Existing law requires the State Department of Social Services to annually report to the appropriate fiscal and policy committees of the Legislature and to post on its Internet Web site a summary of outcome and expenditure data that allows for monitoring the changes of the 2011 realignment of child welfare services, foster care, adoptions, and adult protective services programs. Existing law also requires the department to contract with an appropriate and qualified entity to conduct an evaluation of the adequacy of the current child welfare services budgeting methodology and make recommendations for revising the budgeting methodology, including, among other things, appropriate caseload levels.

This bill would require the 2011 realignment report to include reported expenditures for counties that are participating and making claims under a specified federal waiver, how those counties are maximizing the utilization of funds, and how close counties are to funding the optimum caseload ratios as recommended in the above evaluation.

Existing law requires the State Department of Social Services to annually report to the appropriate fiscal and policy committees of the Legislature and to post on its Internet Web site a summary of outcome and expenditure data that allows for monitoring the changes of the 2011 realignment of child welfare services, foster care, adoptions, and adult protective services programs. Existing law also requires the department to contract with an appropriate and qualified entity to conduct an evaluation of the adequacy of the current child welfare services budgeting methodology and make recommendations for revising the budgeting methodology, including, among other things, appropriate caseload levels.

This bill would require the 2011 realignment report to include reported expenditures for counties that are participating and making claims under a specified federal waiver, how those counties are maximizing the utilization of funds, and how close counties are to funding the optimum caseload ratios as recommended in the above evaluation.

Existing law requires the State Department of Social Services to annually report to the appropriate fiscal and policy committees of the Legislature and to post on its Internet Web site a summary of outcome and expenditure data that allows for monitoring the changes of the 2011 realignment of child welfare services, foster care, adoptions, and adult protective services programs. Existing law also requires the department to contract with an appropriate and qualified entity to conduct an evaluation of the adequacy of the current child welfare services budgeting methodology and make recommendations for revising the budgeting methodology, including, among other things, appropriate caseload levels.

This bill would make a technical, nonsubstantive change to those provisions. require the 2011 realignment report to include reported expenditures for counties that are participating and making claims under a specified federal waiver, how those counties are maximizing the utilization of funds, and how close counties are to funding the optimum caseload ratios as recommended in the above evaluation.

Existing law requires the State Department of Social Services to annually report to the appropriate fiscal and policy committees of the Legislature and to post on its Internet Web site a summary of outcome and expenditure data that allows for monitoring the changes of the 2011 realignment of child welfare services, foster care, adoptions, and adult protective services programs.

This bill would make a technical, nonsubstantive change to those provisions.

 CONSENT  

Bill No: AB 2015

Author:

:

Vote:

SENATE HUMAN SERVICES COMMITTEE: 5-0, 6/28/16

AYES: McGuire, Berryhill, Hancock, Liu, Nguyen

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 80-0, 6/1/16 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST: This bill adds requirements to the 2011 realignment report that the California Department of Social Services (CDSS) must provide annually to the Legislature. Additional requirements include reported expenditures for counties that are participating and making claims under a federal Title IV-E child welfare services waiver, how those counties are maximizing the utilization of funds, and how close counties are to funding optimum caseload ratios.

ANALYSIS:

Existing law:

1. Creates a system of child welfare to protect children who have suffered, or there is a substantial risk that the child will suffer, serious physical harm inflicted non-accidentally upon the child by the child’s parent or guardian, as defined. (WIC 300, et seq.)
2. Requires that if the social worker determines that it is appropriate to offer child welfare services to the family, the social worker shall make a referral to these services, as specified. (WIC 328)
3. Realigns various state-funded and county-run programs to the counties to provide local control and discretion over funding programs such as child welfare, mental health and criminal justice services. (GOV 30025)
4. Includes in realignment funding transferred from the Health and Human Services Account, as defined, and requires that the moneys in the Protective Services Subaccount and the Protective Services Growth Special Account shall be used exclusively to fund adult protective services, child welfare and adoptive services, foster care grants and services, and other specified realigned services. Within the realigned programs is the Title IV-E Child Welfare Waiver Demonstration Capped Allocation Project. (GOV 30025 (f)(16)(A))
5. States Legislative intent to ensure that the impacts of the 2011 realignment of child welfare services, foster care, adoptions, and adult protective services programs are identified and evaluated initially and over time, and that information is publicly available and accessible and can be utilized to support the state’s and counties’ effectiveness in delivering these critical services and supports. (WIC 10104)
6. Requires CDSS to report annually to the appropriate fiscal and policy committees of the Legislature, and to publicly post on CDSS’s Internet Web site, a summary of outcome and expenditure data that allows for monitoring of changes over time. (WIC 10104 (b))
7. Requires that, to the extent the information is readily or publicly available, the report also contain the amount of funds each county receives from the Protective Services Growth Special Account, as defined, child welfare services social worker caseloads per county, and the number of authorized positions in the local child welfare services agency. (WIC 10104 (c))
8. Requires CDSS to contract with an appropriate and qualified entity to conduct an evaluation of the adequacy of the current child welfare services budgeting methodology and make recommendations about appropriate caseload levels, supportive services, and preventative services, in order to accurately and adequately fund the system. Requires consideration of a number of factors, including the impact of the child welfare services case management system on the workload of workers in the system. (WIC 10609.5)

This bill:

1. Deletes from WIC 10104 (c) the qualifier “to the extent the information is readily or publicly available,” thus requiring the annual report to contain information about the amount of funds each county receives from the Protective Services Growth Special Account, social worker caseloads per county and the number of authorized positions in the local child welfare agency.
2. Requires the annual realignment report to include reported expenditures for counties that are participating and making claims under the federal Title IV-E waiver, how those counties are maximizing the utilization of funds, and how close counties are to funding the optimum caseload ratios, as defined.

Background

As part of the 2011-12 Budget, the Governor and Legislature realigned various major social services and public safety programs from the state to local governments. The realignment moved $6.3 billion and program responsibility to the local governments – primarily to the state’s 58 counties – which provide and directly oversee services. The legislation eliminated some state oversight functions and increased flexibility. Subsequent legislation established a permanent fund structure for 2011 realignment, limited the amount of funding that could be transferred between accounts, and made other changes.

Annual report. SB 1013 (Committee on Budget and Fiscal Review, Chapter 35, Statutes of 2012) required CDSS to report annually to the appropriate fiscal and policy committees of the Legislature, and publicly post on the CDSS Internet Web site, a summary of outcome and expenditure data that allows for monitoring of changes over time that may have occurred as a result of the 2011 Realignment of the child welfare services and adult protective services systems.

In 2016, CDSS published the fourth annual realignment report, which concluded there did not appear to be any negative consequences of having transferred fiscal responsibility for the child welfare system to the county level. Overall rates of referral have remained relatively constant, with a slight uptick in 2014; entry rates have remained nearly unchanged and the rate of cases found to be substantiated after investigation decreased slightly, according to the report.

IV-E waiver demonstration project. In 1994 Congress passed Public Law 103–432, which gave the Secretary of the Department of Health and Human Services the authority to approve state demonstration projects which waive certain provisions of the Social Security Act relating to child welfare services funding. There were six early implementing states, including California, Florida, Illinois, Indiana, Ohio, and Oregon, which continue to use waiver agreements in 2013. Nine additional states received approval to implement new waiver demonstrations in Federal Fiscal Year 2012.

The original six states received waivers to implement demonstration projects using flexible funding, which varied in scope, services and structure. In California, the waiver was initially granted to just two counties in 2007 – Los Angeles and Alameda. It allocated fixed amounts of title IV-E dollars to local public and private child welfare agencies in an effort to provide new or expanded prevention services rather than providing services only in an out-of-home setting once a child is removed from home.

The waiver counties assumed that the cost of prevention and early intervention services would be offset by subsequent savings in foster care expenditures. According to a 2013 US Health and Human Services report, “a number of States and counties (e.g., Florida and Alameda and Los Angeles Counties in California) documented large declines in their foster care populations, although the extent to which these decreases are attributable to their flexible funding demonstrations or to broader changes in child welfare policy and practice is unclear.” Since that time, Butte, Sacramento, San Diego, Sonoma, Santa Clara and Lake Counties have applied for and been granted IV-E waivers.

SB 2030 Study. Amid concerns about social worker caseloads nearly two decades ago, the Legislature passed SB 2030 (Costa, Chapter 785, Statutes of 1998) which required that CDSS undertake an evaluation of workload and budgeting methodologies and set forth certain requirements for such a study. The evaluation was conducted from June 15, 1999, through December 15, 1999 in all 58 counties and the subsequent report provided a foundation for conversations about appropriate caseloads for social workers doing various tasks within the child welfare system.

Related/Prior Legislation

SB 855 (Senate Committee on Budget and Fiscal Review, Chapter 29, Statutes of 2014) added to the 2011 realignment report the requirement that the report also contain the amount of funds each county receives from the Protective Services Growth Special Account, as specified, child welfare services social worker caseloads per county, and the number of authorized positions in the local child welfare services agency, if the information is readily available.

SB 1013 (Budget and Fiscal Review, Chapter 35, Statutes of 2012) established the requirement for CDSS to annually report summary and outcome information to the Legislature about the child welfare system.

AB 118 (Budget and Fiscal Review, Chapter 40, Statutes of 2011) and ABX1 16 (Blumenfield, Chapter 13, Statutes of 2011) realigned CDSS funding for Adoption Services, Foster Care, Child Welfare Services, and Adult Protective Services, and programs from the state to local governments and redirected specified tax revenues to fund the effort

SB 2030 (Costa, Chapter 785, Statutes of 1998) required CDSS to contract with an appropriate and qualified entity to conduct an evaluation of the adequacy of current child welfare services budgeting methodology, and would require the department to report to the appropriate committees of the Legislature by January 30, 2000.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 8/2/16)

None received

OPPOSITION: (Verified 8/2/16)

None received

ARGUMENTS IN SUPPORT: According to the author, current law requires that CDSS annually report to the Legislature a summary of outcomes and expenditure data that allows for monitoring program and support service delivery since realignment, however it is unclear whether the state is collecting the data necessary to support any recent improvement, current deficiencies or emerging best practices that exist within the new system. According to the author, the required reporting in AB 2015 will give the state and Legislature a clear picture of what protocols and practices are successful and identify where counties can improve the delivery of support services to children in the child welfare system.

ASSEMBLY FLOOR: 80-0, 6/1/16

AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon

Prepared by:

8/3/16 18:21:31

**** END ****

SENATE COMMITTEE ON HUMAN SERVICES

Senator McGuire, Chair

2015 - 2016 Regular

Bill No: AB 2015

Subject: Public social services: 2011 realignment report

SUMMARY

This bill adds requirements to the 2011 realignment report that the California Department of Social Services (CDSS) must provide annually to the Legislature. Additional requirements include reported expenditures for counties that are participating and making claims under a federal Title IV-E child welfare services waiver, how those counties are maximizing the utilization of funds, and how close counties are to funding optimum caseload ratios.

ABSTRACT

Existing law:

1. Creates a system of child welfare to protect children who have suffered, or there is a substantial risk that the child will suffer, serious physical harm inflicted non-accidentally upon the child by the child’s parent or guardian, as defined. (WIC 300, et seq.)
2. Requires that if the social worker determines that it is appropriate to offer child welfare services to the family, the social worker shall make a referral to these services, as specified. (WIC 328)
3. Realigns various state-funded and county-run programs to the counties to provide local control and discretion over funding programs such as child welfare, mental health and criminal justice services. (GOV 30025)
4. Includes in realignment funding transferred from the Health and Human Services Account, as defined, and requires that the moneys in the Protective Services Subaccount and the Protective Services Growth Special Account shall be used exclusively to fund adult protective services, child welfare and adoptive services, foster care grants and services, and other specified realigned services. Within the realigned programs is the Title IV-E Child Welfare Waiver Demonstration Capped Allocation Project. (GOV 30025 (f)(16)(A))
5. States Legislative intent to ensure that the impacts of the 2011 realignment of child welfare services, foster care, adoptions, and adult protective services programs are identified and evaluated initially and over time, and that information is publicly available and accessible and can be utilized to support the state’s and counties’ effectiveness in delivering these critical services and supports. (WIC 10104)
6. Requires CDSS to report annually to the appropriate fiscal and policy committees of the Legislature, and to publicly post on the department’s Internet Web site, a summary of outcome and expenditure data that allows for monitoring of changes over time. (WIC 10104 (b))
7. Requires that, to the extent the information is readily or publicly available, the report also contain the amount of funds each county receives from the Protective Services Growth Special Account, as defined, child welfare services social worker caseloads per county, and the number of authorized positions in the local child welfare services agency. (WIC 10104 (c))
8. Requires CDSS to contract with an appropriate and qualified entity to conduct an evaluation of the adequacy of the current child welfare services budgeting methodology and make recommendations about appropriate caseload levels, supportive services, and preventative services, in order to accurately and adequately fund the system. Requires consideration of a number of factors, including the impact of the child welfare services case management system on the workload of workers in the system. (WIC 10609.5)

This bill:

1. Deletes from WIC 10104 (c) the qualifier “to the extent the information is readily or publicly available,” thus requiring the annual report to contain information about the amount of funds each county receives from the Protective Services Growth Special Account, social worker caseloads per county and the number of authorized positions in the local child welfare agency.
2. Requires the annual realignment report to include reported expenditures for counties that are participating and making claims under the federal Title IV-E waiver, how those counties are maximizing the utilization of funds, and how close counties are to funding the optimum caseload ratios, as defined.

FISCAL IMPACT

An analysis by the Assembly Committee on Appropriations identified unknown, but potentially significant costs (GF) for counties to collect, update, compile, and present to CDSS, data necessary for determining caseload ratios. CDSS is still evaluating whether they already have access to some or all of the necessary data. Thus, it is unclear to what extent counties will need to be involved in providing data. The committee also identified minor and absorbable costs to CDSS to incorporate the additional items into the report.

BACKGROUND AND DISCUSSION

Purpose of the bill:

According to the author, current law requires that CDSS annually report to the Legislature a summary of outcomes and expenditure data that allows for monitoring program and support service delivery since realignment, however it is unclear whether the state is collecting the data necessary to support any recent improvement, current deficiencies or emerging best practices that exist within the new system. According to the author, the required reporting in AB 2015 will give the state and Legislature a clear picture of what protocols and practices are successful and identify where counties can improve the delivery of support services to children in the child welfare system.

Realignment

As part of the 2011-12 budget, the Governor and Legislature realigned various major social services and public safety programs from the state to local governments. The realignment moved $6.3 billion and program responsibility to the local governments – primarily to the state’s 58 counties – which provide and directly oversee services. The legislation eliminated some state oversight functions and increased flexibility. Subsequent legislation established a permanent fund structure for 2011 realignment, limited the amount of funding that could be transferred between accounts, and made other changes.

Annual report

SB 1013 (Committee on Budget and Fiscal Review, Chapter 35, Statutes of 2012) required CDSS to report annually to the appropriate fiscal and policy committees of the Legislature, and publicly post on the CDSS internet website, a summary of outcome and expenditure data that allows for monitoring of changes over time that may have occurred as a result of the 2011 Realignment of the child welfare services and adult protective services systems.

In 2016, CDSS published the fourth annual realignment report, which concluded there did not appear to be any negative consequences of having transferred fiscal responsibility for the child welfare system to the county level. Overall rates of referral have remained relatively constant, with a slight uptick in 2014; entry rates have remained nearly unchanged and the rate of cases found to be substantiated after investigation decreased slightly, according to the report.^[1]

IV-E waiver demonstration project

In 1994 Congress passed Public Law 103–432,^[2] which gave the Secretary of the Department of Health and Human Services the authority to approve State demonstration projects which waive certain provisions of the Social Security Act relating to child welfare services funding. There were six early implementing states, including California, Florida, Illinois, Indiana, Ohio, and Oregon, which continue to use waiver agreements in 2013. Meanwhile, nine additional states received approval to implement new waiver demonstrations in Federal Fiscal Year 2012.

The original six states received waivers to implement demonstration projects using flexible funding, which varied in scope, services and structure. In California, the waiver was initially granted to just two counties in 2007 – Los Angeles and Alameda. It allocated fixed amounts of title IV-E dollars to local public and private child welfare agencies in an effort to provide new or expanded prevention services rather than providing services only in an out-of-home setting once a child is removed from home.

The waiver counties assumed that the cost of prevention and early intervention services would be offset by subsequent savings in foster care expenditures. According to a 2013 US Health and Human Services report, “a number of States and counties (e.g., Florida and Alameda and Los Angeles Counties in California) documented large declines in their foster care populations, although the extent to which these decreases are attributable to their flexible funding demonstrations or to broader changes in child welfare policy and practice is unclear.” Since that time, Butte, Sacramento, San Diego, Sonoma, Santa Clara and Lake Counties have applied for and been granted IV-E waivers.

SB 2030 Study

Amid concerns about social worker caseloads nearly two decades ago, the Legislature passed SB 2030 (Costa, Chapter 785, Statutes of 1998) which required that CDSS undertake an evaluation of workload and budgeting methodologies and set forth certain requirements for such a study. The evaluation was conducted from June 15, 1999, through December 15, 1999 in all 58 counties and the subsequent report provided a foundation for conversations about appropriate caseloads for social workers doing various tasks within the child welfare system.

Related legislation:

SB 855 (Senate Committee on Budget and Fiscal Review, Chapter 29, Statutes of 2014) added to the 2011 realignment report the requirement that the report also contain the amount of funds each county receives from the Protective Services Growth Special Account, as specified, child welfare services social worker caseloads per county, and the number of authorized positions in the local child welfare services agency, if the information is readily available.

SB 1013 (Budget and Fiscal Review, Chapter 35, Statutes of 2012) established the requirement for CDSS to annually report summary and outcome information to the Legislature about the child welfare system.

AB 118 (Budget and Fiscal Review, Chapter 40, Statutes of 2011) and ABX1 16 (Blumenfield, Chapter 13, Statutes of 2011) realigned CDSS funding for Adoption Services, Foster Care, Child Welfare Services, and Adult Protective Services, and programs from the state to local governments and redirected specified tax revenues to fund the effort

SB 2030 (Costa, Chapter 785, Statutes of 1998) required CDSS to contract with an appropriate and qualified entity to conduct an evaluation of the adequacy of current child welfare services budgeting methodology, and would require the department to report to the appropriate committees of the Legislature by January 30, 2000.

PRIOR VOTES

POSITIONS

Support:

None.

Oppose:

None.

-- END --

1. Child Welfare Services & Adult Protective Services Realignment Report: Outcome & Expenditure Data Summary, April 2016 ↑

2. http://www.acf.hhs.gov/sites/default/files/cb/waiver_summary_final_april2013.pdf ↑

ASSEMBLY THIRD READING

ATR Bill Id:AB 2015

Author:(McCarty)

As Amended Ver:March 18, 2016

Majority vote

SUMMARY: Requires additional information to be included in the 2011 child welfare services realignment report. Specifically, this bill:

1. Deletes language making the requirement for the annual 2011 realignment report to the Legislature to include information on fund allocation, social worker caseloads, and authorized positions, as specified, conditional upon that information being readily or publically available.
2. Requires the 2011 realignment report to include the following information:
   1. Reported expenditures for counties that are participating in and making claims under the federal Title IV-E waiver;
   2. How waiver counties are maximizing the utilization of funds; and
   3. How close counties are to funding the recommended optimum caseloads, as specified.

EXISTING LAW:

1. States Legislative intent to ensure that the impacts of the 2011 realignment of child welfare services, foster care, adoptions, and adult protective services programs are identified and evaluated, and that information regarding these impacts is publicly available and accessible and can be used to support the state's and counties' effectiveness in delivering services and supports. (Welfare and Institutions Code Section (WIC) 10104 (a))
2. Requires the Department of Social Services (DSS) to annually report to the Legislature and make publicly available, by April 15, a summary of outcome and expenditure data that allows for monitoring of changes over time, as specified. (WIC 10104(b) and (c)(1))
3. Requires the report, to the extent that the information is readily or publicly available, to also contain information on Protective Services Growth Special Account allocations across counties, social worker caseloads, and authorized positions, as specified. (WIC 10104(c)(2))
4. Provides for the Protective Services Growth Special Account within the Support Services Growth Subaccount, which is within the Sales and Use Tax Growth Account of the Local Revenue Fund 2011. (Government Code Section 30025)

FISCAL EFFECT: According to the Assembly Appropriations Committee, this bill may result in the following costs:

1. Unknown, but potentially significant costs (General Fund*) for counties to collect, update, compile, and present to DSS, data necessary for determining caseload ratios. DSS is still evaluating whether they already have access to some or all of the necessary data. Thus, it is unclear to what extent counties will need to be involved in providing data.
2. Minor and absorbable costs to DSS to incorporate the additional items into the report.

*Pursuant to Proposition 30 (November 2012) any legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by realignment (including child welfare services and foster care) only apply to local agencies to the extent that the state provides annual funding for the cost increase.

COMMENTS:

2011 realignment: Child welfare services in California are funded through a mix of federal, state, and county dollars. The Budget Act of 2011 realigned public safety programs from the state to the local level, moving programs and fiscal responsibility to local governments. The fiscal responsibility for the nonfederal share of costs for the child welfare services system was shifted largely to the counties with the 2011 realignment.

Title IV-E waiver: While there are several federal funding sources for child welfare services, the main dedicated source is "Title IV-E" funding authorized under the Social Security Act. These funds are restricted to use for child welfare services administration, foster care assistance payments, and assistance payments to caretakers who have adopted or assumed guardianship of foster children through the Adoption Assistance Program or Kinship-Guardianship Assistance (Kin-GAP).

While Title IV-E funds are rather inflexible, there is a "Title IV-E waiver demonstration project" allowing for more flexible use of funds, including for purposes of investing in ways to safely reduce the need for foster care. Beginning in 2007, Los Angeles and Alameda Counties have been part of the waiver demonstration project. In 2014-15, a waiver extension was granted to those two counties, and the waiver was expanded to Butte, Lake, Sacramento, San Diego, San Francisco, Santa Clara and Sonoma counties. All waivers end in 2019. The goal of the demonstration project, which is operating in 28 states, is to measure outcomes for youth of more flexible use of federal funds, aimed at reducing the number of children who enter foster care and the time spent in foster care.

California SB 2030 Study: SB 2030 (Costa), Chapter 785, Statutes of 1998, required DSS to secure a contract to evaluate the child welfare services budget methodology and make recommendations to revise it, including appropriate caseload levels, supportive services, and preventative services, in order to accurately and adequately fund the system. The final report was released in April 2000; among other things, it established caseload standards.

Need for this bill: According to the author, "It has been five years since realignment and, while there have been some improvements; there are still areas where counties can vastly improve in the delivery of care and services to California's foster youth. [This bill] will expand existing realignment reporting requirements by requiring the collection of data relative to maximization of program funding, social worker caseload ratios and case manager oversight review. This additional information will further ensure that participating county program goals are aligned with the State's priorities under the 2011 realignment."

PRIOR LEGISLATION:

SB 855 (Committee on Budget and Fiscal Review), Chapter 29, Statutes of 2014, added the requirement to the 2011 realignment report that, to the extent that the information is readily or publicly available, the report shall also contain the amount of funds each county receives from the Protective Services Growth Special Account, as specified, child welfare services social worker caseloads per county, and the number of authorized positions in the local child welfare services agency.

SB 1020 (Committee on Budget and Fiscal Review), Chapter 40, Statutes of 2012, established an overall financing structure for the 2011 Public Safety Realignment, creating, among other things, the Protective Services Growth Special Account within the Support Services Growth Subaccount, which was established by this bill within the Sales and Use Tax Growth Account of the Local Revenue Fund 2011.

SB 2030, required DSS to secure a contract to evaluate the child welfare services budget methodology and make recommendations to revise it, including appropriate caseload levels, supportive services, and preventative services, in order to accurately and adequately fund the system.

Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089 FN: 0003200

Date of Hearing: May 4, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 2015

Author:(McCarty) – As Amended Ver:March 18, 2016

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the 2011 child welfare services realignment report to additionally include: 1) reported expenditures for counties that are participating in and making claims under the federal Title IV-E waiver; 2) how waiver counties are maximizing the utilization of funds; and 3) how close counties are to fund the recommended optimum caseloads, as specified.

FISCAL EFFECT:

1. Unknown, but potentially significant costs (GF*) for counties to collect, update, compile, and present to the Department of Social Services (DSS), data necessary for determining caseload ratios. DSS is still evaluating whether they already have access to some or all of the necessary data. Thus, it is unclear to what extent counties will need to be involved in providing data.
2. Minor and absorbable costs to DSS to incorporate the additional items into the report.

*Pursuant to Proposition 30 (November 2012) any legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by realignment (including child welfare services and foster care) only apply to local agencies to the extent that the state provides annual funding for the cost increase.

COMMENTS:

1. Purpose. According to the author, “It has been five years since realignment and, while there have been some improvements, there are still areas where counties can vastly improve in the delivery of care and services to California’s foster youth. This bill will expand existing realignment reporting requirements by requiring the collection of data relative to maximization of program funding, social worker caseload ratios and case manager oversight review. This additional information will further ensure that participating county program goals are aligned with the State’s priorities under the 2011 realignment.”
2. 2011 Realignment. Child welfare services in California are funded through a mix of federal, state, and county dollars. The Budget Act of 2011 realigned public safety programs from the state to the local level, moving programs and fiscal responsibility to local governments. The fiscal responsibility for the nonfederal share of costs for the child welfare services system was shifted largely to the counties with the 2011 realignment. Existing law requires the Department of Social Services (DSS) to annually report to the Legislature and post on its website a summary of outcome and expenditure data that allows for monitoring the changes of the 2011 realignment programs.

This bill would require that report to include additional items for counties participating in and making claims under the federal Title IV-E waiver.

1. Title IV-E waiver. The primary dedicated source of federal funding for child welfare services is “Title IV-E” funding authorized under the Social Security Act. These funds are restricted to use for child welfare services administration, foster care assistance payments, and assistance payments to caretakers who have adopted or assumed guardianship of foster children through the Adoption Assistance Program or Kinship-Guardianship Assistance (Kin-GAP).
   

The “Title IV-E waiver demonstration project” allows for more flexible use of Title IV-E funds, which are largely inflexible, including for purposes of investing in ways to safely reduce the need for foster care. Beginning in 2007, Los Angeles and Alameda Counties have been part of the waiver demonstration project. In 2014-15, a waiver extension was granted to those two counties, and the waiver was expanded to Butte, Lake, Sacramento, San Diego, San Francisco, Santa Clara and Sonoma counties. All waivers end in 2019. The goal of the demonstration project, which is operating in 28 states, is to measure outcomes for youth of more flexible use of federal funds, aimed at reducing the number of children who enter foster care and the time spent in foster care.

This bill seeks to include expenditure information for the counties participating in the waiver for purposes of evaluation.

1. Prior Legislation.
   
2. SB 855 (Senate Committee on Budget and Fiscal Review), Chapter 29, Statutes of 2014, added the requirement to the 2011 realignment report that, to the extent that the information is readily or publicly available, the report also contain the amount of funds each county receives from the Protective Services Growth Special Account, as specified, child welfare services social worker caseloads per county, and the number of authorized positions in the local child welfare services agency. 
   
3. SB 1020 (Senate Committee on Budget and Fiscal Review), Chapter 40, Statutes of 2012, established an overall financing structure for the 2011 Public Safety Realignment, creating, among other things, the Protective Services Growth Special Account within the Support Services Growth Subaccount, which was established by this bill within the Sales and Use Tax Growth Account of the Local Revenue Fund 2011.
   
4. SB 2030 (Costa), Chapter 785, Statutes of 1998, required DSS to secure a contract to evaluate the child welfare services budget methodology and make recommendations to revise it, including appropriate caseload levels, supportive services, and preventative services, in order to accurately and adequately fund the system. The final report was released in April 2000; among other things, it established caseload standards.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: April 12, 2016

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Susan Bonilla, Chair

ABPCA Bill Id:AB 2015 (

Author:McCarty) – As Amended Ver:March 18, 2016

SUBJECT: Public social services: 2011 realignment report

SUMMARY: Requires additional information to be included in the 2011 child welfare services realignment report.

Specifically, this bill:

1. Deletes language making the requirement for the annual 2011 realignment report to the Legislature to include information on fund allocation, social worker caseloads, and authorized positions, as specified, conditional upon that information being readily or publically available.
2. Requires the 2011 realignment report to include the following information:
   1. Reported expenditures for counties that are participating in and making claims under the federal Title IV-E waiver;
   2. How waiver counties are maximizing the utilization of funds; and
   3. How close counties are to funding the recommended optimum caseloads, as specified.

EXISTING LAW:

1. States Legislative intent to ensure that the impacts of the 2011 realignment of child welfare services, foster care, adoptions, and adult protective services programs are identified and evaluated, and that information regarding these impacts is publicly available and accessible and can be used to support the state’s and counties’ effectiveness in delivering services and supports. (WIC 10104 (a))
   
2. Requires the Department of Social Services (DSS) to annually report to the Legislature and make publicly available, by April 15, a summary of outcome and expenditure data that allows for monitoring of changes over time, as specified. (WIC 10104 (b) and (c)(1))
   
3. Requires the report, to the extent that the information is readily or publicly available, to also contain information on Protective Services Growth Special Account allocations across counties, social worker caseloads, and authorized positions, as specified. (WIC 10104 (c)(2))
   
4. Provides for the Protective Services Growth Special Account within the Support Services Growth Subaccount, which is within the Sales and Use Tax Growth Account of the Local Revenue Fund 2011. (GOV 30025)

FISCAL EFFECT: Unknown.

COMMENTS:

2011 realignment: Child welfare services in California are funded through a mix of federal, state, and county dollars. The Budget Act of 2011 realigned public safety programs from the state to the local level, moving programs and fiscal responsibility to local governments. The fiscal responsibility for the nonfederal share of costs for the child welfare services system was shifted largely to the counties with the 2011 realignment.

Title IV-E waiver: While there are several federal funding sources for child welfare services, the main dedicated source is “Title IV-E” funding authorized under the Social Security Act. These funds are restricted to use for child welfare services administration, foster care assistance payments, and assistance payments to caretakers who have adopted or assumed guardianship of foster children through the Adoption Assistance Program or Kinship-Guardianship Assistance (Kin-GAP).

While Title IV-E funds are rather inflexible, there is a “Title IV-E waiver demonstration project” allowing for more flexible use of funds, including for purposes of investing in ways to safely reduce the need for foster care. Beginning in 2007, Los Angeles and Alameda Counties have been part of the waiver demonstration project. In 2014-15, a waiver extension was granted to those two counties, and the waiver was expanded to Butte, Lake, Sacramento, San Diego, San Francisco, Santa Clara and Sonoma counties. All waivers end in 2019. The goal of the demonstration project, which is operating in 28 states, is to measure outcomes for youth of more flexible use of federal funds, aimed at reducing the number of children who enter foster care and the time spent in foster care.

California SB 2030 Study: SB 2030 (Costa), Chapter 785, Statutes of 1998, required DSS to secure a contract to evaluate the child welfare services budget methodology and make recommendations to revise it, including appropriate caseload levels, supportive services, and preventative services, in order to accurately and adequately fund the system. The final report was released in April 2000; among other things, it established caseload standards.

Need for this bill: According to the author, “It has been five years since realignment and, while there have been some improvements; there are still areas where counties can vastly improve in the delivery of care and services to California’s foster youth. [This bill] will expand existing realignment reporting requirements by requiring the collection of data relative to maximization of program funding, social worker caseload ratios and case manager oversight review. This additional information will further ensure that participating county program goals are aligned with the State’s priorities under the 2011 realignment.”

PRIOR LEGISLATION:

SB 855 (Senate Committee on Budget and Fiscal Review), Chapter 29, Statutes of 2014, added the requirement to the 2011 realignment report that, to the extent that the information is readily or publicly available, the report shall also contain the amount of funds each county receives from the Protective Services Growth Special Account, as specified, child welfare services social worker caseloads per county, and the number of authorized positions in the local child welfare services agency. 

SB 1020 (Senate Committee on Budget and Fiscal Review), Chapter 40, Statutes of 2012, established an overall financing structure for the 2011 Public Safety Realignment, creating, among other things, the Protective Services Growth Special Account within the Support Services Growth Subaccount, which was established by this bill within the Sales and Use Tax Growth Account of the Local Revenue Fund 2011.

SB 2030 (Costa), Chapter 785, Statutes of 1998, required DSS to secure a contract to evaluate the child welfare services budget methodology and make recommendations to revise it, including appropriate caseload levels, supportive services, and preventative services, in order to accurately and adequately fund the system.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file.

Opposition

None on file.

Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089