California Assembly Bill AB295 Amended / Bill

 BILL NUMBER: AB 295AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 1, 2009 AMENDED IN ASSEMBLY MARCH 9, 2009 INTRODUCED BY Assembly Member Ammiano FEBRUARY 17, 2009 An act to amend Sections 16124, 18250, 18251, 18253, 18253.5, 18254, 18255, 18256, and 18256.5 of, and to amend the heading of Chapter 4 (commencing with Section 18250) of Part 6 of Division 9 of,  and to add Section 18258 to,  the Welfare and Institutions Code, relating to public social services. LEGISLATIVE COUNSEL'S DIGEST AB 295, as amended, Ammiano. Children: wrap-around and adoption services. (1) Existing law requires, upon appropriation by the Legislature of funds for this purpose, that the State Department of Social Services establish a 3-year project in 4 counties, including San Francisco and Los Angeles Counties, and one state district office, and further requires that funding to those counties from appropriations in the annual Budget Act be used to provide funding for preadoption and postadoption services to ensure the successful adoption of a targeted population of children who have been in foster care 18 months or more. Existing law requires the department to work with counties to develop requirements for the project, and to provide information on the results of the project to the Legislature, by November 30, 2010. This bill would extend the availability of funds appropriated for the specified adoption activities to June 30, 2010, and would also extend the date for the department to provide the related information to the Legislature to May 31, 2011. (2) Under existing law, the State Department of Social Services administers a pilot project that authorizes a county to develop and implement a plan for providing wrap-around services designed to enable children who would otherwise be placed in a group home setting to remain in the least restrictive, most family-like setting possible. The pilot project  also  imposes  specified evaluation and reporting requirements for participating counties, and  training requirements for staff in participating counties.  These provisions require each participating county to conduct an evaluation to determine the   cost-effectiveness and treatment effectiveness of specified outcomes, including academic performance, and to file periodic reports containing prescribed information with the appropriate committees of the Legislature and the department for the purpose of assessing the effectiveness of the pilot program.  This bill would remove the designation of this program as a pilot project and make conforming changes.  This bill would delete the requirement that the evaluation conducted by a participating county consider the cost-effectiveness and treatment effectiveness of the outcome of academic performance, and would, instead, require it to consider the outcome of stability in the least restrictive school placement.   This bill would require that the periodic reports filed by a participating county also include consideration of the impact of wrap-around services on improving performance in applicable California Child and Family Service Review System outcome indicators, such as safety, permanency, and child well-being.   (3) Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which health care services are provided to qualified low-income persons.   Existing law creates the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which a combination of federal, state, and county funds are used to provide reimbursement to families and facilities providing foster care to eligible children.   Existing law requires the State Department of Social Services to administer the Adoption Assistance Program, under which aid is provided to persons adopting children, based on the needs of those children.   Existing federal law establishes the Independent Living Program for foster youth to be administered by counties with federal and state funds.   This bill would require that a child that is otherwise categorically eligible for Medi-Cal benefits without a share of cost due to being a recipient of benefits under the AFDC-FC program or the Adoption Assistance Program shall remain eligible for Medi-Cal benefits for the time specified in the child's individualized services plan established pursuant to the Wrap-Around Services Program, as prescribed.   This bill would also require that a child who reaches 16 years of age while receiving wrap-around services be eligible to request and receive independent living services pursuant to the Independent Living Program.  Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 16124 of the Welfare and Institutions Code is amended to read: 16124. (a) (1) Upon the appropriation of funds by the Legislature for the purposes set forth in this section, the State Department of Social Services shall establish a project in four counties and one state district office of the department to provide preadoption and postadoption services to ensure the successful adoption of children and youth who have been in foster care 18 months or more, are at least nine years of age, and are placed in an unrelated foster home or in a group home. (2) The participating entities shall include the following: (A) City and County of San Francisco. (B) County of Los Angeles. (C) Two additional counties and one state district office, based on criteria developed by the department in consultation with the County Welfare Directors Association, which shall demonstrate geographic diversity. (3) A county that elects to apply for funding pursuant to this section shall submit an application to the department no later than a date determined by the department to ensure timely allocation of funds. The department shall review the applications received, and select the eligible counties in accordance with this section. (b) Each entity identified pursuant to paragraph (2) of subdivision (a) shall receive funding to provide preadoption and postadoption services to the adoptive parents and the targeted population identified in paragraph (1) of subdivision (a). (1) Preadoption and postadoption services for the child and each family may include, but shall not be limited to, all of the following: (A) Individualized or other recruitment efforts. (B) Postadoption services, including respite care. (C) Behavioral health services. (D) Peer support groups. (E) Information and referral services. (F) Other locally designed services, as appropriate. (G) Relative search efforts. (H) Training of adoptive parents, foster youth, or mentoring families. (I) Mediation services. (J) Facilitation of siblings in the same placement. (K) Facilitation of postadoption contact. (L) Engaging youth in permanency decisionmaking. (M) Any service or support necessary to resolve any identified barrier to adoption. (2) The services specified in paragraph (1) may be provided directly by the county, contracted for by the county, or provided through reimbursement to the family, as approved by the county. (c) The amount of funding provided in the appropriation of funds provided by the annual Budget Act to each county participating in the project shall be allocated as follows: (1) Seven hundred fifty thousand dollars ($750,000) to the City and County of San Francisco. (2) One million two hundred fifty thousand dollars ($1,250,000) to the County of Los Angeles. (3) A total of two million dollars ($2,000,000), to be awarded to the two additional counties and the district office selected pursuant to subparagraph (C) of paragraph (3) of subdivision (a), minus any funds subtracted by the department for the purpose of administering the project. The amount of funds provided to the department for administration of the project, including the costs of collecting and analyzing data pursuant to subdivision (h) and developing the information pursuant to subdivision (i), shall not exceed three hundred thousand dollars ($300,000). (4) If the appropriated amount in the annual Budget Act differs from the total amount specified above, then the funds shall be distributed in the same proportion as the amounts listed in paragraphs (1) to (3), inclusive. (d) Funds shall be allocated to the counties pursuant to subdivision (c) no later than January 1 of each year, and shall remain available for expenditure until June 30, 2010. (e) (1) The department shall seek approval for any federal matching funds that may be available to supplement the project. (2) The implementation of the project shall not be dependent upon the receipt of federal funding. (3) Project funds shall supplement, and not supplant, existing federal, state, and local funds, and shall be used only in accordance with the terms and conditions of the project. (4) No expenditure made for services specified in subdivision (b) may be made to the extent that it renders the family ineligible for federal adoption assistance. (f) The project shall be implemented only upon the adoption of a resolution adopted by each county board of supervisors. (g) The department shall work with the counties to develop the requirements for the project, including the number of families that may participate in the project, given the available resources, and guidelines for data collection, as required by subdivision (h). (h) (1) The department shall work with the participating county and the state district office to analyze the effects of the project. (2) Measures assessed by the state and counties shall include, but shall not be limited to, the following: (A) The extent to which the adoptions of the targeted population identified in paragraph (1) of subdivision (a) increased as a result of the project. (B) The number of families and children served by the project. (C) The type and amount of preadoption and postadoption services that were provided to children and families under the project. (i) The department shall provide information to the Legislature on the results of the project by May 31, 2011. (j) Adoption programs in the project counties shall be encouraged to create public-private partnerships with private adoption agencies to maximize their success in improving permanent outcomes for older foster youth. SEC. 2. The heading of Chapter 4 (commencing with Section 18250) of Part 6 of Division 9 of the Welfare and Institutions Code is amended to read: CHAPTER 4. COUNTY WRAP-AROUND SERVICES PROGRAM SEC. 3. Section 18250 of the Welfare and Institutions Code is amended to read: 18250. (a) It is the intent of the Legislature that all counties be authorized to provide children with service alternatives to group home care through the development of expanded family-based services programs. These programs shall include individualized or "wrap-around" services, where services are wrapped around a child living with his or her birth parent, relative,  nonrelative extended family member as defined in Section 362.7,  adoptive parent, licensed or certified foster parent, or guardian. The wrap-around services developed under this section shall build on the strengths of each eligible child and family and be tailored to address their unique and changing needs. (b) It is further the intent of the Legislature that the  child   county  wrap-around services program include the following elements: (1) Making available to the county the state share of nonfederal reimbursement for group home placement, minus the state share, if any, of any concurrent out-of-home placement costs, for children eligible under this chapter, for the purpose of allowing the county to develop family-based service alternatives. (2) Enabling the county to access all possible sources of federal funds for the purpose of developing family-based service alternatives. (3) Encouraging collaboration among persons and entities including, but not limited to, parents, county welfare departments, county mental health departments, county probation departments, county health departments, special education local planning agencies, school districts, and private service providers for the purpose of planning and providing individualized services for children and their birth or substitute families. (4) Ensuring local community participation in the development and implementation of wrap-around services by county placing agencies and service providers. (5) Preserving and using the service resources and expertise of nonprofit providers to develop family-based and community-based service alternatives. SEC. 4. Section 18251 of the Welfare and Institutions Code is amended to read: 18251. As used in this chapter: (a) "County" means each county participating in an individualized or "wrap-around" services program. (b) "County placing agency" means a county welfare or probation department, or a county mental health department with respect to those children placed pursuant to Section 7572.5 of the Government Code. (c) "Eligible child" means a child who is any of the following: (1) A child who has been adjudicated as either a dependent or ward of the juvenile court pursuant to Section 300, 601, or 602 and who would be placed in a group home licensed by the department at a rate classification level of 10 or higher. (2) A child who would be voluntarily placed in out-of-home care pursuant to Section 7572.5 of the Government Code. (3) A child who is currently, or who would be, placed in a group home licensed by the department at a rate classification level of 10 or higher. (d) "Wrap-around services" means community-based intervention services that emphasize the strengths of the child and family and includes the delivery of coordinated, highly individualized unconditional services to address needs and achieve positive outcomes in their lives. (e) "Service allocation slot" means a specified amount of funds available to the county to pay for an individualized intensive wraparound services package for an eligible child. A service allocation slot may be used for more than one child on a successive basis. SEC. 5. Section 18253 of the Welfare and Institutions Code is amended to read: 18253. Each county shall ensure that an evaluation of the wrap-around services program is conducted to determine the  cost-   cost-effectiveness  and treatment effectiveness of outcomes such as family functioning and social performance, preventing placement in more restrictive environments, improving emotional and behavioral adjustments, school attendance, and  academic performance for eligible children. Systems of care outcomes   stability in the least restrictive school   placement for eligible children. The California Child and Family Service Review System outcome indicators, as described in Section 10601.2,  shall be included to the extent they are applicable to the target population. SEC. 6. Section 18253.5 of the Welfare and Institutions Code is amended to read: 18253.5. Each county shall ensure that staff participating in the wrap-around services programs have completed training provided or approved by the department, on providing individualized wrap-around services. SEC. 7. Section 18254 of the Welfare and Institutions Code is amended to read: 18254. (a) Reimbursement rates for wrap-around services programs, under this chapter, shall be based on the following factors: (1) The average cost of rate classification 10 to 11 in each county, minus the cost of any concurrent out-of-home placement, for children who are or would be placed in a rate level 10 or 11 group home. (2) The average cost of rate classification 12 to 14 in each county, minus the cost of any concurrent out-of-home placement, for children who are or would be placed in a rate level 12 to 14 group home. (b) The annual maximum limit on funding available for the wrap-around services program authorized by this chapter shall be based on the average cost, determined pursuant to subdivision (a), for the number of service allocation slots assigned to each county. (c) The department shall reimburse each county, for the purpose of providing intensive wrap-around services, up to 100 percent of the state share of nonfederal funds, to be matched by each county's share of cost as established by law, and to the extent permitted by federal law, up to 100 percent of the federal funds allocated for group home placements of eligible children, at the rate authorized pursuant to subdivision (a). (d) State and, to the extent permitted by federal law, federal foster care funds shall remain with the administrative authority of the county  child  welfare department, which may enter into an interagency agreement to transfer those funds, and shall be used to provide intensive wraparound services. (e) General Fund costs for the provision of benefits to eligible children, at rates authorized by subdivision (a), through the wrap-around services program authorized by this chapter, shall not exceed the costs which would otherwise have been incurred had the eligible children been placed in a group home. SEC. 8. Section 18255 of the Welfare and Institutions Code is amended to read: 18255. Any county that applies to, and is granted  approval, by   approval by, the department may implement a wrap-around services program. The number of service allocation slots assigned to each county shall be determined by each county and approved by the department. SEC. 9. Section 18256 of the Welfare and Institutions Code is amended to read: 18256. Each county shall evaluate its wrap-around services program, prepare periodic evaluations, and submit them to the appropriate committees of the Legislature and to the department. A report shall be submitted not later than six months following the start of the third year of the wrap-around services program. A subsequent report shall be submitted not later than six months following the end of the fifth year of the wrap-around services program. These reports shall assess the effectiveness of the wrap-around services program authorized by this chapter. The reports shall include, but need not be limited to, all of the following: (a) The effectiveness of the programs in reducing the level of out-of-home services required, and in reducing the average length of stay in out-of-home care. (b) A comparison of the cost of placement and services for children in the wrap-around services program with the average cost of out-of-home placement for the same number of children. (c) The effectiveness of the wrap-around services program in assisting children and families in attaining their service goals.  (d) The impact of wrap-around services on improving performance in applicable California Child and Family Service Review System outcome indicators, such as safety, permanency, and child well-being.  SEC. 10. Section 18256.5 of the Welfare and Institutions Code is amended to read: 18256.5. In order to prevent disruption to a child participating in a wrap-around services program, any county that terminates its wrap-around services program shall continue to provide to that participating child all planned services specified in the child's individualized services plan until his or her case is closed.  SEC. 11.   Section 18258 is added to the   Welfare and Institutions Code   , to read:   18258. (a) A child that is otherwise categorically eligible for Medi-Cal benefits without a share of cost due to receipt of benefits under the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program or the Adoption Assistance Program shall remain eligible for Medi-Cal benefits for the time specified in the child's individualized services plan established pursuant to this chapter. The placement of a child in his or her parental home shall not represent a change in the child's foster care status for purposes of Medi-Cal eligibility for the duration of the child's individualized services plan. Medi-Cal eligibility shall not be redetermined when the child is returned to the parental home pursuant to his or her individualized services plan. (b) A child who reaches 16 years of age while receiving wrap-around services shall be eligible to request and receive independent living services pursuant to Section 10609.3.