BILL NUMBER: AB 488INTRODUCED BILL TEXT INTRODUCED BY Assembly Members Torres and Hagman (Coauthors: Senators Huff and Negrete McLeod) FEBRUARY 24, 2009 An act to amend Sections 18987.61 and 18987.62 of the Welfare and Institutions Code, relating to public social services. LEGISLATIVE COUNSEL'S DIGEST AB 488, as introduced, Torres. Children's services programs: performance agreement contracts. Under existing law, each county may enter into performance agreements with private, nonprofit agencies to encourage innovation in the delivery of children's services, to develop services not available in the community, and to promote change in the child welfare services system. Existing law limits these performance agreements to a period of 3 years. This bill would authorize the department to renew or extend the performance agreements described above beyond the 3-year time period and would make a conforming change. 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 18987.61 of the Welfare and Institutions Code is amended to read: 18987.61. (a) Each county may enter into performance agreements with private, nonprofit agencies to encourage innovation in the delivery of children's services, to develop services not available in the community, and to promote change in the child welfare services system. (b) In developing the agreements, counties and service providers shall pursue services that enhance the ability of children to remain in the least restrictive, most family-like setting possible and promote services that address the needs and strengths of individual children and their families. (c) Programs developed pursuant to this section shall operate within the county, or in another county with the approval of that county. (d) Agreements pursuant to subdivision (a) shall be for a period of up to three years , unless renewed or extended by the department . (e) A county shall provide a report to the director within three months of the end of each agreement to report on the details of the agreement, the results achieved during its operation, and the applicability of the approach to a wider population. The director shall make these reports available to the Legislature upon request. SEC. 2. Section 18987.62 of the Welfare and Institutions Code is amended to read: 18987.62. (a) Upon request from a county, the director may waive regulations governing foster care payments or the operation of group homes to enable counties to implement the agreements established pursuant to Section 18987.61. Waivers granted by the director shall be applicable only to services provided under the terms of the agreement and for the duration of the agreement , including any renewal or extension authorized by the department . A waiver shall only be granted when all of the following apply: (1) The agreement promises to offer a worthwhile test of an innovative approach or to encourage the development of a new service for which there is a recognized need. (2) The regulatory requirement prevents the implementation of the agreement. (3) The requesting county proposes to monitor the agreement through performance measures that ensure that the purposes of the waived regulation will be achieved. (b) The director shall take steps that are necessary to prevent the loss of any substantial amounts of federal funds as a result of the waivers granted under this section. The waiver may specify the extent to which the requesting county shall share in any cost resulting from any loss of federal funding. (c) The director shall not waive regulations that apply to the health and safety of children served by participating private agencies. (d) The director shall notify the appropriate policy and fiscal committees of the Legislature whenever waivers are granted and when a waiver of regulations was required for the implementation of the county's proposed agreement. The director shall identify the reason why the development of the services outlined by the agreement between the county and the service provider are hindered by the regulations to be waived.