BILL NUMBER: AB 1015 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 28, 2011
AMENDED IN ASSEMBLY APRIL 14, 2011
INTRODUCED BY Assembly Member Charles Calderon
FEBRUARY 18, 2011
An act to add Section 202.1 to amend
Section 10601.2 of the Welfare and Institutions Code, relating
to social services.
LEGISLATIVE COUNSEL'S DIGEST
AB 1015, as amended, Charles Calderon. Child welfare services:
county task force. California Child and
Family Service Review System.
Existing law provides for child welfare services, which are public
social services directed toward, among other purposes, protecting
and promoting the welfare of all children, including those in foster
care placement.
This bill would require each county to convene a task force by
January 1, 2013, to identify and implement operational improvements
in the administration of child welfare services. The bill would
require the task force to, by January 1, 2014, submit a report to the
county board of supervisors identifying and listing proposed
operational improvements, would require the county to hold a public
hearing within 30 days, and would require an annual report to the
board and the public on the status of implementation efforts. By
establishing these additional duties, this bill would impose a
state-mandated local program.
Under existing law, the State Department of Social Services
oversees the administration of county public social services,
including child welfare services. Existing law requires the
department to establish the California Child and Family Service
Review System, in order to review all county child welfare systems.
Existing law requires the department to report to the Assembly and
Senate Budget Committees and appropriate legislative policy
committees regarding the department's progress relating to federal
and state child and family service reviews.
This bill would, in relation to these reviews, require each county
to consult with specified stakeholders in developing the county
self-assessments and county improvement plans, or similar reports
required by any subsequent changes to the system. This bill would
also require the county improvement plans to include a separately
titled provision that lists and provides the rationale for proposed
operational improvements that may be implemented at a cost savings to
the county or within existing resources. By increasing duties of
county officials, this bill would impose a state-mandated local
program. This bill would also make technical, nonsubstantive changes
to these provisions.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 10601.2 of the
Welfare and Institutions Code is amended to read:
10601.2. (a) The State Department of Social Services shall
establish, by April 1, 2003, the California Child and Family Service
Review System, in order to review all county child welfare systems.
These reviews shall cover child protective services, foster care,
adoption, family preservation, family support, and independent
living.
(b) Child and family service reviews shall maximize compliance
with the federal regulations for the receipt of money from Subtitle E
(commencing with Section 470) of Title IV of the federal Social
Security Act (42 U.S.C. Sec. 670 and following)
et seq.) and ensure compliance with state plan
requirements set forth in Subtitle B (commencing with Section 421) of
Title IV of the federal Social Security Act (42 U.S.C. Sec. 621
and following) et seq.) .
(c) (1) (A) By October 1, 2002, the
California Health and Human Services Agency shall convene a workgroup
comprised of representatives of the Judicial Council, the State
Department of Social Services, the State Department of Health
Care Services, the State Department of Mental Health, the State
Department of Education, the Department of Child Support Services,
the State Department of Justice, any other state
departments or agencies the California Health and Human Services
Agency deems necessary, the County Welfare Directors Association, the
California State Association of Counties, the Chief Probation
Officers of California, the California Youth Connection, and
representatives of California tribes, interested child advocacy
organizations, researchers, and foster parent organizations. The
workgroup shall establish a workplan by which child and family
service reviews shall be conducted pursuant to this section,
including a process for qualitative peer reviews of case information.
(2)
(B) At a minimum, in establishing the workplan, the
workgroup shall consider any existing federal program improvement
plans entered into by the state pursuant to federal regulations, the
outcome indicators to be measured, compliance thresholds for each
indicator, timelines for implementation, county review cycles,
uniform processes, procedures and review instruments to be used, a
corrective action process, and any funding or staffing increases
needed to implement the requirements of this section. The agency
shall broadly consider collaboration with all entities to allow the
adequate exchange of information and coordination of efforts to
improve outcomes for foster youth and families.
(2) In developing the county self-assessments and county
improvement plans required pursuant to this section, or similar
reports required by any subsequent changes to the California Child
and Family Service Review System, each county shall consult with
stakeholders, including, but not limited to, county child welfare
agencies and probation agency staff at all levels, current and former
foster children, children's attorneys, and foster care providers.
The county shall consult with at least one county child welfare
worker named by the bargaining unit representing children's social
workers.
(d) (1) The California Child and Family Service Review System
outcome indicators shall be consistent with the federal child and
family service review measures and standards for child and family
outcomes and system factors authorized by Subtitle B (commencing with
Section 421) and Subtitle E (commencing with Section 470) of Title
IV of the federal Social Security Act and the regulations adopted
pursuant to those provisions (Parts 1355 to 1357, inclusive, of Title
45 of the Code of Federal Regulations).
(2) During the first review cycle pursuant to this section, each
county shall be reviewed according to the outcome indicators
established for the California Child and Family Service Review
System.
(3) For subsequent reviews, the workgroup shall consider whether
to establish additional outcome indicators that support the federal
outcomes and any program improvement plan, and promote good health,
mental health, behavioral, educational, and other relevant outcomes
for children and families in California's child welfare services
system.
(4) The county improvement plans developed pursuant to this
section that are approved by the county board of supervisors shall
include a separately titled provision that lists and provides the
rationale for proposed operational improvements identified during the
stakeholder process described in paragraph (2) of subdivision (c)
that may be implemented at a cost savings to the county or within
existing county resources.
(e) The State Department of Social Services shall identify and
promote the replication of best practices in child welfare service
delivery to achieve the measurable outcomes established pursuant to
subdivision (d).
(f) The Notwithstanding Section 10231.5 of
the Government Code, the State Department of Social Services
shall provide information to the Assembly Committee on Budget
and the Senate Budget Committees
Committee on Budget and Fiscal Review and appropriate
legislative policy committees annually, beginning with the 2002-03
fiscal year, on all of the following:
(1) The department's progress in planning for the federal child
and family service review to be conducted by the United States
Department of Health and Human Services and, upon completion of the
federal review, the findings of that review, the state's response to
the findings, and the details of any program improvement plan entered
into by the state.
(2) The department's progress in implementing the California child
and family service reviews, including, but not limited to, the
timelines for implementation, the process to be used, and any funding
or staffing increases needed at the state or local level to
implement the requirements of this section.
(3) The findings and recommendations for child welfare system
improvements identified in county self-assessments and county system
improvement plans, including information on common statutory,
regulatory, or fiscal barriers identified as inhibiting system
improvements, any recommendations to overcome those barriers, and, as
applicable, information regarding the allocation and use of the
moneys provided to counties pursuant to subdivision (i).
(g) Effective April 1, 2003, the existing county compliance review
system shall be suspended to provide to the State Department of
Social Services sufficient lead time to provide training and
technical assistance to counties for the preparation necessary to
transition to the new child and family service review system.
(h) Beginning January 1, 2004, the department shall commence
individual child and family service reviews of California counties.
County child welfare systems that do not meet the established
compliance thresholds for the outcome measures that are reviewed
shall receive technical assistance from teams made up of state and
peer-county administrators to assist with implementing best practices
to improve their performance and make progress toward meeting
established levels of compliance.
(i) (1) To the extent that funds are appropriated in the annual
Budget Act to enable counties to implement approaches to improving
their performance on the outcome indicators under this section, the
department, in consultation with counties, shall establish a process
for allocating the funds to counties.
(2) The allocation process shall take into account, at a minimum,
the extent to which the proposed funding would be used for activities
that are reasonably expected to help the county make progress toward
the outcome indicators established pursuant to this section, and the
extent to which county funding for the Child Abuse, Prevention and
Treatment program is aligned with the outcome indicators.
(3) To the extent possible, a county shall use funds allocated
pursuant to this subdivision in a manner that enables the county to
access additional federal, state, and local funds from other
available sources. However, a county's ability to receive additional
matching funds from these sources shall not be a determining factor
in the allocation process established pursuant to this subdivision.
(4) The department shall provide information to the appropriate
committees of the Legislature on the process established pursuant to
this subdivision for allocating funds to counties.
SECTION 1. Section 202.1 is added to the
Welfare and Institutions Code, to read:
202.1. (a) By January 1, 2013, each county shall convene a task
force to identify and implement operational improvements in the
administration of child welfare services.
(b) The task force members shall not be paid by the county or the
state and shall not be reimbursed by the county or the state for
their services, except that those task force members who are county
employees may serve on the task force as a part of their county
employment and be paid accordingly.
(c) The task force shall, at a minimum, consist of a
representative appointed by the bargaining unit representing children'
s social workers, a representative of the county director of welfare,
a representative of the board of supervisors of the county, a
representative appointed by the law firm that represents foster
children in the county, and a former foster youth residing in the
county.
(d) By January 1, 2014, the task force shall submit to the board
for approval a report, at a minimum, identifying and listing proposed
operational improvements which may be implemented at a cost savings
to the county or within existing resources. The report shall include,
but shall not be limited to, dates for full implementation of the
proposals. Within 30 days of receiving the report, the county shall
conduct a public hearing regarding the report. This subdivision does
not limit the discretion of the task force or the county to identify
and implement any reform or policy otherwise permitted by law, as the
county or task force may, in its discretion, deem appropriate.
(e) Either the representative of the county director of welfare,
the representative of the board of supervisors, or the law firm
representative shall annually report to the board and the public as
to whether the improvements have been implemented and, if not, the
status of the implementation efforts, and the reasons for the lack of
full implementation.
(f) This section may be implemented as part of the county's
obligations pursuant to Section 10601.2, if the requirements of this
section are met. This section does not prevent a county from
convening a task force or issuing a report pursuant to this section
covering more than one county, if the requirements of this section
are met.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.