Amended in Senate August 19, 2014

Amended in Senate June 15, 2014

Amended in Assembly May 7, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1978

Introduced by Assembly Member Jones-Sawyer

February 19, 2014

An act to amend Sections 10601.2 and 10850.4 of, and to add Section 10605.5 to, the Welfare and Institutions Code, relating to child welfare services.

LEGISLATIVE COUNSEL’S DIGEST

AB 1978, as amended, Jones-Sawyer. Child welfare services.

Under existing law, the State Department of Social Services oversees the administration of county public social services, including child welfare services. Existing law requires the department to establish the California Child and Family Service Review System, in order to review all county child welfare systems.

This bill, in relation to these reviews, would require each county to consult with specified stakeholders in developing the county self-assessments and county improvement plans, or any subsequent county self-assessments, as specified. The bill would also require the county improvement plans to include a separately titled provision that lists and provides the rationale for proposed operational improvements that may be implemented at a cost savings to the county or within existing resources. By increasing begin insert the end insert duties of county officials, the bill would impose a state-mandated local program.

Existing law authorizes the department to conduct or have conducted audits and reviews in order to meet its obligations for child welfare programs and to ensure the protection of children and families. begin insert Existing law, the California Whistleblower Protection Act, end insert begin insert prohibits retaliation or reprisal against a state employee for repor end insert begin insert ting improper governmental activities or making protected disclosures. end insert

This bill would begin delete prohibit a county child welfare agency that is an employer of social workers engaged in providing child welfare services from retaliating 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. end delete begin insert prohibit an employee of a county child welfare agency from directly or indirectly using or attempting to use his or her official authority or influence for specified purposes, including intimidation or coercion of a county social worker, if that county social worker has reasonable cause to believe that a policy, procedure, or practice constitutes improper governmental activity, as defined, and the social worker discloses the information to a government or law enforcement agency, an appointed or elected official, or the public. end insert

Existing law authorizes the department and the county welfare department or agency to comment on a child fatality once certain documents from the child’s case file have been released by the custodian of records, within the scope of the release.

This bill would additionally authorize a county child welfare social worker to comment for purposes of these provisions, as specified.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

(a) This act shall be known as the Child Welfare
Social Worker Empowerment and Foster Child Protection Act.

(b) The Legislature finds and declares that, while California
foster children are in foster care, they are uniquely dependent upon
the lawful, efficient, and competent delivery of state and local
government services and implementation of state and federal law.

(c) The Legislature further finds and declares that the special
and uniquely vulnerable status of foster children warrants extending
whistleblower protections for state employees to county child
welfare social workers to ensure that each worker, without fear of
retaliation, can advocate for policies that benefit every child and
publicly participate in discussions about each child’s well-being.

(d) The Legislature further finds and declares that county child
welfare social workers who implement state and federal policy
related to the delivery of services and implementation of programs
benefitting foster children should have an avenue to suggest
cost-saving efficiencies in the delivery of services to foster
children, in a fashion that is transparent and accountable to the
public.

SEC. 2.  

Section 10601.2 of the Welfare and Institutions Code
is amended to read:

10601.2.  

(a) The State Department of Social Services shall
establish, by April 1, 2003, the California Child and Family Service
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.

(b) Child and family service reviews shall maximize compliance
with the federal regulations for the receipt of money from Subtitle
E (commencing with Section 470) of Title IV of the federal Social
Security Act (42 U.S.C. Sec. 670 and following) and ensure
compliance with state plan requirements set forth in Subtitle B
(commencing with Section 421) of Title IV of the federal Social
Security Act (42 U.S.C. Sec. 621 and following).

(c) (1) (A) The California Health and Human Services Agency
shall convene a workgroup comprised of representatives of the
Judicial Council, the State Department of Social Services, the State
Department of Health Care Services, the State Department of
Education, the State Department of Justice, any other state
departments or agencies the California Health and Human Services
Agency deems necessary, the County Welfare Directors
Association, the California State Association of Counties, the Chief
Probation Officers of California, the California Youth Connection,
and representatives of California tribes, interested child advocacy
organizations, researchers, and foster parent organizations. The
workgroup shall establish a workplan by which child and family
service reviews shall be conducted pursuant to this section,
including a process for qualitative peer reviews of case information.

(B) At a minimum, in establishing the workplan, the workgroup
shall consider any existing federal program improvement plans
entered into by the state pursuant to federal regulations, the
outcome indicators to be measured, compliance thresholds for each
indicator, timelines for implementation, county review cycles,
uniform processes, procedures and review instruments to be used,
a corrective action process, and any funding or staffing increases
needed to implement the requirements of this section. The agency
shall broadly consider collaboration with all entities to allow the
adequate exchange of information and coordination of efforts to
improve outcomes for foster youth and families.

(2) In developing county self-assessments and county
improvement plans pursuant to this section, or any subsequent
county self-assessments pursuant to this section, each county shall
consult with stakeholders, including, but not limited to, county
child welfare agencies and probation agency staff at all levels,
current and former foster children, children’s attorneys, and foster
care providers. The county shall consult with at least one county
child welfare worker named by the bargaining unit representing
children’s social workers.

(d) (1) The California Child and Family Service Review System
outcome indicators shall be consistent with the federal child and
family service review measures and standards for child and family
outcomes and system factors authorized by Subtitle B (commencing
with Section 421) and Subtitle E (commencing with Section 470)
of Title IV of the federal Social Security Act and the regulations
adopted pursuant to those provisions (Parts 1355 to 1357, inclusive,
of Title 45 of the Code of Federal Regulations).

(2) During the first review cycle pursuant to this section, each
county shall be reviewed according to the outcome indicators
established for the California Child and Family Service Review
System.

(3) For subsequent reviews, the workgroup shall consider
whether to establish additional outcome indicators that support the
federal outcomes and any program improvement plan, and promote
good health, mental health, behavioral, educational, and other
relevant outcomes for children and families in California’s child
welfare services system.

(4) The workgroup shall convene as necessary to update the
outcome indicators described in paragraph (1).

(5) The county improvement plans developed pursuant to this
section 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 described in paragraph (2) of subdivision
(c) that may be implemented at a cost savings to the county or
within existing county resources.

(e) The State Department of Social Services shall identify and
promote the replication of best practices in child welfare service
delivery to achieve the measurable outcomes established pursuant
to subdivision (d).

(f) Notwithstanding Section 10231.5 of the Government Code,
the State Department of Social Services shall provide information
to the Assembly Committee on Budget and the Senate Committee
on Budget and Fiscal Review and appropriate legislative policy
committees annually, beginning with the 2002-03 fiscal year, on
all of the following:

(1) The department’s progress in planning for the federal child
and family service review to be conducted by the United States
Department of Health and Human Services and, upon completion
of the federal review, the findings of that review, the state’s
response to the findings, and the details of any program
improvement plan entered into by the state.

(2) The department’s progress in implementing the California
child and family service reviews, including, but not limited to, the
timelines for implementation, the process to be used, and any
funding or staffing increases needed at the state or local level to
implement the requirements of this section.

(3) The findings and recommendations for child welfare system
improvements identified in county self-assessments and county
system improvement plans, including information on common
statutory, regulatory, or fiscal barriers identified as inhibiting
system improvements, any recommendations to overcome those
barriers, and, as applicable, information regarding the allocation
and use of the moneys provided to counties pursuant to subdivision
(i).

(g) Effective April 1, 2003, the existing county compliance
review system shall be suspended to provide to the State
Department of Social Services sufficient lead time to provide
training and technical assistance to counties for the preparation
necessary to transition to the new child and family service review
system.

(h) Beginning January 1, 2004, the department shall commence
individual child and family service reviews of California counties.
County child welfare systems that do not meet the established
compliance thresholds for the outcome measures that are reviewed
shall receive technical assistance from teams made up of state and
peer-county administrators to assist with implementing best
practices to improve their performance and make progress toward
meeting established levels of compliance.

(i) (1) To the extent that funds are appropriated in the annual
Budget Act to enable counties to implement approaches to
improving their performance on the outcome indicators under this
section, the department, in consultation with counties, shall
establish a process for allocating the funds to counties.

(2) The allocation process shall take into account, at a minimum,
the extent to which the proposed funding would be used for
activities that are reasonably expected to help the county make
progress toward the outcome indicators established pursuant to
this section, and the extent to which county funding for the Child
Abuse Prevention, Intervention, and Treatment program is aligned
with the outcome indicators.

(3) To the extent possible, a county shall use funds in a manner
that enables the county to access additional federal, state, and local
funds from other available sources. However, a county’s ability
to receive additional matching funds from these sources shall not
be a determining factor in the allocation process established
pursuant to this subdivision.

(4) The department shall provide information to the appropriate
committees of the Legislature on the process established pursuant
to this subdivision for allocating funds to counties.

(j) (1) Counties shall continue to be responsible for and
accountable to the department for child welfare program
performance measures, including all of the following:

(A) The outcome and systemic factor measures contained in the
federal Department of Health and Human Services Child and
Family Services Review Procedures Manual, Appendix B, Index
of Outcomes and Systemic Factors, and Associated Items and Data
Indicators, issued pursuant to Sections 1355.34(b) and 1355.34(c)
of Title 45 of the Code of Federal Regulations.

(B) Information and other requirements necessary for the
California Child and Family Service Review System, as required
pursuant to this section.

(C) Monthly caseworker visits with a child in care.

(D) Timeliness to begin an investigation of allegations of child
abuse or neglect.

(E) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code), other performance measures resulting from new federal
mandates or court decrees as specified in an all-county letter issued
by the department.

(2) The department shall monitor, on an ongoing basis, county
performance on the measures specified in paragraph (1).

(3) At least once every five years, the department shall conduct
a comprehensive review of county performance on the measures
specified in paragraph (1).

(4) (A) The department shall periodically update the process
guides utilized by counties to prepare the self assessments and
system improvement plans to promote implementation and
evaluation of promising practices and use of data.

(B) The process guides also shall include, but not be limited to,
both of the following:

(i) County evaluation of demographics for the children and
families served and effectiveness of the system improvement
activities for these populations.

(ii) A description of the process by which the department and
counties shall develop mutually agreed upon performance targets
for improvement.

(5) The department, in consultation with counties, shall develop
a process for resolving any disputes regarding the establishment
of appropriate targets pursuant to the process provided in paragraph
(4).

(6) A county shall submit an update to the department, no less
than annually, on its progress in achieving improvements from the
county’s baseline for the applicable measure. The department may
require a county that has not met its performance targets to submit
and implement a corrective action plan, as determined by the
director.

(k) Beginning in the 2011-12 fiscal year, and for each fiscal
year thereafter, funding and expenditures for programs and
activities required under this section shall be in accordance with
the requirements provided in Sections 30025 and 30026.5 of the
Government Code.

SEC. 3.  

Section 10605.5 is added to the Welfare and
Institutions Code, to read:

10605.5.  

(a)  begin delete 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. end delete begin insert (1) end insert begin insert   end insert begin insert If a
county social worker who is engaged in providing child welfare
services has reasonable cause to believe that a policy, procedure,
or practice related to the provision of child welfare services
constitutes improper governmental activity and the social worker
discloses this information to a government or law enforcement
agency, an appointed or elected official, or the public, an employee
of a county child welfare agency shall not directly or indirectly
use or attempt to use his or her official authority or influence to
engage in the conduct proscribed by Section 8547.3 of the
Government Code against that county social worker. end insert

begin insert

(2) For purposes of this section, “improper governmental
activity” includes any policy, procedure, or practice related to the
provision of child welfare services that has contributed to the death
of a child or endangers the health or well-being of a child or
children.

end insert

(b) Nothing in this section authorizes a social worker employed
by a county child welfare agency to disclose the identity of a child
or any portion of a case file.

(c) For purposes of this section, “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.

SEC. 4.  

Section 10850.4 of the Welfare and Institutions Code
is amended to read:

10850.4.  

(a) 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 the following information:

(1) The age and gender of the child.

(2) The date of death.

(3) Whether the child was in foster care or in the home of his
or her parent or guardian at the time of death.

(4) Whether an investigation is being conducted by a law
enforcement agency or the county child welfare agency.

(b) All cases in which abuse or neglect leads to a child’s death
shall be subject to the disclosures required in subdivision (c). Abuse
or neglect is determined to have led to a child’s death if one or
more of the following conditions are met:

(1) A county child protective services agency determines that
the abuse or neglect was substantiated.

(2) A law enforcement investigation concludes that abuse or
neglect occurred.

(3) A coroner or medical examiner concludes that the child who
died had suffered abuse or neglect.

(c) Upon completion of the child abuse or neglect investigation
into the child’s death, as described in subdivision (b), the following
documents from the juvenile case file shall be released by the
custodian of records upon request, subject to the redactions set
forth in subdivision (e):

(1) All of the information in subdivision (a).

(2) For cases in which the child’s death occurred while living
with a parent or guardian, all previous referrals of abuse or neglect
of the deceased child while living with that parent or guardian
shall be disclosed along with the following documents:

(A) The emergency response referral information form and the
emergency response notice of referral disposition form completed
by the county child welfare agency relating to the abuse or neglect
that caused the death of the child.

(B) Any cross reports completed by the county child welfare
agency to law enforcement relating to the deceased child.

(C) All risk and safety assessments completed by the county
child welfare services agency relating to the deceased child.

(D) All health care records of the deceased child, excluding
mental health records, related to the child’s death and previous
injuries reflective of a pattern of abuse or neglect.

(E) Copies of police reports about the person against whom the
child abuse or neglect was substantiated.

(3) For cases in which the child’s death occurred while the child
was in foster care, the following documents in addition to those
specified in paragraphs (1) and (2) generated while the child was
living in the foster care placement that was the placement at the
time of the child’s death:

(A) Records pertaining to the foster parents’ initial licensing
and renewals and type of license or licenses held, if in the case
file.

(B) All reported licensing violations, including notices of action,
if in the case file.

(C) Records of the training completed by the foster parents, if
in the case file.

(d) The documents listed in subdivision (c) shall be released to
the public by the custodian of records within 10 business days of
the request or the disposition of the investigation, whichever is
later.

(e) (1) Prior to releasing any document pursuant to subdivision
(c), the custodian of records shall redact the following information:

(A) The names, addresses, telephone numbers, ethnicity,
religion, or any other identifying information of any person or
institution, other than the county or the State Department of Social
Services, that is mentioned in the documents listed in paragraphs
(2) and (3) of subdivision (c).

(B) Any information that would, after consultation with the
district attorney, jeopardize a criminal investigation or proceeding.

(C) Any information that is privileged, confidential, or not
subject to disclosure pursuant to any other state or federal law.

(2) (A) The State Department of Social Services shall
promulgate a regulation listing the laws described in subparagraph
(C) of paragraph (1) and setting forth standards governing
redactions.

(B) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code), until emergency regulations are filed with the Secretary of
State, the State Department of Social Services may implement the
changes made to Section 827 and this section at the 2007-08
Regular Session of the Legislature through all-county letters or
similar instructions from the director. The department shall adopt
emergency regulations, as necessary to implement those changes,
no later than January 1, 2009.

(C) The adoption of regulations pursuant to this paragraph shall
be deemed to be an emergency necessary for the immediate
preservation of the public peace, health, safety, or general welfare.
The emergency regulations authorized by this section shall be
exempt from review by the Office of Administrative Law. The
emergency regulations authorized by this section shall be submitted
for filing with the Secretary of State and shall remain in effect for
no more than 180 days, by which time the final regulations shall
be adopted.

(f) Upon receiving a request for the documents listed in
subdivision (c), the custodian of records shall notify and provide
a copy of the request upon counsel for any child who is directly
or indirectly connected to the juvenile case file. If counsel for a
child, including the deceased child or any sibling of the deceased
child, objects to the release of any part of the documents listed in
paragraphs (2) and (3) of subdivision (c), they may petition the
juvenile court for relief to prevent the release of any document or
part of a document requested pursuant to paragraph (2) of
subdivision (a) of Section 827.

(g) Documents from the juvenile case file, other than those listed
in paragraphs (2) and (3) of subdivision (c), shall only be disclosed
upon an order by the juvenile court pursuant to Section 827.

(h) Once documents pursuant to this section have been released
by the custodian of records, the State Department of Social Services
or the county welfare department or agency may comment on the
case within the scope of the release. If the county welfare
department or agency comments publicly about the case within
the scope of the release pursuant to this subdivision, the social
worker on the case may also comment publicly about the case
within the scope of the release.

(i) Information released by a custodian of records consistent
with the requirements of this section does not require prior notice
to any other individual.

(j) Each county welfare department or agency shall notify the
State Department of Social Services of every child fatality that
occurred within its jurisdiction that was the result of child abuse
or neglect. Based on these notices and any other relevant
information in the State Department of Social Services’ possession,
the department shall annually issue a report identifying the child
fatalities and any systemic issues or patterns revealed by the notices
and other relevant information. The State Department of Social
Services, after consultation with interested stakeholders, shall
provide instructions by an all-county letter regarding the procedure
for notification.

(k) For purposes of this section, the following definitions apply:

(1) “Child abuse or neglect” has the same meaning as defined
in Section 11165.6 of the Penal Code.

(2) “Custodian of records,” for the purposes of this section and
paragraph (2) of subdivision (a) of Section 827, means the county
welfare department or agency.

(3) “Juvenile case files” or “case files” include any juvenile
court files, as defined in Rule 5.552 of the California Rules of
Court, and any county child welfare department or agency or State
Department of Social Services records regardless of whether they
are maintained electronically or in paper form.

(4) “Substantiated” has the same meaning as defined in Section
11165.12 of the Penal Code.

(l) A person disclosing juvenile case file information as required
by this section shall not be subject to suit in civil or criminal
proceedings for complying with the requirements of this section.

(m) This section shall apply only to deaths that occur on or after
January 1, 2008.

(n) Nothing in this section shall require a custodian of records
to retain documents beyond any date otherwise required by law.

(o) Nothing in this section shall be construed as requiring a
custodian of records to obtain documents not in the case file.

SEC. 5.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.