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Home My WebLink AboutMINUTES - 07141987 - S.5 y S BOARD OF SUPERVISORS FROM: Supervisor SUnne Wright McPeakC=tra Costa DATE: For Action on July 14, 1987 . (J'v`�' "1 SUBJECT: Review of AB 1221 and Consideration for Endorsement. \ SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND 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 SIGNATUREISI' ACTION OF BOARD ON July 14, 1987 APPROVED AS RECOMMENDED OTHER X 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 _ aj,I J JLJ9 , Social Services Director PHIL TCHE R, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY 46'J...�_,DEPUTY REPLY TO " a COMMITTEES: SACRAMENTO ADDRESS iiiAGRICULTURE ❑ STATE CAPITOLGOVERNMENTAL P.O.BOX 942849 ORGANIZATION SACRAMENTO,CA 94249-0001 ORGANIZATION(916)445-7380 y • + TRANSPORTATION C iltfa tttrotolature pISTRICT F OFICES: _---- - _ COMMISSION OF ❑ 7415 EIGLEBERRY,SUITE B ---=t THE CALIFORNIAS GILROY,CA 95020 (408)848-1461 ❑ 545 J STREET,SUITE 14 : _,.._, �, ' RECEIVED LOS BANOS,CA 93635 (209)826-6100 J U j] f ❑ 140 CENTRAL ( 7 � SAUNAS,CA 93901 h.u (408)422-4344 ; RUSTY AREIAS f r --•- .... ASSEMBLYMAN,TWENTY-FIFTH DISTRICT CHAIR,COMMITTEE ON GOVERNMENTAL EFFICIENCY AND CONSUMER PROTECTION CHAIR.RURAL CAUCUS p _ June 10, 1987 - Sacramento, California _ dl Honorable Sunne W��ight McPeak Chairwoman Board of Supervisors Contra Costa County 2301 Stanwell Drive Concord , CA 94520 Dear Chairwoman McPeak: I need your immedijite help in support of an important bill that would help provide) additional placement options for children in . need of foster carve. As children current)ou know, a sho jrtage of available placement options for these _ y exists , and more and more abused and neglected children are enterding the foster care system. Emergency shelter care facilities are_bursting_at_the seams. 4,348 additional children were placed in foster family homes and—groupfiomeis—between-3anuary and December 1986; 1 ,927 additional chi5dren between January and April 1987 . My AB 122 _. ._ _.._. .. __ M measure, 1 , would provide state foster care benefits -to foster children placed with relatives , and thus would enable some extended fami)y members to take these children. This would give both the chino and the county a better and less cost alternative to emergency shelter care. --- The state currently discriminates'---between state AFDC-FC eligible children in fosterljfcare 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 witfi unreTatee o'ster parents. --'� AB 1221 deletes this inequity and allows a relative to receive e zoster care payment even if the child does not meet federal eligibility criteria. ii Assembly Bill 12211 June 9, 1987 Page Two-- It Vt'`believed that very few cases are involved and the cost rr increase to a County would be minimal . The county pays only 6 ' 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, Y AR AS RA: lms Enclosure .. V,'Ay-�, Ym.p -. :--�" F� _ a ,:• •..� " ``AMENDED IN MAY '26, 1"987 . ASSEMBLY AMENDED JN ASSEMBLY APRIL`20, 1987 ' y ..4,,4 3; , x .�..1, LceL1TURE-198REGULAR CALEyORNIA L.GV , T �ESSIO E�• ASSEMBLY BILI. '. - ;3 No. 1221 r t Introduced 'by, Assembly Members Areias, Bates,': C-hacon, Condo, Friedman, Harey, v ,LesU4. Quackenbush, Speser, - and Vasconeellos :. ". 'w- •";i, 'V .," "'.t'-.r..J"r _..: '�' 7W�•T9, rMarch 3 1J87 An act-to amend Sections 11401, 11402, 11404, 114041,,,and 11405 of,` acid to add Section 11404.2 to, the Welfare' and': Institutions Code, relating to public social'services. r - LEGISLATIVE COUNsEL's..DIGJW AB 1221,.as amended;Areias.- AFD-C-FC Existin. - g Mawprovides' for the .Aid to -=Families :with r Dependent Children-Foster Care. .-(AFD.0-FC) F.program, Through which"qualified children in foster care-are provided assistance; .for :specified . rThe..AFDC program isneeds - administered and partially funded-by counties In.order to be eligible for assistance,a chiid-must' T be , laced in one of several,p types of homes, including 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 �_-3eletin the . requirement that: the .-1e al uardian . be:,,. g ,: q .. . : g Q .. 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 - .. 4 r x ,.- c -: y"``{ + ,3..�Y .L�-�x �.2�.y,�-d•��,.�4�,--j,r, �,�,.� ,c Y� . sL_ '{ azid;prionties:eV ;Tlie.Callforrua Constitution re fires the statesto reunburset localagencies'and'schoiilYd�stn 9 k 'cts for cetaui costs finandated by the state.,Statutory. provisions establish procedues.`;for makuig that reimbursement,.includin the_ creation"of a State" Mandates Claims Fund to pay the costgs of mandates which:do- not exceed $500,000 statewide aril other procedures for claims whose statewide costs exceed,$50Q 000 Phis bill would provide Mandates dete that, if the Commission o State rmines that`tlus'bill contains costs mandatred t%y i - the state, reimbursement jol :those costs shall lie t made _ :pursuant to`those-statutory. procedures and,:if the-statewide cost.does not exceed $500,000,shall be made from the State - 1 _: "Mandates Chir— Fund: - ` Vote: ma'on J h'•..Appropriation no. Fiscal committee es State mandated local ogr r, am:--yes— prY The people 6 the State of Calrrorn7 s_.�.a do-enact as iS�llows ; . 3 �SECTION 1: ,fie: , w Legislature-declares that i is in'the z ` 2 best interests of a foster child that the foster child remain:f -_ 2 be , # with .relatives iwhen possible .rThe Legislature 'further { 4 declares that this family.unity shall be encouraged whee possible"`The Legislature finds that"the current'policy'of-77 S disparate-payments`to'.relatives and nontelatives is not in' e best interests-of the`foster child."' _g thSEC: y 1401 of the Welfare and Institutions 9 -Code Is amended to'- read: ' i0 1'1401 Aid iri"the form of'AFDC-FC shallbe provided 11 Ander this chapte on behalf of-any child under the.age 12: pf 18,"except as providedzn Section�l1403,Vho meets the' s 13 ` conditions of `subdivision (aj, ::(b);or (c) = ..s 3 14 (a). The child has ;been relui j fished for = Q. purposes of = 15 adoption,-=to a ��hcensed-=-adoption-agency, or 16 department,or file parental nglits.of either or both of his f 17" or,$tier Jparents =13ave`'been terminated after an-action 18 under ther`Civil .Code`has-been`brought+'by ja licensed '. 19 adoption agency or the department,-provid ensed ed that`"the- 20 licadoption :a agency or 1 P=: , . g Y the department, if 21 ¢res nsible for } Po placement and care, A rovides to such i. s FiiLO - -K 3 r 7�7 5r V f 1 children 'all services.as rewired by the�department to °1� r 2 children in -foster 3 (b) The child has been depnved' -parental support�or= 4 cared'ue to any of the reasons set out under Section 5 provided:-- 6 d-6 (1) =The .child' has been removedfrom the°physical; 7 custody o his orer parerif of guardian'as a result 8 =judicial --deterrninati-on-that' continuance ihi= e,,home _9 would be contrary totlie child's'welfare$arid that;if the'` M 10 child_was:placed m joster,care r easonabie ei outs were, = 11' made,---4hd-..will continue��tti abe 4made =to4 es�ent r � -12 =ehiriinate= 1 -r �! 4 3 S`" f At - s AB, 1221 5 3 4 sw rt _ (c) A. licensed Y group , home, provided thatY the c` } lacement `worker has documented ;that such �, p -3"'.placement_is.:necessary-to meet the trEatment-needs of , 4 � the child and that the facility er s ea crit off s tho a-Ar 5" services. y y (d) Thehome of a legal guardian l ` 7 {e) home which has__:been certified by a soca - '8` worker or ;probation officer, as Meeting;> hceisin standards, provided:that<a family home license has been 10 applied for;and has not:been:deniedoz w R 1 (f) .An exclusivm-use M 12 -:SEC.4 .'Section 11404 of the Welfare and Institutions F Y^ L 13 Code..is amended to read 14` .:11404. :(a) -Except;as provided in Section 11405, a i5;' child is not eligible for AFDC-FC unless responsibility for ' 16" lacement `and-care of the 'child As with the county p 17, welfare department, the county probation department r 18 :which has an agreement :with the:,county welfare :Wl ,;department„ or .,a licensed , public :adoption agency, Y! 720'-;licensed private adoption"agency.,or:the,department In order for.the.child tobe,eligible for-AFDC FC� 22, -the agency with responsibility for the child'$,placement h d _ care. ;must; m .:accordance F with departmental 24 regulations: 25, {1) For ;children removed after October._ 1, x1983 -26 document that it provided preplacement preventive 27;; services to.the.child.-.prior to the child's placement in foster-care, and, document;_why._:provisions of these 29 cervices:were not,successful.-in maintaining the child in - 30 his :or her _horn6,-,.unless it:s documented that ,hese } 31 . services were.not provided.due to: 32 Either the voluntary.relinquishment of the child app 33 ;.by.one or boih:parents or court.action,declaring a child j .. .. 34 free frons the custody�and-control of one,j both parents k - ;; B The child's residence with a le al dian.r �. ;35 ( ) g. g 36 (2) :Develop a written. .assessment of ;the b,reasonsy 37 necessitating the child's placement in foster care and the 38 treatment needs,of the child while.in foster care„to be ',. 39 =nths;.and ed by the agency no less frequently than once every,, 40 _ ZV u 97 z00 h s s ,r plan for the child within 30 days;of Develop a case , z r _2 placement (4) Ensure that services are'..provided oto return the 4 child to 'his or her own'home or establish an alternative. _ ;pnt: lacement;for the,-child if,return home is not P 5 possible or'is inappropriate p w' �� = a. 7 , .SEC.$. -Section 11404.141the Welfare and Institutions 8 Code is amended.to read �'" 9 114041 In -order to zbe. -eligible for AFDC FC, the .le-_child:.shall..receive a penodic review no:less frequentlq 11 than,once-_every six months:.and a.permanency planning M = 12 hearing withm.l8_monthslof the_origu�al:placement:date 13 and penodically:bui no:less frequently-,than once each 18 14 irxonths thereafter, as.required throughout the-period of 15 'foster care placement.Periodic reviews and,p:ie n ency 16 planning hearings shall not be required for a child who fr 7.'.:residing with a legal guardian s .: � t n 18 -SEC. 6.- Section 11404.2 is added to the Veifire and 19 Legislature t 20 11404.2. (a)+It is the�intent .of..the.. _ 21 consistent with- the :best merest 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 ahe:parent's home ._ .. - _ .. 25 (b) Because of the desirability of maintaining family- �o26 ties, long-term foster eare in the home of a relative may 27 be considered a permanent placement plan for a child if _X28 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 ao an otherwise 33 eligible child living with a.1 egal guardian, provided that :. . x.._.34 the legal guardian cooperates with the County welfare der 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 7 _ y Y i ABS M1 a Y f ( .) When AFDC-FC is�applied for on behalf of a child 4 ,dh'ving with -a` legal guardian the county tweare partirne shall -: _ -:. ... Y » 5 ' °(1) Develop-a written assessment of the child's needs ' 3 6 z , .(2) Update_such-assessments no less frequently .than - :7.,;once every.six months: �- Develo a - 8 (3) p, . case plan that specifies how n9 .,problems :identlfiedasin _mare oto: tie " _ .. 10; a assessment _ . --addressed: 11 ; `4-:(4) -Make visits to the child as often'as appropriate,but 12 :'m no'event less.oftein than once'every six months d 13 ..-`SEC. $. Notwithstanding ;Section .'17610 of' 14''-Government Code,-if the'Codetermines that this ammission on State`Mandates 15 ct contains costs mandated''by the 16 -state, reimbursement =to. -localagencies and school 17 ,districts for those costs shallbe made pursuant to;Part 7 = r18 (commenci ag,'witl Section '17500)--of Division'4 of'Title .19 2 of the Government Code. If the statewide cost of.the: 20 claim for reimburseiilent does not exceed five hundred - 21 thousand' dollars.-0500 000, ), -reimbursement shall be 22 -rnade from the'State Mandates Claims i Oki - ' - � _•. a ' 7:. ,:�`. .z_. ,,., "- .'. - T! _ VT: r L c r -j - 97 130