BILL ANALYSIS                                                                                                                                                                                                    Ó



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          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:










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                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;









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                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  








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                 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








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                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  








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               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:









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             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.   








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             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  








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            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  








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            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))










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          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.  








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             (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  








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            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  








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          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  








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          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. 








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          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  








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            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)









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          Opposition





          None on file.




          Analysis Prepared by:Daphne Hunt / HUM. S. / (916) 319-2089