AB 3161: Child welfare services: substance use disorder.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-04-17
Existing law requires the State Department of Social Services to implement a single statewide Child Welfare Services Case Management System to administer and evaluate the states child welfare services and foster care programs.
This bill would require the Child Welfare Services Case Management System to include, for cases in which a child welfare services worker is investigating a home for possible abuse or neglect of a child, the option of checking a yes or no box in regard to whether substance abuse is suspected in the home.This bill would require the department to submit a report to the Legislature that contains specified information, including the total number of referrals to child welfare services recorded for each year, the percentage of substantiated allegations in which substance use disorder was suspected, and the percentage of substantiated allegations of substance use disorder that resulted in the child or the childs caregiver, or both, seeking voluntary or court-ordered treatment for the substance use disorder. The bill would require the department to submit that report to the Legislature on or before December 31, 2019, and would require the report to include data for all the years from 2010 to 2018, inclusive, as available. The bill would require the department, on January 1, 2020, and annually thereafter, to submit an annual report to the Legislature that includes the above-referenced information for the previous year.
Existing law requires the State Department of Social Services to implement a single statewide Child Welfare Services Case Management System to administer and evaluate the states child welfare services and foster care programs.
This bill would require the Child Welfare Services Case Management System to include, for cases in which a child welfare services worker is investigating a home for possible abuse or neglect of a child, the option of checking a yes or no box in regard to whether substance abuse is suspected in the home.
Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent of the court under certain circumstances, including when the child suffered, or there is a substantial risk that the child will suffer, serious physical harm, or a parent fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law establishes the grounds for removal of a dependent child from the custody of his or her parents or guardian, and establishes procedures to determine placement of a dependent child.This bill would make technical, nonsubstantive changes to those provisions.Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent of the court under certain circumstances, including when the child suffered, or there is a substantial risk that the child will suffer, serious physical harm, or a parent fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law establishes the grounds for removal of a dependent child from the custody of his or her parents or guardian, and establishes procedures to determine placement of a dependent child.
This bill would make technical, nonsubstantive changes to those provisions.
(a)On or before December 31, 2019, the department shall submit a report to the Legislature that contains all of the data available regarding the following information:
(1)The total number of referrals to child welfare services recorded for each year designated.
(2)The percentage of recorded referrals for each year designated that necessitated an in-person child welfare services visit, and in which allegations of child neglect, maltreatment, or abuse were substantiated.
(3)The percentage of substantiated allegations for each year designated in which substance use disorder was suspected and noted by the case worker.
(4)The percentage of substantiated allegations of substance use disorder for each year designated that resulted in the child or the childs caregiver, or both, seeking voluntary or court-ordered treatment for the substance use disorder.
(b)The report required by subdivision (a) shall include data for all the years from 2010 to 2018, inclusive, as available.
(c)On January 1, 2020, and annually thereafter, the department shall submit a report to the Legislature that includes the data specified in subdivision (a) for the previous year.
(d)The department shall note, in the reports required by this section, any data that may not be collected or may not be shared due to privacy laws.
(e)The reports required by this section shall be submitted in compliance with Section 9795 of the Government Code.
SECTION 1.Section 16501.5 of the Welfare and Institutions Code is amended to read:16501.5.(a)In order to protect children and effectively administer and evaluate Californias Child Welfare Services and Foster Care programs, the department shall implement a single statewide Child Welfare Services Case Management System no later than July 1, 1993.(b)It is the intent of the Legislature in developing and implementing a statewide Child Welfare Services Case Management System to minimize the administrative and systems barriers that inhibit the effective provision of services to children and families by applying current technology to the systems that support the provision and management of child welfare services. Therefore, it is the intent of the Legislature that the Child Welfare Services Case Management System achieve all of the following:(1)Provide child welfare services workers with immediate access to child and family specific information in order to make appropriate and expeditious case decisions.(2)Provide child welfare services workers with the case management information needed to effectively and efficiently manage their caseloads and take appropriate and timely case management actions.(3)Provide state and county child welfare services management with the information needed to monitor and evaluate the accomplishment of child welfare services tasks and goals.(4)Provide all child welfare services agencies with a common database and definition of information from which to evaluate the child welfare services programs in terms of the following:(A)Effectiveness in meeting statutory and regulatory mandates, goals, and objectives of the programs.(B)Effectiveness in meeting the needs of the families and children serviced by the program.(C)Projecting and planning for the future needs of the families and children served by the program.(5)Meeting federal statistical reporting requirements with a minimum of duplication of effort.(6)Consolidate the collection and reporting of information for those programs that are closely related to child welfare services, including foster care and emergency assistance.(7)Utilize the child welfare services functionality defined in current and planned automated systems as the foundation for the development of the technical requirements for the Child Welfare Services Case Management System.(c)It is the intent of the Legislature that the Child Welfare Services Case Management System shall provide the required comprehensive and detailed individual county data needed by the department to implement and monitor the performance standards system.(d)The Child Welfare Services Case Management System shall include, for cases in which a child welfare services worker is investigating a home for possible abuse or neglect of a child, the option of checking a yes or no box in regard to whether substance abuse is suspected in the home.(a)In order to protect children and effectively administer and evaluate Californias Child Welfare Services and Foster Care programs, the department shall implement a single statewide Child Welfare Services Case Management System no later than July 1, 1993.
(b)It is the intent of the Legislature in developing and implementing a statewide Child Welfare Services Case Management System to minimize the administrative and systems barriers which that inhibit the effective provision of services to children and families by applying current technology to the systems which that support the provision and management of child welfare services. Therefore, it is the intent of the Legislature that the Child Welfare Services Case Management System achieve all of the following:
(1)Provide child welfare services workers with immediate access to child and family specific information in order to make appropriate and expeditious case decisions.
(2)Provide child welfare services workers with the case management information needed to effectively and efficiently manage their caseloads and take appropriate and timely case management actions.
(3)Provide state and county child welfare services management with the information needed to monitor and evaluate the accomplishment of child welfare services tasks and goals.
(4)Provide all child welfare services agencies with a common data base database and definition of information from which to evaluate the child welfare services programs in terms of the following:
(A)Effectiveness in meeting statutory and regulatory mandates, goals, and objectives of the programs.
(B)Effectiveness in meeting the needs of the families and children serviced by the program.
(C)Projecting and planning for the future needs of the families and children served by the program.
(5)Meeting federal statistical reporting requirements with a minimum of duplication of effort.
(6)Consolidate the collection and reporting of information for those programs which that are closely related to child welfare services, including foster care and emergency assistance.
(7)Utilize the child welfare services functionality defined in current and planned automated systems as the foundation for the development of the technical requirements for the Child Welfare Services Case Management System.
(c)It is the intent of the Legislature that the Child Welfare Services Case Management System shall provide the required comprehensive and detailed individual county data needed by the department to implement and monitor the performance standards system.
(d)The Child Welfare Services Case Management System shall include, for cases in which a child welfare services worker is investigating a home for possible abuse or neglect of a child, the option of checking a yes or no box in regard to whether substance abuse is suspected in the home.
SECTION 1.Section 319 of the Welfare and Institutions Code is amended to read:319.(a)At the initial petition hearing, the court shall examine the childs parents, guardians, or other persons having relevant knowledge and hear the relevant evidence as the child, the childs parents or guardians, the petitioner, or their counsel desires to present. The court may examine the child, as provided for in Section 350.(b)The social worker shall report to the court on the reasons why the child has been removed from the parents physical custody, the need, if any, for continued detention, the available services and the referral methods to those services that may facilitate the return of the child to the custody of the childs parents or guardians, and whether there are any relatives who are able and willing to take temporary physical custody of the child. The court shall order the release of the child from custody unless a prima facie showing has been made that the child comes within Section 300, the court finds that continuance in the parents or guardians home is contrary to the childs welfare, and any of the following circumstances exist:(1)There is a substantial danger to the physical health of the child or the child is suffering severe emotional damage, and there are no reasonable means by which the childs physical or emotional health may be protected without removing the child from the parents or guardians physical custody.(2)There is substantial evidence that a parent, guardian, or custodian of the child is likely to flee the jurisdiction of the court.(3)The child has left a placement in which he or she was placed by the juvenile court.(4)The child indicates an unwillingness to return home, if the child has been physically or sexually abused by a person residing in the home.(c)If the matter is continued pursuant to Section 322 or for any other reason, the court shall find that the continuance of the child in the parents or guardians home is contrary to the childs welfare at the initial petition hearing or order the release of the child from custody.(d)(1)The court shall also make a determination on the record, referencing the social workers report or other evidence relied upon, as to whether reasonable efforts were made to prevent or eliminate the need for removal of the child from his or her home, pursuant to subdivision (b) of Section 306, and whether there are available services that would prevent the need for further detention. Services to be considered for purposes of making this determination are case management, counseling, emergency shelter care, emergency in-home caretakers, out-of-home respite care, teaching and demonstrating homemakers, parenting training, transportation, and any other child welfare services authorized by the State Department of Social Services pursuant to Chapter 5 (commencing with Section 16500) of Part 4 of Division 9. The court shall also review whether the social worker has considered whether a referral to public assistance services pursuant to Chapter 2 (commencing with Section 11200) and Chapter 7 (commencing with Section 14000) of Part 3, Chapter 1 (commencing with Section 17000) of Part 5, and Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 would have eliminated the need to take temporary custody of the child or would prevent the need for further detention.(2)If the child can be returned to the custody of his or her parent or guardian through the provision of those services, the court shall place the child with his or her parent or guardian and order that the services shall be provided. If the child cannot be returned to the physical custody of his or her parent or guardian, the court shall determine if there is a relative who is able and willing to care for the child, and has been assessed pursuant to Section 361.4.(3)In order to preserve the bond between the child and the parent and to facilitate family reunification, the court shall consider whether the child can be returned to the custody of his or her parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent. The fact that the parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent shall not be, for that reason alone, prima facie evidence of substantial danger. The court shall specify the factual basis for its conclusion that the return of the child to the custody of his or her parent would pose a substantial danger or would not pose a substantial danger to the physical health, safety, protection, or physical or emotional well-being of the child.(e)If a court orders a child detained, the court shall state the facts on which the decision is based, specify why the initial removal was necessary, reference the social workers report or other evidence relied upon to make its determination whether continuance in the home of the parent or legal guardian is contrary to the childs welfare, order temporary placement and care of the child to be vested with the county child welfare department pending the hearing held pursuant to Section 355 or further order of the court, and order services to be provided as soon as possible to reunify the child and his or her family if appropriate.(f)(1)(A)If the child is not released from custody, the court may order the temporary placement of the child in any of the following for a period not to exceed 15 judicial days:(i)The home of a relative or a nonrelative extended family member, as defined in Section 362.7, that has been assessed pursuant to Section 361.4.(ii)The approved home of a resource family, as defined in Section 16519.5.(iii)An emergency shelter or other suitable licensed place.(iv)A place exempt from licensure designated by the juvenile court.(B)A runaway and homeless youth shelter licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code shall not be a placement option pursuant to this section.(2)Relatives shall be given preferential consideration for placement of the child. As used in this section, relative means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words great, great-great, or grand, or the spouse of any of these persons, even if the marriage was terminated by death or dissolution.(3)When placing in the home of a relative or nonrelative extended family member, the court shall consider the recommendations of the social worker based on the assessment pursuant to Section 361.4 of the home of the relative or nonrelative extended family member, including the results of a criminal records check and prior child abuse allegations, if any, prior to ordering that the child be placed with a relative or nonrelative extended family member. The court shall order the parent to disclose to the social worker the names, residences, and any known identifying information of any maternal or paternal relatives of the child. The social worker shall initiate the assessment pursuant to Section 361.3 of any relative to be considered for continuing placement.(g)(1)At the initial hearing upon the petition filed in accordance with subdivision (c) of Rule 5.520 of the California Rules of Court or anytime thereafter, up until the time that the minor is adjudged a dependent child of the court or a finding is made dismissing the petition, the court may temporarily limit the right of the parent or guardian to make educational or developmental services decisions for the child and temporarily appoint a responsible adult to make educational or developmental services decisions for the child if all of the following conditions are found:(A)The parent or guardian is unavailable, unable, or unwilling to exercise educational or developmental services rights for the child.(B)The county placing agency has made diligent efforts to locate and secure the participation of the parent or guardian in educational or developmental services decisionmaking.(C)The childs educational and developmental services needs cannot be met without the temporary appointment of a responsible adult.(2)If the court limits the parents educational rights under this subdivision, the court shall determine whether there is a responsible adult who is a relative, nonrelative extended family member, or other adult known to the child and who is available and willing to serve as the childs educational representative before appointing an educational representative or surrogate who is not known to the child.(3)If the court cannot identify a responsible adult to make educational decisions for the child and the appointment of a surrogate parent, as defined in subdivision (a) of Section 56050 of the Education Code, is not warranted, the court may, with the input of any interested person, make educational decisions for the child. If the child is receiving services from a regional center, the provision of any developmental services related to the courts decision shall be consistent with the childs individual program plan and pursuant to the provisions of the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)). If the court cannot identify a responsible adult to make developmental services decisions for the child, the court may, with the input of any interested person, make developmental services decisions for the child. If the court makes educational or developmental services decisions for the child, the court shall also issue appropriate orders to ensure that every effort is made to identify a responsible adult to make future educational or developmental services decisions for the child.(4)A temporary appointment of a responsible adult and temporary limitation on the right of the parent or guardian to make educational or developmental services decisions for the child shall be specifically addressed in the court order. An order made under this section shall expire at the conclusion of the hearing held pursuant to Section 361 or upon dismissal of the petition. Upon the entering of disposition orders, additional needed limitation on the parents or guardians educational or developmental services rights shall be addressed pursuant to Section 361.(5)This section does not remove the obligation to appoint surrogate parents for students with disabilities who are without parental representation in special education procedures as required by state and federal law, including Section 1415(b)(2) of Title 20 of the United States Code, Section 56050 of the Education Code, Section 7579.5 of the Government Code, and Rule 5.650 of the California Rules of Court.(6)If the court appoints a developmental services decisionmaker pursuant to this section, he or she shall have the authority to access the childs information and records pursuant to subdivision (u) of Section 4514 and subdivision (y) of Section 5328, and to act on the childs behalf for the purposes of the individual program plan process pursuant to Sections 4646, 4646.5, and 4648 and the fair hearing process pursuant to Chapter 7 (commencing with Section 4700), and as set forth in the court order.(a)At the initial petition hearing, the court shall examine the childs parents, guardians, or other persons having relevant knowledge and hear the relevant evidence as the child, the childs parents or guardians, the petitioner, or their counsel desires to present. The court may examine the child, as provided for in Section 350.
(b)The social worker shall report to the court on the reasons why the child has been removed from the parents physical custody, the need, if any, for continued detention, the available services and the referral methods to those services that could may facilitate the return of the child to the custody of the childs parents or guardians, and whether there are any relatives who are able and willing to take temporary physical custody of the child. The court shall order the release of the child from custody unless a prima facie showing has been made that the child comes within Section 300, the court finds that continuance in the parents or guardians home is contrary to the childs welfare, and any of the following circumstances exist:
(1)There is a substantial danger to the physical health of the child or the child is suffering severe emotional damage, and there are no reasonable means by which the childs physical or emotional health may be protected without removing the child from the parents or guardians physical custody.
(2)There is substantial evidence that a parent, guardian, or custodian of the child is likely to flee the jurisdiction of the court.
(3)The child has left a placement in which he or she was placed by the juvenile court.
(4)The child indicates an unwillingness to return home, if the child has been physically or sexually abused by a person residing in the home.
(c)If the matter is continued pursuant to Section 322 or for any other reason, the court shall find that the continuance of the child in the parents or guardians home is contrary to the childs welfare at the initial petition hearing or order the release of the child from custody.
(d)(1)The court shall also make a determination on the record, referencing the social workers report or other evidence relied upon, as to whether reasonable efforts were made to prevent or eliminate the need for removal of the child from his or her home, pursuant to subdivision (b) of Section 306, and whether there are available services that would prevent the need for further detention. Services to be considered for purposes of making this determination are case management, counseling, emergency shelter care, emergency in-home caretakers, out-of-home respite care, teaching and demonstrating homemakers, parenting training, transportation, and any other child welfare services authorized by the State Department of Social Services pursuant to Chapter 5 (commencing with Section 16500) of Part 4 of Division 9. The court shall also review whether the social worker has considered whether a referral to public assistance services pursuant to Chapter 2 (commencing with Section 11200) and Chapter 7 (commencing with Section 14000) of Part 3, Chapter 1 (commencing with Section 17000) of Part 5, and Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 would have eliminated the need to take temporary custody of the child or would prevent the need for further detention.
(2)If the child can be returned to the custody of his or her parent or guardian through the provision of those services, the court shall place the child with his or her parent or guardian and order that the services shall be provided. If the child cannot be returned to the physical custody of his or her parent or guardian, the court shall determine if there is a relative who is able and willing to care for the child, and has been assessed pursuant to Section 361.4.
(3)In order to preserve the bond between the child and the parent and to facilitate family reunification, the court shall consider whether the child can be returned to the custody of his or her parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent. The fact that the parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent shall not be, for that reason alone, prima facie evidence of substantial danger. The court shall specify the factual basis for its conclusion that the return of the child to the custody of his or her parent would pose a substantial danger or would not pose a substantial danger to the physical health, safety, protection, or physical or emotional well-being of the child.
(e)If a court orders a child detained, the court shall state the facts on which the decision is based, specify why the initial removal was necessary, reference the social workers report or other evidence relied upon to make its determination whether continuance in the home of the parent or legal guardian is contrary to the childs welfare, order temporary placement and care of the child to be vested with the county child welfare department pending the hearing held pursuant to Section 355 or further order of the court, and order services to be provided as soon as possible to reunify the child and his or her family if appropriate.
(f)(1)(A)If the child is not released from custody, the court may order the temporary placement of the child in any of the following for a period not to exceed 15 judicial days:
(i)The home of a relative or a nonrelative extended family member, as defined in Section 362.7, that has been assessed pursuant to Section 361.4.
(ii)The approved home of a resource family, as defined in Section 16519.5.
(iii)An emergency shelter or other suitable licensed place.
(iv)A place exempt from licensure designated by the juvenile court.
(B)A runaway and homeless youth shelter licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code shall not be a placement option pursuant to this section.
(2)Relatives shall be given preferential consideration for placement of the child. As used in this section, relative means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words great, great-great, or grand, or the spouse of any of these persons, even if the marriage was terminated by death or dissolution.
(3)When placing in the home of a relative or nonrelative extended family member, the court shall consider the recommendations of the social worker based on the assessment pursuant to Section 361.4 of the home of the relative or nonrelative extended family member, including the results of a criminal records check and prior child abuse allegations, if any, prior to ordering that the child be placed with a relative or nonrelative extended family member. The court shall order the parent to disclose to the social worker the names, residences, and any known identifying information of any maternal or paternal relatives of the child. The social worker shall initiate the assessment pursuant to Section 361.3 of any relative to be considered for continuing placement.
(g)(1)At the initial hearing upon the petition filed in accordance with subdivision (c) of Rule 5.520 of the California Rules of Court or anytime thereafter thereafter, up until the time that the minor is adjudged a dependent child of the court or a finding is made dismissing the petition, the court may temporarily limit the right of the parent or guardian to make educational or developmental services decisions for the child and temporarily appoint a responsible adult to make educational or developmental services decisions for the child if all of the following conditions are found:
(A)The parent or guardian is unavailable, unable, or unwilling to exercise educational or developmental services rights for the child.
(B)The county placing agency has made diligent efforts to locate and secure the participation of the parent or guardian in educational or developmental services decisionmaking.
(C)The childs educational and developmental services needs cannot be met without the temporary appointment of a responsible adult.
(2)If the court limits the parents educational rights under this subdivision, the court shall determine whether there is a responsible adult who is a relative, nonrelative extended family member, or other adult known to the child and who is available and willing to serve as the childs educational representative before appointing an educational representative or surrogate who is not known to the child.
(3)If the court cannot identify a responsible adult to make educational decisions for the child and the appointment of a surrogate parent, as defined in subdivision (a) of Section 56050 of the Education Code, is not warranted, the court may, with the input of any interested person, make educational decisions for the child. If the child is receiving services from a regional center, the provision of any developmental services related to the courts decision shall be consistent with the childs individual program plan and pursuant to the provisions of the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)). If the court cannot identify a responsible adult to make developmental services decisions for the child, the court may, with the input of any interested person, make developmental services decisions for the child. If the court makes educational or developmental services decisions for the child, the court shall also issue appropriate orders to ensure that every effort is made to identify a responsible adult to make future educational or developmental services decisions for the child.
(4)A temporary appointment of a responsible adult and temporary limitation on the right of the parent or guardian to make educational or developmental services decisions for the child shall be specifically addressed in the court order. An order made under this section shall expire at the conclusion of the hearing held pursuant to Section 361 or upon dismissal of the petition. Upon the entering of disposition orders, additional needed limitation on the parents or guardians educational or developmental services rights shall be addressed pursuant to Section 361.
(5)This section does not remove the obligation to appoint surrogate parents for students with disabilities who are without parental representation in special education procedures as required by state and federal law, including Section 1415(b)(2) of Title 20 of the United States Code, Section 56050 of the Education Code, Section 7579.5 of the Government Code, and Rule 5.650 of the California Rules of Court.
(6)If the court appoints a developmental services decisionmaker pursuant to this section, he or she shall have the authority to access the childs information and records pursuant to subdivision (u) of Section 4514 and subdivision (y) of Section 5328, and to act on the childs behalf for the purposes of the individual program plan process pursuant to Sections 4646, 4646.5, and 4648 and the fair hearing process pursuant to Chapter 7 (commencing with Section 4700), and as set forth in the court order.
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Date
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Status
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| Apr 24, 2018 | In committee: Set, second hearing. Hearing canceled at the request of author. |
| Apr 18, 2018 | Re-referred to Com. on HUM. S. |
| Apr 17, 2018 | From committee chair, with author's amendments: Amend, and re-refer to Com. on HUM. S. Read second time and amended. |
| Apr 10, 2018 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Mar 21, 2018 | Re-referred to Com. on HUM. S. |
| Mar 20, 2018 | From committee chair, with author's amendments: Amend, and re-refer to Com. on HUM. S. Read second time and amended. |
| Mar 19, 2018 | Referred to Com. on HUM. S. |
| Feb 17, 2018 | From printer. May be heard in committee March 19. |
| Feb 16, 2018 | Read first time. To print. |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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| California Council Of Community Behavioral Health Agencies | ** Support | Apr 21, 2018 |
Date of Hearing: April 24, 2018
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Blanca Rubio, Chair
ABPCA Bill Id:AB 3161 (
Author:Patterson) – As Amended Ver:April 17, 2018
SUBJECT: Child welfare services: substance use disorder.
SUMMARY: Requires the Department of Social Services (DSS) to collect and report certain data to the Legislature related to substance use disorder and substantiated allegations of child abuse and neglect.
Specifically, this bill:
- Requires DSS, no later than December 31, 2019, to submit a report to the Legislature that includes the following data for each year from 2010 through 2018, inclusive:
- the total number of referrals to child welfare services;
- the percentage of recorded referrals which warranted an in-person child welfare services visit, and which resulted in substantiated allegations of child neglect, maltreatment, or abuse;
- the percentage of substantiated allegations in which substance use disorder was suspected and noted by the case worker; and
- the percentage of substantiated allegations of substance use disorder that resulted in the child or the child’s caregiver, or both, seeking substance use disorder treatment, as specified.
- Requires DSS, on January 1, 2020, and on an ongoing, annual basis, to submit a report, as specified, to the Legislature detailing the data described by the provisions of this bill for the previous year.
- Instructs DSS to note in its report any data that could not be collected or shared due to privacy laws.
EXISTING LAW:
- Establishes a state and local system of child welfare services, including foster care, for children who have been adjudged by the court to be at risk or have been abused or neglected, as specified. (WIC 202)
- States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being physically, sexually, 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)
- Deems a child as within the jurisdiction of the juvenile court if he or she has suffered, or there is a substantial risk that the child will suffer, serious physical harm or illness as a result of the failure or ability of his or her parent to provide the child with adequate food, clothing, shelter, or medical treatment, as specified. (WIC 300)
- Allows the court, if the child finds that the child meets the criteria necessary to be within the jurisdiction of the juvenile court and without adjudicating the child a dependent of the court, order that services be provided to keep the family together and place the child and his or her parent or guardian under the supervision of the social worker for a certain amount of time, as specified. (WIC 360 (b))
- Allows a social worker, when it is determined that a child is within the jurisdiction of the juvenile court, to, in lieu of filing a petition, undertake a program of supervision of the child in order to ameliorate the situation that brings the child within, or creates the probability that the child will be within, the jurisdiction of the juvenile court, as specified. (WIC 301 (a))
- States the intent of the Legislature to preserve and strengthen a child’s family ties whenever possible and to reunify a foster youth with his or her biological family whenever possible, or to provide a permanent placement alternative, such as adoption or guardianship. (WIC 16000)
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 role is to work to ensure that the best possible services are provided to the child. California’s child welfare system currently serves around 60,000 youth.
Historically, it has been the practice of the child welfare system to preserve the familial ties of a youth who has been removed from his or her parents’ custody. Social workers endeavor to locate relatives and non-relative extended family members in order to provide as many familial placement options as possible. In addition to this, family reunification services are also provided to families when it is determined that, ultimately, a child would benefit from being reunited with his or her family. Reunification services seek to address the underlying issue that warranted the removal of a child from the home, and can include family therapy, parenting classes, and drug and alcohol abuse treatment, among others. Current law also allows the court to, if it is found that a child is within the jurisdiction of the juvenile court, order services be provided to the family without adjudicating the child a ward of the court. These family maintenance services seek to keep the family together and place the family under the supervision of a social worker for a specified amount of time. Ultimately the goal of the child welfare system is to preserve familial units whenever possible.
Child welfare process: When there are suspicions of abuse or neglect of a child, an individual, often a mandated reporter, such as a teacher or doctor, reports the suspicion to Child Protective Services (CPS). CPS is then tasked with determining whether the suspicion warrants an in-person visit from a county social worker to investigate the allegations of abuse or neglect. If an in-person visit is warranted, and the social worker substantiates the allegations of abuse or neglect, the social worker then makes the determination whether to keep the child in the home and provide family maintenance services, or remove the child and petition the court to adjudicate the child a dependent of the court. The dependency court procedure is lengthy and involves a series of hearings to determine if it is in the best interest of the child to be removed from his or her parent’s custody and placed within the child welfare system. If the child is in fact deemed a dependent of the court and placed in the child welfare system, a court-ordered family reunification plan is sometimes used to provide services to the parents to facilitate the return of the child to his or her home. If the court determines that a child cannot safely be returned home or efforts to reunify should be terminated, alternative placement options are utilized.
National opioid crisis: On October 26, 2017, the United States Health and Human Services (HHS) Secretary issued a statement declaring a nationwide public health emergency regarding the increased abuse of opioids. According to the Centers for Disease Control (CDC), each day 140 Americans die from drug overdoses, 91 of which are specifically due to opioids, and in 2016, 42,249 deaths involved opioids. In Fiscal Year 2017, HHS invested almost $900 million in opioid-specific funding to support state and local governments to support treatment and recovery services, increase the availability of overdose-reversing drugs, and train first responders, among other purposes.
According to the CDC, the five states with the highest rates of death due to drug overdose are West Virginia, Ohio, New Hampshire, Pennsylvania, and Kentucky, although states in other parts of the South and Midwest have also seen significant increases in drug overdose deaths. In December 2017, the New York Times published an opinion discussing the intersection between the opioid crisis and increases in foster care placement and stated that the number of children in foster care in Montana has doubled since 2010. In Georgia, the number has increased by 80%, and in West Virginia the number has increased by 45%. In a December 2017 National Public Radio (NPR) article, Indiana Judge Marilyn Moores describes the children being placed in the child welfare system as much younger than the system is used to, including: infants released from neonatal intensive care units (NICUs) where they underwent withdrawal from opioid addiction sustained in utero, and children left in car seats in the back seats of cars where parents had overdosed in the front seat.
While states in the South and the Midwest are seeing an increase in both opioid use and overdose deaths as well as increases in foster care, data do not currently demonstrate the same trends in California. According to an October 2017 Los Angeles Times Article, 11 in every 100,000 residents in California died from drug overdoses in 2015, compared to the rate of 41 in every 100,000 in West Virginia, making California the seventh-lowest in the nation in terms of drug overdose deaths. While more people die each year from drug overdoses in California than in any other state, the article states that the reason for that is primarily due to the size of California’s population. With regards to California’s child welfare population, as of January 1, 2018 there were 59,988 children in the child welfare system, which is a decrease from the 60,523 youth placed in the system on January 1, 2017, and a further decrease from the 61,992 youth in care on January 1, 2016. As such, while other states are experiencing an increase in child welfare placements that some are attributing to opioid-related overdoses and deaths, data would suggest that the same cannot be said for California.
Need for this bill: According to the author, “In many parts of California, the opioid epidemic has a strong hold on the population, and the child welfare system is beginning to see the effects. By being made aware of any correlation between an increase in substantiated child abuse or neglect allegations and an increase in caregiver substance abuse, the Legislature can then make informed policy in this area, as needed. Similarly the Legislature can also ensure that caregivers are receiving the treatment needed to prevent child removals from the home and to reunify.”
Staff comments: The primary goal of California’s child welfare system is to maintain and preserve familial ties whenever possible, as is evidenced by the provision of family maintenance services, reunification services, placement of children with relatives and non-relative extended family members, and attempts to maintain sibling sets when placing youth in foster care, among other efforts. Related to this, California law does not allow for a youth to be removed from the custody of his or her parents due to substance use by the parents, unless that substance use results in abuse or neglect of the child. The author of this bill has stated that the intent of this proposal is to determine whether there exists a correlation between opioid abuse and substantiated allegations of child abuse and neglect; however, it is unclear whether the provisions of this bill would further the goals of the child welfare system, as the bill is silent on whether a determined correlation between opioid abuse and substantiated allegations of abuse and neglect would result in increased services to families and increased resources to county welfare agencies to provide those services.
While this bill proposes the collecting and reporting of data for purposes of objective analysis, some key information to be collected is based on the unofficial and subjective assumptions documented in case worker notes; moreover, this bill lacks both clear instructions and provision of supplemental training for case workers to adequately and systematically identify substance use for purposes of collecting accurate and reliable data.
In addition to this, it is unclear how the provisions of this bill would relate to data that are already collected and made available through several avenues, including: the Child Welfare Services-Case Management System (CWS-CMS), Child Welfare Services-California Automated Response and Engagement System (CWS-CARES), which is currently undergoing the implementation process, and the California Child Welfare Indicators Project (CCWIP), among others. Additionally, information that may not be publicly available can likely be obtained through various other research avenues, including through DSS, the Legislative Analyst’s Office, the California Research Bureau, and the California State Library, among others.
The bill as currently written, therefore, proposes measures that are duplicative of current practice, that involve dubious aggregation of subjective observations into “data,” and that, most concerning, leave it unclear how, and even whether, these data will be used to further the fundamental goal of the state’s child welfare services system to, whenever possible, strengthen and preserve families through the provision of supports and services aimed at addressing the needs of children and their parents.
RELATED LEGISLATION
SCR 115 (McGuire and Gaines), 2018, recognizes the impact opioid-related deaths have had on California communities and encourages the state to increase funding for support and other programs in rural areas facing the epidemic, and supports groups and organizations working in California to combat the epidemic. It is currently on the Senate third reading file.
REGISTERED SUPPORT / OPPOSITION:
Support
California Council of Community Behavioral Health Agencies
Opposition
None on file.
Analysis Prepared by: Kelsy Castillo / HUM. S. / (916) 319-2089
Bill Author
Bill Co-Author(s):