BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON BUDGET AND FISCAL REVIEW 
                              Senator Mark Leno, Chair
                                2015 - 2016  Regular 

          Bill No:            AB 1625         Hearing Date:    August 11,  
          2016
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          |Author:   |Committee on Budget                                   |
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          |Version:  |August 8, 2016    As amended                          |
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          |Urgency:  |No                     |Fiscal:    |Yes              |
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          |Consultant|Theresa Pena                                          |
          |:         |                                                      |
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                         Subject:  Health and Human Services


          Summary: This measure makes statutory changes necessary to enact the  
          health and human services provisions of the Budget Act of 2016.
          
          Proposed  
          Law:  This bill makes various changes to health and human services  
          provisions of the Budget Act of 2016, including:

           1.Child Fatalities and Near Fatalities Reporting and Disclosure  .  
            The federal Child Abuse Prevention and Treatment Act (CAPTA)  
            requires that states receiving funds under CAPTA must disclose  
            to the public findings and information about child abuse and  
            neglect cases that result in fatalities or near fatalities.  
            Senate Bill 39 (Migden), Chapter 468, Statutes of 2007,  
            requires that once the cause of death from abuse or neglect  
            has been substantiated, the child welfare agency must, within  
            five days of a request, release specified records (age,  
            gender, date of death of the child; whether an investigation  
            is being conducted; whether the child was in foster care or in  
            the home of his/her parent or guardian), subject to redaction  
            of confidential information. Currently, California does not  
            have a policy relating to the disclosure of information in  
            near fatalities. If the state is unable to comply with new  
            federal reporting requirements, California could lose up to a  
            total of $4.8 million in CAPTA funds.  
           
          For statute concerning child fatalities reporting, this bill  







          AB 1625 (Committee on Budget)                           Page 2  
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          would:
           
              a)    Make technical, conforming changes to federal law,  
                including adding a description of specified information  
                that is not already publicly disclosed.
           
          For statute concerning child near fatalities reporting, this  
          bill would:

              a)    Provide that all documents released under SB 39 will  
                also be released in these situations, with the exception  
                of health records.

              b)    Include a written report and narrative to be provided  
                by the county, including comments of the social worker  
                involved in the case. This report will be reviewed by the  
                state Department of Social Services.

              c)    Add an additional layer of redaction, excluding any  
                information not relevant to the near fatality, in addition  
                to standard redaction of documents, such as any  
                identifying personal information.

              d)    Specify that information regarding the agency's  
                handling of the case that indicates a pattern of events or  
                has a bearing on the circumstances that led to the near  
                fatality is considered relevant and should not be  
                redacted.

              e)    Specify that any action of any individual responding  
                to the case in their professional capacity is considered  
                relevant and should not be redacted.

              f)    Allow for counsel for a child to petition the juvenile  
                court to prevent the release of any documents, or for  
                documents not specified for release under this statute to  
                be disclosed upon an order of the juvenile court.

              g)    Provide that the Department of Social Services will  
                annually issue a report identifying child near fatalities  
                and any systematic issues or patterns.

              h)    Specify that the Department will consult with  
                stakeholders in the creation of all-county letters or  








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                similar instructions no later than October 1, 2016.

           1.Independent Living Centers.  This bill appropriates seven  
            hundred and five thousand dollars from the General Fund to the  
            Department of Rehabilitation to be allocated to independent  
            living centers that currently receive less state-based funding  
            than other centers.

           2.Gross Premiums Tax Prepayment.  This bill provides for health  
            insurers subject to the zero percent gross premiums tax rate,  
            pursuant to SB 2 X2 (Hernandez), Chapter 2, Statutes of 2016,  
            are not required to make prepayments between July 1, 2016, and  
            on or before June 30, 2019.

           3.CalWORKs.  This bill makes technical changes related to  
            CalWORKs, including:  
          
             a)   Deletion of an expired reporting requirement for the  
               Expanded Subsidized Employment program.

             b)   A conforming change from calendar year to fiscal year in  
               the Approved Relative Caregiver Funding Option Program.
          
          Fiscal  
          Effect:  This bill appropriates seven hundred and five thousand dollars  
          from the General Fund to the Department of Rehabilitation.
          
          Support:   None on file.
          
          Opposed:  None on file.
          

          
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