BILL ANALYSIS                                                                                                                                                                                                    �






                                  SENATE HUMAN
                               SERVICES COMMITTEE
                            Senator Jim Beall, Chair


          BILL NO:       AB 2061                                      
          A
          AUTHOR:        Chau                                         
          B
          VERSION:       June 10, 2014
          HEARING DATE:  June 24, 2014                                
          2
          FISCAL:        Yes                                          
          0
                                                                      
          6
          CONSULTANT:    Mareva Brown                                 
          1

                                        

                                     SUBJECT
                                         
           Child welfare services: families experiencing homelessness

                                     SUMMARY  

          This bill requires the California Department of Social  
          Services (CDSS) to include innovative, evidence-based  
          strategies in the federal Title IV-E waiver capped  
          allocation demonstration project to achieve supportive  
          housing, rapid rehousing, and permanent housing, as  
          described, for families that include a child placed in  
          foster care, who are receiving child welfare services, and  
          who are experiencing homelessness. These strategies would  
          be included in the waiver, subject to federal approval.

                                     ABSTRACT  

           Existing law:
           
          1)Requires CDSS and county welfare departments to maintain  
            a system of child welfare services to serve the needs of  
            children who are alleged to be abused or neglected, to  
            reduce the necessity for removing these children from  

                                                         Continued---




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            their homes, to encourage speedy reunification of  
            families when it can be safely accomplished, and to  
            locate permanent homes and families for children who  
            cannot return to their biological families. (WIC 300 et  
            seq., WIC 16500)
                
          2)Requires the state to seek federal funds to assist in  
            financing public programs including federal Title IV-E  
            funds, and requires in federal law that states shall  
            provide a plan, comply with federal directives and  
            collect relevant data, in order to receive Title IV-E  
            federal payments for foster care and adoption assistance.  
            (42 USC � 671) (WIC 16500.8)

          3)Authorizes CDSS to conduct a demonstration project in up  
            to 20 counties, based on the terms of a federal Title  
            IV-E waiver, to allow flexible use of federal and state  
            foster care funds by using a federal capped allocation  
            model over a 5-year period. (WIC 18260)

          4)Requires that any county, state, or federal savings in  
            the foster care program that occur as a result of the  
            demonstration project must be reinvested by counties in  
            child welfare services program improvements. Requires  
            foster care savings to be used to support the counties in  
            developing a broader and more responsive array of  
            services to improve outcomes for children and families.  
            Permits any unexpended state and federal funds may be  
            retained by each county for expenditure in subsequent  
            fiscal years for purposes consistent with this section.  
            (WIC 18260 (b))

          5)Defines a standard of habitability for rental dwellings.  
            (CIV 1941)

           This bill:
           
          1)Makes various Legislative findings and declarations  
            including that homelessness and housing instability  
            interfere with the reunification of children in foster  
            care with birth families, and that as many as 30 percent  
            of children in foster care who cannot be reunited with  
            birth families could be reunited if the family were able  
            to access a safe place to live.






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          2)Creates a new section in Welfare and Institutions Code  
            requiring CDSS, subject to federal approval, to include  
            innovative, evidence-based strategies in the federal  
            Title IV-E waiver capped allocation demonstration project  
            to assist families that include a child placed in foster  
            care, who are receiving child welfare services, and who  
            are experiencing homelessness to achieve the following:

               a.     Supportive housing, including housing with no  
                 limit on length of stay, that is occupied by the  
                 target population, and that is linked to onsite or  
                 offsite services that assist the supportive housing  
                 resident in retaining the housing, improving his or  
                 her health status, and maximizing his or her ability  
                 to live and, when possible, work in the community.
               b.     Rapid rehousing, including assistance that  
                 enables an individual or family experiencing  
                 homelessness to be quickly stabilized and housed in  
                 permanent housing affordable to the individual or  
                 family.
               c.     Permanent housing, including housing without a  
                 limit on the length of stay that meets the standards  
                 of Section 1941.1 of the Civil Code.
                                         
                                 FISCAL IMPACT 

          This version of the bill has not been analyzed by a fiscal  
          committee.

                            BACKGROUND AND DISCUSSION  

           Purpose of the bill:
           
          According to the author, homelessness and housing  
          instability interfere with the reunification of children in  
          foster care with their birth families. Nearly one-half of  
          children in foster care have birth parents with a history  
          of homelessness and as many as 30 percent of children in  
          foster care who are not eligible for reunification with  
          their birth families could be reunited if the family were  
          able to access a safe place to live.  

          The author states that counties receiving Title IV-E  
          waivers from the federal government are allowed to use  
          evidence-based strategies on alternative services that  





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          promote safety, permanency and well-being for children.    
          CDSS is currently negotiating a waiver of Title IV-E funds,  
          typically used to pay for foster care placement, with the  
          federal government. This waiver would allow participating  
          counties to use foster care placement funds more flexibly,  
          to pay for innovations that keep children with their  
          families and allow children placed in foster care to be  
          reunited with their families. AB 2061 would direct CDSS to  
          include evidence-based housing strategies in their Title  
          IV-E Waiver application.

           Foster care 
           
          Slightly more than 61,000 children were in California's  
          foster care system as of January 1, 2014, according to data  
          compiled and reported by the Center for Social Services  
          Research at U.C. Berkeley.  In California, CDSS oversees a  
          county-administered child welfare services system which  
          responded to approximately 40,000 reports of abuse, neglect  
          or exploitation in 2012. Children whose care is overseen by  
          the child welfare system are alleged to be abused or  
          neglected. 

          The goal of the child welfare system, when possible, is to  
          reunite the child with the parent by providing training,  
          support and services to the parent. The reunification  
          process requires the courts to facilitate frequent visits  
          between the child and biological parent and, in some cases,  
          permits parents to retain some decision-making about the  
          child's life.

           Housing
           
          According to a report released in February 2014 by the  
          California Housing Partnership Corporation, there are not  
          enough homes in the private housing market available to  
          low- and moderate-income households. The report noted a  
          shortfall of more than 950,000 homes available to the  
          state's lowest income families.<1> The shortfall is  
          particularly acute in the rental housing market, typically  
          the last resort for lower-income families, many of whom  
          were forced out of single-family homes during the Great  
          -------------------------
          <1>  
          http://www.chpc.net/dnld/CHPCHousingNeedReport020814FINAL.pd 
          f




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          Recession and have little chance of becoming homeowners in  
          the near future, according to the report. It indicated that  
          median rents in California increased by more than 20  
          percent from 2000 to 2012, while the median income dropped  
          by 8 percent.

                                     COMMENTS

           The original version of this bill established a Housing  
          Program for Homeless Families Receiving Child Welfare  
          Services and sought $3 million to fund four-year grants to  
          counties. Eligible families under the bill would have been  
          homeless or had been homeless in the last year, voluntarily  
          agreed to participate in the program, and would be  
          receiving child welfare and family reunification services.  
          However, the appropriation was stripped in the Assembly  
          Appropriations Committee and the author instead sought to  
          focus efforts through counties participating in the federal  
          IV-E demonstration project. 

          The current version of the bill requires CDSS to include  
          innovative, evidence-based housing strategies in the  
          federal Title IV-E waiver capped allocation demonstration  
          project to assist families that include a child placed in  
          foster care, who are receiving child welfare services. 

          However, negotiations with the federal government around  
          specific goals of the demonstration projects already have  
          resolved most of the program's design. The state's request  
          to extend the current Title IV-E Waiver Demonstration  
          Project was sent to the federal Administration for Children  
          and Families on March 29, 2013. At this point, the author  
          instead wishes to use this bill to encourage the state and  
          counties to consider including housing in the flexible  
          funding strategy for families for whom homelessness is  
          preventing reunification with their children when the  
          renegotiates the waiver in future years. Counties may  
          currently include housing in their flexible funding  
          strategies, as appropriate to meet the goals of the  
          program. 

          Staff therefore recommends the following amendments:
          
          18262.
          The department ,   subject to federal approval  , shall  





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           encourage participating counties to consider use of   include   
          innovative, evidence-based strategies  in the   with the  
          optional portion of their  federal Title IV-E waiver capped  
          allocation demonstration project pursuant to Section 18260  
          to assist families that include a child placed in foster  
          care, who are receiving child welfare services, and who are  
          experiencing homelessness to achieve the following.


                                   PRIOR VOTES  

          Assembly Floor      64 - 6
          Assembly Appropriations  12 - 0
          Assembly Human Services    5 - 0

                                         
                                   POSITIONS  

          Support:       Children Now
                         Corporation for Supportive Housing
                         County Welfare Directors Association
                         Housing California

          Oppose:   None received.



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