BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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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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