Bill Text: CA AB2001 | 2013-2014 | Regular Session | Amended
Bill Title: Homeless youth: child welfare services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2014-08-14 - In committee: Held under submission. [AB2001 Detail]
Download: California-2013-AB2001-Amended.html
BILL NUMBER: AB 2001 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 2, 2014
AMENDED IN SENATE JUNE 11, 2014
AMENDED IN SENATE JUNE 5, 2014
AMENDED IN ASSEMBLY APRIL 22, 2014
INTRODUCED BY Assembly Member Ammiano
FEBRUARY 20, 2014
An act to amend Sections 300, 328, 329, and 331
of, to add Section 16510 to, and to add and repeal Section 18265 of,
the Welfare and Institutions Code, relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2001, as amended, Ammiano. Homeless youth: child welfare
services.
Existing law provides that a child may come within the
jurisdiction of the juvenile court and become a dependent child of
the court in certain cases, including when the child has suffered, or
is at substantial risk of suffering, serious physical harm or
illness as a result of the willful or negligent failure of the parent
or guardian to provide the child with adequate food, clothing,
shelter, or medical treatment. Existing law prohibits the court,
however, from finding that a child is within the jurisdiction of the
juvenile court solely due to the lack of an emergency shelter for the
family.
This bill would provide that a child residing in a runaway and
homeless youth shelter may be found to be within the jurisdiction of
the juvenile court, despite having access to temporary
shelter if that finding is supported by other evidence
of abuse or neglect .
Existing law requires a social worker who has cause to believe
that a child has been abused or neglected to immediately conduct an
investigation to determine whether child welfare services should be
offered to the family and whether proceedings in the juvenile court
should be commenced. As part of that investigation, existing law
requires the social worker to interview the child if he or she is 4
years of age or older and is in a foster home, juvenile hall, or
other custodial facility.
This bill would additionally require the social worker to
interview a child who has requested child welfare services
or the commencement of juvenile court proceedings is
in a runaway and homeless youth shelter or community care
facility as part of that investigation . The bill would also
require that if the a social worker
who employs team decisionmaking or a similar process to
determine whether to commence juvenile court proceedings in a case
in which a child, involving a child who is
12 years of age or older, has requested child welfare
services, the process include the child, to include
the child in the process, as well as individuals the child
identifies as important to him or her.
Existing law also requires the social worker, if a person has
applied to the social worker to commence proceedings in the juvenile
court, to either file a petition in the juvenile court or decide not
to proceed further, as specified, within 3 weeks after the
application is made. Under existing law, if the social worker fails
to file a petition within 3 weeks, the person making the application
may apply to the juvenile court to review the social worker's
decision.
This bill would require the social worker, if the
application has been filed by the child who is alleged to come within
the jurisdiction of the juvenile court, to file a petition in the
juvenile court or decide not to proceed further within 5 days after
the application, and to immediately notify the applicant of the
action taken. The bill would also require the juvenile
court , if the social worker fails to file a petition within
5 days and the applicant applies to the court for review of this
decision, to either affirm the decision of the social
worker or order him or her to commence juvenile court proceedings
within 5 judicial days.
By imposing these additional duties on county social workers, this
bill would impose a state-mandated local program.
Existing law provides for a system of child welfare services
administered by each county, with oversight by the State Department
of Social Services.
This bill would require the department, in consultation with
various entities, to establish a working group to make policy and
practice recommendations to the Legislature to ensure that homeless,
unaccompanied minors have timely, reliable access to appropriate
placements and services through the state's child welfare system. The
bill would require the working group to meet no later than April 1,
2015, and to report is its
recommendations to the Legislature on or before January 1, 2016.
Existing law creates the Aid to Families with Dependent
Children-Foster Care program, under which a combination of state,
county, and federal funds, including funds provided under Title IV-E
of the federal Social Security Act, are used to provide reimbursement
to families and facilities providing foster care to eligible
children. Existing law establishes the Child Welfare Waiver
Demonstration Project Federal Title IV-E waiver capped
allocation demonstration project , which authorizes the State
Department of Social Services to conduct a specified foster care
demonstration project in up to 20 counties, to allow flexible use of
federal and state foster care funds, as specified, based on the terms
and conditions of the federal Title IV-E waiver.
Existing law establishes homeless youth emergency service pilot
projects in the Counties of Los Angeles, Santa Clara, and San Diego,
and the City and County of San Francisco. Existing law declares that
the purpose of these projects is to examine the condition of homeless
youth in major urban areas of this state, and to develop a profile
of homeless youth in terms of background and available services, in
order to locate these youth, to provide for their emergency survival
needs, and to assist them in reunification with their parents or in
finding a suitable home.
This bill would authorize one or more counties that participate in
the Child Welfare Waiver Demonstration Project
Federal Title IV-E waiver capped allocation demonstration
project to establish a pilot program, with the approval of the
State Department of Social Services, to develop and implement
alternative child welfare services to meet the individual needs of
homeless youth in order to reduce homelessness among children, and
would require each pilot program to conclude no later than July 1,
2019, and would repeal these provisions on January 1, 2020. The bill
would authorize each participating county to use Title IV-E
funds and state foster care funds to provide long-term
intensive support services to meet the needs of homeless youth,
including, among other things, temporary placement in a licensed
homeless youth shelter or other age-appropriate placement for 45 days
with an extension of 15 days per approval of the county child
welfare agency.
This bill would require the county child welfare agency, upon
temporary placement of a homeless youth into a homeless youth
shelter, to provide case management services, to identify appropriate
long-term housing placement opportunities and wraparound services
for the youth, including placement in a certified transitional
housing plus program, and to make a recommendation as to whether the
youth should continue to receive long-term intensive support services
through the pilot program or whether a petition should be filed to
adjudicate the youth to be a dependent child of the court.
This bill would require the State Department of Social Services
to, among other things, conduct an evaluation of the pilot program to
determine the effectiveness of the program, and would require the
department to submit to the Legislature, no later than January 1,
2019, the results of its evaluation of the program, together with its
recommendation as to whether the program should be continued.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature to provide a path
for homeless youth to receive independent living skill and homeless
services from homeless youth shelters and child welfare service
agencies under the Title IV-E of the Social Security Act (42 U.S.C.
Sec. 671 et seq.) Child Welfare Waiver Demonstration Project by
establishing a pilot program for the purpose of developing and
implementing alternative child welfare services that are directed
toward the individual needs of homeless youth in order to reduce
homelessness among children.
SEC. 2. Section 300 of the Welfare and
Institutions Code is amended to read:
300. Any child who comes within any of the following descriptions
is within the jurisdiction of the juvenile court which may adjudge
that person to be a dependent child of the court:
(a) The child has suffered, or there is a substantial risk that
the child will suffer, serious physical harm inflicted
nonaccidentally upon the child by the child's parent or guardian. For
the purposes of this subdivision, a court may find there is a
substantial risk of serious future injury based on the manner in
which a less serious injury was inflicted, a history of repeated
inflictions of injuries on the child or the child's siblings, or a
combination of these and other actions by the parent or guardian
which indicate the child is at risk of serious physical harm. For
purposes of this subdivision, "serious physical harm" does not
include reasonable and age-appropriate spanking to the buttocks where
there is no evidence of serious physical injury.
(b) The child has suffered, or there is a substantial risk that
the child will suffer, serious physical harm or illness, as a result
of the failure or inability of his or her parent or guardian to
adequately supervise or protect the child, or the willful or
negligent failure of the child's parent or guardian to adequately
supervise or protect the child from the conduct of the custodian with
whom the child has been left, or by the willful or negligent failure
of the parent or guardian to provide the child with adequate food,
clothing, shelter, or medical treatment, or by 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. A child residing in a runaway and homeless youth
shelter as defined in Section 1052.35 of the Health and Safety Code
may be found to be a person described in this subdivision, despite
having access to temporary shelter. However, no child shall be found
to be a person described by this subdivision solely due to the lack
of an emergency shelter for the family. Whenever it is alleged that a
child comes within the jurisdiction of the court on the basis of the
parent's or guardian's willful failure to provide adequate medical
treatment or specific decision to provide spiritual treatment through
prayer, the court shall give deference to the parent's or guardian's
medical treatment, nontreatment, or spiritual treatment through
prayer alone in accordance with the tenets and practices of a
recognized church or religious denomination, by an accredited
practitioner thereof, and shall not assume jurisdiction unless
necessary to protect the child from suffering serious physical harm
or illness. In making its determination, the court shall consider (1)
the nature of the treatment proposed by the parent or guardian, (2)
the risks to the child posed by the course of treatment or
nontreatment proposed by the parent or guardian, (3) the risk, if
any, of the course of treatment being proposed by the petitioning
agency, and (4) the likely success of the courses of treatment or
nontreatment proposed by the parent or guardian and agency. The child
shall continue to be a dependent child pursuant to this subdivision
only so long as is necessary to protect the child from risk of
suffering serious physical harm or illness.
(c) The child is suffering serious emotional damage, or is at
substantial risk of suffering serious emotional damage, evidenced by
severe anxiety, depression, withdrawal, or untoward aggressive
behavior toward self or others, as a result of the conduct of the
parent or guardian or who has no parent or guardian capable of
providing appropriate care. No child shall be found to be a person
described by this subdivision if the willful failure of the parent or
guardian to provide adequate mental health treatment is based on a
sincerely held religious belief and if a less intrusive judicial
intervention is available.
(d) The child has been sexually abused, or there is a substantial
risk that the child will be sexually abused, as defined in Section
11165.1 of the Penal Code, by his or her parent or guardian or a
member of his or her household, or the parent or guardian has failed
to adequately protect the child from sexual abuse when the parent or
guardian knew or reasonably should have known that the child was in
danger of sexual abuse.
(e) The child is under the age of five years and has suffered
severe physical abuse by a parent, or by any person known by the
parent, if the parent knew or reasonably should have known that the
person was physically abusing the child. For the purposes of this
subdivision, "severe physical abuse" means any of the following: any
single act of abuse which causes physical trauma of sufficient
severity that, if left untreated, would cause permanent physical
disfigurement, permanent physical disability, or death; any single
act of sexual abuse which causes significant bleeding, deep bruising,
or significant external or internal swelling; or more than one act
of physical abuse, each of which causes bleeding, deep bruising,
significant external or internal swelling, bone fracture, or
unconsciousness; or the willful, prolonged failure to provide
adequate food. A child may not be removed from the physical custody
of his or her parent or guardian on the basis of a finding of severe
physical abuse unless the social worker has made an allegation of
severe physical abuse pursuant to Section 332.
(f) The child's parent or guardian caused the death of another
child through abuse or neglect.
(g) The child has been left without any provision for support;
physical custody of the child has been voluntarily surrendered
pursuant to Section 1255.7 of the Health and Safety Code and the
child has not been reclaimed within the 14-day period specified in
subdivision (e) of that section; the child's parent has been
incarcerated or institutionalized and cannot arrange for the care of
the child; or a relative or other adult custodian with whom the child
resides or has been left is unwilling or unable to provide care or
support for the child, the whereabouts of the parent are unknown, and
reasonable efforts to locate the parent have been unsuccessful.
(h) The child has been freed for adoption by one or both parents
for 12 months by either relinquishment or termination of parental
rights or an adoption petition has not been granted.
(i) The child has been subjected to an act or acts of cruelty by
the parent or guardian or a member of his or her household, or the
parent or guardian has failed to adequately protect the child from an
act or acts of cruelty when the parent or guardian knew or
reasonably should have known that the child was in danger of being
subjected to an act or acts of cruelty.
(j) The child's sibling has been abused or neglected, as defined
in subdivision (a), (b), (d), (e), or (i), and there is a substantial
risk that the child will be abused or neglected, as defined in those
subdivisions. The court shall consider the circumstances surrounding
the abuse or neglect of the sibling, the age and gender of each
child, the nature of the abuse or neglect of the sibling, the mental
condition of the parent or guardian, and any other factors the court
considers probative in determining whether there is a substantial
risk to the child.
It is the intent of the Legislature that nothing in this section
disrupt the family unnecessarily or intrude inappropriately into
family life, prohibit the use of reasonable methods of parental
discipline, or prescribe a particular method of parenting. Further,
nothing in this section is intended to limit the offering of
voluntary services to those families in need of assistance but who do
not come within the descriptions of this section. To the extent that
savings accrue to the state from child welfare services funding
obtained as a result of the enactment of the act that enacted this
section, those savings shall be used to promote services which
support family maintenance and family reunification plans, such as
client transportation, out-of-home respite care, parenting training,
and the provision of temporary or emergency in-home caretakers and
persons teaching and demonstrating homemaking skills. The Legislature
further declares that a physical disability, such as blindness or
deafness, is no bar to the raising of happy and well-adjusted
children and that a court's determination pursuant to this section
shall center upon whether a parent's disability prevents him or her
from exercising care and control. The Legislature further declares
that a child whose parent has been adjudged a dependent child of the
court pursuant to this section shall not be considered to be at risk
of abuse or neglect solely because of the age, dependent status, or
foster care status of the parent.
As used in this section, "guardian" means the legal guardian of
the child.
SEC. 2. Section 300 of the Welfare and
Institutions Code is amended to read:
300. Any child who comes within any of the following descriptions
is within the jurisdiction of the juvenile court which may adjudge
that person to be a dependent child of the court:
(a) The child has suffered, or there is a substantial risk that
the child will suffer, serious physical harm inflicted
nonaccidentally upon the child by the child's parent or guardian. For
the purposes of this subdivision, a court may find there is a
substantial risk of serious future injury based on the manner in
which a less serious injury was inflicted, a history of repeated
inflictions of injuries on the child or the child's siblings, or a
combination of these and other actions by the parent or guardian
which indicate the child is at risk of serious physical harm. For
purposes of this subdivision, "serious physical harm" does not
include reasonable and age-appropriate spanking to the buttocks where
there is no evidence of serious physical injury.
(b) The child has suffered, or there is a substantial risk that
the child will suffer, serious physical harm or illness, as a result
of the failure or inability of his or her parent or guardian to
adequately supervise or protect the child, or the willful or
negligent failure of the child's parent or guardian to adequately
supervise or protect the child from the conduct of the custodian with
whom the child has been left, or by the willful or negligent failure
of the parent or guardian to provide the child with adequate food,
clothing, shelter, or medical treatment, or by 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. No child shall be found to be a person described by
this subdivision solely due to the lack of an emergency shelter for
the family. A child who resides in a runaway and homeless youth
shelter, as described in Section 1502.35 of the Health and Safety
Code, may be found to be a person described by this subdivision if
that finding is supported by other evidence of abuse or neglect.
Whenever it is alleged that a child comes within the
jurisdiction of the court on the basis of the parent's or guardian's
willful failure to provide adequate medical treatment or specific
decision to provide spiritual treatment through prayer, the court
shall give deference to the parent's or guardian's medical treatment,
nontreatment, or spiritual treatment through prayer alone in
accordance with the tenets and practices of a recognized church or
religious denomination, by an accredited practitioner thereof, and
shall not assume jurisdiction unless necessary to protect the child
from suffering serious physical harm or illness. In making its
determination, the court shall consider (1) the nature of the
treatment proposed by the parent or guardian, (2) the risks to the
child posed by the course of treatment or nontreatment proposed by
the parent or guardian, (3) the risk, if any, of the course of
treatment being proposed by the petitioning agency, and (4) the
likely success of the courses of treatment or nontreatment proposed
by the parent or guardian and agency. The child shall continue to be
a dependent child pursuant to this subdivision only so long as is
necessary to protect the child from risk of suffering serious
physical harm or illness.
(c) The child is suffering serious emotional damage, or is at
substantial risk of suffering serious emotional damage, evidenced by
severe anxiety, depression, withdrawal, or untoward aggressive
behavior toward self or others, as a result of the conduct of the
parent or guardian or who has no parent or guardian capable of
providing appropriate care. No child shall be found to be a person
described by this subdivision if the willful failure of the parent or
guardian to provide adequate mental health treatment is based on a
sincerely held religious belief and if a less intrusive judicial
intervention is available.
(d) The child has been sexually abused, or there is a substantial
risk that the child will be sexually abused, as defined in Section
11165.1 of the Penal Code, by his or her parent or guardian or a
member of his or her household, or the parent or guardian has failed
to adequately protect the child from sexual abuse when the parent or
guardian knew or reasonably should have known that the child was in
danger of sexual abuse.
(e) The child is under the age of five years and has suffered
severe physical abuse by a parent, or by any person known by the
parent, if the parent knew or reasonably should have known that the
person was physically abusing the child. For the purposes of this
subdivision, "severe physical abuse" means any of the following: any
single act of abuse which causes physical trauma of sufficient
severity that, if left untreated, would cause permanent physical
disfigurement, permanent physical disability, or death; any single
act of sexual abuse which causes significant bleeding, deep bruising,
or significant external or internal swelling; or more than one act
of physical abuse, each of which causes bleeding, deep bruising,
significant external or internal swelling, bone fracture, or
unconsciousness; or the willful, prolonged failure to provide
adequate food. A child may not be removed from the physical custody
of his or her parent or guardian on the basis of a finding of severe
physical abuse unless the social worker has made an allegation of
severe physical abuse pursuant to Section 332.
(f) The child's parent or guardian caused the death of another
child through abuse or neglect.
(g) The child has been left without any provision for support;
physical custody of the child has been voluntarily surrendered
pursuant to Section 1255.7 of the Health and Safety Code and the
child has not been reclaimed within the 14-day period specified in
subdivision (e) of that section; the child's parent has been
incarcerated or institutionalized and cannot arrange for the care of
the child; or a relative or other adult custodian with whom the child
resides or has been left is unwilling or unable to provide care or
support for the child, the whereabouts of the parent are unknown, and
reasonable efforts to locate the parent have been unsuccessful.
(h) The child has been freed for adoption by one or both parents
for 12 months by either relinquishment or termination of parental
rights or an adoption petition has not been granted.
(i) The child has been subjected to an act or acts of cruelty by
the parent or guardian or a member of his or her household, or the
parent or guardian has failed to adequately protect the child from an
act or acts of cruelty when the parent or guardian knew or
reasonably should have known that the child was in danger of being
subjected to an act or acts of cruelty.
(j) The child's sibling has been abused or neglected, as defined
in subdivision (a), (b), (d), (e), or (i), and there is a substantial
risk that the child will be abused or neglected, as defined in those
subdivisions. The court shall consider the circumstances surrounding
the abuse or neglect of the sibling, the age and gender of each
child, the nature of the abuse or neglect of the sibling, the mental
condition of the parent or guardian, and any other factors the court
considers probative in determining whether there is a substantial
risk to the child.
It is the intent of the Legislature that nothing in this section
disrupt the family unnecessarily or intrude inappropriately into
family life, prohibit the use of reasonable methods of parental
discipline, or prescribe a particular method of parenting. Further,
nothing in this section is intended to limit the offering of
voluntary services to those families in need of assistance but who do
not come within the descriptions of this section. To the extent that
savings accrue to the state from child welfare services funding
obtained as a result of the enactment of the act that enacted this
section, those savings shall be used to promote services which
support family maintenance and family reunification plans, such as
client transportation, out-of-home respite care, parenting training,
and the provision of temporary or emergency in-home caretakers and
persons teaching and demonstrating homemaking skills. The Legislature
further declares that a physical disability, such as blindness or
deafness, is no bar to the raising of happy and well-adjusted
children and that a court's determination pursuant to this section
shall center upon whether a parent's disability prevents him or her
from exercising care and control. The Legislature further declares
that a child whose parent has been adjudged a dependent child of the
court pursuant to this section shall not be considered to be at risk
of abuse or neglect solely because of the age, dependent status, or
foster care status of the parent.
As used in this section, "guardian" means the legal guardian of
the child.
SEC. 3. Section 328 of the Welfare and Institutions Code is
amended to read:
328. (a) Whenever the social worker has cause to believe that
there was or is within the county, or residing therein, a person
described in Section 300, the social worker shall immediately make
any investigation he or she deems necessary to determine whether
child welfare services should be offered to the family and whether
proceedings in the juvenile court should be commenced. If the social
worker determines that it is appropriate to offer child welfare
services to the family, the social worker shall make a referral to
these services pursuant to Chapter 5 (commencing with Section 16500)
of Part 4 of Division 9. No inference regarding the credibility of
the allegations or the need for child welfare services shall be drawn
from the mere existence of a child custody or visitation dispute.
(b) However, this section does not require an investigation by the
social worker with respect to a child delivered or referred to any
agency pursuant to Section 307.5.
(c) To ascertain the child's view of the home environment, the
social worker shall interview any child who meets either of the
following criteria:
(1) He or she is four years of age or older and is a subject of an
investigation, and is in juvenile hall or other custodial facility,
or has been removed to a foster home.
(2) He or she has requested child welfare services or the
commencement of juvenile court proceedings on the basis that he or
she is a person described in Section 300.
(d) If proceedings are commenced, the social worker shall include
the substance of the interview in any written report submitted at an
adjudicatory hearing, or if no report is then received in evidence,
the social worker shall include the substance of the interview in the
social study required by Section 358. A referral based on
allegations of child abuse from the family court pursuant to Section
3027 of the Family Code shall be investigated to the same extent as
any other child abuse allegation.
(c) The social worker shall interview any child four years of age
or older who is the subject of an investigation, and who is in
juvenile hall or another custodial facility, a foster home, a runaway
and homeless youth shelter as described in Section 1502.35 of the
Health and Safety Code, or any other community care facility
described in Section 1502 of the Health and Safety Code, to ascertain
the child's view of the home environment. If proceedings are
commenced, the social worker shall include the substance of the
interview in any written report submitted at an adjudicatory hearing
or, if no report is then received in evidence, the social worker
shall include the substance of the interview in the social study
required by Section 358. A referral based on allegations of child
abuse from the family court pursuant to Section 3027 of the Family
Code shall be investigated to the same extent as any other child
abuse allegation.
(e)
(d) If the social worker employs team decisionmaking or
a similar process to determine whether to commence juvenile court
proceedings in a case where a child,
involving a child who is 12 years of age or older, has
requested child welfare services, the process shall
include the child, as well as individuals the child identifies as
important to him or her.
SEC. 4. Section 329 of the Welfare and
Institutions Code is amended to read:
329. (a) Whenever any person applies to the social worker to
commence proceedings in the juvenile court, the application shall be
in the form of an affidavit alleging that there was or is within the
county, or residing therein, a child within the provisions of Section
300, and setting forth facts in support thereof. The social worker
shall immediately investigate as he or she deems necessary to
determine whether proceedings in the juvenile court should be
commenced.
(b) If the application has been filed by the child who is alleged
to come within the provisions of Section 300, the social worker shall
take action under Section 301, file a petition in the juvenile
court, or endorse upon the affidavit of the applicant his or her
decision not to proceed further, including his or her reasons
therefor, within five days after the application, excluding
nonjudicial days, and shall immediately notify the applicant of the
action taken or the decision rendered by him or her under this
section.
(c) In any other case, if the social worker does not take action
under Section 301 and does not file a petition in the juvenile court
within three weeks after the application, he or she shall endorse
upon the affidavit of the applicant his or her decision not to
proceed further, including any recommendation made to the applicant,
if one is made, to consider commencing a probate guardianship for the
child, and his or her reasons therefor and shall immediately notify
the applicant of the action taken or the decision rendered by him or
her under this section.
(d) The social worker shall retain the affidavit and his or her
endorsement thereon for a period of 30 days after notifying the
applicant.
SEC. 5. SEC. 4. Section 331 of the
Welfare and Institutions Code is amended to read:
331. (a) When any person
has applied to the social worker, pursuant to Section 329, to
commence juvenile court proceedings and the social worker fails to
file a petition within the timeframe set forth in Section 329, the
person may, within one month after making the application, apply to
the juvenile court to review the decision of the social worker, and
the court may shall either affirm the
decision of the social worker or order him or her to commence
juvenile court proceedings within five judicial days .
(b) When the application has been made by a child who is alleged
to come within the provisions of Section 300, the court shall either
affirm the decision of the social worker or order him or her to
commence juvenile court proceedings within five
judicial days after the application has
been filed.
SEC. 6. SEC. 5. Section 16510 is
added to the Welfare and Institutions Code, to read:
16510. (a) It is the intent of the Legislature to ensure that
unaccompanied homeless youth are protected from harm and provided
with effective, age-appropriate services that support healthy youth
development.
(b) (1) The State Department of Social Services shall establish,
in consultation with the County Welfare Directors Association, the
Chief Probation Officers of California, the Judicial Council,
homeless youth, child advocacy organizations, homeless youth advocacy
organizations, dependency counsel for children, juvenile justice
advocacy organizations, foster caregiver organizations, labor
organizations, and individuals expert in the area of positive youth
development, 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 through
California's child welfare system.
(2) In developing the recommendations, the working group shall
consider all of the following questions:
(A) How do homeless, unaccompanied minors experience the child
welfare system?
(B) What local practices have been effective in assisting
homeless, unaccompanied minors within the child welfare system?
(C) What barriers prevent homeless, unaccompanied minors from
accessing the child welfare system?
(D) What do homeless, unaccompanied youth want and need from the
child welfare system?
(E) How can placements for homeless, unaccompanied youth
incorporate positive youth development?
(F) How can the child welfare system make it easier for
unaccompanied minors to self-initiate child welfare services or the
commencement of juvenile court proceedings on the basis that he or
she is a person described in Section 300?
(G) How do child welfare investigation timelines and juvenile
court timelines affect unaccompanied minors who self-initiate child
welfare services or the commencement of juvenile court proceedings on
the basis that the minor is a person described in Section 300?
(c) The working group shall meet no later than April 1, 2015. The
recommendations developed pursuant to this section shall be submitted
in a report to the appropriate policy and fiscal committees of the
Legislature on or before January 1, 2016.
SEC. 7. SEC. 6. Section 18265 is
added to the Welfare and Institutions Code, immediately following
Section 18260, to read:
18265. (a) (1) For the purpose of developing targeted and
specialized services for youth who are homeless, on or after July 1,
2015, one or more counties that participate in the federal Title IV-E
Child Welfare Waiver Demonstration Project
waiver capped allocation demonstration project pursuant to
Section 18260 may establish a pilot program, with the approval of the
department, to develop and implement alternative child welfare
services to meet the individual needs of homeless youth in order to
reduce homelessness among children.
(2) Each pilot program established under subdivision (a) shall
conclude no later than July 1, 2019.
(b) Each pilot program established under this section may include,
but is not limited to, methods for the identification of homeless
youth for purposes of temporary placement into a licensed homeless
youth shelter pursuant to Section 1502.35 of the Health and Safety
Code, or other appropriate placement as directed by the county's
child welfare services agency.
(1) It is the intent of the Legislature that local law enforcement
agencies work with county and local child protective services
agencies to identify the appropriate placement, including placement
in a homeless youth shelter, for youth who come to the attention of
law enforcement because they are homeless.
(2) Upon the placement or voluntary entry of a homeless youth into
a homeless youth shelter, the shelter shall notify child welfare
services if it is determined by, and upon the recommendation of, the
shelter that the youth may be eligible to receive long-term intensive
support services under the pilot program.
(c) A youth identified as homeless is eligible for participation
in the pilot program if he or she meets all of the following
criteria:
(1) The youth is 14 years of age or older and has been homeless
for at least 21 consecutive days.
(2) The county child welfare agency determines, upon consultation
with a local homeless youth shelter, if available, that long-term
intensive support services are needed for the youth.
(3) The county child welfare agency finds that there is a
reasonable presumption that the youth is a person described in
Section 300, but determines, upon consultation with a local homeless
youth shelter, if available, that the youth would be best served by
the receipt of long-term intensive support services through the pilot
program.
(d) To the extent permitted by federal law, and based on the terms
and conditions of the federal Title IV-E waiver, each pilot program
established pursuant to this section may use Title IV-E and
state foster care funds to provide long-term intensive
support services to meet the needs of homeless youth, which shall
include each of the following:
(1) Guidance to local law enforcement on when and how to refer
homeless youth to a local homeless youth shelter or child protective
services agency.
(2) (A) The temporary placement of a homeless youth in a homeless
youth shelter or other age-appropriate placement for up to 45 days
with an extension of 15 days per the approval of a county child
welfare agency. Title IV-E funding shall not be used to fund the
first 21 days the homeless youth is in a homeless youth shelter.
(B) If a youth is temporarily placed in a homeless youth shelter
through the pilot program, the county child welfare agency shall
provide justification for the placement, including whether there are
no other appropriate residential placements available.
(3) Notwithstanding subdivision (c) of Section 18250, wraparound
services, as defined in subdivision (d) of Section 18251 and as
described in subdivision (b) of Section 18250.
(e) Upon temporary placement into a homeless youth shelter
pursuant to paragraph (2) of subdivision (d), the county child
welfare agency shall do all of the following:
(1) Provide case management services, in coordination with local
homeless youth shelters, which shall include permanent and stable
housing, independent living skills as necessary, workforce training
opportunities, health and mental health services, and educational
opportunities, such as enrollment in the youth's school district of
residence as determined by the location of the youth's placement.
(2) No later than the 30th day of placement, identify appropriate
long-term housing placement opportunities and wraparound services for
the youth, including, but not limited to, placement in a certified
transitional housing plus program, placement with identified parents
or relatives, as appropriate, foster family homes, or group homes
with expertise in serving homeless or runaway children.
(3) Make a recommendation as to whether the youth should continue
to receive long-term intensive support services under the pilot
program or whether a petition should be filed to adjudicate the youth
to be a dependent child of the court pursuant to Section 360. If a
determination is made that a petition should be filed, it shall be
filed immediately and consistent with the requirements of subdivision
(h).
(f) The department, in consultation with the California
County Welfare Directors Association of
California and child welfare and homeless youth advocates, shall
develop, no later than March 31, 2015, the following standards and
criteria for the pilot program:
(1) To the extent permitted by federal law, and based on the terms
and conditions of the federal Title IV-E waiver, each of the
following:
(A) The parameters on how the Title IV-E funding may be used.
(B) How long the Title IV-E funding may be provided, as determined
by outcome goals for the youth.
(2) The requirements on casework for the youth.
(3) Processes on how placements or related services may be
identified for the youth, including whether family reunification
should be pursued or whether the youth should be placed into the home
of a relative or nonrelated extended family member, foster family
home, or group home with experience in serving homeless or runaway
children.
(4) The criteria by which a homeless youth is assessed pursuant to
subdivision (c).
(g) Notwithstanding the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code), the department may implement this section
through an all-county letter or similar instructions from the
director.
(h) (1) Nothing in this section shall be construed to limit the
ability of a child protective services agency case worker or the
county child welfare agency to file a petition with the juvenile
court to declare a youth to be a dependent child of the court
pursuant to Section 325 if the youth is a person described in Section
300.
(2) If it is determined that a petition should be filed to declare
the youth to be a dependent child of the court, the county child
welfare agency shall consult with a local homeless youth shelter or
other entity with expertise in providing services to homeless youth
in developing the petition. The county child welfare agency shall
comply with federal and state privacy protections in the consultation
and development of the petition. The petition shall include, but not
be limited to, all of the following considerations:
(A) The reasons why the youth is homeless.
(B) Whether the youth received long-term intensive support
services through the pilot program.
(C) When applicable, a description of the long-term intensive
support services received through the pilot program.
(D) Recommendations as to whether those long-term intensive
support services should be continued or modified.
(E) Whether additional placement considerations should be made
that will meet the needs of the youth.
(i) The department shall conduct an evaluation of the pilot
program established pursuant to this section to determine the
effectiveness of the program in developing and implementing
alternative child welfare services for homeless youth. The
department, no later than January 1, 2019, shall submit to the
Legislature the results of its evaluation of the pilot program,
together with its recommendation as to whether the program should be
continued or, to the extent permitted by federal law, made permanent.
A report submitted to the Legislature pursuant to this subdivision
shall be submitted in compliance with Section 9795 of the Government
Code.
(j) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
SEC. 8. SEC. 7. If the Commission on
State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.
