Bill Text: CA AB1375 | 2017-2018 | Regular Session | Amended

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

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Bill Title: Foster care: placements: database.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2017-09-01 - In committee: Held under submission. [AB1375 Detail]

Download: California-2017-AB1375-Amended.html

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Amended  IN  Assembly  May 30, 2017

Amended  IN  Assembly  April 19, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 1375

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Introduced by Assembly Member Dababneh

February 17, 2017

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An act to add Sections 16009 and 16010.7 Section 16009 to the Welfare and Institutions Code, relating to foster care.

LEGISLATIVE COUNSEL'S DIGEST

AB 1375, as amended, Dababneh. Foster care: placements: databases. database.

(1)Existing

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 and to nonminor dependents up to 21 years of age. The program is funded by a combination of federal, state, and county funds.

Existing funds. Existing law generally provides for the placement of foster youth, and provides for the licensure and regulation by the State Department of Social Services of specified facilities that provide care for foster youth, including foster family agencies and short-term residential therapeutic programs.

This bill would require specified AFDC-FC eligible placement settings that provide care to dependent children and youth, nonminor dependents, and wards to provide to the State Department of Social Services a daily census of available beds and a comprehensive listing of the services provided by the placement setting, as specified. The bill would require the department to create and maintain a database on the department’s Internet Web site that would allow county child welfare departments and county probation departments to view the above-mentioned information for the purpose of placing those children, youth, dependents, and wards in AFDC-FC placement settings in the absence of the ability of the county placing agency to timely place the individual in a foster family home or a resource family home.

(2)Existing law requires a county placing agency, as soon as it makes a decision with respect to a placement or a change in placement of a dependent child, but not later than the close of the following business day, to notify the child’s attorney and to provide to the child’s attorney specified information regarding the child.

This bill would require the placing agency, within 10 calendar days of making a change in placement of a dependent child or youth, a nonminor dependent, or a ward, to provide to the State Department of Social Services the reason or reasons for the change in placement. The bill would require the department to create and maintain a database on the department’s Internet Web site that would track monthly the number of, and the reasons for, the changes in placement. By increasing the duties of county placing agencies, this bill would impose a state-mandated local program.

This bill would require the department, on a biannual basis, to review the information obtained from the databases described above database in order to assess for capacity, capacity and the availability of services of the placement settings, and the reasons for changes in placement, settings and would require the department to publicly report on its findings on its Internet Web site. The bill would require the department, after consultation with stakeholders, to issue an all-county letter within 120 days of the effective date of this bill, with specified information about the services in the listing reported by the placement settings and the reasons for changes in placement to be reported by the counties. settings.

(3)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 no reimbursement is required by this act for a specified reason.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 16009 is added to the Welfare and Institutions Code, to read:

16009.

 (a) It is the intent of the Legislature to ensure accessibility and quality care for children and youth with specialized needs who require appropriate placement in certain AFDC-FC eligible placement settings.

(b) This section shall apply only to all of the following AFDC-FC eligible placement settings that provide care to dependent children and youth, nonminor dependents, and wards:

(1) A licensed foster family agency, as described in subdivision (f) of Section 11402.

(2) A short-term residential therapeutic program licensed as a community care facility, as described in subdivision (g) of Section 11402.

(3) A community treatment facility, as described in subdivision (i) of Section 11402.

(4) A community care facility vendored by a regional center, as described in subdivision (j) of Section 11402.

(c) This section shall not apply to a foster family home or a resource family home.

(d) An AFDC-FC eligible placement setting specified in subdivision (b) shall provide the following information to the State Department of Social Services:

(1) A daily census of available beds.

(2) A comprehensive listing of the services provided by the placement setting, including, but not limited to, all of the following, if applicable:

(A) Health and medical services.

(B) Mental health services.

(C) Developmental services.

(D) Culturally and linguistically competent services.

(E) Prenatal, perinatal, and parenting services.

(F) Specialized services for certain populations, including, but not limited to, lesbian, gay, bisexual, or transgender (LGBT) services, substance abuse services, gang prevention services, and addiction prevention services.

(e) The department shall create and maintain a database on the department’s Internet Web site that will allow county child welfare departments and county probation departments to view the information specified in subdivision (d) for the purpose of placing dependent children and youth, nonminor dependents, and wards in the AFDC-FC eligible placement settings specified in subdivision (b) in the absence of the ability of the county placing agency to timely place the individual in a foster family home or a resource family home.

(f) The department shall, on a biannual basis, review the information obtained from the database to assess for capacity and the availability of services of the AFDC-FC eligible placement settings specified in subdivision (b), and shall publicly report on its findings on its Internet Web site.

(g) The department, after consultation with stakeholders, shall issue an all-county letter within 120 days of the effective date of the act adding this section. The all-county letter shall specify which services shall be reported by the AFDC-FC eligible placement settings specified in subdivision (b) in the listing described in paragraph (2) of subdivision (d) and how often those placement settings shall update the listing.

SEC. 2.Section 16010.7 is added to the Welfare and Institutions Code, to read:

16010.7.

(a)Within 10 calendar days of a placing agency making a change in placement of a dependent child or youth, a nonminor dependent, or a ward pursuant to Section 16010.6, the placing agency shall provide to the State Department of Social Services the reason or reasons for the change in placement.

(b)(1)The department shall create and maintain a database on the department’s Internet Web site that will track monthly the number of changes in placement that each county child welfare department or county probation department makes for the month and the reasons for the changes in placement.

(2)Reasons for changes in placement to be reported by the counties shall include, but not be limited to, all of the following:

(A)Lack of appropriate educational services.

(B)Lack of appropriate health and medical services.

(C)Lack of appropriate mental health services.

(D)Lack of appropriate developmental services.

(E)Lack of appropriate culturally and linguistically competent services.

(F)Lack of appropriate prenatal, perinatal, and parenting services.

(G)Lack of appropriate specialized services for certain populations, including, but not limited to, lesbian, gay, bisexual, or transgender (LGBT) services, substance abuse services, gang prevention services, and addiction prevention services.

(c)The department shall, on a biannual basis, review the information obtained from the database to assess the reasons for changes in placement, and shall publicly report on its findings on its Internet Web site, in conjunction with the department’s biannual reports made pursuant to subdivision (f) of Section 16009.

(d)The department, after consultation with stakeholders, shall issue an all-county letter within 120 days of the effective date of the act adding this section. The all-county letter shall specify the reasons for changes in placement to be reported by the counties.

SEC. 3.

To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIII B of the California Constitution.