BILL NUMBER: SB 1432 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 26, 2012
AMENDED IN SENATE APRIL 16, 2012
INTRODUCED BY Senator Steinberg
FEBRUARY 24, 2012
An act to amend Section 10601.2 of the Welfare and Institutions
Code, relating to child and family welfare.
LEGISLATIVE COUNSEL'S DIGEST
SB 1432, as amended, Steinberg. 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 provide that representatives of the State
Department of Mental Health and the Department of Child Support
Services are no longer required to participate in the workgroup.
This bill would require, by March
January 1, 2013, that the workgroup reconvene, and, by
April 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 and develop those outcome indicators and
analyses for inclusion in the workplan, if necessary . The
bill would require 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
Committee on Budget, the Senate Committee on Budget and Fiscal
Review, 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.
Vote: majority. Appropriation: no. Fiscal committee: 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)
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) 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) 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 January 15 , 2013, the
workgroup shall reconvene and, by April 1, 2013,
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
and shall develop those indicators and analyses for inclusion in
the California Child and Family Service Review System workplan, if
necessary . 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 and early intervention
efforts, including, but not limited to, all of the
following: and any changes to outcomes that may be the
result of realignment of child welfare programs and services.
(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
Committee on Budget, the Senate 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).
(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 outcome indicators determined by the workgroup
.
(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,
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.