HomeMy WebLinkAboutMINUTES - 04032007 - C.57 w
-
TO: BOARD OF SUPERVISORS �?�-��t �=��:. Contra
FROM: JOHN CULLEN, 41,1,% Costa
County Administrator A J
�eUKG �o
A�
County
DATE: April 3, 2007
Sr9-
SUBJECT: POSITION ON AB 1494 (DeSaulnier)— Foster Care, Group Homes
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
SUPPORT AB 1494 (DeSaulnier), a bill to expand the definition of a group home to include a
nondetention licensed residential care home operated by Contra Costa County, as recommended by
Dr. Walker, Director of Health Services, and Joe Valentine, Director of the Employment and Human
Services Department.
FISCAL IMPACT:
The County is already able to claim AFDC-FC benefits for eligible foster children in a non-County run
placement. However, this bill would allow the County to claim AFDC-FC benefits for these children in
a County-run residential care home.
BACKGROUND:
The County's 2007 State Legislative Platform includes the following sponsored bill proposal:
Children's Prevention Services — It is generally accepted that prevention programs are more cost-
effective than safety net services and also better public policy, to the extent that more children
become healthy, productive members of society as adults. However, most federal and state
programs fund safety net services, not prevention services. Contra Costa County has taken the
leadership in a variety of venues to create continuums of care that include prevention, early
intervention, safety net and remediation services.
The County Administrator's Office is currently analyzing the County's system of care for children to
identify opportunities for increased efficiency and effectiveness. Preliminary results should be
available by early January, which would leave sufficient time for introduction of a spot bill. This would
give the County time to refine the proposal and still meet legislative deadlines.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):S"- '199�7 � —11)
ACTION OF BO ON p( p'3 O" APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON MINUTES OF
yt UNANIMOUS(ABSENT
THE BOARD OF SUPERVISORS ON THE DATE SHOWN.
'p��j'f���„'�' � )
AYES: NOES:
ABSENT: ABSTAIN:
Contact:
Cc:
L. DeLaney5-1097
ATTESTED /
S. Hoffman,CAO's Office JOHN CULL N,CLEA F THE BOARD OFSUPERVISORS
J.Valentine, EHSD
D.Wigand,HSD
W.Walker,HSD BY: DEPUTY
C.Christian,via CAO's Office e",\
AB 1494—Foster Care (Group Homes)., p.2
April 3, 2007
The analysis of the opportunities for increases efficiency and effectiveness in the County's system of
care for children has given rise to AB 1494, which Assemblyman DeSaulnier has agreed to carry on
our behalf.
Existing law requires a child to be placed in one of various placements, including a licensed group
home, in order to be eligible for AFDC-Foster Care benefits. AB 1494 would expand the definition of
a group home to include a non-detention licensed residential care home operated by the County of
Contra Costa with a capacity of up to 25 beds, that provides quality services to children in need of
care and supervision.
Contra Costa County has a growing number of high-risk and emotionally disturbed adolescent
females, many of whom have been sexually exploited. By expanding the definition of a group home to
include a care home operated by the County, AB 1494 will significantly enhance our ability to serve
these youth in a safe and therapeutic setting through a unique collaboration of public agencies with
mutual vision and strategies.
AB 1494 offers an opportunity to demonstrate a unique alternative method and procedure of
administration of a group home.
CALIFORNIA LEGISLATURE-2007—O8 REGULAR SESSION
ASSEMBLY BILL No. 1494
Introduced by Assembly Member DeSaulnier
February 23, 2007
An act to amend Section 11400 of the Welfare and Institutions Code,
relating to foster care.
LEGISLATIVE COUNSEL'S DIGEST
AB 1494, as introduced, DeSaulnier. Foster care: group homes.
Existing law establishes the Aid to Families with Dependent
Children-Foster Care (AFDC-FC) program, under which counties
provide payments to foster care providers on behalf of qualified children
in foster care.The program is funded by a combination of federal,state,
and county funds, with moneys from the General Fund being
continuously appropriated to pay for the state's share of AFDC-FC
costs. Existing law requires a child to be placed in one of various
placements,including a licensed group home,in order to be eligible for
AFDC-FC benefits.Existing law defines a group home as a nondetention
privately operated residential home, organized and operated on a
nonprofit basis only, or a nondetention licensed residential care home
operated by the County of San Mateo with a capacity of up to 25 beds,
that provides specified services to children in a group setting.
This bill would expand the definition of a group home to include a
nondetention licensed residential care home operated by the County of
Contra Costa with a capacity of up to 25 beds,that provides the specified
services. This bill would provide that no appropriation would be made,
for purposes of funding the bill pursuant to the provision continuously
appropriating funds for the AFDC-FC program.
99
AB 1494 —2—
The
2—The bill would make legislature findings and declarations regarding
the research of a special statute.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 11400 of the Welfare and Institutions
2 Code, as amended by Chapter 630 of the Statutes of 2005, is
3 amended to read:
4 11400. For the purposes of this article,the following definitions
5 shall apply:
6 (a) "Aid to Families with Dependent Children-Foster Care
7 (AFDC-FC)"means the aid provided on behalf of needy children
8 in foster care under the terms of this division.
9 (b) "Case plan" means a written document that, at a minimum,
10 specifies the type of home in which the child shall be placed, the
11 safety of that home, and the appropriateness of that home to meet
12 the child's needs. It shall also include the agency's plan for
13 ensuring that the child receive proper care and protection in a safe
14 environment, and shall set forth the appropriate services to be
15 provided to the child, the child's family, and the foster parents, in
16 order to meet the child's needs while in foster care, and to reunify
17 the child with the child's family. In addition,the plan shall specify
18 the services that will be, provided or steps that will be taken to
19 facilitate an alternate penni anent plan if reunification is not possible.
20 (c) "Certified family home"means a family residence certified
21 by a licensed foster family agency and issued a certificate of
22 approval by that agency as meeting licensing standards, and used
23 only by that foster family agency for placements.
24 (d) "Family home"means the family residency of a licensee in
25 which 24-hour care and supervision are provided for children.
26 (e) "Small family home" means any residential facility, in the
27 licensee's family residence, which provides 24-hour care for six
28 or fewer foster children who have mental disorders or
29 developmental or physical disabilities and who require special care
30 and supervision as a result of their disabilities.
31 (f) "Foster care"means the 24-hour out-of-home care provided
32 to children whose own families are unable or unwilling to care for
99
-3— AB 1494
1 them, and who are in need of temporary or long-term substitute
2 parenting.
3 (g) "Foster family agency"means any individual or organization
4 engaged in the recruiting,certifying,and training of,and providing
5 professional support to,foster parents,or in finding homes or other
6 places for placement of children for temporary or permanent care
7 who require that level of care as an alternative to a group home.
8 Private foster family agencies shall be organized and operated on
9 a nonprofit basis.
10 (h) "Group home" means a nondetention privately operated
11 residential home,organized and operated on a nonprofit basis only,
12 of any capacity, or a nondetention licensed residential care home
13 operated by the County�of San Mateo or the County of Contra
14 Costa, with a capacity of up to 25 beds, that provides services in
15 a group setting to children in need of care and supervision, as
16 required by paragraph (1) of subdivision (a) of Section 1502 of
17 the Health and Safety Code.
18 (i) "Periodic review" means review of a child's status by the
19 juvenile court or by an administrative review panel, that shall
20 include a consideration of the safety of the child, a determination
21 of the continuing need for placement in foster care, evaluation of
22 the goals for the placement and the progress toward meeting these
23 goals,and development of a target date for the child's return home
24 or establishment of alternative permanent placement.
25 0) "Permanency planning hearing"means a hearing conducted
26 by the juvenile court in which the child's future status, including
27 whether the child shall be returned home or another permanent
28 plan shall be developed, is determined.
29 (k) "Placement and care" refers to the responsibility for the
30 welfare of a child vested in an agency or organization by virtue of
31 the agency or organization having(1)been delegated care,custody,
32 and control of a child by the juvenile court,(2)taken responsibility,
33 pursuant to a relinquishment or termination of parental rights on
34 a child,(3)taken the responsibility of supervising a child detained
35 by the juvenile court pursuant to Section 319 or 636, or(4) signed
36 a voluntary placement agreement for the child's placement; or to
37 the responsibility designated to an individual by virtue of his or
38 her being appointed the child's legal guardian.
99
AB 1494 —4-
1
4-1 (0 "Preplacement preventive services" means services that are
2 designed to help children remain with their families by preventing
3 or eliminating the need for removal.
4 (m) "Relative" means an adult who is related to the child by
5 blood, adoption, or affinity within the fifth degree of kinship,
6 including stepparents, stepsiblings, and all relatives whose status
7 is preceded by the words;"great," "great-great," or"grand" or the
8 spouse of any of these persons even if the marriage was terminated
9 by death or dissolution.
10 (n) "Nonrelative extended family member" means an adult
11 caregiver who has an established familial or mentoring relationship
12 with the child, as described in Section 362.7.
13 (o) "Voluntary placement" means an out-of-home placement
14 of a child by (1) the county welfare department after the parents
15 or guardians have requested the assistance of the county welfare
16 department and have signed a voluntary placement agreement; or
17 (2) the county welfare department licensed public or private
18 adoption agency, or the department acting as an adoption agency,
19 after the parents have requested the assistance of either the county
20 welfare department,the licensed public or private adoption agency,
21 or the department acting as an adoption agency for the purpose of
22 adoption planning, and have signed a voluntary placement
23 agreement.
24 (p) "Voluntary placement agreement"means a written agreement
25 between either the county welfare department, a licensed public
26 or private adoption agency,or the department acting as an adoption
27 agency, and the parents or guardians of a child that specifies, at a
28 minimum, the following:
29 (1) The legal status of the child.
30 (2) The rights and obligations of the parents or guardians, the
31 child, and the agency in which the child is placed.
32 (q) "Original placement date" means the most recent date on
33 which the court detained a child and ordered an agency to be
34 responsible for supervising the child or the date on which an agency
35 assumed responsibility for a child due to termination of parental
36 rights, relinquishment, or voluntary placement.
37 (r) "Transitional housing placement facility" means either of
38 the following:
39 (1) A community care facility licensed by the State Department
40 of Social Services pursuant to Section 1559.110 of the Health and
99
• 1 I
—5— AB 1494
1 Safety Code to provide transitional housing opportunities to persons
2 at least 16 years of age, and not more than 18 years of age unless
3 they satisfy the requirements of Section 11403, who are in
4 out-of-home placement under the supervision of the county
5 department of social services or the county probation department,
6 and who are participating in an independent living program.
7 (2) A facility certified to provide transitional housing services
8 pursuant to subdivision(e)of Section 1559.110 of the Health and
9 Safety Code.
10 (s) "Transitional housing placement program"means a program
11 that provides supervised housing opportunities to eligible youth
12 pursuant to Article 4(commencing with Section 16522)of Chapter
13 5 of Part 4.
14 (t) "Whole family foster home"means a family home,approved
15 relative caregiver or nonrelative extended family member's home,
16 or certified family home that provides foster care for a minor parent
17 and his or her child, and is specifically recruited and trained to
18 assist the minor parent in developing the skills necessary to provide
19 a safe, stable, and permanent home for his or her child. The child
20 of the minor parent need not be the subject of a petition filed
21 pursuant to Section 300 to qualify for placement in a whole family
22 foster home.
23 (u) This section shall become operative on January 1, 2008.
24 SEC. 2. No appropriation pursuant to Section 15200 of the
25 Welfare and Institutions,Code shall be made for the purposes of
26 funding this act.
27 SEC. 3. The Legislature finds and declares that,because of the
28 unique circumstances applicable to the County of Contra Costa
29 concerning foster care placements,a statute of general applicability
30 cannot be enacted within the meaning of subdivision(b)of Section
31 16 of Article IV of the California Constitution,and,therefore,this
32 special statute is necessary.
O
99