BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2216|
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THIRD READING
Bill No: AB 2216
Author: Bass (D) and Maze (R), et al
Amended: 8/22/06 in Senate
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 3-1, 6/27/06
AYES: Alquist, Chesbro, Romero
NOES: Aanestad
NO VOTE RECORDED: Maldonado
SENATE APPROPRIATIONS COMMITTEE : 8-5, 8/7/06
AYES: Murray, Alarcon, Alquist, Escutia, Florez, Ortiz,
Romero, Torlakson
NOES: Aanestad, Ashburn, Battin, Dutton, Poochigian
ASSEMBLY FLOOR : 53-27, 5/31/06 - See last page for vote
SUBJECT : Child Welfare Leadership and Performance
Accountability
Act of 2006
SOURCE : National Center for Youth Law
DIGEST : This bill creates the California Child Welfare
Council to improve outcomes for foster youth by, among
other things, establishing an advisory body within the
Health and Human Services Agency (HHSA) to improve the
coordination and service delivery to the child welfare and
foster care system. The advisory body is charged with
reviewing the administrative structure of child welfare
CONTINUED
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services and making recommendations to develop more
effective operations, leadership, and performance standards
necessary to realize improved outcomes for current and
former foster children.
Senate Floor Amendments of 8/22/06 reduce the workload for
the HHSA brought on by this bill by amending out a
directive to reconvene a workgroup on outcome measures.
ANALYSIS :
Existing law:
1. Provides for a system of child welfare services
administered by each county with oversight by the
Department of Social Services (DSS) for juvenile wards
of the court, foster youth, or other children under the
supervision of a county welfare department.
2. Includes the Child Welfare System Improvement and
Accountability Act to measure and improve outcomes for
children in California's child welfare system.
3. Provides for the California child and family service
review system created to review all county child welfare
systems including child protective services, foster
care, adoption, family preservation and support and
independent living.
4. Requires DSS to convene a workgroup to consider any
existing program improvement plans entered into by the
state pursuant to federal regulations.
5. Provides for the foster care ombudsperson program to
give an outlet for foster youth and advocates to report
and resolve problems and concerns.
This bill:
1. Makes findings and declarations regarding foster youth.
2. Creates the California Child Welfare Council (Council)
to serve as an advisory body responsible for improving
the collaboration and processes of the multiple agencies
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and the courts which serve foster youth and children in
the child welfare system.
3. Requires the Council to meet at least once every
quarter, and that the meetings be open to the public and
requires the Council to issue advisory reports to the
Governor, Legislature, Judicial Council, and the public
at least annually.
4. Specifies that the report shall contain recommendations
for:
A. The coordination of services.
B. Increasing effectiveness of programs.
C. Increasing judicial excellence.
D. Ensuring that all state IV-E plans, program
improvement plans and court improvement plans
demonstrate effective collaboration and increasing
coordination between courts and public agencies.
E. Assisting the Secretary of the HHSA and the Chief
Justice in formulating policies for the effective
administration of the child welfare and foster care
programs and judicial processes.
F. Modifying program practices and court processes,
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.
G. Developing data and information sharing agreements
and protocols.
H. Developing systematic methods for obtaining policy
recommendations from foster youth about the
effectiveness and quality of program services and
judicial processes.
I. Implementing legislation in the child welfare and
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foster care programs and the courts, and reporting to
the Legislature on the timeliness and consistency of
the implementation.
J. Monitoring the adequacy of resources necessary for
the implementation of existing programs and court
processes, and the prioritization of program and
judicial responsibilities.
K. Strengthening and increasing the independence and
authority of the foster care ombudsperson.
L. Coordinating available services for former foster
youth and improving outreach efforts to those youth
and their families.
5. Requires the Council to be comprised of specified
members including the Secretary of HHSA and the Chief
Justice of the California Supreme Court who would serve
as co-chairs, the Superintendent of Public Instruction,
the executive director of the State Board of Education,
directors of DSS and the departments of Mental Health,
Health Services, Alcohol and Drug Programs,
Developmental Services, and the Youth Authority, plus
the administrative director of the Judicial Council,
four foster youth or former foster youth, and the
chairpersons of the Assembly and Senate Committees on
Human Services or their leadership appointees, among
other stakeholders.
6. Prohibits Council members from obtaining compensation
for their services, except for foster youth who shall be
entitled to reimbursement for all actual and necessary
expenses incurred in the performance of their duties.
7. Permits the Council to access aggregated data and
information concerning the child welfare and foster care
systems.
8. Permits the co-chairs to appoint committees composed of
Council members, experts in specialized fields, foster
youth, program stakeholders, state and county child
welfare and foster care staff, child advocacy
organizations, members of the judiciary, foster care
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public health nurses, or any combination thereof, to
advise the Council on any functions of the Council and
the services provided through the child welfare and
foster care programs and the courts.
9. States legislative intent to inspect other state child
welfare and foster care systems over the course of the
2007-08 legislative session to examine effective
administrative structures of leadership to determine if
a reconfigured administrative structure would provide
statewide leadership and better coordination between
departments and agencies.
10.Requires the Secretary of HHSA to ensure that all of the
federal child and family services review outcome
measures and all of the California child and family
service review system outcome indicators are clearly
posted on DSS' web site.
11.Requires the Secretary of HHSA to consult with the
Council and ensure that there has been a public process
for the submission of comments and recommendations
before any of the federal goals or any of the California
child and family service review system outcome
indicators are added, deleted, or amended.
12.Requires the Judicial Council, by April 1, 2008, to
adopt through rules of court, performance measures
designed to complement and promote those measures
specified and developed by the Council. In adopting the
performance measures, the Judicial Council is required
to consult with the Council and the Secretary and base
the measures on data that is available from current or
planned data collection processes and to the greatest
extent possible, shall ensure uniformity of data
reporting.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
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Major Provisions 2006-07 2007-08 2008-09 Fund
Agency/Courts support $75 $65
$30General
Action may prevent federal penalties and result in
off-setting savings.
A number of sources have commented on the need to
coordinate services among the many state and county
agencies serving children and the need for a unifying
administrative authority and leadership. The state has
undertaken a review of county child welfare operations
through the Child Welfare System Improvement and
Accountability Act of 2001, however, studies by the Little
Hoover Commission, PEW Commission and California
Performance Review Report supported the need for state
leadership and performance measures. The federal
government has found California out of compliance with
outcome measures for child safety, well-being, and
permanency. The state has been required to implement a
performance improvement plan, though the Legislative
Analyst has determined that despite progress, California's
child welfare system still fails six of seven federal
standards and faces the possibility of federal penalties in
April 2007. Based on the current performance, California's
penalty would be $42 million and could total $59 million.
California currently spends approximately $2.2 billion
($630 million General Fund) from all funds on child welfare
services.
SUPPORT : (Verified 8/22/06)
American Federation of State, County and Municipal
Employees
California Association of Nonprofits
California Coalition for Youth
California Narcotic Officers' Association
California Peace Officers' Association
California Police Chiefs Association
Chief Probation Officers of California
Children's Advocacy Institute
Children's Law Center of Los Angeles
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Little Hoover Commission
Los Angeles County - Inter-Agency Council on Child Abuse
and Neglect
National Center for Youth Law
State Public Affairs Committee - Junior Leagues of
California
ASSEMBLY FLOOR :
AYES: Arambula, Baca, Bass, Berg, Bermudez, Calderon,
Canciamilla, Chan, Chavez, Chu, Cohn, Coto, Daucher, De
La Torre, Dymally, Evans, Frommer, Garcia, Goldberg,
Hancock, Jerome Horton, Shirley Horton, Jones, Karnette,
Klehs, Koretz, Laird, Leno, Levine, Lieber, Lieu, Liu,
Matthews, Maze, Montanez, Mullin, Nation, Nava, Negrete
McLeod, Oropeza, Parra, Pavley, Ridley-Thomas, Ruskin,
Saldana, Salinas, Spitzer, Torrico, Umberg, Vargas, Wolk,
Yee, Nunez
NOES: Aghazarian, Benoit, Blakeslee, Bogh, Cogdill,
DeVore, Emmerson, Harman, Haynes, Houston, Huff, Keene,
La Malfa, La Suer, Leslie, McCarthy, Mountjoy, Nakanishi,
Niello, Plescia, Richman, Sharon Runner, Strickland,
Tran, Villines, Walters, Wyland
CTW:mel 8/22/06 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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