Bill Text: CA AB1324 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Foster youth: identity theft.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2010-01-14 - Consideration of Governor's veto stricken from file. [AB1324 Detail]

Download: California-2009-AB1324-Amended.html

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BILL NUMBER: AB 1324	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Bass

                        FEBRUARY 27, 2009

    An act to amend Sections 18250, 18251, 18253, 18253.5,
18254, 18255, 18256, and 18256.5 of, and to amend the heading of
Chapter 4 (commencing with Section 18250) of Part 6 of Division 9 of,
the Welfare   An act to amend Section 10618.6 of the
Welfare  and Institutions Code, relating to public social
services.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1324, as amended, Bass.  Children: wrap-around
services.   Foster youth: identity theft.  
   Under existing law, a county welfare department is required to
request a consumer disclosure, pursuant to federal law, on behalf of
a youth in a foster care placement in the county, when the youth
reaches his or her 16th birthday, in order to ascertain whether the
youth has been the victim of identity theft. If the consumer
disclosure reveals any negative items, or evidence that identity
theft has occurred, existing law requires the county welfare
department to refer the youth to an approved organization that
provides services to victims of identity theft. Existing law requires
the department to develop a list of approved organizations for this
purpose, in consultation with the County Welfare Directors
Association and others. 
   This bill would revise the above provisions, to require the county
welfare department to ascertain whether identity theft may have
occurred under the described circumstances. The bill would require
the youth to be referred to a government or nonprofit organization
that provides information and assistance to victims of identity
theft, rather than to an approved counseling organization. 

   Under existing law, the State Department of Social Services
administers a pilot project that authorizes a county to develop and
implement a plan for providing wrap-around services designed to
enable children who would otherwise be placed in a group home setting
to remain in the least restrictive, most family-like setting
possible. The pilot project also imposes specified evaluation and
reporting requirements for participating counties, and training
requirements for staff in participating counties.  
   This bill would remove the designation of this program as a pilot
project and make conforming changes. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 10618.6 of the  
Welfare and Institutions Code   is amended to read: 
   10618.6.  When a youth in a foster care placement reaches his or
her 16th birthday, the county welfare department shall request a
consumer disclosure, pursuant to the free annual disclosure provision
of the federal Fair Credit Reporting Act, on the youth's behalf,
notwithstanding any other provision of law, to ascertain whether or
not identity theft  has   may have 
occurred. If  there is  a  consumer 
disclosure for the youth  exists,  and if the consumer
disclosure reveals any negative items, or any evidence that some form
of identity theft  has   may have 
occurred, the county welfare department shall refer the youth to
 an approved counseling   a governmental or
nonprofit  organization that provides  services
  information and assistance  to victims of
identity theft. The State Department of Social Services, in
consultation with the County Welfare Directors Association, consumer
credit reporting agencies, and other relevant stakeholders, shall
develop a list of  approved  organizations to which
youth may be referred for assistance in responding to an instance of
suspected identity theft. Nothing in this section shall be construed
to require the county welfare department to request more than one
consumer disclosure on behalf of a youth in care, or to take steps
beyond referring the youth to an  approved 
organization. 
  SECTION 1.    The heading of Chapter 4 (commencing
with Section 18250) of Part 6 of Division 9 of the Welfare and
Institutions Code is amended to read:
      CHAPTER 4.  COUNTY WRAP-AROUND SERVICES PROGRAM

 
  SEC. 2.    Section 18250 of the Welfare and
Institutions Code is amended to read:
   18250.  (a) It is the intent of the Legislature that all counties
be authorized to provide children with service alternatives to group
home care through the development of expanded family-based services
programs. These programs shall include individualized or "wrap-around"
services, where services are wrapped around a child living with his
or her birth parent, relative, adoptive parent, licensed or certified
foster parent, or guardian. The wrap-around services developed under
this section shall build on the strengths of each eligible child and
family and be tailored to address their unique and changing needs.
   (b) It is further the intent of the Legislature that the child
wrap-around services program include the following elements:
   (1) Making available to the county the state share of nonfederal
reimbursement for group home placement, minus the state share, if
any, of any concurrent out-of-home placement costs, for children
eligible under this chapter, for the purpose of allowing the county
to develop family-based service alternatives.
   (2) Enabling the county to access all possible sources of federal
funds for the purpose of developing family-based service
alternatives.
   (3) Encouraging collaboration among persons and entities
including, but not limited to, parents, county welfare departments,
county mental health departments, county probation departments,
county health departments, special education local planning agencies,
school districts, and private service providers for the purpose of
planning and providing individualized services for children and their
birth or substitute families.
   (4) Ensuring local community participation in the development and
implementation of wrap-around services by county placing agencies and
service providers.
   (5) Preserving and using the service resources and expertise of
nonprofit providers to develop family-based and community-based
service alternatives.  
  SEC. 3.    Section 18251 of the Welfare and
Institutions Code is amended to read:
   18251.  As used in this chapter:
   (a) "County" means each county participating in an individualized
or "wrap-around" services program.
   (b) "County placing agency" means a county welfare or probation
department, or a county mental health department with respect to
those children placed pursuant to Section 7572.5 of the Government
Code.
   (c) "Eligible child" means a child who is any of the following:
   (1) A child who has been adjudicated as either a dependent or ward
of the juvenile court pursuant to Section 300, 601, or 602 and who
would be placed in a group home licensed by the department at a rate
classification level of 10 or higher.
   (2) A child who would be voluntarily placed in out-of-home care
pursuant to Section 7572.5 of the Government Code.
   (3) A child who is currently, or who would be, placed in a group
home licensed by the department at a rate classification level of 10
or higher.
   (d) "Wrap-around services" means community-based intervention
services that emphasize the strengths of the child and family and
includes the delivery of coordinated, highly individualized
unconditional services to address needs and achieve positive outcomes
in their lives.
   (e) "Service allocation slot" means a specified amount of funds
available to the county to pay for an individualized intensive
wraparound services package for an eligible child. A service
allocation slot may be used for more than one child on a successive
basis.  
  SEC. 4.    Section 18253 of the Welfare and
Institutions Code is amended to read:
   18253.  Each county shall ensure that an evaluation of the
wrap-around services program is conducted to determine the cost- and
treatment effectiveness of outcomes such as family functioning and
social performance, preventing placement in more restrictive
environments, improving emotional and behavioral adjustments, school
attendance, and academic performance for eligible children. Systems
of care outcomes shall be included to the extent they are applicable
to the target population.  
  SEC. 5.    Section 18253.5 of the Welfare and
Institutions Code is amended to read:
   18253.5.  Each county shall ensure that staff participating in the
wrap-around services programs have completed training provided or
approved by the department, on providing individualized wrap-around
services.  
  SEC. 6.    Section 18254 of the Welfare and
Institutions Code is amended to read:
   18254.  (a) Reimbursement rates for wrap-around services programs,
under this chapter, shall be based on the following factors:
   (1) The average cost of rate classification 10 to 11 in each
county, minus the cost of any concurrent out-of-home placement, for
children who are or would be placed in a rate level 10 or 11 group
home.
   (2) The average cost of rate classification 12 to 14 in each
county, minus the cost of any concurrent out-of-home placement, for
children who are or would be placed in a rate level 12 to 14 group
home.
   (b) The annual maximum limit on funding available for the
wrap-around services program authorized by this chapter shall be
based on the average cost, determined pursuant to subdivision (a),
for the number of service allocation slots assigned to each county.
   (c) The department shall reimburse each county, for the purpose of
providing intensive wrap-around services, up to 100 percent of the
state share of nonfederal funds, to be matched by each county's share
of cost as established by law, and to the extent permitted by
federal law, up to 100 percent of the federal funds allocated for
group home placements of eligible children, at the rate authorized
pursuant to subdivision (a).
   (d) State and, to the extent permitted by federal law, federal
foster care funds shall remain with the administrative authority of
the county welfare department, which may enter into an interagency
agreement to transfer those funds, and shall be used to provide
intensive wraparound services.
   (e) General Fund costs for the provision of benefits to eligible
children, at rates authorized by subdivision (a), through the
wrap-around services program authorized by this chapter, shall not
exceed the costs which would otherwise have been incurred had the
eligible children been placed in a group home.  
  SEC. 7.    Section 18255 of the Welfare and
Institutions Code is amended to read:
   18255.  Any county that applies to, and is granted approval, by
the department may implement a wrap-around services program. The
number of service allocation slots assigned to each county shall be
determined by each county and approved by the department. 

  SEC. 8.    Section 18256 of the Welfare and
Institutions Code is amended to read:
   18256.  Each county shall evaluate its wrap-around services
program, prepare periodic evaluations, and submit them to the
appropriate committees of the Legislature and to the department. A
report shall be submitted not later than six months following the
start of the third year of the wrap-around services program. A
subsequent report shall be submitted not later than six months
following the end of the fifth year of the wrap-around services
program. These reports shall assess the effectiveness of the
wrap-around services program authorized by this chapter. The reports
shall include, but need not be limited to, all of the following:
   (a) The effectiveness of the programs in reducing the level of
out-of-home services required, and in reducing the average length of
stay in out-of-home care.
   (b) A comparison of the cost of placement and services for
children in the wrap-around services program with the average cost of
out-of-home placement for the same number of children.
   (c) The effectiveness of the wrap-around services program in
assisting children and families in attaining their service goals.
 
  SEC. 9.    Section 18256.5 of the Welfare and
Institutions Code is amended to read:
   18256.5.  In order to prevent disruption to a child participating
in a wrap-around services program, any county that terminates its
wrap-around services program shall continue to provide to that
participating child all planned services specified in the child's
individualized services plan until his or her case is closed.