BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1911


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          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  








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          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  








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            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.)










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          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  








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          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  








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          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.   








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               (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.   








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          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  








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          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  








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          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  








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          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:










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          Support


          Children's Advocacy Institute (sponsor)


          Children Now




          Opposition


          None on file




          Analysis Prepared by:Leora Gershenzon / JUD. / (916) 319-2334