BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1521|
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THIRD READING
Bill No: SB 1521
Author: Liu (D)
Amended: 4/10/12
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 7-0, 4/24/12
AYES: Liu, Emmerson, Berryhill, Hancock, Strickland,
Wright, Yee
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/24/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price,
Steinberg
SUBJECT : Child welfare services
SOURCE : Author
DIGEST : This bill revises existing state law to meet the
standards of compliance effectuated with recent changes to
federal law that affect funding for a variety of child
welfare services, as specified.
ANALYSIS :
Existing 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.
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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 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.
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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 of Social Services (DSS), in
consultation with the County Welfare Directors
Association and other advocates, to develop a
comprehensive plan to ensure that 90% 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 AAP 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;
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number of persons trained; and additional information as
deemed necessary by the DSS.
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 (PSSF). 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.
Background
CAPTA . In order to receive federal CAPTA funds, states are
required to submit state plans which meet the requirements
specified under 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 is not
required.
Caseworker visit assurances . Prior federal law enacted
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required 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. Existing 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
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 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 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 costs. P.L. 110-351 required that
states reinvest in child welfare programs any savings of
state funds realized due to increased federal funding.
P.L. 112-34 adds a requirement that states document how
such savings are reinvested.
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. 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 . P.L. 110-351 required that states
provide, in a foster youth's case plan, assurances that the
youth's placement takes into consideration his/her
educational stability. P.L. 112-34 clarifies that these
assurances must be made for each placement of a child, not
merely the first placement. Existing state statute does
not reflect this requirement.
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Credit reports for foster youth . P.L. 112-34 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/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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Annual ongoing costs potentially in excess of $200,000
(General Fund) to the DSS to have county agencies
provide annual credit reports to foster youth age 16 and
older, as specified, and require county welfare
departments and probation departments to provide
assistance in interpreting the consumer credit
disclosure to youth on an annual basis.
Annual ongoing costs of $90,000 (General Fund) to the
DSS to comply with the educational stability
requirements for foster youth pursuant to federal law.
Minor costs to DSS to effectuate the CAPTA and AAP
reporting requirements.
In the absence of the specified changes to current law,
California could be at risk of federal penalties and
loss of federal funds.
CTW:kc 5/25/12 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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