SB 1421

Introduced by Senator McGuire
An act to amend Section 10601.2 of the Welfare and Institutions Code, relating to child welfare.
child welfare
California Child and Family Service Review System: nonminor dependents.
Existing law requires the State Department of Social Services to establish the California Child and Family Service Review System in order to review all county child welfare systems, including child protective services, foster care, adoption, family preservation, family support, and independent living. Existing law requires the review system outcome indicators to be consistent with the federal child and family service review measures and standards for child and family outcomes and system factors, as specified.
This bill would require the review system to include data measures related to utilization of programs for nonminor dependents that are
			 designed to reduce poverty, and would require the department to conduct a comprehensive review of county performance on those measures, as specified.
The people of the State of California do enact as follows:
SECTION 1.
Section 10601.2 of the
Welfare and Institutions Code
 is amended to read:
10601.2.
(a) The State Department of Social Services shall establish, by April 1, 2003, the California Child and Family Service Review System, in order to review all county child welfare systems. These reviews shall cover child protective services, foster care, adoption, family preservation, family support, and independent living.
(b) Child and family service reviews shall maximize compliance with the federal regulations for the receipt of money from Subtitle E (commencing with Section 470) of Title IV of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.) and ensure compliance with state plan requirements set forth in Subtitle B (commencing with Section 421) of Title IV of the federal
						Social Security Act (42 U.S.C. Sec. 621 et seq.).
(c) (1) The California Health and Human Services Agency shall convene a workgroup comprised of representatives of the Judicial Council, the State Department of Social Services, the State Department of Health Care Services, the State Department of Education, the Department of Justice, any other state departments or agencies that the California Health and Human Services Agency deems necessary, the County Welfare Directors Association of California, the California State Association of Counties, the Chief Probation Officers of California, the California Youth Connection, and representatives of California tribes, interested child advocacy organizations, researchers, and foster parent organizations. The workgroup shall establish a work plan by which child and family service
						reviews shall be conducted pursuant to this section, including a process for qualitative peer reviews of case information.
(2) At a minimum, in establishing the work plan, the workgroup shall consider any existing federal program improvement plans entered into by the state pursuant to federal regulations, the outcome indicators to be measured, compliance thresholds for each indicator, timelines for implementation, county review cycles, uniform processes, procedures and review instruments to be used, a corrective action process, and any funding or staffing increases needed to implement the requirements of this section. The agency shall broadly consider collaboration with all entities to allow the adequate exchange of information and coordination of efforts to improve outcomes for foster youth and families.
(d) (1) The California Child and Family Service Review System outcome indicators shall be consistent with the federal child and family service review measures and standards for child and family outcomes and system factors authorized by Subtitle B (commencing with Section 421) and Subtitle E (commencing with Section 470) of Title IV of the federal Social Security Act and the regulations adopted pursuant to those provisions (Parts 1355 to 1357, inclusive, of Title 45 of the Code of Federal Regulations).
(2) During the first review cycle pursuant to this section, each county shall be reviewed according to the outcome indicators established for the California Child and Family Service Review System.
(3) For subsequent reviews, the workgroup shall consider whether
						to establish additional outcome indicators that support the federal outcomes and any program improvement plan, and promote good health, mental health, behavioral, educational, and other relevant outcomes for children and families in California’s child welfare services system.
(4) The workgroup shall convene as necessary to update the outcome indicators described in paragraph (1).
(e) The State Department of Social Services shall identify and promote the replication of best practices in child welfare services delivery to achieve the measurable outcomes established pursuant to subdivision (d).
(f) The State Department of Social Services shall provide information to the Assembly and Senate Budget Committees and appropriate
						legislative policy committees annually, beginning with the 2002–03 fiscal year, on all of the following:
(1) The department’s progress in planning for the federal child and family service review to be conducted by the United States Department of Health and Human Services and, upon completion of the federal review, the findings of that review, the state’s response to the findings, and the details of any program improvement plan entered into by the state.
(2) The department’s progress in implementing the California child and family service reviews, including, but not limited to, the timelines for implementation, the process to be used, and any funding or staffing increases needed at the state or local level to implement the requirements of this section.
(3) The findings and recommendations for child welfare system improvements identified in county self-assessments and county system improvement plans, including information on common statutory, regulatory, or fiscal barriers identified as inhibiting system improvements, any recommendations to overcome those barriers, and, as applicable, information regarding the allocation and use of the moneys provided to counties pursuant to subdivision (i).
(g) Effective April 1, 2003, the existing county compliance review system shall be suspended to provide to the State Department of Social Services sufficient lead time to provide training and technical assistance to counties for the preparation necessary to transition to the new child and family service review system.
(h) Beginning January 1, 2004, the department shall commence individual child and family service reviews of California counties. County child welfare systems that do not meet the established compliance thresholds for the outcome measures that are reviewed shall receive technical assistance from teams made up of state and peer-county administrators to assist with implementing best practices to improve their performance and make progress toward meeting established levels of compliance.
(i) (1) To the extent that funds are appropriated in the annual Budget Act to enable counties to implement approaches to improving their performance on the outcome indicators under this section, the department, in consultation with counties, shall establish a process for
						allocating the funds to counties.
(2) The allocation process shall take into account, at a minimum, the extent to which the proposed funding would be used for activities that are reasonably expected to help the county make progress toward the outcome indicators established pursuant to this section, and the extent to which county funding for the child abuse prevention and treatment program is aligned with the outcome indicators.
(3) To the extent possible, a county shall use funds in a manner that enables the county to access additional federal, state, and local funds from other available sources. However, a county’s ability to receive additional matching funds from these sources shall not be a determining factor in the allocation process established pursuant to this
						subdivision.
(4) The department shall provide information to the appropriate committees of the Legislature on the process established pursuant to this subdivision for allocating funds to counties.
(j) (1) Counties shall continue to be responsible for and accountable to the department for child welfare program performance measures, including all of the following:
(A) The outcome and systemic factor measures contained in the United States Department of Health and Human Services Child and Family Services Review Procedures
						Manual, Appendix B, Index of Outcomes and Systemic Factors, and Associated Items and Data
						Indicators, issued pursuant to Sections 1355.34(b) and 1355.34(c) of Title 45 of the Code of Federal Regulations.
(B) Information and other requirements necessary for the California Child and Family Service Review System, as required pursuant to this section.
(C) Monthly caseworker visits with a child in care.
(D) Timeliness to begin an investigation of allegations of child abuse or neglect.
(E) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), other performance measures resulting from new federal mandates or
						court decrees as specified in an all-county letter issued by the department.
(2) The department shall monitor, on an ongoing basis, county performance on the measures specified in paragraph (1).
(3) At least once every five years, the department shall conduct a comprehensive review of county performance on the measures specified in paragraph (1) and subdivision (m).
(4) (A) The department shall periodically update the process guides utilized by counties to prepare the self-assessments and system improvement plans to promote implementation and evaluation of promising practices and use of data.
(B) The process guides also shall include, but not
						be limited to, both of the following:
(i) County evaluation of demographics for the children and families served and effectiveness of the system improvement activities for these populations.
(ii) A description of the process by which the department and counties shall develop mutually agreed upon performance targets for improvement.
(5) The department, in consultation with counties, shall develop a process for resolving any disputes regarding the establishment of appropriate targets pursuant to the process provided in paragraph (4).
(6) A county shall submit an update to the department, no less than annually, on its progress in achieving improvements from
						the county’s baseline for the applicable measure. The department may
						require a county that has not met its performance targets to submit and implement a corrective action plan, as determined by the director.
(k) Beginning in the 2011–12 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities required under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(l) Subject to an appropriation by the Legislature in the annual Budget Act or another statute for these purposes, the California Child and Family Service Review System shall include data from the Child and Adolescent Needs and Strengths (CANS) assessment tool, and may include other behavioral health data that is readily available to the department and
						determined by the department to be relevant. The department may consider feedback from relevant stakeholders, including, but not limited to, researchers, county representatives, advocates, and individuals with lived experience, in determining which additional relevant data to include.
(m) The California Child and Family Service Review System shall include data measures related to utilization of programs for nonminor dependents that are designed to reduce poverty, including, but not limited to,
						the Free Application for Federal Student Aid (FAFSA) and enrollment in postsecondary education and vocational education. The department may consider feedback from relevant stakeholders, including, but not limited to, researchers, county representatives, advocates, and individuals with lived experience, in determining which additional relevant data to include.