HomeMy WebLinkAboutMINUTES - 08111987 - 1.29 1-029
TD' 'j BOARD OF SUPERVISORS
FROM: Phil Batchelor C=tra
County Administrator
Costa
DATE: August 3 , '1987
SUBJECT:
Legislation: Assembly Bill 1221 (Areias)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AM JUSTIFICATION '
RECOMMENDATION:
Reaffirm the Board' s support for AB 1221 by Assemblyman Rusty
Areias which provides foster care payments for children in the
homes of relatives under specified circumstances and authorize
the Chair to send a letter of support to Assemblyman Areias.
BACKGROUND:
On July 14, 1987, the Board of Supervisors referred to this
office, the Social Services Director, the Family and Children' s
Services Advisory Committee, and the Youth Services Board AB 1221
by Assemblyman Areias which authorizes foster care payments to
specified cases in which a foster child is living with relatives
rather than non-relatives.
The Board has previously taken a position in support of AB 1221 .
It is appropriate, however,, for the Board to reaffirm its support
of AB 1221 and to send a letter to Assemblyman Areias noting the
basis for the Board' s support.
A copy of the Board' s previous Order supporting AB 1221 is
attached.
X Y SIGN
CONTINUED ON ATTACHMENT: ES ATURE;
X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON AUQUSt 11 , 1987 APPROVED AS RECO1VVtENDED X OTHER
VOTE OF SUPERVISORS
I, HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES; NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
August 11, 1987
cc: County Administrator ATTESTED
SOCld1 SErV1C2S Director PHIL BATCHELOR, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
M382/7-83 —
TO*.� " ' BOARD OF SUPERVISORS
FRCIM Supervisor Sunne Wright McPeak lJlJl llra
CnWIQ
DATE: For Action on July 14, 1987 c "1
SUBJECT: Review of AB 1221 and Consideration for Endorsement v
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACWROUND AAD JUSTIFICATION
RECOMMENDATION
Refer AB 1221 to the County Administrator' s Office, Social
Services Department, Family and Children Services Advisory
Committee and the Youth Services Board to evaluate and
recommend action to the Board of Supervisors regarding
possible endorsement and any preferred amendments by
August 15, 1987 .
BACKGROUND
Attached is background information on AB 1221 by Assemblyman
Rusty Areias to allow reimbursement to relatives providing
foster parent services. This would be a major policy
departure from current law. Perhaps this would help address
the need for placement of foster children and help reduce the
need for more institutions. It would be important for Contra
Costa County to thoroughly analyze AB 1221 and determine a
position before the Legislature reconvenes in August,
including whether or now the Legislature could be improved by
amendments sponsored by our County.
CONTINUED ON ATTACHMENT: ` YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON July 14, 1987 X
APPROVED AS RECOMMENDED OTHER
REAFFIRMED position of support for AB 1221; and REFERRED to County Administrator,
Social Services Director, FACSAC and Youth Services Board for review of amendments.
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: _ AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT; ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: County Administrator ATTESTED
Social Services Director
PHIL ?dHE OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
M382/7-83 BY ,DEPUTY
REPLY TO: COMMITTEES:
S CRAMEMO.DD MS AGRICULTURE
D . STATE CAPITOL Assembly
P.O.BOX 942849 GOVERNMENTAL
SACRAMENTO,CA 94249-0001 ORGANIZATION
(916)445-7380 &1ifornia T' le.gislttftre TRANSPORTATION
asrn�cr oEEwE_s: COMMISSION OF
0 7415 EIGLEBERRY,SUITE B _ " .. THE CALIFORNIA-S
GILROY.CA 95020
(408)848-1461 '
0 545J STREET.5UITE 14 . .. RECEIVED
LOS BANOS.CA 93635
(209)826-6100 .. U I� 15 (�."'7
J
0 140 CENTRAL - - -
SALINAS,CA 93901
(408)422-4344 ->RUSTY AREIAS - _ ----------•
ASSEMBLYMAN,TWENTY-FIFTH DISTRICT
CHAIR.COMMITTEE ON GOVERNMENTAL
EFFICIENCY AND CONSUMER PROTECTION
CHAIR.RURAL CAUCUS
June 10, 1987
Sacramento , California
Honorable Sunne Wright McPeak
Chairwoman
Board of Supervisors
Contra Costa County
2301 Stanwell Drive
Concord , CA 94520
Dear Chairwoman McPeak:
I need your immediate help in support of an important bill that
would help provide additional placement options for children in
need of foster care.
As you know, a shortage of available placement options for these
children currently exists , and more and more abused and neglected
children are entering the foster care system. Emergency shelter
care facilities are bursting at—.the seams .
4 ,348 additional children were placed in foster family homes
and group Homes—between January and December 1986 ; 1 ,927
additional_children between January and April 1987 .
My measure , AB 1221 , would provide state foster care benefits to
foster children placed with relatives , and thus , would enable
some extended family members to take these children . This would
give both the child and the county a better and less costly
alternative to emergency shelter care .
The state currently discriminates between state AFDC-FC eligible
children in foster care who are placed with relatives and state
AFDC-FC eligible children who are placed with non-relatives .
State foster care benefits are only_given to children who live
with unrelated tnst'er parents. "—
AB 1221 deletes this inequity and allows a relative to receive a
foster care payment even if the child does not meet federal
eligibility criteria .
Assembly Bill 1221
June 9 , 1987
Page Two-
It is believed that very few cases are involved and the cost
increase to a County would be minimal . The county pays only 5
percent of the non-federal share of the foster care payment.
Emergency shelter care costs for the county far exceed this
amount.
I respectfully ask that your Board of Supervisors review this
important measure and adopt a position of support for AB 1221 .
- Please let me know if my office can assist you in any way. -
Leslie Medina in my office is handling the bill and she can be
reached at 916/324-7440.
Thank you for your time and attention t request. I look
forward to hearing from you in the n ar futur .
Si cerely,
t
1' AR AS
RA: lms
Enclosure
AMENDED IN ASSEMBLY MAY 26, 1987 4
AMENDED IN ASSEMBLY APRIL 20, 1987
CALIFORNIA LEGISLATURE-19874i8 REGULAR SESSION_ _
ASSEMBLY BILL "No. 1221
Introduced by Assembly Members kreias, Bates, Chacon,
Condit, Friedman, Harvey, Leslie, Quackenbush, Speier,
and Vasconcellos
March 3, 1987
An act to amend Sections 1140,1, 11402, 11404, 11404.1, and
11405 of, and to add Section 11404.2 to, the Welfare and
Institutions Code, relating to public social services.
LEGISLATIVE COUNSELS DIGEST
AB 1221, as amended, Areias. AFDC-FC.
Existing law provides for the . Aid to Families with
Dependent Children-Foster Care (AFDC-FC) program,
dirough which qualified children in foster care are provided
assistance for specified needs. The AFDC program is
administered and partially funded by counties.
In order to be eligible for AFDC-FC assistance,a child must _
be placed in one of several types of homes, including the
home of a nonrelated legal guardian,or the home of a relative.
provided the child is otherwise eligible for federal financial
participation in the AFDC-FC program.
This bill would create a state-mandated local program
deleting the requirement that the .legal quardian be
nonrelated and the federal limitation on eligibility of children
in the home of a relative, thereby increasing the cost of
AFDC-FC by -revising the eligibility standards, and would
make conforming changes.
The bill would also state the intent of the Legislature that
1FDC foster care placement conform to specified limitations
97 40
AB 1221. _2—.
and priorities
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,including the creation of a State
Mandates Claims Fund to pay the costs of mandates which do
not exceed $500,000 statewide and other procedures forg
claims whose statewide costs exceed$500,000. .
This:bill would.prov de.that, if the Commission on State.
Mandates determines that this bill contains costs mandated by
the state, reimbursement for those costs shall be made
pursuant to those statutory procedures and, if the statewide,
cost does not exceed $500,000, shall be made from the State
Mandates Claims Fund:
Vote: majority. Appropriation: no._Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows
1 SECTION 1. `The Legislature declares that it is in the
a 2 best interests of a foster child that the foster child remain
3 with relatives when possible. The Legislature further
4 declares that this family unity shall be encouraged where
5 possible. The Legislature finds that the current policy of
` 6 disparate payments to relatives and nonrelatives is not in/'
7 the best interests-of the'foster child.
i 8 : SEC:'2. Section-11401 of-the Welfare and Institutions
9 Code is amended to'read:
10 11401. Aid in the form of AFDC-FC shall be provided
11 under this chapter on behalf of any child under the age
12 of 18, except as provided in Section 11403,who meets the
13 conditions of subdivision (a), (b), or (c):
14 (a) The child has :been relinquished, for purposes of
15 adoption,--to a licensed adoption agency, c the /.
.- 16 department,or the parental rights of either or both of his t°
17 'or her parents have"'been terminated after an action
18 under the Civil Code has been brought by a licensed
19 adoption agency or the department, provided that the
20 licensed adoption agency or the department, if
21 responsible for placement -and care, provides to such ,
977 so
is
–=3— AB 1221 :.
I children all services.as required by the department to
• 2 children in foster care. -
3 (b) The child has been deprived of parental support or`
4 care due to any of the reasons set out under Section 11250,
5 provided: .
6 (1) The child has .been removed from`the"physical
Ccustody of his or her parent or guardian as a result of a
judicial determination that continuance in` the home
9 would be contrary to the child's welfare and that;-if the
10 child was placed in foster care, reasonable`efforts were.
-il -made; and will continue-to:-be ,made, -to zprevent
:
12 eliminate the need for removal of the child from his Dr'
13 her home and to make it possible for the child-to return
14 to his or.her home, and any of the following-apply
'15 (A) The child has been adjudged a dependent child of
16 the court on the grounds that he or -she is a, person
17 described by Section 300.
18 " . :(B) The child has been adjudged a ward of court
19 on the grounds that he or she is a person described by -
20 Sections 601 and 602. ' -
C-21 (C) The child has been detained under a court order
22 pursuant to Section 319 or 636 which remains in effect.
23 (2) The child has been voluntarily placed by his or;her
24 parent or guardian pursuant to Section :11401.1 -or in a
^"25 demonstration county, pursuant to Section 16550, et seq.
%U'26 (3) The child is living in the home of a legal guardian.
27 (c) The child has been placed in foster care under the
28 federal .Indian Child Welfare Act. Sections 11402, 11404,
. 29 and 11405 shall not be construed as limiting payments to
30 Indian children, as defined in the federal IndianChild_
31 Welfare Act, placed in accordance with that act:
32 SEC.3. Section 11402 of the Welfare-"and Institutions
33 Code is amended to read
.34 11402. In order to be eligibile fnr AFDC FC,'a child
81935 must be placed in one of the following:
C` 36 (a) The home of a relative,,provided the home has
37 been documented by the social worker .or probation -
38 officer as being suited to the needs of the child and the
39 child is eligible for AFDC-FC.
f40 (b) The licensed family home of a nonrelative.
97 80
AB 1221 —4—
I
41 (c) .A licensed group home, provided—,that the
2 placement worker _,.has. documented that such
3 .placement is necessaryto to meet the.treatment needs of
4 the child and that the facility;offers. those treatment
5 services.
6 (d) The home of a legal guardian. _..
7 (e) A home which has -been-.certified by a socij
8 worker or .probation officer .as meeting licensin
9 standards, provided that a family home license has been
10applied for and has not been denied
-11 `. (f) An exclusive-use home.-
12
ome:12 SEC. 4. ..Section 11404 of the Welfare and Institutions
13 Code is amended to read:
14 . . 11404. (a). Except as .provided in Section .11405, -:a
15 child is not eligible for AFDC-FC unless responsibility for
16 placement and .care of the'child is with the county
17 welfare department, the county probation department
18 which has an agreement with the county welfare
19 department, or a licensed public adoption .'agency,
'20 licensed private adoption agency or the department. -
21 (b) In order for the child to be eligible for AFDC-FC#
22 the agency with responsibility for the child's placement
23 and care must ,. in accordance with .departmental
24 .regulations: -
25 (1) For children removed after .October 1, .1983
26 document that it provided preplacement preventive "
{ 27 services to the child prior to the child's placement in
28 foster care, and document. why provisions of these
29 services were not.successful.in maintaining the child in
30 his or her home, .unless it. is documented that these
31 services were not provided due to:
32 (A) Either the voluntary relinquishment of the child
33 by one or both parents or courtaction declaring a child
34 free from the custody and control of one or both parents.
35 (B) The child's residence with a legal guardian.
36 (2) Develop a . written assessment of the reasons
37 necessitating the child's placement in foster care and the .
38 treatment needs of the child while in foster care to be
39 updated by the agency no less frequently than once every
40 six months; and
97 100
5 AB 1221
. 1 (3) Develop a case plan for the child within 30 days of
2 placement. _
3 (4) Ensure that services are provided,to return the
4 child to his or her own home or establish an alternative
5 permanent placement for the child if return home is not
6 possible or is inappropriate. .
7 SEC.5. Section 11404.1 of the Welfare and Institutions
8 Code is amended to read:
9 -11404.1. . In order to be eligible for AFDC-FC, the
10 child shall receive a periodic review no less frequently
I I than once every six months and.a.permanency planning
12 hearing within 18 months of the original placement date
13 and periodically but no less frequently than once each 18
14 months thereafter, as required throughout the period of
15 foster care placement. Periodic reviews and permanency '
16 planning hearings shall not be required for a child.who is
17 residing with a legal guardian.
18 SEC. 6. .Section 11404.2 is added to the Welfare and
19 Institutions Code, .to read: . .
20 11404.2. (a) It is the intent of the Legislature that,
21 consistent with the best interest interests and.special
22 needs of the child, foster care placement be in the least
23 restrictive, most family-like setting in close proximity to
24 the parent's home.
pc 25 (b) Because of the desirability of maintaining family
101" 26 ties, long-term foster-care in the home of a relative may
27 be considered a permanent placement plan for a child if
28 the return of the child to the home is not possible or is
29 inappropriate.
30 SEC. 7. Section 11405 of the Welfare and Institutions
31 Code is amended to read:
32 11405. (a) AFDC-FC shall be paid to an otherwise
33 eligible child living with a legal guardian, provided that
1� 34 the legal guardian cooperates with the county welfare
'let 35 department in all of the following:
36 (1) Developing a written assessment of the child's
37 needs.
38 (2) .Updating the assessment no less frequently than
39 once every six months.
40 (3) Carrying out the case plan developed by the
,Dt -
97 120
AB 1221 -
1 county.
2 (b) When AFDC-FC is applied for on behalf of a child
3living with -a, legal guardian the county welfare
4
' department shall: _ ..
5' (1) 'Develop'a written assessment of the child's needs. j
6 < (2) Update.such assessments-no less frequently-'than
7 once every.six months.
8 (3) Develop. a .case planthat
specifies how the .
9....problems-=identified: in' the assessment are't6"b6 .'
10 addret;sfed. -
11 (4) Make visits to the child as often as appropriate,but
12 m no'event;less.often than once every six months.
13 SEC. 8. Notwithstanding Section 17610' of the
f 14 Government Code,if the Commission on State Mandates
15 -determines that this act,contains costs mandated by the
16 -state, reimbursement-,to `local agencies and school
17 districts for those costs shall be made pursuant to Part 7
18 (commencing with Section 17500) of Division"4 of Title "
19 .2 of the Government Code. If the statewide cost of the
20 claim for reimbursement does not exceed five hundred
21 - thousand dollars "(M,000), reimbursement shall be C
22 "made from the State Mandates Claims Fund.
97 130
'r