Amended in Senate April 1, 2013

Senate BillNo. 602


Introduced by Committee on Human Services (Senators Yee (Chair), Berryhill, Emmerson, Evans, Liu, and Wright)

February 22, 2013


An act to amend Sectionsbegin delete 18960,end delete 18961,begin delete andend delete 18962begin insert, and 18963end insert of the Welfare and Institutions Code, relating to child abuse prevention.

LEGISLATIVE COUNSEL’S DIGEST

SB 602, as amended, Committee on Human Services. Child abuse prevention, intervention, and treatment projects.

Existing law allows the Office of Child Abuse Prevention to fund, through allocations provided to local counties, child abuse and neglect prevention and intervention programs. Existing law provides the criteria under which a county selects agency projects and services to be funded under these provisions, including that priority shall be given to private, nonprofit agencies and that training and technical assistance shall be provided by private, nonprofit agencies, as specified. Existing law requiresbegin delete a county that has established a multidisciplinary council to utilize that council to provide recommendations to the board of supervisors for the funding processes and priorities.end deletebegin insert funds allocated to a county to revert to the State Children’s Trust Fund and be administered, as provided, if that county chooses not to contract or subcontract for the provision of services.end insert

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This bill would provide that a county welfare department may directly perform services funded under these provisions and priority shall be given instead to direct prevention and early intervention programs that have demonstrated effectiveness in abuse and neglect prevention and early intervention. This

end delete

begin insertThisend insert bill would remove required training and technical assistance by private, nonprofit agencies as a selection criteria. This bill wouldbegin delete require counties to utilize specified processes to include stakeholder input and provide recommendations to the board of supervisors for the funding processes and priorities.end deletebegin insert also remove the requirement that funds allocated to a county that chooses not to contract or subcontract for the provision of services revert to the State Children’s Trust Fundend insertbegin insert.end insertbegin insert The bill would make conforming changes to related provisions.end insert

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

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

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P2    1

SECTION 1.  

Section 18960 of the Welfare and Institutions
2Code
is amended to read:

3

18960.  

(a) It is the intent of the Legislature that child abuse
4and neglect prevention and early intervention programs be
5encouraged by the funding of public and other agencies addressing
6needs of children at high risk of abuse or neglect and their families.

7(b) All funds expended by a county for activities under this
8section shall be expended by the county in a manner that will
9maximize eligibility for federal financial participation.

10(c) Priority shall be given to direct prevention and early
11intervention programs that identify and provide services to isolated
12families, particularly those with children five years of age or
13younger, high quality home visiting programs based on
14research-based models of best practice, and services to child
15victims of crime.

end delete
16

begin deleteSEC. 2.end delete
17begin insertSECTION 1.end insert  

Section 18961 of the Welfare and Institutions
18Code
is amended to read:

19

18961.  

(a) begin deleteIn addition to funding nonprofit agencies, a county
20welfare department may also directly perform child abuse and
21neglect prevention and early intervention services funded under
22this article. Direct end delete
begin insertProjects and end insertservicesbegin delete provided to children and
23familiesend delete
funded pursuant to this article shall be selected using the
24following criteria:

25(1) Priority shall be given to begin delete services and programsend delete begin insert end insertbegin insertprivate,
26nonprofit agencies with programs that serve the needs of children
27at risk of abuse or neglect andend insert
that have demonstrated effectiveness
P3    1inbegin delete abuse and neglectend delete preventionbegin delete and early intervention, particularly
2services to isolated families, families with children five years of
3age or younger, high quality home visiting programs based on
4research-based models of best practice, and services to child
5victims of crime.end delete
begin insert or intervention.end insert

6(2)  begin deleteNonprofit agencies end delete begin insertAgencies end insertshall be eligible for funding
7provided that evidence is submitted that the proposed services are
8not duplicated in the community, are based on needs of children
9at risk, and are supported by a local public agency, including, but
10not limited to, one of the following:

11(A) The county welfare department.

12(B) A public law enforcement agency.

13(C) The county probation department.

14(D) The county board of supervisors.

15(E) The county public health department.

16(F) The county mental health department.

17(G) The school district.

18(3) Services provided shall be culturally and linguistically
19appropriate to the populations served.

20(4) begin deleteDirect services provided to children and families end deletebegin insertServices end insert
21may include, but need not be limited to, day care, respite services,
22transportation, mental health services, services provided through
23home visiting programs, parent education and support programs,
24domestic violence services, disability services, early developmental
25screening and assessment,begin insert andend insert counselingbegin delete services, and
26multidisciplinary teamend delete
services.

27(5) begin deleteNonprofit applicant end deletebegin insertApplicant end insertagencies shall demonstrate
28the existence of a 10 percent cash or in-kind match that will support
29the goals of child abuse and neglect prevention and intervention.

30(6) Funding shall be used to supplement, but not supplant, child
31welfare services authorized pursuant to Chapter 5 (commencing
32with Section 16500) of Part 4.

33(7) Priority for services shall be given to children who are at
34high risk, including children who are being served by the county
35welfare departments for being abused and neglected and other
36children who are referred for services by legal, medical, or social
37services agencies.

38(8) Service to minority populations shall be reflected in the
39funding ofbegin delete projects and services.end deletebegin insert projects.end insert

P4    1(9) Projects and services shall clearly be related to the needs of
2children, especially those 14 years of age and under.

3(b) begin deleteCounties shall utilize the county self-assessment and system
4improvement plan processes established under Section 10601.2
5of the Welfare and Institutions Code to include stakeholder input
6and end delete
begin insertIn a county that has established a multidisciplinary council,
7the council shall be utilized end insert
to provide recommendations to the
8board of supervisors for the funding processes and priorities.

9(c) Each county shall monitor the projects and services it funds.

10(d) Beginning in the 2011-12 fiscal year, and for each fiscal
11year thereafter, funding and expenditures for programs and
12activities under this section shall be in accordance with the
13requirements provided in Sections 30025 and 30026.5 of the
14Government Code.

15

begin deleteSEC. 3.end delete
16begin insertSEC. 2.end insert  

Section 18962 of the Welfare and Institutions Code is
17amended to read:

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18

18962.  

(a) If a board of supervisors chooses not to utilize these
19funds for the provision of direct prevention and early intervention
20services provided to children and families, the funds allocated for
21that county shall revert to the State Children’s Trust Fund
22established under Section 18969 and shall be administered in
23accordance with the provisions of law relating to the fund.

24(b) The

end delete
25begin insert

begin insert18962.end insert  

end insert

begin insertThe end insertcounty child welfare agency shall provide to the
26Office of Child Abuse Prevention, no later than October 1 of each
27year, an annual expenditure report to include funds expended,
28populations served, and other information deemed necessary based
29on a process to be developed by the department, in consultation
30with counties.

31begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 18963 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
32amended to read:end insert

33

18963.  

Unless otherwise specified in the annual Budget Act,
34the funds appropriated in the annual Budget Act to the State
35Department of Social Services for the purposes of this article shall
36be allocated as follows:

37(a) A sum equal to 90 percent of the appropriation shall be
38allocated to the board of supervisors of each of the participating
39counties.

P5    1(b) A sum equal to 7 percent of the appropriation shall be
2allocated to the State Children’s Trust Fund established under
3Section 18969 for innovative, child-centered approaches which
4indicate promise of quality, cost-effective services to prevent child
5abuse and neglect.

6(c)  The Office of Child Abuse Prevention shall reserve a sum
7equal to 3 percent of the appropriation, to be used to provide
8administrative oversight and consultation that shall include
9activities necessary to do all of the following:

10(1) Ensure that each county allocates revenues through the use
11of an accountable process that utilizes a multidisciplinary approach,
12particularly including strengthening child abuse councils and
13allocates revenues in a manner consistent with a county expenditure
14plan for all Child Abuse Prevention, Intervention, and Treatment
15program revenues. The county plans shall explain how services
16funded under this article are coordinated with the array of services
17available in the county and are based on unmet need. The Office
18of Child Abuse Prevention shall review and approve these plans
19prior to authorizing county expenditure of funds. The Office of
20Child Abuse Prevention shall require counties to submit annual
21reports on program services.

22(2) Ensure Child Abuse Prevention, Intervention, and Treatment
23program compliance and accountability to the county plan and
24legislative intent.

25(d) Counties with provider contracts in effect as of June 30,
261998, may continue those contracts. However, no county shall
27receive an augmentation of Child Abuse Prevention, Intervention,
28and Treatment funds unless the county modifies its program in
29accordance with subdivision (c). During the 1998-99 state fiscal
30year, if a county qualifies to receive an augmentation of funds,
31counties may augment existing provider contracts without
32competitive bids.

33(e) The Office of Child Abuse Prevention may contract with a
34statewide nonprofit consortium with broad-based statewide
35representation to provide training and technical assistance, and to
36improve accountability for the use of funds in the Child Abuse
37Prevention, Intervention, and Treatment program using funds
38identified in subdivision (c).

39(f) A portion of the funds specified in subdivision (c) may be
40allocated to the State Children’s Trust Fund to be used for statewide
P6    1training and technical assistance services. Moneys for statewide
2training and technical assistance may be supplemented under
3subdivision (a) by an amount not to exceed 0.50 percent of the
4total Child Abuse Prevention, Intervention, and Treatment
5appropriation but the total amount allocated statewide for training
6and technical assistance shall not exceed 2 percent of the total
7Child Abuse Prevention, Intervention, and Treatment appropriation.
8This augmentation may be accomplished bybegin delete means of the
9following:end delete

10begin delete(1)end deletebegin deleteend deletebegin deleteThe end deletebegin insertauthorizing the end insertboard of supervisors of each
11participating countybegin delete mayend deletebegin insert toend insert allocate annually a portion of its
12allocation under this section as a supplement to funds for statewide
13training and technical assistance. Activities to be funded with these
14supplemental moneys may be specified by the allocating county
15and approved by the State Department of Social Services.

begin delete

16(2) In combination with funds provided by a county pursuant
17to paragraph (1) a portion of the moneys reverted to the State
18Children’s Trust Fund pursuant to paragraph (3) of subdivision
19(a) of Section 18962 may be allocated annually for statewide
20training and technical assistance. Any amount allocated from the
21State Children’s Trust Fund in a state fiscal year shall not exceed
22the moneys reverted under paragraph (3) of subdivision (a) of
23Section 18962 in that state fiscal year.

end delete


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