BILL ANALYSIS Ó AB 1997 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1997 (Mark Stone) As Amended August 19, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |80-0 |(June 1, 2016) |SENATE: |39-0 |(August 24, | | | | | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- 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, AB 1997 Page 2 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 AB 1997 Page 3 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 AB 1997 Page 4 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 AB 1997 Page 5 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: AB 1997 Page 6 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 AB 1997 Page 7 403 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 Page 8 Daphne Hunt / HUM. S. / (916) 319-2089 FN: 0004763 Click here to enter text.