Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 878

Introduced by Assembly Member Eggman

February 26, 2015

An act to amend begin insert Section 16501.2 of, and to amend, repeal, and add end insert Section 11402 of the Welfare and Institutions Code, relating to child welfare.

LEGISLATIVE COUNSEL’S DIGEST

AB 878, as amended, Eggman. Child welfare: foster care.

Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. The program is funded by a combination of federal, state, and county begin delete funds, with moneys from the General Fund being continuously appropriated to pay for the state’s share of AFDC-FC costs end delete begin insert funds end insert .

In order to be eligible for AFDC-FC, existing law requires a child or nonminor dependent to be placed in a specified placement, begin delete including, among others, the approved home of a relative, provided the child is otherwise eligible for federal financial participation in the AFDC-FC payment end delete begin insert including a licensed group home or an out-of-state group home. Existing law provides for the licensing and regulation of community care facilities, including group homes, by the State Department of Social Services. Existing law also requires the department to provide oversight of out-of-state group homes, as specified, pursuant to the Interstate Compact on the Placement of Children end insert .

begin delete

This bill would make technical, nonsubstantive changes to those provisions.

end delete begin insert

This bill would, on and after January 1, 2018, eliminate the placement option of a group home or an out-of-state group home. The bill would authorize a short-term residential treatment center as an additional placement option and would specify the conditions for that placement option, including that the child has a documented need for short-term specialized and intensive supervision or treatment that cannot be maintained in a family setting, that the placement not exceed 120 days, except under certain circumstances, and that the child and family team, as defined, convene at least every 60 days to conduct a review of the placement, as specified. By imposing a higher level of service on county employees, the bill would impose a state-mandated local program.

end insert begin insert

The bill would also require the State Department of Social Services, on or before December 31, 2016, to establish a working group consisting of county welfare departments and other stakeholders to develop and implement a single, statewide standardized child assessment tool, known as the Child and Adolescent Needs and Strengths Plus assessment tool, that would assess specified factors, such as the impact of trauma on the child and the child’s behavioral and emotional needs. The bill would also require the department, on or before December 31, 2016, to issue guidance to the county child welfare agencies on utilizing child and family teams to review the assessment tool and make decisions concerning placements, services, and supports for a child.

end insert begin insert

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.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 11402 of the end insert begin insert Welfare and Institutions
Code end insert begin insert is amended to read: end insert

11402.  

In order to be eligible for AFDC-FC, a child or
nonminor dependent shall be placed in one of the following:

(a) The approved home of a relative, provided the child is
otherwise eligible for federal financial participation in the
AFDC-FC payment.

(b) (1) The licensed family home of a nonrelative.

(2) The approved home of a nonrelative extended family
member as described in Section 362.7.

(c) The approved home of a resource family as defined in
Section 16519.5.

(d) A licensed group home, as defined in subdivision (h) of
Section 11400, excluding a runaway and homeless youth shelter
as defined in subdivision (ab) of Section 11400, provided that the
placement worker has documented that the placement is necessary
to meet the treatment needs of the child and that the facility offers
those treatment services.

(e) The home of a nonrelated legal guardian or the home of a
former nonrelated legal guardian when the guardianship of a child
who is otherwise eligible for AFDC-FC has been dismissed due
to the child’s attaining 18 years of age.

(f) An exclusive-use home.

(g) A housing model certified by a licensed transitional housing
placement provider as described in Section 1559.110 of the Health
and Safety Code and as defined in subdivision (r) of Section 11400.

(h) An out-of-state group home, provided that the placement
worker, in addition to complying with all other statutory
requirements for placing a minor in an out-of-state group home,
documents that the requirements of Section 7911.1 of the Family
Code have been met.

(i) An approved supervised independent living setting for
nonminor dependents, as defined in subdivision (w) of Section
11400.

begin delete

(j) This section shall become operative on July 1, 2012.

end delete begin insert

(j) This section shall remain in effect only until January 1, 2018,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2018, deletes or extends that date.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 11402 is added to the end insert begin insert Welfare and Institutions
Code end insert begin insert , to read: end insert

begin insert

begin insert 11402. end insert   

(a) In order to be eligible for AFDC-FC, a child or
nonminor dependent shall be placed in one of the following:

(1) The approved home of a relative.

(2) (A) The licensed family home of a nonrelative.

(B) The approved home of a nonrelative extended family member
as described in Section 362.7.

(3) The home of a nonrelated legal guardian or the home of a
former nonrelated legal guardian when the guardianship of a child
who is otherwise eligible for AFDC-FC has been dismissed due
to the child’s attaining 18 years of age.

(4) A licensed foster family agency accredited by a national
accrediting body approved by the State Department of Social
Services.

(5) A housing model certified by a licensed transitional housing
placement provider as described in Section 1559.110 of the Health
and Safety Code and as defined in subdivision (r) of Section 11400.

(6) An approved supervised independent living setting for
nonminor dependents, as defined in subdivision (w) of Section
11400.

(7) A licensed short-term residential treatment center accredited
by a national accrediting body approved by the State Department
of Social Services, excluding a runaway and homeless youth
shelter, as defined in subdivision (ab) of Section 11400, provided
that the placement worker has documented that the placement is
necessary to meet the treatment needs of the child and that the
facility offers those treatment services and subject to the limitations
in subdivision (b).

(8) An out-of-state short-term residential treatment center
accredited by a national accrediting body approved by the State
Department of Social Services, provided that the placement worker,
in addition to complying with all other statutory requirements for
placing a minor in an out-of-state short-term residential treatment
center, documents that the requirements of Section 7911.1 of the
Family Code have been met and satisfies the conditions in
subdivision (b).

(b) (1) In order for a child or nonminor dependent to be placed
into a licensed short-term residential treatment center, pursuant
to paragraph (7) of subdivision (a), or an out-of-state short-term
residential treatment center, pursuant to paragraph (8) of
subdivision (a), all of the following conditions, and, for nonminor
dependents, the conditions specified in paragraph (3) of subdivision
(c) of Section 16501.1, shall be met:

(A) The child has a documented need for short-term, specialized,
and intensive supervision or treatment that cannot be maintained
in a family-based setting.

(B) The facility is able to meet the child’s documented needs.

(C) The child’s case plan documents the anticipated duration
of the placement and includes (i) a plan for the active participation
of the foster family, resource family, relative caregiver, or birth
family in the child’s care, and (ii) a plan and schedule for returning
the child to family care, including identification of the services
and supports necessary to return the child to a family setting or
another less restrictive placement, as described in subdivision (a),
as appropriate.

(D) The director or supervisor approves the placement.

(2) Placement in a short-term residential treatment center or
congregate or residential facility shall be reviewed by the social
worker or probation officer at each monthly visit to determine (A)
whether the placement is meeting the child’s needs, (B) the
continued need for the placement, and (C) the anticipated date for
returning the child to family care.

(3) At least every 60 days, the child and family team shall
convene to conduct a review of (A) whether the placement is
meeting the child’s needs, (B) the continued need for the placement,
and (C) the anticipated date for returning the child to family care.

(4) The placement shall not exceed 120 days unless the director
or the probation chief, or the designee of either the director or the
probation chief, has determined that progress has been made
toward implementing the case plan, that the needed services could
not be provided in a family-based setting, and that the need for
additional time in placement is substantiated.

(5) A child younger than 12 years of age shall not be placed in
a short-term residential treatment center unless the director or
the probation chief, or the designee of either the director or the
probation chief, in consultation with the child and family team,
has determined that the child cannot be maintained in a
family-based setting.

(c) For purposes of this section,“child and family team” means
a team including the child’s social worker, the child’s parents, if
appropriate and if the parents are able and willing to participate,
the child’s current caregiver, if able and willing to participate,
the child, if developmentally appropriate, and any other relatives,
supportive adults, and health, mental health, and other
professionals involved in providing care or services to the child,
which shall be convened and facilitated by county child welfare
agency staff with specialized training in family-centered team
decisionmaking.

(d) This section shall become operative on January 1, 2018.

end insert

begin insert

begin insert SEC. end insert begin insert 3. end insert   

end insert

begin insert Section 16501.2 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

16501.2.  

(a) The Legislature finds and declares all of the
following:

(1) Safety, stability, and the permanence of families in the child
welfare system are of paramount importance.

(2) Ongoing assessments that build on the strength of the child
and family unit, and that identify desired outcomes, are critical in
the development of appropriate case plans for children.

(3) If it is necessary to place a child in out-of-home care, the
use of a formal child and family assessment can enhance the
appropriateness of placement and the identification and delivery
of services necessary to meet the child’s needs and strengths,
consistent with case plan goals.

begin delete

(b) On or before December 31, 1998, the department shall issue
to all county placing agencies and the courts, current best practice
guidelines for the assessment of a child and the child’s family unit.
The guidelines shall include recommended methods for gathering
certain background information on the child and the child’s family
unit, identifying appropriate services for the case plan, and methods
of monitoring and reassessing the case plan to best meet case plan
goals. For children placed in group homes or foster family agencies,
the guidelines shall include methods for identifying appropriate
placement options, and monitoring the services provided by the
group home or foster family agency to best address the strengths
and needs of the child and the child’s family unit.

end delete begin delete

(c) (1) The department shall conduct a pilot project to test the
effectiveness of utilizing best practice standards for the assessment
of children and families receiving child welfare and foster care
services, for the purpose of identifying the strengths and needs of
the family and the child, developing and monitoring appropriate
case plans, and determining appropriate services.

end delete begin delete

(2) The pilot project shall meet all of the following conditions:

end delete begin delete

(A) On or before July 1, 1999, the department shall solicit
participation in the pilot project by counties, and, to the extent
possible, provide for broad geographical representation. On or
before September 1, 1999, the department shall select pilot counties
and begin operation of the pilot project.

end delete begin delete

(B) The pilot project shall use an assessment protocol or process
developed by the department in collaboration with county agencies
and other stakeholders.

end delete begin delete

(C) The pilot project shall be evaluated independently to judge
the effectiveness of the assessment protocol or instrument,
including whether the assessment provides adequate background
data on the child and the child’s family unit, improves achievement
of case plan goals, is judged useful to the counties and service
providers, and can be applied with ease.

end delete begin delete

(D) For children placed in group homes or foster family
agencies, the assessment protocol or process developed pursuant
to subparagraph (B) shall identify the strengths and needs of the
child to be met by the placement program and methods for
monitoring the delivery of services by the placement agencies.

end delete begin delete

(E) The assessment shall be sensitive to the ethnic and linguistic
background of the children and families being assessed, and shall
include, but not be limited to, the child’s age, previous placement
history, specific indicators, including living situation, social
situation, medical situation, educational situation, vocational
situation, emotional situation, behavioral situation, and legal,
cultural, and religious history, and areas and activities of interest.

end delete begin delete

(d) In collaboration with county agencies and other stakeholders,
and based on the results of the pilot project described in this
section, the department shall develop a formal assessment process
for children receiving foster care and child welfare services. On
or before May 1, 2001, the department shall inform the Legislature
on the status of the pilot project described in this section, and the
proposed assessment protocol or process with recommendations
for its implementation, including incorporation of the assessment
process into the child welfare services case management system.

end delete begin delete

(e) Upon satisfactory completion of the pilot project described
in this section, and development of a formal assessment instrument
or process, the department, in collaboration with representatives
of county placing agencies, training academies, and the California
Social Work Education Center, shall integrate training and
technical assistance on the family assessment guidelines into the
curriculum of the regional training academies.

end delete begin insert

(b) (1) On or before December 31, 2016, the State Department
of Social Services shall establish, pursuant to this section, in
consultation with county welfare departments and other
stakeholders, as appropriate, a working group consisting of
representatives of county welfare departments and other
stakeholders, including foster care providers, county probation
departments, and current and former foster youth, to develop and
implement the standardized Child and Adolescent Needs and
Strengths Plus assessment tool. In consultation with the working
group, the department shall issue guidance to all county placing
agencies as to the use of the Child and Adolescent Needs and
Strengths Plus assessment tool to determine the placement needs
of each child and the level of the child-centered supplement, if
any, required to meet the needs of the child.

end insert begin insert

(2) The “Child and Adolescent Needs and Strengths Plus
assessment tool” shall be a single, statewide standardized child
assessment tool that shall be used by all county child welfare
agencies to assess the needs and strengths of a child and the needs
of the child’s current or prospective foster caregiver.

end insert begin insert

(3) The standardized assessment tool shall include a list of items
that may have a direct impact on service planning for the child
and the child’s foster parent. The list of items included in the Child
and Adolescent Needs and Strengths Plus assessment tool shall
assist with evaluation of all of the following:

end insert begin insert

(A) The child’s functioning, including all of the following:

end insert begin insert

(i) The impact of trauma on the child.

end insert begin insert

(ii) Life functioning, including physical, mental, and dental
health, relationships with family members, and social skills.

end insert begin insert

(iii) Functioning in a child care or school setting.

end insert begin insert

(iv) Behavioral and emotional needs.

end insert begin insert

(v) Risk behaviors.

end insert begin insert

(vi) Strengths.

end insert begin insert

(vii) The effect of the culture of the child and the child’s family
on service provision.

end insert begin insert

(B) The foster parent’s functioning in relation to the identified
foster child, including all of the following:

end insert begin insert

(i) Supervision.

end insert begin insert

(ii) Problem solving.

end insert begin insert

(iii) Involvement with care.

end insert begin insert

(iv) Knowledge.

end insert begin insert

(v) Empathy with the child.

end insert begin insert

(vi) Organization.

end insert begin insert

(vii) Social resources.

end insert begin insert

(viii) Physical health.

end insert begin insert

(ix) Mental health.

end insert begin insert

(x) Substance use.

end insert begin insert

(xi) Developmental.

end insert begin insert

(xii) Family stress.

end insert begin insert

(xiii) Cultural congruence.

end insert begin insert

(c) On or before December 31, 2016, the department shall issue
guidance to the county child welfare agencies on utilizing child
and family teams to review the Child and Adolescent Needs and
Strengths Plus assessment tool and make decisions concerning
placements, services, and support for a child. Child and family
teams shall include the county agency social worker, the child’s
parents and current caregiver, if able and willing to participate,
the child, if developmentally appropriate, and any other relatives,
supportive adults, and health, mental health, and other
professionals involved in providing care or services to the child,
and shall be convened and facilitated by county child welfare
agency staff with specialized training in family-centered team
decisionmaking.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert To the extent that this act has an overall effect of
increasing the costs already borne by a local agency for programs
or levels of service mandated by the 2011 Realignment Legislation
within the meaning of Section 36 of Article XIII of the California
Constitution, it shall apply to local agencies only to the extent that
the state provides annual funding for the cost increase. Any new
program or higher level of service provided by a local agency
pursuant to this act above the level for which funding has been
provided shall not require a subvention of funds by the state nor
otherwise be subject to Section 6 of Article XIII B of the California
Constitution. end insert

begin delete

SECTION 1.  

Section 11402 of the Welfare and Institutions
Code is amended to read:

11402.  

In order to be eligible for AFDC-FC, a child or
nonminor dependent shall be placed in one of the following:

(a) The approved home of a relative, provided the child is
otherwise eligible for federal financial participation in the
AFDC-FC payment.

(b) (1) The licensed family home of a nonrelative.

(2) The approved home of a nonrelative extended family
member, as described in Section 362.7.

(c) The approved home of a resource family, as defined in
Section 16519.5.

(d) A licensed group home, as defined in subdivision (h) of
Section 11400, excluding a runaway and homeless youth shelter,
as defined in subdivision (ab) of Section 11400, if the placement
worker has documented that the placement is necessary to meet
the treatment needs of the child and that the facility offers those
treatment services.

(e) The home of a nonrelated legal guardian or the home of a
former nonrelated legal guardian if the guardianship of a child
who is otherwise eligible for AFDC-FC has been dismissed because
the child has attained 18 years of age.

(f) An exclusive-use home.

(g) A housing model certified by a licensed transitional housing
placement provider, as described in Section 1559.110 of the Health
and Safety Code and as defined in subdivision (r) of Section 11400.

(h) An out-of-state group home, if the placement worker, in
addition to complying with all other statutory requirements for
placing a minor in an out-of-state group home, documents that the
requirements of Section 7911.1 of the Family Code have been met.

(i) An approved supervised independent living setting for
nonminor dependents, as defined in subdivision (w) of Section
11400.

(j) This section shall become operative on July 1, 2012.

end delete