BILL ANALYSIS �
SENATE HUMAN
SERVICES COMMITTEE
Senator Leland Y. Yee, Chair
BILL NO: SB 342
S
AUTHOR: Yee
B
VERSION: February 20, 2013
HEARING DATE: 4/9/13
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FISCAL: Appropriations
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CONSULTANT: Sara Rogers
SUBJECT
Foster Children: caseworker visits
SUMMARY
This bill requires that statutorily mandated visits by
county caseworkers occur in the home residence of the
foster child. Additionally, requires the county caseworker
to advise the foster child that he or she has the right to
request that a private discussion occur outside the group
home or foster home that shall not replace the in home
visit.
ABSTRACT
Existing Federal Law
1.Pursuant to the Child and Family Services Improvement Act
of 2006 (Public Law 109-288), enacts all of the
following:
a. Requires that foster children be visited at
least on a monthly basis.
Continued---
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b. Requires, by October 1, 2011, at least 90% of
children under the jurisdiction of the court be
visited each month they are in foster care, to avoid
penalty.
c. Requires, by October 1, 2011, the majority of
the child's monthly visits to occur in the home.
d. Requires states to annually report the
frequency of caseworker visits with foster children
according to a specified methodology.
e. Establishes enforcement standards and penalties
for non-compliance including the potential loss of
title IV-B subpart 1 funding.
f. Permits states to define who a caseworker is
for purposes of compliance with these requirements.
2.Pursuant to the Child and Family Services Improvement and
Innovation Act of 2011 (Public Law 112-34) requires by
2015, at least 95% of children in foster care under the
jurisdiction of the court be visited each month they are
in foster care.
Existing State Law
1.Requires the state, through the Department of Social
Services (DSS) and county welfare departments, to
establish and support a public system of child welfare
services to protect and promote the welfare of children.
(WIC 16500)
2.Requires all foster children with an approved case plan
to be visited at least once per calendar month by their
caseworker except the caseworker may have less frequent
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visits, up to a minimum of once every six months, if
specified conditions are met. (CDSS MPP Div. 31-320.31
and 31-320.611)
3.Requires all foster children placed in group homes to be
visited at least monthly by their caseworker and that
each visit include a private discussion between the child
and caseworker away from group home staff, unless the
caseworker believes disclosure is necessary to meet the
needs of the child. (WIC 1656.5)
4.Requires the majority of caseworker visits with the child
to take place in the child's residence. (CDSS MPP Div.
31-320.4)
5.Requires a caseworker to have contact with a foster
child's out of home care provider once per month and to
visit no less than once every six months, except as
specified. (CDSS 31-330)
6.Defines caseworker to include a foster family social
worker from a foster family agency, out of state social
worker, and probation officer in addition to county
social workers for the purpose of complying with
mandatory caseworker visits. (CDSS MPP Div.
31-002(v)(1)(A)).
This bill
1.Requires the mandatory monthly caseworkers visits of
foster children placed in group homes to occur in the
group home.
2.Requires the mandatory caseworker visits of foster
children placed in any licensed, certified or approved
foster home to occur in the foster home.
STAFF ANALYSIS OF SENATE BILL 342 (Yee) Page
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3.Requires the caseworker to advise the foster child of his
or her right to request their private discussion occur
separately, outside the group home or foster home.
4.Provides that this private discussion shall not replace
the visit in the group home or foster home.
FISCAL IMPACT
This bill has not been analyzed by a fiscal committee.
BACKGROUND AND DISCUSSION
Purpose of the bill
According to the author, caseworker visits are an essential
component of our child welfare system and are critical for
ensuring the safety of children placed in out-of-home care.
The author states that an important purpose of such visits
is to provide caseworkers with a consistent and recurring
opportunity to spend time with families, including the
child, and to forge relationships with the family that
support permanency and help the family meet the needs of
the child and the family as a whole. Thus, in-home
caseworker visits, which include opportunities to interact
with the larger family and to observe the home dynamic, are
critical for monitoring the child's emotional and physical
wellbeing.
The author further cites an evaluation from the Office of
Inspector General within the federal Department of Health
and Human Services which evaluated state standards for the
content of caseworker visits of children in foster care and
which emphasized that "caseworker visits are not a friendly
visit or an opportunity to chat about how the kids are
doing," but should focus on substantive content and be
"focused on the child's safety and well-being as well as
permanency." (OEI-04-03-00351)
Additionally, the author cites a recent report released by
the National Conference on State Legislatures which
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describes the role of the caseworker visit in "enabling
child welfare agencies to set boundaries; they are a
statement that child safety is the priority and that
caseworkers will monitor each child's circumstances and
hold adults accountable for their well-being." The report
stated:
"Findings from the federal Child and Family Services
Reviews, which examine state child welfare agency
performance, have shown an association between a
positive rating on case worker visits and positive
ratings on other areas under review. The Children's
Bureau, U.S. Department of Health and Human Services,
which administers the CFSRs believes that one of the
most important ways to promote positive outcomes for
children and families is to ensure the quality and
frequency of caseworker visits with the children and
their families in the agencies care." (NCSL. Child
Welfare Caseworker Visits with Children and Parents.
September 2006)
According to the author and sponsor, recent data from the
DSS demonstrates that approximately 30 percent of required
social worker visits do not occur at the foster home or
group home where the child lives. This has resulted in
circumstances where a particular group home or foster home
was not visited by a case worker for an extended period of
time. The sponsor further states that costs associated with
this change will be minimal since most of the out-of-home
visits not in the child' currently occur at cafes or
schools which are close to where the child resides.
The Office of the Foster Care Ombudsman, which receives
complaints against foster homes and group homes, reports
that some group homes in California are not providing basic
needed services such as supervision, adequate food,
appropriate clothing, and adequate living conditions.
Complaints include inappropriate conditions at home such as
locked refrigerators and cupboards, mattresses on the
floor, or no doors on the bedrooms, and old damaged
furniture.
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The author states that this bill is essential to ensure the
safety and stability of the homes that have been entrusted
to care for our most vulnerable children.
POSITIONS
Support: California Youth Connection (Sponsor)
Children's Law Center of California
(Sponsor)
Legal Advocates for Children and Youth
(Sponsor)
Children's Advocacy Institute
Dependency Legal Group of San Diego
Junior Leagues of California
Juvenile Court Judges of California
National Association of Social Workers,
California
Oppose: None received
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