of federal
law, and its implementation has been delayed until July, 2013,
beyond the date by which the federal requirement must be met.
The estimated annual ongoing cost to comply with the federal
provisions is $200,000 (General Fund).

Staff notes the Governor's proposed constitutional amendment
(A.G. File No. 12-0009) specifies that certain unanticipated
costs related to realignment would be shared between the state

SB 1521 (Liu)
Page 5

and local governments. Specifically, the state would be required
to fund at least half of any new local costs resulting from
certain changes in federal statutes or regulations. Should the
proposal be approved, the General Fund costs associated with the
provisions described above could be greater.