BILL ANALYSIS                                                                                                                                                                                                    �






                                        

                                  SENATE HUMAN
                               SERVICES COMMITTEE
                            Senator Carol Liu, Chair


          BILL NO:       AB 823                                      
          A
          AUTHOR:        Dickinson                                   
          B
          VERSION:       June 27, 2011
          HEARING DATE:  July 5, 2011                                
          8
          FISCAL:        Appropriations                              
          2
                                                                     
          3
          CONSULTANT:                                                
          Hailey
                                        
                                     SUBJECT
                                         
                        Children's Cabinet of California


                                     SUMMARY  

          Establishes an advisory body responsible for improving the 
          collaboration and processes of the multiple agencies 
          providing services to children and youth in California


                                     ABSTRACT  

           Current law
           1.  Establishes the State Department of Education, the 
          Health and Human Services Agency, the California Supreme 
          Court, the Department of Corrections and Rehabilitation, 
          the departments of Social Services, Health Care Services, 
          Public Health, Mental Health, Alcohol and Drug Programs, 
          Developmental Services, and Child Support Services.

          2.  Establishes the constitutional offices of the 
          superintendent of public instruction, elected every four 
          years, and the chief justice of the California Supreme 
                                                         Continued---



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          Court, appointed by the governor for a 12 year term.

          3.  Establishes the office of the secretary of the 
          Department of Corrections and Rehabilitation and the 
          secretary of the Health and Human Services Agency.

          4.  Provides, in the Constitution, that statute may provide 
          authority to the governor to assign and reorganize 
          functions among executive officers and agencies and their 
          employees, other than elective officers and agencies 
          administered by elective officers.

          5.  Establishes a state board of education as the governing 
          and policy-making body of the State Department of 
          Education.

          6.  Establishes a child welfare council, chaired by the 
          chief justice of the California Supreme Court and the 
          secretary of the Health and Human Services Agency, to 
          consider recommendations to improve child and youth 
          outcomes through increased collaboration and coordination 
          among the programs, services, and processes administered by 
          the multiple agencies and courts that serve children and 
          youth in California's child welfare system.  (Sections 
          16540-16545 of the Welfare and Institutions Code.)

          7.  Establishes a child development advisory committee to 
          advise the Legislature, the governor, and the 
          superintendent of public instruction on policies and 
          programs for children birth through school age.  (Education 
          Code Section 8286.)

           This bill
           1.  Makes findings and declarations that state agencies and 
          programs that touch the lives of children, youth, and 
          families must work in a coordinated and comprehensive 
          fashion; that the Legislature intends to develop, in 
          collaboration with the governor, a shared vision to improve 
          child and family outcomes, and that the Legislature intends 
          to promote efficiency and improved service delivery by all 
          government agencies serving children and families.

          2.  Establishes a children's cabinet within state 
          government serving as an advisory body to improve 
          collaboration among agencies serving children and youth in 




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          California.

          3.  Directs the cabinet to make recommendations to the 
          governor and Legislature on ways to improve delivery of 
          services to children and families.

          4.  Provides membership on the cabinet to the 
          superintendent of public instruction, the secretary of the 
          Health and Human Services Agency, the chief justice (or 
          designee), the secretary of the Department of Corrections 
          and Rehabilitation (or designee), the directors of the 
          departments of social services, health care services, 
          public health, mental health, alcohol and drug programs, 
          developmental services, and child support services, two 
          members of the Assembly (appointed by the Speaker) and two 
          members of the Senate (appointed by the President pro 
          Tempore).

          5.  Provides that the superintendent of public instruction 
          and the secretary of the Health and Human Services Agency 
          shall serve as co-chairs of the cabinet.

          6. Empowers the governor to appoint any other member the 
          governor deems necessary.

          7. Directs the cabinet's co-chairs to share responsibility 
          for staffing the cabinet to the extent private funds are 
          available for that purpose.

          8. Directs the cabinet's co-chairs to convene an 
          organizational session by March 1, 2012, and no less 
          frequently than quarterly thereafter, to appoint committees 
          as needed, to identify at least staff person within each 
          department or agency serving on the cabinet - to serve as 
          liaison between the cabinet and the department or agency, 
          and to provide recommendations to the governor and 
          Legislature by October 31 of each even-numbered year.

          9.  Establishes that members of the cabinet shall receive 
          no compensation for their services except that they may be 
          reimbursed for actual travel and related expenses.

          10.  Stipulates that each cabinet committee shall consist 
          of at least one cabinet member and may include staff from 
          upper level management within the agencies and departments 




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          of the state that provide services for children. 

          11.  Provides that cabinet committees may make 
          recommendations to the cabinet.

          12.  Requires the bi-annual report, due by October 31 of 
          each even-numbered year, to address several priorities 
          including: 
                 a plan to maximize the state's share of federal 
               funds for children's programs, 
                 assessing the quality and effectiveness of programs 
               and services, 
                 articulating a shared and cohesive vision of 
               integrated services to improve child and family 
               outcomes, 
                 developing a strategic plan to achieve the shared 
               vision, 
                 establishing indicators of child well-being,
                 promoting data sharing, and
                 supporting a seamless system of services for 
               children and youth.

          13.  Directs the cabinet to seek the knowledge, research, 
          and expertise of the public

          14.  Permits the Bureau of State Audits to conduct a 
          performance audit of the cabinet, reporting findings by 
          January 1, 2018.

          15.  Stays implementation of the children's cabinet unless 
          the Department of Finance determines that there are 
          sufficient federal or private funds to fully support the
          activities of the cabinet.

          16.  Repeals the provisions of this chapter on January 1, 
          2019 - unless another statute deletes or extends that date.


                                  FISCAL IMPACT  

          The Assembly Appropriations Committee estimated annual 
          costs of $500,000 to staff the cabinet and produce the 
          bi-annual report.

          The bill provides that the cabinet shall not begin work 




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          until a determination by the Department of Finance 
          determines that there are sufficient federal or private 
          funds to fully support the activities of the cabinet.
           



                            BACKGROUND AND DISCUSSION  

           Author's purpose
           The author believes that the state's budget crisis and the 
          effort to realign some state and county services demands 
          improved coordination to ensure efficient and effective 
          delivery of services, elimination of duplicate efforts, 
          maximizing federal funds, establishing priorities, and 
          using outcome measures for children.

          The author states that 18 states, including Florida, Maine, 
          Rhode Island, and West Virginia, have children's cabinets.

           Children's cabinets  
          The Forum for Youth Investment describes children's 
          cabinets as cross-agency coordinating bodies established 
          through legislation or executive order to change the 
          fragmented ways states may do business for children, youth, 
          and families.  According to the forum, 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." 
             
          Children's cabinets are found in approximately 20 states 
          across the country.  The National Governors Association 
          considers the establishment of a children's cabinet a best  
           practice, and sets forth guiding principles based on the 
          experience of other states.  The association as well as the 
          forum list gubernatorial leadership as critical to the 
          success of a cabinet -- as well as a clear mission, 
          specific objectives, and measurable outcomes.  Both 
          organizations recommend that children's cabinets have 
          dedicated staff and incorporate the participation of 
          private sector partners. 





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          According to the forum, the success of children's cabinets 
          is difficult to measure, but based on anecdotes, seems 
          relatively low as bodies lose focus, resources and 
          momentum.

           Only federal or private funds are expended for the purposes 
          and activities of the cabinet
           The bill establishes an advisory cabinet of at least 15 
          persons who are employees of the state, the Legislature, or 
          the courts; it calls for staff to be provided by the 
          superintendent of public instruction and the secretary of 
          the Health and Human Services Agency; and it directs the 
          cabinet to work with upper-level management within state 
          agencies and departments -- in its committees and as 
          liaisons.  The bill requires that the time - of members, 
          staff, and upper-level management -- be covered by federal 
          or private funds.

           Related legislation
           AB 422 (Torres, 2010)  .   This bill would have required the 
          secretary of California Health and Human Services to 
          develop the State Youth and Family Master Plan to set the 
          general guiding principles the state should follow when 
          developing policies affecting the state's youth and 
          families and identifying all state governmental entities 
          responsible for delivering services to youth and families 
          and bridging the communication gaps between those entities. 
           Held in Assembly Appropriations Committee.

          AB 2252 (DeSaulnier, 2008).  This bill would have 
          established in state government the California Commission 
          on Youth to examine and discuss policy and fiscal issues 
          affecting the interests, needs, and conditions of the youth 
          of California, and to formally advise and make 
          recommendations to the Legislature and the Governor on 
          specific issues affecting youth.  Vetoed.

          In his veto message, Governor Schwarzenegger wrote,
                I agree that youth offer a unique and 
                thoughtful perspective on issues that affect 
                California.  However, this bill is duplicative 
                of efforts currently underway by the Child 
                Welfare Council established under the Child 
                Welfare Leadership and Performance 
                Accountability Act of 2006 and the State Youth 




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                Council.  Furthermore, the Administration and 
                the Legislature already have the authority to 
                create councils to advise them, rendering this 
                bill unnecessary.

           Assembly votes
           Floor:         52-24
          Appropriations:12-5
          Human Services:  4-2

                              COMMENTS AND QUESTIONS
           
           Is the bill too prescriptive and detailed?
           The bill is more prescriptive, detailed, and repetitive 
          than may be useful or necessary for establishing an 
          advisory committee.  Staff recommends that the bill be 
          amended to establish the membership of the cabinet, to 
          require public quarterly meetings, to focus cabinet 
          discussions on improving inter-departmental coordination, 
          and to require a bi-annual report to the Legislature and 
          the governor making recommendations for improving programs. 
           Such a focus would invite creativity without overwhelming 
          the cabinet by requiring a report that will either be too 
          large or too general to be of use.

           Use of federal or private funds
           The committee may want to ask the author if there are 
          analogous boards, committees, or commissions within 
          California state government that do not use state funds - 
          aside from those required by and funded by the federal 
          government.

          The author may also wish to review how the cabinet will 
          account for the expenditure of no state funds for the time 
          cabinet members and staff, committee members who are state 
          employees, and departmental liaisons spend on cabinet 
          business.

           Governor's support
           Seeking to put the bill on the governor's desk during the 
          first year of a two year session - and the first year of a 
          governor and superintendent's administrations during a 
          period when their focus has been almost entirely on the 
          state budget -- may be moving faster than is prudent for 
          the kind of quality outcomes supporters expect from the 




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          legislation.  The bill may require negotiation with the 
          principals - the governor or the agency secretary and the 
          superintendent of public instruction - before going to the 
          governor for signature.   Given the findings of the 
          National Governors Association - supported by the Forum for 
          Youth Investment - that the support of a governor is 
          critical for a cabinet's making a significant contribution, 
          the author may want to describe the response of the 
          governor's office and that of the superintendent of public 
          instruction to the bill.
                                    POSITIONS  

          Support:       Children Now (sponsor)
                         American Federation of State, County and 
                         Municipal Employees American Academy of 
                         Pediatrics
                         ASPIRAnet
                         Atwater Policy Activities League
                         Bay Area Council
                         California Alternative Payment Program 
                         Association 
                         California Children's Health Initiative 
                         California Children's Hospital Association
                         California Coalition for Youth
                         California Correctional Peace Officers 
                         Association 
                         California School Health Centers Association
                         California School Nurses Association
                         California State Association of Counties 
                         California State PTA
                         Child Abuse Prevention Center
                         Children's Defense Fund California
                         Children's Partnership
                         Community Social Model Advocates, Inc.
                         Family Paths, Inc.
                         Family Violence Law Center
                         Fight Crime: Invest in Kids California
                         First 5, Santa Clara County
                         First 5, Los Angeles
                         Judicial Option.Com
                         Link to Children
                         Lucile Packard Children's Hospital
                         Marin Community Clinics
                         Marin County Office of Education
                         Marin Kids




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                         Merced County Local Child Care and 
                         Development 
                         North Regional SELPA Planning Council
                         Merced County Office of Education
                         Mission Focused Solutions
                         Plumas Court Appointed Special Advocates for 
                         Children 
                         Professional Association for Childhood 
                         Education
                         Santa Clara County Board of Supervisors
                         Yolo County Children's Alliance and Child 
                         Abuse Prevention Council

          Oppose:   None received

                                        
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