BILL ANALYSIS Ó AB 1911 Page 1 Date of Hearing: April 5, 2016 ASSEMBLY COMMITTEE ON JUDICIARY Mark Stone, Chair AB 1911 (Eggman) - As Amended March 31, 2016 PROPOSED CONSENT SUBJECT: Dual-status minorS: DATA COLLECTION KEY ISSUE: IN ORDER TO BETTER UNDERSTAND HOW TO HELP YOUTH WHO ARE INVOLVED WITH BOTH THE CHILD WELFARE AND THE JUVENILE JUSTICE SYSTEMS, should COMMON IDENTIFIERS AND GOALS BE DEVELOPED TO ASSIST COUNTIES IN better IDENTIFYING THESE DUALLY INVOLVED YOUTH, BETTER ASSISTING THEM AND BETTER helping THEM TRANSITION TO ADULTHOOD? SYNOPSIS There is general agreement that youth involved with both the child welfare system and the juvenile justice system have greater challenges to overcome to become responsible adults than both youth involved with neither system and youth involved with only one of those systems. Youth involved with both of those systems have significantly poorer outcomes and require greater support and services to address the underlying abuse or neglect, reduce recidivism and foster rehabilitation. Over the years, various legislation and pilot projects have attempted to address AB 1911 Page 2 the needs of these youth, but there has yet to be a comprehensive statewide approach to meeting the needs of these youth and helping them successfully transition to adulthood. To help address how to better meet the needs of these youth, the Joint Legislative Audit Committee, at the request of this bill's author, asked the State Auditor to determine how well counties are serving youth involved with both the child welfare and juvenile welfare systems. Unfortunately, the Auditor was unable to determine which counties had successful programs because the Auditor found that counties were unable to accurately identify and track these dually involved youth. As a result, the Auditor recommended that the state child welfare automation system identify dually involved youth and that stakeholders, under the leadership of the Judicial Council, develop common data to collect, track and evaluate outcomes for these youth and report those recommendations to the Legislature. This bill, sponsored by the Children's Advocacy Institute, seeks to implement those recommendations. This bill is supported by Children Now and has no opposition. SUMMARY: Requires the development and implementation of standardized definitions and defined goals for youth involved with both the child welfare system and the juvenile justice system. Specifically, this bill: 1)Requires the Judicial Council to convene a committee of stakeholders serving the needs of dependents and wards of the juvenile court, including judges; social workers; probation officers; education officials; youth, attorneys and advocates involved with both the child welfare and juvenile justice; and representatives from the Department of Social Services (DSS), child welfare agencies and probation agencies. Requires the committee, by January 1, 2018, to develop and report to the Legislature recommendations to facilitate and enhance comprehensive data and outcome tracking for youth involved in AB 1911 Page 3 both the child welfare and juvenile justice systems. Recommendations must include: a) Common identifiers and standard definitions for counties to use across child welfare and juvenile justice systems; b) Identified and defined outcomes for counties to track youth involved in both systems, including, but not limited to, outcomes related to recidivism, health, pregnancy, homelessness, employment and education; c) Established baselines for outcomes to be tracked; and d) An assessment of costs and benefits associated with requiring counties to implement the committee's recommendations. 2)Requires DSS, by January 1, 2019, to implement a function within the child welfare automation system that will allow county child welfare and juvenile justice departments to identify youth involved in both systems and to issue instructions to all counties on how to track completely and consistently the involvement of these youth in both systems. EXISTING LAW: 1)Provides that a juvenile court has jurisdiction over a child who is subject to abuse or neglect. (Welfare and Institutions Code Section 300. Unless stated otherwise, all further statutory references are to that code.) AB 1911 Page 4 2)Provides that a juvenile court has jurisdiction over a child when that child has committed acts that trigger delinquency jurisdiction rendering the child a ward. (Sections 601 and 602.) 3)Requires that, if a child is both a dependent and a delinquent, the probation department and child welfare services agency must initially determine which status will best serve the interests of the child and the protection of society. Notwithstanding the above, authorizes the probation department and the child welfare services agency in any county, in consultation with the presiding juvenile court judge, to create a dual status protocol which would permit a minor who meets specified criteria to be designated simultaneously as both a dependent child and a ward of the juvenile court. (Section 241.1.) FISCAL EFFECT: As currently in print this bill is keyed fiscal. COMMENTS: There is general agreement that youth involved with both the child welfare system and the juvenile justice system have greater challenges to overcome to become responsible adults than both youth involved with neither system and youth involved with only one of those systems. Youth involved with both of those systems have significantly poorer outcomes and require greater support and services to address the underlying abuse or neglect, reduce recidivism and foster rehabilitation. Over the years, various legislation and pilot projects have attempted to address the needs of these youth, but there has yet to be a comprehensive statewide approach to meeting the needs of these youth and helping them successfully transition to adulthood. To help address how to better meet the needs of these youth, the Joint Legislative Audit Committee, at the request of this bill's author, asked the State Auditor to determine how well counties AB 1911 Page 5 are serving youth involved with both the child welfare and juvenile welfare systems. Unfortunately, the Auditor was unable to determine which counties had successful programs because the Auditor found that counties were unable to accurately identify and track these dually involved youth. As a result, the Auditor recommended that the state child welfare automation system identify dually involved youth and that stakeholders, under the leadership of the Judicial Council, develop common data to collect, track and evaluate outcomes for these youth and report those recommendations to the Legislature. This bill seeks to implement those recommendations. Foster youth too often end up in the delinquency system and may need even greater support and services in order to transition effectively to adulthood. Foster youth are far more likely than the general population to become involved with the juvenile justice system: Youth put in care were three times more likely to be arrested, convicted, and imprisoned as adults compared to those who were allowed to remain at home. This indicates that, after controlling for abuse severity, foster care experience has some additional impact on future criminality beyond the effects of abuse and neglect?. For children and juveniles in out-of-home placements, experiences of abuse and neglect are often compounded by other negative experiences and factors?. The extensive needs of children who are placed in foster care often go unmet, increasing the likelihood that youth will engage in future delinquent behavior. (Erin McLaughlin, Dual-System Youth: The Need for Systems Integration to Improve Outcomes for Foster Youth who Commit Delinquent Acts 16-17 (2009).) Foster youth are "not only more likely to be arrested as juveniles than their peers not in care, they are also more likely to be arrested at a younger age and AB 1911 Page 6 more likely to recidivate." (Id. at 11.) Other youth may begin involvement with the delinquency system, but their involvement in that system may actually stem, at least in part, from a chaotic home life, and there may be no safe and supportive home to which they may return after their juvenile justice involvement. Thus they begin their involvement with the juvenile justice system, but end up involved with the child welfare system. For some of these youth, if their home life had been better understood initially, they may have been able to avoid the juvenile justice system entirely and obtain the needed protection and support from the child welfare system. The outcomes for youth involved with both the child welfare and the juvenile justice systems are far bleaker than youth involved with only one of those systems. According to a study conducted in 2011 of youth in Los Angeles County, youth involved in both the child welfare and the juvenile justice systems had less desirable outcomes on a whole host of measures, including subsequent jail time, lower educational attainment, and a lower likelihood of being consistently employed, as compared with youth involved with only one of the systems. (Dennis Culhane, et al., Young Adult Outcomes of Youth Exiting Dependent or Delinquent Care In Los Angeles County (2011).) Describing the results of that study, the California Child Welfare Co-Investment Partnership wrote: Young people who come into contact with both the child welfare and juvenile justice systems are among the most vulnerable of California's children. These young people are more likely to be separated from their families, experience frequent placement changes, suffer behavioral health problems, and have poor educational outcomes when compared with children not in contact with both systems. AB 1911 Page 7 (California Child Welfare Co-Investment Partnership, Crossover Youth: A Shared Responsibility p.1 Volume X (Winner 2016) (citation omitted).) Moreover, a higher percentage of young adults who had been involved with both systems were extremely poor, as compared with youth involved with only one of the systems: Roughly half of young adults who had been involved with both systems as youth were in extreme poverty, as compared with a quarter of those formerly involved with the juvenile justice system and a third of those formerly involved with the child welfare system. Taken together, these findings make clear that the prospects for youth involved with both systems is much bleaker than for other youth. Dual Status Jurisdiction: In an effort to allow for better oversight of youth who are involved with both the child welfare and juvenile justice systems, counties, should they so elect, may adopt dual status protocols which permit children to be both dependents and wards at the same time. (AB 129 (Cohn), Chap. 468, Stats. 2004.) Dual status for children who are both wards and dependents allows for better oversight and coordination between child welfare and probation. This voluntary program authorizes the probation department and the child welfare agency in any county, in consultation with the presiding juvenile court judge, to create a dual status protocol to permit a youth who meets specified criteria to be designated simultaneously as both a dependent child and a ward of the juvenile court. According to the Judicial Council website, only 18 of California's 58 counties have elected to develop these protocols, but those counties include Los Angeles, San Diego, Santa Clara, Riverside and San Bernardino Counties, so that most youth involved with both the dependency and delinquency systems in California today live in dual-status jurisdictions. Because of the local flexibility, the dual status jurisdictions have different operating protocols and may or may not be comparable. AB 1911 Page 8 Additionally, even some counties who have not elected to establish dual-status protocols are still working on their own projects to help this most vulnerable population. State Auditor unable to report on best practices because neither state nor local agencies consistently tracked data for youth involved with both the child welfare and juvenile justice systems. The State Auditor, as directed by the Joint Legislative Audit Committee, was to determine how well counties are serving youth involved with both the child welfare and juvenile justice systems. Unfortunately, the State Auditor found it could not generally determine how county programs were performing because the state had not issued guidelines to the counties on how to track or even identify these youth, and thus, it was "difficult to determine the success of county efforts." (California State Auditor, Dually Involved Youth: The State Cannot Determine the Effectiveness of Efforts to Serve Youth Who Are Involved in Both the Child Welfare and Juvenile Justice Systems Report 2015-115 p. 2 (Feb. 2016).) The State Auditor first determined that while the dual status jurisdiction legislation has existed for over a decade, state agencies have provided little guidance to the counties on how to track and support those youth who are both dependents and wards, including defining the relevant terms or establishing outcomes that counties should track. The Auditor then reviewed six counties, three that have adopted the dual-status protocols - Los Angeles, Riverside and Santa Clara - and three that have not - Alameda, Kern and Sacramento - and found that there was no consistent way to track terms and outcomes. Without consistent definitions, and tracking of attributes and outcomes, it is impossible to reach conclusions about best models and practices, determined the Auditor. For example, the counties all defined recidivism differently, so it was impossible to say which protocols, programs or services might be working to reduce recidivism in these youth. Even more disconcerting, according to the Auditor, fully five of the six counties reviewed could AB 1911 Page 9 not even accurately identify the total number of youth they had determined were dually involved. However, four of the six counties are now starting to develop mechanisms to better track various data and outcomes Additionally, the counties only track a small subset of outcomes. For example, none of the counties tracked education measures, such as graduation rates, and most counties did not even track future juvenile justice involvement for dually involved youth, rather they only tracked outcomes for youth generally involved in the juvenile justice system. Thus, even if the counties were to define terms consistently, the state would still not be able to determine best practices unless the counties track the same outcome measures. Regardless, the Auditor was able to determine that the model the counties chose to use - whether dual status or not - appeared to have only a small impact on outcomes for these youth or on the services offered to them. Thus, the State Auditor's recommendations are all based on developing uniform measurements for better tracking youth involved in both the child welfare and juvenile justice systems, so that the state can begin to understand what the best practices may be. The Auditor also recommends that DSS, which operates the state case management automation system for tracking youth in the child welfare system - Child Welfare Services/Case Management System, develop a function in that system to allow staff in both the child welfare and juvenile justice systems to identify youth involved with both systems and issue guidance to the counties on how to use that function and fully track those youth. This should help ensure that California has a true statewide system and helps ensure that youth do not get lost in any cracks that exist between counties. This bill implements the recommendations of the State Auditor. This bill seeks to implement the recommendations of the State AB 1911 Page 10 Auditor by doing two key things. First, this bill requires the Judicial Council to convene a group of stakeholders serving the needs of dependents and wards of the juvenile court. The stakeholders include judges; social workers; probation officers; education officials; youth, attorneys and advocates involved with both the child welfare and juvenile justice; and representatives from DSS, child welfare agencies and probation agencies. The committee is required to develop recommendations to facilitate and enhance comprehensive data and outcome tracking for youth involved in both the child welfare and juvenile justice systems. Recommendations must include: (1) common identifiers and standard definitions for counties to use across child welfare and juvenile justice systems; (2) identified and defined outcomes for counties to track youth involved in both systems, including outcomes related to recidivism, health, pregnancy, homelessness, employment and education; (3) established baselines for outcomes to be tracked; and (4) an assessment of costs and benefits associated with requiring counties to implement the committee's recommendations. To ensure that the stakeholder committee has broad authority to determine how best to define and track these youth, this legislation provides a very broad definition of dually involved youth - youth that have some involvement in both the child welfare and juvenile justice systems. This does not require that these youths have become both dependents and wards of the juvenile court, which would require the court to rule on their status. Rather, it simply requires some level of involvement from both systems, perhaps just complaints and investigations on the child welfare side and arrests only on the juvenile justice side. Leaving the definition broad allows the stakeholder committee to determine what the best way is to track and support youth involved with both systems. The recommendations must be reported to the Legislature by January 1, 2018. This will allow the Legislature, two years AB 1911 Page 11 from now, to review the recommendations and decide what is appropriate to mandate, on a statewide-level in order to better track, assist and serve these youth and help them transition to adulthood more successfully. This bill should start the process to provide the Legislature with the information it lacks today to determine how best to help these youth. The bill also requires DSS, by January 1, 2019, to implement a function with the child welfare automation system -- the Child Welfare Services/Case Management System (CWS/CMS) -- that will allow county child welfare and juvenile justice departments to identify youth involved in both systems and then, hopefully, provide better, targeted services to them. DSS is also required to issue instructions to the counties to tell them how to track completely and consistently the involvement of these youth in both systems. This should help ensure that the counties properly use the new function and then are able to identify and provide appropriate services to these vulnerable youth. Again, this new identification and tracking tool is only the means to the end. The hoped for end is that, with this new tool, counties are able to provide better support and services to youth involved with both the child welfare and juvenile justice systems. This bill is the first step for the state to design, implement and perhaps mandate programs across the board to help this most vulnerable group of youth. It will help create common terms and outcomes to be tracked and will allow the Legislature to determine, two years from now, whether those terms and outcomes should be used implement and studied statewide, so that California can develop the best approaches to support these youth and help them better transition to successful adulthood. REGISTERED SUPPORT / OPPOSITION: AB 1911 Page 12 Support Children's Advocacy Institute (sponsor) Children Now Opposition None on file Analysis Prepared by:Leora Gershenzon / JUD. / (916) 319-2334