BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1611
                                                                  Page  1

          Date of Hearing:   May 16, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    AB 1611 (Beall) - As Amended:  April 18, 2012 

          Policy Committee:                              Human 
          ServicesVote:4 - 2 

          Urgency:     No                   State Mandated Local Program: 
          Yes    Reimbursable:              Yes

           SUMMARY  

          This bill requires counties to develop and implement plans to 
          address racial and ethnic disparities in the child welfare 
          system. Specifically, this bill: 

          1)Requires that outcome indicators for the California Child and 
            Family Service Review System (C-CFSR) be examined for each 
            racial and ethnic population serviced within a county.

          2)Requires each county in its county self-assessment (CSA) and 
            system improvement plan (SIP) to assess racial and ethnic 
            disparities and include strategies and time frames for 
            implementation to eliminate any disparities in services and 
            outcomes for children of color.

          3)Requires each county CSA and SIP to include strategies for 
            improving and expediting permanency for children and youth 
            from communities of color that are overrepresented in the 
            child welfare system.

          4)Requires the Department of Social Services (DSS) in its annual 
            report of information to the budget committees and the policy 
            to committees include information on efforts to assess and 
            correct disproportionality and disparities in services and 
            outcomes for children of color. 

          5)Requires DSS, using existing resources or private funding, to 
            contract for research evaluating the disproportionate 
            representations of, and inequities of services for, Latino 
            children and families in the child welfare system. Requires to 
            report to the Legislature and the governor by January 1, 2015.








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          6)Gives the DSS director full authority and discretion to take 
            whatever action is necessary in a county that is found to be 
            substantially failing with the requirements of its SIP in 
            terms of addressing disproportionality. 

          7)States that it is the intent of the Legislature to eliminate 
            racial and ethnic disproportionality in the child welfare 
            system.  

           FISCAL EFFECT  

          1)One-time costs of approximately $1 million (GF) for 39 
            counties to update and redo their CSAs and SIPs in a year 
            where they would otherwise not be conducting a SIP.

          2)One-time costs between $350,000 and $500,000 for an evaluation 
            of disproportionality among Latino children.

          3)Due to years of severe budget constraints and reductions, 
            California's child welfare services program is underfunded by 
            approximately $300 million (GF). Stating the intent of the 
            Legislature to end all disproportionality and requiring 
            counties to implement plans to end disproportionality at a 
            minimum would likely require making the program whole and 
            increasing funding by $300 million (GF) per year. Only when 
            fully funded will county child welfare departments have the 
            resources necessary to ensure that all children in the state's 
            care receive the best possible services and equitable 
            treatment.

           COMMENTS 

           1)Purpose  . This bill utilizes the C-CFSR system as the basis for 
            individual county child welfare agencies to assess and address 
            issues of racial and ethnic disproportionality and 
            disparities.  Primarily, the bill requires the C-CFSR 
            workgroup to include race and ethnicity as factors in 
            developing outcome indicators.  In conducting CSAs and 
            developing SIPs, it requires counties to address strategies to 
            eliminate disparities in services and outcomes for children of 
            color in the county's child welfare system.

            This bill also requires DSS, when it is identifying and 
            promoting best practices in child welfare service delivery, to 








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            include increasing cultural competency and eliminating 
            inequities in the delivery of services. It requires DSS to 
            include disproportionality and disparities in services and 
            outcomes for children of color in the findings and 
            recommendations for improvements in the child welfare system 
            report annually provided to the Legislature.  This bill 
            authorizes DSS to take appropriate action to enforce 
            compliance with the requirements of this bill.

            Finally, the author argues that recent state initiatives and 
            research evaluating the disproportionate representation of, 
            and inequities in services for communities of color have 
            omitted the Latino community; therefore this bill requires DSS 
            to contract for research focusing on Latino children and 
            families.
             
           2)Disproportionality Pilot Project  . The state is currently 
            conducting a pilot project in four counties in an attempt to 
            better understand the series of complex circumstances and 
            problems that lead to disproportionality in the child welfare 
            system. Those four counties are Humboldt, Fresno, Los Angeles, 
            and Santa Clara.  While the pilot is not completed, it has 
            become clear that the answers are complicated and that it is 
            difficult to determine what the right outcome should be when 
            looking at disproportionality. 

             For example, a recent study examining African American 
            disproportionality in nine states (including California) from 
            the perspective of child welfare workers lists themes 
            identified by welfare agency participants, including:  

             a)   Poverty and poverty-related circumstances.
             b)   Lack of services in resource-poor communities. 
             c)   Visibility due to more contact with public service 
               systems.
             d)   Lack of information.
             e)   Over-reporting of minority parents for child abuse and 
               neglect.
             f)   Media pressure. 
             g)   Staff racial and cultural biases. 

            Given the current pilot project, this bill may be premature. 
            Results from the project may show that the varied and complex 
            reasons children of color disproportionately end up in care 
            has little to do with county policies or SIPs. Therefore, 








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            requiring all counties to conduct additional SIPs may not 
            address the problem. In addition, data shows that not all 
            counties are struggling with disproportionality, so additional 
            planning may not be necessary for all 58 counties. 

             Child and Family Services Review  . The performance review 
            system was created by the federal Adoption and Safe Families 
            Act (AFSA) of 1997. The principles of AFSA were designed to 
            achieve child safety, permanency, and well-being. Under the 
            requirements of AFSA the federal government created child and 
            family services performance measures for the states, which 
            include seven measures for safety, well-being, and permanency. 
            They also cover seven systemic measures that examine training 
            for foster parents and caseworkers, the status of the 
            statewide data system, the quality assurance process, and the 
            state's case review system. 

            AB 636 (Steinberg), Chapter 678, Statutes of 2001, established 
            the Child and Family Services Review process for California. 
            Under the C-CFSR, each county is required to conduct a 
            self-assessment every three years that includes an intensive 
            review of data surrounding the rate children are placed in 
            foster care, the length of time they stay in care, the number 
            of times they changed placements, and other data designed to 
            measure the well-being of children in the system. Once they 
            review the data, each county child welfare department conducts 
            a lengthy public process that includes discussions with 
            stakeholders and culminates with the adoption of a SIP by the 
            county board of supervisors. Those SIPs are then submitted to 
            the state for review and incorporated into the state's Program 
            Improvement Plan (PIP) which is then submitted to the federal 
            government.  
           
             


           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916) 
          319-2081