BILL ANALYSIS Ó SENATE COMMITTEE ON HUMAN SERVICES Senator McGuire, Chair 2015 - 2016 Regular Bill No: AB 1883 ----------------------------------------------------------------- |Author: |Cooley | ----------------------------------------------------------------- |----------+-----------------------+-----------+-----------------| |Version: |April 5, 2016 |Hearing |June 28, 2016 | | | |Date: | | |----------+-----------------------+-----------+-----------------| |Urgency: |No |Fiscal: |Yes | ---------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Mareva Brown | |: | | ----------------------------------------------------------------- Subject: Child sexual abuse: prevention pilot program SUMMARY This bill establishes a three-year pilot program in no more than three counties, selected by the California Department of Social Services (CDSS), to provide child sexual abuse prevention and intervention services through public or private nonprofit programs. It appropriates $50,000 annually from the General Fund to each county and encourages priority to fund existing prevention programs with demonstrated effectiveness in child sexual abuse or commercial sexual exploitation, as specified. It requires annual reporting to the state and Legislature. This bill requires a two-thirds vote. ABSTRACT Existing law: 1) Under federal law, establishes the Child Abuse Prevention and Treatment Act (CAPTA) which provides grant funding to applicant states to improve child protective service systems and child abuse prevention activities. Requires submission of a state plan. (42 U.S.C. 5106 et seq) 2) Establishes under federal law and implements under state law, the Community Based Child Abuse Prevention (CBCAP) AB 1883 (Cooley) PageB of? program to provide formula grant funding for community based child abuse prevention programs. (42 U.S.C. 5116 and WIC 18966.1) 3) Establishes the Office of Child Abuse Prevention (OCAP) within CDSS and designates the office to apply for and administer federal funds for child abuse prevention, as specified. (WIC 18950 et seq.) 4) Under state law, establishes the Child Abuse Prevention, Intervention and Treatment Program (CAPIT) to fund projects and services related to the prevention, intervention and treatment of child abuse in California. (WIC 18960 et seq.) 5) Establishes the State Children's Trust Fund, to fund innovative child abuse and neglect prevention and intervention projects and permits individuals to designate income taxes, counties to designate a portion of birth certificate fees, and private individuals to grant, gift and bequeath monies to the fund. (WIC 18965 et seq, RTC 18711) 6) Under the Child Abuse Prevention Coordinating Council Act permits the establishment of Child Abuse Prevention Coordinating Councils, designated by the County Board of Supervisors and funded by the State Children's Trust Fund to coordinate each county's efforts to prevent and respond to child abuse and neglect. (WIC 18980 et seq) 7) Establishes the State Family Preservation program, administered by OCAP, to avoid or limit out-of-home placement of children who have experienced child abuse or neglect within the family. Funds have been realigned to counties and are used to meet MOE requirements. (WIC 16500.5 et seq) 8) Establishes the California Child and Family Services Review (C-CFSR) process to ensure that each county AB 1883 (Cooley) PageC of? allocates CAPIT revenues through the use of an accountable process that utilizes a multidisciplinary approach, explains how funded services are coordinated with the array of services available in the county, and ensures funded services are based on priority unmet need. (WIC 10601.2) This bill: 1) Establishes a pilot program entitled The Child Sexual Abuse Prevention Program in no more than three counties to provide child sexual abuse prevention and intervention services through public or private nonprofit programs that provide child sexual abuse prevention and intervention services. 2) Appropriates $50,000 annually from the General Fund to each county that volunteers, and is selected for the pilot program. 3) Requires CDSS to select counties for the pilot program from among the counties that notify the department of their intention to participate, based on the following criteria: a. The county has significant incidences of child sexual abuse or commercially sexually exploited children. b. The county has identified a public or private nonprofit organization with experience in child sexual abuse issues or commercial sexual exploitation issues that will act as the primary administrator for the pilot program. c. A county shall be given priority for demonstrating that school districts within its jurisdiction are utilizing moneys from the federal Student Support and Academic Enrichment Grants to provide training for all school personnel on preventing and recognizing child sexual abuse. 4) Encourages each participating county to efficiently use these funds by giving priority to programs currently serving the needs of at-risk children, as defined, and that have demonstrated effectiveness in child sexual abuse AB 1883 (Cooley) PageD of? prevention or intervention or commercial sexual exploitation prevention or intervention. 5) Requires that the funds appropriated under this section not supplant or replace any existing funding for programs currently serving the needs of at-risk children, but may only supplement the expansion of existing programs or the collaboration of separate existing programs within the county, or fund newly created programs within the county if no current programs exist to serve the needs of children at risk of sexual abuse or commercial sexual exploitation. 6) Requires that a county board of supervisors allocate the pilot program funds and permits the county to delegate administration of the pilot to the county social services agency. 7) Establishes that public or private nonprofit agencies shall be eligible for funding provided that evidence is submitted as part of the application that the proposed services are not duplicated in the community, are based on needs of children at risk, and are supported by a local public agency, including, the county welfare department, a public law enforcement agency, the county probation, public health or mental health departments, the county board of supervisors or any school district. 8) Requires the administering local agency, with oversight and review from the county board of supervisors, to include and integrate the pilot program in the county system improvement plan, county self-assessments, and the county plan for other federal and state child abuse prevention programs. 9) Requires that, to the extent applicable, the county provide similar assurances, data, and outcome assessments about the pilot programs to the state Office of Child Abuse Prevention as are provided regarding other federal and state child abuse prevention programs. 10) Requires each participating county to annually report to the CDSS, the Senate and Assembly Committees on Human Services, information including, but not limited to: AB 1883 (Cooley) PageE of? a. Changing public attitudes or public opinion polls showing increased awareness of prevention techniques for child sexual abuse. b. The amount of educational materials distributed to stakeholder groups that address and promote child sexual abuse prevention and prevention techniques. c. Statistics on the increase or decrease of reports of child sexual abuse within the county. d. Identified best practices used by the pilot program that may be replicated and used by other counties, including, but not limited to, community outreach, data collection and analysis, and the creation of educational materials. 11) Sunsets the pilot program on January 1, 2020. FISCAL IMPACT According to an analysis by the Assembly Committee on Appropriations, this bill will incur annual costs of up to $150,000 (GF) through 2019 to fund up to three pilot counties, as well as minor administrative costs (GF) to CDSS to review applications for county pilot selection and to review annual reports. BACKGROUND AND DISCUSSION Purpose of the bill: According to the author, although the state aggressively prosecutes child sexual predators, requires mandated reporting for suspected abuse and has recently increased funding for commercially sexually exploited children (CSEC), there is a lack of focus on preventing the abuse before it occurs. The author states funding and training are needed to teach adults about warning signs of child sexual abuse. "By building up community collaboration, this measure strengthens the prioritization of stopping child abuse," the author states. Child abuse and neglect In 2014, there were more than 700,000 victims of abuse and neglect nationwide, resulting in a rate of 9.4 victims per 1,000 AB 1883 (Cooley) PageF of? children in the population. Of that number 8.3 percent - or roughly 60,000 children per year - were victims of sexual abuse, according to federal child abuse and reporting data reported to the US Administration on Families and Children.<1> Approximately 62,000 children were under the custody of California's child welfare system as of October 2015, according to the state's child welfare case management system. The commercial sexual exploitation of children (CSEC) is a form of human trafficking in which a child younger than 18 is caused or persuaded to engage in a sexual act for financial or other economic reasons. Under this definition, an economic exchange may be either for money or non-monetary things, such as food, shelter, drugs - commonly called "survival sex."<2> The FBI's Innocence Lost National Initiative, which was launched in June 2003, has rescued more than 4,800 children nationwide who were forced to engage in commercial sex activities, as well as successfully prosecuting more than 2,000 pimps and other adults. More than 100,000 children across the nation were believed to be involved in sex trafficking annually. The issue is especially acute in California, where San Francisco, Los Angeles and San Diego have been identified by the FBI as areas of "high intensity child prostitution." Child Abuse Prevention Funding Federal and state funding has been targeted to child abuse and neglect prevention for decades. In California, prevention grants are administered by the Office of Child Abuse Prevention (OCAP) within CDSS. OCAP provides state oversight and administers federal and state grants for child abuse prevention and treatment, including grants under the Child Abuse Prevention and --------------------------- <1> U.S. Department of Health & Human Services, Administration for Children and Families, Administration on Children, Youth and Families, Children's Bureau. (2016). Child maltreatment 2014. <2> Estes and Weiner. "The Commercial Sexual Exploitation of Children In the U. S., Canada and Mexico." Univ. of PA, 2002. http://www.sp2.upenn.edu/restes/CSEC_Files/Exec_Sum_020220.pdf AB 1883 (Cooley) PageG of? Treatment Act (CAPTA); Community Based Child Abuse Prevention (CBCAP); and Promoting Safe and Stable Families (PSSF). Additionally, California began recently providing services to Commercially Sexually Exploited Children (CSEC). Within the statutorily established parameters for each grant, states have substantial flexibility, and services provided under the grants are required to be coordinated with other programs serving children. Title IV-B CWS and Promoting Safe and Stable Families Program (PSSF) Two key sources of federal grant funding for California provide approximately $32 million (Title IV-B CWS program) and $33 million (PSSF) annually. The Title IV-B program, under a 75 percent federal match formula, is designed to protect and promote the welfare of all children, prevent child abuse and neglect, permit children to remain safely in or return safely to their own homes and to promote the safety, permanency, and well-being of children in foster care or adoptive families.<3> This program includes a requirement for a state plan documenting various aspects of the state's administration of the federal program including protections and services offered to children, coordination with other programs, the achievement of various performance requirements and the operation of a statewide information system enabling the state to monitor the wellbeing of children in foster care. The PSSF program encourages the development or expansion of community-based child and family support services, family preservation services, family reunification services, and adoption promotion and support services. California, like most states, spends the majority of these funds on child and family support services. States are required to establish a five-year Child and Family Services Plan and an annual Progress and --------------------------- --------------------------- <3> Congressional Research Service. "Child Welfare: Funding for Child and Family Services Authorized Under Title IV-B of the Social Security Act" AB 1883 (Cooley) PageH of? AB 1883 (Cooley) PageI of? Services Review,<4> which is required to integrate various state plans. Child Abuse Prevention and Treatment Act and Community Based Child Abuse Prevention The Child Abuse Prevention and Treatment Act, or CAPTA, provides $4.4 million in grant funding with no state match for state improvements to the child protective services systems, to support child abuse prevention activities, and to fund research and demonstration projects aimed at preventing child maltreatment. Included in this statute is a requirement for funds to be coordinated with other child welfare programs and funding. Under CAPTA, the Community Based Child Abuse Prevention (CBCAP) grant supports local efforts to prevent child abuse and neglect and to coordinate resources and activities to support families. California targets its CBCAP funding to improve public awareness and education about preventing child abuse, and to provide supportive services to vulnerable populations and families including mental health care, substance abuse, respite care, housing, and transportation. In the current year, $3.1 million in CBCAP funds are allocated by the state Office of Child Abuse Prevention to counties that have submitted applications. Smaller counties receive funds to supplement County Children's Trust Fund accounts of less than $20,000. The other applicant counties receive a base award of $10,000, and the remainder of the money is distributed on a population-based formula. In 2013, all counties except San Bernardino applied to receive funds with the largest grant awarded to Los Angeles County ($336,000). Many grants are of size similar to that envisioned by this bill, including --------------------------- <4> Title IV-B, Section 432(a)(2) and (5) AB 1883 (Cooley) PageJ of? Sacramento County's ($60,000).<5> State Child Abuse Prevention Services In addition to federal grant funding, California has established a variety of programs to prevent child abuse, and a system of state and local agencies to coordinate efforts. Office of Child Abuse Prevention (OCAP) OCAP provides state oversight of the federal programs, as well as the Child Abuse Prevention Intervention and Treatment (CAPIT) program. It manages a variety of other state projects, such as the Strengthening Families Initiative, the Family Development Matrix Project, the Safe Kids California Project, the Linkages Project and others. OCAP also oversees submission of the county-prepared plans that address how prevention and early intervention activities are coordinated and how services will be provided. Such plans are a component of California's compliance with federal reporting requirements for the administration of federal grants. Child Abuse Prevention Councils (CAPCs) At the county level, the Board of Supervisors appoints Child Abuse Prevention Councils, to coordinate the community's efforts to prevent and respond to child abuse and neglect. Councils are made up of representatives from county child welfare, probation, and licensing agencies; law enforcement, the district attorney, the courts, and coroner; medical and mental health providers, community-based social service providers, public and private schools; and community volunteers, civic organizations and religious institutions. Child Abuse Prevention Intervention and Treatment Program (CAPIT) The CAPIT program provides state and local funds to fulfill the matching requirements established under the federal CBCAP --------------------------- <5> ACIN NO. I-70-13 http://www.dss.cahwnet.gov/lettersnotices/EntRes/getinfo/acin/201 3/I-70_13.pdf AB 1883 (Cooley) PageK of? program. Services are targeted to children who are at high risk, including those currently served by county welfare departments, and children referred by legal, medical, or social service agencies. Funding is prioritized for programs operated by non-profit agencies that provide services to isolated families with children aged 5 or younger, home visiting programs and service to child victims of crime. Under California statute (WIC 18960), CAPIT projects must be selected using specified criteria, with priority given to private nonprofit agencies that serve the needs of children at risk of abuse or neglect and that have demonstrated effectiveness in prevention or intervention. State Children's Trust Fund The State Children's Trust Fund supports innovative and distinctive prevention and intervention projects on child abuse and neglect. It is funded through county birth certificate surcharges, state income tax designations and private donations. These monies were not realigned and are awarded by OCAP to counties that have submitted proposals. The purpose of the trust fund is to research, evaluate and disseminate information to the public, to establish public-private partnerships with foundations and corporations and to increase public awareness about child abuse and neglect via media campaigns. State Family Preservation (SFP) SFP is a state funded program in which 15 counties participate aimed at avoiding or limiting out-of-home placement of children who have experienced child abuse or neglect. Although funds have been realigned to counties, the program is administered by OCAP to meet federal requirements and to ensure funds are used to meet the MOE requirements of the PSSF program. Commercially Sexually Exploited Children (CSEC) AB 1883 (Cooley) PageL of? Funding for prevention, intervention and treatment services for CSEC is shared by the state and federal governments, and mandated under the federal Preventing Sex Trafficking and Strengthening Families Act. California has a "significant" rate of CSEC, according to CDSS, and a number of its CSEC are either foster children or foster care runaways. State and federal funding for this program is approximately $14 million annually. Related legislation: AB 883 (Cooley, 2014) was virtually identical to this bill. It was vetoed by the Governor. The Governor's veto message stated, "While this bill is undoubtedly well intentioned, it doesn't provide the criteria or funding necessary for counties to participate or for the Department of Social Services to conduct this pilot program. It may also duplicate efforts that have just gotten underway with the passage of this year's budget to combat and reduce the growing problem of commercial sexual exploitation of children." SB 855 (Committee on Budget and Fiscal Review, Chapter 29, Statutes of 2014) the Human Services budget trailer bill, establishes the Commercially Sexually Exploited Children Program to be administered by CDSS in order to adequately serve children who have been sexually exploited and required development of a methodology to distribute funding for the program. Support: The bill's sponsor, The Child Abuse Prevention Center, writes that child sexual abuse has devastating long-term impacts on individual and community health, social and economic outcomes. "Children victimized by child sexual abuse often suffer from severe depression, developing harmful coping mechanisms or addictions, such as smoking, substance abuse and obesity." By funding these three pilots, the sponsor writes this bill will create a platform for community discourse about the issue and will begin to promote community responsibility for preventing child sexual abuse. AB 1883 (Cooley) PageM of? Opposition: The California Department of Social Services opposes this bill as being duplicative of existing child abuse prevention programs, and cites concerns that the pilot programs' effectiveness would be limited by pilot program requirements and limited funding to carry out objectives. "Given the critical importance of the issue raised by your legislation, the Department would be happy to engage with your office to determine whether the objectives of your legislation could be met through existing avenues." COMMENTS This bill is virtually identical to AB 883 (Cooley, 2014) which was vetoed by the Governor. The bill creates three pilot projects for counties using grants of $50,000 each. Counties are encouraged to efficiently use these funds by giving priority to programs currently serving the needs of at-risk children that have demonstrated effectiveness in child sexual abuse prevention or intervention or commercial sexual exploitation prevention or intervention. The bill authorizes counties broadly to provide funding to public or private nonprofit entities with experience in child sexual abuse issues or commercial sexual exploitation issues. In response to the Governor's request for criteria for counties to participate in the program, the author has added the requirement that a county shall be given priority in its application for demonstrating that school districts within its jurisdiction are utilizing moneys from the Student Support and Academic Enrichment Grants created by the federal Every Student Succeeds Act (Public Law 114-95) to provide training for all school personnel on preventing and recognizing child sexual abuse. According to the California Department of Education, all designated Title 1 schools - those with high percentages of children from low-income families - will be eligible to apply for the Academic Enrichment Grants. Of the approximately 10,000 schools in California, more than 6,000 of them participate in the Title I program, according to CDE. No funding has yet been allocated through the program. Should this bill pass this committee, staff encourages the author to target the pilot program to specific innovations, AB 1883 (Cooley) PageN of? either by identifying new populations needing prevention activities, or by trying novel approaches to prevention and intervention. The author may also want to work with CDSS to explore other avenues to achieve his goals. PRIOR VOTES ----------------------------------------------------------------- |Assembly Floor: |77 - | | |0 | |-----------------------------------------------------------+-----| |Assembly Appropriations Committee: |20 - | | |0 | |-----------------------------------------------------------+-----| |Assembly Human Services Committee: |7 - | | |0 | ----------------------------------------------------------------- POSITIONS Support: Child Abuse Prevention Center (Sponsor) California Family Resource Association California Police Chiefs Association Center for Family Strengthening Children Now Vision y Compromiso The California Police Chiefs Association National Association of Social Workers The San Diego County Board of Supervisors The California Association of Marriage and Family Therapists The American Academy of Pediatrics Oppose: The California Department of Social Services (CDSS) California Right to Life Committee (CRLC) -- END -- AB 1883 (Cooley) PageO of?