BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Loni Hancock, Chair
                                2015 - 2016  Regular 

          Bill No:    AB 1001       Hearing Date:    June 14, 2016    
          
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          |Author:    |Maienschein                                          |
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          |Version:   |May 11, 2016                                         |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|AA                                                   |
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             Subject:  Child Abuse:  Reporting:  Foster Family Agencies



          HISTORY

          Source:   Children's Advocacy Institute at the University of San  
          Diego School of Law

          Prior Legislation:None

          Support:  Board of Behavioral Sciences; California District  
                    Attorneys Association; California Welfare Directors  
                    Association of California; Child Abuse Prevention  
                    Center; Crime Victims United of California

          Opposition:None known

          Assembly Floor Vote:                 78 - 0


          PURPOSE

          The purpose of this bill is to 1) require that if the California  
          Department of Social Services (CDSS), as a condition of  
          licensure, requires the specified officials of a foster family  
          agency to attend an orientation, then that orientation shall  
          include a description of policies, procedures, or practices that  
          violate state's mandated reporter statutes; 2) require CDSS to  







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          take reasonable action if a violation is found, as specified; 3)  
          add board members of a public or private organization whose  
          duties require direct contact and supervision of children as  
          mandated child abuse and neglect reporters; 4) add social  
          workers in foster family agencies to the existing county social  
          worker whistleblower program; and 5) require additional  
          legislative reporting, as specified.

          Existing law establishes the California Community Care  
          Facilities Act to provide for the licensure and regulation of  
          community care facilities. (Health and Safety Code ("HSC") §  
          1500, et seq.)

          Existing law defines a foster family agency to mean any public  
          agency or private organization engaged in the recruiting,  
          certifying, and training of, and providing professional support  
          to, foster parents, or in finding homes or other places for  
          placement of children for temporary or permanent care who  
          require that level of care. Requires private foster family  
          agencies to be organized and operated on a nonprofit basis. (HSC  
          § 1502 (a)(4))

          Existing law permits the California Department of Social  
          Services ("CDSS") to deny an application for, or suspend or  
          revoke, any license, or any special permit, certificate of  
          approval, or administrator certificate, for the violation of  
          rules or regulations governing Community Care Facilities, as  
          specified. (HSC § 1550)

          Existing law permits CDSS to prohibit any person from being a  
          member of the board of directors, an executive director, or an  
          officer of a licensee, who has violated rules or regulations,  
          engaged in conduct that is inimical to health, morals, welfare  
          or safety of the clients or others, been denied an exemption to  
          work in the facility, or other violations. (HSC 1558)

          This bill provides that if CDSS, as a condition of licensure,  
          requires the chief executive officer or other authorized member  
          of the board of directors and the administrator of a foster  
          family agency to attend an orientation given by the licensing  
          agency that outlines the applicable rules and regulations for  
          operation of a foster family agency, that orientation shall  
          include, but not be limited to, a description of policies,  
          procedures, or practices that violate the mandated child abuse  








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          and neglect reporting laws, as specified (Penal Code § 11166  
          (i)(1) or (2)).

          This bill provides that if CDSS requires, as part of an  
          application for licensure for a foster family agency, a written  
          plan of operation, that plan of operation shall include a  
          written plan establishing policies, procedures, or practices to  
          ensure that the foster family agency does not violate the  
          mandated child abuse and neglect reporting laws, as specified  
          (Penal Code § 11166 (i)(1) or (2)).

          This bill defines a foster family agency by cross-reference, as  
          specified. 

          This bill provides that CDSS "shall take reasonable action,  
          including, but not limited to, prohibiting a person from being a  
          member of the board of directors, an executive director, or an  
          officer of a licensee of a licensed facility or certified family  
          home, or denying an application for, or suspending or revoking,  
          a license, special permit, certificate of approval, or  
          administrator certificate, issued under this chapter, or denying  
          a transfer of a license pursuant to paragraph (2) of subdivision  
          (c) of Section 1524, upon a finding of a violation of  
          subdivision (i) of Section 11166 of the Penal Code, pertaining  
          to mandated child abuse and neglect reporting laws.

          Existing law requires mandated reporters to make a report of  
          suspected abuse or neglect to a specified law enforcement agency  
          or county child welfare department, prohibits agencies that are  
          required to receive reports from refusing to accept a report and  
          requires the receiving agency to maintain a record of all  
          reports received. (Penal Code § 11165.9)

          Existing law requires that a mandated reporter who in his or her  
          professional capacity knows or reasonably suspects a child has  
          been the victim of child abuse or neglect that the mandated  
          reporter must make an initial report by telephone to the agency  
          immediately or as soon as is practicably possible, and shall  
          prepare and send a written follow-up report within 36 hours of  
          receiving the information about the incident, as specified.  
          (Penal Code § 11166.)

          Existing law establishes within the Child Abuse and Neglect  
          Reporting Act, the requirement for 44 specified categories of  








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          persons who work with children to report suspected abuse or  
          neglect, as well as other individuals whose professions or  
          volunteer work may include routine interactions with children.  
          (Penal Code § 11165.7)

          This bill adds a board member of a public or private  
          organization whose duties require direct contact and supervision  
          of children, and clarifies that this includes a foster family  
          agency.

          Existing law provides that failure of a mandated reporter to  
          report an incident of known or reasonably suspected child abuse  
          or neglect is guilty of a misdemeanor punishable by up to six  
          months confinement in a county jail or by a fine of one thousand  
          dollars ($1,000) or by both that imprisonment and fine. (Penal  
          Code 11166 (c))

          Existing law specifies that mandated reporting duties are  
          individual, and prohibits any supervisor or administrator from  
          impeding or inhibiting the reporting duties, and provides that  
          no person making a report shall be subject to any sanction for  
          making the report, but permits internal procedures to facilitate  
          reporting and apprise supervisors and administrators of reports  
          to be established. (Penal Code § 11166 (i))

          This bill provides that an "internal policy shall not direct an  
          employee to allow his or her supervisor to file or process a  
          mandated report under any circumstances."

          Existing law requires CDSS to establish a process to receive  
          voluntary disclosures from social workers who believe that a  
          policy, procedure, or practice by a county child welfare agency  
          endangers the health or well-being of a child or children, and  
          is contrary to existing statute or to public policy, as  
          specified. Current law further requires a whistleblower report  
          be provided to the Legislature by January 1, 2018 with the  
          number of disclosures received, a summary of issues raised and  
          departmental actions. (Welfare and Institutions Code § 10605.5.)

          This bill provides that effective January 1, 2018, all of the  
          duties imposed on CDSS pertaining to the voluntary disclosures  
          described about "shall apply with respect to the receipt of  
          voluntary disclosures from social workers employed at a foster  
          family agency, as defined in Section 1502 of the Health and  








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          Safety Code, including, but not limited to, disclosures from  
          social workers who have reasonable cause to believe that a  
          policy, procedure, or practice violates paragraph (1) or (2) of  
          subdivision (i) of Section 11166 of the Penal Code."

          This bill would require that no later than July 1, 2019, CDSS  
          shall report to the Legislature only the following information:

           1)  The total number of relevant disclosures received from  
             social workers employed at foster family agencies, including  
             the month and year the disclosure was received.                
                          

           2) A summary description of both of the following:

          a)   The issues raised in the disclosures received from a social  
               worker.

          b)   The actions taken by the department in response to the  
               disclosures.

          This bill would require that no later than July 1, 2019, the  
          department shall post on its Internet Web site the information  
          described above.

                     RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

          For the past several years this Committee has scrutinized  
          legislation referred to its jurisdiction for any potential  
          impact on prison overcrowding.  Mindful of the United States  
          Supreme Court ruling and federal court orders relating to the  
          state's ability to provide a constitutional level of health care  
          to its inmate population and the related issue of prison  
          overcrowding, this Committee has applied its "ROCA" policy as a  
          content-neutral, provisional measure necessary to ensure that  
          the Legislature does not erode progress in reducing prison  
          overcrowding.   


          On February 10, 2014, the federal court ordered California to  
          reduce its in-state adult institution population to 137.5% of  
          design capacity by February 28, 2016, as follows:   

                 143% of design bed capacity by June 30, 2014;








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                 141.5% of design bed capacity by February 28, 2015; and,
                 137.5% of design bed capacity by February 28, 2016. 

          In December of 2015 the administration reported that as "of  
          December 9, 2015, 112,510 inmates were housed in the State's 34  
          adult institutions, which amounts to 136.0% of design bed  
          capacity, and 5,264 inmates were housed in out-of-state  
          facilities.  The current population is 1,212 inmates below the  
          final court-ordered population benchmark of 137.5% of design bed  
          capacity, and has been under that benchmark since February  
          2015."  (Defendants' December 2015 Status Report in Response to  
          February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge  
          Court, Coleman v. Brown, Plata v. Brown (fn. omitted).)  One  
          year ago, 115,826 inmates were housed in the State's 34 adult  
          institutions, which amounted to 140.0% of design bed capacity,  
          and 8,864 inmates were housed in out-of-state facilities.   
          (Defendants' December 2014 Status Report in Response to February  
          10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman  
          v. Brown, Plata v. Brown (fn. omitted).)  
           
          While significant gains have been made in reducing the prison  
          population, the state must stabilize these advances and  
          demonstrate to the federal court that California has in place  
          the "durable solution" to prison overcrowding "consistently  
          demanded" by the court.  (Opinion Re: Order Granting in Part and  
          Denying in Part Defendants' Request For Extension of December  
          31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,  
          Coleman v. Brown, Plata v. Brown (2-10-14).  The Committee's  
          consideration of bills that may impact the prison population  
          therefore will be informed by the following questions:

              Whether a proposal erodes a measure which has contributed  
               to reducing the prison population;
              Whether a proposal addresses a major area of public safety  
               or criminal activity for which there is no other  
               reasonable, appropriate remedy;
              Whether a proposal addresses a crime which is directly  
               dangerous to the physical safety of others for which there  
               is no other reasonably appropriate sanction; 
              Whether a proposal corrects a constitutional problem or  
               legislative drafting error; and
              Whether a proposal proposes penalties which are  
               proportionate, and cannot be achieved through any other  
               reasonably appropriate remedy.








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          COMMENTS

          1.Stated Need for This Bill

          The author states:

               The problem is that FFAs must recruit families to care  
               for foster children. FFAs also depend on county  
               contracts and counties won't like to see if FFAs are  
               recruiting foster parents that commit abuse or  
               neglect. So in order for FFAs to keep their contracts  
               with the counties, supervisors HAVE REFUSED TO PERMIT  
               SOCIAL WORKERS IN THEIR EMPLOY TO FILE MANDATED  
               REPORTS ON FFA FOSTER PARENTS OR FRUSTRATED SUCH  
               EFFORTS KNOWING THAT THE LIKELIHOOD OF THIS LACK OF  
               REPORTING BECOMING A CRIMINAL MATTER IS EXTREMELY  
               REMOTE. THERE MUST BE AN ADDITIONAL CIVIL REMEDY AND  
               FFAS MUST BE MADE AWARE OF IT.

          2.Background

          This bill was first heard in the Senate by the Senate Human  
          Services Committee, which passed the bill (5-0) on May 10, 2016.  
           As that Committee's analysis explained, nationally, an  
          estimated 1,520 children died from abuse and neglect in 2013,  
          according to data from the National Child Abuse and Neglect Data  
          System (NCANDS). The US Administration on Children and Families  
          translates this to a rate of 2.04 children per 100,000 children  
          in the general population and an average of four children dying  
          every day from abuse or neglect. NCANDS defines "child fatality"  
          as the death of a child caused by an injury resulting from abuse  
          or neglect or where abuse or neglect was a contributing factor.   


          In FFY 2013, an estimated 679,000 children were victims of abuse  
          and neglect, or a rate of 9.1 victims per 1,000 children in the  
          population, and or 1,860 victims per day.  More than one-quarter  
          of the victims were younger than 3 years and one in five were  
          between 3 and 5 years old.  The federal government's has  
          established as its standard that states no more than 0.32  
          percent of children in foster care should be abused.  California  
          met or surpassed that standard in the five years reported,  








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          between 2009 and 2013.

          California's county-based child welfare system is designed to  
          protect children at risk of child abuse and neglect or  
          exploitation by providing intensive services to families to  
          allow children to remain in their homes, or by arranging  
          temporary or permanent placement of the child in the safest and  
          least restrictive environment possible.  It is the legal  
          "parent" for children in the foster care system.  Approximately  
          62,000 children were under the custody of the child welfare  
          system as of October 2015, according to the state's child  
          welfare case management system. About 45,000 children were in  
          out-of-home placements in 2016, according to data released by  
          CDSS with the governor's budget.  Of those, approximately 14,000  
          are placed with Foster Family Agencies.

          The state licenses a variety of foster home options for children  
          who are determined to need out-of-home care. A foster family  
          home is typically a private home licensed by a county to provide  
          care.  Children with more intensive needs may be instead  
          referred to a foster family agency, which is a licensed,  
          private, nonprofit organization that recruits and trains foster  
          parents.  Foster parents in an FFA are certified by the FFA  
          rather than being licensed by the county.  FFAs are responsible  
          for providing professional support and case management to the  
          foster parents and children, including regular monitoring and  
          oversight of the FFA's certified families to ensure they are  
          meeting the needs of the children who are placed with them.  As  
          of June 2015, there were 242 FFAs statewide with 11,034  
          FFA-certified homes.



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