BILL ANALYSIS Ó AB 2187 Page A Date of Hearing: April 29, 2014 ASSEMBLY COMMITTEE ON HUMAN SERVICES Mark Stone, Chair AB 2187 ( Cooley) - As Amended: April 21, 2014 SUBJECT : County children's trust funds SUMMARY : Maintains birth certificate fees collected for child abuse prevention and intervention services in the county in which a newborn child will reside rather than the county in which the child is born if the child is born outside of the county in which his or her mother resides. Specifically, this bill : 1)Deletes the requirement that a portion of birth certificate fees goes to a county children's trust fund in the county in which a child is born but will not reside unless a child is born outside of a mother's county of residence due to the county of residence not having a licensed health facility that provides maternity services. EXISTING LAW 1)Establishes a structure of fees required of applicants requesting certified copies of birth certificates, including $12 to be paid by an agency applicant, as specified, and $18 to be paid by any other applicant, $4 of which is to be paid to either a county children's trust fund or to the State Children's Trust Fund, as specified. (H&S 103625(b)) 2)Authorizes a board of supervisors to designate a voluntary commission or council to establish a county children's trust fund, which shall consist of moneys collected from birth certificate fees, grants, gifts, or bequests from private sources to be used for child abuse and neglect prevention and intervention programs, and any funds appropriated by local governmental entities or the Legislature. (WIC 18966) 3)Requires a county treasurer to transmit moneys collected from birth certificate fees for its county children's trust fund that pertain to the birth certificate of a child whose mother was a resident of another county at the time of birth to the treasurer of the county of the mother's residence if that AB 2187 Page B county has an established county children's trust fund and does not have a licensed health facility that provides maternity services. (WIC 18966) 4)Requires the money in a county's children's trust fund to be used to fund child abuse and neglect prevention and intervention programs that are recommended by the commission or council and chosen by the county board of supervisors, as specified. (WIC 18967) 5)Establishes the state Office of Child Abuse Prevention within the Department of Social Services (DSS), which administers the State Children's Trust Fund and funds and coordinates local services that help strengthen and preserve families and carry out activities related to child abuse and neglect prevention and intervention. (WIC 18952) 6)Establishes in the State Treasury the State Children's Trust Fund, consisting of moneys transmitted from counties without a county children's trust fund, personal income tax donations, grants, gifts, or bequests made to the state from private sources to be used for innovative and distinctive child abuse and neglect prevention and intervention projects, and money appropriated by the Legislature for that purpose. (WIC 18969) FISCAL EFFECT : This bill is keyed non-fiscal by the Office of Legislative Counsel. COMMENTS : This bill seeks to ensure that the portion of a child's birth certificate fees collected for the purpose of funding child abuse and neglect prevention and intervention programs goes to the county in which the child lives. Children's trust funds : The State Children's Trust Fund was established in 1983 specifically for the purpose of funding child abuse and neglect prevention efforts. Funds are administered by the Office of Child Abuse Prevention, and include a portion of specialty license plate revenue from the Child Health and Safety Fund, voluntary income tax donations, and a portion of birth certificate fees. The primary goal of the Fund is to allocate resources for large-scale public awareness, education, and campaigns around child abuse prevention. Similarly, county children's trust funds are a resource for local, more targeted child abuse prevention and intervention efforts, such as facilitating community education AB 2187 Page C and awareness and coordinating prevention programs among multiple entities. Child abuse numbers and effects : Data provided through California's Child Welfare Services/Case Management System (CWS/CMS) reveals that 81,381 allegations of child abuse reported in 2013 were substantiated, while another 89,193 were determined to be inconclusive, and 15,321 are still pending a final determination.<1> According to information from the Centers for Disease Control and Prevention (CDC), child maltreatment, including physical abuse, sexual abuse and neglect, among other detrimental experiences, causes stress that can disrupt early brain development. When this stress turns into chronic stress, the development of a child's nervous and immune systems can be compromised, which results in a higher risk for physical and mental health problems when the child becomes an adult. The CDC notes that these problems include alcoholism, depression, drug abuse, eating disorders, obesity, high-risk sexual behaviors, smoking, suicide, and certain chronic diseases. Need for this bill : Under current law, a portion of the fees paid to acquire certified copies of birth certificates goes to either a county children's trust fund, or to the State Children's Trust Fund if a county doesn't have one established. The structure for the deposit of funds in a county children's trust fund is meant to be proportional to the number of children born in the county. Statute is based on the assumption that a pregnant woman will have her child in her county of residence unless the county lacks a maternity facility, which is why a portion of the fees paid for her child's birth certificate goes to the children's trust fund for the county in which her child is born. This can result in reduced revenue sources for child abuse prevention and intervention efforts for the children they're intended to serve. According to the author: --------------------------- <1>Needell, B., Webster, D., Armijo, M., Lee, S., Dawson, W., Magruder, J., Exel, M., Cuccaro-Alamin, S., Putnam-Hornstein, E., Sandoval, A., Yee, H., Mason, F., Benton, C., Lou, C., Peng, C., King, B., & Lawson, J. (2014). CCWIP reports. Retrieved 4/18/2014, from University of California at Berkeley California Child Welfare Indicators Project website. URL: http://cssr.berkeley.edu/ucb_childwelfare AB 2187 Page D "Given the current nature of health care delivery, in which health insurance parameters may dictate what delivery facilities that are in a patient's "network," some patients may opt to deliver outside of the county in which they live. To ensure that each county receives the funds for the children it provides programs and services for, it is vital that the fee for requests of copies of a child's birth certificate should follow the child, regardless of where the child's mother gives birth." REGISTERED SUPPORT / OPPOSITION : Support California Family Resource Association The Child Abuse Prevention Center (CAP Center) (sponsor) Opposition None on file. Analysis Prepared by : Myesha Jackson / HUM. S. / (916) 319-2089