BILL ANALYSIS Ó
AB 1997
Page 1
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, |
| | | | | |2016) |
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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.