BILL ANALYSIS Ó
SENATE HUMAN
SERVICES COMMITTEE
Senator Jim Beall, Chair
BILL NO: AB 388
A
AUTHOR: Chesbro
B
VERSION: June 4, 2014
HEARING DATE: June 10, 2014
3
FISCAL: Yes
8
8
CONSULTANT: Sara Rogers
SUBJECT
Juveniles
SUMMARY
This bill requires the California Department of Social
Services (CDSS) to conduct an unannounced visit to any
group home that has a specified frequency of law
enforcement contacts regarding residents' alleged violation
of specified laws. This bill provides that when the victim
of the crime committed by a resident is the facility or an
employee of the facility, applicable restitution shall be
limited to the out of pocket expenses of the victim and
restitution fines shall be waived. Further, this bill
requires that at a detention hearing, the court's decision
to detain a minor shall not be based on the minor's status
as a dependent of the court or the child welfare services
department's inability to provide a placement for the
minor.
ABSTRACT
Existing Law:
Continued---
STAFF ANALYSIS OF ASSEMBLY BILL 388 (Chesbro)
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1.Establishes the Community Care Facilities Act, which
provides for the licensure and regulation of community
care facilities, including group homes, by CDSS, and
requires that licensed facilities be subject to
unannounced inspections under specified circumstances.
(HSC 1500 et seq, and 1534)
2.Requires county child welfare departments and county
probation departments to jointly develop a written
protocol regarding minors who appear to come within both
dependency jurisdiction, pursuant to WIC 300 et seq., and
delinquency jurisdiction, pursuant to WIC 600 et seq.
(WIC 241.1)
3.Requires the county welfare and county probation
departments, pursuant to the joint protocol, to make a
recommendation to the court regarding which initial
status of a minor who appears to come within both
dependency and delinquency jurisdiction would best serve
the interests of the minor and the protection of society.
(WIC 241.1)
4.Requires a probation officer to investigate the
circumstances of a minor in temporary custody and to
immediately release the minor to the parent, legal
guardian or responsible relative unless it is
demonstrated to the court that continuance in the home is
contrary to the minor's welfare based on a finding of
specified circumstances making the home unfit or unsafe
for the minor. (WIC 628)
5.Requires the court to consider levying a fine on a minor
whose conduct is found to have incurred any economic loss
on a victim and requires the court to order the minor to
pay a restitution fine, as specified, and victim
restitution, as specified. Requires these fines to be in
addition to any other penalty and requires that
restitution to the victim be imposed regardless of the
minor's inability to pay. (WIC 730.6)
STAFF ANALYSIS OF ASSEMBLY BILL 388 (Chesbro)
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6.Requires CDSS to establish a rate classification level
(RCL) structure for group homes with a corresponding rate
structure according to the level of care and services
that will be provided, as specified. (WIC 11462)
7.Permits a group home to be classified as an RCL 13 or 14
if the program only accepts children with special
treatment needs and meets other requirements.
Additionally requires the California Department of Health
Care Services (DHCS) to annually certify group homes
seeking classification as RCL 13 or 14 and permits such
facilities to accept minor dependents who are seriously
or emotionally disturbed if certain conditions are met.
(WIC 11469, WIC 4096.5 and HSC 1502.4)
This bill :
1.Requires CDSS to conduct an unannounced visit to any
group home that over a six month period has an average of
more than one call per month to law enforcement from
facility staff alleging specific crimes by residents, as
specified.
2.Requires that licensing reports of unannounced
inspections for this purpose shall be provided to the
division of CDSS responsible for determining and auditing
rate classification levels and to any other public agency
that has certified the facilities program, or components
of the program.
3.Requires CDSS to publish and make available the following
information regarding community care facilities providing
residential care to minors:
The number of licensing complaints, type of
complaint, outcomes of complaints including
citations, fines, exclusion orders, license
suspensions, revocations and surrenders;
The number of law enforcement contacts made by
STAFF ANALYSIS OF ASSEMBLY BILL 388 (Chesbro)
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the facility staff or residents, the type of
incidents, whether staff, residents or both were
involved, the gender, race, ethnicity and age of
residents involved, and the outcomes, including
arrests, removals of residents from placement and
termination or suspension of staff.
1.Requires facilities to report to CDSS Community Care
Licensing Division upon the occurrence of any incident in
which a resident of the facility has contact with law
enforcement, and requires specified follow-up reports to
be provided quarterly.
2.Requires existing joint protocols developed between
county child welfare and probation departments regarding
cross over status youth to do the following:
Require immediate notification of the child
welfare service department and the minor's
dependency attorney when a dependent child is
referred to probation;
Establish procedures for the release to and
placement by the child welfare services department
pending resolution of the determination of status;
Establish timelines for dependents in secure
custody to ensure speedy resolution to the
determination of status;
Consider whether the alleged conduct was within
the scope of behaviors to be managed and treated by
the foster home or facility, as identified in
specified care plans for the minor or facility;
Establish nondiscrimination provisions to
ensure that dependents are provided with any option
that would otherwise be available to a non-dependent
minor.
1.Provides that if the alleged conduct that appears to
bring the dependent minor within the delinquency
jurisdiction occurs under the supervision of a foster
home, group home, or other licensed facility that
provides residential care for minors, the county
probation department and the child welfare services
department shall consider whether the alleged conduct was
STAFF ANALYSIS OF ASSEMBLY BILL 388 (Chesbro)
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in the scope of behaviors to be managed or treated by the
foster home or facility, as identified in the minors case
plan, needs and services plan, placement agreement,
facility plan of operation, or facility emergency
intervention plan, in determining which status will serve
the best interests of the minor and the protection of
society.
2.Requires that at a detention hearing, the court's
decision to detain a dependent minor shall not be based
on the minor's status as a dependent of the court of the
child welfare services department's inability to provide
a placement for the minor.
3.Requires that at the detention hearing, the court's
decision to detain a dependent minor shall not be based
on a finding that continuance in the minor's current
placement is contrary to the minor's welfare.
Additionally requires that if the court determines that
continuance in the minor's current placement is contrary
to the minor's welfare, the court shall order the child
welfare services department to place the minor in another
licensed or approved placement.
4.Requires that, at the detention hearing, if the court
orders release of a dependent minor, the court shall
order the child welfare services department either to
ensure that the minor's current foster parent or
caregiver take physical custody of the minor, or that the
court takes take physical custody of the minor and places
the minor in a licensed or approved placement.
5.Provides that a court shall waive a restitution fine of a
dependent minor, who is ordered to pay restitution as a
result of conduct that is described in number six above.
Additionally provides that if the victim is a group home
or licensed residential facility in which the minor was
placed, or an employee the facility, restitution shall be
limited to out-of-pocket expenses that are not covered by
insurance and are paid by the facility or employee.
STAFF ANALYSIS OF ASSEMBLY BILL 388 (Chesbro)
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6.Requires DHCS to review its certification of a group home
RCL 13 or 14 upon receipt of notification from CDSS of
any adverse licensing action taken during an unannounced
visit conducted pursuant to this bill.
7.Requires CDSS to consult with specified governmental
agencies and other stakeholders to develop additional
performance standards and outcome measures that require
group homes to implement programs and services to
minimize law enforcement contacts and delinquency
petition filings against dependent minors, as specified.
FISCAL IMPACT
The current language of this bill has not been analyzed by
a fiscal committee.
BACKGROUND AND DISCUSSION
Purpose of the bill:
According to the author, older children and teens who are
in foster care due to parental abuse or neglect are often
placed in group homes and other residential facilities,
because of a shortage of foster homes for older children,
or because they have special needs or mental health issues.
The author states that group homes are licensed to provide
safe and supportive care, and to address these children's
traumatic history and special needs.
The author additionally states that some group homes are
overly reliant on law enforcement to address behavioral
issues with youth leading to the youth's arrest for minor
incidents that would not trigger justice system involvement
for youth who live with their own parents (e.g. fights
between two youth, yelling at staff, breaking or throwing
objects). Once arrested, the author states that many foster
youth are needlessly detained in juvenile halls and other
locked facilities.
STAFF ANALYSIS OF ASSEMBLY BILL 388 (Chesbro)
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Group Homes
Group homes are 24-hour residential facilities licensed by
CDSS to provide board and care to foster youth from both
the dependency and delinquency jurisdictions. Group home
facilities are organized under a system of rate
classification levels (RCLs) ranging from 1-14 that are
based on levels of professional training and adult-to-child
ratios. In practice, the majority of group homes are RCL 10
and above with nearly 50 percent of groups homes at RCL 12.
There is wide variation in group home size from as few as
six children to group homes that house more than 100
children.
Existing law requires that children removed from their
homes and made dependents of the court be placed in the
most family-like and "least restrictive" setting. Group
home placements are the most restrictive form of
out-of-home care available for dependent youth, but are
considered a less restrictive (unlocked) placement option
for delinquent youth. Existing law requires counties to
seek timely permanent placements, such as guardianship or
adoption, for dependent youth that are removed from their
homes. Group homes, which provide an institutional type of
care as opposed to a family like setting, are not intended
to be long term placements, however in practice many
children placed in group homes remain in that setting for
the duration of their time in foster care, and many age out
of the system while residing in group home placements.
While in a group home program, children receive services
and treatment designed to eliminate or reduce the
conditions, behaviors and characteristics that led to their
group home placement, and to teach new, more adaptive
skills and behavior.<1>
-------------------------
<1> California Alliance for Child and Family Services.
Group Homes for Foster Children Fact Sheet
http://c.ymcdn.com/sites/www.cacfs.org/resource/resmgr/advoc
acy/publicpolicy10.pdf
STAFF ANALYSIS OF ASSEMBLY BILL 388 (Chesbro)
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Group Home Rate Classification
Existing law provides for the classification of group home
programs for the purpose of establishing AFDC-FC rates.
Through regulation, CDSS implemented the Rate
Classification Level (RCL) point system in which the hours
of child care and supervision, social work activities, and
mental health treatment services provided to children, are
weighted to take into consideration experience, education,
training, and professional qualifications of the staff.
These are calculated and then divided by an adjusted
expected capacity of the group home program.
Group Home Rate Classification Structure Effective
July 1, 2013<2>
--------------------------------------------------
|RCL |Point Ranges |Standard Rate |
|----------------+----------------+----------------|
|1 |Under 60 |$2,282 |
|----------------+----------------+----------------|
|2 |60-89 |$2,851 |
|----------------+----------------+----------------|
|3 |90-119 |$3,419 |
|----------------+----------------+----------------|
|4 |120-149 |$3,986 |
|----------------+----------------+----------------|
|5 |150-179 |$4,550 |
|----------------+----------------+----------------|
|6 |180-209 |$5,121 |
|----------------+----------------+----------------|
|7 |210-239 |$5,689 |
|----------------+----------------+----------------|
|8 |240-269 |$6,259 |
|----------------+----------------+----------------|
|9 |270-299 |$6,825 |
|----------------+----------------+----------------|
-------------------------
<2> ACL NO. 13-62
http://www.dss.cahwnet.gov/lettersnotices/EntRes/getinfo/acl
/2013/13-62.pdf
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|10 |300-329 |$7,394 |
|----------------+----------------+----------------|
|11 |330-359 |$7,959 |
|----------------+----------------+----------------|
|12 |360-389 |$8,529 |
|----------------+----------------+----------------|
|13 |390-419 |$9,104 |
|----------------+----------------+----------------|
|14 |420 & Up |$9,669 |
--------------------------------------------------
The lowest currently licensed group home RCL is a level 4
while most facilities range from RCL 8 or higher. Every
year, CDSS issues an updated rate structure based on
required increases associated with the California
Necessities Index.
Group homes classified as RCL 13 and 14 are permitted to
accept a child assessed as seriously emotionally disturbed
as long as the child does not need inpatient care in a
licensed health facility.<3> To receive this
classification, a facility may only accept children who
have been assessed as seriously emotionally disturbed
through an interagency placement committee, or by a
licensed mental health professional. These group homes
must be both licensed by CDSS and certified by DHCS as a
program that provides mental health treatment services for
seriously emotionally disturbed children.
Incident Reports
Current law requires group home administrators to file
incident reports with CDSS, including when law enforcement
is involved. Such reports must include the date, time,
duration and location of the incident and a detailed
narrative describing the incident and the events leading up
to incident. Additionally, the incident report is required
to include a description of other incidents involving the
same child in the preceding six months, whether there are
-------------------------
<3> Health and Safety Code Section 1502.4
STAFF ANALYSIS OF ASSEMBLY BILL 388 (Chesbro)
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commonalities between the current and previous incidents,
and a description of the facility's plan to respond to the
incident, including modifications to the child's needs and
services plan.<4> Such incidents are required to be
discussed in the quarterly meetings of the board of
directors and the minutes of such meetings are to be made
available to CDSS licensing analysts.
This bill would additionally require the facility to
provide a follow-up report, at least quarterly, for each
incident involving law enforcement, including the type of
incident, whether involving staff, residents, or both, the
gender, race, ethnicity, and age of residents involved, and
the outcomes, including arrests, removals of residents from
placement, and termination or suspension of staff.
Group Home Program Statement
Group homes are required to establish a "group home program
statement" that includes a training plan that is
appropriate for the client population and the training
needs and skill level of child care staff. Through
regulation, existing law provides that newly hired staff
complete at least 24 hours of training within 90 days of
being hired, and 40 hours within 12 months, as specified,
with all existing staff receiving 20 hours annually.
Regulations provide for the minimum topics that must be
included (e.g. discipline policies and procedures, behavior
problems/psychological disorders, and mental
health/behavioral interventions). Social work staff are
required to establish a "needs and services plan" for each
child that identifies the specific needs of an individual
child, and delineates those services necessary in order to
meet the child's identified needs.
Group homes are required to submit to the department an
emergency intervention plan, identifying how the facility
will use emergency interventions to address aggressive or
assaultive behavior of residents. The plan is required to
-------------------------
<4> Title 22 CCR 84061
STAFF ANALYSIS OF ASSEMBLY BILL 388 (Chesbro)
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be designed by the licensee and a qualified behavior
management consultant and must be appropriate for the
client population served by the group home, and for the
staff qualifications and staff emergency intervention
training.<5> The emergency intervention plan is intended to
address some of the circumstances in which facility staff
may contact law enforcement, however that particular
intervention is not required to be addressed in the plan.
Juvenile Court
Juvenile Delinquency proceedings, governed by WIC 602,
involve children under the age of 18 alleged to have
committed a delinquent act which would be a crime if
committed by an adult including robbery, murder, drug
offenses and prostitution. Under WIC 602, the court may
find a minor to be a ward of the court and place a child
under the responsibility of the county probation
department. The Juvenile Court of a county oversees
multiple types of proceedings including dependency and
delinquency cases and status offenses, and these courts
make important determinations regarding the safety,
wellbeing and placement of children found to be under court
jurisdiction. The Juvenile Court has authority in
delinquency and dependency cases to take a broad range of
actions including removing children from their homes and
establishing a placement order for children to reside with
relatives or in foster care; terminating parental rights,
requiring county child welfare or probation departments or
other agencies to provide a range of services such as
family reunification services, counseling and others.
In delinquency cases, where the minor has committed a
crime, the court may order children to be confined in
locked facilities, such as juvenile detention halls, camps,
and the Division of Juvenile Justice. When arresting a
minor, local law enforcement has significant discretion
over whether to order the youth to juvenile hall and refer
the case to the county probation department or whether to
release the minor and return her home. If law enforcement
-------------------------
<5> Title 22 CCR 84322
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brings a youth to a juvenile hall, probation officials have
discretion over how to process the case. A probation
officer may decide to close or transfer the case, the
officer may place the youth on informal probation or in a
diversion program, or the officer may file a petition for a
court hearing. About one-half of the cases referred to
probation result in the filing of a petition with the
juvenile court for a hearing.<6>
Based on information provided by the probation officer, the
delinquency court determines whether to make the juvenile a
ward of the court and determines the appropriate placement
and treatment. Nearly 60 percent of juvenile delinquency
court hearings result in the juvenile being made a ward of
the court, and the majority of those are placed in home
supervision under the probation department. Most of the
remaining youth are placed in a county facility, such as
juvenile hall or camp or are placed in foster care or a
group home. In 2012, CDSS reports there were 4,621
probation-supervised foster youth, with more than 1,200 of
them residing in Los Angeles County.
Some counties have established "dual jurisdiction"
proceedings, governed by WIC 241.1, which permit the
development of joint written protocols to determine which
status will serve the best interests of the minor and the
protection of society. The recommendations of both
departments are presented to the Juvenile Court with the
petition that is filed on behalf of the minor, and the
court determines which status is appropriate for the minor.
COMMENTS
1. The author notes that he is continuing conversations
with CDSS and interested stakeholders regarding how many
law enforcement visits should trigger a licensing
------------------------
<6>
http://oag.ca.gov/sites/all/files/pdfs/cjsc/publications/mis
c/jj09/preface.pdf
STAFF ANALYSIS OF ASSEMBLY BILL 388 (Chesbro)
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inspection. The author states that the intent of the
bill is to identify outlier facilities in a non-punitive
manner aimed at strengthening the department's oversight
of and assistance provided to facilities that may have
an excessive number of law enforcement contacts
indicating the need for changes to the programming,
training, or staffing levels of the facility.
2. It is unclear what types of facilities are intended to
be subject to the requirements of this bill. The
provisions related to licensing inspections are added to
a subparagraph that applies to annual inspections, a
specific form of licensing inspection. This bill
establishes a trigger mechanism for a licensing
inspection and may warrant its own subparagraph within
HSC 1534 or in a new section. Should the bill move
forward, the author may wish to consider moving this
section of the bill to create a new HSC 1534 (c).
3. It is unclear whether the trigger inspection would
count towards CDSSs required inspection, currently
required to occur no less than every 5 years. Should the
bill move forward, staff recommends that the author
clarify that the trigger inspection would fulfill the
department's obligatory unannounced inspection visit.
Related Legislation:
AB 2607 (Skinner) 2014 would require that minors or
nonminors be released from juvenile detention as ordered,
unless the court determines that a delay in release from
detention is reasonable, as specified. Additionally the
bill provides that if a minor was in foster care at the
time the delinquency petition was filed, the probation
officer's failure to identify an placement for the minor in
the case plan is not reasonable cause for delay.
PRIOR VOTES
The current version of this bill has not been voted upon.
STAFF ANALYSIS OF ASSEMBLY BILL 388 (Chesbro)
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POSITIONS
Support: Public Counsel (Co-Sponsor)
Children's Law Center
John Burton Foundation for Children Without
Homes
Oppose: None received.
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