BILL ANALYSIS
AB 2161
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ASSEMBLY THIRD READING
AB 2161 (Hancock)
As Amended March 27, 2006
2/3 vote
HUMAN SERVICES 6-0 APPROPRIATIONS 14-4
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|Ayes:|Evans, Haynes, Arambula, |Ayes:|Chu, Bass, Berg, |
| |Coto, Nation, Spitzer | |Calderon, |
| | | |De La Torre, Karnette, |
| | | |Klehs, Leno, Nakanishi, |
| | | |Nation, Oropeza, |
| | | |Ridley-Thomas, Saldana, |
| | | |Yee |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Sharon Runner, Emmerson, |
| | | |Haynes, Walters |
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SUMMARY : Creates the Unified Resource Family Approvals Pilot
Project. Specifically, this bill :
1)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.
2)Specifies that up to five counties be selected to voluntarily
participate in the project.
3)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.
4)Defines a "resource family" as one a participating county has
approved to care for a child under the jurisdiction of the
juvenile court.
5)Requires completion of the assessment within 90 days of the
child's placement in the approved home unless good cause
exists.
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6)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.
7)Requires counties to submit an implementation plan for the
pilot project.
8)Requires DSS to prepare or have prepared a report on the
results of the pilot no later than 180 days after the
conclusion of the pilot program.
9)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.
10)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.
11)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.
12)Allows the status of the resource family's approval to
continue even after the pilot project is completed.
13)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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, this bill will cost several hundred thousand
dollars in state personnel costs to oversee the development and
implementation of the pilot project; also up to $300,000 would
be needed to do an evaluation of the success of the pilot
project.
However, streamlining the approval process and eliminating
duplicative steps for foster/adoptive parents will lead to
offsetting savings for county welfare departments in the child
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welfare services program.
COMMENTS : The existing approval and licensure processes for
foster parents, relative caregivers and adoptive parents are
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 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 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
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.
No federal waiver approval is required for this pilot, and DSS
has been notified by the U.S. Department of Health and Human
Services 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.
Analysis Prepared by : Caitlin O'Halloran / HUM. S. / (916)
319-2089 FN:
0014922
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