BILL NUMBER: SB 1432 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 16, 2012
INTRODUCED BY Senator Steinberg
FEBRUARY 24, 2012
An act to amend Section 16122 10601.2
of the Welfare and Institutions Code, relating to child
and family welfare.
LEGISLATIVE COUNSEL'S DIGEST
SB 1432, as amended, Steinberg. Adoption assistance.
Child and family welfare.
Existing law requires the State Department of Social Services to
establish the California Child and Family Service Review System, in
order to review all county child welfare systems, including child
protective services, foster care, adoption, family preservation,
family support, and independent living. Existing law requires, by
October 1, 2002, the California Health and Human Services Agency to
convene a workgroup comprised of specified representatives to
establish a workplan by which child and family service reviews are
conducted pursuant to these provisions.
This bill would require, by March 1, 2013, that the workgroup
determine whether additional outcome indicators, additional analysis
of existing outcome indicators, or both, are necessary to determine
the impact, if any, of the realignment of child welfare programs and
services on child safety and well-being. The workgroup would be
required to consider specified outcome indicators.
Existing law requires the department to provide specified
information relating to child and family service reviews to the
Assembly and Senate Budget Committees and appropriate legislative
policy committees annually, beginning with the 2002-03 fiscal year.
This bill would require that this information include the impact,
if any, of the realignment of child welfare programs and services on
child safety and well-being, as specified.
Existing law requires, commencing January 1, 2004, that the
department commence individual child and family service reviews of
California counties. Existing law requires that county child welfare
systems that do not meet certain criteria receive technical
assistance, as specified.
This bill would require the department to initiate one or more
specified compliance actions if a county child welfare system, after
receiving this technical assistance for a specified period of time,
does not meet certain criteria.
Existing law provides for the Adoption Assistance Program (AAP),
to be established and administered by the State Department of Social
Services or the county, for the purpose of benefitting children
residing in foster homes by providing the stability and security of
permanent homes.
This bill would make technical, nonsubstantive changes to a
provision relating to adoption assistance.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
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) 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).
(c) (1) 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 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) 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.
(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) By March 1, 2013, the workgroup shall determine whether
additional outcome indicators, additional analysis of existing
outcome indicators, or both, are necessary to determine the impact,
if any, of the realignment of child welfare programs and services on
child safety and well-being. The workgroup shall specifically
consider outcome indicators related to the incidence of child abuse
and neglect and the effectiveness of community-based child abuse
prevention efforts, including, but not limited to, all of the
following:
(A) Nonaccidental injuries to children requiring medical care.
(B) Infant mortality.
(C) Rates of birth of low-birthweight infants.
(D) Rates of birth to mothers who received no prenatal care.
(E) Rates of birth to mothers under 18 years of age.
(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 State Department of Social Services shall provide
information to the Assembly and Senate Budget Committees 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).
(4) The impact, if any, of the realignment of child welfare
programs and services on child safety and well-being, including, but
not limited to, any increase in nonaccidental injuries to children
receiving medical care, infant mortality, rates of birth of
low-birthweight infants, rates of birth to mothers who received no
prenatal care, rates of birth to mothers under 18 years of age, or
other factors correlated with increased risk of child abuse or
neglect.
(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) (1) 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.
(2) The department shall initiate one or more of the compliance
actions authorized by Section 10605 if any county child welfare
system, after receiving the technical assistance described in
paragraph (1) for a period of at least six months, but not more than
one year, does not meet the established compliance threshold for one
or more outcome measures.
(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 16122 of the Welfare and
Institutions Code is amended to read:
16122. (a) It is the intent of the Legislature in enacting this
chapter to provide children who would otherwise remain in long-term
foster care with permanent adoptive homes. It is also the intent of
this Legislature to encourage private adoption agencies to continue
placing these children, and in so doing, to achieve a substantial
savings to the state in foster care costs.
(b) (1) From any funds appropriated for this purpose, the state
shall compensate private adoption agencies licensed pursuant to
Chapter 3 (commencing with Section 1500) of Division 2 of the Health
and Safety Code for costs of placing for adoption children eligible
for Adoption Assistance Program benefits pursuant to Section 16120.
(2) The private adoption agencies shall be compensated for
otherwise unreimbursed costs for the placement of these children in
an amount not to exceed a total of three thousand five hundred
dollars ($3,500) per child adopted. Half of the compensation shall be
paid at the time the adoptive placement agreement is signed. The
remainder shall be paid at the time the adoption petition is granted
by the court. Requests for compensation shall conform to claims
procedures established by the department. This section shall not be
construed to authorize reimbursement to private adoption agencies for
intercountry adoption services.
(c) Effective July 1, 1999, the maximum amount of reimbursement
pursuant to subdivision (b) shall be five thousand dollars ($5,000).
(d) Effective February 1, 2008, the maximum amount of
reimbursement pursuant to subdivision (b) shall be ten thousand
dollars ($10,000). This rate increase shall apply only to those cases
for which the adoptive home study approval occurred on or after July
1, 2007.
(e) Commencing with the budget subcommittee hearings for the
2008-09 fiscal year, the State Department of Social Services shall
review the reimbursement methodology for the program and annually
provide information to the fiscal committees of the Legislature on
all of the following:
(1) The costs and savings, to the extent that these can be
assessed, associated with increasing the reimbursement rate.
(2) Outcome data, including the increased number of adoptive
placements and finalized adoptions, and how these outcomes compare to
prior years.
(3) The progress toward earning federal adoption incentives.
(4) The number of new agencies participating in the placement of
children pursuant to this section.