BILL ANALYSIS Ó
SB 794
Page 1
Date of Hearing: August 19, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
SB 794
(Committee on Human Services) - As Amended July 9, 2015
-----------------------------------------------------------------
|Policy |Human Services |Vote:|7 - 0 |
|Committee: | | | |
| | | | |
| | | | |
|-------------+-------------------------------+-----+-------------|
| | | | |
| | | | |
| | | | |
|-------------+-------------------------------+-----+-------------|
| | | | |
| | | | |
| | | | |
-----------------------------------------------------------------
Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY:
This bill would make numerous amendments to state law intended
to seek compliance with the federal Preventing Sex Trafficking
and Strengthening Families Act (Public Law 113-183).
SB 794
Page 2
FISCAL EFFECT:
1)Federal compliance: Annual costs of $4.2 million ($1.7
million GF) for new workload to child welfare services and
probation departments to comply with several provisions of
federal law including the development of case plans,
documentation related to the reasonable and prudent parent
standards, and notification of relatives. Under Proposition
30, these costs are not reimbursable, but the bill will apply
only to the extent the State provides annual funding for the
cost increase. These costs are funded in the 2015-16 Budget.
2)Commercially sexually exploited children (CSEC) protocols
compliance: Annual costs to local agencies in the millions of
dollars (GF/Local Funds/Federal Funds) to develop and
implement policies and procedures that identify, document, and
determine appropriate services for youth identified as
runaways/missing or CSEC. Under Proposition 30, these costs
are not reimbursable, but the bill will apply only to the
extent the State provides annual funding for the cost
increase. The 2015-16 Budget includes $20.2 million ($14
million GF) in 2015-16 to support both federally required and
elective county program activities for CSEC. It is estimated
$3.6 million GF will be utilized for federal compliance
activities.
3)Child abuse reporting: Non-reimbursable local costs for
reporting to law enforcement within 24 hours, as required by
federal law.
SB 794
Page 3
4)Child Welfare Services/Case Management System (CWS/CMS)
enhancements: Unknown, potentially significant automation
costs (GF) to enable CWS/CMS to collect specified information
on youth identified as missing/runaways or CSEC.
COMMENTS:
1)Purpose. This bill makes statutory changes necessary to
ensure state compliance with the federal Preventing Sex
Trafficking and Strengthening Families Act, as identified by
the California Department of Social Services. These include:
child sex trafficking prevention and data collection;
strengthening of the state's reasonable and prudent parent
standards; additional reinvestment of state expenditure
savings to fund post-adoption and guardianship services; the
potential establishment of a successor kinship guardian for a
child when a previous kinship guardian dies or becomes
incapacitated; the elimination of Another Planned Permanent
Living Arrangement (APPLA) for children under age 16; and an
overall focus on youth being provided the necessary services
and supports to reach successful adulthood.
This bill will ensure state statute maintains conformity with
federal law and regulations, including requirements the state
must meet in order to continue receiving federal funding
participation for its child welfare services system.
SB 794
Page 4
2)Background. According to the National Center for Missing and
Exploited Children, one in six child runaways in 2014 were
likely sex trafficking victims, 68% of which are estimated to
have been receiving child welfare services when they ran. A
March 2013 report released by the California Child Welfare
Council also made the connection between child victims of
commercial sexual exploitation and foster youth, stating that
50 to 80% of CSEC are or were involved in the child welfare
system. The report also indicated that early adolescence
(ages 11 to 13 for boys and ages 12 to 14 for girls) is when
most children fall victim to commercial sexual exploitation.
The report also reveals that children who are commercially
sexually exploited have a life expectancy of seven years after
they are first exploited, and that the leading causes of death
among exploited children are HIV/AIDS and homicide.
The Preventing Sex Trafficking and Strengthening Families Act,
which was signed into federal law on September 29, 2014,
specifically requires child welfare agencies to develop
policies and procedures to strengthen child sexual
exploitation prevention and intervention efforts, which are
reflected in this bill.
3)Proposition 30. Proposition 30, passed by the voters in
November 2012, among other provisions, eliminated any
potential mandate funding liability for any new program or
higher level of service provided by counties related to
realigned programs. Although the provisions of this bill are a
mandate on local agencies, any increased costs would not be
subject to reimbursement by the state. Rather, Proposition 30
specifies that for legislation enacted after September 30,
2012, that has an overall effect of increasing the costs
already borne by a local agency for realigned programs, which
would include child welfare services and foster care, the
provisions shall apply to local agencies only to the extent
that the state provides annual funding for the cost increase.
SB 794
Page 5
4)Related Legislation. AB 403 (Stone), pending in the Senate
Appropriations Committee, implements Continuum of Care Reform
recommendations to better serve children and youth in
California's child welfare services system.
5)Prior Legislation.
a) SB 855 (Budget and Fiscal Review Committee) Chapter 29,
Statutes of 2014, provided $5 million initially, and $14
million General Fund ongoing, for county child welfare
agencies to provide services to child victims of commercial
sexual exploitation.
b) SB 1460 (Committee on Human Services) Chapter 772,
Statutes of 2014, ensured state compliance with federal
statute and regulation regarding the Multi Ethnic Placement
Act, use of the Federal Parent Locator Service, the federal
Fostering Connections to Success and Increasing Adoptions
Act of 2008, and the Adam Walsh Act.
Analysis Prepared by:Jennifer Swenson / APPR. / (916)
319-2081
SB 794
Page 6