BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Kevin de Le�n, Chair
SB 342 (Yee) - Foster children: social worker visits.
Amended: As Introduced Policy Vote: Human Services 6-0
Urgency: No Mandate: Yes (See Staff
Comments)
Hearing Date: May 23, 2013 Consultant: Jolie Onodera
SUSPENSE FILE. AS PROPOSED TO BE AMENDED.
Bill Summary: SB 342 would require mandated visits by county
caseworkers to occur in the group home or foster home of the
child. This bill would additionally require county caseworkers
to advise the foster child that he or she has the right to
request a private discussion outside of the group home or foster
home. That private discussion would not replace the mandated
visit in the group home or foster home.
Fiscal Impact: Potential increased annual state costs
(non-reimbursable) of an unknown, but potentially significant
amount to the extent the provisions of this bill result in an
extended amount of time per visit for certain cases than
otherwise would occur under existing law. For every 10 percent
of visits that currently occur outside the home (24 percent),
which equates to 2.4 percent of total visits, 30 minutes of
additional time could result in costs of approximately $475,000
per year.
Background: Existing federal law pursuant to the Child and
Family Services Improvement Act of 2006 (Public Law (P.L.)
109-288) requires that foster children be visited at least on a
monthly basis. In order to avoid federal penalties for
non-compliance, at least 90 percent of foster children must be
visited each month, and the majority of the child's monthly
visits must occur in the home. The Child and Family Services
Improvement and Innovation Act of 2011 (P.L. 112-34) mandates
that by 2015, at least 95 percent of children in foster care
under the jurisdiction of the court must be visited monthly.
Current state law requires all foster children placed in group
homes by county human services departments or county probation
departments to be visited at least monthly by a county social
worker or probation officer. Each visit must include a private
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discussion between the foster child and the county social worker
or probation officer, and the discussion is not to be held in
the presence or immediate vicinity of the group home staff.
Similarly, when a county social worker or probation officer
makes a regular visit with a child in any licensed, certified,
or approved foster home, the visit must include a private
discussion between the foster child and the caseworker, and the
discussion may not be held in the presence or immediate vicinity
of the foster parent or caregiver.
Consistent with federal law, current state regulations do not
mandate that each case worker visit must be made in the home of
the child, but instead require the majority of caseworker visits
with the child to take place in the child's residence.
According to recent data from the Department of Social Services
(DSS), approximately 24 percent of required monthly visits do
not occur at the foster home or group home where the youth
resides.
Proposed Law: This bill:
Requires the mandatory monthly caseworker visits of foster
children placed in group homes or licensed, certified, or
approved foster homes, to occur in the group home or foster
home, respectively.
Requires the caseworker to advise the foster child of his
or her right to request the private discussion occur
separately, outside the group home or foster home.
Provides that this private discussion shall not replace the
visit in the group home or foster home.
Staff Comments: By requiring each monthly visit to a foster
youth to occur in the home, and to require caseworkers to advise
foster youth of their right to request a private discussion
outside the home that would not replace the in-home visit, this
bill could result in increased annual costs related to an
increase in the number of caseworker visits or extended time
spent per visit by caseworkers to accommodate the private
discussion outside the home. It is estimated that 24 percent of
monthly visits to foster youth currently occur outside the group
home or foster home (i.e., at schools or restaurants). It is
unknown how many visits that currently occur outside the home
would continue to hold a visit outside the home in addition to
the requirement to conduct a monthly in-home visit. For every 10
percent of total monthly visits currently conducted outside the
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home, which would equate to about two percent of total annual
visits, extending the visit for 30 minutes or conducting a
separate visit could result in increased annual costs of
$475,000 to $2 million per year. This estimate does not assume
monthly visits that currently take place in the home (76
percent) would be impacted by the new requirements.
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 LRF.
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 are a mandate on local agencies, any
increased costs would not appear to be subject to reimbursement
by the state. Rather, 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.
Author amendments clarify that not more than one visit is
required per month.