BILL NUMBER: AB 2216 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Bass
FEBRUARY 22, 2006
An act to amend Sections 16160, 16161, and 16163 of, and to add
Chapter 5.5 (commencing with Section 16540) to Part 4 of Division 9
of, the Welfare and Institutions Code, relating to foster care.
LEGISLATIVE COUNSEL'S DIGEST
AB 2216, as introduced, Bass Child Welfare Leadership and
Performance Accountability Act of 2006.
(1) Existing law establishes the Office of the State Foster Care
Ombudsperson within the State Department of Social Services, as an
autonomous entity within the California Health and Human Services
Agency, for the purpose of providing children who are placed in
foster care with a means to resolve issues related to their care,
placement, or services.
This bill, instead, would establish the foster care ombudsperson
as an independent entity within the California Health and Human
Services Agency.
(2) Existing law provides for oversight by various state and local
entities of certain populations of children, including those who are
wards of the juvenile court, and those who are in foster care, or
are otherwise under the supervision of county welfare departments.
Existing law provides for a system of child welfare services
administered by each county, with oversight by the State Department
of Social Services.
Existing law also provides for the California Child and Family
Service Review System, in order to review all county child welfare
systems, covering child protective services, foster care, adoption,
family preservation, family support, and independent living.
This bill, the Child Welfare Leadership and Performance
Accountability Act of 2001, would establish the Child Welfare
Council, which would advise on the management of the multiple
agencies that provide services to children and youth in contact with
courts, and the child welfare and foster care systems. The bill would
provide for the composition of the council, including as co-chairs
the Chief Justice of the California Supreme Court or his or her
designee, and the Child Welfare and Foster Care Leader, whose office
the bill would also establish and this bill would establish the
office of Child Welfare and Foster Care Leader, who would be
responsible for the statewide leadership and direct oversight and
coordination of child welfare and foster care efforts of state and
county agencies. The bill would also give the Child Welfare and
Foster Care Leader the responsibility of directing the California
Child and Family Service Review System. The Child Welfare and Foster
Care Leader would ensure that the state and counties perform various
acts in connection with maintaining the quality of child welfare and
foster care services, including county self-assessments, peer quality
case reviews, and system improvement plans. The bill would establish
performance outcome indicators for purposes of the Child Welfare and
Family Services Review System, including participation rates, safety
outcomes, permanency and stability outcomes, well-being outcomes,
and family relationships and community connections.
By imposing new requirements on counties with respect to the
operation and evaluation of their child welfare systems, this bill
would impose a state-mandated local program.
(3) 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.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The State of California undertakes the responsibility of
providing a safe environment and developmental opportunities for over
85,000 children and youth who have been removed from their homes and
placed in foster care because of instances of abuse and neglect.
(b) According to the California Performance Review report,
although the state is responsible for ensuring that foster children
and youth receive mandated services through several different
departments, California's services to support its foster children's
basic needs is not nearly sufficient to meet all of their needs. Even
though the incidence of emotional, behavioral, and developmental
problems among foster children and youth is three to six times
greater than among nonfoster children, 25 percent of foster children
and youth are not receiving timely medical care, one-half are not
receiving needed mental health services and one-half are not
receiving dental care. Similarly, 75 percent of foster youth are
working below grade level, nearly one-half do not complete high
school, and as few as 15 percent attend college. Statewide leadership
and coordination between departments and agencies is essential to
addressing these dismal outcomes and providing foster children and
youth with critically needed support and services at the local level.
(c) Even if the state successfully decreases the number of foster
children and youth entering the system, the state must ensure that
current foster youth are self-sufficient at the time they emancipate
from the system. The state is currently failing in this measure.
Unemployment rates for emancipated youth are estimated at 50 percent,
nearly one-third of foster children and youth will become homeless
within one year of emancipating, fewer than 15 percent of foster
youth enroll in college, and approximately one-third of foster youth
will be on public assistance shortly after emancipating.
(d) A recent report from the State Department of Social Services
found the indirect costs of child mistreatment and foster care, such
as juvenile delinquency, adult criminality, and lost productivity to
society, total $95 billion annually. Fiscally sound, long-term
investment in the state's children now should reap future savings for
the state that can be reinvested to keep at-risk children and
families self-sufficient and out of the child welfare system.
Moreover, advocating for more flexible federal funding of our state's
child welfare system will enable resources to be used to better
support families in need and keep more families intact.
(e) In 2001, the Legislature passed the Child Welfare System
Improvement and Accountability Act of 2001 (Chapter 678 of the
Statutes of 2001), which was an important first step toward improving
outcomes for California's foster children and youth. The legislation
provided the legal framework for monitoring the county-run child
welfare service programs through data collection and review of that
data, the ultimate goal being to use the data to improve outcomes for
the children and youth in foster care. The first county reviews and
improvement plans were implemented in 2004.
(f) In addition to providing services to foster youth, the state's
Child Welfare Redesign final report stressed the importance of
providing preventative supports to those families who come in contact
with child welfare services but whose children are not removed from
the home. The goal of these supports is to provide families the tools
to prevent a child's removal. This effort results in stronger
families and decreased foster care placements. However, successful
implementation of preventative services, like foster care, requires a
coordinated oversight among many agencies, programs, and services.
(g) Despite this improved oversight and vision for improvement,
the child welfare system, including the state, the counties, and the
courts, suffers from the lack of a cohesive structure, state
leadership, and communication between agencies serving foster
children and youth. In 2003, the Little Hoover Commission found that
clear leadership and oversight is lacking in California's foster care
program and recommended the designation of new program leader that
has the authority to reform the foster care system. Most recently,
the California Performance Review report decried this lack of
cohesion and similarly concluded that state leadership is needed to
repair a foster care system in crisis. The bipartisan national Pew
Commission on Foster Care in a report issued last year recommended
states establish broad-based commissions on children in foster care
to demonstrate effective collaboration on behalf of children.
(h) Creating a comprehensive structure for statewide leadership to
address the needs of children in the child welfare system will
support and improve the important reform work enacted through the
Child Welfare System Improvement and Accountability Act of 2001 by
providing clarity about the roles and responsibilities of the state,
improving quality assurance and accountability, and facilitating
communication between the many stakeholders involved in the child
welfare system. Most importantly, these changes will help ensure that
California is able to meet the needs of the children and youth in
its care.
(i) An independent and impartial ombudsperson that is readily
available to the public is essential to protecting the well-being of
children, youth, and families.
SEC. 2. This act shall be known and may be cited as the Child
Welfare Leadership and Performance Accountability Act of 2006.
SEC. 3. Section 16160 of the Welfare and Institutions Code is
amended to read:
16160. The Legislature finds and declares that the people of
California have benefited from the establishment of a long-term care
ombudsperson pursuant to Section 9710 of the Welfare and Institutions
Code and a child care ombudsperson program pursuant to Section
1596.872a of the Health and Safety Code. It is the intent of the
Legislature to provide similar protections for foster children by
establishing a foster care ombudsperson program within the
State Department of Social Services . It is the
further intent of the Legislature that the foster care ombudsperson
serve as an independent state officer within the California Health
and Human Services Agency .
SEC. 4. Section 16161 of the Welfare and Institutions Code is
amended to read:
16161. The Office of the State Foster Care Ombudsperson shall be
established as an autonomous entity within the department
California Health and Human Services Agency for the purpose of
providing children who are placed in foster care, either voluntarily
or pursuant to Section 300 and Sections 600 and following, with a
means to resolve issues related to their care, placement, or
services.
SEC. 5. Section 16163 of the Welfare and Institutions Code is
amended to read:
16163. The department office shall
hire the necessary personnel to perform the
its functions of the office . Priority shall
be given to former foster youth in hiring decisions.
SEC. 6. Chapter 5.5 (commencing with Section 16540) is added to
Part 4 of Division 9 of the Welfare and Institutions Code, to read:
CHAPTER 5.5. CHILD WELFARE LEADERSHIP AND PERFORMANCE
ACCOUNTABILITY
Article 1. Child Welfare Council
16540. There is hereby created the Child Welfare Council
responsible for collaboratively advising on the management of
multiagencies providing services to children and youth in contact
with the courts and child welfare and foster care systems with
respect to the following:
(a) Ensuring that all state child welfare, foster care and
judicial funding and services for children, youth, and families is,
to the greatest extent possible, coordinated to eliminate
fragmentation and duplication of services provided to children or
families who would benefit from integrated multiagency services.
(b) Increasing the quality, appropriateness, and effectiveness of
services delivered to children, youth, and families who would benefit
from integrated multiagency services to achieve better outcomes for
these children, youth, and families.
(c) Promoting consistent program excellence across counties to the
greatest extent possible while recognizing the demographic,
geographic, and financial differences among the counties.
(d) Increasing collaboration and coordination between county
agencies, state agencies, federal agencies, and the courts.
(e) Reporting annually to the Governor, the Legislature, and the
public, regarding the child welfare and foster care issues and
recommendations.
(f) Assisting the Child Welfare and Foster Care Leader and the
chief justice in formulating policies for the effective
administration of the child welfare and foster care programs and
judicial processes.
(g) Providing recommendations to the Governor and the Legislature
regarding the modification of practices, rate structures, and other
system changes needed to promote and support relative caregivers,
family foster parents, therapeutic placements, and other placements
for children who cannot remain in the family home.
(h) The development of data and information sharing agreements and
protocols for the exchange of aggregate data across systems that are
providing services to children and families in the child welfare
system. These data-sharing agreements shall allow child welfare
agencies and the courts to access data concerning the health, mental
health, special education, and educational status and progress of
children served by county child welfare systems subject to state and
federal confidentiality laws and regulations. They shall be developed
in tandem with the establishment of judicial case management systems
as well as additional or enhanced performance measures described in
paragraph (2) of subdivision (e) of, and subdivision (f) of, Section
16561.
16541. The council shall be comprised of the following members:
(a) The Child Welfare and Foster Care Leader, who shall serve as
cochair.
(b) The Chief Justice of the California Supreme Court, or his or
her designee, who shall serve as cochair.
(c) Leaders and representatives of all of the following:
(1) State and county child welfare.
(2) Foster care.
(3) Health, education, and mental health agencies and departments.
(4) Child advocacy organizations.
(5) Current and former foster youth, labor.
(6) Other groups and stakeholders who provide benefits, services,
and advocacy to families and children in the child welfare and foster
care systems.
16542. At any time, the council may advise the Governor, the
Legislature, the Child Welfare and Foster Care Leader, or the Chief
Justice of the California Supreme Court regarding actions the state
may take to improve the care and services for children, youth, and
families in the child welfare and foster care systems.
Article 2. Child Welfare and Foster Care Leader
16550. There shall be a Child Welfare and Foster Care Leader, who
shall be the state leader for child welfare and foster care programs
and shall have the authority to coordinate those activities of state
and local departments and agencies that provide for the needs of
children, youth, and families in child welfare and foster care
programs.
16551. The Child Welfare and Foster Care Leader shall be
responsible for the statewide leadership and direct oversight and
coordination of child welfare and foster care efforts of state and
county agencies.
Article 3. Performance Outcome Indicators and Data
16560. The Child Welfare and Foster Care Leader shall be
responsible for directing the California Child and Family Service
Review System developed pursuant to subdivision (d) of Section
10601.2 and for ensuring all of the following:
(a) The establishment of the California Child and Family Service
Review System outcome indicators developed pursuant to subdivision
(d) of Section 10601.2.
(b) That the State Department of Social Services issues quarterly
outcome and data reports to county child welfare agencies that
specify the data for each of the established federal and state
outcome measures.
(c) That each county child welfare agency submits a county
self-assessment of its child welfare service program for the time
period and in the format specified by the Child Welfare and Foster
Care Leader.
(d) That each county child welfare agency performs a peer quality
case review for a period and in the format as designated by the Child
Welfare and Foster Care Leader that, includes specified areas of
performance improvement and a qualitative evaluation by state and
other county child welfare agencies staff.
(e) That each county child welfare agency submits a county system
improvement plan annually in the format as designated by the Child
Welfare and Foster Care Leader.
(f) That the department monitors all activities required under
this section and provides guidance and technical assistance to the
county child welfare agencies.
(g) That the state is meeting the outcome targets established in
the performance improvement plan submitted pursuant to the federal
Child and Family Services Review.
16561. The performance outcome indicators and data required for
the review in Section 16560 shall include:
(a) Child welfare services participation rates, including the
following:
(1) Number of children under 18 years of age in the population.
(2) Number and percentage of child abuse or neglect referrals.
(3) Number and percentage of children with substantiated
referrals.
(4) Number and percentage of children entering foster care for the
first time.
(5) Number and percentage of children in foster care.
(b) Safety outcomes, including the following:
(1) The percentage of all children with a substantiated allegation
who had another substantiated allegation within six months.
(2) The percentage of all children with a substantiated allegation
who had another substantiated allegation within 12 months.
(3) The percentage of children in foster care who are abused or
neglected while in a foster care placement.
(4) The percentage of children who remained at home after a
substantiated referral who had another substantiated referral within
12 months.
(5) The percentage of children who were the subject of a referral
who had an in-person interview with a caseworker within 24 hours.
(6) The percentage of children in foster care who received at
least a monthly visit from their caseworker.
(c) Permanency and stability outcomes, including the following:
(1) The percentage of all children who were reunified from child
welfare supervised foster care who had been in care for less than 12
months.
(2) The percentage of children adopted from foster care who were
in care for less than 24 months.
(3) The percentage of children in foster care for less than 12
months who have been in no more than two placements.
(4) The percentage of children who have been in care for 12 months
who had no more than two placements.
(5) The percentage of children entering care who were reentering
within 12 months of a previous exit from care.
(6) The percentage of children entering care and were reunified
with their parents who then reentered care within 12 months of
reunification.
(d) Family relationships and community connections, including the
following:
(1) The percentage of all children in child welfare supervised
foster care who were placed with some or all of their siblings.
(2) The percentage of children entering care who were in kinship,
foster, foster family agency (FFA), group, and other placements.
(3) The percentage of children identified as American Indian who
were placed with relatives, nonrelative Indian, and nonrelative
non-Indian families.
(e) Well-being outcomes, including the following:
(1) Number of children ages 16 though 20 years of age in foster
care who are receiving Independent Living Services and received a
high school diploma, enrolled in college, are receiving vocational
training, or are employed.
(2) The Child Welfare and Foster Care Leader shall convene the
workgroup established in paragraph (1) of subdivision (c) of Section
10601.2 to develop additional outcomes to measure youth transition to
self-sufficient adulthood, rate of out of county placements,
self-sufficiency skills training provided to youth, foster youth in
the juvenile justice system, foster youth who become parents, school
stability, school attendance, school performance, children's
physical, developmental and mental health status and needs, the
provision of services necessary to achieve adequate physical,
developmental and mental health, housing, participation in
extracurricular and child-appropriate activities, and other relevant
outcomes for the well-being of children and youth emancipating out of
the foster care system. The outcomes shall be established by April
1, 2008.
(f) Any other measures that the Child Welfare and Foster Care
Leader may develop that support the federal outcomes and any program
improvement plan, and promote good health, mental health, behavioral,
educational, and other relevant outcomes for children, youth, and
families in California's child welfare system.
SEC. 7. 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.