BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1997


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          1997 (Mark Stone)


          As Amended  August 19, 2016


          Majority vote


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          |ASSEMBLY:  |80-0  |(June 1, 2016) |SENATE: |39-0  |(August 24,      |
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          Original Committee Reference:  HUM. S.




          SUMMARY:  Adopts changes to further facilitate implementation of  
          Continuum of Care Reform (CCR) recommendations adopted by AB 403  
          (Stone), Chapter 773, Statutes of 2015 to better serve children  
          and youth in California's child welfare services system  
          including, but not limited to:  modifications of the Resource  
          Family Approval (RFA) process; required payment of basic rate to  
          all families regardless of approval process; and altered  
          requirements for mental health certification of short-term  
          residential therapeutic programs (STRTPs).


          The Senate amendments:


          1)Clarify requirements and processes and make changes regarding  
            the provision of mental health services to foster youth,  








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            including, but not limited to:


             a)   Clarifying requirements for STRTPs regarding:  criteria  
               for acceptance for placement of children, the provision of  
               specialty mental health services, and demonstration of the  
               ability to meet the therapeutic needs of children, as  
               specified;


             b)   Requiring licensing standards for out-of-state group  
               homes certified by the Department of Social Services (DSS)  
               to include licensing standards for mental health program  
               approval, as specified, permitting these standards to be  
               satisfied if an out-of-state group home has an equivalent  
               approval in the state of operation, and prohibiting  
               children from being placed in an out-of-state facility that  
               cannot satisfy licensing standards for an equivalent mental  
               health program approval;


             c)   Requiring the interagency placement committee assessment  
               to consider commonality of need to ensure health and  
               safety, and effectiveness of mental health services  
               provided to, children residing in an STRTP;


             d)   Allowing an STRTP up to 12 months from the date of  
               licensure to obtain mental health program approval that  
               includes a Medi-Cal mental health certification, as  
               specified, and requiring DSS to track the number of  
               licensed STRTPs that were unable to obtain an approval and  
               to submit this information to the Legislature annually as  
               part of the State budget process;


             e)   Requiring DHCS and DSS to develop a dispute resolution  
               process, or utilize an existing one, to jointly review a  
               disputed interagency placement committee assessment or  
               determination and further require the departments to report  
               to the Legislature on the process, use, and outcomes, as  
               specified; and








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             f)   Clarifying requirements regarding mental health program  
               approval for STRTPs, including, but not limited to, the  
               following:


                i)     Prohibiting an STRTP from directly providing  
                 specialty mental health services without a current mental  
                 health program approval, and requiring a licensed STRTP  
                 that has not obtained program approval to provide  
                 children in its care access to appropriate mental health  
                 services;


                ii)    Requiring county mental health plans to ensure that  
                 Medi-Cal specialty mental health services are provided to  
                 all Medi-Cal beneficiaries served by STRTPs who meet  
                 medical necessity criteria, as specified; and


                iii)   Clarifying the STRTP mental health program approval  
                 standards and process, as specified.


          2)Clarify requirements and processes and make changes regarding  
            resource family approval, including, but not limited to:


             a)   Requiring the department or a licensed adoption agency  
               to, upon the request of the prospective adoptive parent,  
               disclose an adoption homestudy, and any updates, to a  
               county or licensed foster family agency for purposes of  
               approving the prospective adoptive parent as a resource  
               family, as specified;


             b)   Prohibiting a foster family agency (FFA) that chooses  
               not to approve resource families from recruiting any new  
               applicants, but permitting FFAs, as authorized by DSS, to  
               coordinate with county placing agencies to locate homes for  
               foster children with its existing certified homes, as  








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               specified; and


             c)   Clarifying requirements and processes regarding resource  
               family hearings, as specified.


          3)Make other changes, including, but not limited to:


             a)   Clarifying foster care rate structures, as specified;


             b)   Changing the name of "short-term residential treatment  
               center" (STRTC) to "short-term residential therapeutic  
               program" (STRTP);


             c)   Requiring social work personnel, in addition to mandated  
               degree specifications, coursework, and experience, to meet  
               core competencies to participate in the assessment and  
               evaluation of an applicant or resource family, as  
               specified;


             d)   Expanding the list of elements to be included in an  
               FFA's and an STRTP's program statement contained in its  
               plan of operation and requiring an FFA and an STRTP  
               applicant to submit an application containing a letter of  
               recommendation, as specified;


             e)   Specifying that temporary placement of a child with an  
               able and willing relative or nonrelative extended family  
               member pending evaluation as a resource family is on an  
               emergency basis; and


             f)   Permitting the court, if it rejects the probation  
               department's placement determination for a ward of the  
               court, to instruct the probation department to determine an  
               alternative placement or to modify the placement order, as  








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               specified.


          4)Make numerous technical amendments.


          5)Make chaptering 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.   
            (Welfare and Institutions Code Section (WIC) 300.2)


          2)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))


          FISCAL EFFECT:  According to the Senate Appropriations Committee  
          on August 11, 2016:









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          1)The 2016 Budget Act includes a total of $170.6 million ($129.3  
            million General Fund) in local assistance and state operations  
            for implementation of Continuum of Care Reform (CCR) efforts.   
            This bill makes modifications to AB 403 necessary to  
            facilitate implementation.  The various changes made in this  
            bill are addressed in the budget. 


          2)The numerous changes to CCR implementation made in this bill  
            would result in unquantifiable costs.  To the extent that the  
            changes result in costs that are not included in the 2016  
            Budget Act, this bill would require additional General Fund  
            costs.


          COMMENTS: 


          Continuum of Care Reform:  The Legislature has worked and  
          continues to work with various entities in and around the Child  
          Welfare Services (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 1013 (Senate Budget and Fiscal  
          Review Committee), 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 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.  


          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  








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          403 provided for licensure of STRTCs and FFAs and requires DSS  
          to develop a new payment structure for both. 


          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.  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 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 Committee) 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 DSS 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.




          Analysis Prepared by:                                             








                                                                    AB 1997


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                          Daphne Hunt / HUM. S. / (916) 319-2089  FN:  
          0004763                     Click here to enter text.