BILL NUMBER: SB 625 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Beall
FEBRUARY 22, 2013
An act to amend Section 10601.2 of the Welfare and Institutions
Code, relating to child welfare.
LEGISLATIVE COUNSEL'S DIGEST
SB 625, as introduced, Beall. Child welfare: racial and ethnic
disparities.
Under existing law, the state, through the State Department of
Social Services and county welfare departments, is required to
establish and support a public system of statewide child welfare
services for the protection of children. Existing law requires the
department to establish the California Child and Family Service
Review System to review all county child welfare systems. Existing
law requires the California Health and Human Services Agency to
convene a workgroup, as prescribed, to establish a workplan by which
child and family service reviews shall be conducted. Existing law
requires the workgroup to consider, among other things, measurable
outcome indicators. Existing law requires the department to identify
and promote the replication of best practices in child welfare
service delivery to achieve these outcomes. Existing law requires the
department to provide prescribed information to legislative
committees relating to child welfare system improvements, as
specified.
This bill would require the workgroup described above to examine
outcome indicators for each racial and ethnic population served
within a county. This bill would require a county to address in its
self-assessment and system improvement plan, among other things, its
efforts to eliminate disparities in services and outcomes for
children of color in, and to provide adequate and culturally
appropriate services within, its child welfare system, as specified.
This bill would require the department to identify and promote best
practices for increasing cultural competency in the provision of
services and eliminating inequities in service delivery to racial and
ethnic communities. This bill would authorize the director of the
department to take specified actions if he or she determines a county
substantially failed to comply with the requirements of its system
improvement plan, as specified. This bill would require the
department to report prescribed information relating to disparities
for Latinos in the child welfare system to the Legislature by January
1, 2016.
By imposing additional duties on counties relating to their
self-assessments and system improvement plans, this bill would create
a state-mandated local program.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares the following:
(a) It is the intent of the Legislature to eliminate racial and
ethnic disproportionality in the child welfare system that is a
result of the unnecessary and avoidable removal of children from
their families and the failure to equitably serve all communities of
color, particularly the Latino community.
(b) Latinos make up nearly 38 percent of the population of the
state, but comprise over one-half of the overall child welfare
caseload. Specifically, disproportionality exists in certain counties
with a large Latino population. For example, in Santa Clara County,
nearly 64 percent of the foster care population is Latino, while the
Latino population in the county is around 25 percent. Furthermore,
despite the fact that more than one-half of the children served in
the state are Latino, Latinos have been omitted from recent state
projects and initiatives on disproportionality and improving foster
care outcomes, including the California Disproportionality Project
and California Partners for Permanency, a five-year pilot project to
reduce long-term foster care.
(c) Black children represent almost 6 percent of the state's
population of children and youth, but represent roughly 22 percent of
the population in care in the child welfare system. When controlling
for poverty, Black children enter the system at approximately the
same rate as White children, but remain in the system at a rate that
is almost one and one-half times the rate of White children.
(d) Although there are variations by geographic area and across
communities of color, children and youth from non-White racial and
ethnic communities, overall, enter the child welfare system at a
higher rate, are represented in the system at a higher percentage,
and remain in the system longer than their White counterparts.
(e) Statistical disparities of children and youth of color in the
child welfare system may be a result of numerous complex and
interdependent factors, including poverty, classism, racism, limited
cultural competence and diversity among staff and service providers,
agency policies, and systemic practices, and limited access to
services and resources, including prevention, family support, and
mental health services.
(f) Many of the societal factors resulting in these disparities
are not readily amenable to change by reforms in the child welfare
system alone. Nonetheless, more can be done, for example, to
eliminate disparities in services and supports provided and enhance
the cultural competence of county staff and service providers.
According to information gathered by the California Research Bureau
in March 2012, at least 21 states are taking action to eliminate
disproportionality in their child welfare systems. At least 12 states
are taking action through legislation.
(g) Child welfare agencies must conduct thorough self-assessments,
develop action plans, and monitor their progress if they are to
eliminate inequities in the child welfare system.
SEC. 2. Section 10601.2 of the Welfare and Institutions Code is
amended to read:
10601.2. (a) The State Department of Social Services shall
establish, by April 1, 2003, the California Child and Family Service
Review System, in order to review all county child welfare systems.
These reviews shall cover child protective services, foster care,
adoption, family preservation, family support, and independent
living.
(b) Child and family service reviews shall maximize compliance
with the federal regulations for the receipt of money from Subtitle E
(commencing with Section 470) of Title IV of the federal Social
Security Act (42 U.S.C. Sec. 670 and following)
et seq.) and ensure compliance with state plan
requirements set forth in Subtitle B (commencing with Section 421) of
Title IV of the federal Social Security Act (42 U.S.C. Sec. 621
and following). et seq.).
(c) (1) The California Health and Human Services Agency shall
convene a workgroup comprised of representatives of the Judicial
Council, the State Department of Social Services, the State
Department of Health Care Services, the State Department of
Education, the State Department of Justice, any
other state departments or agencies the California Health and Human
Services Agency deems necessary, the County Welfare Directors
Association, the California State Association of Counties, the Chief
Probation Officers of California, the California Youth Connection,
and representatives of California tribes, interested child advocacy
organizations, researchers, and foster parent organizations. The
workgroup shall establish a workplan by which child and family
service reviews shall be conducted pursuant to this section,
including a process for qualitative peer reviews of case information.
(2) At a minimum, in establishing the workplan, the workgroup
shall consider any existing federal program improvement plans entered
into by the state pursuant to federal regulations, the outcome
indicators to be measured, compliance thresholds for each indicator,
timelines for implementation, county review cycles, uniform
processes, procedures and review instruments to be used, a corrective
action process, and any funding or staffing increases needed to
implement the requirements of this section. The agency shall broadly
consider collaboration with all entities to allow the adequate
exchange of information and coordination of efforts to improve
outcomes for foster youth and families.
(d) (1) The California Child and Family Service Review System
outcome indicators shall be consistent with the federal child and
family service review measures and standards for child and family
outcomes and system factors authorized by Subtitle B (commencing with
Section 421) and Subtitle E (commencing with Section 470) of Title
IV of the federal Social Security Act and the regulations adopted
pursuant to those provisions (Parts 1355 to 1357, inclusive, of Title
45 of the Code of Federal Regulations).
(2) During the first review cycle pursuant to this section, each
county shall be reviewed according to the outcome indicators
established for the California Child and Family Service Review
System.
(3) For subsequent reviews, the workgroup shall consider whether
to establish additional outcome indicators that support the federal
outcomes and any program improvement plan, and promote good health,
mental health, behavioral, educational, and other relevant outcomes
for children and families in California's child welfare services
system.
(4) Outcome indicators shall be examined separately for each
racial and ethnic population served within the county to assist in
identifying and developing strategies to eliminate inequities in the
services provided and disparities in outcomes among the populations
served.
(4)
( 5) The workgroup shall convene as
necessary to update the outcome indicators described in paragraph
(1).
(e) (1) (A) Based on its review cycle, each county shall address
in detail in the county self-assessment and county system improvement
plan, the county's strategies, ongoing efforts, and planned
activities, including timeframes for implementation, to adequately
assess the bases for, and address, disproportionality in its child
welfare system, to eliminate any disparities identified in services
and outcomes for children of color in the county's child welfare
system, and to provide adequate and culturally appropriate services
for majority and minority populations, particularly the Latino,
Black, and Native American populations. These may include, but are
not limited to, prevention services and supports for families of
children at risk of placement in the county child welfare system and
the use of culturally competent staffing, resources, and practices.
(B) A county's self-assessment and system improvement plan shall
also address strategies for improving and expediting permanent
outcomes for children and youth from communities of color that are
overrepresented in the county's child welfare system, including, but
not limited to, developing collaborative partnerships with families
and community-based organizations and strategies to identify and
recruit kin and nonkin adoptive families.
(2) Unless a county's review cycle pursuant to this section has a
system improvement plan due on or after January 1, 2014, and before
January 1, 2015, the county shall amend its most recent system
improvement plan by December 31, 2014, to address the issues
identified in paragraph (1).
(3) If the director determines that a county is substantially
failing to comply with the requirements of its system improvement
plan pursuant to this subdivision to adequately assess the bases for,
or address, disproportionality in its child welfare system, or to
ensure the provision of adequate and culturally appropriate services
to majority and minority communities within the county, the director
may take any appropriate action, including providing enhanced
technical assistance to the county, requiring the county to conduct
additional self-assessments and adopt system improvement plan
amendments, or other remedial actions as authorized under this
chapter.
(e)
( f) The State Department of Social Services
shall identify and promote the replication of best practices in
child welfare service delivery to achieve the measurable outcomes
established pursuant to subdivision (d). (d),
including best practices for increasing cultural
competency in the provision of services and eliminating inequities in
the delivery of services that result in disparities in outcomes
among racial and ethnic populations, particularly the Latino,
Black, and Native American communities.
(f)
( g) The State Department of Social Services
shall provide information to the Assembly and Senate Budget
Committees and appropriate legislative policy committees annually,
beginning with the 2002-03 fiscal year, on all of the following:
(1) The department's progress in planning for the federal child
and family service review to be conducted by the United States
Department of Health and Human Services and, upon completion of the
federal review, the findings of that review, the state's response to
the findings, and the details of any program improvement plan entered
into by the state.
(2) The department's progress in implementing the California child
and family service reviews, including, but not limited to, the
timelines for implementation, the process to be used, and any funding
or staffing increases needed at the state or local level to
implement the requirements of this section.
(3) The findings and recommendations for child welfare system
improvements identified in county self-assessments and county system
improvement plans, including information on efforts to assess
the bases for, and address, disproportionality and disparities in
services and outcomes for children of color, common statutory,
regulatory, or fiscal barriers identified as inhibiting system
improvements, any recommendations to overcome those barriers, and, as
applicable, information regarding the allocation and use of the
moneys provided to counties pursuant to subdivision (i)
(j) .
(g)
(h) Effective April 1, 2003, the existing county
compliance review system shall be suspended to provide to the State
Department of Social Services sufficient lead time to provide
training and technical assistance to counties for the preparation
necessary to transition to the new child and family service review
system.
(h)
( i) Beginning January 1, 2004, the
department shall commence individual child and family service reviews
of California counties. County child welfare systems that do not
meet the established compliance thresholds for the outcome measures
that are reviewed shall receive technical assistance from teams made
up of state and peer-county administrators to assist with
implementing best practices to improve their performance and make
progress toward meeting established levels of compliance.
(i)
(j) (1) To the extent that funds are appropriated in
the annual Budget Act to enable counties to implement approaches to
improving their performance on the outcome indicators under this
section, the department, in consultation with counties, shall
establish a process for allocating the funds to counties.
(2) The allocation process shall take into account, at a minimum,
the extent to which the proposed funding would be used for activities
that are reasonably expected to help the county make progress toward
the outcome indicators established pursuant to this section, and the
extent to which county funding for the Child Abuse,
Abuse Prevention and Treatment program is
aligned with the outcome indicators.
(3) To the extent possible, a county shall use funds in a manner
that enables the county to access additional federal, state, and
local funds from other available sources. However, a county's ability
to receive additional matching funds from these sources shall not be
a determining factor in the allocation process established pursuant
to this subdivision.
(4) The department shall provide information to the appropriate
committees of the Legislature on the process established pursuant to
this subdivision for allocating funds to counties.
(j)
( k) (1) Counties shall continue to be
responsible for and accountable to the department for child welfare
program performance measures, including all of the following:
(A) The outcome and systemic factor measures contained in the
federal Department of Health and Human Services Child and Family
Services Review Procedures Manual, Appendix B, Index of Outcomes and
Systemic Factors, and Associated Items and Data Indicators, issued
pursuant to Sections 1355.34(b) and 1355.34(c) of Title 45 of the
Code of Federal Regulations.
(B) Information and other requirements necessary for the
California Child and Family Service Review System, as required
pursuant to this section.
(C) Monthly caseworker visits with a child in care.
(D) Timeliness to begin an investigation of allegations of child
abuse or neglect.
(E) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
other performance measures resulting from new federal mandates or
court decrees as specified in an all-county letter issued by the
department.
(2) The department shall monitor, on an ongoing basis, county
performance on the measures specified in paragraph (1).
(3) At least once every five years, the department shall conduct a
comprehensive review of county performance on the measures specified
in paragraph (1).
(4) (A) The department shall periodically update the process
guides utilized by counties to prepare the self assessments and
system improvement plans to promote implementation and evaluation of
promising practices and use of data.
(B) The process guides also shall include, but not be limited to,
both of the following:
(i) County evaluation of demographics for the children and
families served and effectiveness of the system improvement
activities for these populations.
(ii) A description of the process by which the department and
counties shall develop mutually agreed upon performance targets for
improvement.
(5) The department, in consultation with counties, shall develop a
process for resolving any disputes regarding the establishment of
appropriate targets pursuant to the process provided in paragraph
(4).
(6) A county shall submit an update to the department, no less
than annually, on its progress in achieving improvements from the
county's baseline for the applicable measure. The department may
require a county that has not met its performance targets to submit
and implement a corrective action plan, as determined by the
director.
(k)
(l) Beginning in the 2011-12 fiscal year, and for each
fiscal year thereafter, funding and expenditures for programs and
activities required under this section shall be in accordance with
the requirements provided in Sections 30025 and 30026.5 of the
Government Code.
(m) (1) The department shall contract for research evaluating the
disproportionate representation of, and inequities in services for,
Latino children and families in the child welfare system, using
existing resources or by identifying private funding, and issue a
report to the Legislature and to the Governor, including findings and
recommendations, by January 1, 2016.
(2) (A) The requirement for submitting a report imposed under
paragraph (1) is inoperative on January 1, 2020, pursuant to Section
10231.5 of the Government Code.
(B) A report to be submitted pursuant to paragraph (1) shall be
submitted in compliance with Section 9795 of the Government Code.