BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Kevin de León, Chair
AB 921 (Jones-Sawyer) - Child welfare services: social workers.
Amended: May 2, 2013 Policy Vote: PS 5-2, JUD 5-2
Urgency: No Mandate: Yes
Hearing Date: August 12, 2103
Consultant: Jolie Onodera
This bill meets the criteria for referral to the Suspense File.
Bill Summary: AB 921 would enact the Child Welfare Social Worker
Empowerment and Foster Child Protection Act to provide specified
protections for county child welfare social workers.
Specifically, this bill:
Increases the misdemeanor punishments for the crimes of
assault and battery of a county child welfare social worker
from up to six months in county jail to up to one year in
county jail.
Requires county boards of supervisors to adopt an ordinance by
January 1, 2015, prohibiting a policy that prevents a county
child welfare social worker from disclosing or reporting
information that the social worker has reasonable cause to
believe discloses a policy or practice that endangers the
health or well-being of a child or violates the law, as
specified, or from retaliating against the employee for
disclosing or reporting such information.
Provides that in addition to other penalties or damages, a
county that adopts an ordinance described above shall be
liable for a civil penalty up to $10,000 for each violation,
and the employee's reasonable attorney's fees and costs.
Requires counties to consult with specified stakeholders in
developing county self-assessments and county improvement
plans, or in any subsequent county self-assessments, and
requires counties to consult with at least one county child
welfare worker named by the bargaining unit representing
children's social workers.
Requires the county improvement plans developed and approved
by the county board of supervisors to include a separately
titled provision that lists and provides the rationale for
proposed operational improvements identified during the
stakeholder process that may be implemented at a cost savings
to the county or within existing resources.
AB 921 (Jones-Sawyer)
Page 1
Authorizes a county child welfare social worker to comment on
a case involving a child fatality which is suspected to have
been caused by abuse or neglect, as specified.
Fiscal Impact:
Ongoing minor non-reimbursable local costs for enforcement
offset in part by fine revenue for the increased penalties
for assault or battery against a child welfare social
worker.
Unknown; potentially significant state-reimbursable costs
associated with the mandate on each county to adopt an
ordinance extending whistleblower protections exclusively to
county child welfare social workers. County agencies could
incur significant costs to provide legal defense for county
officials that would be the object of a complaint pursuant
to the whistleblower protections adopted via the mandated
ordinance.
Potential state costs in excess of $50,000 to $100,000
(General Fund) for mandated activities on local agencies
associated with the current and future development of county
self-assessments and county improvement plans.
Background: Under existing law, the misdemeanor crime of simple
assault against a person is punishable by a fine not exceeding
$1,000, imprisonment in county jail for up to six months, or by
both the fine and imprisonment. When assault is committed
against a peace officer, firefighter, emergency medical
technician, mobile intensive care paramedic, lifeguard, process
server, traffic officer, code enforcement officer, animal
control officer, or search and rescue member engaged in the
performance of his or her duties, whether on or off duty, or a
physician or nurse engaged in rendering emergency medical care,
as specified, the assault is punishable by a fine not exceeding
$2,000, imprisonment in county jail for up to one year, or by
both the fine and imprisonment.
Under existing law, the misdemeanor crime of simple battery
against a person is punishable by a fine not exceeding $2,000,
imprisonment in county jail for up to six months, or by both the
fine and imprisonment. When battery is committed against a peace
officer, custodial officer, firefighter, emergency medical
technician, lifeguard, security officer, custody assistant,
process server, traffic officer, code enforcement officer,
animal control officer, or search and rescue member engaged in
AB 921 (Jones-Sawyer)
Page 2
the performance of his or her duties, whether on or off duty, or
a physician or nurse engaged in rendering emergency medical
care, as specified, the battery is punishable by a fine not
exceeding $2,000, imprisonment in county jail for up to one
year, or by both the fine and imprisonment.
The California Whistleblower Protection Act (CWPA) provides
whistleblower protection for state employees who report waste,
fraud, abuse of authority, violations of law, or threats to the
public. This bill would provide whistleblower protection for
county child welfare social workers who report information
regarding a policy or practice that endangers the health or
well-being of a child or that is in violation of the law.
Existing law establishes a system of child welfare services for
abused and neglected children which is overseen by the
Department of Social Services (DSS) and administered by
individual counties. Chapter 678/2001 established the California
Child and Family Service Review (CFSR) System in order to review
all county child welfare systems according to outcome indicators
and to identify and promote the replication of best practices in
CWS delivery. Under current law, DSS is required to provide
information annually to the appropriate policy and budget
committees of the Legislature including findings and
recommendations for CWS improvements identified in county
self-assessments and county system improvement plans.
Existing law authorizes the DSS and county welfare departments
or agencies to comment on a case involving a child fatality
which is suspected to have been caused by abuse or neglect. This
bill would also authorize a county child welfare social worker
to comment on the case within the scope of the release of
documents by the custodian of records.
Proposed Law: This bill enacts the "Child Welfare Social Worker
Empowerment and Foster Child Protection Act.," as follows:
Expands the scope of the misdemeanor crimes of simple assault
and simple battery to include social workers employed by a
county in child welfare, as defined, while engaged in the
performance of their duties, as specified.
Requires a county board of supervisors to adopt an ordinance
by January 1, 2015, that prohibits the following actions
against a social worker, who is employed by a county child
welfare agency:
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Page 3
Making, adopting, or enforcing any rule, regulation, or
policy to prevent the employee from disclosing or reporting
information to the public that the social worker has
reasonable cause to believe discloses a policy or practice
that endangers the health or well-being of a child or
violates the law.
Retaliating against the employee for disclosing or
reporting information to the public, an appointed or
elected official, or an employee or other official of a
governmental agency, where the social worker has reasonable
cause to believe that the information discloses a policy or
practice that endangers the health or well-being of a child
or violates the law.
Retaliating against the employee for refusing to
participate in an activity that would result in endangering
the health or well-being of a child or is a violation of
the law.
Provides that in addition to other penalties or damages, a
county that adopts an ordinance described above shall be
liable for a civil penalty up to $10,000 for each violation,
and the employee's reasonable attorney's fees and costs.
Provides that in a civil action or administrative proceeding
brought pursuant to that ordinance, once it has been
demonstrated by a preponderance of the evidence that an
activity was a contributing factor in the alleged prohibited
action against the employee, the employer would have the
burden of proof to demonstrate by clear and convincing
evidence that the alleged action would have occurred for
legitimate, independent reasons, even if the employee had not
engaged in the activity.
Provides that "county child welfare agency" includes a county
welfare department, child welfare department, and any other
county agency that employs social workers and is responsible
for the placement and supervision of children and youth in
foster care.
Provides that in addition to any other penalty provided by
law, a person who intentionally engages in acts of reprisal,
retaliation, threats, coercion, or similar acts against an
employee of a county child welfare agency for a violation of
the ordinance shall be liable in a civil action for damages
brought against him or her by the injured party.
Authorizes a county child welfare social worker to comment on
a case involving a child fatality which is suspected to have
been caused by abuse or neglect.
AB 921 (Jones-Sawyer)
Page 4
Prior Legislation: AB 1015 (Calderon) 2011 was identical to one
provision included in this measure that would have required
counties to consult with specified stakeholders when developing
county self-assessments, county improvement plans, or similar
reports, and would have required counties to include in their
CFSRs a discussion of operational improvements that could be
implemented at a cost savings or within existing resources. This
bill was held on the Suspense File of this committee.
Staff Comments: The increased penalties for the misdemeanor
crimes of assault or battery of a county child welfare social
worker is estimated to result in minor ongoing non-reimbursable
local costs for enforcement, offset to a degree by fine revenue.
By requiring each county board of supervisors to adopt an
ordinance by January 1, 2015, that prohibits specified actions
against a social worker who is employed by a county child
welfare agency, this bill could create a new local program
requiring each county to establish a process to address
complaints of violations of the new mandated whistleblower
protections for county child welfare social workers. Potential
costs are unknown, but could be substantial if determined by the
Commission on State Mandates to constitute a reimbursable
state-mandated local program.
This bill would require each county to consult with
stakeholders, including but not limited to, county child welfare
agencies and probation agency staff at all levels, foster care
providers, children's attorneys, and current and former foster
youth when developing county self-assessments, county
improvement plans, or similar reports required by any subsequent
changes to the California CFSR System. The county would
additionally be required to consult with at least one county
child welfare worker named by the bargaining unit representing
children's social workers.
This bill would also require county improvement plans that are
approved by the county board of supervisors to include a
separately titled provision that lists and provides the
rationale for proposed operational improvements identified
during the stakeholder process that may be implemented at a cost
savings to the county or within existing county resources.
AB 921 (Jones-Sawyer)
Page 5
Prior to FY 2011-12, the state and counties contributed to the
non-federal share of child welfare services expenditures. AB 118
(Committee on Budget) Chapter 40/2011 and ABX1 16 Chapter
13/2011 realigned state funding to the counties through the 2011
Local Revenue Fund (LRF) for various programs, including child
welfare services. As a result, beginning in FY 2011-12 and for
each fiscal year thereafter, non-federal funding and
expenditures for child welfare services activities including
child welfare services are funded through the 2011 Local Revenue
Fund.
Proposition 30, passed by the voters in November 2012, among
other provisions, eliminated any potential mandate funding
liability for any new program or higher level of service
provided by counties related to the realigned programs. Although
the provisions of this bill create a mandate on local agencies,
any increased costs would not appear to be subject to
reimbursement by the state. Rather, Proposition 30 specifies
that for legislation enacted after September 30, 2012, that has
an overall effect of increasing the costs already borne by a
local agency for realigned programs, the provisions shall apply
to local agencies only to the extent that the state provides
annual funding for the cost increase.
Counties currently receive an appropriation to conduct CFSR
activities and are encouraged to use existing planning processes
and community-based groups to facilitate public input in the
self-assessment and county improvement planning process. As a
result, the DSS estimates the impact associated with the
requirement to consult with additional stakeholders in the
county assessment and county improvement planning process is
estimated to be minor. However, the level of staff resources and
workload involved with the development of reports required by
future changes to the CFSR System is unknown at this time, and
could result in potentially significant state costs in order to
comply with subsequent changes to the reporting process to the
extent this legislation has an overall effect of increasing the
costs already borne by a local agency for realigned child
welfare services, and the state is required to provide annual
funding for the cost increase.
Should the development of cost neutral operational improvements
to be included in county improvement plans necessitate
additional time and resources could also result in minor to
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Page 6
significant state costs. The impact would vary by county and
would be dependent upon the breadth and scope of the operational
improvements included in each county's plan.
To the extent the provisions of this bill facilitate the
development of improved practices could result in improved
outcomes for children and assist the state in ensuring
compliance with required federal standards.
Recommended Amendments: In order to remove potential state costs
pursuant to Proposition 30 noted above, staff recommends an
amendment to revise the mandated local activities to encourage
counties to do so as a best practice.