Bill Text: CA AB488 | 2009-2010 | Regular Session | Chaptered

California Assembly Bill 488 (Prior Session Legislation)

Bill Title: Children's services programs: performance agreement

Sponsorship: Bipartisan Bill

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 445, Statutes of 2009. [AB488 Detail]

Download: California-2009-AB488-Chaptered.html

BILL NUMBER: AB 488	CHAPTERED
	BILL TEXT

	CHAPTER  445
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2009
	APPROVED BY GOVERNOR  OCTOBER 11, 2009
	PASSED THE SENATE  AUGUST 24, 2009
	PASSED THE ASSEMBLY  AUGUST 27, 2009
	AMENDED IN SENATE  JULY 14, 2009
	AMENDED IN SENATE  JUNE 17, 2009
	AMENDED IN ASSEMBLY  APRIL 21, 2009

INTRODUCED BY   Assembly Members Torres and Hagman
   (Coauthors: Senators Huff and Negrete McLeod)

                        FEBRUARY 24, 2009

   An act to amend Sections 18987.61 and 18987.62 of the Welfare and
Institutions Code, relating to public social services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 488, Torres. Children's services programs: performance
agreement contracts.
   Under existing law, each county may enter into performance
agreements with nonprofit agencies to encourage innovation in the
delivery of children's services, to develop services not available in
the community, and to promote change in the child welfare services
system. Existing law limits these performance agreements to a period
of 3 years.
   This bill would authorize the State Department of Social Services
to renew or extend the performance agreements described above for up
to an additional 3 years beyond the original 3-year time period,
would require an independent evaluation and report regarding the
waiver, and would make conforming changes.


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

  SECTION 1.  Section 18987.61 of the Welfare and Institutions Code
is amended to read:
   18987.61.  (a) Each county may enter into performance agreements
with private nonprofit agencies to encourage innovation in the
delivery of children's services, to develop services not available in
the community, and to promote change in the child welfare services
system.
   (b) In developing the agreements, counties and service providers
shall pursue services that enhance the ability of children to remain
in the least restrictive, most family-like setting possible and
promote services that address the needs and strengths of individual
children and their families.
   (c) Programs developed pursuant to this section shall operate
within the county, or in another county with the approval of that
county.
   (d) If the director issues a waiver pursuant to Section 18987.62,
the agreements pursuant to subdivision (a) shall be for a period of
up to three years, but may be renewed or extended consistent with any
extension of the waiver granted by the State Department of Social
Services pursuant to subdivision (f) of Section 18987.62.
   (e) For waivers entered into before January 1, 2010, a county
shall provide a report to the director due six months prior to the
end of the original agreement period to report on the details of the
agreement, the results achieved during its operation, and the
applicability of the approach to a wider population. The director
shall make these reports available to the Legislature upon request.
   (f) Commencing January 1, 2010, in order to comply with the
reporting requirement set forth in subdivision (e), the county or
private nonprofit agency shall fund an independent evaluation of the
waiver, with a report of the results due to the department six months
prior to the end of the waiver period of three years. The evaluation
and report shall include, but need not be limited to, the details of
the agreement, the results achieved during its operation, and the
applicability of the approach to a wider population. The department,
the county, and the private nonprofit agency shall agree with the
design and parameters of the independent evaluation prior to the
approval of the waiver.
  SEC. 2.  Section 18987.62 of the Welfare and Institutions Code is
amended to read:
   18987.62.  (a) Upon request from a county, the director may waive
regulations governing foster care payments or the operation of group
homes to enable counties to implement the agreements established
pursuant to Section 18987.61. Waivers granted by the director shall
be applicable only to services provided under the terms of the
agreement and for the duration of the agreement, whichever is
earlier, unless the director authorizes an extension of the waiver
pursuant to subdivision (f). A waiver shall only be granted when all
of the following apply:
   (1) The agreement promises to offer a worthwhile test of an
innovative approach or to encourage the development of a new service
for which there is a recognized need.
   (2) The regulatory requirement prevents the implementation of the
agreement.
   (3) The requesting county proposes to monitor the agreement
through performance measures that ensure that the purposes of the
waived regulation will be achieved.
   (b) The director shall take steps that are necessary to prevent
the loss of any substantial amounts of federal funds as a result of
the waivers granted under this section. The waiver may specify the
extent to which the requesting county shall share in any cost
resulting from any loss of federal funding.
   (c) The director shall not waive regulations that apply to the
health and safety of children served by participating private
nonprofit agencies.
   (d) The director shall notify the appropriate policy and fiscal
committees of the Legislature whenever waivers are granted and when a
waiver of regulations was required for the implementation of the
county's proposed agreement. The director shall identify the reason
why the development of the services outlined by the agreement between
the county and the service provider are hindered by the regulations
to be waived.
   (e) The county or private nonprofit agency shall fund an
independent evaluation of the waiver as described in subdivision (f)
of Section 18987.61.
   (f) The director may grant a county's request to extend the waiver
for up to an additional three years based upon a review and analysis
of all of the following information:
   (1) The results of the report, if required under subdivision (e)
of Section 18987.61.
   (2) The results of the independent evaluation of the waiver
pursuant to subdivision (e) of this section.
   (3) Justification for the extension, and verification of continued
compliance with this section.
   (g) (1) For any waiver approved on or before January 1, 2010, an
extension of the waiver for up to an additional three years may be
based upon the department's review and analysis of the information
required to be submitted in subdivision (f).
   (2) If an independent evaluation has not yet been completed, the
department may grant an extension based upon its review of available
information. However, an independent evaluation shall be required to
be completed within one year prior to the end of the waiver.