BILL ANALYSIS �
AB 1878
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Date of Hearing: April 8, 2014
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Mark Stone, Chair
AB 1878 (Stone) - As Amended: March 28, 2014
SUBJECT : Foster care: Information and Data Sharing.
SUMMARY : Implements a number of statutory changes to improve
the sharing and protection of information and data related to
children in foster care. Specifically, this bill :
1)Makes findings and declarations to create a foundation of
information and data sharing and collaboration to improve the
social, educational and health outcomes of children in foster
care.
2)Requires the Child Welfare Council, in consultation with
stakeholders to develop and issue a model Memorandum of
Understanding (MOU) for the sharing of information and data
relating to children in foster care and information and data
sharing best practices for use by local agencies by July 1,
2015.
3)Requires the State Superintendent of Public Instruction (SSPI)
and the Secretary for the Health and Human Services (HHS)
Agency to disseminate the MOU and best practices information
to county child welfare agencies (CWA) and local educational
agencies (LEA) by January 1, 2016.
4)Makes technical changes to allow educational information and
data related to children in foster care to be shared by LEAs
and the California Department of Education (CDE) with the
Department of Social Services (DSS) and CWAs upon request.
5)Requires CDE and DSS to jointly develop a model policy, in
consultation with the Administrative Office of the Courts, the
Department of Health Care Services, education and foster care
advocates, and foster youth organizations, on how LEAs may
govern the use of foster care information and data by
September 1, 2015.
6)Requires LEAs, including charter schools, to adopt a local
foster care information and data sharing policy by January 1,
2016.
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7)Requires CWAs and COEs to annually provide each other the
contact information of the caseworkers who serve children in
foster care and of LEA Foster Youth Services (FYS) liaisons
and education coordinators, respectively.
8)Requires the CWA to notify an LEA's FYS Liaison and Education
Coordinator within two days that a student in foster care will
be enrolled in their school district.
9)Requires CWAs to notify the attorney for a child in foster
care of the contact information for the child's caregiver,
school of enrollment and, if possible, the FYS Liaison and
Education Coordinator.
10)Requires the CWA to enter into California's Child Welfare
Services Case Management System (CWS/CMS) the school and
school district of enrollment, the LEA's FYS Liaison and
Educational Coordinator and the Educational Rights Holder
(ERH) for a child in foster care.
11)Requires a local educational agency's (LEA) Foster Youth
Services (FYS) Liaison to notify educational staff in a timely
manner that a student is in foster care.
12)Requires the case plan for a child in foster care to include
his or her school and school district of enrollment, a
description of the student's educational progress, the
student's attendance, and other relative educational
information deemed relevant by the social worker.
13)Requires CWS/CMS to include the school and school district of
enrollment for a student in foster care and the contact
information of the school district's FYS Liaison and
Educational Services Coordinator.
14)Requires a County Office of Education (COE) FYS Liaison to
work collaboratively with his or her LEA counterparts to
recruit and retain adults to become Educational Rights Holders
(ERH) for foster youth.
15)Requires LEAs to allow ERHs to participate in the education
of the child in foster care for whom they are responsible.
16)Expands foster caregiver training from 12 to 30 hours to
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include increased training on how to provide for the
educational outcomes of children under their care, how to use
trauma-informed care, and understanding confidentiality and
privacy rights and protections.
17)Expands Court Appointed Special Advocate (CASA) training to
include how to monitor a child in foster care's educational
stability and how to perform as an ERH, including
clarification of the court's authority to appoint a CASA as an
ERH.
18)Adds to the list of California Child and Family Services
Review (C-CFSR) System items DSS must annually report to the
Legislature the efforts DSS makes to assist county welfare
agencies and others on information and data sharing.
19)Requires DSS to report as a component of the C-CFSR System an
overview of the process and efforts the department and CWAs
are working collaboratively with other state and local
agencies in sharing information and data to improve the
outcomes of children in foster care.
20)Adds to the list of C-CFSR process guides DSS and CWAs must
report on to include how they work collaboratively with other
state and local agencies to share information and data to
improve outcomes for children in foster care.
21)Adds to the list of items to be included in the state's child
welfare social worker training program how to monitor the
educational stability and progress of a child in foster care
who is under there care, as provided for under the federal
Fostering Connections to Success and Increasing Adoptions Act
of 2008, and how to share information and data for children in
foster care collaboratively with other public agencies serving
the youth.
22)Deletes an obsolete reference to the High Priority Schools
Grant Program.
EXISTING LAW
1)Provides for the protection of pupil educational records under
the federal Family Educational Rights and Privacy Act (FERPA),
which permits access to educational records of students by
specified individuals, the student's parent or the student if
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he or she is 18 years of age or older; by subpoena or court
order; or by appropriate persons in connection with an
emergency if the knowledge of the information is necessary to
protect the health or safety of a pupil or other persons. (20
U.S.C. � 1232g; 34 CFR Part 99)
2)Under FERPA, as recently amended by the Uninterrupted Scholars
Act, additionally permits a pupil's educational records to be
shared with a state or local child welfare agency or tribal
organization's caseworker when that agency or tribal
organization is responsible for the care and supervision of
the child, i.e., a child in foster care. (Section 444(b) of
20 U.S.C. � 1232g; 34 CFR Part 99)
3)Under state law, provides other specified permissions for the
sharing of a pupil's educational records in alignment with
FERPA, which includes educational officials and school
employees, a probation officer, district attorney, or counsel
of record, as specified. (EC 49076)
4)Prohibits the redisclosure of a pupil's educational records,
unless as otherwise specified in FERPA and state law.
(Education Code 49076(a)(3))
5)Permits a school district to participate in an interagency
data information system, as specified. (EC 49076(a)(4)
6)Requires a the social worker for a child in foster care to
include in the youth's case plan information about his or her
educational status, school of enrollment, and any other
information necessary to provide for the youth's educational
outcomes. (W&I Code 16501.1)
7)Requires an LEA to designate a staff person as the educational
liaison for students in foster care to, among other
requirements, ensure and facilitate the student's proper
enrollment and assist in the transferring from one school to
another. (EC 48854.5)
8)Requires CDE and DSS to enter into a MOU to share
disaggregated information for the purpose of identifying
students in foster care and providing a report to the
Legislature and the Governor on the educational outcomes for
pupils in foster care, as specified. (EC 49085)
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9)Permits parents and guardians to be involved in the education
of their children, to be informed by the school, and to
participate in the education of their children, as specified.
(EC 51101)
10)Requires licensed foster parents to undergo a minimum of 12
hours of training, which shall cover a number of components,
as specified, including an overview of the child protective
system, the effects of child abuse and neglect on child
development, positive discipline and the importance of
self-esteem, health issues, and accessing educational
services. (H&S Code 1529.2)
11)Requires a CASA to go through a rigorous training as
established by the Judicial Council, which covers, as
specified, but is not limited to dynamics of child abuse and
neglect, court structure and juvenile laws, social service
systems, rules of evidence and discovery procedures, and child
development. (W&I Code 102)
12)Establishes the C-CFSR System to review CWAs, which covers
foster care, adoption, family preservation, family support,
and independent living, as specified. (W&I Code 10601.2)
13)Establishes the child welfare training program to meet the
needs of county child protective services social workers
assigned emergency response, family maintenance, family
reunification, permanent placement, and adoption
responsibilities. (W&I Code 16200)
14)Establishes as the central unifying tool in CWS the case plan
for a child in foster care, which amongst many other items,
requires the inclusion of information the circumstances that
required CWS involvement, identifies specific services and
goals to provide for the child, and any placements in which
the child lives. (W&I Code 16501.1)
15)Requires the establishment of CWS/CMS, a foster care data
management system, to provide for the effective administration
of the state's CWS. (W&I 16501.5)
FISCAL EFFECT : Unknown.
COMMENTS :
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Sharing information about foster youth : According to
California's CWS Case Management System (CWS/CMS), more than
30,000 children are removed from their homes due to abuse or
neglect each year. At any given time, there are more than
56,000 children in the state's CWS system and 5,000 delinquent
children who are placed under the care of the state's juvenile
probation system.
Although small in comparison to the total number of minors under
the age of 18 in California, children and youth in foster care
represent a unique and important population that is entitled to
and deserves an array of services and supports, including
health, educational, and social services. In order to better
facilitate the provision of services and enhance their
coordination, steps need to be taken to connect the branches of
government and public agencies that provide integral health,
educational, social and other related services for foster youth.
In a recent February 2013 report to Congress, the United States
Government Accountability Office concluded:
The steps the federal government and some states and
localities have taken to provide more seamless and
standardized data exchange promote greater interoperability
across health and human services programs. Advances in
technology, in some locations, have also increasingly
allowed agencies to better manage exactly who has access to
what information. Yet, even with the technology to share
data, state and local agencies may be stymied by
uncertainties regarding what can or cannot be shared
consistent with the myriad of privacy laws and requirements
that affect the delivery of human services. Absent more
explicit clarification on what data sharing is permitted
under these requirements, as well as specific examples and
tools related to how some states and localities are
actually sharing data in new ways while fully maintaining
client privacy protections, other state and local agencies
may be stalled in their efforts.<1>
---------------------------
<1> HUMAN SERVICES - "Sustained and Coordinated Efforts Could
Facilitate Data Sharing While Protecting Privacy," United States
Government Accountability Office Report to Congressional
Requesters. February 2013
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Additionally, in May 2009 the California Blue Ribbon Commission
on Children in Foster Care released its Final Report and Action
Plan titled "Fostering a New Future for California's Children."
In this report, the commission made the following finding and
recommendation relating to the sharing of foster care
information:
One of the greatest challenges to reforming the juvenile
dependency and foster care systems is the difficulty of
exchanging data and information among courts and their
partner agencies. The difficulty results from a variety of
factors, including confidentiality laws, and in many
instances the way in which they are interpreted and
implemented; automated case management systems that are
unable to communicate with each other; and a lack of
communication and collaboration among agencies and between
agencies and the courts.
Key Recommendation
The Judicial Council, trial courts, and the California
Department of Social Services should work cooperatively
with all departments, agencies, and other stakeholders to
ensure optimal sharing of information to promote
decision-making that supports the well-being of children
and families in the child welfare system.<2>
Challenges of children in foster care : It is an unfortunate
reality that children in foster care face many more challenges,
and are often at greater risk than their peers, when it comes to
their physical and social-emotional developmental, and health
and educational outcomes. Often removed from their home due to
abuse, neglect, or abandonment, children who are placed into
foster care face substantial challenges, ranging from coming to
terms with why they were removed from their parents' custody, to
adapting to life in foster care and preparing for what life will
be like when they exit California's child welfare services (CWS)
system.
Children and youth in foster care represent some of the most
vulnerable populations in California, and are less likely to
---------------------------
<2> "Fostering a New Future for California's Children: Ensuring
Every Child a Safe, Secure and Permanent Home," Final Report and
Action Plan. California Blue Ribbon Commission on Children in
Foster Care. May 2009
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graduate from high school, are more likely to face economic
hardships while in foster care and later in life, are more
likely to have negative encounters with law enforcement, and
oftentimes are in greater need of medical and mental health
services. In a recent report released by the Stuart Foundation,
nearly 75% of children and youth in foster care remain in foster
care for two or more years and will experience three or more
placements during that time.<3> Furthermore, when compared with
non-foster youth of similar demographic risk factors, such as
socio-economic disadvantage or disabilities, foster youth are
more likely to be enrolled in lower performing schools, more
likely to perform below grade level, and are at a greater risk
of dropping out of high school.
The health outcomes for foster youth are equally challenging.
According to the Children's Partnership:
Children in foster care are three to six times more likely
than those in the general population to have significant
psychological or behavioral problems. They are also more
likely to suffer from a range of acute and chronic physical
health problems. And, significant numbers experience
frequent upper respiratory infections, dermatologic
disorders, dental caries, and malnutrition.<4>
These challenges faced by children and youth in foster care fall
into the hands of the state, as it is the state that is
responsible for playing the role of "parent" while the foster
youth remains a dependent or ward of the court. However,
instead of having one or two adults serving as a child's parent,
there are often ten or more individuals who are involved in the
life of a child in foster care, each with their own important
yet separate roles and responsibilities related to children in
care. The individuals who make decisions regarding a foster
child's care can include:
---------------------------
<3> Frerer, Kristine et al, "At Greater Risk: California Foster
Youth and the Path from High School to College," Stuart
Foundation. Page 7.
<4> Morrow, Beth, "Electronic Information Exchange: Elements
that Matter for Children in Foster Care," The Children's
Partnership and the State Policy Advocacy and Reform Center.
Page 1.
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1.Juvenile Court Judge - Responsible for determining whether a
child should or should not be ruled a dependent or ward of the
state and makes decisions in the best interest of the child
while he or she is in foster care based upon recommendations
of the social worker assigned to the child.
2.Minor - Depending on the age of the child, and the matter
being discussed, the child can express his or her wishes
before the court and make decisions on his or her own behalf.
3.Minor's Counsel - Appointed by the court, unless otherwise
hired by the minor, the minor's counsel represents the foster
youth in court and assists him or her in obtaining necessary
support services.
4.Parent(s) - Depending on the ruling of the court, a child's
biological parent may retain some portion of his or her "care,
custody, and control" rights, which may include the ability to
make educational and medical decisions on behalf of the child.
5.Parent's Counsel - Either appointed by the court or hired by
the parent, the parent's counsel represents the child's
parent(s) in court and assists the parent(s) in navigating the
legal process and addressing the reasons for removal of the
child, and when appropriate, resolving why the child was
removed from the home.
6.Court Appointed Special Advocate (CASA) for children -
Appointed by the court, the CASA is a volunteer advocate who
speaks on behalf of the child before the court to ensure that
the court's actions and the appointed services and programs,
including the minor's counsel, are acting in the child's best
interest.
7.Social Worker/Caseworker or Probation Officer - Assigned by
the responsible CWS agency or probation department, the social
worker or probation officer is responsible for overseeing the
child's out-of-home placement, coordinating services,
maintaining necessary records, and acting as the main point of
contact for the child in foster care.
8.Educational Rights Holder - In cases where the parent has
their educational decision making rights removed, the court
can appoint a person, other than the CASA or social
worker/probation officer, to make educational decisions for
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the child. This can include acting on behalf of the child in
making special education decisions, e.g., Individualized
Education Program (IEP) development.
9.Foster Parent or Legal Guardian - A foster parent is a
licensed provider under the California Community Care
Facilities Act, who operates a foster family home or group
home in which a child in foster care is placed. A foster
parent can become the legal guardian of a child placed under
his or her care, which can include the right to make
educational and medical decisions on behalf of the child.
10.Surrogate Parent - When the court has not appointed an
educational rights holder and either the parent no longer has
authority to make educational decisions on behalf of a child
or the parent cannot be located, a school district, for
purposes of providing special education services to a pupil,
may appoint a surrogate parent to stand in as the parent to
make special education decisions for the pupil, whether or not
they are in foster care.
11.Medical Provider or Physician - Current law requires every
child taken into temporary custody to undergo a physical exam
by a licensed medical physician. Based upon observational
assessments and other medical exams, the physician provides
treatment to the child, upon receiving consent, and makes
recommendations to the social worker or probation officer to
be relayed to the court for the approval and provision of
future services, as necessary. This can include mental health
and substance abuse treatment.
12.Guardian ad litem - Appointed by the court, a guardian ad
litem is typically a relative or other close individual, such
as the minor's counsel, who can make decisions on behalf of
the child, depending on the child's age.
13.Educational Agency
1. FYS Educational Coordinator and Foster Youth Liaison -
Typically one school district staff person responsible for
coordinating school-level support services for all
identified pupils in foster care, and communicating and
collaborating with other agencies, such as the CWS agency
or probation department, in assisting and coordinating
services for the child in foster care.
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2. Administrators and Teachers - Responsible for the
academic instruction and achievement outcomes of pupils in
foster care, they often work with the FYS Coordinator
and/or Foster Youth Liaison to provide individualized
educational instruction, counseling and support services
for pupils in foster care.
The large number of entities represented in this cadre of
well-meaning and important individuals presents substantial
challenges in how services and programs are coordinated to serve
children in foster care. They represent different branches of
government and multiple state and local agencies, all with the
intention of facilitating positive outcomes of foster youth.
However, all parties come with their own federal, state or local
confidentiality and privacy protection requirements. This
creates challenges and barriers to programmatic collaboration
and service coordination, as each entity is limited in how it
can share information and what type of information can be shared
with the other entities.
It can also limit access to important and accurate records for a
foster youth, especially when the youth emancipates from foster
care or enters into extended foster care as a nonminor
dependent. However, the confidentiality and privacy of foster
youth is of paramount importance. The sharing of information to
better coordinate services is of great benefit to children and
youth in foster care, but it should not be conducted at the
sacrifice of a foster youth's personal identity or put the youth
at greater risk of identity theft or other abuses of personal or
sensitive information.
Laws and policies both enable and inhibit the sharing of
information and data : Under current federal and state law,
there are numerous acts that have been established to provide
for the sharing of specific information, but only under certain
circumstances. These include the Health Insurance Portability
and Accountability Act (HIPAA), the California Confidentiality
Medical Information Act (CMIA), evidentiary privilege enumerated
in the Evidence Code, the federal Family Educational Rights and
Privacy Act (FERPA), and others. Although they provide
mechanisms to enable sharing of information and data, each is
limited in their own way and can create conflicts that result in
limitations on the sharing of information and data. Still, it
is important to ensure that any changes that are made to develop
a culture of communication with regard to foster care
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information and data are supportive of, and positively interact
with, existing law where appropriate.
Need for this bill : Stating the need for the bill, the author
writes:
We know from numerous reports and studies that youth in
foster care face many more challenges and obstacles than
other comparable peer groups. Foster youth are more likely
to face mental health challenges due to the trauma of being
removed from their home because of abuse and neglect; they
are more likely to drop out and experience some form of
substance abuse in their lifetime; and they are more likely
to be incarcerated than their peers. In many cases,
readily accessible services could avert many of these
circumstances from occurring with the simple ability of
those agencies and individuals responsible for providing
care to foster youth being able to share information
effectively.
Last year, the Assembly Human Services Committee held a
series of informational hearings to learn about and explore
the efforts state and local child welfare, educational, and
probation agencies have taken, in coordination with child
welfare advocates and the public, to facilitate the
connection of data for children in foster care to improve
their social, economic, health and educational outcomes.
It was also the purpose of the hearings to solicit and hear
specific recommendations on the statutory, administrative,
and cultural changes needed to make the sharing of
information and data to improve outcomes for children in
foster care a reality.
From these hearings it became clear that it is in the
state's best interest to enhance information and data
sharing among agencies that serve children in foster care
in order to improve their educational and socio-economic
outcomes. Having established a foundation upon which
public agencies, foster youth, stakeholders, and the public
agree that the sharing of foster care information and data
is a priority and is needed; this bill takes the consensus
recommendations provided in committee and lays out the
necessary steps to make foster care information and data
sharing a reality while protecting the individual privacy
and identity of youth in foster care.
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DOUBLE REFERRAL . This bill has been double-referred. Should
this bill pass out of this committee, it will be referred to the
Assembly Committee on Education.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
None on file.
Analysis Prepared by : Chris Reefe / HUM. S. / (916) 319-2089