BILL NUMBER: AB 295 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 9, 2009
INTRODUCED BY Assembly Member Ammiano
FEBRUARY 17, 2009
An act to amend Sections 16124, 18250, 18251, 18253,
18253.5, 18254, 18255, 18256, and 18256.5 of, and to amend the
heading of Chapter 4 (commencing with Section 18250) of Part 6 of
Division 9 of, the Welfare and Institutions Code, relating to public
social services.
LEGISLATIVE COUNSEL'S DIGEST
AB 295, as amended, Ammiano. Children: wrap-around a
nd adoption services.
Under
(1) Existing law requires, upon appropriation by the Legislature
of funds for this purpose, that the State Department of Social
Services establish a 3-year project in 4 counties, including San
Francisco and Los Angeles Counties, and one state district office,
and further requires that funding to those counties from
appropriations in the annual Budget Act be used to provide funding
for preadoption and postadoption services to ensure the successful
adoption of a targeted population of children who have been in foster
care 18 months or more. Existing law requires the department to work
with counties to develop requirements for the project, and to
provide information on the results of the project to the Legislature,
by November 30, 2010.
This bill would extend the availability of funds appropriated for
the specified adoption activities to June 30, 2010, and would also
extend the date for the department to provide the related information
to the Legislature to May 31, 2011.
(2) Under existing law, the State
Department of Social Services administers a pilot project that
authorizes a county to develop and implement a plan for providing
wrap-around services designed to enable children who would otherwise
be placed in a group home setting to remain in the least restrictive,
most family-like setting possible. The pilot project also imposes
specified evaluation and reporting requirements for participating
counties, and training requirements for staff in participating
counties.
This bill would remove the designation of this program as a pilot
project and make conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 16124 of the Welfare
and Institutions Code is amended to read:
16124. (a) (1) Upon the appropriation of funds by the Legislature
for the purposes set forth in this section, the State Department of
Social Services shall establish a project in four counties and one
state district office of the department to provide preadoption and
postadoption services to ensure the successful adoption of children
and youth who have been in foster care 18 months or more, are at
least nine years of age, and are placed in an unrelated foster home
or in a group home.
(2) The participating entities shall include the following:
(A) City and County of San Francisco.
(B) County of Los Angeles.
(C) Two additional counties and one state district office, based
on criteria developed by the department in consultation with the
County Welfare Directors Association, which shall demonstrate
geographic diversity.
(3) A county that elects to apply for funding pursuant to this
section shall submit an application to the department no later than a
date determined by the department to ensure timely allocation of
funds. The department shall review the applications received, and
select the eligible counties in accordance with this section.
(b) Each entity identified pursuant to paragraph (2) of
subdivision (a) shall receive funding to provide preadoption and
postadoption services to the adoptive parents and the targeted
population identified in paragraph (1) of subdivision (a).
(1) Preadoption and postadoption services for the child and each
family may include, but shall not be limited to, all of the
following:
(A) Individualized or other recruitment efforts.
(B) Postadoption services, including respite care.
(C) Behavioral health services.
(D) Peer support groups.
(E) Information and referral services.
(F) Other locally designed services, as appropriate.
(G) Relative search efforts.
(H) Training of adoptive parents, foster youth, or mentoring
families.
(I) Mediation services.
(J) Facilitation of siblings in the same placement.
(K) Facilitation of postadoption contact.
(L) Engaging youth in permanency decisionmaking.
(M) Any service or support necessary to resolve any identified
barrier to adoption.
(2) The services specified in paragraph (1) may be provided
directly by the county, contracted for by the county, or provided
through reimbursement to the family, as approved by the county.
(c) The amount of funding provided in the appropriation of funds
provided by the annual Budget Act to each county participating in the
project shall be allocated as follows:
(1) Seven hundred fifty thousand dollars ($750,000) to the City
and County of San Francisco.
(2) One million two hundred fifty thousand dollars ($1,250,000) to
the County of Los Angeles.
(3) A total of two million dollars ($2,000,000), to be awarded to
the two additional counties and the district office selected pursuant
to subparagraph (C) of paragraph (3) of subdivision (a), minus any
funds subtracted by the department for the purpose of administering
the project. The amount of funds provided to the department for
administration of the project, including the costs of collecting and
analyzing data pursuant to subdivision (h) and developing the
information pursuant to subdivision (i), shall not exceed three
hundred thousand dollars ($300,000).
(4) If the appropriated amount in the annual Budget Act differs
from the total amount specified above, then the funds shall be
distributed in the same proportion as the amounts listed in
paragraphs (1) to (3), inclusive.
(d) Funds shall be allocated to the counties pursuant to
subdivision (c) no later than January 1 of each year, and shall
remain available for expenditure for three years
until June 30, 2010 .
(e) (1) The department shall seek approval for any federal
matching funds that may be available to supplement the project.
(2) The implementation of the project shall not be dependent upon
the receipt of federal funding.
(3) Project funds shall supplement, and not supplant, existing
federal, state, and local funds, and shall be used only in accordance
with the terms and conditions of the project.
(4) No expenditure made for services specified in subdivision (b)
may be made to the extent that it renders the family ineligible for
federal adoption assistance.
(f) The project shall be implemented only upon the adoption of a
resolution adopted by each county board of supervisors.
(g) The department shall work with the counties to develop the
requirements for the project, including the number of families that
may participate in the project, given the available resources, and
guidelines for data collection, as required by subdivision (h).
(h) (1) The department shall work with the participating county
and the state district office to analyze the effects of the project.
(2) Measures assessed by the state and counties shall include, but
shall not be limited to, the following:
(A) The extent to which the adoptions of the targeted population
identified in paragraph (1) of subdivision (a) increased as a result
of the project.
(B) The number of families and children served by the project.
(C) The type and amount of preadoption and postadoption services
that were provided to children and families under the project.
(i) The department shall provide information to the Legislature on
the results of the project by November 30, 2010
May 31, 2011 .
(j) Adoption programs in the project counties shall be encouraged
to create public-private partnerships with private adoption agencies
to maximize their success in improving permanent outcomes for older
foster youth.
SECTION 1. SEC. 2. The heading of
Chapter 4 (commencing with Section 18250) of Part 6 of Division 9 of
the Welfare and Institutions Code is amended to read:
CHAPTER 4. COUNTY WRAP-AROUND SERVICES PROGRAM
SEC. 2. SEC. 3. Section 18250 of the
Welfare and Institutions Code is amended to read:
18250. (a) It is the intent of the Legislature that all counties
be authorized to provide children with service alternatives to group
home care through the development of expanded family-based services
programs. These programs shall include individualized or "wrap-around"
services, where services are wrapped around a child living with his
or her birth parent, relative, adoptive parent, licensed or certified
foster parent, or guardian. The wrap-around services developed under
this section shall build on the strengths of each eligible child and
family and be tailored to address their unique and changing needs.
(b) It is further the intent of the Legislature that the child
wrap-around services program include the following elements:
(1) Making available to the county the state share of nonfederal
reimbursement for group home placement, minus the state share, if
any, of any concurrent out-of-home placement costs, for children
eligible under this chapter, for the purpose of allowing the county
to develop family-based service alternatives.
(2) Enabling the county to access all possible sources of federal
funds for the purpose of developing family-based service
alternatives.
(3) Encouraging collaboration among persons and entities
including, but not limited to, parents, county welfare departments,
county mental health departments, county probation departments,
county health departments, special education local planning agencies,
school districts, and private service providers for the purpose of
planning and providing individualized services for children and their
birth or substitute families.
(4) Ensuring local community participation in the development and
implementation of wrap-around services by county placing agencies and
service providers.
(5) Preserving and using the service resources and expertise of
nonprofit providers to develop family-based and community-based
service alternatives.
SEC. 3. SEC. 4. Section 18251 of the
Welfare and Institutions Code is amended to read:
18251. As used in this chapter:
(a) "County" means each county participating in an individualized
or "wrap-around" services program.
(b) "County placing agency" means a county welfare or probation
department, or a county mental health department with respect to
those children placed pursuant to Section 7572.5 of the Government
Code.
(c) "Eligible child" means a child who is any of the following:
(1) A child who has been adjudicated as either a dependent or ward
of the juvenile court pursuant to Section 300, 601, or 602 and who
would be placed in a group home licensed by the department at a rate
classification level of 10 or higher.
(2) A child who would be voluntarily placed in out-of-home care
pursuant to Section 7572.5 of the Government Code.
(3) A child who is currently, or who would be, placed in a group
home licensed by the department at a rate classification level of 10
or higher.
(d) "Wrap-around services" means community-based intervention
services that emphasize the strengths of the child and family and
includes the delivery of coordinated, highly individualized
unconditional services to address needs and achieve positive outcomes
in their lives.
(e) "Service allocation slot" means a specified amount of funds
available to the county to pay for an individualized intensive
wraparound services package for an eligible child. A service
allocation slot may be used for more than one child on a successive
basis.
SEC. 4. SEC. 5. Section 18253 of the
Welfare and Institutions Code is amended to read:
18253. Each county shall ensure that an evaluation of the
wrap-around services program is conducted to determine the cost- and
treatment effectiveness of outcomes such as family functioning and
social performance, preventing placement in more restrictive
environments, improving emotional and behavioral adjustments, school
attendance, and academic performance for eligible children. Systems
of care outcomes shall be included to the extent they are applicable
to the target population.
SEC. 5. SEC. 6. Section 18253.5 of
the Welfare and Institutions Code is amended to read:
18253.5. Each county shall ensure that staff participating in the
wrap-around services programs have completed training provided or
approved by the department, on providing individualized wrap-around
services.
SEC. 6. SEC. 7. Section 18254 of the
Welfare and Institutions Code is amended to read:
18254. (a) Reimbursement rates for wrap-around services programs,
under this chapter, shall be based on the following factors:
(1) The average cost of rate classification 10 to 11 in each
county, minus the cost of any concurrent out-of-home placement, for
children who are or would be placed in a rate level 10 or 11 group
home.
(2) The average cost of rate classification 12 to 14 in each
county, minus the cost of any concurrent out-of-home placement, for
children who are or would be placed in a rate level 12 to 14 group
home.
(b) The annual maximum limit on funding available for the
wrap-around services program authorized by this chapter shall be
based on the average cost, determined pursuant to subdivision (a),
for the number of service allocation slots assigned to each county.
(c) The department shall reimburse each county, for the purpose of
providing intensive wrap-around services, up to 100 percent of the
state share of nonfederal funds, to be matched by each county's share
of cost as established by law, and to the extent permitted by
federal law, up to 100 percent of the federal funds allocated for
group home placements of eligible children, at the rate authorized
pursuant to subdivision (a).
(d) State and, to the extent permitted by federal law, federal
foster care funds shall remain with the administrative authority of
the county welfare department, which may enter into an interagency
agreement to transfer those funds, and shall be used to provide
intensive wraparound services.
(e) General Fund costs for the provision of benefits to eligible
children, at rates authorized by subdivision (a), through the
wrap-around services program authorized by this chapter, shall not
exceed the costs which would otherwise have been incurred had the
eligible children been placed in a group home.
SEC. 7. SEC. 8. Section 18255 of the
Welfare and Institutions Code is amended to read:
18255. Any county that applies to, and is granted approval, by
the department may implement a wrap-around services program. The
number of service allocation slots assigned to each county shall be
determined by each county and approved by the department.
SEC. 8. SEC. 9. Section 18256 of the
Welfare and Institutions Code is amended to read:
18256. Each county shall evaluate its wrap-around services
program, prepare periodic evaluations, and submit them to the
appropriate committees of the Legislature and to the department. A
report shall be submitted not later than six months following the
start of the third year of the wrap-around services program. A
subsequent report shall be submitted not later than six months
following the end of the fifth year of the wrap-around services
program. These reports shall assess the effectiveness of the
wrap-around services program authorized by this chapter. The reports
shall include, but need not be limited to, all of the following:
(a) The effectiveness of the programs in reducing the level of
out-of-home services required, and in reducing the average length of
stay in out-of-home care.
(b) A comparison of the cost of placement and services for
children in the wrap-around services program with the average cost of
out-of-home placement for the same number of children.
(c) The effectiveness of the wrap-around services program in
assisting children and families in attaining their service goals.
SEC. 9. SEC. 10. Section 18256.5 of
the Welfare and Institutions Code is amended to read:
18256.5. In order to prevent disruption to a child participating
in a wrap-around services program, any county that terminates its
wrap-around services program shall continue to provide to that
participating child all planned services specified in the child's
individualized services plan until his or her case is closed.