BILL ANALYSIS �
AB 823
Page 1
Date of Hearing: April 26, 2011
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Jim Beall Jr., Chair
AB 823 (Dickinson) - As Amended: April 12, 2011
SUBJECT : Children's Cabinet of California
SUMMARY : Establishes the Children's Cabinet of California, a
body comprised of state governmental agency and department heads
appointed by the Governor, and tasked with developing a cohesive
vision and specific recommendations on how to improve outcomes
for children, youth and families. Specifically, this bill :
1)Establishes the Children's Cabinet of California (Cabinet) in
order to provide the Governor with recommendations and support
for improving the effectiveness of the delivery of services to
children and families.
2)Provides that members of the Cabinet shall be appointed by,
and serve at the pleasure of the Governor, as follows:
a) Requires the Cabinet to be co-chaired by the
Superintendent of Public Instruction and the Secretary of
the California Health and Human Services Agency who shall,
with the Governor, guide the work of the Cabinet;
b) Requires the head of each agency and department within
the state that provides services for, or has jurisdiction
over the wellbeing of children, to serve as members of the
Cabinet;
c) Allows for additional appointees such as the Lieutenant
Governor, the First Spouse, the Director of Finance, or any
other ex-officio member deemed necessary by the Governor;
and
d) Prohibits Cabinet members from receiving compensation
for their services unless reimbursed for travel and
expenses in accordance with state policy.
3)Requires the Cabinet to meet for the first time no later than
March 1, 2012, and at least six times per year thereafter.
4)Allows the Cabinet to appoint working groups as needed to
AB 823
Page 2
further the work of the Cabinet and to include at least one
Cabinet member and members of upper management within state
agencies and departments that provide for, or have
jurisdiction over the well-being of children.
5)Requires every state department or agency to identify and
appoint at least one upper-level management staff person to
act as a liaison between the Cabinet and the department or
agency and to address cross-jurisdictional issues in an
efficient, effective, and expeditious manner.
6)Requires the Cabinet to provide recommendations to the
Governor on a regular basis and to issue a report to the
Governor and the Assembly Committee on Accountability and
Administrative Review and the Senate Committee on Governance
and Finance on or before October 31 of each even numbered year
to address the priorities of the Cabinet as outlined under #7
and 8, below.
7)Expresses the intent of the Legislature that the immediate
goals of the Cabinet shall include:
a) Development of a plan to maximize California's share of
federal funds for programs that support California's
children, including, but not limited to, recommendations on
the most efficient and effective use of those funds; and
b) An assessment of efficient and effective means of
delivering existing programs and improvements in the
alignment of state and local resources, including the
elimination, consolidation, or coordination of duplicative
services where appropriate.
8)Requires the Cabinet to engage in all of the following
activities on an ongoing basis:
a) Developing and implementing a shared and cohesive vision
using integrated services to improve child, youth, and
family outcomes in this state;
b) Developing a strategic plan to:
i) Achieve the goals of the shared and cohesive vision;
ii) Be centered upon a long-term commitment to children
AB 823
Page 3
and youth issues;
iii) Align all public resources to serve children and
youth and their families in a way that supports the
healthy growth and development of children;
iv) Prepare children and youth to be responsible
citizens and productive members of the workforce; and,
v) Include a continuum of services that will benefit
children from prenatal care through services for youth in
transition to adulthood.
c) Establishing and monitoring indicators and benchmarks of
child well-being, and utilizing these data for evaluation
and planning, which may include measurable outcomes for
each state department, agency and program consistent with
the strategic plan, as well as a baseline measurement for
each outcome and regular reports on progress toward
achieving the desired outcome;
d) Promoting and implementing data sharing, collaboration,
increased efficiency, and improved service delivery among
and within the state's child-serving agencies, departments
and organizations; and
e) Coordinating with other state and local coordinating
bodies to support a seamless system of services for
children.
9)Requires the Cabinet to be informed by and coordinate with
individuals and organizations with the best knowledge,
research and expertise, including, but not limited to:
parents, children, youth, educators, school nurses, public
officials, faith-based organizations, community-based
organizations, philanthropic organizations, local educational
agencies, colleges, universities, health care providers,
non-profit organizations, welfare directors, mental health
directors, probation officers, and other organizations and
individuals as needed to inform the work.
10)Makes various findings and declarations related to the intent
of the Legislature to, in collaboration with the Governor,
develop and implement a shared vision among the branches of
government to improve child and family outcomes in the state;
AB 823
Page 4
invest in the education and skills of our children and youth;
align public resources in serving children and youth to
support their healthy growth and development; and, promote
increased efficiency and service delivery by government
agencies serving children and youth.
EXISTING LAW
1)Establishes the Child Welfare Council (CWC) as an advisory
body in order to improve the collaboration and processes of
multiple agencies and courts which serve foster youth and
children in the child welfare system. Welfare and
Institutions Code (WIC) Section 16540.
2)Requires the CWC to be comprised of the Secretary of the
California Health and Human Services HHS and the Chief Justice
of the California Supreme Court or his or her designee, who
serve as the co-chairs; the Superintendent of Public
Instruction or his or her designee, the Chancellor of the
California Community Colleges, or his or her designee and the
Directors of the departments of Social Services, Health,
Mental Health, Alcohol and Drug Programs, Developmental
Services, the Director of the Youth Authority, Administrative
Director of the Courts, State Foster Care Ombudsperson, four
former foster youth, the chairpersons of the Assembly Human
Services Committee and Assembly Judiciary Committees or two
other members appointed by the Assembly Speaker, the
chairpersons of the Senate Human Services and Judiciary
committees, or two other members appointed by the Senate
President pro Tempore, and specified leaders and
representatives of child welfare stakeholders and advocates.
WIC 16541.
3)Requires the CWC meet, at a minimum, on a quarterly basis, and
to report to the Governor, Legislature, Judicial Council, and
public at least once a year with recommendations on how to,
among other things:
a) Ensure funding and services to children in foster care
and child welfare systems is coordinated to eliminate
duplication and fragmentation of services;
b) Increase the quality, appropriateness, and effectiveness
of program services and judicial processes delivered to
children, youth, and families who benefit from integrated
AB 823
Page 5
multiagency services to achieve better outcomes for these
children, youth and families;
c) Increase collaboration and coordination between county
agencies, state agencies, federal agencies, and the courts;
d) Assist the Secretary of California HHS and the chief
justice in formulating policies for the effective
administration of child welfare and foster care programs
and judicial processes; and,
e) Develop methods for obtaining policy recommendations
from foster youth about the effectiveness and quality of
program services and judicial processes. WIC 16054.
FISCAL EFFECT : Unknown
COMMENTS :
Need for this bill: According to the author, California's
budget crisis and proposed realignment creates an imperative for
better coordination and delivery of services, streamlining and
maximization of federal funding to ensure the well-being of
children.
Children's Cabinet Model: The Forum for Youth Investment (FYI)
describes children's cabinets, councils and commissions as
cross-agency coordinating bodies established through legislation
or executive order to change the fragmented and ineffective ways
states often do business for children and youth. According to
FYI, children's cabinets are "typically made up of heads of
government agencies with child and youth-serving programs, who
meet on a regular basis with the collective goal of coordinating
services, developing a common set of outcomes and
collaboratively deciding upon and implementing plans to foster
the well-being of young people."
Currently, Children's Cabinets are found in approximately 20
states across the country. The National Governors Association
(NGA) considers the establishment of a Children's Cabinet a best
practice, and sets forth several guiding principles for the
creation of a children's cabinet, based on the experience of
other states. The NGA and FYI list gubernatorial leadership as
critical to the success of a cabinet, as well as a clear
mission, specific objectives, and measurable outcomes. NGA and
AB 823
Page 6
the FYI recommend children's cabinets should also have dedicated
staff and incorporate the participation of private sector
partners in order to be most successful.
According to the Forum on Youth Investment, the success of
children's cabinets and councils is hard to measure, but based
on anecdotes, seems relatively low as bodies lose steam or
focus, resources and momentum. In order to strengthen cabinets,
FYI suggests development on a broader purpose, strong community
connections, and a focus on accountability.
Child Welfare Council: The California Legislature created the
CWC in 2006 with the passage of AB 2216 (Bass) Chapter 384,
Statutes of 2006. Charged with cross-agency coordination and
priority setting for children and families involved in the
state's child welfare and foster care systems, the CWC has been
successful in creating a forum for an ongoing and important
dialogue among state leaders and stakeholders. Some of the
challenges identified by the CWC and related to its structure,
are that it has been understaffed. Perhaps as a result, the CWC
has had difficulties complying with statutorily mandated reports
to the Legislature.
The Children's Cabinet would differ from the CWC in that it
would attempt to coordinate services and programs for all of
California's children, not just those in the child welfare
system, and this bill does not include Legislators on the
Cabinet, or non-governmental stakeholders.
Support: The Children's Defense Fund writes in support of this
bill, that California needs legislative and administrative
leaders to work on their behalf now more than ever given that 1
in 5 children in our state live in poverty, over one million
children are uninsured, and 1 in every 4 students drop out
before finishing high school. The Children's Defense Fund
argues that this bill will go a long way to ensuring that the
needs of California's children do not fall by the wayside.
The Children's Cabinet concept was one of 10 priority
recommendations for lawmakers by the bill's sponsor, Children
Now, California Report Card 2011: Setting the Agenda for
Children. Children Now claims that states with Children's
Cabinets are more likely to win federal "Race to the Top"
education funding, have helped to identify underperforming
government programs and redirect those funds to more efficient
AB 823
Page 7
programs, and have improved school readiness. According to
Children Now, "There is a growing consensus that there is a need
to change the way business is done for our state's youth, and
�this bill] provides an important opportunity to move the state
and our youth forward."
Is legislation necessary to form a Children's Cabinet in
California? Most children's cabinets are initiated through an
executive order of the state governor and later codified in
statute. In fact, FYI suggests that this evolution helps to
ensure the strength and permanency of children's cabinets:
This process allows a new cabinet to establish a
structure and make necessary adjustments before
becoming a permanent entity. Both forms of
authorization are important for coordinating bodies.
Executive orders bring the weight of the governor's
office in introducing the collaborative and increasing
its legitimacy. Executive orders also ensure that the
cabinet and its work receive adequate attention from
the governor and his/her office?Legislative
authorization ensures sustainability and tenure beyond
a single administration. It is important for a
cabinet to make key decisions and work out its
structure prior to seeking statutory authorization.
If the goal of this bill is to ensure efficiency and
coordination among the different state departments and
agencies responsible for the wellbeing of children, the
governor's support for this concept will be crucial to its
success and could be ensured by an executive order.
Is the Cabinet duplicative of existing state interagency
coordinating bodies? This bill would create a structure
similar to the Child Welfare Council, but would expand the
focus beyond children in the child welfare system - the
focus of the Child Welfare Council - to include all
children, and by extension a broader cross-section of
related issues.
In addition to the Child Welfare Council, however, the
state created the State Interagency Team (SIT) for Children
and Youth in 2003. According to the Health and Human
Services Agency, the SIT is comprised of deputy directors
from 10 state agencies and departments and provides
AB 823
Page 8
leadership and guidance to facilitate local implementation
of system improvements. State departments and agencies
represented on the SIT include the Departments of Social
Services, Education, Health Services, Mental Health,
Alcohol and Drug Programs, Developmental Services and
Employment Development, as well as the Attorney General's
Office, the California Children & Families Commission and
the California Workforce Investment Board.
The areas of focus for the SIT include escalating policy
and programmatic issues to the senior leadership level for
better coordination of services and the removal of
obstacles; maximizing funding for services that support
children, youth, and families; removing systemic and
regulatory barriers; ensuring that policies, accountability
systems and planning are outcome-based; and data and
information sharing.
Since 2003, the SIT has been involved in numerous
activities across a variety of program areas involving
children and youth in California, including the creation of
Regional Program and Fiscal Academies designed to provide
training to local county representatives about available
funding streams to serve children, and families and a
"Barrier Busters Team" focused on addressing regulatory and
procedural barriers that affect children and families. The
SIT has also formed workgroups, such as the California
Statewide Leadership Group on Domestic Violence and Child
Well-being (The Leadership Group), a voluntary affiliation
of governmental and nonprofit stakeholders who work to
address the challenges of children and families who
experience domestic violence. The Leadership Group was
able to secure private foundation funding in 2008 to
identify best practices and service gaps related to
domestic violence as it impacts children and families.
Given the very similar mission and composition of the SIT,
is a new Cabinet necessary?
Would the California's Children's Cabinet be adequately
staffed and supported to fulfill its mission? Dedicated
staff is considered critical to the success of the
children's concept by both the NGA and FYI. In
consideration that the proposed California Children's
Cabinet will need, at a minimum, someone to coordinate
AB 823
Page 9
invitations and agendas for six annual meetings and that
much of the work to carry out the vision of the Cabinet
will need to be performed between meetings, some dedicated
staff seems essential to the viability of the Cabinet. In
addition, staff will be needed to compile the information
from the various agencies and departments to complete the
report that must be submitted to the Governor and the
Legislature on an annual basis. Although this bill would
require each department head to dedicate a senior-level
staff person to serve as a liaison for the Cabinet, with an
unlimited number of state departments and agencies that
could potentially touch the lives of children, the
accountability for the work products required will be
difficult without additional clarity.
Suggested amendments:
1)While one person should not be expected to do all the work of
the Cabinet alone, the author may wish to consider whether to
assign a dedicated staff person or persons to be responsible
for coordinating the work of the council and required reports.
2)Given the fact that the children's cabinet proposed in this
bill is not initiated by the Governor, either through
sponsorship of this legislation or by a standing executive
order, the author should consider including a sunset date to
allow the Legislature to assess the effectiveness of this
initiative. Staff recommends this bill include a sunset after
seven years, with the option of a performance audit by the
Bureau of State Audits to be completed a year prior to the
sunset on the effectiveness of the Cabinet.
3)The author should consider inclusion of members of the
Legislature on the Children's Cabinet. In states where
children's cabinets are initiated by the governor through
executive order, he or she may begin by limiting the
composition of the cabinet to agency or department heads.
Given that the proposed California Children's Cabinet is being
initiated by the Legislature, and requires collaboration
between the Governor and the Legislature to develop the vision
and goals of the Cabinet, the author should consider
appointment of members of the Legislature to the Cabinet.
4)The author may want to consider reducing the number of
required meetings. If this advisory body is to engage
AB 823
Page 10
high-level staff and department heads, the author should
consider whether a meeting once every other month is feasible.
Similar advisory bodies, such as the CWC meet on a quarterly
basis instead, and have successfully and consistently
maintained the attendance of high-level governmental
officials.
REGISTERED SUPPORT / OPPOSITION :
Support
American Academy of Pediatrics, California (AAP-CA)
American Federation of State, County and Municipal Employees
(AFSCME)
Aspiranet
Bay Area Council
California Coalition for Youth (CCY)
California Family Resource Association (CFRA)
California School Health Association
California School Health Centers Association
California State PTA
Children Now
Children's Defense Fund-California
Children's Hospital Association
First 5, Fresno County
Lucile Packard Children's Hospital
Merced County Local Child Care and Development Planning Council
Mission Focused Solutions
The Child Abuse Prevention Center
The Children's Partnership
Opposition
None on file.
Analysis Prepared by : Michelle Doty Cabrera / HUM. S. / (916)
319-2089