Amended in Senate April 4, 2013

Senate Bill No. 625

Introduced by Senator Beall

February 22, 2013

An act to amend Section 10601.2 begin delete of end delete begin insert of, and to add Section 16521.6 to, end insert the Welfare and Institutions Code, relating to child welfare.

LEGISLATIVE COUNSEL’S DIGEST

SB 625, as amended, Beall. Child welfare: racial and ethnic disparities.

begin insert

Under existing law, the Dymally-Alatorre Bilingual Services Act, every state agency that makes contact with, and every local agency that serves, a substantial number of non-English-speaking people is required to employ a sufficient number of qualified bilingual persons in public contact positions to ensure provision of information and services in the language of the non-English-speaking person, as specified.

end insert

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. begin delete Existing end delete

begin insert

This bill would prohibit the department and each county welfare department, and its vendors, from denying services to parents or children on the basis of the client’s language, or discriminating against clients on the basis of race, color, or national origin in providing services to which clients are entitled. The bill would require the department, to the extent applicable, and each county welfare department to, among other things, determine and document the communication needs of each Hispanic parent and child, provide Spanish-speaking clients with information regarding child welfare services in Spanish, and have adequate bilingual staff capacity to assign bilingual workers to Spanish-speaking families.

end insert begin insert

Existing law provides that when a child is removed from his or her family by the juvenile court, placement of the child in foster care should secure, as nearly as possible, the custody, care, and discipline equivalent to that which should have been given to the child by his or her parents.

end insert begin insert

This bill would require that care for children who are in the county welfare department’s custody shall be linguistically and culturally equivalent to, as nearly as possible, the care provided by the children’s parents. The bill would require that children of Spanish-speaking parents be placed with Spanish-speaking foster parents, and require that placement occur within 60 days from the date the children are removed from their homes.

end insert

begin insert Existing end insert 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 begin delete workplan end delete begin insert work plan end insert 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 begin insert and other child welfare services end insert , 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 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 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 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 work plan 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 work plan, 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.

(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.

(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), 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.

(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 (j).

(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.

(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.

(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 begin delete Child
Abuse Prevention and Treatment end delete begin insert child abuse prevention and
treatment end insert 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.

(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.

(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.

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begin insert SEC. 3. end insert   

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begin insert The Legislature finds and declares the following: end insert

begin insert

(a) On January 14, 1977, the Burgos Consent Decree was
entered by the court to end class action litigation between Hispanic
families and the Illinois Department of Children and Family
Services (IDCFS). The plaintiffs in the case argued that Hispanic
families were being excluded from full participation in, and were
being denied the benefits of and being subjected to discrimination
on the basis of their national origin and race in, those child and
family services programs, and sought relief pursuant to Title VI
of the Civil Rights Act of 1964.

end insert begin insert

(b) The Burgos Consent Decree sought to ensure that Hispanic
families who are Spanish speaking are provided with full and
adequate services by IDCFS. The decree ordered the IDFCS and
its vendors to provide child welfare service in Spanish to Hispanic
clients whose primary language is Spanish, required children with
Spanish-speaking parents to be placed with Spanish-speaking
foster parents, and required individual or general written
communications to Spanish-speaking clients to be in Spanish.

end insert begin insert

(c) It is the intent of the Legislature to adopt the policies outlined
in the Burgos Consent Decree to ensure that Spanish-speaking
Hispanic families within California are provided with full and
adequate child welfare services.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 16521.6 is added to the end insert begin insert Welfare and Institutions
Code end insert begin insert , to read: end insert

begin insert

begin insert 16521.6. end insert   

(a) The department and each county welfare
department, and its vendors, shall not deny services to parents or
children on the basis of the client’s language, or discriminate
against clients on the basis of race, color, or national origin in
providing services to which clients are entitled.

(b) For purposes of this section, “Hispanic” includes, but is
not limited to, persons with Puerto Rican, Mexican, Central
American, or South American origins.

(c) The department, to the extent applicable, and each county
welfare department shall do all of the following:

(1) Advertise the availability of bilingual services and
interpreters to Spanish-speaking families seeking services by
posting a notice in both Spanish and English in a conspicuous
place within its office and making reasonable efforts to advertise
the availability of bilingual services and interpreters in the Spanish
media.

(2) Identify Hispanic clients and have them sign a primary
language determination form in English and Spanish that indicates
their language of preference. This determination shall be completed
by a bilingual social worker.

(3) At first contact, determine and document the communication
needs of each Hispanic parent and child.

(4) Provide Spanish-speaking clients with information regarding
child welfare services in Spanish, including Spanish translation
of any literature, correspondence, form, or document directed to
them.

(5) Establish a procedure to translate to Spanish all relevant
materials as soon as those materials are developed.

(6) Ensure, if translation services were required, that any
document requiring the client’s signature on an English version
of a form also include a signed affidavit from the bilingual
employee who served as translator stating that he or she provided
those translation services.

(7) Ensure that minors are not used as interpreters under any
circumstance.

(8) Have adequate bilingual staff capacity to assign bilingual
workers to Spanish-speaking families.

(9) Have a bilingual staff person to provide Spanish-speaking
clients with assistance on specific inquiries or complaints
concerning the provision of child welfare services.

(10) Ensure that bilingual workers are not overburdened with
substantially higher caseloads than their English-speaking
counterparts.

(11) Provide Spanish-speaking families with bilingual social
workers and bilingual employees to provide child welfare services.

(12) Provide, and ensure that its vendors provide, to
Spanish-speaking families essential and adjunct child welfare
services in Spanish, including any service involving direct client
contact and communication.

(13) Maintain records identifying all social workers and vendors
providing child welfare services, and whether bilingual workers
and services are available.

(14) Develop a procedure to determine the language fluency of
its vendors and foster parents, and to ensure that it does not
contract for services with a vendor that cannot provide services
in the appropriate language.

(15) Conduct an annual civil rights compliance review for each
vendor with whom it has contracted to provide services to
Spanish-speaking clients.

(16) Maintain records identifying by national origin and primary
language all Hispanic clients receiving child welfare services, and
maintain key information to adequately track compliance.

(17) Train, at least once each fiscal year, all employees with
direct client contact, supervisors, and administrative staff with
substantial client contact responsibilities on the requirements of
this section.

(d) (1) Care for children who are in the county welfare
department’s custody shall be linguistically and culturally
equivalent to, as nearly as possible, the care provided by the
children’s parents. Children of Spanish-speaking parents shall be
placed with Spanish-speaking foster parents, and placement shall
occur within 60 days from the date the children are removed from
their homes.

(2) (A) Each county welfare department shall submit a monthly
report to the department with a list of all Spanish-speaking children
improperly placed in English-speaking homes during the prior
month. The report shall be cumulative and include a summary of
all measures the county has taken to locate child welfare services
for each child who has not been properly placed.

(B)  The report shall include the following information for each
placement violation: the identification number, date of birth, sex,
language, and race and ethnicity of the child; the date and reason
for opening the case; the name of, and language spoken by, the
social worker; the current type and date of placement; the number
of days in substitute care and the name of the private agency and
vendor, if applicable, and the name and race and ethnicity of, and
language spoken by, the foster parents.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert begin insert

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

end insert