SB 1013 — Child welfare services: realignment.

Summary

Existing law governs the adoption of unmarried minors. Under existing law, a licensed adoption agency includes both licensed county and private adoption agencies. Further, existing law authorizes the State Department of Social Services to provide adoption services in counties without a county adoption agency. Existing law further prescribes the procedure for adopting a child through an agency or the State Department of Social Services, as well as for independent adoptions. Under existing law, licensed county adoption agencies perform homefinding and placement functions, investigate, examine, and make reports upon petitions for adoption filed in the superior court, act as placement agencies for placing children for adoption, accept relinquishments for adoption, and perform other tasks. This bill would instead provide that county adoption agencies are no longer licensed by the State Department of Social Services, but are instead authorized to perform the above-described functions. The bill would define county adoption agency as one run by a county or consortium of counties. The bill would provide that the adoption procedures currently governing the State Department of Social Services and licensed adoption agencies would also apply to these county adoption agencies, as defined. Existing law governs proceedings to declare a minor a dependent child of the court and sets forth the applicable procedures, including regular review hearings, before a court may order a hearing to terminate parental rights. Existing law further requires specified actions in these proceedings by the agency supervising a child in foster care during dependency proceedings, as well as by the county adoption agency, or the State Department of Social Services when it is acting as an adoption agency in counties without county adoption agencies. Following the termination of parental rights in dependency proceedings, the dependent child may be placed for adoption. This bill would provide that the procedures currently required of the State Department of Social Services, licensed county adoption agencies, and agencies supervising children in foster care during dependency proceedings would apply to county adoption agencies. The bill would also delete references to the department acting as an adoption agency in counties that are not served by county adoption agencies. Existing law requires the State Department of Social Services to encourage adoption agencies to make adoption training programs available to prospective adoptive families. This bill would delete that requirement. Existing law, the California Fostering Connections to Success Act, revises and expands the scope of various programs relating to the provision of cash assistance and other services to and for the benefit of certain foster and adopted children, and other children who have been placed in out-of-home care, including children who receive Aid to Families with Dependent Children-Foster Care (AFDC-FC) , Adoption Assistance Program, California Work Opportunity and Responsibility to Kids (CalWORKs) , and Kinship Guardianship Assistance Payment Program (Kin-GAP) benefits. Among other provisions, the act extends specified foster care benefits to youth up to 19, 20, and 21 years of age, described as nonminor dependents, if specified conditions are met, commencing January 1, 2012. This bill also would make a nonminor dependent, or nonminor former dependent, who has been receiving specified aid, as described above, between January 1, 2012, and December 31, 2012, and who attains 19 years of age prior to January 1, 2013, or between January 1, 2013, and December 31, 2013, who attains 20 years of age prior to January 1, 2014, eligible to continue to receive that aid, notwithstanding the age limitations in existing law, provided that the nonminor dependent or nonminor former dependent continues to meet all other applicable eligibility requirements. This bill would provide that a county is not precluded from seeking federal funding on behalf of eligible nonminor dependents or nonminor former dependents, as described in the bill, for whom the county has provided specified aid using county-only funds, on and after January 1, 2012. Existing law establishes transition jurisdiction for the juvenile court and specifies the criteria required to come within this jurisdiction. Existing law authorizes a nonminor to petition the juvenile court to resume dependency jurisdiction or to assume or resume transition jurisdiction, as specified. This bill would provide that nonminors who are eligible for aid pursuant to the bill also are within the transition jurisdiction of the juvenile court. The bill would impose a state-mandated local program by increasing county duties with respect to programs and services for nonminor dependents. Existing law creates the Local Revenue Fund 2011 in the State Treasury, and creates within the fund the Trial Court Security Account, the Local Community Corrections Account, the Local Law Enforcement Services Account, the Mental Health Account, the District Attorney and Public Defender Account, the Juvenile Justice Account, the Health and Human Services Account, and the Reserve Account. Under existing law, moneys from specified tax sources and other moneys that may be specifically appropriated are required to be deposited in the Local Revenue Fund 2011. The fund is continuously appropriated for designated public safety services, including, but not limited to, the prevention of child abuse, the provision of services to abused, neglected, and exploited children, the provision of services to vulnerable children and their families, and the provision of adult protective services. Existing law prescribes the state share of cost applicable to the child welfare program and the support and care of former dependent children who are wards of related guardians under the Kinship Guardianship Assistance Payment Program (Kin-GAP) . This bill would require funding and expenditures for the child welfare program and Kin-GAP to be consistent with specified provisions relating to the Local Revenue Fund 2011, commencing with the 2011–12 fiscal year, and each fiscal year thereafter. The bill similarly would revise the Independent Living Program for foster youth, and would require county social services departments to submit an annual Independent Living Program Report, including specified components, to the State Department of Social Services, consistent with federal law. By increasing county duties, the bill would impose a state-mandated local program. Under existing law, the state is required to pass on certain federal funds to counties for the provision of child welfare services, except as specified. Existing law prohibits the state from requiring counties to provide matching funds in amounts greater than the amount required of the state by the federal government. This bill would delete the prohibition against the state requiring counties to provide matching funds in excess of the amount required of the state by the federal government. Existing law authorizes the Director of Social Services to enter into an agreement with a tribe, consortium of tribes, or tribal organization, regarding the care and custody of Indian children and jurisdiction over Indian child custody proceedings, under specified circumstances. Pursuant to these agreements, these child welfare activities are delegated to the tribe, consortium of tribes, or tribal organization, which is also required to provide specified matching funds. This bill would specify the share of costs required of the tribe, consortium of tribes, or tribal organization operating a program pursuant to the above agreements. The bill would require any share of costs not specified to be equal to the applicable county share of costs provided for under existing law. Existing law establishes the California Child and Family Service Review System administered by the State Department of Social Services, to review all county child welfare systems, covering, child protective services, foster care, adoption, family preservation, family support, and independent living. This bill would impose a state-mandated local program by requiring counties to be responsible for and accountable to the department for specified child welfare program performance measures, and would specify the duties of the counties and the department in this regard. The bill would require funding and expenditures for the California Child and Family Service Review System to be consistent with specified provisions relating to the Local Revenue Fund 2011, commencing with the 2011–12 fiscal year, and each fiscal year thereafter. This bill would revise State Department of Social Services procedures applicable when the department believes that a county is substantially failing to comply with law or regulation pertaining to any program administered by the department, and when county noncompliance results in a federal disallowance, deferral, or other financial consequence. This bill would revise operational and fiscal requirements applicable to various programs and services relating to foster and adoptive children, including requiring the funding and expenditures for these programs and services to be consistent with specified provisions relating to the Local Revenue Fund 2011, commencing with the 2011-12 fiscal year, and each fiscal year thereafter. These include programs and services relating to the support and care of these children, such as AFDC-FC and Kin-GAP; AFDC-FC performance standards and outcome measures, including with respect to children placed in private for-profit facilities; transitional services, including housing; specialized care increments and clothing allowances; administrative costs; county social worker visits; county "Options for Recovery" programs; community-based kinship support services programs; wraparound services; and child abuse and neglect prevention and intervention programs. The bill would eliminate state participation in clothing allowances commencing with the 2011–12 fiscal year, and would make clothing allowances payable at the county's option, as specified. With respect to foster family agencies, the bill would incorporate the clothing allowance into a revised basic rate, as specified. Existing law establishes the continuously appropriated Transitional Housing for Foster Youth Fund in the State Treasury. This bill would eliminate this fund. Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care, pursuant to prescribed rate schedules. This bill would require the department to establish, in consultation with specified entities, a workgroup to develop recommended revisions to the current AFDC-FC ratesetting system, and would require the workgroup to submit these recommendations to the Legislature by a specified date. Existing law declares the intent of the Legislature to comply with federal law relating to the repayment of federal foster care, adoption assistance, and Kin-GAP overpayments. Existing law requires counties to remit the appropriate amount of federal funds, upon identification of the overpayment. Certain amounts are excluded from the overpayment requirement. This bill would require counties to pay 100% of the cost of the federal overpayments described above, for overpayments identified on and after July 1, 2012, and would authorize the county to retain any funds collected from overpaid providers or recipients after remitting the federal share. Existing law requires every youth who is in foster care and nearing emancipation to be screened by the county for federal Supplemental Security Income (SSI) eligibility, as specified. This bill would revise county procedures with respect to screening foster youth and nonminors in the care of a related caregiver for SSI benefits. Existing law provides for the Adoption Assistance Program (AAP) , to be established and administered by the State Department of Social Services or the county, for the purpose of benefiting children residing in foster homes by providing the stability and security of permanent homes. This bill would require counties, pursuant to a process developed by the department and the County Welfare Directors Association of California, to report to the department on the expenditure of savings realized as a result of maximizing available federal adoption assistance funding, thereby imposing a state-mandated local program. The bill would revise procedures applicable to the adoption of children who are HIV positive, or born to a substance-abusing mother. Existing law declares the intent of the Legislature to provide various services relating to family preservation and support, as specified, in connection with the statewide system of child welfare services. This bill would revise child welfare provisions relating to family preservation and support services, including requiring counties to expend funds for these activities in a manner that will maximize eligibility for financial participation under the federal Promoting Safe and Stable Families program. The bill also would require the State Department of Social Services and the Office of Child Abuse Prevention to provide specified administrative oversight, monitoring, and consultation, to ensure that federal funding is maintained and federal requirements are met. The bill would require family preservation and support services to be consistent with specified provisions relating to the Local Revenue Fund 2011, commencing with the 2011–12 fiscal year and each fiscal year thereafter. The bill would make related technical and conforming changes. Existing law declares that the foundation and central unifying tool in child welfare services is the case plan. Existing law specifies issues to be considered when out-of-home placement is used to attain case plan goals, including selection of the environment best suited to meet the child's special needs and best interests. This bill would revise the selection criteria relating to out-of-home placements. This bill would recast and revise, make technical changes to, and repeal obsolete, provisions relating to child welfare services and programs, including the AFDC-FC program, the Child Welfare Services Case Management System, an advisory committee on therapeutic day services standards, and a workgroup on group care for foster children or youth, and for children with serious emotional disorders. This bill would appropriate $1,000 from the General Fund to the State Department of Social Services. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Bill Text

• Chaptered 06/27/12 - Chaptered Current pdf June 27, 2012
• Enrolled 06/27/12 - Enrolled pdf June 27, 2012
• Amended 06/25/12 - Amended Assembly pdf June 25, 2012
• Introduced 02/06/12 - Introduced pdf February 06, 2012
• SB1013 View text html

Action History

1. June 27, 2012

   Chaptered by Secretary of State. Chapter 35, Statutes of 2012.

2. June 27, 2012

   Approved by the Governor.

3. June 27, 2012

   Enrolled and presented to the Governor at 5:45 p.m.

4. June 27, 2012

   Assembly amendments concurred in. (Ayes 27. Noes 11. Page 4142.) Ordered to engrossing and enrolling.

5. June 27, 2012

   In Senate. Concurrence in Assembly amendments pending.

6. June 27, 2012

   Read third time. Passed. (Ayes 51. Noes 26. Page 5466.) Ordered to the Senate.

7. June 25, 2012

   Ordered to third reading.

8. June 25, 2012

   Withdrawn from committee.

9. June 25, 2012

   Assembly Rule 96 suspended. (Page 5412.)

10. June 25, 2012

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on BUDGET.

11. March 26, 2012

    Referred to Com. on BUDGET.

12. March 22, 2012

    In Assembly. Read first time. Held at Desk.

13. March 22, 2012

    Read third time. Passed. (Ayes 23. Noes 10. Page 2977.) Ordered to the Assembly.

14. March 12, 2012

    Read second time. Ordered to third reading.

15. March 08, 2012

    Ordered to second reading.

16. March 08, 2012

    Withdrawn from committee. (Ayes 24. Noes 14. Page 2916.)

17. February 16, 2012

    Referred to Com. on RLS.

18. February 07, 2012

    From printer. May be acted upon on or after March 8.

19. February 06, 2012

    Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

• Committee on Budget and Fiscal Review · Primary

Votes

Subjects