BILL NUMBER: AB 363 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 7, 2005
AMENDED IN ASSEMBLY MARCH 29, 2005
INTRODUCED BY Assembly Member Chu
( Coauthor: Assembly Member
Jones )
FEBRUARY 11, 2005
An act to amend Section 10601.2 of , and to add Section
10601.3 to, the Welfare and Institutions Code, relating to
public social services.
LEGISLATIVE COUNSEL'S DIGEST
AB 363, as amended, Chu. Child and Family Service Review System.
Under existing law, the State Department of Social Services
oversees the administration of county public social services,
including child welfare services. Existing law requires the
department to establish, by April 1, 2003, the California Child and
Family Service Review System, in order to review, commencing January
1, 2004, all county child welfare systems. Existing law requires the
department, beginning with the 2002-03 fiscal year, to report to the
Assembly and Senate Budget Committees and appropriate legislative
policy committees regarding the department's progress relating to
federal and state child and family service reviews.
This bill would revise the department's duty to report the above
information to instead require the department to provide information
to the designated legislative committees. The bill would add to the
information required to be provided, to include findings and
recommendations for child welfare system improvements identified in
county self-assessments and county system improvement plans,
including common barriers that inhibit system improvements, and
recommendations to overcome the barriers.
This bill would establish the Child Welfare Services
Outcomes and Accountability Fund in the State Treasury, consisting of
funds appropriated by the Legislature in the annual Budget Act. The
bill would require moneys in the fund to be expended ,
to the extent that funds are appropriated in the annual Budget Act
to enable counties to improve their performance on child
welfare service outcome indicators provided for under existing law
. The bill would , require the
department , in consultation with counties, to establish a
process for allocating the moneys in the fund
those funds to counties , and would require a county, to
the extent possible, to use moneys received from the fund
those funds in a manner designed to access
additional federal, state, and local funds.
This bill would also require the department to include information
regarding the allocation and use of moneys from the fund
the funds as part of its reporting requirement
under existing law, as discussed above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 10601.2 of the Welfare and Institutions Code is
amended to read:
10601.2.
(a) The State Department of Social Services shall establish, by
April 1, 2003, the California Child and Family Service Review System,
in order to review all county child welfare systems. These reviews
shall cover child protective services, foster care, adoption, family
preservation, family support, and independent living.
(b) Child and family service reviews shall maximize compliance
with the federal regulations for the receipt of money from Subtitle E
(commencing with Section 470) of Title IV of the federal Social
Security Act (42 U.S.C. Sec. 670 and following) and ensure compliance
with state plan requirements set forth in Subtitle B (commencing
with Section 421) of Title IV of the federal Social Security Act (42
U.S.C. Sec. 621 and following).
(c) (1) By October 1, 2002, the California Health and Human
Services Agency shall convene a workgroup comprised of
representatives of the Judicial Council, the State Department of
Social Services, the State Department of Health Services, the State
Department of Mental Health, the State Department of Education, the
Department of Child Support Services, the State Department of
Justice, any other state departments or agencies the California
Health and Human Services Agency deems necessary, the County Welfare
Directors Association, the California State Association of Counties,
the Chief Probation Officers of California, the California Youth
Connection, and representatives of California Tribes
tribes , interested child advocacy
organizations, researchers, and foster parent organizations. The
workgroup shall establish a work plan by which child and family
service reviews shall be conducted pursuant to this section,
including a process for qualitative peer reviews of case information.
(2) At a minimum, in establishing the work plan, the workgroup
shall consider any existing federal program improvement plans entered
into by the state pursuant to federal regulations, the outcome
indicators to be measured, compliance thresholds for each indicator,
timelines for implementation, county review cycles, uniform
processes, procedures and review instruments to be used, a corrective
action process, and any funding or staffing increases needed to
implement the requirements of this section. The agency shall broadly
consider collaboration with all entities to allow the adequate
exchange of information and coordination of efforts to improve
outcomes for foster youth and families.
(d) (1) The California Child and Family Service Review System
outcome indicators shall be consistent with the federal child and
family service review measures and standards for child and family
outcomes and system factors authorized by Subtitle B (commencing with
Section 421) and Subtitle E (commencing with Section 470) of Title
IV of the federal Social Security Act and the regulations adopted
pursuant to those provisions (Parts 1355 to 1357, inclusive, of Title
45 of the Code of Federal Regulations).
(2) During the first review cycle pursuant to this section, each
county shall be reviewed according to the outcome indicators
established for the California Child and Family Service Review
System.
(3) For subsequent reviews, the workgroup shall consider whether
to establish additional outcome indicators that support the federal
outcomes and any program improvement plan, and promote good health,
mental health, behavioral, educational, and other relevant outcomes
for children and families in California's child welfare services
system.
(e) The State Department of Social Services shall identify and
promote the replication of best practices in child welfare service
delivery to achieve the measurable outcomes established pursuant to
subdivision (d).
(f) The State Department of Social Services shall provide
information to the Assembly and Senate Budget Committees and
appropriate legislative policy committees annually, beginning with
the 2002-03 fiscal year, on all of the following:
(1) The department's progress in planning for the federal child
and family service review to be conducted by the United States
Department of Health and Human Services and, upon completion of the
federal review, the findings of that review, the state's response to
the findings, and the details of any program improvement plan entered
into by the state.
(2) The department's progress in implementing the California child
and family service reviews, including, but not limited to, the
timelines for implementation, the process to be used, and any funding
or staffing increases needed at the state or local level to
implement the requirements of this section.
(3) The findings and recommendations for child welfare system
improvements identified in county self-assessments and county system
improvement plans, including information on common statutory,
regulatory, or fiscal barriers identified as inhibiting system
improvements, any recommendations to overcome those barriers, and, as
applicable, information regarding the allocation and use of the
moneys provided to counties pursuant to Section 10601.3
subdivision (i) .
(g) Effective April 1, 2003, the existing county compliance review
system shall be suspended to provide to the State Department of
Social Services sufficient lead time to provide training and
technical assistance to counties for the preparation necessary to
transition to the new child and family service review system.
(h) Beginning January 1, 2004, the department shall commence
individual child and family service reviews of California counties.
County child welfare systems that do not meet the established
compliance thresholds for the outcome measures that are reviewed
shall receive technical assistance from teams made up of state and
peer-county administrators to assist with implementing best practices
to improve their performance and make progress toward meeting
established levels of compliance.
(i) (1) To the extent that funds are appropriated in the annual
Budget Act to enable counties to implement approaches to improving
their performance on the outcome indicators under this section, the
department, in consultation with counties, shall establish a process
for allocating the funds to counties.
(2) The allocation process shall take into account, at a minimum,
the extent to which the proposed funding would be used for activities
that are reasonably expected to help the county make progress toward
the outcome indicators established pursuant to this section, and the
extent to which county funding for the Child Abuse, Prevention and
Treatment program is aligned with the outcome indicators.
(3) To the extent possible, a county shall use funds allocated
pursuant to this subdivision in a manner that enables the county to
access additional federal, state, and local funds from other
available sources. However, a county's ability to receive additional
matching funds from these sources shall not be a determining factor
in the allocation process established pursuant to this subdivision.
(4) The department shall provide information to the appropriate
committees of the Legislature on the process established pursuant to
this subdivision for allocating funds to counties.
SEC. 2 Section 10601.3 is added to the Welfare and Institutions
Code, to read:
10601.3.
(a) The Child Welfare Services Outcomes and Accountability
Incentive Fund is hereby established in the State Treasury. The fund
shall consist of funds appropriated by the Legislature in the annual
Budget Act. Moneys in the fund shall be expended to enable counties
to implement approaches to improving their performance on the outcome
indicators under Section 10601.2.
(b) The State Department of Social Services, in consultation with
the counties and the Legislature, shall establish a process for
allocating the moneys in the fund to counties that are not already
receiving funding through the budget process for implementation of
program improvements in the 2005-06 Budget Act and, to the extent
that funding is provided, in subsequent budget acts. The allocation
process shall take into account, at a minimum, the extent to which
the proposed funding would be used for activities that are reasonably
expected to help the county make progress toward the outcome
indicators established pursuant to Section 10601.2, and the extent to
which county funding for the Child Abuse Prevention, Intervention,
and Treatment program is aligned with the outcome indicators
established pursuant to Section 10601.2.
(c) To the extent possible, a county shall use moneys received
from the fund in a manner that enables the county access additional
federal, state, and local funds from other available sources.
However, a county's ability to receive additional matching funds from
these sources shall not be a determining factor in the allocation
process established under this section.