BILL ANALYSIS
AB 2161
Page 1
Date of Hearing: April 4, 2006
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Noreen Evans, Chair
AB 2161 (Hancock) - As Amended: March 27, 2006
SUBJECT : Child Welfare Services: pilot project.
SUMMARY : Creates the Unified Resource Family Approvals Pilot
Project. Specifically, this bill :
1)Makes findings and declarations about the importance of
safety, permanency and well-being for foster children in a
variety of out-of-home-care settings.
2)Requires the State Department of Social Services (DSS) in
consultation with county child welfare agencies, foster parent
associations and other interested parties to implement a pilot
project to streamline approval of adoptive families.
3)Specifies that up to five counties be selected to voluntarily
participate in the project.
4)Requires that prior to implementing the pilot program, DSS
establish standards and uniform documentation for a unified
home approval and permanency assessment for resource families
based on specified criteria.
5)Defines a "resource family" as one a participating county has
approved to care for a child under the jurisdiction of the
juvenile court.
6)Requires completion of the assessment within 90 days of the
child's placement in the approved home unless good cause
exists.
7)Requires counties to report to DSS on a quarterly basis the
number of families whose permanency assessment goes beyond 90
days and summarize the reasons for such delays.
8)Requires counties to submit an implementation plan for the
pilot project.
9)Requires DSS to prepare or have prepared a report on the
results of the pilot no later than 180 days after the
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conclusion of the pilot program.
10)Exempts approved resource families from additional licensure
under the Community Care Facilities Act, and from meeting
additional requirements for foster care under the Welfare and
Institutions and the Family Code.
11)Mandates that the Department of Justice (DOJ) deem criminal
records information requests made by the counties or by DSS
for applicant and approved resource families as criminal
records information requests for prospective adoptive
families.
12)Specifies that when a family moves to another county, the DOJ
must notify the new county of residence about subsequent
arrest notification for that resource family.
13)Allows the status of the resource family's approval to
continue even after the pilot project is completed.
14)Prohibits the DOJ or DSS from charging any additional fee for
the live-scan, fingerprinting or provision of criminal record
information as a result of instituting this pilot.
EXISTING LAW
1)Provides for the licensure of foster care providers in foster
family homes that provide care for no more than six children.
2)Specifies that a relative caregiver's home is exempt from
foster home licensure, but requires relatives and their homes
to be assessed by standards equivalent to licensure and
approved by a county social worker.
3)Allows for kinship adoption of children and establishment of a
permanency option when it is determined to be in the best
interest of the child.
4)Requires state compliance of the federal Adoption and Safe
Families Act and the approval of adoptive parents.
FISCAL EFFECT : Unknown.
COMMENTS : The existing approval and licensure processes for
foster parents, relative caregivers and adoptive parents are
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duplicative and confusing for potential caregivers. For
example, all currently approved relatives and licensed foster
parents caring for a child in their home must undergo a second,
nearly identical criminal background check if they want to adopt
that child. Such redundancies in the current process create
confusion for caregivers, make the licensure process cumbersome
and cause delays for children in need of permanent adoptive
homes.
The current three-pronged and sequential system for
approval/licensure is mostly a result of antiquated policies and
regulations which treat foster and adoptive caregivers not as
family homes but as "facilities." As a result, the current
process for assessing foster caregivers places greater emphasis
on health and safety standards linked to the home as a facility
("building and grounds") rather than the foster caregiver's
readiness and ability to provide a supportive family environment
for the child.
The author states that "(t)he current system also fails to
consider the new realities of child welfare including mandates
for concurrent planning. In concurrent planning, county child
welfare agencies work with the birth family to reunify with
their children, while simultaneously preparing a plan for
permanency (such as adoption or guardianship) if reunification
efforts should fail."
The Unified Assessment of Resource Families Pilot Project is
designed to address these concerns by reducing redundant
requirements and viewing potential caregivers in the context of
their ability to care for a child. The safety of children will
not be compromised - this pilot project builds on the current
health and safety requirements regarding the family's home and
the caregiver's criminal history. Five counties are eligible to
participate based upon criteria developed by DSS and the County
Welfare Director's Association.
The pilot project is consistent with federal and state
legislation calling for systemic improvements in child welfare.
Both the Child Welfare System Improvement and Accountability Act
(AB 636, Steinberg), which took effect on January 1, 2004, and
California's federal Performance Improvement Plan (PIP) seek to
improve outcomes for children in the child welfare system
through comprehensive oversight and accountability of local
child welfare programs. This bill and the proposed pilot would
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help to facilitate these goals by improving timeliness to
adoptions, increasing placement stability for children and
enhancing well-being as children are placed with stable and
supportive families.
Finally, this pilot would improve the current system by
eliminating duplication, giving consistent family assessments
and screening, requiring annual re-approval of resource
families, creating uniform training requirements for prospective
caregivers and streamlining complaint resolution process.
No federal waiver approval is required for this pilot and DSS is
confirming that the Title IV-E funding would continue to be
available for the pilot counties while other non-pilot counties
continue the current licensing and approval process.
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State County and Municipal Employees
(AFSCME)
Bute County, Department of Employment and Social Services
California State Association of Counties (CSAC)
County Welfare Directors Association of California (CWDA)
Humboldt County Department of Health and Human Services
SanLuis Obispo County Department of Social Services
Service Employees International Union (SEIU)
Tehama County Department of Social Serices
Opposition
None on file.
Analysis Prepared by : Caitlin O'Halloran / HUM. S. / (916)
319-2089