BILL ANALYSIS �
SENATE HUMAN
SERVICES COMMITTEE
Senator Carol Liu, Chair
BILL NO: SB 1521
S
AUTHOR: Liu
B
VERSION: April 10, 2012
HEARING DATE: April 24, 2012
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FISCAL: Yes
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CONSULTANT: Sara Rogers
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SUBJECT
Child welfare services
SUMMARY
Provides that reunification services need not be provided
to the parent or guardian of a dependent of the court when
the court finds that the parent or guardian has been
required to register on a sex offender registry pursuant to
federal law. Makes clarifying and federal conformity
changes to current statute requiring credit checks for
emancipating foster youth. Requires counties to document
and report on how savings attributable to federal changes
to the Adoption Assistance Program are spent. Requires
that assessments of training programs serving county child
protective services social workers include specified
information. Clarifies that educational stability of
foster youth must be ensured for each new placement.
Pursuant to federal requirements, effective October 1,
2014, requires that 95% of children in foster care be
visited each month and that effective October 1, 2011, 50%
of the total caseworker visits shall occur in the child's
home. Adds certain services to the allowable services
provided under the Promoting Safe and Stable Families
Continued---
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program.
ABSTRACT
Current law
1.Establishes the circumstances of abuse and neglect under
which a minor is within the jurisdiction of the juvenile
court which may adjudge the minor to be a dependent child
of the court.
2.Provides that whenever a child is removed from a parent's
or guardian's custody, the juvenile court shall order the
social worker to provide child welfare services to the
child and the child's mother, father or guardians.
3.Requires the provision of family reunification services,
as specified, except in certain circumstances related to
the safety and well-being of the child.
4.Under federal law, establishes the Adam Walsh Child
Protection and Safety Act of 2006 and the Child Abuse
Prevention and Treatment Act (CAPTA) which create
national sex offender registries and provide funding to
states for child abuse prevention, investigation,
prosecution, and treatment.
5.Under the federal CAPTA Reauthorization Act of 2010,
requires that states have a mechanism in place to ensure
that reunification of a dependent child is not required
with a parent who is a registered sex offender.
6.Requires a county welfare department to request a free
annual credit check available under the Fair Credit
Reporting Act on a foster youth's behalf to ascertain
whether identity theft has occurred.
7.Provides that if evidence of identity theft exists, the
county welfare department shall refer the youth to an
approved counseling organization providing identity theft
services.
8.Establishes the Adoption Assistance Program (AAP) which
provides financial assistance to families who are willing
and able to assume parental responsibility for children
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but are prevented from doing so by inadequate financial
resources.
9.Under federal law, enacts the Fostering Connections to
Success and Increasing Adoptions Act of 2008 which, over
a period of 10 years, removes the income limits used to
determine family eligibility for AAP thus reducing state
share of cost for previously ineligible families.
Requires states to spend savings on child welfare
activities.
10.Requires a foster care case plan to ensure the
educational stability of the child while in foster care
by taking the proximity to the child's school into
account when determining the placement and by enabling
the child to remain enrolled in the same school if
appropriate.
11.Requires the department, in consultation with the County
Welfare Directors Association and other advocates, to
develop a comprehensive plan to ensure that 90 percent of
foster children are visited by their caseworkers each
month and that the majority of the visits occur in the
residence of the child.
This bill
1.Provides that reunification services need not be provided
to the parent or guardian of a dependent of the court
when the court finds that the parent or guardian has been
required to register on a sex offender registry pursuant
to the Adam Walsh Child Protection and Safety Act of
2006.
2.Makes clarifying and federal conformity changes to
current statute requiring credit report disclosures be
provided to emancipating foster youth. Specifically,
this bill requires that following the child's 16th
birthday credit disclosures shall be requested each year
and that the county social worker or probation officer
shall ensure that the dependent child receives assistance
with interpreting the credit disclosure.
3.Requires counties to document and report on how savings
attributable to federal changes to the Adoption
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Assistance Program are spent in accordance with federal
requirements.
4.Requires that assessments of training programs serving
county child protective services social workers include
certain workforce data information including education,
qualifications and demographics of social workers; number
of persons trained; and additional information as deemed
necessary by the department.
5.Clarifies that foster care case plans include educational
stability assurances, as specified, for each new
placement instead of only assuring it for the initial
placement. Specifically, case plans must include an
assurance that each placement takes into account the
appropriateness of the current educational setting and
the proximity to the school the child was enrolled in at
the time of placement; and an assurance that the
placement agency has coordinated with the person making
educational decisions for the child and the local
educational agencies to ensure that the child remains in
the school in which the child is enrolled at the time of
placement.
6.Effective October 1, 2014, implements new federal law
requiring that 95% of children in foster care be visited
each month and effective October 1, 2011 that 50% of the
total caseworker visits occur in the child's home.
7.Adds certain services to the allowable reunification
services provided to a child in foster care and to their
parents or guardians under the Promoting Safe and Stable
Families program. Specifically, the added services are
peer to peer mentoring and support groups for parents and
primary caregivers, as well as services and activities to
facilitate access to and visitation of children with
parents and siblings.
FISCAL IMPACT
This bill has not been analyzed by a fiscal committee.
BACKGROUND AND DISCUSSION
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Purpose of the bill
According to the author, the federal government has
recently enacted a number of changes to federal law which
require corresponding changes to state statute in order to
ensure the uninterrupted flow of federal funding to the
state's child welfare services.
According to the Department of Social Services, these
changes to federal law are necessary for California to come
into compliance with several recent changes to federal law
that affect funding for a variety of child welfare
services. The federal government places conditions on the
continued receipt of funding. Failure to comply with those
conditions would result in the possible loss of this
funding.
Child Abuse Prevention and Treatment Act (CAPTA)
In order to receive federal CAPTA funds, states are
required to submit state plans which meet the requirements
specified in the federal law. California receives
approximately $3 million in CAPTA funds annually. The CAPTA
Reauthorization Act of 2010 (Public Law (P.L. 111-320)
added a requirement that states have a mechanism in place
to ensure that reunification of a dependent child with a
parent who is a registered sex offender (RSO) is not
required. This requirement is aimed at states in which
reunification is automatic under certain circumstances.
However, in California, reunification is always at the
discretion of the court; therefore, in practice, California
already complies with this requirement. A statutory change
explicitly reflecting this compliance is needed merely to
satisfy the requirements of the CAPTA state plan.
Caseworker Visit Assurances
Prior federal law enacted in 2006 (P.L. 109-288) imposed a
requirement that 90% of children in care be visited monthly
by their caseworker and prescribed fiscal penalties for
failing to meet this requirement. It also required states
to develop a plan to meet the requirement. Current state
statute reflects these threshold and plan requirements.
California has been penalized by the federal government for
failing to meet this threshold for the past two years. The
Child and Family Services Improvement and Innovation Act of
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2011 (P.L. 112-34) raised the caseworker visit requirement
from 90% to 95%, effective in October 2014, and added a
requirement (also effective in October 2014) that 50% of
all such visits be in the child's home.
Documentation of Adoption Assistance Program (AAP) Savings
As a result of the federal Fostering Connections to Success
and Increasing Adoptions Act of 2008 (P.L. 110-351), the
practice of determining eligibility for AAP funding by the
use of 1996 Aid to Families with Dependent Children income
limits (the "AFDC look-back") is being phased out,
resulting in increasing numbers of children who are
eligible for federal AAP funding and thus reducing the
state-only share of this cost. P.L. 110-351 required that
states reinvest in child welfare programs any savings of
state funds realized due to increased federal funding. The
Child and Family Services Improvement and Innovation Act of
2011 (P.L. 112-34) adds a requirement that states document
how such savings are reinvested.
Promoting Safe and Stable Families Program (PSSF)
PSSF provides approximately $33 million annually for
counties to offer services aimed at either preventing the
removal of children from their families, or ensuring
permanency for children who have been removed. The Child
and Family Services Improvement and Innovation Act of 2011
(P.L. 112-34) expanded the services eligible for this
federal funding to include mentoring services. Because
state statute implementing PSSF duplicates federal
definitions regarding services, changes need to be made to
reflect the current definitions.
Educational Stability
The Fostering Connections to Success and Increasing
Adoptions Act of 2008 required that states provide, in a
foster youth's case plan, assurances that the youth's
placement takes into consideration his or her educational
stability. The Child and Family Services Improvement and
Innovation Act of 2011 makes clear that these assurances
must be made for each placement of a child, not merely the
first placement. Current California statute does not
reflect this requirement.
Credit Reports for Foster Youth
Child and Family Services Improvement and Innovation Act of
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2011 enacted a requirement that each foster youth age 16
and older receive an annual consumer credit report until
juvenile court jurisdiction is terminated, and that the
youth receive assistance in interpreting and resolving any
inaccuracies in his or her credit report. Current state
statute contains a similar requirement; however, this
statute does not fully meet the requirements of federal
law, and its implementation has been delayed until July,
2013, beyond the date by which the federal requirement must
be met.
POSITIONS
Support: None received
Oppose: None received
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