BILL ANALYSIS �
AB 1089
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Date of Hearing: May 15, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 1089 (Ian Calderon) - As Amended: April 18, 2013
Policy Committee: Human
ServicesVote:5 - 0
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill establishes expedited timelines and procedures for the
transfer of responsibility and records, and the provision of
early intervention and developmental services, for foster
children who move from one regional center (RC) catchment area
to another, and for foster children three and under who receive
similar services from a Local Education Agency.
FISCAL EFFECT
This bill will likely not affect many children in the less
populated areas of the state or in areas where multiple counties
are covered by one RC (such as the Sacramento area) because it
is unlikely that a change in foster care placement will result
in a change in the RC catchment area. However, in Los Angeles
and the Bay Area, multiple RCs provide services to
developmentally disabled children and adults. A child could
easily be moved a very short distance and wind up in a new
catchment area.
Requiring RCs to expedite transfers and establish services
within days, rather than within weeks, could result in cost
pressure for RCs that have taken cuts in funding over recent
years. It is not unknown how much cost pressure this would
create because it is difficult to know how many children might
be affected. However, cost pressures could easily exceed
$100,000 dollars statewide.
COMMENTS
1)Rationale . The intent of this legislation is to ensure timely
AB 1089
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access to required interventions and services for foster
children who move from one placement to another. This bill
creates expedited timelines for the transfer of files and
provision of services to children in foster care who are also
receiving early intervention services and other developmental
services through a regional center or local education agency.
Additionally, this bill provides consumers with greater access
to their regional center records, free of charge.
Specifically this bill requires that upon the relocation of a
foster child, the RC currently providing services must forward
the physical case files of the child no more than two days
after notification of the child's move to the new RC. The bill
requires that the receiving RC must provide equal or
comparable services to the child within five days of receiving
notification of the child's move.
The bill also applies parallel timelines for foster children
under the age of three who receive similar services from a
local education agency. Finally the bill provides foster
children free access to medical records and case file
materials held by RCs for the purpose of applying to or
appealing for eligibility for public benefit programs.
2)Transfers of RC consumers. Current statute requires a RC that
receives a consumer from another catchment area to authorize
and pay for the same services or comparable services the
consumer was receiving under his or her individual program
plan (IPP) through the previous RC, if available. This occurs
while a new IPP meeting is pending, which is required to occur
within 30 days if the same services provided for in the
consumer's IPP do not exist in the new catchment area.
Statute also requires the RC to provide alternative services
to meet the consumer's needs pending the development of a new
IPP.
3)Opposition . The Association of Regional Center Agencies
(ARCA) contend frequent movement of foster children,
particularly those under the age of three, requires the
coordination of several local agencies to ensure the
continuity of services. Thus, the actions of other agencies
impact the pace at which regional centers can initiate
services in a child's new community. Any proposed legislative
solution must outline the roles and responsibilities of each
involved agency. According to ARCA, AB 1089 places
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significant workload requirements and fiscal pressures on
regional centers without fully outlining the role of child
welfare agencies and the local courts in ensuring the smooth
transition of children from one area to another.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081