BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Kevin de Le�n, Chair
AB 1171 (Levine) - Child welfare services: electronic records.
Amended: August 12, 2013 Policy Vote: Human Services 6-0
Urgency: No Mandate: No
Hearing Date: August 30, 2013
Consultant: Jolie Onodera
SUSPENSE FILE.
Bill Summary: AB 1171 would authorize a county to, no later than
July 1, 2014, develop and implement a voluntary pilot program
for a period of three years to provide specified foster youth
and nonminor dependents, as defined, the opportunity to create
and access a personal online electronic record containing
necessary information and documents, as specified. In addition,
this bill:
Requires the Department of Social Services (DSS) to determine
which counties are authorized to participate in the pilot
program, as specified, and provides that the pilot program may
be developed and implemented only if there are three or more
counties participating in the program.
Requires the DSS, in consultation with the Office of Systems
Integration, the California Child Welfare Council, and other
appropriate state agencies, to seek guidance on interagency
protocols, technical specifications, and information in order
to assist the counties as they establish electronic records.
Requires the participating counties, in consultation with the
DSS, to submit a report to specified legislative committees no
later than December 1, 2016, evaluating the pilot program and
providing recommendations as to whether the pilot should be
extended, expanded, or made permanent.
Provides that the pilot program shall be implemented only if
the Director of Finance makes a written determination that
there are sufficient funds available from sources other than
the General Fund for this purpose.
Fiscal Impact:
Significant costs to implement a three-county pilot program
potentially in excess of $500,000 (non-General Fund) for
system changes and staffing in order to meet the July 1
implementation date. Because the pilot program is contingent
upon a minimum of three participating counties but does not
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set a maximum number of counties, costs could be significantly
greater.
Potentially significant local costs for counties to assist
foster youth and nonminor dependents with obtaining documents,
as well as training on creating, maintaining, and protecting
the online electronic records. Per Proposition 30, the bill's
provisions could require the state to provide annual funding
for any local cost increases.
One-time local costs to participating counties to evaluate the
pilot and submit the legislative report with recommendations.
Staff notes evaluation of the pilot and recommendations may be
better suited to be conducted by DSS.
Significant future cost pressure potentially in the hundreds
of thousands to low millions of dollars (General Fund/2011
LRF) to the extent the pilot is extended or expanded to
additional counties or statewide.
Background: Under existing law, at any termination of dependency
hearing, a county welfare department (CWD) is required to submit
a report verifying that specified information has been provided
to a nonminor dependent including written information about the
nonminor's case and essential personal documents such as a
social security card, a certified copy of the birth certificate,
a health and education summary, driver's license or
identification card, and a letter containing information about
dates during which the nonminor was a foster youth. In addition,
current law requires that at the last review hearing to be held
before a foster youth attains 18 years of age, the report
provided by the CWD shall describe efforts made toward providing
such information and documents.
This bill seeks to provide a means for foster youth
transitioning from dependency or probation the opportunity to
have access to essential, timely, and accurate records in
electronic format to assist them to successfully transition to
adulthood.
Proposed Law: This bill authorizes a county to, no later than
July 1, 2014, develop and implement a voluntary three-year pilot
program to provide foster youth, including nonminor dependents,
who are 16 years of age or older, with access to an online
electronic record of specified documents and information.
Specifically, this bill:
Requires the DSS to determine which counties are authorized to
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participate in the pilot program, as specified, and provides
that the pilot program may be developed and implemented only
if there are three or more counties participating in the
program.
Requires the DSS, in consultation with the OSI, the California
Child Welfare Council, and other appropriate state agencies,
to seek guidance on interagency protocols, technical
specifications, and information in order to assist the
counties as they establish electronic records.
Provides that the participating counties, in consultation with
DSS, may use existing online electronic systems for purposes
of the pilot program in order to reduce costs.
Requires the online electronic record to allow the foster
youth to view, download, upload, and transmit, as appropriate,
necessary information and documents.
Requires a social worker, probation officer, or other
authorized county or court representative to assist a foster
youth or nonminor dependent with establishing the electronic
record and obtaining information and electronic copies of the
documents for purposes of the pilot program, as well as
training the foster youth or nonminor dependent in the use,
maintenance, and protection of the record.
Provides that the documents and information to be included in
the electronic record shall include the following:
o Medical or health records.
o A copy of the birth certificate.
o A copy of the social security card.
o A letter documenting the foster youth's status
as a ward or dependent of the court.
o Special immigrant juvenile status, if
applicable.
o Educational records, including transcripts and
diploma or equivalency certificate, if permitted by
state and federal privacy laws.
o A copy of the driver's license or
identification card.
o Background and contact information for
siblings and other family members, as appropriate.
o A copy of the transitional independent living
case plan, if applicable.
o Application to seal juvenile court records.
o Any additional records as determined necessary
by the DSS Director.
Provides that access to the electronic record shall be
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limited to the foster youth or nonminor dependent and any
individual whom he or she authorizes to access the record.
Provides that any necessary efforts to provide for the
security of the electronic record, including online
security protocols must be taken to protect the privacy of
the foster youth as determined by the DSS Director.
Requires the participating counties, in consultation
with DSS, to submit a report to specified legislative
committees no later than December 1, 2016, evaluating the
pilot program and providing recommendations as to whether
it should be extended, expanded, or made permanent.
Provides that the bill's provisions shall be implemented
only if the Director of Finance makes a written
determination that there are sufficient funds available
from sources other than the General Fund for this purpose.
Related Legislation: SB 343 (Yee) 2013 revises and recasts
existing law which specifies the documents and information
required to be provided to a dependent youth prior to
terminating dependency. This bill is pending in the Assembly
Committee on Appropriations.
AB 643 (Stone) 2013 allows child welfare caseworkers to access
transcripts and report cards for foster youth while maintaining
important privacy protections. This bill is pending on the
Governor's Desk.
Staff Comments: The bill's provisions could potentially require
significant costs to develop, implement, and oversee a
three-county pilot program in excess of $500,000 (non-General
Fund) for system changes and staffing in order to meet the July
1 implementation date specified in the bill. Because the bill
provides that the pilot program is contingent upon a minimum of
three participating counties but does not set a maximum number
of counties, program costs could be significantly greater.
Given the numerous issues involved in developing such a system
of electronic records (automation changes, privacy protections,
data access, security, training, interagency protocols, etc.),
it is unknown at this time if a minimum of three counties would
be able to implement the provisions of this bill by July 1,
2014, as required under the provisions of this measure.
The participating counties, in consultation with DSS, would be
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required to submit a report to the Legislature evaluating the
pilot, however, staff notes that the evaluation of the pilot and
recommendations for extension, expansion, or permanency may
better be suited to oversight entities like the DSS rather than
the participating counties themselves. Staff recommends that the
evaluation of the pilot not only include the operational aspects
of the pilot but also a fiscal analysis of the pilot program in
order for the Legislature to assess the potential costs/benefits
of extending or expanding the provision of electronic records to
foster youth and nonminors in additional counties.
To the extent the pilot program is implemented, the counties
would likely incur significant local costs (2011 LRF) for
assisting foster youth and nonminor dependents with obtaining
documents, as well as training on creating, maintaining, and
protecting their online electronic records. In addition, there
would be significant future cost pressure potentially in the
hundreds of thousands to low millions (General Fund/2011 LRF) to
the extent the pilot is extended or expanded statewide.
Prior to Fiscal Year (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 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
monthly visits to foster youth 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 do not create a mandate on local
agencies, 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.
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