BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 921|
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THIRD READING
Bill No: AB 921
Author: Jones-Sawyer (D)
Amended: 9/3/13 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-2, 6/11/13
AYES: Hancock, Block, De León, Liu, Steinberg
NOES: Anderson, Knight
SENATE JUDICIARY COMMITTEE : 5-2, 6/25/13
AYES: Evans, Corbett, Jackson, Leno, Monning
NOES: Walters, Anderson
SENATE APPROPRIATIONS COMMITTEE : 6-1, 8/30/13
AYES: De León, Gaines, Hill, Lara, Padilla, Steinberg
NOES: Walters
ASSEMBLY FLOOR : 49-22, 5/24/13 - See last page for vote
SUBJECT : Child welfare services
SOURCE : Childrens Advocacy Institute
Service Employees International Union
DIGEST : This bill enacts the Child Welfare Social Worker
Empowerment and Foster Child Protection Act to provide specified
protections for county child welfare social workers.
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ANALYSIS :
Existing law:
1. Requires the Department of Social Services (DSS) to establish
the "California Child and Family Service Review System
(Review System), in order to review all county child welfare
systems. These reviews shall cover child protective
services, foster care, adoption, family preservation, family
support, and independent living." (Welfare and Institutions
Code [WIC] Section 10601.2.)
2. Requires DSS to provide information to the Assembly Budget
Committee and the Senate Budget and Fiscal Review Committee
and appropriate legislative policy committees annually,
beginning with the 2002-03 fiscal year, on specified progress
relating to the review required by this section, including
the findings and recommendations for child welfare system
improvements identified in county self-assessments and county
system improvement plans, as specified. (WIC Section
10601.2(f).)
3. Requires that the Review System "outcome indicators" be
consistent with federal child and family service review
measures and standards for child and family outcomes and
system factors, as specified, and sets forth requirements for
reviews according to outcome indicators, as specified.
4. Requires that within five business days of learning that a
child fatality has occurred in the county and that there is a
reasonable suspicion that the fatality was caused by abuse or
neglect, the custodian of records for the county child
welfare agency, upon request, shall release specified
information. (WIC Section 10850.4.)
5. Provides that once documents have been released by the
custodian of records, DSS or the county welfare department or
agency may comment on the case within the scope of the
release. (WIC Section 10850.4(h).)
This bill:
1. Enacts the Child Welfare Social Worker Empowerment and Foster
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Child Protection Act.
2. Adds "any county child welfare social worker" to the list of
entities authorized to comment on a case, as specified in WIC
Section 10850.4.
3. Requires that the county improvement plans developed pursuant
to WIC Section 10601.2 that are approved by the county board
of supervisors shall 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.
4. Provides that a county child welfare agency that is an
employer of social workers engaged in providing child welfare
services shall not retaliate against a social worker if the
social worker has reasonable cause to believe that a policy,
procedure, or practice related to the provision of child
welfare services endangers the health or well-being of a
child or children and the social worker discloses this
information to a government or law enforcement agency, an
appointed or elected official, or the public.
5. Makes legislative findings and declarations.
Comments
The author's office states, this bill imposes what is in essence
an empowering suggestion box for social workers engaged in child
welfare. This bill will also ensure that social workers who
speak out against policies and practices that endanger children
cannot be retaliated against for doing so. This bill
establishes a process where social worker generated improvements
and recommendations are included in child welfare services
systemic reform discussions and in county planning documents.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Ongoing minor non-reimbursable local costs for enforcement
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offset in part by fine revenue for the increased penalties for
assault or batter against a child welfare social worker.
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.
SUPPORT : (Verified 8/30/13)
Children's Advocacy Institute (co-source)
Service Employees International Union (co-source)
ASSEMBLY FLOOR : 49-22, 5/24/13
AYES: Alejo, Ammiano, Atkins, Bloom, Blumenfield, Bocanegra,
Bonilla, Bradford, Buchanan, Ian Calderon, Campos, Chau,
Chesbro, Cooley, Daly, Dickinson, Eggman, Fong, Fox, Frazier,
Garcia, Gatto, Gomez, Gordon, Gray, Hall, Roger Hernández,
Jones-Sawyer, Levine, Lowenthal, Medina, Mitchell, Mullin,
Muratsuchi, Nazarian, Pan, Perea, V. Manuel Pérez, Quirk,
Quirk-Silva, Rendon, Salas, Stone, Ting, Weber, Wieckowski,
Williams, Yamada, John A. Pérez
NOES: Achadjian, Allen, Bigelow, Chávez, Conway, Dahle,
Donnelly, Beth Gaines, Gorell, Hagman, Harkey, Jones, Linder,
Logue, Maienschein, Mansoor, Melendez, Morrell, Nestande,
Olsen, Patterson, Wagner
NO VOTE RECORDED: Bonta, Brown, Grove, Holden, Skinner,
Waldron, Wilk, Vacancy, Vacancy
JG:d 9/3/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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