BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 1911 (Eggman) - Dual status minors ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: June 16, 2016 |Policy Vote: HUMAN S. 4 - 0, | | | JUD. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 1, 2016 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- 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: AB 1911 (Eggman) Page 1 of ? 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 AB 1911 (Eggman) Page 2 of ? 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 AB 1911 (Eggman) Page 3 of ? 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 AB 1911 (Eggman) Page 4 of ? 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 AB 1911 (Eggman) Page 5 of ? 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. -- END --