BILL ANALYSIS
AB 2474
Page A
Date of Hearing: April 27, 2010
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Jim Beall Jr., Chair
AB 2474 (Beall, Jr.) - As Amended: April 8, 2010
SUBJECT : Community care facilities: foster family agencies.
SUMMARY : Extends by one year, to January 1, 2012, the sunset
provision on the requirement for certain foster family agencies
to employ one full-time social work supervisor for every eight
social workers.
EXISTING LAW :
1)Establishes a system of community care facilities licensing,
administered by the Department of Social Services (DSS), to
license and approve out-of-home placements for abused and
neglected children.
2)Establishes foster family agencies (FFAs) as nonprofit
organizations that recruit, train, certify, and provide
support for foster parents who care for children with
intensive care needs as an alternative to group home
placement. Health and Safety Code (HSC) Section 1502.
3)Provides for the licensure and regulation of FFAs by DSS, and
applies social worker personnel requirements.
4)Requires DSS to differentiate between treatment FFAs,
providing mental health treatment services to foster youth,
and nontreatment FFAs, and to develop licensing regulations
accordingly. HSC 1506 (c).
5)Provides Aid to Families with Dependent Children Foster Care
(AFDC-FC) payments with a state and county share-of-cost for
care and supervision provided to children in foster care.
Welfare and Institutions Code (WIC) Section 11460.
6)Reduces the FFA rate effective October 1, 2009 by 10%, and
allows FFAs flexibility in applying the reduction, provided
the amount paid to foster families providing care to foster
children was not reduced more than 10%. WIC 11463 (j).
7)Requires treatment FFAs to employ at least one full-time
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social work supervisor for every eight social workers in the
agency, and sunsets this provision January 1, 2011. HSC 1506
(k).
FISCAL EFFECT : Unknown.
COMMENTS :
Background: Established in 1985 as an alternative to group home
placements, FFAs are not-for-profit agencies that train, recruit
and certify foster parents. Statewide, there are an estimated
250 FFAs providing care and treatment to approximately 18,500
foster children. Initially intended as an alternative to group
home placement for children with higher service needs, FFAs now
provide placements to almost half of all foster children in
nonrelative placements in California.
DSS distinguishes between two types of FFAs for the purposes of
rate setting and regulations. "Treatment foster care", also
referred to as "therapeutic foster care" provides a higher level
of care to children with needs that cannot be met in foster
family homes, and who would otherwise require a group home
placement. FFAs may also certify a family home seeking to adopt
a foster child as a "nontreatment foster care" placement.
FFA and other foster care provider rates were cut by 10% as part
of the state budget passed last year, effective October 1, 2009.
While the group home rate cut was stayed and group home rates
were ordered increased by 32% as part of a lawsuit already
pending prior to the budget reductions, California Alliance of
Child and Family Services v. John Wagner, et al ., FFAs were not
represented in the group homes lawsuit and, as such, are still
subject to the rate decrease.
Acknowledging the impact of the 10% FFA rate cut, last year, the
Legislature approved, and the Governor signed SB 597 (Liu),
Chapter 339, Statutes of 2009, which included a provision
allowing treatment FFAs to adjust the ratio of social work
supervisors to social workers to the current 1:8 ratio. The
ratio change will expire, however, on January 1, 2011.
Prior to the passage of SB 597, social work supervisor/social
worker ratios had been set forth in regulations (Title 22,
Division 6, Chapter 8.8), which distinguished between the ratios
applied to treatment and nontreatment agencies. Treatment FFAs
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were required to employ one social work supervisor for every six
social workers, whereas nontreatment FFAs had to adhere to the
1:8 supervisor/social worker ratio.
According to the Council on Accreditation<1> (COA) standards,
supervisor-to-social worker ratios generally should not exceed
the 1:8 ratio, as they cite research to suggest that supportive,
quality supervision can lead to better service delivery to
children and families, better productivity, and less turnover
among social work staff. The COA standards do not, however,
apply the same treatment/nontreatment delineation as found in
state regulations.
According to the author, "Nonprofit foster family agencies
provide an important placement alternative to group homes by
offering certified foster homes and the children they care for
with additional services and supports. We must continue to
support this more family-centered alternative, while still
ensuring the available funding is applied where it is most
needed-to the direct services provided to foster children. In
taking the approach offered by [this bill], the state would
allow FFAs flexibility in the program administration, at a
reasonable level."
The sponsor of this bill, the California Alliance for Child and
Family Services, writes:
In budget year 2009-10, FFA rates were cut by 10% and
prior to that cut, FFA rates had been frozen for 14
out of the past 19 years. As a result, the FFA rates
to cover the cost of care and social work for foster
children has declined to just 63% of what it
originally was in 1990. In order to absorb the 10%
rate cut, many FFAs were forced to lay off social
workers, are borrowing money to keep operating, are
spending down their savings, are fundraising in an
increasingly competitive environment or have shut down
their programs.
In order to absorb some small measure of relief from
----------------------
<1> COA is an international, independent, nonprofit child and
family service and behavioral healthcare accrediting
organization founded in 1977 by the Child Welfare League of
America and Family Service America, currently known as the
Alliance for Children and Families.
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the 10% cut, the Legislature approved and the Governor
signed SB 597 (Liu) in 2009 allowing FFAs to use a
one-to-eight ratio for social worker supervisors to
social workers, rather than the one-to-six ratio.
This provision was only approved for one year and it
expires on January 1, 2011. Savings incurred to FFAs
from increasing this ratio is estimated to be 1% of
their total budget.
In light of the dire budget constraints of the State,
[this bill]will extend the deadline allowing the ratio
of Foster Family Agency social workers to go from a
1:6 ratio to a 1:8 ratio by one more year, until
January 1, 2012. At a minimum, the FFAs need some
flexibility within the rate-setting and community care
licensing systems.
REGISTERED SUPPORT / OPPOSITION :
Support
California Alliance for Child and Family Services (sponsor)
Aldea Children & Family Services
Alternative Family Services
Association of Community Human Service Agencies
County Welfare Directors Association of CA (CWDA)
Crittenton Services for Children and Families
David & Margaret Youth and Family Services
Family Care Network
Five Acres - Boys' & Girls' Aid Society of Los Angeles
Innte Circle Foster Family Agency
Kinship Center
Lillliput Children's Services
President/CEO, Hathaway-Sycamores Child & Family Services
Rebekah Children's Services
Rosemary Children's Services
Transitions Children's Services
Valley Teen Ranch
Victor Youth Services
Youth For Change
Opposition
None on file.
AB 2474
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Analysis Prepared by : Michelle Doty Cabrera / HUM. S. / (916)
319-2089