BILL NUMBER: SB 955 CHAPTERED 10/10/99 CHAPTER 634 FILED WITH SECRETARY OF STATE OCTOBER 5, 1999 APPROVED BY GOVERNOR OCTOBER 5, 1999 PASSED THE SENATE SEPTEMBER 9, 1999 PASSED THE ASSEMBLY SEPTEMBER 7, 1999 AMENDED IN ASSEMBLY SEPTEMBER 2, 1999 AMENDED IN ASSEMBLY AUGUST 16, 1999 AMENDED IN ASSEMBLY JUNE 24, 1999 AMENDED IN SENATE APRIL 15, 1999 INTRODUCED BY Senator Escutia FEBRUARY 25, 1999 An act to add Sections 11462.07 and 16500.1 to the Welfare and Institutions Code, relating to child welfare services, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST SB 955, Escutia. Child welfare services: out-of-home care. Under the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, payments are made to foster care providers, including group homes, in accordance with specified rate reimbursement provisions. This bill would increase reimbursement rates for certain group home providers for the 1999-2000 fiscal year. Because funds are continuously appropriated from the General Fund to pay a share of the cost of AFDC-FC payments, the bill would constitute an appropriation. Because each county is required to pay for a share of the cost of the AFDC-FC payments, the bill would create a state-mandated local program. Existing law provides for the establishment and support of a public system of statewide child welfare services and requires all counties to have sole responsibility for the operation of the child welfare services program. This bill would establish various goals with respect to serving the needs of children who are alleged to be abused or neglected and would require the state and the State Department of Social Services to encourage the development of approaches to child protection that include taking specified actions in order to achieve these goals. It would further require the department to report to the Legislature on the results of these new provisions by January 1, 2002. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 11462.07 is added to the Welfare and Institutions Code, to read: 11462.07. Notwithstanding subdivision (h) of Section 11462, for the 1999-2000 fiscal year, a group home program that received an AFDC-FC rate for the 1998-99 fiscal year at or above the standard rate for its RCL for that fiscal year shall have its rate increased by the same percentages and on the same effective dates as provided for in subparagraphs (A) and (B) of paragraph (1) of subdivision (g) of Section 11462. SEC. 2. Section 16500.1 is added to the Welfare and Institutions Code, to read: 16500.1. (a) It is the intent of the Legislature to use the strengths of families and communities to serve the needs of children who are alleged to be abused or neglected, as described in Section 300, to reduce the necessity for removing these children from their home, to encourage speedy reunification of families when it can be safely accomplished, to locate permanent homes and families for children who cannot return to their biological families, to reduce the number of placements experienced by these children, to ensure that children leaving the foster care system have support within their communities, to improve the quality and homelike nature of out-of-home care, and to foster the educational progress of children in out-of-home care. (b) In order to achieve the goals specified in subdivision (a), the state shall encourage the development of approaches to child protection that do all of the following: (1) Allow children to remain in their own schools, in close proximity to their families. (2) Increase the number and quality of foster families available to serve these children. (3) Use a team approach to foster care that permits the biological and foster family to be part of that team. (4) Use team decisionmaking in case planning. (5) Provide support to foster children and foster families. (6) Ensure that licensing requirements do not create barriers to recruitment of qualified, high quality foster homes. (7) Provide training for foster parents and professional staff on working effectively with families and communities. (8) Encourage foster parents to serve as mentors and role models for biological parents. (9) Use community resources, including community-based agencies and volunteer organizations, to assist in developing placements for children and to provide support for children and their families. (10) Ensure an appropriate array of placement resources for children in need of out-of-home care. (c) In carrying out the requirements of subdivision (b), the department shall do all of the following: (1) Consider the existing array of program models provided in statute and in practice, including, but not limited to, wraparound services, as defined in Section 18251, children's systems of care, as provided for in Section 5852, the Oregon Family Unity or Santa Clara County Family Conference models, which include family conferences at key points in the casework process, such as when out-of-home placement or return home are considered, and the Annie E. Casey Foundation Family to Family initiative, which uses team decisionmaking in case planning, community-based placement practices requiring that children be placed in foster care in the communities where they resided prior to placement, and involve foster families as team members in family reunification efforts. (2) Ensure that emergency response services, family maintenance services, family reunification services, and permanent placement services are coordinated with the implementation of the models described in paragraph (1). (3) Ensure consistency between child welfare services program regulations and the program models described in paragraph (1). (d) The department, in conjunction with stakeholders, including, but not limited to, county child welfare services agencies, foster parent and group home associations, the California Youth Connection, and other child advocacy groups, shall review the existing child welfare services program regulations to ensure that these regulations are consistent with the legislative intent specified in subdivision (a). This review shall also determine how to incorporate the best practice guidelines for assessment of children and families receiving child welfare and foster care services, as required by Section 16501.2. (e) The department shall report to the Legislature on the results of the actions taken under this section on or before January 1, 2002. SEC. 3. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.