BILL ANALYSIS Ó AB 1997 Page 1 Date of Hearing: April 12, 2016 ASSEMBLY COMMITTEE ON HUMAN SERVICES Susan Bonilla, Chair AB 1997 (Mark Stone) - As Amended April 5, 2016 SUBJECT: Foster care SUMMARY: Adopts changes to further facilitate implementation of Continuum of Care Reform (CCR) recommendations to better serve children and youth in California's child welfare services system. Specifically, this bill: 1)Adopts changes regarding accreditation and licensure of Foster Family Agencies (FFAs) and Short-Term Residential Treatment Centers (STRTCs): a) Deletes the requirement that an FFA be accredited, as specified, on or after January 1, 2017, and deletes language authorizing the Department of Social Services (DSS) to issue and extend a provisional license for an FFA in order for that FFA to secure accreditation, as specified. Instead, requires the following: AB 1997 Page 2 i) An FFA licensed before January 1, 2017, must: have until December 31, 2018, to obtain accreditation; submit documentation of accreditation or application for accreditation to DSS in a time and manner determined by the department; and provide documentation to DSS reporting its accreditation status as of January 1, 2018, and July 1, 2018, in a time and manner as determined by DSS. ii) An FFA licensed on or after January 1, 2017, must: have up to 24 months from the date of licensure to obtain accreditation; submit documentation of accreditation or application for accreditation with its application for licensure; and provide documentation to DSS reporting its accreditation status at 12 months and 18 months after the date of licensure. iii) That the department be authorized to: request additional information from an FFA regarding its accreditation status; and revoke an FFA's license, as specified, for failure to obtain accreditation within the specified timeframes. b) Provides for processes by which an STRTC may obtain licensure prior to accreditation by: i) Requiring an STRTC to submit proof of accreditation or application for accreditation with its application for licensure; AB 1997 Page 3 ii) Permitting an STRTC to have up to 24 months from the date of licensure to obtain accreditation; iii) Requiring an STRTC to provide DSS with documentation regarding its accreditation status at 12 months and 18 months after the date of licensure; and iv) Authorizing DSS to revoke an STRTC's license, as specified, for failure to obtain accreditation within required timeframes. c) Removes reference to extension of provisional licenses for up to 2 years for group homes and STRTCs and FFAs. 2)Adopts changes regarding Resource Family Approval (RFA): a) Provides for DSS licensure and oversight of resource families, including: i) Prohibiting DSS from accepting applications to license foster family homes (FFHs) after January 1, 2017; ii) Establishing criteria and requirements for the AB 1997 Page 4 approved transition of FFHs to resource families by January 1, 2018; and iii) Forfeiting by operation of law all FFH licenses on December 31, 2019, except as specified. b) Requires, on and after January 1, 2017, a county to approve resource families in lieu of licensing FFHs and approving relative and nonrelative extended family members and further requires the existing licensure or approval and oversight processes to continue to be administered for FFHs and relatives or nonrelative extended family members licensed or approved prior to January 1, 2017, until the license or approval is revoked or forfeited, as specified. c) Establishes that DSS is responsible for requiring FFAs to monitor resource families, as specified, and further provides for the following responsibilities of FFAs regarding resource families: i) Requires an FFA, during its annual update of RFA, to conduct an announced inspection of a resource family home in order to ensure the resource family is conforming to all applicable laws, directives, and regulations, as specified; ii) Requires an FFA to inspect resource family homes as often as necessary to ensure the quality of care provided; and AB 1997 Page 5 iii) Authorizes an FFA to cooperatively match a child under the care, custody, and control of a county with a resource family for initial placement. d) Requires all certified family home and foster family home applications received prior to January 1, 2017, to be processed and applicable certification and oversight processes to continue for foster homes certified by an FFA or licensed prior to January 1, 2017, until the certification, licensure, or approval is revoked or forfeited, as specified. e) Stipulates that approved relatives and nonrelative extended family members, licensed FFHs, or approved adoptive homes that have completed the license or approval process prior to statewide implementation of the RFA program shall not be considered part of the program and further requires the otherwise applicable assessment and oversight processes to continue to be administered for families and facilities not included in the program. f) Prohibits a county, upon implementation of the RFA program, from accepting new applications for the licensure of FFHs, the approval of relative and nonrelative extended family members, or the approval of prospective guardians and adoptive homes. g) Authorizes DSS to waive regulations that pose a barrier AB 1997 Page 6 to the early implementation and operation of the RFA program, as specified. h) States that there is not fundamental right to approval as a resource family. i) Requires a county to conduct an unannounced inspection of a resource family home during the annual update, as specified, and to inspect resource family homes as often as necessary to ensure the quality of care provided. j) Authorizes resource families who move home locations to retain their resource family status pending the outcome of the annual update of their RFA. aa) Specifies that, in addition to other placements, children with varying designations and needs, developmental disabilities, mental disorders, or physical disabilities may be placed with a resource family, as specified. bb) Adds cooperatively matching children with resource families, as specified, to the list of activities in which an FFA may be engaged. 3)Adopts changes regarding certification of out-of-state group homes: AB 1997 Page 7 a) Requires an out-of-state group home to have a current license, or equivalent approval, in good standing issued by the appropriate authority(s) in the state in which it is operating in order to receive certification from DSS, as specified. 4)Adopts clarifying changes regarding criminal record exemptions and due process rights: a) Specifies that counties are responsible for granting, denying, or rescinding criminal records exemptions. b) Clarifies that DSS's existing due process rights regarding background checks extend to resource family parents, applicants, excluded individuals, or individuals who are a subject of a criminal record exemption decision. 5)Adopts additional changes: a) Aligns state law with federal Generally Accepted Government Auditing Standards. b) Requires private STRTCs to be organized and operated on a nonprofit basis. AB 1997 Page 8 c) Specifies that, for youth 13 years old or older, approval of placement in an STRTC by the chief probation officer, as specified, shall take place only if the placement is longer than 12 months. d) Extends by one year, to January 1, 2019, the amount of time that community treatment facility programs granted an extension have to acquire nationally recognized accreditation, as specified. e) Extends by one year, to January 1, 2019, the time until current FFA rate-setting system is repealed, as specified. f) Makes additional technical amendments. EXISTING LAW: 1)States that the purpose of foster care law is to provide maximum safety and protection for children who are being physically, sexually or emotionally abused, neglected, or exploited and to ensure the safety, protection, and physical and emotional well-being of children at risk of such harm. (WIC 300.2) 2)Declares the intent of the Legislature to, whenever possible: preserve and strengthen a child's family ties, reunify a foster child with his or her relatives, or when family AB 1997 Page 9 reunification is not possible or likely, to develop a permanent alternative. Further states the intent of the Legislature to reaffirm its commitment to children who are in out-of-home placement to live in the least restrictive family setting promoting normal childhood experiences that is suited to meet the child's or youth's needs and is as close to the child's family as possible, as specified. Further declares Legislative intent that all children live with a committed, permanent, and nurturing family and that services and supports should be tailored to meet the needs of the individual child and family being served, as specified. (WIC 16000) 3)Requires placement of a child in foster care to be based upon selection of a safe setting that is the least restrictive family setting that promotes normal childhood experiences and the most appropriate setting that meets the child's individual needs and is available, in close proximity to the parent's home, the child's school, and best suited to meet the child's special needs and best interests. Further requires the selection of placement to consider, in order of priority, placement with relatives, nonrelated extended family members, and tribal members; foster family homes, resource families, and nontreatment certified homes of foster family agencies; followed by treatment and intensive certified homes of foster family agencies; or multidimensional treatment foster care homes or therapeutic foster care homes; group care placements in the order of short-term residential treatment centers, group homes, community treatment facilities, and out-of-state residential treatment, as specified. (WIC 16501.1(d)(1)) 4)Specifies that, if placement in a short-term intensive treatment center is selected for a child, the case plan must justify this placement based on the child's needs and must AB 1997 Page 10 indicate the plan and timeline for transitioning the child to a less restrictive setting. Stipulates that this section of the case plan be reviewed and updated at least semiannually. Further requires, as of January 1, 2017, a child and family team meeting, as specified, to be convened by the county placing agency for the purpose of identifying the supports and services needed to achieve permanency and enable the child or youth to be placed in the least restrictive family setting that promotes normal childhood experiences. (WIC 16501.1(d)(2)) 5)States the intent of the Legislature that no child or youth in foster care reside in group care for longer than one year. Further requires DSS to update the Legislature regarding the outcomes of assessments of children and youth who have been in group homes for longer than one year and the corresponding outcomes of transitions, or plans to transition them, into family settings. (WIC 16010.8) 6)Requires the juvenile court to make full consideration of the proximity of a child's natural parents to the potential foster care placement of that child in order to facilitate visitation and family reunification, and if possible, for the placement to be made in the home of a relative, unless as otherwise specified. (Family Code 7950(a)) 7)Requires county child welfare agencies to make diligent efforts to locate an appropriate relative, and the juvenile court to find that these efforts have been made, prior to any child may be placed in long-term foster care. Further provides that nothing may preclude a search for an appropriate relative while the child is in foster care. (Family Code 7950(a(1) and (c)) AB 1997 Page 11 8)Requires DSS to establish a working group, in consultation with stakeholders, charged with developing recommended revisions to the current rate-setting system, services, and programs provided by foster family agencies and group homes, as specified. Further requires the working group to consider, among other things, how to ensure the provision of services in family setting that promotes normal childhood experiences and that serves the needs of the child, including aftercare services, and submit a report on its recommendations to the Legislature by October 1, 2014. (WIC 11461.2) 9)Establishes the federal Preventing Sex Trafficking and Strengthening Families Act, which places a number of requirements on states, including a number of improvements to the child welfare system aimed at improving outcomes for children and youth in foster care. Includes elimination of the Another Planned Permanent Living Arrangement as a permanency option for youth under the age of 16. (P.L. 113-183) 10)Requires DSS, in consultation with county child welfare agencies and other identified stakeholders, to implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, approving relatives and nonrelative extended family members as foster care providers, and approving adoptive families. Defines resource family as an individual or couple that a participating county of foster family agency, as specified, determines to have successfully met both the home environment assessment standards and permanency assessment criteria, as specified, necessary for providing care for a related or unrelated child who is under the jurisdiction of the juvenile court, or otherwise in the care of a county child welfare agency or probation department. AB 1997 Page 12 (WIC 16519.5) 11)Requires DSS to promote the participation of current and former foster youth in the development of state foster care and child welfare policy. (WIC 16001.7) 12)Enumerates rights of minors and nonminors in foster care, including but not limited to the right to: live in a safe, healthy, and comfortable home where he or she is treated with respect; be free from physical, sexual, emotional, or other abuse, or corporal punishment; receive adequate and healthy food, adequate clothing, and, for youth in group homes, an allowance; receive medical, dental, vision, and mental health services; be involved in the development of his or her own case plan and plan for permanent placement; and review his or her own case plan and plan for permanent placement, if he or she is 12 years of age or older and in a permanent placement, and receive information about his or her out-of-home placement and case plan, including being told of changes to the plan. (WIC 16001.9) 13)States the intent of the Legislature that foster parents, and potential foster parents, receive training in order to assist them in being effective caregivers and to enhance the safety and growth of children placed with them. Further states the need to develop a basic curriculum, a program for continuing education, and specialized training for parents caring for children with unique needs. (HSC 1529.1) 14)Requires every licensed foster parent to complete a minimum AB 1997 Page 13 of 12 hours of foster parent training, as specified, prior to any foster youth being placed with him or her. Further requires a licensed foster parent to complete at least 8 hours of foster parent training, as specified, annually. (HSC 1529.2(b)) 15)Requires DSS or its designee to perform initial and continuing inspections of out-of-state group homes in order to either certify that they meet all licensure standards required of group homes operated in California or that the department has granted a waiver to a specific licensing standard upon a finding that there exists no adverse impact to health and safety. Further stipulates that, as of January 1, 2017: a) the licensing standards applicable to out-of-state group homes certified by the department, as specified, shall be those required of STRTCs operated in California; and b) an out-of-state group home shall meet state requirements for receipt of an AFDC-FC rate. (Family Code 7911.1) FISCAL EFFECT: Unknown. COMMENTS: Challenges within the current Child Welfare Services system: There has been growing consensus in the field of child welfare, at both the national and state levels, that institutionalized settings for foster youth should be used sparingly. The placement of maltreated children in group home settings has been increasingly viewed as a temporary solution in instances where emergency or crisis treatment is warranted. Yet, as of January AB 1997 Page 14 2016, 48% of youth placed in group homes in California via Child Welfare Services (CWS) had been there over two years, and 21% had been there over five years, indicating stays longer than what might have been necessary if appropriate, intensive treatments had been deployed upon placement. While the state's CWS system is charged with maintaining the health and safety of children and providing services and supports that lead to permanency, the flow of funding, and therefore the availability of certain services and treatment, have historically been associated with a child's or youth's placement type. This often causes children and youth to have to rotate from one placement or program to another to receive the services they need, which can diminish any positive impact of the services being provided. Even prior to placement in a group home, it is common for a child to have multiple foster care placements. This type of history can be interpreted as the child being difficult-to-place and causes some, due to this history, to consider the child's or youth's ability to find permanency with a family to be limited. In actuality, ensuring that necessary services and support are available to the child or youth and the caregiver before considering moving the child or youth could greatly reduce cases in which children move multiple times. This bill emphasizes focusing necessary services on the needs of the child or youth and seeks to meet those needs upfront rather than counting on the placement type to drive the decisions about services and causing a child or youth to "fail upwards" into higher levels of care. Continuum of Care Reform: The Legislature has worked and continues to work with various entities in and around the CWS system to focus on family reunification and permanency by seeking ways to best address the needs of foster youth through less restrictive, more supportive placements and services. SB AB 1997 Page 15 1013 (Senate Budget and Fiscal Review) Chapter 35, Statutes of 2012, realigned CWS to counties, established a moratorium on the licensing of new group homes, and required DSS to convene a stakeholder workgroup. This workgroup was charged with examining the use of group homes in California and providing recommendations to the Legislature and the Governor on how to reform this use. In January 2015, DSS submitted the Continuum of Care (CCR) workgroup report to the Legislature, which included general and fiscal recommendations, alongside recommendations on home-based family care, residential treatment, and performance measures and outcomes. The report reinforced the view that group home settings are best used sparingly and temporarily, stating that: "The foundation of [these] recommendations is that all children, including those in out-of-home care, deserve to grow up in families and develop a sense of community. Their families, including foster families, also at times need assistance and support to address stressors to avert crises. For those children and youth in crisis or whom otherwise initially cannot safely get the appropriate breadth and/or intensity of services they require in a family based setting, they can access high quality, short term, treatment oriented congregate care (which includes planning for a move to home-based family care as soon as reasonably possible)." AB 403: AB 403 (Stone), Chapter 773, Statutes of 2015, adopted myriad changes aimed at implementing a number of recommendations from the DSS CCR report. These included establishing a sunset for existing licensure, rate-setting and other provisions for group homes and FFAs and establishing interim provisions. AB 403 provided for licensure of STRTCs and FFAs and requires DSS to develop a new payment structure for both. AB 1997 Page 16 Need for this bill: According to the author: "[This bill] builds upon comprehensive 2015 legislation that advances California's long-standing goal to move away from the use of long-term group home care by increasing youth placement in family settings and by transforming existing group home care into places where youth who are not ready to live with families can receive short term, intensive treatment. This measure continues the 2015 reform effort to make sure that youth in foster care have their day-to-day physical, mental, and emotional needs met; that they have the chance to grow up in permanent and supportive homes; and that they have the opportunity to grow into self-sufficient, successful adults. The measure builds upon many years of policy changes designed to improve outcomes for youth in foster care. Due to extensive ongoing collaboration between stakeholders, ongoing required workgroups discussing several components of AB 403 implementation, and the substantial policy changes created by AB 403, additional clarifying legislation is necessary. [This bill] will clarify and address several topics related to CCR, including mental health services, out-of-state group homes, accreditation and licensing, federal compliance, child and family teams (CFTs), new facility transition processes, and further resource family approval (RFA) statewide implementation. Ultimately, when children enter foster care, they need a safe, comfortable, and supportive place to stay, whether that is with a relative, a foster family, or in a short-term center. Recent changes to the law have been designed to provide options along the continuum of care spectrum to meet these needs. The technical and policy updates in this measure follow up on the new law to provide youth with the support AB 1997 Page 17 they need in foster care to return to their families or to find a permanent home if returning to their families is not an option." PRIOR LEGISLATION: AB 403 (Stone), Chapter 773, Statutes of 2015, implemented Continuum of Care Reform (CCR) recommendations to better serve children and youth in California's child welfare services system. SB 1013 (Senate Budget and Fiscal Review) Chapter 35, Statutes of 2012, realigned the child welfare services system to counties, established a moratorium on the licensing of new group homes, and required the Department of Social Services to convene a workgroup to discuss and recommend changes to the continuum of care within child welfare services and how to reform the use of congregate care. REGISTERED SUPPORT / OPPOSITION: Support County Welfare Directors Association of CA (CWDA) Department of Social Services - sponsor National Association of Social Workers, CA Chapter (NASW-CA) AB 1997 Page 18 Opposition None on file. Analysis Prepared by:Daphne Hunt / HUM. S. / (916) 319-2089