BILL ANALYSIS �
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THIRD READING
Bill No: AB 1089
Author: Ian Calderon (D), et al.
Amended: 8/4/14 in Senate
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 4-0, 6/10/14
AYES: Beall, DeSaulnier, Liu, Wyland
NO VOTE RECORDED: Berryhill
SENATE APPROPRIATIONS COMMITTEE : 5-0, 8/14/14
AYES: De Le�n, Hill, Lara, Padilla, Steinberg
NO VOTE RECORDED: Walters, Gaines
ASSEMBLY FLOOR : 72-0, 5/24/13 - See last page for vote
SUBJECT : Foster care
SOURCE : Author
DIGEST : This bill specifies the processes and timelines to be
followed by regional centers when a regional center consumer who
is in foster care is moved between regional center catchment
areas.
ANALYSIS :
Existing law:
1. Establishes that a child shall be within the jurisdiction of
the juvenile court, in foster care, when the child has
CONTINUED
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suffered, or is of substantial risk of suffering, serious
physical harm or illness as a result, as specified.
2. Establishes that, in all cases in which a minor is adjudged a
dependent child of the court as specified, the court may
limit parental control over a foster child and requires the
court to clearly and specifically set forth those
limitations. Provides that such limitations may not exceed
those necessary to protect the child.
3. Establishes the state Department of Developmental Services
(DDS) to administer the Lanterman Developmental Disabilities
Act, which entitles individuals with developmental
disabilities to community services and supports.
4. Establishes the Early Intervention program, based on federal
statute, for infants and toddlers with a developmental delay,
as specified, and defines the responsibilities of DDS and the
California Department of Education (CDE) to care for these
children.
5. Requires the regional centers to secure appropriate services
and supports, as identified in an Individual Program Plan
(IPP), and to give the highest preference to those services
and supports which allows minors to live with their families
and adults to live as independently as possible within the
community, as specified.
6. Requires that if a consumer is or has been determined to be
eligible for services by a regional center, he/she also shall
be considered eligible by any other regional center if he/she
has moved to another location within the state, and defines
transfer protocols for transfers between regional centers.
7. Requires that if the services and supports identified in a
consumer's IPP do not exist in the new regional center
catchment area, the new regional center shall convene a
meeting to develop a new IPP within 30 days.
This bill
1. Requires the county social worker or probation officer to
notify a regional center of the relocation of a foster youth.
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2. Requires the sending regional center to provide notification
and specified information to the receiving regional center.
3. Requires the receiving regional center to coordinate with the
sending regional center.
4. Requires the sending regional center to attempt to initiate
appropriate services in the receiving regional center's
catchment area.
5. Requires notification to the court, the county, and the
consumer's developmental services decision maker if services
have not been initiated within 30 days.
6. Specifies the notification requirements on the regional
centers.
Background
Regional Centers . California's 21 nonprofit regional centers
are part of a system of care for individuals with developmental
disabilities that are overseen by DDS. The state is responsible
for overall coordination of services and supports for more than
275,000 individuals who receive services in their communities,
and another 1,275 who currently reside in developmental centers.
California statute defines a developmental disability as a
substantial disability that originates before the age of 18 and
continues, or can be expected to continue, indefinitely, such as
intellectual disabilities, cerebral palsy, epilepsy and autism.
Foster Children . In California, children may enter the foster
care system for a variety of circumstances that permit a
juvenile court to find clear and convincing evidence that there
is substantial danger to the health, safety, protection or
physical and emotional well-being of a child. There were 61,020
children in foster care in California, as of January 1, 2014, an
increase of about 5,000 children from a year earlier. Of those,
approximately 11,750 children were younger than age 3, and
another 9,370 children were between ages three and five -
combined these young age groups are one-third of all children in
foster care.
Data from the Center for Social Services Research at the
University of California at Berkeley on Placement Stability
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showed that more than half of foster children experience at
least two relocations within the first year of placement.
Overlapping populations . According to DDS, approximately 1,650
foster children were receiving regional center services, and 339
children younger than age three were receiving services from
regional centers.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Increased administrative costs to the regional centers up to
$200,000 per year for increased coordination between regional
centers and with vendors (General Fund and federal funds).
According to DDS, there are about 70 regional center consumers
who are in foster care and move between regional center
catchment areas per year. If regional center staff spends, on
average, one week coordinating with other regional centers and
vendors, total statewide administrative costs would be about
$200,000.
Minor additional costs for services provided to foster youth
(General Fund and federal funds). By increasing coordination
between regional centers and vendors, this bill is likely to
reduce or eliminate gaps in the provision of service to foster
youth who move between regional center catchment areas. Given
the small number of foster youth who move between catchment
areas each year, the regional centers are likely to experience
increased costs between $5,000 and $20,000 per year, depending
on how quickly foster youth are connected with new service
providers.
Minor administrative costs for county welfare agencies to
provide notifications to regional centers when a foster child
will move between catchment areas (local funds or General
Fund).
SUPPORT : (Verified 8/18/14)
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Alliance for Children's Rights
Arc and United Cerebral Palsy California Collaboration
Bellows Consulting
California Alliance of Child and Family Services
California CASA Association
California SEIU, Developmental Disabilities Council
California Speech-Language-Hearing Association
Center for Juvenile Law and Policy at Loyola Law School
Children Now
Coalition of California Welfare Rights Organizations, Inc.
County Welfare Directors Association
Disability Rights California
Disability Rights Education and Defense Fund
Disability Rights Legal Center
East Bay Children's Law Offices
Goodman and Bhutani, LLP
Junior Leagues of California State Public Affairs Committee
(SPAC)
Legal Services for Children
Mount Diablo Unified School District, Foster Youth Services
National Center for Youth Law
Public Counsel Law Center
Redwood Children's Services
Seneca Family Agencies
Special Needs Network
State Council on Developmental Disabilities
University of San Diego School of Law, Children's Advocacy
Institute
Woodland Community College Foster & Kinship Care Education
Youth Law Center
Zero to Three
OPPOSITION : (Verified 8/18/14)
Association of Regional Center Agencies
Eastern Los Angles Regional Center
North Los Angeles County Regional Center
San Gabriel Pomona Regional Center
ARGUMENTS IN SUPPORT : The California Alliance of Child and
Family Services write that this bill will ensure that foster
children do not suffer unnecessary and detrimental delays in
services by creating uniform procedure regarding the transfer of
cases between regional centers. "Foster youth often move
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suddenly and lack an advocate or consistent caregiver who can
navigate the smooth transfer of supports and services - the very
things that increase placement stability for these vulnerable
youth."
The California Welfare Directors Association writes that this
bill requires the county to notify the regional center when a
child is moved. "Today there is not a formal notification
process, though counties often have identified liaisons with
their regional centers to make the transfer process go more
smoothly. It makes sense to have this notification requirement
set forth in statute to use as a starting point for the time
frames for the transition of services."
ARGUMENTS IN OPPOSITION : The Association of Regional Center
Agencies writes that regional centers agree that certain
populations, foster children included, require special attention
in the case transfer process, but ARCA does not believe that the
current structure of and lack of dedicated funding in this bill
will lead to improved outcomes in these cases. "Strict
timelines for service initiation have the potential to deny
foster children the opportunity to be connected to the most
appropriate service provider rather than the one that happens to
be available. In order to promote placement stability, foster
families need the opportunity to choose from among the best
providers."
ASSEMBLY FLOOR : 72-0, 5/24/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bradford, Brown, Buchanan,
Ian Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell, Gray,
Hagman, Hall, Harkey, Roger Hern�ndez, Jones, Jones-Sawyer,
Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor,
Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel
P�rez, Quirk, Quirk-Silva, Rendon, Salas, Stone, Ting, Wagner,
Weber, Wieckowski, Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Bonta, Grove, Holden, Skinner, Waldron, Wilk,
Vacancy, Vacancy
JL:d 8/18/14 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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