BILL NUMBER: AB 2161 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 27, 2006
INTRODUCED BY Assembly Member Hancock
FEBRUARY 21, 2006
An act to add Section 16519 Sections 16519
and 16519.5 to the Welfare and Institutions Code, relating to
public social services, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 2161, as amended, Hancock Child welfare services: resource
family pilot program.
Existing law requires the placement of dependent children by the
juvenile court according to specified procedures. Existing law
requires the state, through the State Department of Social Services
and county welfare departments, to establish and support a system of
statewide child welfare, which includes services related to foster
care placement of dependent children and adoption. Existing law
provides for the licensure of foster care providers, and the approval
of adoptive parents.
This bill would require the State Department of Social Services,
in consultation with county welfare agencies, to develop and
implement a pilot program to establish a unified resource
family approval process to replace the existing multiple processes
for licensing foster family homes, approving relatives and nonrelated
extended family members as foster care providers, and approving
adoptive families, as provided in the bill. The bill would define a
resource family for its purposes as an individual or couple that a
participating county has approved to care for a related or unrelated
child who is under the jurisdiction of the juvenile court or
otherwise in the care of a county child welfare agency.
This bill would require the department to, prior to implementing
the pilot program, promulgate standards for home approval and
permanency assessment for placing children in a resource family.
This bill would require the pilot program to be conducted in up to
5 counties that volunteer to participate. It would authorize the
pilot program to continue through the 2009-10 fiscal year, or for 3
full fiscal years following the receipt of funding for the program,
whichever is later.
Existing law establishes the Aid to Families with Dependent
Children-Foster Care (AFDC-FC) program, under which counties provide
payments to foster care providers on behalf of qualified children in
foster care. The program is funded by a combination of federal,
state, and county funds, with moneys from the General Fund being
continuously appropriated to pay for the state's share of AFDC-FC
costs. Existing law requires that a child be in one of 7 designated
placements in order to be eligible for AFDC-FC.
This bill also would require a child placed in a resource family
home that meets specified standards to be eligible for
AFDC-FC. By expanding eligibility standards for AFDC-FC benefits,
this bill would make an appropriation. The bill would provide that a
resource family be paid a specified AFDC-FC rate, and would apply
existing sharing ratios for state financial participation.
This bill would make its implementation contingent upon the
continued availability of federal funds for costs associated with the
placement of children with resource families as provided in the
bill.
The bill would also set forth specified responsibilities for the
department and counties participating in the pilot program for
implementing and enforcing standards provided in the bill.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 16519 is added to the
Welfare and Institutions Code , to read:
16519. The Legislature finds and declares the following:
(a) Safety, permanency, and well-being are crucial for the more
than 82,000 California children in foster care, and are paramount to
achieving both federal and state child welfare system improvement
goals. Foster children need safe homes with permanent connections to
family or other caring adults. The current licensing and approval
system, which screens families to care for foster children, fails to
support these outcomes.
(b) Children in foster care live in a variety of out-of-home care
settings: licensed foster family homes, approved relative and
nonrelated extended family member homes, foster family agencies, and
group homes. All of these placement types, considered facilities
under current law, are required to meet the respective health and
safety standards in order to be licensed or approved. This has
produced administrative inefficiencies and confusion among
stakeholders, and has contributed to difficulty in recruiting
suitable foster family homes for children in out-of-home care.
Increasing the number of available suitable homes will improve the
likelihood that the best home will be initially identified to meet a
child's particular needs.
(c) Child safety and well-being are not achieved solely by
ensuring that the home the child is placed in is free from physical
hazards and that adults living in the home do not have disqualifying
criminal convictions or past reports of child abuse. Child safety and
well-being are also dependent upon consideration of the resource
family's psychosocial history that includes physical health, mental
health, alcohol and substance abuse, family violence or abuse, and
experience caring for children.
(d) Research shows that children in out-of-home care placed with
relatives and nonrelated extended family members are more stable,
more likely to be placed with siblings, and more likely to stay
connected to their community and extended family. California
statutory and regulatory provisions should maximize the likelihood
that a child will initially be placed in the care of a safe relative
or nonrelated extended family member who is willing to provide
permanent care if reunification cannot be achieved.
(e) Families living in the same neighborhood as a family from
which a child has been removed are often best suited to provide for
the immediate placement needs of that child.
(f) Families who provide care to children in out-of-home placement
are a valuable resource to the people of this state and to the
children for whom they provide care.
SECTION 1. SEC. 2. Section
16519 16519.5 is added to the Welfare and
Institutions Code, to read:
16519. 16519.5. (a) The State
Department of Social Services, in consultation with county child
welfare agencies, foster parent associations, and other interested
community parties, shall develop and implement a
pilot program to establish a unified, family friendly, and
child-centered resource family approval process to replace the
existing multiple processes for licensing foster family homes,
approving relatives and nonrelated extended family members as foster
care providers, and approving adoptive families.
(b) (1) Up to five counties
shall be selected to participate on a voluntary basis in the pilot
program, according to criteria developed by the department in
consultation with the County Welfare Directors Association.
(2) Prior to implementing the pilot program, the department shall
establish standards for a unified home approval and permanency
assessment of a resource family, and the requirements for placement
in a resource family.
(c) (1) For the purposes of this section, "resource family" means
an individual or couple that a participating county has approved to
care for a related or unrelated child who is under the jurisdiction
of the juvenile court, or otherwise in the care of a county child
welfare agency. A resource family shall demonstrate all of the
following:
(A) An understanding of the safety, permanence, and well-being
needs of children who have been victims of child abuse and neglect,
and the capacity and willingness to meet those needs, including the
need for protection, and the willingness to make use of support
resources offered by the agency, or a support structure in place, or
both.
(B) An understanding of children's needs and development,
effective parenting skills or knowledge about parenting, and the
capacity to act as a prudent parent in routine decisionmaking.
(C) An understanding of his or her role as a resource family and
the capacity to work cooperatively with the agency in implementing
the child's case plan.
(D) The financial ability within the household to ensure the
stability and financial security of the family.
(2) Subsequent to approval, a resource family shall be considered
eligible to provide foster care for related and unrelated children in
out-of-home placement, shall be considered approved as an adoptive
family, and shall not have to undergo any additional approval or
licensure as long as the family lives in a county participating in
the pilot program.
(3) Resource family assessment and approval means that the
applicant meets the standard for home approval, and has successfully
completed a permanency assessment. This approval is in lieu of the
existing foster care license, relative or nonrelated extended family
member approval, and the adoption home study approval.
(4) Approval of a resource family does not guarantee an initial or
continued placement of a child with a resource family.
(d) Prior to implementation of this pilot program, the department
shall adopt standards pertaining to home approval and permanency
assessment of a resource family.
(1) Resource family home approval standards shall include, but not
be limited to, all of the following:
(A) (i) Criminal records clearance of all adults residing in the
home, pursuant to Section 8712 of the Family Code, utilizing the
California Law Enforcement Telecommunications System (CLETS), a check
of the Child Abuse Central Index (CACI), a check of the Child
Welfare Services Case Management System (CWS/CMS), and receipt of
LiveScan, unless an exemption is granted.
(ii) Consideration of any prior allegations of child abuse or
neglect against either the applicant or any other adult residing in
the home. An approval may not be granted to applicants whose criminal
record indicates a conviction for any of the offenses specified in
clause (i) of subparagraph (A) of paragraph (1) of subdivision (g) of
Section 1522 of the Health and Safety Code.
(iii) Exemptions from the criminal records clearance requirements
set forth in this section may be granted by the director using the
exemption criteria currently used for foster care licensing as
specified in subdivision (g) of Section 1522 of the Health and Safety
Code.
(B) Buildings and grounds, outdoor activity space, and storage
requirements set forth in Sections 89387, 89387.1, and 89387.2 of
Title 22 of the California Code of Regulations.
(C) In addition to the foregoing requirements, the resource family
home approval standards shall also require the following:
(i) That the applicant demonstrate an understanding about the
rights of children in care and his or her responsibility to safeguard
those rights.
(ii) That the total number of children residing in the home of a
resource family shall be no more than the total number of children
the resource family can properly care for, regardless of status, and
shall not exceed six children, unless exceptional circumstances that
are documented in the foster child's case file exist to permit a
resource family to care for more children, including but not limited
to, the need to place siblings together.
(D) The results of a caregiver risk assessment are consistent with
the factors listed in subparagraphs (A) to (C), inclusive. A
caregiver risk assessment shall include, but not be limited to,
physical and mental health, alcohol and other substance use and
abuse, and family and domestic violence.
(2) The resource family permanency assessment standards shall
include, but not be limited to, all of the following:
(A) The applicant shall complete caregiver training, a
psychosocial evaluation, and any other activities that relate to a
resource family's ability to achieve permanency with the child.
(B) The permanency assessment shall be completed within 90 days of
the child's placement in the approved home, unless good cause exists
based on the unique circumstances of the family.
(3) (A) A child may be placed with a resource family that has
received home approval prior to completion of a permanency assessment
only if a compelling reason for the placement exists based on the
needs of the child.
(B) If additional time is needed to complete the permanency
assessment, the county shall document the extenuating circumstances
for the delay and generate a timeframe for the completion of the
permanency assessment.
(C) The county shall report to the department on a quarterly basis
the number of families whose permanency assessment goes beyond 90
days and summarize the reasons for these delays.
(4) A child may be placed with a relative or nonrelated extended
family member prior to home approval and completion of the permanency
assessment only on an emergency basis if all of the following
requirements are met:
(A) (i) Criminal records clearance of all adults residing in the
home, pursuant to Section 8712 of the Family Code, utilizing the
California Law Enforcement Telecommunications System (CLETS), a check
of the Child Abuse Central Index (CACI), a check of the Child
Welfare Services Case Management System (CWS/CMS), unless an
exemption is granted pursuant to subdivision (g) of Section 1522 of
the Health and Safety Code.
(ii) Within 10 judicial days following the criminal records check
conducted through CLETS, the social worker shall ensure that a
fingerprint clearance check of the relative, and any other person
whose criminal record was obtained pursuant to this subdivision, is
initiated through the Department of Justice to ensure the accuracy of
the criminal records check conducted, and shall review the results
of any criminal records check conducted pursuant to this subdivision
to assess the safety of the home.
(iii) The Department of Justice shall forward fingerprint requests
for federal level criminal history information to the Federal Bureau
of Investigation pursuant to this section.
(B) The home and grounds are free of conditions that pose undue
risk to the health and safety of the child.
(C) For any placement made pursuant to this paragraph, the county
shall initiate the home approval process no later than five business
days after the placement, which shall include a face-to-face
interview with the resource family applicant and child.
(D) For any placement made pursuant to this paragraph, AFDC-FC
funding shall not be available until the home has been approved.
(e) The State Department of Social Services shall be responsible
for all of the following:
(1) Selecting pilot counties, based on criteria established by the
department in consultation with the County Welfare Directors
Association.
(2) Establishing timeframes for participating counties to submit
an implementation plan, enter into terms and conditions for
participation in the pilot program, train appropriate staff, and
accept applications from resource families.
(3) Entering into terms and conditions for participation in the
pilot by counties.
(4) Administering the pilot through the issuance of written
directives that shall have the same force and effect as regulations.
The directives shall be exempt from the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(5) Approving and requiring the use of a single standard for
resource family home approval and permanency assessment.
(6) Adopting and requiring the use of standardized documentation
for the home approval and permanency assessment of resource families.
(7) Requiring counties to monitor resource families including, but
not limited to, all of the following:
(A) Investigating complaints of resource families.
(B) Developing and monitoring resource family corrective action
plans to correct identified deficiencies and to rescind resource
family approval if compliance with corrective action plans is not
achieved.
(8) Ongoing oversight and monitoring of county systems and
operations including all of the following:
(A) Reviewing the county's implementation of the pilot program.
(B) Reviewing an adequate number of approved resource families in
each participating county to ensure that approval standards are being
properly applied. The review shall include case file documentation,
and may include on-site inspection of individual resource families.
The review shall occur on an annual basis, and more frequently if the
department becomes aware that a participating county is experiencing
a disproportionate number of complaints against individual resource
family homes.
(C) Reviewing county reports of serious complaints and incidents
involving approved resource families, as determined necessary by the
department. The department may conduct an independent review of the
complaint or incident and change the findings depending on the
results of its investigation.
(D) Investigating unresolved complaints against participating
counties.
(E) Requiring corrective action of counties that are not in full
compliance with the terms and conditions of the pilot program.
(9) Terminating the participation of any county that fails to make
corrective action or who otherwise violates the terms and conditions
of participation in the pilot.
(10) Preparing or having prepared within 180 days after the
conclusion of the pilot a report on the results of the pilot. The
report shall include all of the following:
(A) An analysis, utilizing available data, of state and federal
data indicators related to the length of time to permanency including
reunification, guardianship and adoption, child safety factors, and
placement stability.
(B) An analysis of resource family recruitment and retention
elements, including resource family satisfaction with approval
processes and changes regarding the population of available resource
families.
(C) An analysis of cost, utilizing available data, including
funding sources.
(f) Counties participating in the pilot shall be responsible for
all of the following:
(1) Submitting an implementation plan, entering into terms and
conditions for participation in the pilot, training appropriate
staff, and accepting applications from resource families within the
time frames established by the department.
(2) Complying with the written directives pursuant to paragraph
(4) of subdivision (e).
(3) Implementing the requirements for resource family home
approval and permanency assessment and utilizing standardized
documentation established by the department.
(4) Ensuring staff have the education and experience necessary to
complete the home approval and permanency assessment competently.
(5) Approving and denying resource family applications, including
all of the following:
(A) Rescinding home approvals and resource family approvals where
appropriate, consistent with the established standard.
(B) Providing disapproved resource families requesting review of
that decision due process by conducting county grievance reviews
pursuant to the department's regulations.
(C) Notifying the department of any decisions denying a resource
family's application or rescinding the approval of a resource family.
(6) Updating resource family approval annually.
(7) Monitoring resource families through all of the following:
(A) Ensuring that social workers who identify a condition in the
home that may not meet the approval standards set forth in
subdivision (d) while in the course of a routine visit to children
placed with a resource family take appropriate action as needed.
(B) Requiring resource families to comply with corrective action
plans as necessary to correct identified deficiencies. If corrective
action is not completed as specified in the plan, the county may
rescind the resource family approval.
(C) Requiring resource families to report to the county child
welfare agency any incidents consistent with the reporting
requirements for licensed foster family homes.
(8) Investigating all complaints against a resource family and
taking action as necessary. This shall include investigating any
incidents reported about a resource family indicating that the
approval standard is not being maintained.
(A) The child's social worker shall not conduct the formal
investigation into the complaint received concerning the approved or
pending resource family. To the extent that adequate resources are
available, complaints shall be investigated by the nonapproving
social worker.
(B) Upon conclusion of the complaint investigation, the final
disposition shall be reviewed and approved by a supervising staff
member.
(C) The department shall be notified of any serious incidents or
serious complaints or any incident that falls within the definition
of Section 11165.5 of the Penal Code. If those incidents or
complaints result in an investigation, the department shall also be
notified as to the status and disposition of that investigation.
(9) Performing corrective action as required by the department.
(10) Assessing county performance in related areas of the
California Child and Family Services Review, and remedying problems
identified.
(11) Submitting information and data that the department
determines is necessary to study, monitor, and prepare the report
specified in paragraph (10) of subdivision (e).
(g) (1) The Department of Justice shall deem criminal records
information requests made by counties or the department for applicant
and approved resource families as criminal records information
requests for prospective adoptive families, including requests for
subsequent arrest notification.
(2) When a resource family moves to another county, the Department
of Justice shall provide the new county of residence subsequent
arrest notification for that resource family.
(h) Approved relatives and nonrelated extended family members,
licensed foster family homes, or approved adoptive homes that have
completed the license or approval process prior to full
implementation of the pilot program shall not be considered part of
the pilot program. The otherwise applicable assessment and oversight
processes shall continue to be administered for families and
facilities not included in the pilot program.
(i) Upon completion of the pilot program, the status of the
resource family's approval shall continue in full force and effect,
and the resource family shall be deemed approved for licensing,
relative and nonrelated extended family member approval, and adoption
purposes.
(j) The department may waive regulations that pose a barrier to
implementation and operation of this pilot program.
(k) Resource families approved under this pilot program, who move
within a participating county or who move to another pilot program
county, shall retain the status as a resource family if the new
building and grounds, outdoor activity areas, and storage areas meet
home approval standards.
(l) A resource family approved under this pilot program and who
moves to a nonparticipating pilot program county shall lose the
status as a resource family. The new county of residence shall deem
this family approved for licensing, relative and nonrelated extended
family member approval, and adoption purposes, if the new building
and grounds, outdoor activity areas, and storage areas meet
applicable standards.
(d) It is the intent of the Legislature that all of the following
shall occur as a result of the pilot program:
(1) The pilot program shall improve safety, permanency, and
well-being for children in the child welfare system, consistent with
the federal child welfare outcomes and the Child Welfare System
Improvement and Accountability Act of 2001 (Chapter 678 of the
Statutes of 2001), by enabling families to become licensed or
approved foster parents, and also be approved as adoptive parents,
via a single process, rather than the existing multiple steps that
are required.
(2) The assessment and preparation of resource families caring for
children in out-of-home placement shall enhance the safety and
protection of children, be family focused and neighborhood-based,
promote timely reunification, adoption, or guardianship for children
with suitable families, and seek to minimize the number of placement
changes for children.
(3) A resource family shall honor the child's natural connections
and promote the goal that the best interests of the foster child
remain the central focus during the placement and decisionmaking
processes.
(4) The pilot program shall include effective system oversight and
accountability, and shall provide appropriate due process procedures
for resource families.
(5) A resource family shall meet the single home approval and
permanency assessment standard, regardless of the child's case plan
goal, or the resource family's long-term care provision goals.
(e)
(m) Implementation of the pilot program shall be
contingent upon the continued availability of federal Social Security
Act Title IV-E (42 U.S.C. Sec. 670) funds for costs associated with
placement of children with resource families assessed and approved
under the program.
(f)
(n) Notwithstanding Section 11402, a child placed with
a resource family shall be eligible for AFDC-FC payments. A resource
family shall be paid an AFDC-FC rate pursuant to Sections 11460 and
11461. Sharing ratios for nonfederal expenditures for all costs
associated with activities related to the approval of relatives and
nonrelated extended family members shall be in accordance with
Section 10101.
(o) Neither the Department of Justice nor the State Department of
Social Services may charge any additional fee for the criminal
records clearance required pursuant to this section.
(p) Approved resource families under this pilot program shall be
exempt from all of the following:
(1) Licensure requirements set forth under the Community Care
Facilities Act, commencing with Section 1500 of the of the Health and
Safety Code and all regulations promulgated thereto.
(2) Relative and nonrelated extended family member approval
requirements set forth under Sections 309, 361.4, and 362.7, and all
regulations promulgated thereto.
(3) Adoptions approval and reporting requirements set forth under
Sections 8712 and 8715 of the Family Code, and all regulations
promulgated thereto.
(g)
(q) The pilot program shall be authorized to continue
through the end of the 2009-10 fiscal year, or through the end of the
third full fiscal year following the date that funds are made
available for its implementation, whichever of these dates is later.