BILL NUMBER: AB 2001 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 22, 2014
INTRODUCED BY Assembly Member Ammiano
FEBRUARY 20, 2014
An act to amend Section 300 of add and
repeal Section 18265 of the Welfare and Institutions Code,
relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2001, as amended, Ammiano. Homeless youth: dependency
proceedings. support services pilot program.
Existing law provides for a system of child welfare services
administered by each county, with oversight by the State Department
of Social Services. Existing law creates the Aid to Families with
Dependent Children-Foster Care program, under which a combination of
state, county, and federal funds, including funds provided under
Title IV-E of the federal Social Security Act, are used to provide
reimbursement to families and facilities providing foster care to
eligible children. Existing law establishes the Child Welfare Waiver
Demonstration Project, which authorizes the State Department of
Social Services to conduct a specified foster care demonstration
project in up to 20 counties, to allow flexible use of federal and
state foster care funds, as specified, based on the terms and
conditions of the federal Title IV-E waiver.
Existing law establishes homeless youth emergency service pilot
projects in the Counties of Los Angeles, Santa Clara, and San Diego,
and the City and County of San Francisco. Existing law declares that
the purpose of these projects is to examine the condition of homeless
youth in major urban areas of this state, and to develop a profile
of homeless youth in terms of background and available services, in
order to locate these youth, to provide for their emergency survival
needs, and to assist them in reunification with their parents or in
finding a suitable home.
This bill would authorize one or more counties that participate in
the Child Welfare Waiver Demonstration Project to establish a pilot
program, with the approval of the State Department of Social
Services, to develop and implement alternative child welfare services
to meet the individual needs of homeless youth in order to reduce
homelessness among children, and would require each pilot program to
conclude no later than July 1, 2019. The bill would authorize each
participating county to use Title IV-E funds and state foster care
funds to provide long-term intensive support services to meet the
needs of homeless youth, including, among other things, temporary
placement in a licensed homeless youth shelter or other age
appropriate placement for 45 days with an extension of 15 days per
approval of the county child welfare agency.
This bill would require the county child welfare agency, upon
temporary placement of a homeless youth into a homeless youth
shelter, to provide case management services, to identify appropriate
long-term housing placement opportunities and wraparound services
for the youth, including placement in a certified transitional
housing plus program, and to make a recommendation as to whether the
youth should continue to receive long-term intensive support services
through the pilot program or whether a petition should be filed to
adjudicate the youth to be a dependent child of the court.
This bill would require the State Department of Social Services
to, among other things, conduct an evaluation of the pilot program to
determine the effectiveness of the program, and would require the
department to submit to the Legislature, no later than January 1,
2019, the results of its evaluation of the program, together with its
recommendation as to whether the program should be continued.
Existing law provides that a child may come within the
jurisdiction of the juvenile court and become a dependent child of
the court in certain cases, including when the child is abused, a
parent or guardian fails to adequately supervise or protect the
child, as specified, or a parent or guardian fails to provide the
child with adequate food, clothing, shelter, or medical treatment.
This bill would additionally provide that a child comes within the
jurisdiction of the juvenile court when he or she is chronically
homeless and the parent or guardian is unwilling or unable to assist
the child. By expanding the jurisdiction of the juvenile court to
include these children, the bill would impose new duties on county
child welfare service employees, thereby creating a state-mandated
local program.
Existing law creates the Aid to Families with Dependent
Children-Foster Care program, under which a combination of state,
county, and federal funds, including funds provided under Title IV-E
of the federal Social Security Act, are used to provide reimbursement
to families and facilities providing foster care to eligible
children.
This bill would declare the intent of the Legislature to provide a
path for homeless youth to receive independent living skills
services from homeless youth shelters and group homes that specialize
in providing services to homeless children and youth, and to secure
federal funding for the provision of these services under Title IV-E
of the federal Social Security Act.
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 no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature to provide a path
for homeless youth to receive independent living skill and
homeless services from homeless youth shelters and
group homes that specialize in providing services to homeless
children and youth, and to secure federal funding for the provision
of these services under Title IV-E of the Social Security Act (42
U.S.C. Sec. 671 et seq.). child
welfare service agencies under the Title IV-E of the Social Security
Act (42 U.S.C. Sec. 671 et seq.) Child Welfare Waiver Demonstration
Project by establishing a pilot program for the purpose of developing
and implementing alternative child welfare services that are d
irected towards the individual needs of homeless youth in order
to reduce homelessness among children.
SEC. 2. Section 18265 is added to the
Welfare and Institutions Code , immediately
following Section 18260 , to read:
18265. (a) (1) For the purpose of developing targeted and
specialized services for youth who are homeless, on or after July 1,
2015, one or more counties that participate in the federal Title IV-E
Child Welfare Waiver Demonstration Project pursuant to Section 18260
may establish a pilot program, with the approval of the department,
to develop and implement alternative child welfare services to meet
the individual needs of homeless youth in order to reduce
homelessness among children.
(2) Each pilot program established under subdivision (a) shall
conclude no later than July 1, 2019.
(b) Each pilot program established under this section may include,
but is not limited to, methods for the identification of homeless
youth for purposes of temporary placement into a licensed homeless
youth shelter pursuant to Section 1502.35 of the Health and Safety
Code, or other appropriate placement as directed by the county's
child welfare services agency.
(1) It is the intent of the Legislature that local law enforcement
agencies work with county and local child protective services
agencies to identify the appropriate placement, including placement
in a homeless youth shelter, for youth who come to the attention of
law enforcement because they are homeless.
(2) Upon the placement or voluntary entry of a homeless youth into
a homeless youth shelter, the shelter shall notify child welfare
services if it is determined by, and upon the recommendation of, the
shelter that the youth may be eligible to receive long-term intensive
support services under the pilot program.
(c) A youth identified as homeless is eligible for participation
in the pilot program if he or she meets all of the following
criteria:
(1) The youth is 14 years of age or older and has been homeless
for at least 21 consecutive days.
(2) The county child welfare agency determines, upon consultation
with a local homeless youth shelter, if available, that long-term
intensive support services are needed for the youth.
(3) The county child welfare agency finds that there is a
reasonable presumption that the youth is a person described in
Section 300, but determines, upon consultation with a local homeless
youth shelter, if available, that the youth would be best served by
the receipt of long-term intensive support services through the pilot
program.
(d) To the extent permitted by federal law, and based on the terms
and conditions of the federal Title IV-E waiver, each pilot program
established pursuant to this section may use Title IV-E and state
foster care funds to provide long-term intensive support services to
meet the needs of homeless youth, which shall include each of the
following:
(1) Guidance to local law enforcement on when and how to refer
homeless youth to a local homeless youth shelter or child protective
services agency.
(2) (A) The temporary placement of a homeless youth in a homeless
youth shelter or other age appropriate placement for up to 45 days
with an extension of 15 days per the approval of a county child
welfare agency. Title IV-E funding shall not be used to fund the
first 21 days the homeless youth is in a homeless youth shelter.
(B) If a youth is temporarily placed in a homeless youth shelter
through the pilot program, the county child welfare agency shall
provide justification for the placement, including whether there are
no other appropriate residential placements available.
(3) Notwithstanding subdivision (c) of Section 18250, wraparound
services, as defined in subdivision (d) of Section 18251 and as
described in subdivision (b) of Section 18250.
(e) Upon temporary placement into a homeless youth shelter
pursuant to paragraph (2) of subdivision (d), the county child
welfare agency shall do all of the following:
(1) Provide case management services, in coordination with local
homeless youth shelters, which shall include permanent and stable
housing, independent living skills as necessary, workforce training
opportunities, health and mental health services, and educational
opportunities, such as enrollment in the youth's school district of
residence as determined by the location of the youth's placement.
(2) No later than the 30th day of placement, identify appropriate
long-term housing placement opportunities and wraparound services for
the youth, including, but not limited to, placement in a certified
transitional housing plus program, placement with identified parents
or relatives, as appropriate, foster family homes, or group homes
with expertise in serving homeless or runaway children.
(3) Make a recommendation as to whether the youth should continue
to receive long-term intensive support services under the pilot
program or whether a petition should be filed to adjudicate the youth
to be a dependent child of the court pursuant to Section 360. If a
determination is made that a petition should be filed, it shall be
filed immediately and consistent with the requirements of subdivision
(h).
(f) The department, in consultation with the California Welfare
Directors Association and child welfare and homeless youth advocates,
shall develop, no later than March 31, 2015, the following standards
and criteria for the pilot program:
(1) To the extent permitted by federal law, and based on the terms
and conditions of the federal Title IV-E waiver, each of the
following:
(A) The parameters on how the Title IV-E funding may be used.
(B) How long the Title IV-E funding may be provided, as determined
by outcome goals for the youth.
(2) The requirements on casework for the youth.
(3) Processes on how placements or related services may be
identified for the youth, including whether family reunification
should be pursued or whether the youth should be placed into the home
of a relative or nonrelated extended family member, foster family
home, or group home with experience in serving homeless or runaway
children.
(4) The criteria by which a homeless youth is assessed pursuant to
subdivision (c).
(g) Notwithstanding the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code), the department may implement this section
through an all-county letter or similar instructions from the
director.
(h) (1) Nothing in this section shall be construed to limit the
ability of a child protective services agency case worker or the
county child welfare agency to file a petition with the juvenile
court to declare a youth to be a dependent child of the court
pursuant to Section 325 if the youth is a person described by Section
300.
(2) If it is determined that a petition should be filed to declare
the youth to be a dependent child of the court, the county child
welfare agency shall consult with a local homeless youth shelter or
other entity with expertise in providing services to homeless youth
in developing the petition. The county child welfare agency shall
comply with federal and state privacy protections in the consultation
and development of the petition. The petition shall include, but not
be limited to, all of the following considerations:
(A) The reasons why the youth is homeless.
(B) Whether the youth received long-term intensive support
services through the pilot program.
(C) When applicable, a description of the long-term intensive
support services received through the pilot program.
(D) Recommendations as to whether those long-term intensive
support services should be continued or modified.
(E) Whether additional placement considerations should be made
that will meet the needs of the youth.
(i) The department shall conduct an evaluation of the pilot
program established pursuant to this section to determine the
effectiveness of the program in developing and implementing
alternative child welfare services for homeless youth. The
department, no later than January 1, 2019, shall submit to the
Legislature the results of its evaluation of the pilot program,
together with its recommendation as to whether the program should be
continued or, to the extent permitted by federal law, made permanent.
A report submitted to the Legislature pursuant to this subdivision
shall be submitted in compliance with Section 9795 of the Government
Code.
(j) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
SEC. 2. Section 300 of the Welfare and
Institutions Code is amended to read:
300. Any child who comes within any of the following descriptions
is within the jurisdiction of the juvenile court which may adjudge
that person to be a dependent child of the court:
(a) The child has suffered, or there is a substantial risk that
the child will suffer, serious physical harm inflicted
nonaccidentally upon the child by the child's parent or guardian. For
the purposes of this subdivision, a court may find there is a
substantial risk of serious future injury based on the manner in
which a less serious injury was inflicted, a history of repeated
inflictions of injuries on the child or the child's siblings, or a
combination of these and other actions by the parent or guardian
which indicate the child is at risk of serious physical harm. For
purposes of this subdivision, "serious physical harm" does not
include reasonable and age-appropriate spanking to the buttocks where
there is no evidence of serious physical injury.
(b) The child has suffered, or there is a substantial risk that
the child will suffer, serious physical harm or illness, as a result
of the failure or inability of his or her parent or guardian to
adequately supervise or protect the child, or the willful or
negligent failure of the child's parent or guardian to adequately
supervise or protect the child from the conduct of the custodian with
whom the child has been left, or by the willful or negligent failure
of the parent or guardian to provide the child with adequate food,
clothing, shelter, or medical treatment, or by the inability of the
parent or guardian to provide regular care for the child due to the
parent's or guardian's mental illness, developmental disability, or
substance abuse. No child shall be found to be a person described by
this subdivision solely due to the lack of an emergency shelter for
the family. Whenever it is alleged that a child comes within the
jurisdiction of the court on the basis of the parent's or guardian's
willful failure to provide adequate medical treatment or specific
decision to provide spiritual treatment through prayer, the court
shall give deference to the parent's or guardian's medical treatment,
nontreatment, or spiritual treatment through prayer alone in
accordance with the tenets and practices of a recognized church or
religious denomination, by an accredited practitioner thereof, and
shall not assume jurisdiction unless necessary to protect the child
from suffering serious physical harm or illness. In making its
determination, the court shall consider (1) the nature of the
treatment proposed by the parent or guardian, (2) the risks to the
child posed by the course of treatment or nontreatment proposed by
the parent or guardian, (3) the risk, if any, of the course of
treatment being proposed by the petitioning agency, and (4) the
likely success of the courses of treatment or nontreatment proposed
by the parent or guardian and agency. The child shall continue to be
a dependent child pursuant to this subdivision only so long as is
necessary to protect the child from risk of suffering serious
physical harm or illness.
(c) The child is suffering serious emotional damage, or is at
substantial risk of suffering serious emotional damage, evidenced by
severe anxiety, depression, withdrawal, or untoward aggressive
behavior toward self or others, as a result of the conduct of the
parent or guardian or who has no parent or guardian capable of
providing appropriate care. No child shall be found to be a person
described by this subdivision if the willful failure of the parent or
guardian to provide adequate mental health treatment is based on a
sincerely held religious belief and if a less intrusive judicial
intervention is available.
(d) The child has been sexually abused, or there is a substantial
risk that the child will be sexually abused, as defined in Section
11165.1 of the Penal Code, by his or her parent or guardian or a
member of his or her household, or the parent or guardian has failed
to adequately protect the child from sexual abuse when the parent or
guardian knew or reasonably should have known that the child was in
danger of sexual abuse.
(e) The child is under the age of five years and has suffered
severe physical abuse by a parent, or by any person known by the
parent, if the parent knew or reasonably should have known that the
person was physically abusing the child. For the purposes of this
subdivision, "severe physical abuse" means any of the following: any
single act of abuse which causes physical trauma of sufficient
severity that, if left untreated, would cause permanent physical
disfigurement, permanent physical disability, or death; any single
act of sexual abuse which causes significant bleeding, deep bruising,
or significant external or internal swelling; or more than one act
of physical abuse, each of which causes bleeding, deep bruising,
significant external or internal swelling, bone fracture, or
unconsciousness; or the willful, prolonged failure to provide
adequate food. A child may not be removed from the physical custody
of his or her parent or guardian on the basis of a finding of severe
physical abuse unless the social worker has made an allegation of
severe physical abuse pursuant to Section 332.
(f) The child's parent or guardian caused the death of another
child through abuse or neglect.
(g) The child has been left without any provision for support;
physical custody of the child has been voluntarily surrendered
pursuant to Section 1255.7 of the Health and Safety Code and the
child has not been reclaimed within the 14-day period specified in
subdivision (e) of that section; the child's parent has been
incarcerated or institutionalized and cannot arrange for the care of
the child; or a relative or other adult custodian with whom the child
resides or has been left is unwilling or unable to provide care or
support for the child, the whereabouts of the parent are unknown, and
reasonable efforts to locate the parent have been unsuccessful.
(h) The child has been freed for adoption by one or both parents
for 12 months by either relinquishment or termination of parental
rights or an adoption petition has not been granted.
(i) The child has been subjected to an act or acts of cruelty by
the parent or guardian or a member of his or her household, or the
parent or guardian has failed to adequately protect the child from an
act or acts of cruelty when the parent or guardian knew or
reasonably should have known that the child was in danger of being
subjected to an act or acts of cruelty.
(j) The child's sibling has been abused or neglected, as defined
in subdivision (a), (b), (d), (e), or (i), and there is a substantial
risk that the child will be abused or neglected, as defined in those
subdivisions. The court shall consider the circumstances surrounding
the abuse or neglect of the sibling, the age and gender of each
child, the nature of the abuse or neglect of the sibling, the mental
condition of the parent or guardian, and any other factors the court
considers probative in determining whether there is a substantial
risk to the child.
(k) The child is chronically homeless and the parent or guardian
is unwilling or unable to assist the child.
It is the intent of the Legislature that nothing in this section
disrupt the family unnecessarily or intrude inappropriately into
family life, prohibit the use of reasonable methods of parental
discipline, or prescribe a particular method of parenting. Further,
nothing in this section is intended to limit the offering of
voluntary services to those families in need of assistance but who do
not come within the descriptions of this section. To the extent that
savings accrue to the state from child welfare services funding
obtained as a result of the enactment of the act that enacted this
section, those savings shall be used to promote services which
support family maintenance and family reunification plans, such as
client transportation, out-of-home respite care, parenting training,
and the provision of temporary or emergency in-home caretakers and
persons teaching and demonstrating homemaking skills. The Legislature
further declares that a physical disability, such as blindness or
deafness, is no bar to the raising of happy and well-adjusted
children and that a court's determination pursuant to this section
shall center upon whether a parent's disability prevents him or her
from exercising care and control. The Legislature further declares
that a child whose parent has been adjudged a dependent child of the
court pursuant to this section shall not be considered to be at risk
of abuse or neglect solely because of the age, dependent status, or
foster care status of the parent.
As used in this section, "guardian" means the legal guardian of
the child.
SEC. 3. 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.