Existing law, the Child Abuse and Neglect Reporting Act, establishes procedures for the reporting and investigation suspected child abuse or neglect. The act requires certain professionals, including specified health practitioners and social workers, known as mandated reporters, to report known or suspected child abuse or neglect to a local law enforcement agency or a county welfare or probation department, as specified. Existing law states the Legislatures intent that those receiving agencies in each county develop and implement cooperative arrangements in order to coordinate existing duties in connection with the investigation of suspected child abuse or neglect cases, and requires the local law enforcement agency to report investigations of suspected child abuse or neglect to the county welfare or probation department within 36 hours after starting its investigation. Existing law requires the receiving agencies to, within 24 hours of receiving a report of abuse alleged to have occurred in facilities licensed to care for children by the State Department of Social Services, notify the licensing office with jurisdiction over that facility. Existing law makes reports of child abuse or neglect confidential and only authorizes the disclosure of the reports to certain individuals or entities.

Existing law generally provides for the placement of children in foster care, and provides for the licensure and regulation by the State Department of Social Services of certain community care facilities that provide care for foster children, including short-term residential therapeutic programs and transitional housing placement providers.

This bill would, in cases in which a receiving agency when a receiving entity receives a report reported allegation of child abuse or neglect that involves a child in foster care in which the alleged abuse or neglect occurred in a community care facility, require the receiving agencies entity to coordinate investigation efforts with the licensing agency, as specified, and notify the Office of the State Foster Care Ombudsperson within 24 hours of receiving the report, and would require an investigation conducted by the receiving agency entity or the licensing agency to be completed within 30 days of the receipt of the initial report. no later than 30 days after the initial report was received by the entity. The bill would also add the Office of the State Foster Care Ombudsperson, as specified, to the list of individuals and entities to which reports may be disclosed. By imposing new duties on local officials, the bill would impose a state-mandated local program.

Existing law, the Child Abuse and Neglect Reporting Act, establishes procedures for the reporting and investigation suspected child abuse or neglect. The act requires certain professionals, including specified health practitioners and social workers, known as mandated reporters, to report known or suspected child abuse or neglect to a local law enforcement agency or a county welfare or probation department, as specified. Existing law states the Legislatures intent that those receiving agencies in each county develop and implement cooperative arrangements in order to coordinate existing duties in connection with the investigation of suspected child abuse or neglect cases, and requires the local law enforcement agency to report investigations of suspected child abuse or neglect to the county welfare or probation department within 36 hours after starting its investigation. Existing law requires the receiving agencies to, within 24 hours of receiving a report of abuse alleged to have occurred in facilities licensed to care for children by the State Department of Social Services, notify the licensing office with jurisdiction over that facility. Existing law makes reports of child abuse or neglect confidential and only authorizes the disclosure of the reports to certain individuals or entities.

Existing law generally provides for the placement of children in foster care, and provides for the licensure and regulation by the State Department of Social Services of certain community care facilities that provide care for foster children, including short-term residential therapeutic programs and transitional housing placement providers.

This bill would, in cases in which a receiving agency receives a report of child abuse or neglect that involves a child in foster care in which the abuse or neglect occurred in a community care facility, require the receiving agencies to coordinate investigation efforts with the licensing agency, as specified, and notify the Office of the State Foster Care Ombudsperson within 24 hours of receiving the report, and require an investigation conducted by the receiving agency or the licensing agency to be completed within 30 days of the receipt of the initial report. The bill would also add the Office of the State Foster Care Ombudsperson, as specified, to the list of individuals and entities to which reports may be disclosed. By imposing duties on local officials, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Date of Hearing: May 16, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 2323

Author:(Rubio) – As Amended Ver:April 4, 2018

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

SUMMARY:

This bill establishes a procedure to promptly investigate allegations of child abuse or neglect that occur in state community care facilities. Specifically, this bill:

1. Requires that specified entities, including police and sheriffs’ departments and county welfare departments, do the following in relation to any allegation of abuse or neglect that involves a child in foster care and allegedly occurred within a community care facility:
   
   1. Notify the Community Care Licensing Division (CCL) within 24 hours and coordinate efforts to provide an immediate and appropriate response.
      
   2. Contact the State Foster Care Ombudsperson within 24 hours so the ombudsperson may carry out duties specified by law including the dissemination of information regarding children’s rights, the investigation and attempt to resolve complaints, and the use of discretion to refer the investigation to another agency.
      
   3. Conduct an investigation that includes a face-to-face interview with the suspected victim and persons believed to have personal knowledge of the incident.
      
2. Requires that the investigation be concluded no later than 30 days after the initial report of the incident was received by the entity.
   
3. Specifies that those conducting the investigation should strive to maintain the privacy of all minors and adult dependents involved.
   
4. Specifies that the interview with the suspected victim should be conducted separate and apart from the suspected offender.
   
5. Allows the State Foster Care Ombudsperson access to reports and allegations of child abuse or neglect that take place in community care facilities.

FISCAL EFFECT:

1. Ongoing costs, likely in the low millions of dollars (GF) to the Department of Social Services (DSS) for 80 additional positions statewide to handle the increased workload associated with the substantially shortened CCL investigations timeframe. This includes costs to the legal and licensing divisions as well as costs to the ombudsperson.
2. Ongoing costs of approximately $50,000 (Fingerprint Fees Account) to the Department of Justice to address an anticipated increase in record requests received for Child Abuse Central index information.
3. State- mandated local costs to counties, likely minor, to provide reports to the ombudsperson. These costs are potentially reimbursable by the state dependent upon a determination by the Commission on State Mandates, should a county submit a claim.

COMMENTS:

1. Purpose. This bill seeks to better protect foster children who reside in licensed facilities. According to the author, this bill “will protect the health and safety of children in out-of-home care by requiring CCL to complete investigations of abuse or neglect within 30 days of the receipt of the allegation.”
2. Background. Within DSS, the Family Services Division is responsible for overseeing the efforts of the county child welfare services to protect children from abuse and neglect. County child welfare agencies have the authority to remove children from their homes and place them with relatives, foster parents, or in group homes. California’s child welfare system is responsible for the immediate safety of the children it serves, currently over 60,000 children and youth.

CCL, within DSS, oversees and regulates the community care facilities that include Residential Care Facilities for the Elderly (RCFEs), child care facilities, and out-of-home placement for foster youth, among others. CCL screens and inspects facilities, ensures that licensed facilities comply with applicable laws and regulations, and takes corrective action when facilities violate or cannot meet such laws and regulations. Current CCL policies state that complaint investigations should be completed in 90 days.

When allegations of abuse or neglect are reported, each agency (child welfare, CCL, law enforcement) is focused on different aspects of the incident (the victim(s), the facility, the accused), has different laws and regulations it is empowered to enforce (WIC, Health and Safety Code, Penal Code), different burdens of proof to meet (preponderance of evidence, beyond a reasonable doubt), and different consequences it can levy (removal of child(ren), citation and license revocation, arrest). CCLD investigates the facility for violations of licensing laws and regulations, which includes ensuring the health and safety of the client. There are numerous external factors that can prolong an investigation. CCLD investigators may have to wait for toxicology and autopsy results in the most serious incidents, or police reports and medical records.  In some cases, law enforcement requests that CCLD hold off on conducting its investigation until vital parts of the law enforcement investigation are concluded.

1. Related Legislation.

AB 2461 (Flora), of this legislative session, requires DOJ to continually update authorized entities – including DSS – with information about new arrests and convictions for people with access to community care facilities. AB 2461 is pending on this committee’s Suspense File.

1. Prior Legislation.
   

AB 597 (Stone), Chapter 581, Statutes of 2017, permitted Santa Clara County, Santa Cruz County, and San Mateo County to jointly share information regarding families at risk for child abuse or neglect and allowed for this information to be used for research purposes.

AB 177 (Chavez), of the 2017-2018 Legislative Session, would have required a social worker to investigate whether a reported allegation of abuse or neglect related to a parent or guardian who is a member of the military and, if so, notify appropriate authorities. AB 177 failed passage in the Assembly Public Safety Committee.

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

Date of Hearing: April 24, 2018

Counsel: Matthew Fleming

ASSEMBLY COMMITTEE ON

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:

Author:() – As Ver:

SUMMARY: Establishes a procedure to promptly investigate allegations of child abuse or neglect that occur in state community care facilities. Specifically, this bill:

1. Requires that specified entities, including police and sheriff’s departments, do the following in relation to any allegation of abuse or neglect that involves a child in foster care and occurred within a community care facility:
   
   1. Notify the Community Care Licensing Division (CCLD) within 24 hours and coordinate efforts to provide an immediate and appropriate response;
      
   2. Contact the State Foster Care Ombudsperson within 24 hours so that he or she may carry out duties specified by law including the dissemination of information regarding children’s rights, the investigation and attempt to resolve complaints, and the use discretion to refer the investigation to another agency; and,
      
   3. Conduct an investigation that includes a face-to-face interview with the suspected victim and persons believed to have personal knowledge of the incident.
      
2. Requires that the investigation be concluded no later than 30 days after the initial report of the incident was received by the entity.
   
3. Specifies that those conducting the investigation should strive to maintain the privacy of all minors and adult dependents involved.
   
4. Specifies that the interview with the suspected victim should be conducted separate and apart from the suspected offender.
   
5. Allows the State Foster Care Ombudsperson access to reports and allegations of child abuse or neglect that take place in community care facilities.

EXISTING LAW:

1. Establishes the Child Abuse and Neglect Reporting Act and states that the intent and purpose of the Act is to protect children from abuse and neglect. (Pen. Code, § 11164.)
   
2. Specifies the occupations that are mandated reporters of child abuse or neglect, including but not limited to teachers, athletic coaches, employees of a child day care facilities, peace officers, firefighters, doctors, emergency medical technicians, licensed family therapists, animal control officers, and clergy. (Pen. Code, § 11165.7.)
   
3. Provides that employers of mandated employees are strongly encouraged to provide training in the duties in child abuse and neglect identification and training in child abuse and neglect reporting. Whether or not employers provide their employees with training in child abuse and neglect identification and reporting, the employers shall provide their employees who are mandated reporters a statement of their duty to report. (Pen. Code, § 11165.7.)
   
4. Provides that reports of suspected child abuse or neglect shall be made by mandated reporters, to any police department or sheriff’s department, county probation department, or the county welfare department. (Pen. Code, § 11165.9.)
   
5. States that a mandated reporter shall make a report whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. The mandated reporter shall make an initial report by telephone to the agency immediately or as soon as is practicably possible, and shall prepare and send, fax, or electronically transmit a written follow up report within 36 hours of receiving the information concerning the incident. The mandated reporter may include with the report any non-privileged documentary evidence the mandated reporter possesses relating to the incident. (Pen. Code, § 11166.)
6. States that the term “abuse or neglect in out-of-home care” includes sexual abuse upon a child, where the person responsible for the child’s welfare is a licensee, administrator, or employee of any facility licensed to care for children, or an administrator or employee of a public or private school or other institution or agency. (Pen. Code, § 11165.5.)
   
7. States that, if, after reasonable efforts, a mandated reporter is unable to submit an initial report by telephone, the mandated reporter shall immediately or as soon as is practicably possible, by fax or electronic transmission, make a written report on the form prescribed by the Department of Justice, and shall also be available to respond to a telephone follow up call with the agency with which the report is filed. (Pen. Code, § 11166.)
   
8. States that reports of suspected child abuse or neglect must include the name, business address, and telephone number of the mandated reporter; the capacity that makes the person a mandated reporter; and the information that gave rise to the reasonable suspicion of child abuse or neglect and the source or sources of that information. If a report is made, the following information, if known, shall also be included in the report: the child’s name, the child’s address, present location, and, if applicable, school, grade, and class; the names, addresses, and telephone numbers of the child’s parents or guardians; and the name, address, telephone number, and other relevant personal information about the person or persons who might have abused or neglected the child. The mandated reporter shall make a report even if some of this information is not known or is uncertain. (Pen. Code, § 11167.)
   
9. Allows the release of reports of suspected child abuse or neglect only to certain persons and agencies specified by law. (Pen. Code, § 1167.5.)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, “Allowing children to remain in potentially unsafe conditions in foster care for up to 180 days while investigators complete their findings is egregious, and as we have seen recently – sometimes fatal. We have an obligation to these children who have already experienced unthinkable hardships and are vulnerable to further emotional harm. AB 2323 will protect the health and safety of children in out-of-home care by requiring the Community Care Licensing Division (CCLD) to complete investigations of abuse or neglect within 30 days of the receipt of the allegation. This bill also establishes critical standards and protocols by which CCLD must abide when conducting investigations of abuse or neglect in out-of-home care.”
   
2. The Federal Foster Care Program and California Agencies: The Federal Foster Care Program (FFCP) was established to help states provide safe and stable environments for children who for one reason or another are not safe at home, and meet other certain requirements. Until these children can be returned home safely, they are placed with adoptive families or in other planned arrangements. The FFCP requires a state such as California to enact a plan that provides for an administrator of the FFCP within the State and also enacts procedures for reporting and investigating suspected instances of abuse, mistreatment, or neglect.
   

In California, the Department of Social Services (DSS) is the State agency that administers the FFCP. DSS is also responsible for protecting children who are placed in the program from abuse and neglect. Within DSS the Family Services Division is responsible for overseeing the efforts of the county child welfare services to protect children from abuse and neglect. County child welfare agencies have the authority to remove children from their homes and place them with relatives, foster parents, or in group homes. The Licensing Division oversees and regulates the community care facilities that include group homes and foster families placement agencies. The licensing division screens and inspects facilities, ensures that licensed facilities comply with applicable laws and regulations, and takes corrective action when facilities violate or cannot meet such laws and regulations.

According to a fact sheet published by Public Policy Institute of California (PPIC) there were approximately 60,000 children in foster care in California in 2010. (http://www.ppic.org/content/pubs/jtf/JTF_FosterCareJTF.pdf.) According to that same fact sheet, approximately one third of the children entering foster care had a substantiated maltreatment report at the time they entered foster care.

1. Office of the Inspector General Report: During the period of time between July 1, 2013 and June 30, 2015, the United States Office of the Inspector General (OIG) conducted a review of California’s foster care program. The OIG selected 100 complaints of abuse or neglect of children against group homes or foster family homes under the oversight of DSS. (https://oig.hhs.gov/oas/reports/region9/91601000RIB.pdf.)^[1] The 100 complaints were selected from a total number of 6,182. After reviewing those complaints, the OIG concluded the Licensing Division:
   
   • 1. Failed to accurately record or investigate one complaint;
        
     2. Failed to complete investigations in a timely manner;
        
     3. Did not refer the most serious complaints to the Investigations Branch;
        
     4. Did not adequately cross-report complaints to the Family Services Division;
        
     5. Did not conduct onsite inspections within 10 days of a report of abuse or neglect;
        
     6. Did not follow appropriate procedures for employee background clearance in one case; and,
        
     7. Inadequately incorporated corrective practices. (Id.)
        

As a result these conclusions, the OIG made several recommendations to the Licensing Division. First, the OIG recommended that the Licensing Division develop an action plan to ensure that complaint investigations are completed in a timely manner, and enact additional policies and procedures as necessary and follow existing policies and procedures. In addition, the OIG recommended that the Licensing Division ensure that the new complaint system include certain functionality and provide analysts and their supervisors periodic mandatory complaint investigation training to reinforce their knowledge of the laws, regulations, policies and procedures, and best practices related to complaint investigations. (Id.)

This bill would advance the recommendations made by the OIG. It would establish swift reporting requirements and impose strict timelines for initiating and completing investigations regarding allegations of abuse or neglect. In addition, it would provide certain minimum requirements for conducting an investigation.

1. Investigations of Abuse and Neglect in Other States: In support of this bill, a team of students from the University of California Berkeley Law School conducted an analysis of how the law, regulations, and policy of California’s DSS Licensing Division compared to the rules and policies of other populous states. A side-by-side comparison of state law and policy was provided that compared California to Texas, New York, and Ohio. The conclusions of the analysis almost uniformly indicated that California is slower and less efficient in initiating and completing its investigations. For example, California’s laws require that entities receiving a complaint of abuse or neglect inform the licensing division within 24 hours, regardless of the complaint’s severity. The other three states, by contrast, had processes in place to actually begin investigations within that same time period.
   
2. Argument in Support: According to the John Burton Advocates for Youth: “John Burton Advocates for Youth enthusiastically supports Assembly Bill 2323, which is critical to better protect the health and safety of children in foster care. AB 2323 will ensure investigations of abuse and neglect for children in foster care are completed in a timely manner and are done so in a way that reduces the risk of the survivor and other children in the home from repeat maltreatment.

“Following media reports of children who died while in foster care, the Department of Health and Human Services, Office of Inspector General (OIG) investigated whether the California Department of Social Services, Community Care Licensing Division (CCLD) ensured that allegations and referrals of abuse and neglect were recorded, investigated, and resolved as required by Federal law. The report, issued in 2017, discovered CCLD failed to record, investigate, and resolve complaints of abuse or neglect in out-of-home care. For example, it noted that in ten percent of the complaints examined ‘approximately 2-15 months passed in which no activities were noted to indicate that the complaints were being actively investigated.’ The most serious allegations, Priority I and Priority II complaints involving sexual and physical abuse, took an average 172-180 days to be completed and were not properly cross-reported. The OIG emphasized that this failure to conduct timely investigations ‘potentially [places] children’s health and safety at risk.’ This risk to children’s health and safety can be severe, even fatal.

“The prompt initiation and completion of child abuse and neglect investigations is important for the collection of information and evidence, but more importantly, prevents repeat maltreatment of the child and helps to prevent the same person from victimizing other children.”

1. Related Legislation:
   
   1. AB 2461 (Flora) would require the Department of Justice (DOJ) to continually update authorized entities – including DSS – with information about new arrests and convictions for people with access to community care facilities. AB 2461 is pending in the Assembly Appropriations Committee.
      
   2. AB 2786 (Chau) of the 2017-2018 Legislative Session, would require DSS to develop an online training module to instruct public or private organizations serving youth in the detection of child abuse or neglect. AB 2786 is pending in the Assembly Judiciary Committee.
      
2. Prior Legislation:
   
   1. AB 597 (Stone), Chapter 581, Statutes of 2017, permitted Santa Clara County, Santa Cruz County, and San Mateo County to jointly share information regarding families at risk for child abuse or neglect and allowed for this information to be used for research purposes.
      
   2. AB 177 (Chavez), of the 2017-2018 Legislative Session, would have required a social worker to investigate whether a reported allegation of abuse or neglect related to a parent or guardian who is a member of the military and, if so, notify appropriate authorities. AB 177 failed passage in the Assembly Public Safety Committee.
      

REGISTERED SUPPORT / OPPOSITION:

Support

National Youth Law Center (Sponsor)
Advokids
Children’s Advocacy Center for Child Abuse Assessment and Treatment

John Burton Advocates for Youth

Opposition

None.

Analysis Prepared by:

1. The full OIG report is available here: https://oig.hhs.gov/oas/reports/region9/91601000.pdf [as of April 17, 2018] ↑

Date of Hearing: April 10, 2018

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Blanca Rubio, Chair

ABPCA Bill Id:AB 2323 (

Author:Rubio) – As Amended Ver:April 4, 2018

SUBJECT: Child abuse or neglect: foster children

SUMMARY: Creates timelines and lists certain requirements with which an investigation of a report of child abuse or neglect that involved a foster child in a community care facility must comply, and includes the Office of the State Foster Care Ombudsperson among the entities to whom reports of suspected child abuse or neglect and information may be disclosed.

Specifically, this bill:

1. Requires and authorizes certain actions when any police, sheriff’s, county probation, or county welfare department as designated in current law, receives a reported allegation of child abuse or neglect of a foster youth from a mandated reporter, as specified, in which the alleged abuse or neglect occurred in a community care facility, as follows:
   1. Requires the entity to, within 24 hours, notify the licensing agency, as specified, and coordinate efforts with the licensing agency to provide an immediate and appropriate response to investigate the report.
   2. Allows the entity and the licensing agency to collaborate to develop protocols for implementing notification of the licensing agency and coordination of investigations, as specified.
   3. Requires the entity, within 24 hours, to notify the Office of the State Foster Care Ombudsperson, as specified, and requires, upon completion of the investigation, the entity to send a copy of the investigation report to the Office of the State Foster Care Ombudsperson.
2. Requires an investigation of the reported allegation to include, but not be limited to:
   1. A face-to-face interview with the suspected victim of abuse or neglect;
   2. A face-to-face interview with any other child who is believed by the investigator to have knowledge of the alleged incident, and who was residing in the facility at the time of the alleged incident; and
   3. A face-to-face interview with any adults residing in, or staff present at, the community care facility at the time of the alleged incident of abuse or neglect.
3. Requires an investigator, to the best of his or her ability, maintain the privacy of all minors and nonminor dependents involved in the investigation.
4. Requires any interview conducted with the suspected victim of abuse or neglect, and any other children, to be conducted separate and apart from the suspected offender.
5. Requires an investigation conducted by the entity or the licensing agency to be completed within 30 days of the entity receiving the initial report.
6. Includes the Office of the State Foster Care Ombudsperson among the list of entities to whom reports of suspected child abuse or neglect, and certain information, may be disclosed, but limits this access to instances in which the reported incident of child abuse or neglect involves a foster youth and occurred in a community care facility, as specified.
7. Makes technical changes.

EXISTING LAW:

1. Defines a mandated reporter as an individual required to report suspected or known instances of child abuse and neglect, and includes, teachers, social workers, probation officer, firefighters, and physicians, among others. (PEN 11165.7 (a))
2. Requires reports of suspected child abuse or neglect to be made by mandated reporters to certain entities, including any police department or sheriff’s department, county probation department, or the county welfare department, as specified. (PEN 11165.9)
3. Requires a mandated reporter to make a report to an agency whenever the mandated reporter has knowledge of or observes a child who has been the victim of child abuse or neglect, as specified. (PEN 11166)
4. Requires, when an entity receives a report of suspected abuse or neglect from a mandated reporter, the entity to notify the licensing office with jurisdiction over the facility of certain information, as specified. (PEN 11166.1 (a))
5. Establishes the Community Care Facilities Act, which allows for the licensure and oversight of out of home placements for abused and neglected children by DSS. (HSC 1500 et seq.)
6. Defines a “community care facility” as any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes: residential facilities, adult day programs, foster family agencies, group homes, and children’s crisis residential programs, among others. (HSC 1502 et seq.)
7. Establishes the Community Care Licensing Division (CCLD) within DSS and requires DSS to license group care facilities, private foster family agencies, and foster family homes in order to place children who are in the child welfare system. (HSC 1502 and 1522)
8. Establishes the Office of the State Foster Care Ombudsperson in order to provide children who are placed in foster care with a means to resolve issues related to their care, placement, or services. (WIC 16160 et seq.)

FISCAL EFFECT: Unknown.

COMMENTS:

Child Welfare Services: The primary objective of California’s Child Welfare Services (CWS) system is to protect children from abuse and neglect while also providing for their health, safety, and overall well-being. When it is determined that a child is at risk of abuse, neglect, or abandonment, county juvenile courts hold legal jurisdiction and the CWS system appoints a social worker in order to best serve the needs of the child. Through CWS, multiple opportunities arise for the judicial system to evaluate, review and determine the custody of the child, or determine the best out of home placement for the youth. Together, the judicial system and the child’s social worker work to ensure that the best possible services are provided to the child. The CWS system also, when appropriate, works to reunite children who have been removed from the custody of their parents or guardians with individuals they consider to be family. California’s child welfare system currently serves over 60,000 children and youth.

DSS Community Care Licensing Division (CCLD): CCLD is tasked with the responsibility of licensing and investigating complaints against facilities within its jurisdiction, which includes: Residential Care Facilities for the Elderly (RCFEs) child care facilities, and out-of-home placement for foster youth, among others. These facilities typically provide non-medical care and supervision for children and adults in need, which includes adult care services, families in need of early childhood education (child care), children in foster care and at-risk youth needing shelter services, seniors in need of residential care, and individuals with disabilities. CCLD is responsible for screening and inspecting facilities to ensure facilities comply with applicable laws and regulations, as well as overseeing any necessary corrective actions in the event of noncompliance.

When allegations of abuse or neglect within a licensed foster-care facility are reported, CCLD analysts are tasked with determining whether a violation of law or regulation occurred and, in the event that a violation is determined to have occurred, records certain relevant information and assigns the complaint one of the following priority codes:

1. Priority I: involve allegations such as sexual abuse with penetration of the genitals or physical abuse resulting in great bodily injury.
2. Priority II: involve allegations such as sexual abuse that involve sexual behavior (without penetration) or physical abuse resulting in minor injuries or bruises.
3. Priority III: involve allegations such as physical abuse with no injuries or bruises, or neglect or lack of supervision by a licensed facility, facility employee, volunteer, and the like.
4. Priority IV: involve allegations such as physical/corporal punishment, such as spanking, or lack of supervision that did not result in any abuse or injury), unsanitary conditions, and other regulatory violations.

Once a complaint has been recorded and assigned to one of CCLD’s five regions, the Investigations Branch may choose to: accept the investigation and investigate the complaint in its entirety; accept the investigation and complete only specific pieces of the investigation; or reject the investigation and return it to the regional licensing office to investigate. When an analyst begins an investigation, the analyst reviews the facility’s files regarding compliance and complaint histories, and also attempts to contact the person who filed the complaint to obtain any additional information that may be relevant. Within 10 days of receiving the complaint, the analyst performs an unannounced initial onsite inspection at the facility during which the analyst explains the purpose of the inspection, reviews files, conducts interviews, and tours the facility. During the course of the investigation, the analyst also attempts to interview as many witnesses related to the allegation as possible, including the children who are alleged victims, as well as reviews any medical records, law enforcement reports, and photographs related to the abuse allegation. Once an investigation has been completed, the analyst determines if the allegation is unfounded, inconclusive, or substantiated, and in the event of substantiation, the facility is cited and any administrative actions deemed necessary are initiated and the analyst works with the facility to develop a plan of correction (POC). The POC details the corrective action that a licensee needs to take in order to be in compliance, as well as a due date for any corrections made as a result of the POC. Current CCLD policies state that complaint investigations should be completed in 90 days.

Office of Inspector General (OIG) report: In September 2017, the U.S. Department of Health and Human Services OIG released a report regarding the rates at which California ensured that allegations and referrals of abuse and neglect of children in foster care were properly recorded, investigated, and resolved. The report found that CCLD did not: accurately record or investigate one complaint such that the complaint was not investigated; complete investigations in a timely manner; refer priority I and II complaints to the Investigations Branch; adequately cross-report complaints to the family services division and to law enforcement; conduct onsite inspections within 10 days; associate an employee of a community care facility with the facility; or adequately clear POC deficiencies. As a result of these findings, the OIG report made the following recommendations to CCLD:

1. Develop an action plan to ensure that complaint investigations are completed in a timely manner;
2. Develop policies and procedures to ensure all complaints are recorded and investigated, retain Investigations Branch referral documentation, and record complaints immediately after they are received;
3. Follow existing policies and procedures to refer all priority I and II complaints to the Investigations Branch, adequately cross-report complaints, conduct onsite complaint inspections within the required 10-day timeframe, and clear POC deficiencies in a timely manner;
4. Ensure that the new complaint system includes functionality to create alerts to track 10-day inspections, allow analysts or supervisors to enter or revise complaint receipt dates, and indicate when a referral to the Investigations Branch has been made; and
5. Provide analysts and supervisors with periodic mandatory complaint investigation training to reinforce knowledge of laws, regulations, policies, procedures, and best practices related to complaint investigations.

On August 21, 2017, DSS issued a written response to the OIG report in which the department agreed with the recommendations of the report and provided the OIG with information regarding actions the department had taken or planned to take in order to address the report’s recommendations.

Need for this bill: According to the author, “Allowing children to remain in potentially unsafe conditions in foster care for up to 180 days while investigators complete their findings is egregious, and as we have seen recently—sometimes fatal. We have an obligation to these children who have already experienced unthinkable hardships and are vulnerable to further emotional harm. [This bill] will protect the health and safety of children in out-of-home care by requiring CCLD to complete investigations of abuse or neglect within 30 days of the receipt of the allegation. This bill also establishes critical standards and protocols by which CCLD must abide when conducting investigations of abuse or neglect in out-of-home care.”

PRIOR LEGISLATION:

AB 2149 (Longville), Chapter 833, Statutes of 2004, required DSS to create procedures for responding to incidents and complaints against group home facilities, and imposed requirements on DSS relating to the provision of inspection reports.

DOUBLE REFERRAL. This bill has been double-referred. Should this bill pass out of this committee, it will be referred to the Assembly Committee on Public Safety.

REGISTERED SUPPORT / OPPOSITION:

Support

Advokids

California Alliance of Caregivers

California Alliance of Child and Family Services

Children Now

Grandparents As Parents

Junior Leagues of California

Law Foundation of Silicon Valley

National Association of Social Workers, CA Chapter

The Children’s Advocacy Center

Opposition

None on file.

Analysis Prepared by: Kelsy Castillo / HUM. S. / (916) 319-2089