BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de Le�n, Chair


          AB 2001 (Ammiano) - Homeless youth: child welfare services.
          
          Amended: July 2, 2014           Policy Vote: JUD 6-0; HS 4-0
          Urgency: No                     Mandate: Yes
          Hearing Date: August 4, 2014                            
          Consultant: Jolie Onodera       
          
          This bill meets the criteria for referral to the Suspense File.


          Bill Summary: AB 2001 would:
           Require the Department of Social Services (DSS) to establish a  
            working group to develop policy and practice recommendations  
            to ensure that homeless, unaccompanied minors have access to  
            appropriate placements and services through the state's child  
            welfare system.
           Authorize one or more waiver counties to establish a pilot  
            program to develop and implement alternative child welfare  
            services (CWS) to meet the individual needs of homeless youth.
           Require the DSS to conduct an evaluation of the pilot programs  
            and submit the evaluation results to the Legislature no later  
            than January 1, 2019.
           State the Legislature's intent that law enforcement agencies  
            work with local child protective services (CPS) agencies to  
            identify the appropriate placement for homeless youth,  
            including placement in a homeless youth shelter, as specified.
           Require a social worker to interview a minor who is in a  
            runaway and homeless youth shelter or any other community care  
            facility, as defined, and requires the commencement of  
            juvenile court proceedings within five judicial days in  
            specified cases.
           Require a county child welfare agency, upon temporary  
            placement of a homeless youth in a homeless youth shelter, to  
            provide case management services, identify appropriate  
            long-term housing placement opportunities and wraparound  
            services for the youth, and make a recommendation as to  
            whether the youth should continue to receive long-term  
            intensive support services, as specified.
           Requires the DSS in consultation with the County Welfare  
            Directors Association (CWDA) to develop specified standards  
            and criteria for the pilot program by March 31, 2015.









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          Fiscal Impact: 
           One-time significant costs potentially in excess of $300,000  
            (General Fund) to DSS to conduct the workgroup, develop policy  
            recommendations, report to the Legislature, develop pilot  
            standards and criteria, and evaluate the pilot.
           Ongoing potentially major state costs (General Fund)* for  
            increased county social worker activities, including  
            interviews, assessments, and services to homeless youth in  
            runaway and homeless youth shelters or other community care  
            facilities. For every ten percent (20,000) of the estimated  
            200,000 youth under the age of 18 estimated to be homeless  
            each year that require an interview, costs for a 30-minute  
            interview would cost in excess of $700,000.  
           Potentially significant state-reimbursable costs (General  
            Fund) for local law enforcement agencies to work with county  
            and local CPS agencies to identify the appropriate placement  
            for youth who come to the attention of law enforcement because  
            they are homeless. Although the pilot is optional for county  
            child welfare services departments, the mandate on law  
            enforcement agencies to work with local CPS agencies is not.  
           Unknown, potentially major costs to pilot counties to provide  
            alternative long-term intensive support services to homeless  
            youth such as wrap around services, case management services,  
            including permanent housing, independent living skills, and  
            workforce training opportunities.
          
          *Pursuant to Proposition 30 (November 2012) any legislation  
          enacted after September 30, 2012, that has an overall effect of  
          increasing the costs already borne by a local agency for  
          programs or levels of service mandated by realignment (including  
          child welfare services) only apply to local agencies to the  
          extent that the state provides annual funding for the cost  
          increase. 

          Background: Existing law provides that unless certain exceptions  
          apply, the primary objective of the juvenile dependency system  
          is reunification of the minor with his or her family, and the  
          court must order the social worker to provide services to  
          reunify children legally removed from a parent.

          Under existing law, a child is within the jurisdiction of the  
          court when he or she has suffered, or is at a substantial risk  
          of suffering, serious abuse, or neglect, including:
                 The failure or inability of his or her parent or  








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               guardian to adequately supervise or protect the child.
                 The willful or negligent failure of the parent or  
               guardian to provide the child with adequate food, clothing,  
               shelter, of medical treatment, or
                 The inability of the parent or guardian to provide  
               regular care for the child due to the parent's or  
               guardian's mental illness, developmental disability, or  
               substance abuse.

          This bill would provide that a child residing in a runaway and  
          homeless youth shelter, as defined, may come within the  
          jurisdiction of the court, despite having access to temporary  
          shelter, and seeks to better provide services and protection to  
          homeless minors through the child welfare system and would  
          create a pilot program and a work group to develop  
          recommendations and policies to better support healthy youth  
          development.
          
          Proposed Law: This bill would provide that a child who resides  
          in a runaway and homeless youth shelter, as defined, may be  
          found to come within the jurisdiction of the juvenile court if  
          the that finding is supported by other evidence of abuse or  
          neglect. In addition, this bill:
                 Requires a social worker to interview a child in a  
               runaway and homeless youth shelter, and provides that if  
               the social worker employs team decision making or a similar  
               process to determine whether to commence juvenile court  
               proceedings in a case involving a child at least 12 years  
               old, the process shall include the child, as well as  
               individuals the child identifies as important to him or  
               her.
                  Requires the DSS to establish a working group to  
               develop policy and practice recommendations regarding  
               necessary changes to both policy and practice, to ensure  
               that homeless, unaccompanied minors have timely, reliable  
               access to appropriate placements and services trough CWS.
                 Provides for specified questions for the working group  
               to consider in developing the recommendations.
                 Requires the working group to meet no later than April  
               1, 2015, and submit a report of the recommendations to the  
               Legislature no later than January 1, 2016.
                 Authorizes counties participating in the Title IV-E  
               waiver capped allocation demonstration project to establish  
               a pilot program, with the approval of DSS, to develop and  








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               implement alternative child welfare services to meet the  
               individual needs of homeless youth in order to reduce  
               homelessness among children.
                 Provides that each pilot program shall conclude no later  
               than July 1, 2019.
                 Provides that each pilot program may include methods for  
               the identification of homeless youth for purposes of  
               temporary placement into a licensed homeless youth shelter.
                 Requires the DSS to conduct an evaluation of the pilot  
               programs and submit the evaluation results to the  
               Legislature no later than January 1, 2019.
                 States legislative intent that local law enforcement  
               agencies work with county and local child protective  
               service agencies to identify the appropriate placement,  
               including placement in a homeless youth shelter.
                 Upon temporary placement into a homeless youth shelter,  
               requires the county child welfare agency to provide case  
               management services, identify appropriate long-term housing  
               placement opportunities and wraparound services for the  
               youth, and make a recommendation as to whether the youth  
               should continue to receive long-term intensive support  
               services, as specified.
                 Requires the DSS in consultation with the County Welfare  
               Directors Association (CWDA) to develop specified standards  
               and criteria for the pilot program by March 31, 2015.
          
          Staff Comments: The provisions of this bill will result in  
          significant one-time costs for the DSS to conduct a workgroup to  
          develop policy recommendations regarding necessary changes to  
          both policy and practice, to ensure that homeless, unaccompanied  
          minors have timely, reliable access to appropriate placements  
          and services through California's child welfare system.

          The DSS will incur additional costs to develop standards and  
          criteria for the pilot program in consultation with CWDA by  
          March 31, 2015 (within three months of the effective date of  
          this bill). The costs to evaluate the pilot program(s) developed  
          to implement alternative child welfare services to meet the  
          individual needs of homeless youth will be dependent on the  
          number of participating counties and the number of homeless  
          youth served in those counties during the pilot period. 

          By requiring social workers to conduct interviews of youth in  
          runaway and homeless youth shelters and other community care  








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          facilities, this bill creates a state-mandated local program  
          that could require a subvention of funds from the state as  
          specified under Proposition 30 (2012). For every ten percent  
          (20,000) of the estimated 200,000 youth under the age of 18  
          estimated to be homeless each year that require an interview,  
          costs for a 30-minute interview would cost in excess of  
          $700,000. This bill also requires, with regard to an application  
          by a person to commence juvenile court proceedings, the court to  
          either affirm a decision by a social worker or order him or her  
          to commence juvenile proceedings within five judicial days. This  
          timeframe places additional workload pressure on social workers  
          to be prepared to commence juvenile court proceedings within  
          five days.

          Prior to Fiscal Year (FY) 2011-12, the state and counties  
          contributed to the non-federal share of various social service  
          programs. AB 118 (Committee on Budget) Chapter 40/2011 and ABX1  
          16 Chapter 13/2011 realigned state funding to the counties  
          through the 2011 Local Revenue Fund (LRF) for various programs,  
          including foster care and child welfare services. As a result,  
          beginning in FY 2011-12 and for each fiscal year thereafter,  
          non-federal funding and expenditures for these activities  
          including foster care and child welfare services are funded  
          through the LRF.
          
          Proposition 30, passed by the voters in November 2012, among  
          other provisions, eliminated any potential mandate funding  
          liability for any new program or higher level of service  
          provided by counties related to the realigned programs. Although  
          the provisions of this bill are a mandate on social workers, any  
          increased costs would not appear to be subject to reimbursement  
          by the state. Rather, Proposition 30 specifies that for  
          legislation enacted after September 30, 2012, that has an  
          overall effect of increasing the costs already borne by a local  
          agency for realigned programs, the provisions shall apply to  
          local agencies only to the extent that the state provides annual  
          funding for the cost increase.  

          By mandating that local law enforcement agencies work with  
          county and local CPS agencies to identify the appropriate  
          placement for youth who come to the attention of law enforcement  
          because they are homeless, this bill imposes a state-mandated  
          local program, the cost of which could be determined by the  
          Commission on State Mandates to be reimbursable by the state.  








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          Although the pilot is optional for county child welfare services  
          departments, the mandate on law enforcement agencies to work  
          with local CPS agencies is not.  
          
          Recommended Amendments: This bill requires amendments to avoid  
          chaptering out a specified provision in WIC � 300 enacted by SB  
          855 (Committee on Budget and Fiscal Review) Chapter 29/2014, the  
          Human Services budget trailer bill.