BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 1911 (Eggman) - Dual status minors
          
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          |Version: June 16, 2016          |Policy Vote: HUMAN S. 4 - 0,    |
          |                                |          JUD. 7 - 0            |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: August 1, 2016    |Consultant: Jolie Onodera       |
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          This bill meets the criteria for referral to the Suspense File. 

          Bill  
          Summary:  AB 1911 would do the following:
           Require the Judicial Council to convene a committee comprised  
            of stakeholders involved in serving the needs of juvenile  
            dependents or wards to develop and report to the Legislature,  
            by January 1, 2018, its recommendations to facilitate and  
            enhance comprehensive data and outcome tracking for the  
            state's dual status youth.


           Require the Department of Social Services (DSS) to, on or  
            before January 1, 2019, implement a function within the Child  
            Welfare Services/Case Management System (CWS/CMS) that will  
            enable county child welfare agencies and county probation  
            departments to identify dual status youth.




          Fiscal  
          Impact:  







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            Judicial Council  :  Potential costs of about $100,000 (General  
            Fund*) to chair and direct the activities of the committee,  
            including the development of a legislative report including  
            recommendations.
            DSS  :  Minor, absorbable costs (General Fund) to implement a  
            case management system function to identify dual status youth,  
            as this functionality is currently being incorporated into the  
            Child Welfare Services-New System (CWS-NS), which is projected  
            for rollout within the timeframes specified in this measure.  
            However, should the report to the Legislature recommend an  
            alternate or new technology system to be used, costs to meet  
            the case management system functionality could be significant.  
             
            Report recommendations:   Unknown, potential major future cost  
            pressure (General Fund) to facilitate and enhance  
            comprehensive data and outcome tracking by child welfare  
            services, probation departments, and potentially other  
            agencies, as recommended in the yet to be completed report.

          *Trial Court Trust Fund


          Background:  Existing law requires, if a child is both a dependent and a  
          delinquent, the probation department and child welfare services  
          department to determine which status will best serve the  
          interests of the child and the protection of society, and  
          authorizes the probation department and the child welfare  
          services department 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. (Welfare & Institutions Code § 241.1.)
          In its report, "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, February 2016), the California State Auditor  
          stated the following results of its review:



              State-level agencies have provided limited guidance to  
              county agencies regarding youth who are involved in  
              both the child welfare system and the juvenile justice  
              system (dually involved youth) because state law does  








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              not require them to do so. As a result, counties have  
              used their own discretion in determining the degree to  
              which they track the population and outcomes of these  
              youth. While the State does not mandate such tracking,  
              best practice models recommend collecting data and  
              tracking outcomes. Since January 2005, state law grants  
              counties the option of developing local dual status  
              protocols that designate certain youth as both  
              dependents and wards of the court in order to maximize  
              support for these children. Depending on the county in  
              which they live, when youth who are already dependents  
              of the court are adjudicated wards of the court, they  
              may either have their dependency case closed (crossover  
              youth) or fall under the jurisdiction of both  
              dependency and delinquency simultaneously (dual status  
              youth). Previously, state law required counties to  
              terminate the dependency cases of youth in the child  
              welfare system who were declared wards of the court,  
              thus placing these youth within the sole jurisdiction  
              of the counties' probation agencies. Before the law  
              changed, California was one of only two states in the  
              nation that did not use some form of dual status. As of  
              February 2016, the Judicial Council reports that 18  
              counties have adopted dual status protocols. Six of  
              these counties have populations greater than 1  
              million-the counties of Los Angeles, San Diego, Orange,  
              Riverside, San Bernardino, and Santa Clara.  
              Collectively, these 18 counties represent 67 percent of  
              the State's population.


              Since the initial implementation of dual status  
              protocols in 2005, state agencies have provided the  
              counties with only limited guidance related to tracking  
              dually involved youth. Specifically, the State has not  
              defined key terms or established outcomes to track  
              related to dually involved youth, thus it cannot  
              monitor the outcomes for this population statewide. For  
              example, our review of three counties that adopted dual  
              status protocols (dual status counties)-Los Angeles,  
              Riverside, and Santa Clara-and three nondual status  
              counties-Alameda, Kern, and Sacramento-revealed that  
              the six counties had different definitions for  
              recidivism. Some counties define recidivism based on  








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              the period when the subsequent offense occurs as well  
              as the severity of the offense. Specifically, counties'  
              various definitions of the recidivism period included  
              the youth's probationary period, the six-month period  
              following disposition, the six-month period following  
              the termination of the youth's probation, and the  
              three-year period following the youth's first entry  
              into probation.  1  County definitions of recidivism  
              events also differ, as some counties consider new  
              sustained violations of probation as recidivism while  
              others include only new citations and arrests. Until  
              the State establishes standard definitions, the  
              outcomes counties decide to track are unlikely to be  
              comparable, making it difficult to determine the  
              success of county efforts.

          The report additionally provided the following highlights:

                 Since 2005 State agencies have provided limited guidance  
               to county agencies related to tracking dually involved  
               youth and cannot monitor the outcomes for this population  
               statewide.

                 Counties use their own discretion in determining the  
               degree to which they track the population and outcomes of  
               these youth.

                 The outcomes counties track are likely not comparable,  
               and therefore, it is difficult to measure the success of  
               their efforts.

                 To facilitate county tracking of dually involved youth,  
               the State could require the California Department of Social  
               Services to improve its statewide case management system's  
               functionality.

                 Five of the six counties we reviewed could not  
               accurately identify the total number of youth they had  
               declared as dually involved from January 2012 through  
               December 2014-most of the counties use their own data  
               systems for identifying this population which contain  
               inaccurate or incomplete data.

                 In reviewing the case files of 166 youth, it was found  








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               that youth in dual status counties received more continuity  
               of services from social workers and dependency attorneys  
               than did the youth in nondual status counties.

                 Counties provided little in the way of continuity of  
               court appointed special advocates.


          This bill seeks to address many of the issued identified by the  
 
          State Auditor in its report.



          Proposed Law:  
           This bill would require the Judicial Council to convene a  
          committee comprised of stakeholders involved in serving the  
          needs of dependents or wards of the juvenile court, including,  
          but not limited to, judges, probation officers, social workers,  
          youth involved in both the child welfare system and the juvenile  
          justice system, child welfare and juvenile justice attorneys,  
          child welfare and juvenile justice advocates, education  
          officials, and representatives from the DSS, county child  
          welfare agencies, and county probation departments.  
          Additionally, this bill:
           Requires the committee, by January 1, 2018, to develop and  
            report to the Legislature its recommendations to facilitate  
            and enhance comprehensive data and outcome tracking for the  
            state's youth involved in both the child welfare system and  
            the juvenile justice system. 


           Requires the committee's recommendations to include, but not  
            be limited to, all of the following:


               o      A common identifier for counties to use to reconcile  
                 data across child welfare and juvenile justice systems  
                 statewide.
               o      Standardized definitions for terms related to the  
                 populations of youth involved in both the child welfare  
                 system and the juvenile justice system.
               o      Identified and defined outcomes for counties to  
                 track youth involved in both the child welfare system and  








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                 the juvenile justice system, including, but not limited  
                 to, outcomes related to recidivism, health, pregnancy,  
                 homelessness, employment, and education.
               o      Established baselines and goals for the identified  
                 and defined outcomes specified above.
               o      An assessment as to the costs and benefits  
                 associated with requiring all counties to implement the  
                 committee's recommendations.
               o      An assessment of whether a single technology system,  
                 including, but not limited to, the DSS' CWS/CMS, is  
                 needed to track youth in the child welfare system and the  
                 juvenile justice system.

           Requires the DSS to, on or before January 1, 2019, implement a  
            function within the CWS/CMS that will enable county child  
            welfare agencies and county probation departments to identify  
            youth involved in both the child welfare system and the  
            juvenile justice system who are within their counties and  
            shall issue instructions to all counties on how to completely  
            and consistently track the involvement of these youth in both  
            the child welfare system and the juvenile justice system.




          Prior  
          Legislation:  AB 129 (Cohn) Chapter 468/2004 authorizes a minor  
          who is designated as both a dependent child and a ward of the  
          juvenile court to be known as a dual status child. This bill  
          authorizes the probation department and the child welfare  
          services department in any county to create a protocol which  
          would permit a minor who meets specified criteria to be  
          designated as both a dependent child and a ward of the juvenile  
          court.


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