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 ----------------------------------------------------------------- |Author: |Committee on Budget | |----------+------------------------------------------------------| |Version: |August 8, 2016 As amended | ----------------------------------------------------------------- ---------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ---------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Theresa Pena | |: | | ----------------------------------------------------------------- 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 of ? 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 AB 1625 (Committee on Budget) Page 3 of ? 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. -- END --