HomeMy WebLinkAboutMINUTES - 05251993 - 1.32 1 -32
TO: BOARD OF SUPERVISORS
Contra
FROM: Phil Batchelor, County •Administrator f .
^ - ,s Costa
May 20, 1993 County
y °
DATE: cGuyt�
SUBJECT: LEGISLATION: AB 776 (Hannigan)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT a position in SUPPORT of AB 776 by Assemblyman Tom Hannigan,
which, as introduced, would build upon the existing State family
preservation legislation and improve the family preservation
program which the County is already operating.
BACKGROUND:
Existing law provides for a program permitting participating
counties to claim, on an annual basis, a prescribed portion of the
State' s share of that County' s AFDC-FC ( foster care) funds in
advance if the county shows that it will conduct a program of
family reunification and .family maintenance services for eligible
families who meet specific criteria, in an effort to reduce the
need for foster care placement or reduce the length of time a child
must remain in foster care. This program is known as the Family
Preservation Program.
Under the existing Family Preservation Program, there is a penalty
provision which requires, if the projected expenditures for the
foster care program and the funds advanced for the Family
Preservation Program exceed the projected expenditures for the
foster care program by more than 5%, that the county pay 100% of
the over-expenditure.
AB 776 repeals this penalty language, meaning that if there were an
over-expenditure of more than 5%, the State and the county would
share in the costs on the same basis they share in the basic foster
care program expenditures .
CONTINUED ON ATTACHMENT: YES SIGNATURE:
4-RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): P'i ���?G�I` ✓`+
ACTION OF BOARD ON May 2;5, 1993 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
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.
ATTESTED MAY 2 5 1993
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: See Page 3 . . SUPERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
-2-
Under the existing Family Preservation Program, the Legislature
declares its intent to encourage the continuity of the family unit
by providing services to avoid or limit the need for a foster home
placement.
AB 776 repeals this intent language and instead indicates the
Legislature ' s intent to encourage the continuity of the family unit
by providing family preservation services, which are then defined
as intensive services for families whose children, without these
services, would be subject to any of the following:
* Be at imminent risk of out-of-home placement.
* Remain in existing out-of-home placement for longer periods of
time.
* Be placed in a more restrictive out-of-home placement.
Under the existing Family Preservation Program, the amount of
foster care money which may be advanced is based on the amount of
projected expenditures for that fiscal year.
AB 776 changes this limitation to provide that itis based on the
projected expenditures for the first year of the pilot project and
remains the same for each year of the pilot project.
Under the existing Family Preservation Program, the pilot project
in a county is deemed to be successful if it meets certain defined
standards .
AB 776 adds to these standards the following:
* The program enables families to resolve their own problems,
effectively utilize service systems, and advocate for their
children in educational and social agencies .
* The program enhances family functioning by building on family
strengths .
Under the existing Family Preservation Program, commencing with the
1993-94 fiscal year, a county with a family preservation program
which has been in operation for three years may request that a
permanent transfer of funds be made from the foster care advance
that has been made to the child welfare services allocation for
that county.
AB 776 reduces the length of time that the family preservation
program must have been in operation before the county can request
this transfer to two years, rather than three years and makes
additional technical amendments to this language regarding the
populations which were served during the pilot project.
Under the existing Family Preservation Program, only families where
the child has been made a ward or dependent child of the court or
which are judged to have a child who will soon be within the
jurisdiction of the juvenile court pursuant to specified provisions
of the law may be served. Families where a child has been
voluntarily placed in out-of-home placement are not eligible to
family preservation services .
AB 776 would make families which have voluntarily placed a child
eligible for family preservation services.
Under the existing Family Preservation Program, the provisions for
the permanent transfer of funds from the foster care allocation to
a county' s child welfare allocation sunset July 1, 1996 .
AB 776 repeals the July 1, 1996 inoperative date and the January 1,
1997 repeal date for these provisions, thereby leaving the
provisions for the permanent transfer of funds for the family
preservation program in effect permanently.
-3-
AH 776 also requires the State Department of Social Services to
seek additional federal funds for the family preservation program
from specified sources and specifies that these funds are to
supplement and not supplant any funds now being spent on the family
preservation program.
The Expanded Youth Services Board and the Social Services Director
have recommended that the Board of Supervisors support AB 776 and
this office concurs with that recommendation.
cc: County Administrator
Social Services Director
County Probation Officer
Acting Mental Health Director
Sara Hoffman, Senior Deputy County Administrator
Les Spahnn, Heim, Noack & Spahnn
s'
r•
SOCIAL SERVICE DEPARTMENT CONTRA COSTA COUNTY
DATE: April 6, 1993
MEMO TO: Claude Van Marter
Assistant County Administrator
FROM: Perfecfo Villarreal
Director, Social Service Department
SUBJECT: Request Board of Supervisors Support for AB 776, a Family
Preservation Services Bill Introduced by Assembly Member Hannigan
----------------------------------------------------------------------------------------------------------------------------------------------------
At the March, 1993, meeting of the Expanded Youth Services Board, the group took action to recommend to
the Board of Supervisors that the Board support legislation introduced by Assembly Member Tom Hannigan.
This legislation is AB 776, a family preservation services bill. AB 776 is sponsored by the County Welfare
Directors Association and also supported by the California State Association of Counties.
AB 776 would build upon realignment clean-up legislation (AB 2365, Bronzan) enacted last year by the
following:
♦ Provide for the elimination of the penalty provision in current family preservation law.
♦ Allow for permanent transfer of a county's family preservation program funding to its Child Welfare
Services Program upon a demonstration of success after two years, rather than the three years required
by current law.
♦ Make the first year pilot allocation the allocation for the life of the pilot phase.
♦ Allow counties to serve voluntarily placed children.
♦ Add family functioning as an evaluation success criteria.
♦ Require the State Department of Social Services to seek additional federal funds to finance family
preservation services and would state the intent of the State Legislature that those additional funds shall
supplement, not supplant, existing General Fund support for family preservation services.
The primary purpose of AB 776 is to eliminate the current disincentive for counties to come up on family
preservation and to prevent the problem of the funding allocation decreasing as the family preservation pilot
becomes successful.
On behalf of the Expanded Youth Services Board and as County Welfare Director, I recommend that the
Board of Supervisors support AB 776.
PV:sjb
Gen 9c (New 3/86)
CALIFORNIA LEGISLATURE-1993-94 REGULAR SESSION
ASSEMBLY BILL No. 776
Introduced by Assembly Member Hannigan
i
February 24, 1993
4 An act to amend Sections 16500.5, -16500.7, and 16501.1 of;.
E:. and to add. Section, 16500.8 to, the Welfare and Institutions
Code, relating to children, making an appropriation therefor,
and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 776, as introduced, Hannigan. Family preservation
services.
Existing law provides for a statewide system of child
welfare services, including family reunification and family
maintenance Services,. administered by counties.
i r, # Existing law provides for a program permitting
participating counties to claim, on an annual basis, a
prescribed portion of the state's share of that county's Aid to.
Families..with Dependent Children-Foster Care (AFDC-FC).
program.General Fund expenditures in advance if the county
shows that it will conduct a program of family reunification
!, and family maintenance services for eligible families who
meetspecified criteria.
This 'bill would revise conditions of participation in the
r' program. The bill would also revise the class of eligible
recipients to include.those families with children who,instead
of having been declared a dependent child of the court, have
been placed by the court with the child's parent or guardian
under the supervision of a probation officer.
This bill would define family preservation services..
Existing law makes an appropriation by requiring,
commencing ,with the 1993-94 fiscal year, and until July 1,
99 90
I
AB 776 — 2-
1996,
- 2--1996, the department to transfer once, on a permanent basis,
funds from the category of General Fund moneys
appropriated for out-of-home placement to the category of
funding for local child .welfare . programs, according .to
specified criteria,.to be used by counties.for the provision-of
family preservation services, and establishing procedures for
reallocation of money for these services in subsequent years. '
This bill would revise the requirements of eligibility for
requesting the transfer,would expand the class of children for
whom the. services may.be provided to include wards of the
court, and would delete the repeal of those. provisions,
thereby ,increasing ..the period and scope of the .use:, of ,
aPrated.funds; and resultin pro-nptionPro .
The bill:,would 'require the State Department 'of Social
Services to seek. additional federal funds to finance family
preservation services, and would state the intent of the
Legislature that those additional funds shall supplement, not
supplant, existing General Fund support: for family
preservation services,
This bill would declare that it is to take effect immediately jO
as an urgency statute:
Vote: . %. Appropriation: yes. Fiscal committee:. yes.
State-mandated localp �'ro am: no.
The people of the State of.California do enaci� as foLtows:
1
..SECTION L Section 165005 of the Welfare and
2 Institutions Code is amended to read:
3; 16500.5. (a} (1) The Legislature hereby declares its
4 intent.to encourage the continuity of the,family unit by:
5 (A) (i) Providing #�► �s.to f or j
6 lintit etttle€Ahe , plaeeme of eMd tm=eugh et i
.7 _,6Mdren whe e&e at
8 ent e€ wed be eligible iff .�
A T..'T'1f�/i'��!'r r
9 if t were plate eet= e€ Oteit ow heffies
10. fly preservation services.
11 (ii} F'or purposes of this subdiv s on "family
.12 preservation. services" means intensive services for
13 families whose ehildren, without these.services, would be
14 subject to any of the following:
99 120
f
—3 — AB 776
t basis, 1 (I) Be at imminent risk of out-of-home placement.
zoneys 2 (H) Remain in 'existing out-of-home placement for
;ory of 3. longer periods of time.
ing . to 4 (III) Be placed .in a more restrictive out-of-home
sion of 5. placement
res for 6 (B) . Providing supportive services for those. children
years. :� '�:�►�' T .within the meaning.of Sections 360, 361 , and 364 when
ity for 8 they are returned to the family unit or when.a minor will
ren for 9 probably soon be within .the jurisdiction of the juvenile
of the . 10 court pursuant to Section 301.
visions, 11 .. . :(C) Providing ..counseling and support . designed to
Ise. of 12 eradicate the situation-that necessitated intervention.: _
3. : .(2) The.Legis lature,finds-that maintaining abused and
Social 14 . neglectedchildren in foster care grows increasingly
family 15 . costly each:year, and that adequate funding for familyy
:)f the 16 services which might enable these children to remain in
it., not 17 their homes is not as readily available as funding for foster
family 18 care placement.
19 (3) The Legislature further finds that other state
iiately '" 20 bodies have : addressed this problem through various
21 systems of .flexible reimbursement in child welfare.
yes. 22 programs that. . provide . .for. more intensive and
23 appropriate.services.to prevent foster care placement or
¢ 24 significantly.:reduce the length of stay in foster care.
ws: 25 (4) Accordingly, it is the intent of the Legislature in
26 enacting this section to establish. a system of flexible
and 27 reimbursement in.order to. evaluate its potential as an
. .28. efficient, economical, : and effective alternative to
res its 29 . out-of-home placement of children.
tit by: 30. (b) (1) (A) (i) Any county, subject,to the approval
84d eF 31 of the State Department of Social Services, may claim, on
32 . an annual basis, a portion of the state's share, and to the
T-e a i; ': 33 extent permitted, the federal share, . of that , county's
le:feT- 34 AFDC-FC, expenditures pursuant to subdivision: (d) of
�eeg 35 Section 11450 for children subject to Sections 300, 301,
36 360, 361, and 364, in advance, . provided the county
family 37 conducts a program of family reunification. and family
's for 38 .. maintenance . .services for families receiving these
1.4d be - 39 services pursuant to Sections 300, 301, 360, 364, and, as
40permitted by the department, children subject to
99 120 99 140
AB 776 --4—
k
Sections 601, 602, 726, and 727 of this code, and Section.
2 7572.5 of the Government Code.
3 (i%) The department or a participating county may
4 terminate I a county's participation in the program upon:
5 30 days' notice if the project is deemed unsuccessfulby
6 either party.
F
7 (iii) For each fiscal year 'of the project, a participating '
8 county may claim in advance an amount not to exceed an
9 actual dollar amount which shall not exeeed.25 percent of
10 the projected state's share, and to the ex1tent permitted,
11 the federal share,.of AFDC-FC fundsto be expended by
12 that county.pursuant to subdivision:(d), of Section 11450
.13., -for children subject to Sections 300,301, 360,`361;and-364.,
14 calculated for .the first year`of the project.
15 (iv) The specific amount of funds to be advanced each
16 year shall be determined by projecting thestate share of
17 AFDC-FC General Fund expenditures,.and to the.extent
18 permitted, the federal'share. of AFDC-FC expenditures
19 for abused or neglected children supervised and placed
20 -by the county welfare department pursuant to Sections '
21 3002 301, 360, 361, and 364, for each of the program .years
22 based upon state, and to I the extent permitted, federal
23 expenditures .for AFDC-FC for .the previous.five'years.
24 (B) 4 the eetr �s
25 a fie. #fie emtent 'per . eke fee
26 sh e 4 e`v+ —es; .a� to die
' 6tiiit
27 . f #fie .t_e he ee #
t
28 fnere peiee the � s '
29 feral e �
antoe ete,
30 perpitted, #fie f eder-al a e€ AFDGAP4 6mpeadituOes
31 for gmt fiseelyear, the 06HIRtY shaR ftind diet perms 6f
32 the e-verage a of pew ee� .�9E1 pee
33 If the sum` of a :participating county's total AFDC FC -
34 General Fund expenditures and, to the extent permitted,
35 the federal share of AFDC-FC expenditures for their
36 children, added . to the amount expended from the
37 advance to the county, is less than the i:otal projected
38 AFDC-FC General Fund expenditures and, to the extent
39 permitted, the federal share of AFDC-FC; expenditures
40 for their children for that fiscal year, the county shall
99 160
- 5 — AB 776
:«' 1 receive 25 percent of the amount of the savings.
Section 2 (2) A par4eipaiittg eowishare of empeftEIRtwes m
3 e*eessl of to preleeted tem may be redeeed open
ty may 4 approyal of the a er arti,;. emd the eftt
of
n upon 5 Fiftmee based of eeftst eraOeifl of afty tiftaftHeipa.#ed
ysful by IAp ejee edg
t; 7e*pe :
p g 8 Services wluc
;i atin h be. .p rovided under this
-{�}-
geed an g program may include,bumay t are.not limited to, counseling,
.cent of10 mental health treatment and substance abuse treatment
mitted, 11 services, parenting, respite, day treatment,
ded by 12 ;transportation, and homemaking. Each county that'.
11450 13,; :.:chooses to .provide mental health treatment and
a,a, 4, 14, substance abuse..treatment shall. identify and develop.
15 these services in consultation with county mental health
,ld each. 16:' 'treatment and substance abuse treatment agencies.
hare of 17 Additional services may include those enumerated in
extent 18 Sections 16546 and :16547.. The services to be provided
ditures 19 pursuant to this .section. may be determined by each
placed . 20 . participating county. Each county may contract with
l4 ,
ections: ; ' 21 individuals and organizations for services to be provided
n years 22 .pursuant- to this section.. Each county . shall utilize
federal 23 :`available private nonprofit resources in the county.prior
years. 24. to developing : new., county-operated resources when
1 25 these private nonprofit resources are of at least equal
' resources and shall
26 quahty.:and costs. as county-operated
27 utilize.available.county resources of.at least equal quality
40;.,Oy, 28 and cost"prior o new private nonprofit resources.
29 {4*
Fartcipating.. counties authorized by' this
31 subdivision shall provide specific programs of direct
32 services:based on individual family needs as .reflected in
33 the service plans to families of the following:
DC=FC
. - 34 (A) Children who are dependent children not taken
Witted, 35 from physical custody, of their parents. or guardians
r their � 36 : pursuant to Section 364. .,
m the 37 (B) Children who are dependent children removed
3jected -38 from the physical, custody of their parents or guardian
extent 39 pursuant to Section 361:
ditures . 40 (C) Children who lt.is determined will probably soon
y shall
99 170
99 160
AB 776 — 6 —
I
6 -
1 be within the jurisdiction of the juvenile court pursuant
2 to Section 301.
3 (D) Upon approval of the department, children who
4 have been adjudged wards of the court pursuant to
5 Sections 601 and 602.
.6 (E) Upon approval of: the department, families of
7 .children subject to Sections 726 and 727.
8 (F)..Upon approval of the department, children who
9 are deteirmined to require out-of-home placement
to :pursuant to Section 7572.5 of the. Government Code.
12 (4} The' services .shall only be provided to families
13 whose _ children will be .placed in out-of-home care
14 without: the provision of services or -to be children.who
15 can be. returned to their families. with the provision of
16 services.
17
18 (5} The services selected by any participating county
19 shall be reasonable and meritorious and shall
20 demonstrate cost effectiveness and success at avoiding
21, out-of--home placement;or reducing the length of stay in
22 out-of-home placement. A county shall.not expend more
23 funds for services under this subdivision than that
24 amount which would= be expended for pl?cement in
t,
25 out-of-home care.
26 { -}
27 (fi}. .,Tho, program in. each county shall. be deemed
28 successful if it meets th+e following standards:
29 .(A) . enables.farn:ilies to. resolve their Own problems,
30 effectively utilize service systems, and advocate for their ,
31 children in educational and social agencies.
32 (B) Enhancing fly functioning by building on
33 family strengths.
34 - }-
35 (G) At least 75 percent of the children receiving
36 services remain in their own home for stc months after
37 termination of services:
39 (D). During the first year after services are
40 terminated:
99 190
-7— AB 776
1. 1 i least
rsuant { ) At 60 percent of the children receiving
. 2 services remain at home one year after services are
a who 3 . terminated.
Mt to 4 (ii) The average length of stay in out-of-home care of
5 children selected to receive services who have already
ies of .,6 been removed from their home'. and placed in
7 out-of-home care is 50 percent less than the average
who 8 length of stay in.out-of home care of children who'do not
;merit 9•. receive program services.
de. 10 (C) :Two -years after the . termination of family
11 preservation services:
milies 12; . (i) The average length of out-of-home stay of children.
care 13 :,selected to receive services under this section who; at the
i.who _ 14 : .time of selection, are in out-of-home care, is 50 percent
ion of 15 less than the average length of stay in out-of-home care
lfi ' for children in .out-of--home care who do not receive
17 services pursuant to this section.
ounty 18 (ii) At least 60 percent of the children who were
shall19returned home pursuant to this section remain at home.
siding 20 '
;tay21 (T) Funds used for services provided under this
mare 22 . section :shall supplement, not supplant, childwelfare
that 23 services funds available for services pursuant to Sections
int in 24 16506 and 16507.
25 {9}
26 (8) Each county participating in the program
erred 27 authorized by this section shall only continue to utilize
28 the advance fund-clauning mechanism specified in
Vems; ' 29 paragraph . (1.) if. the .department finds the .county has
• their 30 :.'demonstrated the successful outcome of the county
31 program, based on. the criteria for success specified in
1 on 32 .par
g' agraph -{- }- (6)
33 +1*
34 .(9) The department shall submit a report to the
ivirig 35 Legislature that includes data from each participating
after 36 county`demonstrating to what extent each has met the
37 criteria specified in this section. An interim report shall
38 . be submitted by the department no later than six months
s are 39 ;_after the conclusion of the three pilot projects with a final
i
40 report to be submitted after pilot project completion.
99 190 99 210
AB 776 — 8 —
I
8 -
1 Programs authorized after the original pilot projects shall
2 submit data to the. department upon the department's
3 request. Subsequent reports to the Legislature on the
4 programs administered pursuant to this section shall be
5 included with the child welfare system report to the
6 Legislature. .
7 (c) (1) A county welfare department social worker or '1t
8 .. probation officer may, pursuant to an appropriate court
9 order, return a. dependent minor or ward of the court
10 .'removed.from the home pursuant to Section. 361 to his or
11 her. home, with appropriate interagency family
12 . preservation:. ro
p gram.services:.......... ..
.13 .- (2) . The. county probation department:HIAY, with the
14 approval. of the: State. Department of Social Services;
15 through an interagency agreement. with. the county
16 welfare department,. refer cases to the county welfare
17 ' department for the direct provision of services under this
18 subdivision.
19 (d) State foster care funds shall remain within the
20 administrative authority of the county welfare ;
21 , department.and shall be used only for placement services
22 or. .placement prevention . services or county welfare
23. department administrative . cost relatE.,d to the
24 interagency family preservation program.25 . ., .(e) To.. the extent permitted by federal law, any, 4_A
26 federal funds provided; for services to families and
27 children may.beutilized for the purposes S.of this sections
28 (f) A. county : may establish family. :preservation 2
29: programs that serve one or more geographic areas of the 2
30 county, subject to the approval of the State Department 3
31 of Social Services: 3
.32 SEC. 2. Section 16500.7 of the Welfare and Institutions 3
33 Code is amended to read: 3
34 16500.7. a 1 Commencing with the 1.993-94 fiscal " 3
( ) ( ) g '�y'
:35 year, each :county or city and county v0[th a family 3,
36 . preservation program pursuant to Section 16500.5, in 3'
37 operation at least #wee. two consecutive y-ars prior to 3
38 the year in which the transfer is to occur, may request the 3('
39 department to transfer, once, on a.permanent basis,funds 3'
40 from the category of General Fund moneys appropriated II.
`��� 41
A.
2WI�
99 nn 1
-9— AB 776
1 for out-of-home placement provided pursuant to
is shall 21 subdivision (d) of Section 11450 for children subject to
ment's 3 Section 300, 301, 360, 3612.or 364 for that county or city
an the
hall be .4 and county, to the category of child welfare services as
5 specified in subdivision 0) of Section 16501 for the
to the
6 purposes of providing family preservation services. The .
rker or 7 county shall make the request as- part of the annual
8 application lication and documentation submitted to the
court ,
court 9 department pursuant. to .Section 16500.5 .Commencing
his or 10 with the plan for ;the. 1993-94 fiscal year.
family 11 {2} Any county th,atserved children subject to Section
12 601. or 602, or Section 7572.5 .of:<the Government Code,
13 ;during the pilot phase.may.continue.to serve .the same
th the 14 populations after she permanent transfer described in
rvices ` .
,oty 15 flus section:
Welfare 16 (3) Subject to ;the approval of the department, a
er this 17 coumy may, at any time after the permanent transfer,
I.
18 request. a supplemental permanent transfer to serve
in the 19... additional populations of eligible children who were not
Welfare 20. served during. the pilot phase. The maximum amount
ielfar s 21 that may be. transferred.pursuant to this paragraph is
relfare 22 subject to the. limits speciRed in clause (iii) of
the 23 subparagraph (A) of paragraph (1) of subdivision (b) of
24 Section 16500.5.
25 4 For.an coon with an approved plan pursuant to
any ( } Y . t3', PP ,- P
s and
26 . Section 16500.5,the
a two:yearperiod`required
actioni 27 by paragr a Ph 1 ma , at the discretion . of the
. { } . Y
28 `department,:.include any year in which a. county has
nation reservation ro am ursuant to.
of the .29 operated a family, p P gi' p
*tment
30 Section 16500;5, which has been financed with county
31 funds. :
cations 32 {b) The amount identified for transfer pursuant to this
33 section shall be an amount up to �8 pereentof the highest
fiscal 34- annual amount spent pursuant to .Section 165005 and'
fiscal agreed to by both the county or city and county and the
0,5, infarnily 36 . department as sufficient to.maintain family preservation
rior to 37 services.at a level .which ensures the continuation of an
est the 38. appropriate level of family preservation services. on a
funds 39 permanent basis. This determination:.shall .be made on a.
►riated 40 .county-by-county basis, relying on the experience each
99
n
99 .2y
Y
AB 776 _ 10 -
1
10 --1 county has with conducting its program under 'Section
2 16500.5.
3 (c) Beginning with the fiscal year in which the
4. transfer takes place, each participating county or city and
5 county shallbe required to match these funds consistent
6 with the matching requirements in place for other �.
7 General Fund moneys appropriated and. allocated to
8 counties. for:child welfare,services provided pursuant to
9 Section 16501::
10 (d) Upon approval. of the transfer, the department
11 and the Department-,of Finance shall incorporate the
: 12 transferred funding into the base funding allocations in
13 later years. provided to the participating counties for
14 services provided under Section 16501.
15 .(e) For counties. receiving . transfers pursuant to
16 subdivision (a), the provisions of subdivision (b) of
17 . .Secti.on 16500.5,,including the ability to 'claim. additional
18 . advances on AFDC-FC funds in subparagraph (A) of that
19 section and the financial risk provisions in subparagraph f-
20 (B) of that section, shallno longer apply.
21 (f) {- - In enacting this section, the Legislature
22 establishes the commitment to provide the means ' by
23 which family preservation services may convert from
24 pilot projects as established in Chapter 105 cif the.Statutes
25 of 1988 .o ongoing permanent programs. However, in ....
26 order to assess the feasibility of the approach provided in
27 this section, the:Legislature liar provided or the repeal
28:. of this section.
2.9 see�iFw: 'heee e.. pe e.6
30 X99€, 4nd is repealed as of Jafiaar 1997, W&ss.a later.
31
w�ieh beeefes e e
32' -1-4997 deletes eff emteads the &Ae en -Ovhieh it
33 is rep • 45t
34 SEC. 3. Section 16500.8 is added to the: Welfare and
35. Institutions Code, to read:
36 16500.8. (a) The department shall, in. consultation
37 with the County Welfare Directors Association, seek
38 additional federal revenues to finance! the . .family
39preservation activities described in Section 16500.7: _
40 Those revenue sources shall include, but need not be
99 zro.
- 11 — AB 776
:
1 limited to; all of the following:
g
2 (1) Title IV-A of the federal Social Security Act,
the . 3 . contained in Part A. (commencing with Section 601.) of
and 4. Subchapter 4 of Chapter 7 of Title 42 of the United States
tent 5 Code.
ther 6. 1 .(2) Title IV-E ..of the federal Social Security Act
to 7 contained in Part E (commencing with Section 670), of
it to 8 Subchapter 4 of Chapter 7 of Title 42 of the United States
9 Cole:
lent 10 (3) Title XIX of the federal Social Security Act,
the 11 contained. in Subchapter 19 (commencing with. Section
Ls 12 1396) of Chapter 7 of Title 42 of the United. States Code. n
for .13 . .(b). .,It . is. the. intent of the Legislature that any
14, additional funds received pursuant to this section shall
to 15 supplement, and not supplant, existing General Fund
I of 16 support for family preservation services.
anal 17 SEC. 4. Section 16501:1 of the Welfare and Institutions
that 18 Code is amended to read:
aph 19 16501.1. (a) The Legislature, finds and declares that
' .20 the foundation and.central unifying tool in child welfare
r ire
21 services is the case plan. .
by 22 (b) The Legislature further finds and declares that a .
rom 23 case plan ensures that the child receives protection and
sites 24 proper case management, and that services are provided
•; in
25.. to the parents or other caretakers as appropriate. A case
d in 20 . :plan shall be based upon the pririciples of:this section and
:peal 27 shall document that a. preplacement assessment of the
28 service.needs of the child and family, and preplacement
29 ..preventive services, have been provided, and that
30 ...reasonable. efforts to prevent out-of-home placement
a 31 have.been made.
: .
32 . (c) When out-of-home placement is used to attain case
f�.., .33 plan goals, the decision regarding choice of placement.
and 34 shallbe based upon selection of the least restrictive or
. 35. most familylike setting, selection of the environment best
,cion : 36 suited to meet the child's special needs and best interests,
eek 37 or both. The.selection shall consider, in order of priority,
- y 38 placement with relatives, tribal members, and foster
10
.7: 39: family, group care, and residential treatment pursuant to
be 40 Section 275 of the Civil Code.`
270
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AB 776 — 12 -
1 (d) A written case plan shall be completed within 30 Tt
2 days of the initial removal of the child or of the in-person
3 response required under subdivision (f) of Section 16501
4 if the child has not been removed from his or `her home,
5 or by the date of the dispositional hearing
6 pursuant to Section 4". 358, whichever occurs .first. The.
7 case plan shall be updated, as the service needs of the
8 child and.family dictate. At a minimum, the case plan
9 shall be. updated in conjunction with each status review.
10 hearing conducted :pursuant. to Section 366.2:1, and the
11 . hearing conducted :pursuant to.Section 366:25 or 366.26,
12 but no. less frequently than once every six months.
13 (e) . The ..child welfare services case plan : shall .. be
I4compreher%sive enough to meet the juvenile court
. 15 dependency proceedings requirements pursuant to
16 Article 6. (commencing with Section 300) of Chapter 2 of
17P
art 1 of Division 2.
18 (f) The case.plan shall be developed as follows:
19 (1) The case.plan shall be based upon an assessment of
20 the circumstances which required child welfare services
21 intervention. .1.
M. (2) The case plan shall identify specific goals; and the
23 appropriateness of the planned.services in meeting those
24: .goals.
25 (3) The ca.se:.plan shall identify the original allegations
26 of abuse or: neglect, as. defined in Article. 2.5,
27 commencin with:Section`11164 of Chapter 2 of Title
( g ) P
28 1 of Part 4.of the Penal Code,. or the conditions cited as
{ � 29 the basis for declaring the child a dependent of the court
30 . pursuant to .Section 300, or all of these, and the other
31 precipitating incidents which led to child welfare
32 services intervention.
33 (4) The case plan .shall include a description of the
34 schedule of the social worker contacts with thy-. child and
35 the family or other caretakers. The frequency of these
,. 36 contacts shall be in accordance with regulations adopted
37, by the State Department of Social.Services..
38 (5) When out-of-home services are used, the
3.9 frequency of contact between the natural parents or legal 3
40 guardians and the child shall be specified in the case plan. q
t
99 3W
- 13 — AB 776
:1 30 1 The frequency of those contacts shall reflect overall case
-son 2 goals, and consider other principles outlined in, this
1501 3 section.
ane, . 4 (6) When out-of--home services are,used, the case plan
cMg 5 shall ' include a recommendation regarding the
The 6 appropriateness of unsupervised:visitation.between the
the T
7 child and any . of the child's siblings. This
elan 8 recommendation.shall..include a statement regarding the
iew 9 child's and the siblings' willingness to, participate in
the 10 unsupervised visitation. . If . the case plan includes.. a
i.26, 11: recommendation for unsupervised sibling visitation, the
12 plan` shall also ' note : that information necessary to
be 13 accomplish this visitation has been provided to the child
,urt 14 or to the child's siblings:
to 15 (7) Parents, and. legal guardians .-shallhave an
of 16 opportunity to review the case plan, sign it whenever
.17 possible, and then shall receive a copy of the plan..In any
18 voluntary service or placement agreement, the parents
t of 19 or legal guardians shall be required to review and sign the
:ces s Y 20 case . plan. Whenever possible, parents and legal.
21 guardians shall participate in.the development.of the case
the . 22 plan.
ose .23 .(8) The case planshall be included in the court report
f�~; 24 and shall be considered by the court at the initial hearing
ons. l .: 25. and each review hearing. Modifications to the case plan
2.5,- 26 made. during the period between review,.hearings need
itle . 27 not be approved by the court if the casework supervisor
F as 28 for that case determines that the' modifi ations further
,urt 29 the goals of the plan.
her-` 30 (g) if the court finds, after considering the. case plan,
are 31 that unsupervised sib ,ling visitation is appropriate and has
32 been consented to, the court shall order that the child or
the .33 the child's siblings be provided with information
and �" ^ .34 necessary to accomplish this visitation. Nothing in this
ese 35 section shall be. construed .to require or prohibit the
ted 36 probation officer's facilitation, transportation, or
37 supervision of visits between the child. and his or her
the. 38. siblings:
:gal 39 SEC. 5. . This act is an urgency statute necessary for
an.. 44 the immediate preservation of the public peace, health,
a
300 z�n
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AB 776 --- 14--
i
1 or safety within the meaning of .Article IV of the
2 Constitution and shall go into immediate effect. The facts
3 constituting the necessity are:
4 In order to facilitate the timely administration of the
5 provisions. of,this act with respect to the` 1993-94`fiscal
6 year, and'so provide needed services to families as soon
7 as ossible it is' necessary that this act take effect 4.
p ry
8 immediately.
1
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a
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