Existing law establishes a system of statewide child welfare services, administered by each county under the oversight of the State Department of Social Services, with the intent that all children are entitled to be safe and free from abuse and neglect. Existing law defines child welfare services for these purposes to mean public social services that are directed toward the accomplishment of various purposes, including protecting and promoting the welfare of all children, and includes, among other services, emergency response services, family preservation services, family maintenance services, family reunification services, and permanent placement services.

Existing law requires public social services for the deaf and hard of hearing to be available in at least 3 regions throughout the state. Existing law provides that public social services for the deaf and hard of hearing includes, but is not limited to, complete communication services through interpreter services by a professional interpreter for the deaf, as specified, and counseling.

This bill would require each county welfare department and any other county entity that provides child welfare services, as defined, to ensure that a recipient of child welfare services who is deaf or hard of hearing has equal access to those services at no cost to the recipient. The bill would require each county welfare department to designate one staff person to serve as the Deaf and Hard of Hearing Coordinator, as described, for the delivery of child welfare services in the county to children and parents who are deaf and hard of hearing. By creating new duties for county officials, the bill would impose a state-mandated local program.

The bill would require the State Department of Social Services to, among other things, establish a Deaf Services Manager within the Children and Family Services Division of the department to be responsible for the statewide implementation of these provisions, provisions and to serve as a resource for county Deaf and Hard of Hearing Coordinators, and would require the department to develop protocols, procedures, training curricula, and other materials necessary to ensure that the requirements of this section are uniformly implemented in all counties throughout the state.

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 no reimbursement is required by this act for a specified reason.

Existing law allows the board of supervisors of each county to prescribe rules which authorize the county hospital to integrate its services with those of other hospitals into a system of community service which offers free choice of hospitals to those requiring hospital care. Existing law authorizes the board of supervisors of any county to transfer the maintenance, operation, and management or ownership of the county hospital to the University of California or any other public agency or community nonprofit corporation empowered to operate a hospital facility.

This bill would make technical, nonsubstantive changes to these provisions.

ASSEMBLY THIRD READING

ATR Bill Id:AB 3006

Author:(Mark Stone)

As Amended Ver:May 25, 2018

Majority vote

SUMMARY: Requires each county welfare department to designate one staff person to serve as the Deaf and Hard of Hearing Coordinator in order to ensure the provision of child welfare services to youth who are deaf or hard of hearing, and requires the Department of Social Services (DSS) to create a Deaf Services Manager within the Child and Family Services Division to oversee implementation of the requirements of this bill.

Specifically, this bill:

1. Makes Legislative findings and declarations that state and federal nondiscrimination laws require the provision of accommodations to individuals who are deaf and hard of hearing to ensure effective communication.
2. States Legislative intent to ensure that recipients of child welfare services who are deaf and hard of hearing be provided services in every component of child welfare services in which they are engaged.
3. Requires each county welfare department and any other county entity that provides child welfare services, as specified, to ensure that recipients of child welfare services who are deaf or hard of hearing have equal access to services at no cost to the recipient.
4. Requires each county welfare department to designate one staff person to serve as the Deaf and Hard of Hearing Coordinator to deliver child welfare services to children in the county who are deaf and hard of hearing, and who may be responsible for other duties within the county if the coordination of delivery of services does not require a full-time position, and requires the coordinator to:
   1. Be fluent in American Sign Language (ASL), or be able to communicate in ASL by ensuring sufficient numbers of county staff are fluent in ASL or by ensuring that the county is able to secure the services of one or more interpreters fluent in ASL, as necessary;
   2. Be familiar with the different accommodation options for children who are deaf and hard of hearing and their families;
   3. Be sensitive to the issues and needs of the diversity of the deaf and hard of hearing community and varying degrees of hearing;
   4. Be respectful of the deaf and hard of hearing culture; and
   5. Be knowledgeable of local, state, and federal resources and agencies that assist children who are deaf and hard of hearing, particularly the eight regional programs of the state's Deaf Access Program, as specified.
5. Requires the Deaf and Hard of Hearing Coordinator to:
   1. Oversee and facilitate accommodations for communication between county staff and partner entities and all children and parents who are deaf and hard of hearing and their families who are receiving child welfare services; and
   2. Communicate with the Court Interpreters Program or the federal Americans with Disabilities Act of 1990 (ADA) coordinator of the juvenile court to relay any special accommodations necessary for court proceedings.
6. Instructs DSS to establish a Deaf Services Manager within the Children and Family Services Division of the department in order to oversee implementation of the provisions of this bill, and to serve as a resource for county Deaf and Hard of hearing Coordinators, as specified.
7. Requires DSS to develop protocols, procedures, training curricula, and other necessary materials to ensure uniform implementation of the provisions of this bill throughout the state, and equal access to services.
8. Requires DSS to establish a working group, including individuals who are deaf and hard of hearing, advocacy groups for the deaf and hard of hearing, the County Welfare Directors Association of California, representatives from the eight regional programs of the state's Deaf Access Program, and representatives of the juvenile court, among others, in order to consult on the role and responsibilities of the Deaf Services Manager and the development of materials, as specified.
9. Preserves the rights of a person to pursue any remedies or causes of action that he or she may have under state or federal law to enforce compliance with those laws or obligations.

EXISTING LAW:

1. States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being physically, sexually, or emotionally abused, neglected, or exploited, and to ensure the safety, protection, and physical and emotional well-being of children who are at risk of harm. (Welfare and Institutions Code Section (WIC) 300.2)
2. Declares the intent of the Legislature to, whenever possible, preserve and strengthen a child's family ties and, when a child must be removed from the physical custody of his or her parents, to give preferential consideration to placement with relatives. States the intent of the Legislature to reaffirm its commitment to children who are in out-of-home placement to live in the least restrictive family setting and as close to the child's family as possible, as specified. Further states the intent of the Legislature that all children live with a committed, permanent, nurturing family and states that services and supports should be tailored to meet the specific needs of the individual child and family being served, as specified. (WIC 16000)
3. Requires public social services for the deaf and hard of hearing to include, but not be limited to, complete communication services through interpreter services by a professional interpreter for the deaf, advocacy to assure deaf and hard-of-hearing persons receive equal access to public and private services, and job development and job placement, among others. (WIC 10621)
4. Prohibits discrimination against individuals in protected classes, including national origin and ethnic group identification, for purposes of providing full and equal access to benefits or programs that are operated or funded by the state. (Government Code Section (GOV) 11135 et seq.)

FISCAL EFFECT: According to the Assembly Appropriations Committee on May 25, 2018, this bill may result in the following costs:

1. Estimated costs to counties of approximately $500,000 (General Fund [GF]/county funds) statewide for each to designate a Deaf and Hard of Hearing Coordinator who meets the requirements of the position. To the extent that counties do not have existing staff who meet this requirement, additional staff will be needed. If four counties must hire a qualified coordinator, statewide costs would be around $500,000;
2. Estimated costs to DSS of $146,000 (federal funds/GF) in the first year and $132,000 (federal funds/GF) annually ongoing for the required Deaf Services Manager; and
3. Minor costs, likely in the $10,000 to $20,000 range, to DSS to contract for curricula and materials that cannot be developed in-house.

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.

Deafness and individuals who are hard-of-hearing: According to the California State Independent Living Council (SILC), in 2008, there were an estimated 1,038,126 Deaf and hard of hearing individuals in California who experience a variety of needs. While the Civil Rights Act of 1964 helped to foster inclusion and change for individuals with disabilities, including people who are Deaf, who face barriers to living in the community, stakeholders argue that there is more that needs to be done to serve Deaf and hard of hearing individuals. The SILC acknowledges that misconceptions exist regarding the ability of individuals who are Deaf to communicate by reading lips or wearing hearing aids. It is estimated that only 30-40% of sounds in the English language are distinguishable from sight alone, making lip-reading a difficult skill to master. Another misconception is that all Deaf and hard of hearing people communicate successfully by writing, however this may not be the case for those who learn English as a second language but may not become proficient in written or typed English. The exact size of the population affected by the provisions of this bill is currently unknown.

Need for this bill: According to the author, "For many, the child welfare system can be an intimidating and frustrating system to navigate. However, it can be near impossible for those that are deaf or hard of hearing. Although those that are deaf or hard of hearing are entitled to effective communication with state and local government agencies, these families are often not provided with accommodations. Be it a lack of interpreter at a home visit, lack of translation services during a class, the lack of effective communication accommodations can have dire consequences, especially within the child welfare system. [This bill] ensures compliance with state and federal equal access laws by requiring a Deaf and Hard of Hearing Coordinator within each county and a Deaf Services Manager within DSS. By requiring an individual to oversee the management of families who are deaf or hard of hearing and effective training for folks working with families who are deaf or hard of hearing, California can better serve all of its residents and have a greater opportunity to keep families together."

Analysis Prepared by: Kelsy Castillo / HUM. S. / (916) 319-2089 FN: 0003360

Date of Hearing: May 16, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 3006

Author:(Mark Stone) – As Amended Ver:March 22, 2018

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

SUMMARY:

This bill requires each county welfare department to designate a Deaf and Hard of Hearing Coordinator and requires the Department of Social Services (DSS) to create a Deaf Services Manager within the Child and Family Services Division. Specifically, this bill:

1. Requires each county welfare department and any other county entity that provides child welfare services to ensure deaf or hard ofhearing service recipients have equal access to services at no cost to the recipient.
2. Requires each county welfare department to designate one staff person to serve as the Deaf and Hard of Hearing Coordinator to deliver child welfare services to children in the county who are deaf and hard of hearing, and requires the coordinator to be fluent in American Sign Language (ASL) and familiar with specified needs, concerns, and services for children who are deaf and hard of hearing and their families.
3. Requires the coordinator to oversee and facilitate accommodations for communication between county staff and entities and children who are deaf and hard of hearing who are receiving child welfare services.
4. Instructs DSS to establish a Deaf Services Manager within the Children and Family Services Division of the department in order to oversee implementation of the provisions of this bill.
5. Instructs DSS to develop protocols, procedures, training curricula, and other necessary materials to ensure uniform statewide implementation of this bill and equal access to services, as specified.
6. Requires DSS to establish a working group, with specified members, to consult on the role and responsibilities of the Deaf Services Manager and the development of materials.

FISCAL EFFECT:

1. Estimated costs to counties of approximately $1 million (GF/county funds) statewide for each to designate a Deaf and Hard of Hearing Coordinator who is fluent in ASL and meets the other requirements of the position. To the extent that counties do not have existing staff who meet this requirement, additional staff will be needed. If ten counties must hire a qualified coordinator, statewide costs would be around $1 million.
2. Estimated costs to DSS of $146,000 (federal funds/GF) in the first year and $132,000 (federal funds/GF) annually ongoing for the required Deaf Services Manager.
3. Minor costs, likely in the $10,000 to $20,000 range, to DSS to contract for curricula and materials that cannot be developed in-house.

COMMENTS:

1. Purpose. This bill seeks to ensure deaf and hard of hearing youth have equal access to child welfare services by requiring counties and the state to have staff that can accommodate their communication needs. According to the author:

For many, the child welfare system can be an intimidating and frustrating system to navigate. However, it can be near impossible for those that are deaf or hard of hearing. Although those that are deaf or hard of hearing are entitled to effective communication with state and local government agencies, these families are often not provided with accommodations. [This bill] ensures compliance with state and federal equal access laws.

1. Background. The Americans with Disabilities Act of 1990 (ADA) protects individuals with disabilities in employment, state and local government services, public accommodations, transportation, and telecommunications.

Existing state law establishes the Deaf Access Program in DSS to ensure that Californians who are deaf or hard of hearing and eligible to access public benefits are able to access those services. The program provides communication services, such as qualified sign language interpreters to assist with a client or an agency, and can provide emergency, 24-hour sign language services to meet medical, legal or civil emergencies. The program seeks to ensure that deaf and hard of hearing clients can access social services, health and safety services, and may intervene to protect deaf children’s communication rights. The program can provide crisis intervention and counseling in cases of spousal or child abuse, and counseling to help clients cope with deafness or hearing loss. The program receives $5.2 million annually, and DSS contracts with eight service providers statewide. DSS estimates that 194,865 people were served in FY 2016-17 and FY 2017-2018.

According to the US Census Bureau’s American Community Survey, 3.6 percent of Americans – or more than 11 million people – reported having a hearing difficulty in 2015. In California, 2.9 percent of the population, or 1.1 million people, reported a hearing difficulty in the same year. The vast majority of those are adults over 18 years old.

1. Prior Legislation.

AB 322 (Mullin), of the 2017-18 Legislative Session, continuously appropriates $8.2 million from the General Fund to DSS to provide services through the Deaf Access Program. It was held on the Senate Appropriations Committee’s Suspense File.

AB 1709 (Gallagher), Chapter 94, Statutes of 2016, replaced the term “hearing impaired” with the term “hard of hearing,” or a close variation, throughout various statutes.

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

Date of Hearing: April 24, 2018

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Blanca Rubio, Chair

ABPCA Bill Id:AB 3006 (

Author:Mark Stone) – As Amended Ver:March 22, 2018

SUBJECT: Child welfare services: recipients who are deaf and hard of hearing.

SUMMARY: Requires each county welfare department to designate one staff person to serve as the Deaf and Hard of Hearing Coordinator in order to ensure the provision of child welfare services to youth who are deaf or hard of hearing, and requires the Department of Social Services (DSS) to create a Deaf Services Manager within the Child and Family Services Division to ensure implementation of this bill.

Specifically, this bill:

1. States Legislative intent to ensure that recipients of child welfare services who are deaf and hard of hearing be provided services in every component of child welfare services in which they are engaged.
2. Requires each county welfare department and any other county entity that provides child welfare services, as specified, to ensure deaf or hard of hearing service recipients have equal access to services at no cost to the recipient.
3. Requires each county welfare department to designate one staff person to serve as the Deaf and Hard of Hearing Coordinator to deliver child welfare services to children in the county who are deaf and hard of hearing, and requires the coordinator to:
   1. Be fluent in American Sign Language;
   2. Be familiar with the different accommodation options or children who are deaf and hard of hearing and their families;
   3. Be sensitive to the issues and needs of the diversity of the deaf and hard of hearing community and varying degrees of hearing;
   4. Be respectful of the deaf and hard of hearing culture; and
   5. Be knowledgeable of local, state, and federal resources and agencies that assist children who are deaf and hard of hearing.
4. Requires the Coordinator to oversee and facilitate accommodations for communication between county staff and entities and children who are deaf and hard of hearing who are receiving child welfare services as well as their families.
5. Instructs DSS to establish a Deaf Services Manager within the Children and Family Services Division of the department in order to oversee implementation of the provisions of this bill.
6. Instructs DSS to develop protocols, procedures, training curricula, and other necessary materials to ensure uniform implementation of the provisions of this bill throughout the state, and equal access to services, as specified.
7. Requires DSS to establish a working group, including individuals who are deaf and hard of hearing, advocacy groups for the deaf and hard of hearing, the County Welfare Directors Association, among others, in order to consult on the role and responsibilities of the Deaf Services Manager and the development of materials, as specified.
8. Preserve the rights of a person to pursue any remedies or causes of action that he or she may have under federal law to enforce compliance with federal laws or obligations.

EXISTING LAW:

1. States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being physically, sexually, or emotionally abused, neglected, or exploited, and to ensure the safety, protection, and physical and emotional well-being of children who are at risk of harm. (WIC 300.2)
2. Declares the intent of the Legislature to, whenever possible, preserve and strengthen a child’s family ties and, when a child must be removed from the physical custody of his or her parents, to give preferential consideration to placement with relatives. States the intent of the Legislature to reaffirm its commitment to children who are in out-of-home placement to live in the least restrictive family setting and as close to the child’s family as possible, as specified. Further states the intent of the Legislature that all children live with a committed, permanent, nurturing family and states that services and supports should be tailored to meet the specific needs of the individual child and family being served, as specified. (WIC 16000)
3. Requires public social services for the deaf and hard of hearing to include, but not be limited to, complete communication services through interpreter services by a professional interpreter for the deaf, advocacy to assure deaf and hard-of-hearing persons receive equal access to public and private services, and job development and job placement, among others. (WIC 10621)
4. Prohibits discrimination against individuals in protected classes, including national origin and ethnic group identification, for purposes of providing full and equal access to benefits or programs that are operated or funded by the state. (GOV 11135 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.

Deafness and individuals who are hard-of-hearing: According to the California State Independent Living Council (SILC), in 2008, there were an estimated 1,038,126 Deaf and hard of hearing individuals in California who experience a variety of needs. While the Civil Rights Act of 1964 helped to foster inclusion and change for individuals with disabilities, including people who are Deaf, who face barriers to living in the community, stakeholders argue that there is more that needs to be done to serve Deaf and hard of hearing individuals. The SILC acknowledges that misconceptions exist regarding the ability of individuals who are Deaf to communicate by reading lips or wearing hearing aids. It is estimated that only 30-40% of sounds in the English language are distinguishable from sight alone, making lip-reading a difficult skill to master. Another misconception is that all Deaf and hard of hearing people communicate successfully by writing, however this may not be the case for those who learn English as a second language but may not become proficient in written or typed English. The exact size of the population affected by the provisions of this bill is currently unknown.

Need for this bill: According to the author, “For many, the child welfare system can be an intimidating and frustrating system to navigate. However, it can be near impossible for those that are deaf or hard of hearing. Although those that are deaf or hard of hearing are entitled to effective communication with state and local government agencies, these families are often not provided with accommodations. Be it a lack of interpreter at a home visit, lack of translation services during a class, the lack of effective communication accommodations can have dire consequences, especially within the child welfare system. [This bill] ensures compliance with state and federal equal access laws by requiring a Deaf and Hard of Hearing Coordinator within each county and a Deaf Services Manager within DSS. By requiring an individual to oversee the management of families who are deaf or hard of hearing and effective training for folks working with families who are deaf or hard of hearing, California can better serve all of its residents and have a greater opportunity to keep families together.”

PRIOR LEGISLATION:

AB 322 (Mullin), 2017, would have continuously appropriated $8.2 million from the General Fund to DSS to provide deaf access program services through the deaf access program. It was held in the Senate Appropriations Committee.

AB 2980 (Alatorre), Chapter 1193, Statutes of 1980, established the Access Assistance/Deaf Access Program in California.

REGISTERED SUPPORT / OPPOSITION:

Support

Disability Rights California, sponsor

Opposition

None on file.

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