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
AB 1625 (Committee on Budget) Page 3
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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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