Existing law vests the Department of Human Resources with the jurisdiction and responsibility of establishing and maintaining personnel standards on a merit basis, and administering merit systems for local government agencies where those merit systems of employment are required by statute or regulation as a condition of a state-funded program or a federal grant-in-aid program established under federal law, including, but not limited to, the Social Security Act, as specified. Existing law requires the department, for the purposes of administering those state or federally supported programs, by regulation, to establish and maintain personnel standards on a merit basis for local agencies, as specified, as necessary for proper and efficient administration, and to ensure state conformity with applicable federal requirements. Existing law requires the department to administer the merit system for employees engaged in administering state-funded and federal grant-in-aid programs in a local agency not administering its own merit system, as specified.

This bill, notwithstanding those provisions, would require the department, in any state-funded or federal grant-in-aid program, to allow those agencies to use alternate processes to screen applications and establish eligibility lists for recruitment of new staff, and advancement of existing staff. The bill would authorize those alternatives to include allowing counties to screen and establish eligibility lists directly with oversight by the department and implementing alternative examination requirements, as defined, without advance approval by the department. The bill would authorize the alternative processes to be implemented until January 1, 2029.

Existing law vests the Department of Human Resources with the jurisdiction and responsibility of establishing and maintaining personnel standards on a merit basis, and administering merit systems for local government agencies where those merit systems of employment are required by statute or regulation as a condition of a state-funded program or a federal grant-in-aid program established under federal law, including, but not limited to, the Social Security Act, as specified. Existing law requires the department, for the purposes of administering those state or federally supported programs, by regulation, to establish and maintain personnel standards on a merit basis for local agencies, as specified, as necessary for proper and efficient administration, and to ensure state conformity with applicable federal requirements. Existing law requires the department to administer the merit system for employees engaged in administering state-funded and federal grant-in-aid programs in a local agency not administering its own merit system, as specified.

This bill, notwithstanding those provisions, would require the department, for specified local agencies with an employment vacancy rate of 20% or greater for 30 consecutive days in any state-funded or federal grant-in-aid program, to allow those agencies to use alternate processes to screen applications and establish eligibility lists for recruitment of new staff, and advancement of existing staff, until the vacancy rate falls below 20 percent continuously for 3 consecutive months. staff. The bill would authorize those alternatives to include allowing counties to screen and establish eligibility lists directly with oversight by the department, department and implementing alternative examination requirements requirements, as defined, without advance approval by the department, and waiving examination components. If the employees are represented by an employee organization, as specified, the bill would authorize a local agency to implement alternative examination requirements or waive examination components only after meeting and conferring with, and obtaining mutual agreement from, the employee organization. department. The bill would authorize the alternative processes to be implemented until January 1, 2029. The bill would require the department, by July 1, 2026, to convene representatives of local agencies and applicable state departments, including, but not limited to, the State Department of Social Services, the Department of Child Support Services, and representatives from employee organizations that represent local agency employees, to develop and implement streamlined processes and requirements in the implementation of a merit-based personnel system for local agencies that are not implementing their own merit systems. The bill would require the department to implement any policy changes through departmental memoranda until regulations are adopted, and would require those regulations to be adopted by July 1, 2027.

Existing law generally provides for various human services programs, including, but not limited to, child welfare services. Existing law requires the state, through the department and county welfare departments, to establish and support a public system of statewide child welfare services to be available in each county of the state, and requires all counties to establish and maintain specialized organizational entities within the county welfare department, which have sole responsibility for the operation of the child welfare services program.

This bill would require the State Department of Social Services to establish a $5,000,000 stipend program, subject to an appropriation by the Legislature, for the purpose of providing grants in the form of educational stipends to community college students who have an interest in public child welfare work. The bill would require the department to administer the program through existing mechanisms applicable to other postsecondary education stipend programs administered by the department for which the state receives matching funds pursuant to specified federal law. The bill would require the program to provide stipends to students who either reside in, or are enrolled in a community college in counties in, counties with a population of 500,000 or less, and who are in a relevant program of coursework, as specified.

Existing law vests the Department of Human Resources with the jurisdiction and responsibility of establishing and maintaining personnel standards on a merit basis, and administering merit systems for local government agencies where those merit systems of employment are required by statute or regulation as a condition of a state-funded program or a federal grant-in-aid program established under federal law, including, but not limited to, the Social Security Act, as specified. Existing law requires the department, for the purposes of administering those state or federally supported programs, by regulation, to establish and maintain personnel standards on a merit basis for local agencies, as specified, as necessary for proper and efficient administration, and to ensure state conformity with applicable federal requirements. Existing law requires the department to administer the merit system for employees engaged in administering state-funded and federal grant-in-aid programs in a local agency not administering its own merit system, as specified.

This bill, notwithstanding those provisions, would require the department, for specified local agencies with an employment vacancy rate of 20% or greater for 30 consecutive days in any state-funded or federal grant-in-aid program, to allow those agencies to use alternate minimum qualifications and processes to screen applications and establish eligibility lists for recruitment of new staff, and advancement of existing staff, until the vacancy rate falls below 20 percent continuously for 3 consecutive months. The bill would authorize those alternatives to include, but not be limited to, include allowing counties to screen and establish eligibility lists directly with oversight by the department, implementing alternative examination requirements without advance approval by the department, and waiving examination components. If the employees are represented by an employee organization, as specified, the bill would authorize a local agency to implement alternative examination requirements or waive examination components only after meeting and conferring with, and obtaining mutual agreement from, the employee organization. The bill would authorize the alternative processes to be implemented until January 1, 2029. The bill would require the department, by July 1, 2026, to convene representatives of local agencies and applicable state departments, including, but not limited to, the State Department of Social Services and Services, the Department of Child Support Services Services, and representatives from employee organizations that represent local agency employees, to develop and implement streamlined processes and requirements in the implementation of a merit-based personnel system. system for local agencies that are not implementing their own merit systems. The bill would require the department to implement any policy changes through departmental memoranda until regulations are adopted, and would require those regulations to be adopted by July 1, 2027.

Existing law generally provides for various human services programs, including, but not limited to, child welfare services. Existing law requires the state, through the department and county welfare departments, to establish and support a public system of statewide child welfare services to be available in each county of the state, and requires all counties to establish and maintain specialized organizational entities within the county welfare department, which have sole responsibility for the operation of the child welfare services program.

This bill would require the State Department of Social Services to establish a $5,000,000 stipend program, subject to an appropriation by the Legislature, for the purpose of providing grants in the form of educational stipends to community college students who have an interest in public child welfare work. The bill would require the department to administer the program through existing mechanisms applicable to other postsecondary education stipend programs administered by the department for which the state receives matching funds pursuant to specified federal law. The bill would require the program to provide stipends to students enrolled in a community college in counties with a population of 500,000 or less, and who are in a relevant program of coursework, as specified.

Existing law vests the Department of Human Resources with the jurisdiction and responsibility of establishing and maintaining personnel standards on a merit basis, and administering merit systems for local government agencies where those merit systems of employment are required by statute or regulation as a condition of a state-funded program or a federal grant-in-aid program established under federal law, including, but not limited to, the Social Security Act, as specified. Existing law requires the department, for the purposes of administering those state or federally supported programs, by regulation, to establish and maintain personnel standards on a merit basis for local agencies, as specified, as necessary for proper and efficient administration, and to ensure state conformity with applicable federal requirements. Existing law requires the department to administer the merit system for employees engaged in administering state-funded and federal grant-in-aid programs in a local agency not administering its own merit system, as specified.

This bill, notwithstanding those provisions, would require the department, for local agencies with an employment vacancy rate of 20% or greater for 30 consecutive days in any state-funded or federal grant-in-aid program, to allow those agencies to use alternate minimum qualifications and processes to screen applications and establish eligibility lists for recruitment of new staff, and advancement of existing staff, until the vacancy rate falls below 20 percent continuously for 12 3 consecutive months. The bill would authorize those alternatives to include, but not be limited to, allowing counties to screen and establish eligibility lists directly with oversight by the department, implementing alternative examination requirements without advance approval by the department, and waiving examination components. The bill would require the department, by July 1, 2026, to convene representatives of local agencies and applicable state departments, including, but not limited to, the State Department of Social Services and the Department of Child Support Services to develop and implement streamlined processes and requirements in the implementation of a merit-based personnel system. The bill would require the department to implement any policy changes through departmental memoranda until regulations are adopted, and would require those regulations to be adopted by July 1, 2027.

Existing law generally provides for various human services, including public social services, developmental services, and mental health services. services programs, including, but not limited to, child welfare services. Existing law requires the state, through the department and county welfare departments, to establish and support a public system of statewide child welfare services to be available in each county of the state, and requires all counties to establish and maintain specialized organizational entities within the county welfare department, which have sole responsibility for the operation of the child welfare services program.

This bill would state the intent of the Legislature to enact legislation to improve and increase recruitment and retention of county human services staff to support county operations. require the State Department of Social Services to establish a $5,000,000 stipend program, subject to an appropriation by the Legislature, for the purpose of providing grants in the form of educational stipends to community college students who have an interest in public child welfare work. The bill would require the department to administer the program through existing mechanisms applicable to other postsecondary education stipend programs administered by the department for which the state receives matching funds pursuant to specified federal law. The bill would require the program to provide stipends to students enrolled in a community college in counties with a population of 500,000 or less, and who are in a relevant program of coursework, as specified.

Existing law generally provides for various human services, including public social services, developmental services, and mental health services.

This bill would state the intent of the Legislature to enact legislation to improve and increase recruitment and retention of county human services staff to support county operations.

GOVERNOR'S VETO

GV Bill Id:AB 366

Author:(Petrie-Norris)

As Enrolled Ver:September 5, 2024

2/3 vote

SUMMARY

Requires the California Department of Human Resources (CalHR) to permit local agencies that are not administering their own merit systems, to use alternate processes until January 1, 2029, to screen applications and establish eligibility lists for recruitment.

Senate Amendments

1. Strike provisions limiting CalHR to only allow local agencies that have an employment vacancy rate of 20% or greater for 30 consecutive days that are permitted to use alternate minimum qualifications to meet workforce demands until the vacancy rate falls below 20% continuously for three consecutive months, and instead require CalHR to allow local agencies that are not administering their own merit systems to use alternate processes to screen applications and establish eligibility lists for recruitment and advancement.
2. Specify that "alternative examination requirement" means the use of an "education and experience" examination, as utilized by CalHR in state hiring processes.
3. Strike the provision to allow counties to waive examination components as an authorized alternative process, and instead specify that alternative processes must be limited to the recruitment screening and examination process, and cannot include any modifications or creation of classifications, changes to job descriptions or duties, or changes to minimum qualifications.
4. Remove the requirement for any alternative process requiring CalHR approval to be responded to within seven calendar days of the request from the county, strike the requirements for any alternative criteria or processes to comply with all applicable CalHR regulations and for CalHR to adopt implementing regulations.
5. Strike the requirement for CalHR to convene representatives of local agencies and applicable state departments, including the California Department of Social Services (CDSS) and the Department of Child Support Services to develop and implement streamlined processes and requirements in the implementation of a merit-based personnel system.
6. Remove requirement for CDSS to create the Building Diversity in Human Services Workforce Program to establish education and training grants in human services programs, and to establish a $5 million stipend program, known as the California Community College Workforce and Economic Development Grant Program, for the purpose of providing grants, in the form of educational stipends, to community college students who have an interest in public child welfare work.
7. Sunset the use of alternative processes on January 1, 2029.

Governor’s Veto Message

This bill creates two exemptions to the merit-based hiring system for local government entities overseen by the California Department of Human Resources (CalHR) by allowing local agencies to screen and establish eligibility lists directly with oversight by CalHR, or implementing alternative examination requirements without advance approval by CalHR.

I appreciate the author's intent to address county recruitment and staffing challenges. However, as a condition of the receipt of federal funds, county agencies are required to utilize a merit-based personnel system to operate human services programs. This bill undermines the merit-based system, which could result in lost federal funding. Further, under current law, any county that would like independent authority in its employee selection process may petition CalHR, and CalHR offers the identified alternate selection process in any county where conditions warrant.

COMMENTS

Workforce shortages. In California, many public social services programs, including CalWORKs, CalFresh, Medi-Cal, In-Home Supportive Services (IHSS), child welfare services, and mental and behavioral health services, among others, are administered by counties. Recent trends in workforce shifts have made it increasingly difficult for employers to hire and retain qualified staff; county human services agencies have also struggled to hire the necessary county workers responsible for administering various aspects of public social services programs, such as eligibility determination, ensuring accurate implementation of program requirements, and maintaining compliance with various state and federal regulations.

A December 2022 article in the Los Angeles (L.A.) Times describes county workforce staffing challenges, particularly as it relates to the mental health workforce, across the state:

"The county faces an acute shortage of mental health workers, which has led to serious understaffing at county-run clinics and other facilities at a time of rising demand. But filling vacant spots has proven to be a major challenge. Some providers have left their jobs citing overwork and stress…Others have moved out of state. The county has also seen a shortage of staff willing to work in person or in field-based positions, rather than remotely. Others have been poached by private employers or switched to other public entities, such as [Los Angeles Unified School District].

"The mental health worker shortage in California is a matter of demand outpacing supply 'partly due to an aging workforce, and partly due to a very limited growth in the number of master's-level clinicians being educated' said Janet Coffman, co-associate director for policy programs at UC San Francisco's Institute for Health Policy Studies…Gerardo Laviña, director of field education at UCLA's Department of Social Welfare, said that although area universities are 'churning out students,' research shows that there is and will continue to be an ‘incredible need' for more workers…colleagues and friends have told him they feel overwhelmed and stressed out by county work and that they themselves are seeking mental health assistance because of it. That kind of strain can make private-sector jobs appealing."

In 2018, the University of California San Francisco estimated that California will have 41% fewer psychiatrists and 11% fewer psychologists, licensed marriage and family therapists, licensed professional clinical counselors and licensed clinical social workers than needed by 2028.

CalHR Merit System Services (MSS) Program. When hiring additional employees to address workforce shortages, counties are required to comply with specific personnel and hiring practices, such as those required by the MSS Program. According to CalHR, "[MSS] is the process of hiring and promoting government employees based on their ability to perform a job, rather than on their political connections…[current state law] charges CalHR with the responsibility of ensuring that counties that receive federal funds for programs within their Social Services and Child Support Services departments adhere to federal merit principles."

Not all counties are subject to the MSS Program, however, and current law permits most counties in California to administer their own personnel systems for program employees based on CalHR's review and approval of the personnel management system. Counties that operate their own personnel management system are referred to as Approved Local Merit Systems (ALMS) counties. The remaining counties utilize the standards enumerated by the MSS Program, and include the counties of Alpine, Amador, Calaveras, Colusa, Del Norte, El Dorado, Glenn, Humboldt, Imperial, Inyo, Lake, Lassen, Madera, Mariposa, Merced, Modoc, Mono, Monterey, Plumas, San Benito, Sierra, Sutter, Tehama, Tuolumne, and Trinity.

This bill would authorize local agencies that are not administering their own merit systems, to use alternate processes to screen applications and establish eligibility lists for recruitment of new staff and advancement of existing staff. These alternate processes include allowing counties to screen and establish eligibility lists directly with oversight by CalHR, and implementing alternative examination requirements without CalHR’s advance approval. These alternatives are limited to the recruitment screening and examination process, and do not include any modifications or creation of classifications, changes to job descriptions or duties, or changes to minimum qualifications.

According to the Author

"California is facing a workforce crisis. While that can be devastating enough for businesses in the private sector, for counties which are tasked with administering and delivering critical social safety net programs, as well as our child welfare system and adult protective services, when there aren't enough workers to go around, programs fall behind, clients aren't timely served, and current workers get burnt out from overwhelming caseloads and leave county service altogether."

Arguments in Support

Various counties write in support citing staffing shortages, turnover, and recruitment barriers resulting in negative consequences to the quality of services provided to consumers. Supporters also state that the $30 million in last year's budget to expand slots in school of social work to increase the pool of master's level social workers will take a few years until the benefits are reaped.

Arguments in Opposition

No opposition on file.

FISCAL COMMENTS

According to the Senate Appropriations Committee on the May 18, 2023, version of this bill:

1. Unknown, ongoing General Fund costs to provide the stipends.
2. Unknown, ongoing General Fund costs, likely hundreds of thousands, for the California Department of Social Services (CDSS) for state administration.
3. Unknown, ongoing costs for the Department of Human Resources (CalHR) for state administration (General Fund and federal funds).

VOTES

ASM HUMAN SERVICES: 7-0-1

YES: Jackson, Sanchez, Alanis, Arambula, Bryan, Calderon, Garcia

ABS, ABST OR NV: Bonta

ASM APPROPRIATIONS: 11-0-5

YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber, Ortega

ABS, ABST OR NV: Megan Dahle, Dixon, Mathis, Robert Rivas, Sanchez

ASSEMBLY FLOOR: 80-0-0

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon

SENATE FLOOR: 40-0-0

YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

ASSEMBLY FLOOR: 77-0-2

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

ABS, ABST OR NV: Calderon, Ortega

UPDATED

VERSION: September 5, 2024

CONSULTANT: Alexandria Smith / HUM. S. / (916) 319-2089 FN: 0005121

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 366

Author:(Petrie-Norris)

As Amended Ver:August 23, 2024

Majority vote

SUMMARY

Requires the California Department of Human Resources (CalHR) to permit local agencies that are not administering their own merit systems, to use alternate processes until January 1, 2029, to screen applications and establish eligibility lists for recruitment.

Senate Amendments

1. Strike provisions limiting CalHR to only allow local agencies that have an employment vacancy rate of 20% or greater for 30 consecutive days that are permitted to use alternate minimum qualifications to meet workforce demands until the vacancy rate falls below 20% continuously for three consecutive months, and instead require CalHR to allow local agencies that are not administering their own merit systems to use alternate processes to screen applications and establish eligibility lists for recruitment and advancement.
2. Specify that "alternative examination requirement" means the use of an "education and experience" examination, as utilized by CalHR in state hiring processes.
3. Strike the provision to allow counties to waive examination components as an authorized alternative process, and instead specify that alternative processes must be limited to the recruitment screening and examination process, and cannot include any modifications or creation of classifications, changes to job descriptions or duties, or changes to minimum qualifications.
4. Remove the requirement for any alternative process requiring CalHR approval to be responded to within seven calendar days of the request from the county, strike the requirements for any alternative criteria or processes to comply with all applicable CalHR regulations and for CalHR to adopt implementing regulations.
5. Strike the requirement for CalHR to convene representatives of local agencies and applicable state departments, including the California Department of Social Services (CDSS) and the Department of Child Support Services to develop and implement streamlined processes and requirements in the implementation of a merit-based personnel system.
6. Remove requirement for CDSS to create the Building Diversity in Human Services Workforce Program to establish education and training grants in human services programs, and to establish a $5 million stipend program, known as the California Community College Workforce and Economic Development Grant Program, for the purpose of providing grants, in the form of educational stipends, to community college students who have an interest in public child welfare work.
7. Sunset the use of alternative processes on January 1, 2029.

COMMENTS

Workforce shortages. In California, many public social services programs, including CalWORKs, CalFresh, Medi-Cal, In-Home Supportive Services (IHSS), child welfare services, and mental and behavioral health services, among others, are administered by counties. Recent trends in workforce shifts have made it increasingly difficult for employers to hire and retain qualified staff; county human services agencies have also struggled to hire the necessary county workers responsible for administering various aspects of public social services programs, such as eligibility determination, ensuring accurate implementation of program requirements, and maintaining compliance with various state and federal regulations.

A December 2022 article in the Los Angeles (L.A.) Times describes county workforce staffing challenges, particularly as it relates to the mental health workforce, across the state:

"The county faces an acute shortage of mental health workers, which has led to serious understaffing at county-run clinics and other facilities at a time of rising demand. But filling vacant spots has proven to be a major challenge. Some providers have left their jobs citing overwork and stress…Others have moved out of state. The county has also seen a shortage of staff willing to work in person or in field-based positions, rather than remotely. Others have been poached by private employers or switched to other public entities, such as [Los Angeles Unified School District].

"The mental health worker shortage in California is a matter of demand outpacing supply 'partly due to an aging workforce, and partly due to a very limited growth in the number of master's-level clinicians being educated' said Janet Coffman, co-associate director for policy programs at UC San Francisco's Institute for Health Policy Studies…Gerardo Laviña, director of field education at UCLA's Department of Social Welfare, said that although area universities are 'churning out students,' research shows that there is and will continue to be an ‘incredible need' for more workers…colleagues and friends have told him they feel overwhelmed and stressed out by county work and that they themselves are seeking mental health assistance because of it. That kind of strain can make private-sector jobs appealing."

In 2018, the University of California San Francisco estimated that California will have 41% fewer psychiatrists and 11% fewer psychologists, licensed marriage and family therapists, licensed professional clinical counselors and licensed clinical social workers than needed by 2028.

CalHR Merit System Services (MSS) Program. When hiring additional employees to address workforce shortages, counties are required to comply with specific personnel and hiring practices, such as those required by the MSS Program. According to CalHR, "[MSS] is the process of hiring and promoting government employees based on their ability to perform a job, rather than on their political connections…[current state law] charges CalHR with the responsibility of ensuring that counties that receive federal funds for programs within their Social Services and Child Support Services departments adhere to federal merit principles."

Not all counties are subject to the MSS Program, however, and current law permits most counties in California to administer their own personnel systems for program employees based on CalHR's review and approval of the personnel management system. Counties that operate their own personnel management system are referred to as Approved Local Merit Systems (ALMS) counties. The remaining counties utilize the standards enumerated by the MSS Program, and include the counties of Alpine, Amador, Calaveras, Colusa, Del Norte, El Dorado, Glenn, Humboldt, Imperial, Inyo, Lake, Lassen, Madera, Mariposa, Merced, Modoc, Mono, Monterey, Plumas, San Benito, Sierra, Sutter, Tehama, Tuolumne, and Trinity.

This bill would authorize local agencies that are not administering their own merit systems, to use alternate processes to screen applications and establish eligibility lists for recruitment of new staff and advancement of existing staff. These alternate processes include allowing counties to screen and establish eligibility lists directly with oversight by CalHR, and implementing alternative examination requirements without CalHR’s advance approval. These alternatives are limited to the recruitment screening and examination process, and do not include any modifications or creation of classifications, changes to job descriptions or duties, or changes to minimum qualifications.

According to the Author

"California is facing a workforce crisis. While that can be devastating enough for businesses in the private sector, for counties which are tasked with administering and delivering critical social safety net programs, as well as our child welfare system and adult protective services, when there aren't enough workers to go around, programs fall behind, clients aren't timely served, and current workers get burnt out from overwhelming caseloads and leave county service altogether."

Arguments in Support

Various counties write in support citing staffing shortages, turnover, and recruitment barriers resulting in negative consequences to the quality of services provided to consumers. Supporters also state that the $30 million in last year's budget to expand slots in school of social work to increase the pool of master's level social workers will take a few years until the benefits are reaped.

Arguments in Opposition

No opposition on file

FISCAL COMMENTS

According to the Senate Appropriations Committee on the May 18, 2023, version of this bill:

1. Unknown, ongoing General Fund costs to provide the stipends.
2. Unknown, ongoing General Fund costs, likely hundreds of thousands, for the California Department of Social Services (CDSS) for state administration.
3. Unknown, ongoing costs for the Department of Human Resources (CalHR) for state administration (General Fund and federal funds).

VOTES:

ASM HUMAN SERVICES: 7-0-1

YES: Jackson, Sanchez, Alanis, Arambula, Bryan, Calderon, Garcia

ABS, ABST OR NV: Bonta

ASM APPROPRIATIONS: 11-0-5

YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber, Ortega

ABS, ABST OR NV: Megan Dahle, Dixon, Mathis, Robert Rivas, Sanchez

ASSEMBLY FLOOR: 80-0-0

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon

SENATE FLOOR: 40-0-0

YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

UPDATED

VERSION: August 23, 2024

CONSULTANT: Alexandria Smith / HUM. S. / (916) 319-2089 FN: 0005035

 THIRD READING  

Bill No: AB 366

Author: Petrie-Norris (D)

Amended: 8/23/24 in Senate

Vote: 21

SENATE HUMAN SERVICES COMMITTEE: 5-0, 7/3/23

AYES: Alvarado-Gil, Ochoa Bogh, Hurtado, Menjivar, Wahab

SENATE LABOR, PUB. EMP. & RET. COMMITTEE: 5-0, 7/12/23

AYES: Cortese, Wilk, Durazo, Laird, Smallwood-Cuevas

SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/23

AYES: Portantino, Jones, Ashby, Bradford, Seyarto, Wahab, Wiener

ASSEMBLY FLOOR: 80-0, 5/31/23 - See last page for vote

SUBJECT: County human services agencies: workforce development

SOURCE: County Welfare Directors Association of California

DIGEST:

This bill requires the California Department of Human Resources (CalHR) to allow local agencies subject to CalHR regulation of their civil service hiring rules, as specified, to use alternative processes to directly screen and establish eligibility lists under CalHR supervision and to implement alternative examination requirements without advance approval by CalHR.

Senate Floor Amendments of 8/23/24 allow local agencies to use alternative processes to screen and establish eligibility lists directly under CalHR supervision and to implement alternative examination requirements, as specified; eliminate requirement that CalHR convene local agency, state department, and union representatives to develop and implement streamlined processes; delete the requirement that the State Department of Social Services (DSS) create the Building Diversity in Human Services Workforce Program to establish education and training grants in human services programs; and delete the requirement that the DSS establish the California Community College Workforce and Economic Development Grant Program to provide grants, in the form of educational stipends, to community college students who have an interest in public child welfare work.

ANALYSIS:

Existing law:

1. Vests CalHR with the jurisdiction and responsibility of establishing and maintaining personnel standards on a merit basis and administering merit systems for local government agencies where such merit systems of employment are required by statute or regulation as a condition of a state-funded program or a federal grand-in-aid program established under federal law, as specified. (Government Code (GC) § 19800 et seq.)
2. Requires CalHR to, by regulation, establish and maintain personnel standards on a merit basis for local agencies (including standards of qualifications, competency, education, experience, tenure, and compensation) necessary for proper and efficient administration, and to ensure state conformity with applicable federal requirements. (GC § 19801)
3. Requires CalHR to administer the merit system for employees engaged in administering a state-funded program or a federal grant-in-aid program, as specified, in a local agency not administering its own merit system, as approved by current law. Further, permits CalHR to delegate any of its duties to a state department or agency, which may include, but is not limited to, recruitment, examination, certification, appointment and other transactions, position classification, compensation standards, and disciplinary actions. (GC § 19803(a))

This bill:

1. Makes Legislative findings and declarations related to the difficulty of county human services agencies to recruit and retain staff and the impact on their ability to provide social services programs, as specified.
2. Requires CalHR to allow local agencies that are not administering their own merit systems, as specified, in any state-funded or federal grant-in-aid program to use alternative processes to screen applications and establish eligibility lists for recruitment of new staff and advancement of existing staff.
3. Allows counties to screen and establish eligibility lists directly with oversight by the department and to implement alternative examination requirements without advance approval by CalHR.
4. Revokes the authority to implement the alternative processes on January 1, 2029.
5. Defines “alternative examination requirement” to mean the use of an “education and experience” examination, as utilized by CalHR in state hiring practices.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee:

• Unknown, ongoing General Fund costs to provide the stipends.
• Unknown, ongoing General Fund costs, likely hundreds of thousands, for the California Department of Social Services (CDSS) for state administration.
• Unknown, ongoing costs for the Department of Human Resources (CalHR) for state administration (General Fund and federal funds).

SUPPORT: (Verified 8/25/24)

County Welfare Directors Association of California (source)

California Long-term Care Ombudsman Association
City and County of San Francisco
County of Humboldt
County of Santa Clara
County of Santa Cruz Human Services Department
San Francisco Human Services Agency
San Luis Obispo County Department of Social Services
Service Employees International Union - California
Solano County Health and Social Services
Tehama County Department of Social Services

OPPOSITION: (Verified 8/25/24)

None received

ARGUMENTS IN SUPPORT: According to the County Welfare Directors Association of California:

“County human service agencies are facing critical staffing shortages across all program areas. Competition for staff is fierce both within the county (across programs and services as well as the private sector) and across county lines. Rapid turnover of county staff undermines the quality of services provided to consumers of county programs, impedes progress for improving county practices, and potentially can result in fiscal sanctions in some situations (for example federal Child and Family Service Reviews). Shortages are present in urban counties struggling with high caseloads and rural counties that have an extremely small pool of qualified candidates. This issue, which impacts the whole state, will not improve unless meaningful action is taken to expand the workforce.”

ASSEMBLY FLOOR: 80-0, 5/31/23

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon

Prepared by: Glenn Miles / L., P.E. & R. / (916) 651-1556

8/27/24 19:46:41

**** END ****

 THIRD READING  

Bill No: AB 366

Author: Petrie-Norris (D)

Amended: 8/23/24 in Senate

Vote: 21

SENATE HUMAN SERVICES COMMITTEE: 5-0, 7/3/23

AYES: Alvarado-Gil, Ochoa Bogh, Hurtado, Menjivar, Wahab

SENATE LABOR, PUB. EMP. & RET. COMMITTEE: 5-0, 7/12/23

AYES: Cortese, Wilk, Durazo, Laird, Smallwood-Cuevas

SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/23

AYES: Portantino, Jones, Ashby, Bradford, Seyarto, Wahab, Wiener

ASSEMBLY FLOOR: 80-0, 5/31/23 - See last page for vote

SUBJECT: County human services agencies: workforce development

SOURCE: County Welfare Directors Association of California

DIGEST:

This bill requires the California Department of Human Resources (CalHR) to allow local agencies subject to CalHR regulation of their civil service hiring rules, as specified, to use alternative processes to directly screen and establish eligibility lists under CalHR supervision and to implement alternative examination requirements without advance approval by CalHR.

Senate Floor Amendments of 8/23/24 authorize local agencies that are subject to California Department of Human Resources (CalHR) regulation of their civil service rules, as specified, to use alternative processes to screen and establish eligibility lists directly albeit under CalHR supervision and to implement alternative examination requirements without advance approval by CalHR.

ANALYSIS:

Existing law:

1. Vests CalHR with the jurisdiction and responsibility of establishing and maintaining personnel standards on a merit basis and administering merit systems for local government agencies where such merit systems of employment are required by statute or regulation as a condition of a state-funded program or a federal grand-in-aid program established under federal law, as specified. (Government Code (GC) § 19800 et seq.)
2. Requires CalHR to, by regulation, establish and maintain personnel standards on a merit basis for local agencies (including standards of qualifications, competency, education, experience, tenure, and compensation) necessary for proper and efficient administration, and to ensure state conformity with applicable federal requirements. (GC § 19801)
3. Requires CalHR to administer the merit system for employees engaged in administering a state-funded program or a federal grant-in-aid program, as specified, in a local agency not administering its own merit system, as approved by current law. Further, permits CalHR to delegate any of its duties to a state department or agency, which may include, but is not limited to, recruitment, examination, certification, appointment and other transactions, position classification, compensation standards, and disciplinary actions. (GC § 19803(a))

This bill:

1. Makes Legislative findings and declarations related to the difficulty of county human services agencies to recruit and retain staff and the impact on their ability to provide social services programs, as specified.
2. Requires CalHR to allow local agencies that are not administering their own merit systems, as specified, in any state-funded or federal grant-in-aid program to use alternative processes to screen applications and establish eligibility lists for recruitment of new staff and advancement of existing staff.
3. Allows counties to screen and establish eligibility lists directly with oversight by the department and to implement alternative examination requirements without advance approval by CalHR.
4. Revokes the authority to implement the alternative processes on January 1, 2029.
5. Defines “alternative examination requirement” to mean the use of an “education and experience” examination, as utilized by CalHR in state hiring practices.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee:

• Unknown, ongoing General Fund costs to provide the stipends.
• Unknown, ongoing General Fund costs, likely hundreds of thousands, for the California Department of Social Services (CDSS) for state administration.
• Unknown, ongoing costs for the Department of Human Resources (CalHR) for state administration (General Fund and federal funds).

SUPPORT: (Verified 8/25/24)

County Welfare Directors Association of California (source)

California Long-term Care Ombudsman Association
City and County of San Francisco
County of Humboldt
County of Santa Clara
County of Santa Cruz Human Services Department
San Francisco Human Services Agency
San Luis Obispo County Department of Social Services
Service Employees International Union - California
Solano County Health and Social Services
Tehama County Department of Social Services

OPPOSITION: (Verified 8/25/24)

None received.

ARGUMENTS IN SUPPORT: According to the County Welfare Directors Association of California, “County human service agencies are facing critical staffing shortages across all program areas. Competition for staff is fierce both within the county (across programs and services as well as the private sector) and across county lines. Rapid turnover of county staff undermines the quality of services provided to consumers of county programs, impedes progress for improving county practices, and potentially can result in fiscal sanctions in some situations (for example federal Child and Family Service Reviews). Shortages are present in urban counties struggling with high caseloads and rural counties that have an extremely small pool of qualified candidates. This issue, which impacts the whole state, will not improve unless meaningful action is taken to expand the workforce.”

ASSEMBLY FLOOR: 80-0, 5/31/23

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon

Prepared by: Glenn Miles / L., P.E. & R. / (916) 651-1556

8/26/24 17:00:39

**** END ****

 THIRD READING  

Bill No: AB 366

Author: Petrie-Norris (D)

Amended: 9/1/23 in Senate

Vote: 21

SENATE HUMAN SERVICES COMMITTEE: 5-0, 7/3/23

AYES: Alvarado-Gil, Ochoa Bogh, Hurtado, Menjivar, Wahab

SENATE LABOR, PUB. EMP. & RET. COMMITTEE: 5-0, 7/12/23

AYES: Cortese, Wilk, Durazo, Laird, Smallwood-Cuevas

SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/23

AYES: Portantino, Jones, Ashby, Bradford, Seyarto, Wahab, Wiener

ASSEMBLY FLOOR: 80-0, 5/31/23 - See last page for vote

SUBJECT: County human services agencies: workforce development

SOURCE: County Welfare Directors Association of California

DIGEST:

This bill provides that for local agencies with an employment vacancy rate of 20 percent or greater for 30 consecutive days in any state-funded or federal grant-in-aid program, California Department of Human Resources (CalHR) must allow those agencies to use alternate processes to screen applications and establish eligibility lists for recruitment of new staff and advancement of existing staff until the vacancy rate falls below 20 percent continuously for three consecutive months. Requires the California Department of Social Services (CDSS) to create the Building Diversity in Human Services Workforce Program to establish education and training grants in human services programs.

ANALYSIS:

Existing law:

1. Vests CalHR with the jurisdiction and responsibility of establishing and maintaining personnel standards on a merit basis and administering merit systems for local government agencies where such merit systems of employment are required by statute or regulation as a condition of a state-funded program or a federal grand-in-aid program established under federal law, as specified. (GOV 19800 et seq.)
2. Requires CalHR to, by regulation, establish and maintain personnel standards on a merit basis for local agencies (including standards of qualifications, competency, education, experience, tenure, and compensation) necessary for proper and efficient administration, and to ensure state conformity with applicable federal requirements. (GOV 19801)
3. Requires CalHR to administer the merit system for employees engaged in administering a state-funded program or a federal grant-in-aid program, as specified, in a local agency not administering its own merit system, as approved by current law. Further, permits CalHR to delegate any of its duties to a state department or agency, which may include, but is not limited to, recruitment, examination, certification, appointment and other transactions, position classification, compensation standards, and disciplinary actions. (GOV 19803(a))

This bill:

1. Makes Legislative findings and declarations regarding the struggles to recruit and retain staff in county human service agencies
2. Provides that for local agencies that are not administering their own merit systems and that have an employment vacancy rate of 20 percent or greater for 30 consecutive days in any state-funded or federal grant-in-aid program, CalHR shall allow those agencies to use alternate processes to screen applications and establish eligibility lists for recruitment of new staff and advancement of existing staff until the vacancy rate falls below 20 percent continuously for three consecutive months.
3. Provides that if employees are represented by an employee organization, local agencies are authorized to implement alternative examination requirements or waive examination components only after meeting and conferring with, and obtaining mutual agreement from, the employee organization.
4. Provides that alternatives authorized under this section include, but are not limited to, allowing counties to screen and establish eligibility lists directly with oversight by CDSS, implementing alternative examination requirements without advance approval by CDSS, and waiving examination components.
5. Provides that any alternative processes that require CDSS approval shall be responded to within seven calendar days of the receipt of the request from the county and that any alternative criteria or processes shall comply with all applicable CDSS regulations.
6. Provides that if employees with the applicable bargaining unit are represented by an employee organization, the local agency may implement alternative examination requirements and waive examination components only after meeting and conferring with, and obtaining the mutual agreement of, the employee organization.
7. Provides that the authority to use the alternative processes described in this subdivision shall cease to be implemented on January 1, 2029.
8. Requires CDSS to convene representatives of local agencies and applicable state departments, to develop and implement streamlined processes and requirements in the implementation of a merit-based personnel system.
9. Requires CDSS to comply with these requirements July 1, 2026. Provides CDSS can implement any of these policy changes through departmental memoranda, which shall have the same force and effect as regulations, until regulations are adopted.
10. Provides that counties shall not implement policy changes that are contrary to a memorandum of understanding with an employee organization. Before a county implements a policy change for a bargaining unit represented by an employee organization recognized pursuant to applicable law, the county shall provide the employee organization with notice and the opportunity to negotiate over the impact and effect of the change.
11. Requires CDSS to adopt regulations to implement this section by July 1, 2027.
12. States it is the intent of the Legislature to fund educational programs focused on human services and county administration of programs to be prioritized to address significant workforce shortages to ensure California’s citizens have access to services in which they are entitled to participate.
13. Requires CDSS to create the Building Diversity in Human Services Workforce Program to establish education and training grants in human services programs.
14. Provides, subject to an appropriation, CDSS shall establish a stipend program, which shall be known as the California Community College Workforce and Economic Development Grant Program, for the purpose of providing grants, in the form of educational stipends, to community college students who have an interest in public child welfare work.
15. Provides that the program will be administered by CDSS through existing mechanisms applicable to other stipend programs administered by CDSS, in association and agreement with the California Social Work Education Center, the County Welfare Directors Association of California, county human services agencies, and the California Community Colleges, to the extent permitted by federal law.
16. Provides that the program shall provide stipends to both students who are enrolled in community college in counties with a population of 500,000 or less, and who are in a relevant program of coursework and students who reside in a county with a population of 500,000 or less, are enrolled in any community college in the state, and are in a relevant program of coursework.
17. Limits state-level agencies to use no more than 5 percent of the appropriated funds for administration of the grant program.

Comments

According to the author, “California is facing a workforce crisis. While that can be devastating enough for businesses in the private sector, for counties which are tasked with administering and delivering critical social safety net programs, as well as our child welfare system and adult protective services, when there aren’t enough workers to go around programs fall behind, clients aren’t timely served, and current workers get burnt out from overwhelming caseloads and leave county service altogether.”

The author goes on to state, “AB 366 addresses this workforce shortage in two ways: First, it gives hiring flexibility to counties with a 20% or greater workforce vacancy while still protecting merit based hiring. Second, AB 366 creates the “Building Diversity in Human Service Workforce” grant program to expand the California Social Work Education Center (CalSWEC) Title IV-E stipend program in rural counties for community collect students who have an interest in public child welfare work. This will also allow the state and counties to leverage the 75 percent federal match for training leading to state or local agency employment, which is not limited to pursuit of a bachelor’s or master’s level education. By giving flexibility and funding we can bring folks into the workforce who have either unfairly been carved out due to antiquated hiring practices or who may not consider public employment a viable option due to exorbitant educational costs or other barriers to entry.”

California Social Work Education Center (CalSWEC) Program Created in 1990, CalSWEC is a statewide consortium of 22 accredited social work programs, the public child welfare, adult welfare, and behavioral health agencies in all 58 California counties, the California Department of Social Services, the California Chapter of the National Association of Social Workers, the County Welfare Directors Association of California, the County Behavioral Health Directors Association of California, and private foundations. It is the largest consortium of its kind on the nation, and works toward the goal of preparing a diverse group of social workers. The CalSWEC Title IV-E Program offers financial as well as educational support to graduate and undergraduate social work students who are planning to or are already practicing in public child welfare services. Once they graduate, these students work in public child welfare agencies for a time equal to the period for which they received support.

Workforce Shortages The County Welfare Directors Association (CWDA), the sponsors of this bill, have been polling their member agencies to obtain specific data on staffing shortages. For example, Sacramento County had 60 social worker positions vacant or understaffed; Butte County had an overall county vacancy rate of 15.25 percent with a human services vacancy rate of 21 percent; Tehama’s Department of Social Services has a vacancy rate of 36 percent; and Yuba County Health and Human Services Department has a vacancy rate of 15 percent.

More than 90 percent of counties have reported difficulty in recruiting Licensed Clinical Social Workers, Licensed Marriage and Family Counselors, and psychiatrists. The Los Angeles Times recently highlighted the shortage of county mental health workers in Los Angeles. The article notes that while Los Angeles has a severe shortage of mental health workers, leading to serious understaffing at county clinics and other facilities, the county is having difficulty filing vacancies. This bill focuses on the staffing shortage at the county level, prioritizing the counties most in need.

Related/Prior Legislation

AB 178 (Committee on Budget, Chapter 45, Statutes of 2022) allocated $50 million to increase the number of child welfare social workers in emergency response services, and made $25 million available to support the Employment Training Panel training health and social workers, among other allocations.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee:

• Unknown, ongoing General Fund costs to provide the stipends.
• Unknown, ongoing General Fund costs, likely hundreds of thousands, for the California Department of Social Services (CDSS) for state administration.
• Unknown, ongoing costs for the Department of Human Resources (CalHR) for state administration (General Fund and federal funds).

SUPPORT: (Verified 9/2/23)

County Welfare Directors Association of California (source)

California Long-term Care Ombudsman Association
City and County of San Francisco
County of Humboldt
County of Santa Clara
County of Santa Cruz Human Services Department
San Francisco Human Services Agency
San Luis Obispo County Department of Social Services
SEIU California
Solano County Health and Social Services
Tehama County Department of Social Services

OPPOSITION: (Verified 9/2/23)

None received

ASSEMBLY FLOOR: 80-0, 5/31/23

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon

Prepared by: Heather Hopkins / HUMAN S. / (916) 651-1524

9/2/23 16:46:04

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2023 - 2024 Regular Session

AB 366 (Petrie-Norris) - County human services agencies: workforce development

Bill Summary:

AB 366 would, among other provisions, create the Building Diversity in Human Services Workforce Program.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on September 1, 2023

Fiscal Impact:

• Unknown, ongoing General Fund costs to provide the stipends.
• Unknown, ongoing General Fund costs, likely hundreds of thousands, for the California Department of Social Services (CDSS) for state administration.
• Unknown, ongoing costs for the Department of Human Resources (CalHR) for state administration (General Fund and federal funds).

Author Amendments:

Author amendments clarify eligibility criteria for student stipends and add provisions related to the use of CalHR alternate processes to screen applications and establish eligibility lists for recruitment of new staff and advancement of existing staff.

Committee Amendments:

Committee amendments delete the reference to a specific $5 million amount regarding the stipend program.

-- END --

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2023 - 2024 Regular Session

AB 366 (Petrie-Norris) - County human services agencies: workforce development

Bill Summary:

AB 366 would, among other provisions, create the Building Diversity in Human Services Workforce Program.

Fiscal Impact:

• Ongoing General Fund costs of $5 million to provide the stipends.
• The California Department of Social Services (CDSS) estimates General Fund costs of $528,000 in 2024-25 and $514,000 in 2025-26 and ongoing thereafter for state administration. 
• The Department of Human Resources (CalHR) indicates unknown ongoing costs for state administration (General Fund and federal funds).

Background:

In California, many public social services programs are administered by counties. As with other public agencies, counties are facing workforce shortage challenges. The California Social Work Education Center (CalSWEC) is a statewide consortium of 22 accredited social work programs, the public child welfare, adult welfare, and behavioral health agencies in all 58 California counties, the California Department of Social Services, the California Chapter of the National Association of Social Workers, the County Welfare Directors Association of California, the County Behavioral Health Directors Association of California, and private foundations. The CalSWEC Program offers financial as well as educational support to graduate and undergraduate social work students who are planning to or are already practicing in public child welfare services. Once they graduate, these students work in public child welfare agencies for a time equal to the period for which they received support.

Current law requires CalHR to, by regulation, establish and maintain personnel standards on a merit basis for local agencies (including standards of qualifications, competency, education, experience, tenure, and compensation) necessary for proper and efficient administration, and to ensure state conformity with applicable federal requirements. Current law requires CalHR to administer the merit system for employees engaged in administering a state-funded program or a federal grant-in-aid program, as specified, in a local agency not administering its own merit system, as approved by current law. Further, CalHR may delegate any of its duties to a state department or agency, which may include, but is not limited to, recruitment, examination, certification, appointment and other transactions, position classification, compensation standards, and disciplinary actions.

Proposed Law:

Specific provisions of the bill would:

• Require the CDSS to create the Building Diversity in Human Services Workforce Program to establish education and training grants in human services programs.
• Require, subject to an appropriation, the CDSS to establish a $5 million stipend program, known as the California Community College Workforce and Economic Development Grant Program, for the purpose of providing grants, in the form of educational stipends, to community college students who have an interest in public child welfare work.
• Require CDSS to administer the program through existing mechanisms applicable to other stipend programs administered by the department, as specified, in association and agreement with the CalSWEC, the County Welfare Directors Association of California, county human services agencies, and the community colleges.
• Require CalHR to allow local agencies with an employment vacancy rate of 20 percent or greater for 30 consecutive days in any state-funded or federal grant-in-aid program, to use alternate minimum qualifications and processes to screen applications and establish eligibility lists for recruitment of new staff and advancement of existing staff, as specified; and require CalHR to adopt regulations by July 1, 2027.

-- END --

SENATE COMMITTEE ON LABOR, PUBLIC EMPLOYMENT AND RETIREMENT

Senator Dave Cortese, Chair

2023 - 2024 Regular

Bill No: AB 366 Hearing Date: July 12, 2023

SUBJECT: County human services agencies: workforce development

KEY ISSUE

Should the Legislature allow counties that have a 20 percent or more employment vacancy rate for at least 30 consecutive days to use alternate minimum qualifications to meet workforce demands?

ANALYSIS

Existing law:

1. Requires the California Department of Human Resources (CalHR) to establish and maintain personnel standards on a merit basis and administer merit systems for local government agencies, where such merit systems of employment are required by statute or regulation, as a condition of a state funded program or a federal grant program. Local agencies are defined as a city, county, city and county, district, or other subdivision of the state, or any independent instrumentality thereof. (Government Code §§19800)
   
2. Requires CalHR to, by regulation, establish and maintain personnel standards on a merit basis for local agencies (including standards of qualifications, competency, education, experience, tenure, and compensation) necessary for proper and efficient administration, and to ensure state conformity with applicable federal requirements. (Government Code §19801)
   
3. Requires CalHR to administer the merit system for employees engaged in administering a state funded program or a federal grant program in a local agency not administering its own merit system. Further, permits CalHR to delegate any of its duties to a state department or agency, which may include, but is not limited to, recruitment, examination, certification, appointment, and other transactions, position classification, compensation standards, and disciplinary actions. (Government Code §19803)

This bill:

1. Instructs CalHR to permit local agencies with an employment vacancy rate of 20 percent or greater for 30 consecutive days in any state funded or federal grant program to use alternate minimum qualifications and processes to screen applications.
   
2. Requires CalHR to establish eligibility lists for recruitment of new staff and advancement of existing staff until the vacancy rate falls below 20 percent continuously for three consecutive months.
   
3. Establishes that alternatives authorized by the provisions of this bill include, but are not limited to:
   
   1. Allowing counties to screen and establish eligibility lists directly with oversight by CalHR;
      
   2. Implementing alternative examination requirements without advance approval by CalHR; and
   3. Waiving examination components.
      
4. Provides that any alternative processes that requires CalHR approval be responded to within seven calendar days of the receipt of the request from the county.
   
5. Requires any alternative criteria or processes to comply with all applicable CalHR regulations.
   
6. Requires, no later than July 1, 2026, CalHR to convene representatives of local agencies and applicable state departments, including, but not limited to CDSS and the Department of Child Support Services, to develop and implement streamlined processes and requirements in the implementation of a merit-based personnel system.
   
7. Permits CalHR to implement any policy changes through departmental memoranda until regulations are adopted, and, further, affords the departmental memoranda the same force and effect of regulations.
   
8. Requires CalHR to adopt regulations to implement certain provisions of this bill related to streamlined processes and requirements, as specified, by July 1, 2027.

COMMENTS

1. Background

The committee is analyzing this bill as it pertains to merit system policy within its jurisdiction and defers the remaining policy issues to the Senate Committee on Human Resources.

Workforce Shortages

The sponsor, the County Welfare Directors Association, has collected data from their member agencies and found Sacramento County has 60 social worker positions vacant or understaffed, Butte County has a human services vacancy rate of 21 percent, Tehama County Department of Social Services has a 36 percent vacancy rate, and Yuba County Health and Human Services department has a vacancy rate of 15 percent. In order to combat human service workforce shortages in California, the state has created several programs, such as the California Department of Aging California GROWs workforce training and stipend program, Department of Health Care Access and Information programs, and a recent $35 million allocation to California State Universities to increase behavioral care workforce education and training.

Merit System as it Pertains to Local Governments

In 1913, the Legislature passed the Civil Service Act to prevent the “spoils system” in which state jobs were being provided based on political allegiance and personal relationships. The Civil Service Act of 1934 was passed by the voters due to persistent spoils system legacies.

Thus, the California Constitution requires all appointments and promotions to be made based on the employee’s ability to do the job based on competitive examination.

When hiring employees to address workforce shortages, counties are required to comply with prescribed personnel and hiring practices, such as those required by the Merit System Services program (MSS). CalHR is the entity responsible for ensuring counties that receive federal funds for programs within their Social Services and Child Support Services departments adhere to federal merit principles.

Not all counties are subject to the MSS Program, however, and current law permits most counties in California to administer their own personnel systems for program employees based on CalHR’s review and approval of the personnel management system. Counties that operate their own personnel management system are referred to as Approved Local Merit Systems (ALMS) counties. The remaining counties utilize the MSS Program standards, and include the counties of Alpine, Amador, Calaveras, Colusa, Del Norte, El Dorado, Glenn, Humboldt, Imperial, Inyo, Lake, Lassen, Madera, Mariposa, Merced, Modoc, Mono, Monterey, Plumas, San Benito, Sierra, Sutter, Tehama, Tuolumne, and Trinity.

2. Need for this bill

According to the author, “California is facing a workforce crisis. While that can be devastating enough for businesses in the private sector, for counties which are tasked with administering and delivering critical social safety net programs, as well as our child welfare system and adult protective services, when there aren’t enough workers to go around programs fall behind, clients aren’t timely served, and current workers get burnt out from overwhelming caseloads and leave county service altogether.

AB 366 addresses this workforce shortage in two ways: First, it gives hiring flexibility to counties with a 20% or greater workforce vacancy while still protecting merit based hiring. Second, AB 366 creates the “Building Diversity in Human Service Workforce” grant program to expand the California Social Work Education Center (CalSWEC) Title IV-E stipend program in rural counties for community collect students who have an interest in public child welfare work. This will also allow the state and counties to leverage the 75 percent federal match for training leading to state or local agency employment, which is not limited to pursuit of a bachelor’s or master’s level education.

By giving flexibility and funding we can bring folks into the workforce who have either unfairly been carved out due to antiquated hiring practices or who may not consider public employment a viable option due to exorbitant educational costs or other barriers to entry.”

3. Double Referral

This bill was first heard in the Senate Committee on Human Resources, where it passed with a 5-0 vote.

4. Proponent Arguments

According to the County Welfare Directors Association, “County human service agencies are facing critical staffing shortages across all program areas. Competition for staff is fierce both within the county (across programs and services as well as the private sector) and across county lines. Rapid turnover of county staff undermines the quality of services provided to consumers of county programs, impedes progress for improving county practices, and potentially can result in fiscal sanctions in some situations (for example federal Child and Family Service Reviews). Shortages are present in urban counties struggling with high caseloads and rural counties that have an extremely small pool of qualified candidates. This issue, which impacts the whole state, will not improve unless meaningful action is taken to expand the workforce.

Last year, after strong advocacy by CWDA and the National Association of Social Workers (NASW), the State Budget provided $30 million General Fund to expand slots in schools of social work to increase the pool of Master’s level social workers. While this is a necessary first step, there will be several years before the new MSW’s enter the workforce, and this aspect of staffing needs only accounts for part of the county-level staffing shortages.

For counties that use the state-administered Merit System for job applicants, AB 366 would require that Merit use alternate minimum qualifications for any county that has a 20% or greater vacancy rate. This measure will quickly help shore up the workforce where most needed while still ensuring that new workers are qualified.

AB 366 would also establish the “Building Diversity in Human Service Workforce Program” as an opt-in grant program administered by the California Department of Social Services (CDSS). This would be a two-year program and priority would be given to counties that demonstrate a commitment to building diversity in their programs by recruiting and supporting persons from underserved and/or over-represented communities. The grant program will help fund county programs for three potential tracks: a high school to career track, a college to career track, and a community to career track. Estimated costs associated with this program would be $30 million.

Finally, AB 366 would require CDSS to work with counties and the California Social Work Education Center (CalSWEC), to establish a Title IV-E stipend program in rural counties for community college students who have an interest in public child welfare work. This will allow the state and counties to leverage the 75 percent federal match for training leading to state or local agency employment, which is not limited to pursuit of a bachelor’s or master’s level education. Estimated costs for this program would be $5 million.

In all, the resources provided in AB 366 would ensure that vital social services programs continue to operate effectively for those most in need.”

5. Opponent Arguments

None received

6. Prior Legislation

AB 178 (Committee on Budget), Chapter 45, Statutes of 2022, allocated $50 million for the purpose of increasing the number of child welfare social workers in emergency response services, and made available $25 million to support the Employment Training Panel training health and social workers, among other allocations.

AB 3224 (Thurmond – Chapter 179, Statutes of 2018) requires all eligibility decisions for Medi-Cal, CalWORKs, and CalFresh made at the county level to be made exclusively by a merit or civil service employee of the county.

AB 1062 (Jones-Sawyer, 2013) clarified the authority of CalHR resulting from the merger of the State Personnel Board and the Department of Personnel Administration initiated in the Governor's Reorganization Plan No. 1 of 2011 and updated civil service statutes to reflect modern processes and promote greater efficiency.

SB 523 (Correa, 2013) prohibited CalHR from granting any administrative waivers in Orange County if an audit finds the county to be out of compliance with a merit-based personnel system. This bill was held in the Senate Committee on Appropriations.

AB 1542 (Ducheny - Chapter 270, Statutes of 1997) limited a county’s ability to contract out to private entities some of the services in their CalWORKs program.

SUPPORT

County Welfare Directors Association of California (Sponsor)

California Long-term Care Ombudsman Association
City and County of San Francisco
County of Santa Cruz Human Services Department
Humboldt County
San Francisco Human Services Agency
San Luis Obispo County Department of Social Services

Santa Clara County
SEIU California
Solano County Health and Social Services
Tehama County Department of Social Services

OPPOSITION

None received

-- END --

SENATE COMMITTEE ON HUMAN SERVICES

Senator Alvarado-Gil, Chair

2023 - 2024 Regular

Subject: County human services agencies: workforce development

SUMMARY

This bill provides that for local agencies with an employment vacancy rate of 20 percent or greater for 30 consecutive days in any state-funded or federal grant-in-aid program, California Department of Human Resources (CalHR) must allow those agencies to use alternate minimum qualifications and processes to screen applications and establish eligibility lists for recruitment of new staff and advancement of existing staff until the vacancy rate falls below 20 percent continuously for three consecutive months. Requires the California Department of Social Services (CDSS) to create the Building Diversity in Human Services Workforce Program to establish education and training grants in human services programs.

ABSTRACT

Existing Law:

1. Vests CalHR with the jurisdiction and responsibility of establishing and maintaining personnel standards on a merit basis and administering merit systems for local government agencies where such merit systems of employment are required by statute or regulation as a condition of a state-funded program or a federal grand-in-aid program established under federal law, as specified. (GOV 19800 et seq.)
   
2. Requires CalHR to, by regulation, establish and maintain personnel standards on a merit basis for local agencies (including standards of qualifications, competency, education, experience, tenure, and compensation) necessary for proper and efficient administration, and to ensure state conformity with applicable federal requirements. (GOV 19801)
   
3. Requires CalHR to administer the merit system for employees engaged in administering a state-funded program or a federal grant-in-aid program, as specified, in a local agency not administering its own merit system, as approved by current law. Further, permits CalHR to delegate any of its duties to a state department or agency, which may include, but is not limited to, recruitment, examination, certification, appointment and other transactions, position classification, compensation standards, and disciplinary actions. (GOV 19803(a))

This Bill:

1. Makes Legislative findings and declarations regarding the struggles to recruit and retain staff in county human service agencies and that shortages in this sector threatens the ability of counties to deliver critical public safety net services, which in turn threatens the ability of counties to meet their federal and state mandates and implement new federal and state initiatives to eliminate poverty and protect children and older adults from abuse and neglect.
   
2. Makes Legislative findings and declarations regarding how higher employee vacancy and turnover leads to higher caseloads and workloads, which leads to burnout and attrition.
   
3. Provides that for local agencies with an employment vacancy rate of 20 percent or greater for 30 consecutive days in any state-funded or federal grant-in-aid program, CalHR shall allow those agencies to use alternate minimum qualifications and processes to screen applications and establish eligibility lists for recruitment of new staff and advancement of existing staff until the vacancy rate falls below 20 percent continuously for three consecutive months.
   
4. Provides that alternatives authorized under this section include, but are not limited to, allowing counties to screen and establish eligibility lists directly with oversight by CDSS, implementing alternative examination requirements without advance approval by CDSS, and waiving examination components.
   
5. Provides that any alternative processes that require CDSS approval shall be responded to within seven calendar days of the receipt of the request from the county and that any alternative criteria or processes shall comply with all applicable CDSS regulations.
   
6. Requires CDSS to convene representatives of local agencies and applicable state departments, to develop and implement streamlined processes and requirements in the implementation of a merit-based personnel system.
   
7. Requires CDSS to comply with these requirements July 1, 2026. Provides CDSS can implement any of these policy changes through departmental memoranda, which shall have the same force and effect as regulations, until regulations are adopted.
   
8. Requires CDSS to adopt regulations to implement this section by July 1, 2027.
   
9. States it is the intent of the Legislature to fund educational programs focused on human services and county administration of programs to be prioritized to address significant workforce shortages to ensure California’s citizens have access to services in which they are entitled to participate.
   
10. Requires CDSS to create the Building Diversity in Human Services Workforce Program to establish education and training grants in human services programs.
    
11. Provides, subject to an appropriation, CDSS shall establish a stipend program, which shall be known as the California Community College Workforce and Economic Development Grant Program, for the purpose of providing grants, in the form of educational stipends, to community college students who have an interest in public child welfare work.
    
12. Provides that the program will be administered by CDSS through existing mechanisms applicable to other stipend programs administered by CDSS, in association and agreement with the California Social Work Education Center, the County Welfare Directors Association of California, county human services agencies, and the California Community Colleges, to the extent permitted by federal law.
    
13. Provides that the program shall provide stipends to students who are enrolled in community college in counties with a population of 500,000 or less, and who are in a relevant program of coursework.
    
14. Limits state-level agencies to use no more than 5 percent of the appropriated funds for administration of the grant program.

FISCAL IMPACT

The Assembly Appropriations Committee estimates ongoing General Fund (GF) cost pressures in the low tens-of millions of dollars annually to provide grants to local entities for career track programs and to provide education stipends to community college students. The author is requesting $35 million dollars in the state budget for these purposes - $30 million for career track programs and $5 million for expanding existing social work stipends to community colleges. According to the author, the $5 million GF investment would leverage another $15 million in federal Title IV-E matching funds. Estimated one-time GF costs to CDSS in the high-hundreds of thousands of dollars for additional staff to convene the program and GF costs in the mid-hundreds of thousands of dollars ongoing to maintain the program. This includes one manager position and two fulltime limited term staff and two permanent full-time staff.

BACKGROUND AND DISCUSSION

Purpose of the Bill:

According to the author, “California is facing a workforce crisis. While that can be devastating enough for businesses in the private sector, for counties which are tasked with administering and delivering critical social safety net programs, as well as our child welfare system and adult protective services, when there aren’t enough workers to go around programs fall behind, clients aren’t timely served, and current workers get burnt out from overwhelming caseloads and leave county service altogether.”

The author goes on to state, “AB 366 addresses this workforce shortage in two ways: First, it gives hiring flexibility to counties with a 20% or greater workforce vacancy while still protecting merit based hiring. Second, AB 366 creates the “Building Diversity in Human Service Workforce” grant program to expand the California Social Work Education Center (CalSWEC) Title IV-E stipend program in rural counties for community collect students who have an interest in public child welfare work. This will also allow the state and counties to leverage the 75 percent federal match for training leading to state or local agency employment, which is not limited to pursuit of a bachelor’s or master’s level education. By giving flexibility and funding we can bring folks into the workforce who have either unfairly been carved out due to antiquated hiring practices or who may not consider public employment a viable option due to exorbitant educational costs or other barriers to entry.”

California Social Work Education Center (CalSWEC) Program

Created in 1990, CalSWEC is a statewide consortium of 22 accredited social work programs, the public child welfare, adult welfare, and behavioral health agencies in all 58 California counties, the California Department of Social Services, the California Chapter of the National Association of Social Workers, the County Welfare Directors Association of California, the County Behavioral Health Directors Association of California, and private foundations. It is the largest consortium of its kind on the nation, and works toward the goal of preparing a diverse group of social workers. The CalSWEC Title IV-E Program offers financial as well as educational support to graduate and undergraduate social work students who are planning to or are already practicing in public child welfare services. Once they graduate, these students work in public child welfare agencies for a time equal to the period for which they received support.

Workforce Shortages

The County Welfare Directors Association (CWDA), the sponsors of this bill, have been polling their member agencies to obtain specific data on staffing shortages. For example, Sacramento County had 60 social worker positions vacant or understaffed; Butte County had an overall county vacancy rate of 15.25 percent with a human services vacancy rate of 21 percent; Tehama’s Department of Social Services has a vacancy rate of 36 percent; and Yuba County Health and Human Services Department has a vacancy rate of 15 percent.

More than 90 percent of counties have reported difficulty in recruiting Licensed Clinical Social Workers, Licensed Marriage and Family Counselors, and psychiatrists.^[1] The Los Angeles Times recently highlighted^[2] the shortage of county mental health workers in Los Angeles. The article notes that while Los Angeles has a severe shortage of mental health workers, leading to serious understaffing at county clinics and other facilities, the county is having difficulty filing vacancies.

This bill focuses on the staffing shortage at the county level, prioritizing the counties most in need. This bill would provide relief for local agencies with an employment vacancy rate of 20 percent or greater for 30 consecutive days in any state-funded or federal grant-in-aid program, by requiring CalHR to allow those agencies to use alternate minimum qualifications and processes to screen applications and establish eligibility lists for recruitment of new staff and advancement of existing staff until the vacancy rate falls below 20 percent continuously for three consecutive months.

Related/Prior Legislation:

AB 178 (Committee on Budget, Chapter 45, Statutes of 2022) allocated $50 million to increase the number of child welfare social workers in emergency response services, and made $25 million available to support the Employment Training Panel training health and social workers, among other allocations.

PRIOR VOTES

POSITIONS

Support:

California Long-Term Care Ombudsman Association

County of Santa Clara

SEIU California

Oppose:

None received

-- END --

1. https://capitolweekly.net/big-problem-californias-behavioral-health-worker-shortage/ ↑

2. https://www.latimes.com/california/story/2022-12-20/la-me-mental-health-workers-los-angeles ↑

ASSEMBLY THIRD READING

ATR Bill Id:AB 366

Author:(Petrie-Norris)

As Amended Ver:May 18, 2023

Majority vote

SUMMARY

Permits counties with a 20% or greater for 30 consecutive days employment vacancy rate to use alternate minimum qualifications to meet workforce demands, requires the California Department of Social Services (CDSS) to create the "Building Diversity in Human Services Workforce Program" to establish education and training grants in human services programs.

Major Provisions

1. Instructs the California Department of Human Resources (CalHR) to permit local agencies with an employment vacancy rate of 20% or greater for 30 consecutive days in any state-funded or federal grant-in-aid program to use alternate minimum qualifications and processes to screen applications and establish eligibility lists for recruitment of new staff and advancement of existing staff until the vacancy rate falls below 20% continuously for three consecutive months.
2. Establishes that alternatives authorized by the provisions of this bill include, but are not limited to: allowing counties to screen and establish eligibility lists directly with oversight by CalHR; implementing alternative examination requirements without advance approval by CalHR; and, waiving examination components.
3. Requires any alternative processes that require CalHR approval to be responded to within seven calendar days of the receipt of the request from the county.
4. Requires any alternative criteria or processes to comply with all applicable CalHR regulations.
5. Requires, no later than July 1, 2026, CalHR to convene representatives of local agencies and applicable state departments, including, but not limited to CDSS and the Department of Child Support Services, to develop and implement streamlined processes and requirements in the implementation of a merit-based personnel system.
6. Permits CalHR to implement any policy changes through departmental memoranda until regulations are adopted, and, further, affords the departmental memoranda the same force and effect of regulations.
7. Requires CalHR to adopt regulations to implement certain provisions of this bill related to streamlined processes and requirements, as specified, by July 1, 2027.
8. Requires CDSS to create the "Building Diversity in Human Services Workforce Program" in order to stablish education and training grants in human services programs.
9. Requires, subject to an appropriation for this purpose in the annual Budget Act, CDSS to establish a $5 million stipend program, to be known as the "California Community College Workforce and Economic Development Grant Program", in order to provide grants in the form of educational stipends to community college students who have an interest in public child welfare work.
10. Requires the program to:
    1. Be administered by CDSS through existing mechanisms applicable to other stipend programs administered by CDSS pursuant to Title IV-E of the federal Social Security Act, in association with various entities, as specified; and,
    2. Provide stipends to students who are enrolled in community college in counties with a population of 500,000 or less and who are in a relevant program of coursework, as specified by the provisions of this bill.
11. Permits state agencies to use up to a total of 5% of the appropriated funds for administration of the grant program.

COMMENTS

Workforce shortages. In California, many public social services programs, including CalWORKs, CalFresh, Medi-Cal, In-Home Supportive Services (IHSS), child welfare services, and mental and behavioral health services, among others, are administered by counties. Recent trends in workforce shifts have made it increasingly difficult for employers to hire and retain qualified staff; county human services agencies have also struggled to hire the necessary county workers responsible for administering various aspects of public social services programs, such as eligibility determination, ensuring accurate implementation of program requirements, and maintaining compliance with various state and federal regulations.

A December 2022 article in the Los Angeles (L.A.) Times describes county workforce staffing challenges, particularly as it relates to the mental health workforce, across the state:

"The county faces an acute shortage of mental health workers, which has led to serious understaffing at county-run clinics and other facilities at a time of rising demand. But filling vacant spots has proven to be a major challenge. Some providers have left their jobs citing overwork and stress…Others have moved out of state. The county has also seen a shortage of staff willing to work in person or in field-based positions, rather than remotely. Others have been poached by private employers or switched to other public entities, such as [Los Angeles Unified School District].

"The mental health worker shortage in California is a matter of demand outpacing supply 'partly due to an aging workforce, and partly due to a very limited growth in the number of master's-level clinicians being educated' said Janet Coffman, co-associate director for policy programs at UC San Francisco's Institute for Health Policy Studies…Gerardo Laviña, director of field education at UCLA's Department of Social Welfare, said that although area universities are 'churning out students,' research shows that there is and will continue to be an ‘incredible need' for more workers…colleagues and friends have told him they feel overwhelmed and stressed out by county work and that they themselves are seeking mental health assistance because of it. That kind of strain can make private-sector jobs appealing."

In 2018, the University of California San Francisco estimated that California will have 41% fewer psychiatrists and 11% fewer psychologists, licensed marriage and family therapists, licensed professional clinical counselors and licensed clinical social workers than needed by 2028.

CalHR Merit System Services (MSS) Program. When hiring additional employees to address workforce shortages, counties are required to comply with specific personnel and hiring practices, such as those required by the MSS Program. According to CalHR, "[MSS] is the process of hiring and promoting government employees based on their ability to perform a job, rather than on their political connections…[current state law] charges CalHR with the responsibility of ensuring that counties that receive federal funds for programs within their Social Services and Child Support Services departments adhere to federal merit principles."

Not all counties are subject to the MSS Program, however, and current law permits most counties in California to administer their own personnel systems for program employees based on CalHR's review and approval of the personnel management system. Counties that operate their own personnel management system are referred to as Approved Local Merit Systems (ALMS) counties. The remaining counties utilize the standards enumerated by the MSS Program, and include the counties of Alpine, Amador, Calaveras, Colusa, Del Norte, El Dorado, Glenn, Humboldt, Imperial, Inyo, Lake, Lassen, Madera, Mariposa, Merced, Modoc, Mono, Monterey, Plumas, San Benito, Sierra, Sutter, Tehama, Tuolumne, and Trinity.

California Social Work Education Center (CalSWEC) Title IV-E Program. One specific way that counties recruit for additional social workers is through CalSWEC, which was created in 1990 and is a consortium of 22 accredited social work programs, the public child welfare (PCW), adult welfare, and behavioral health agencies in all 58 California counties. Hosted by Berkeley Social Welfare at the University of California, Berkeley, CalSWEC operates the CalSWEC Title IV-E Program (IV-E Program), which provides professional education and monetary supports to undergraduate and graduate social work students who intend to pursue or continue a career in the field of public child welfare. Goals of the IV-E Program include:

1. Increase the number of public child welfare workers in California with Bachelor of Arts in social work and Master of Social Work degrees;
2. Prioritize enrollment of current state/county/tribal social services staff;
3. Prioritize enrollment of students who reflect the diversity of California's child welfare population;
4. Provide specific program support through the provision of monetary support to students; and,
5. Provide specific program support through a specialized competency-based child welfare curriculum.

A March 2020 retrospective study of the IV-E program found, among other things, that: nearly 93% of graduates completed or were completing the IV-E program’s employment obligation;
IV-E graduates worked an average of 6.2 years at their agency as a IV-E social worker; IV-E graduates worked an average of 3.5 years at their agency after their employment obligation was completed; the top reasons for leaving both their agencies and PCW were caseloads, overall agency climate, and paperwork; and, symptoms of secondary traumatic stress, such as burnout, depression, and anxiety, was mentioned by 28% of those who left their agency and by 21% who left PCW.

Equity Implications: To qualify for various public social services such as CalWORKs, CalFresh, and IHSS, recipients must meet a variety of eligibility criteria, including income requirements; as such, many recipients of these county-administered programs are low-income. When counties face workforce shortages, as has been the case in recent years, benefits recipients can experience delays in accessing services and difficulty in reaching a county worker to resolve issues. For low-income individuals who rely on cash and food assistance, as well as in-home services to complete daily tasks, delays in services can be detrimental to their basic needs, adequate nutrition, and independence in daily living,

Counties also administer the child welfare services system, which aims to protect children from abuse and neglect by investigating allegations of abuse or neglect and determining when it is appropriate to remove a child from the custody of their parents. Not only do county workforce shortages impact the ability of a county to investigate abuse or neglect allegations, workforce shortages also impact the ability of a county to provide family maintenance services and family reunification services aimed at preserving familial ties for the children and families of color who are disproportionately impacted by the child welfare services system.

The provisions of this bill seek to address equity by: ensuring county social services programs are adequately staffed in order to meet the needs of the oftentimes low-income children and families of color who rely on social safety net services to make ends meet; and, by providing the necessary protective services to children who are at risk of abuse or neglect in addition to the necessary supportive services to families to preserve familial bonds wherever possible.

According to the Author

"California is facing a workforce crisis. While that can be devastating enough for businesses in the private sector, for counties which are tasked with administering and delivering critical social safety net programs, as well as our child welfare system and adult protective services, when there aren’t enough workers to go around, programs fall behind, clients aren’t timely served, and current workers get burnt out from overwhelming caseloads and leave county service altogether."

Arguments in Support

According to the sponsors of the bill, the County Welfare Directors Association of California, "This bill would provide essential funding and resources, as well as reduce barriers, to address significant workforce shortages in county human services programs.

County human service agencies are facing critical staffing shortages across all program areas. Competition for staff is fierce both within the county (across programs and services as well as the private sector) and across county lines. Rapid turnover of county staff undermines the quality of services provided to consumers of county programs, impedes progress for improving county practices, and potentially can result in fiscal sanctions in some situations (for example federal Child and Family Service Reviews). Shortages are present in urban counties struggling with high caseloads and rural counties that have an extremely small pool of qualified candidates. This issue, which impacts the whole state, will not improve unless meaningful action is taken to expand the workforce.

Last year, after strong advocacy by CWDA and the National Association of Social Workers (NASW), the State Budget provided $30 million General Fund to expand slots in schools of social work to increase the pool of Master's level social workers. While this is a necessary first step, there will be several years before the new MSW's enter the workforce, and this aspect of staffing needs only accounts for part of the county-level staffing shortages."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Assembly Appropriations Committee on May 18, 2023:

1. Estimated ongoing General Fund (GF) cost pressures of $5 million annually to provide education stipends to community college students. The author is requesting $5 million in the state budget for expanding existing social work stipends to community colleges. According to the author, the $5 million GF investment would leverage another $15 million in federal Title IV-E matching funds.
2. Estimated one-time GF costs to CDSS in the mid-hundreds of thousands of dollars for additional staff to convene the program and GF costs in the low-hundreds of thousands of dollars ongoing to maintain the program.

VOTES

ASM HUMAN SERVICES: 7-0-1

YES: Jackson, Sanchez, Alanis, Arambula, Bryan, Calderon, Garcia

ABS, ABST OR NV: Bonta

ASM APPROPRIATIONS: 11-0-5

YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber, Ortega

ABS, ABST OR NV: Megan Dahle, Dixon, Mathis, Robert Rivas, Sanchez

UPDATED

VERSION: May 18, 2023

CONSULTANT: Alexandria Smith / HUM. S. / (916) 319-2089 FN: 0000955

Date of Hearing: May 17, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

ABPCA Bill Id:AB 366

Author:(Petrie-Norris) – As Amended Ver:March 23, 2023

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

SUMMARY:

This bill requires the California Department of Social Services (CDSS) to establish an education and training grant program to enable local entities to establish career-track programs within county human services departments and to provide educational stipends to community college students who have an interest in public child welfare work. This bill also allows counties with a 20% or greater employment vacancy rate in any state-funded or federal grant-in-aid program to use alternate minimum qualifications to meet workforce demands.

Specifically, this bill:

1. Requires CDSS to create the “Building Diversity in Human Services Workforce Program” to establish education and training grants in human services programs.
2. Requires, subject to an appropriation in the annual Budget Act, CDSS to establish a $5 million stipend program, to be known as the “California Community College Workforce and Economic Development Grant Program,” to provide grants in the form of educational stipends to community college students who have an interest in public child welfare work.
3. Requires the program to:
   1. Be administered by CDSS through existing mechanisms applicable to other stipend programs administered by CDSS pursuant to Title IV-E of the federal Social Security Act, in association with various entities.
   2. Provide stipends to students who are enrolled in community college in counties with a population of 500,000 or less and who are in a relevant program of coursework, as specified by the provisions of this bill.
4. Requires, subject to an appropriation in the annual Budget Act, CDSS to provide competitive grants to eligible entities for the purpose of establishing career-track programs within county human services departments. Further, requires CDSS, in consultation with the County Welfare Directors Association (CWDA) and relevant stakeholders, to determine the methodology for, and manner of, distributing grants awarded and any reporting requirements for grantees.
5. Instructs the California Department of Human Resources (CalHR) to permit local agencies with an employment vacancy rate of 20% or greater in any state-funded or federal grant-in-aid program to use alternate minimum qualifications and processes to screen applications and establish eligibility lists for recruitment of new staff and advancement of existing staff until the vacancy rate falls below 20% continuously for 12 consecutive months.

FISCAL EFFECT:

1. Estimated ongoing General Fund (GF) cost pressures in the low tens-of millions of dollars annually to provide grants to local entities for career track programs and to provide education stipends to community college students. The author is requesting $35 million dollars in the state budget for these purposes - $30 million for career track programs and $5 million for expanding existing social work stipends to community colleges. According to the author, the $5 million GF investment would leverage another $15 million in federal Title IV-E matching funds.
2. Estimated one-time GF costs to CDSS in the high-hundreds of thousands of dollars for additional staff to convene the program and GF costs in the mid-hundreds of thousands of dollars ongoing to maintain the program. This includes one manager position and two full-time limited term staff and two permanent full-time staff.

COMMENTS:

1. Purpose. The author seeks to address workforce shortages in county human services programs. According to the author:

California is facing a workforce crisis. While that can be devastating enough for businesses in the private sector, for counties which are tasked with administering and delivering critical social safety net programs, as well as our child welfare system and adult protective services, when there aren’t enough workers to go around, programs fall behind, clients aren’t timely served, and current workers get burnt out from overwhelming caseloads and leave county service altogether.

1. Background. In California, many public social services programs, including CalWORKs, CalFresh, Medi-Cal, In-Home Supportive Services (IHSS), child welfare services, and mental and behavioral health services, among others, are administered by counties. Recent trends in workforce shifts have made it increasingly difficult for employers to hire and retain qualified staff. In 2018, the University of California San Francisco estimated California will have 41% fewer psychiatrists and 11% fewer psychologists, licensed marriage and family therapists, licensed professional clinical counselors, and licensed clinical social workers than needed by 2028.

When hiring employees to address workforce shortages, counties are required to comply with specific personnel and hiring practices, such as those required by the CalHR Merit System Services (MSS) Program. Not all counties are subject to the MSS Program, however, and current law permits most counties to administer their own personnel systems for program employees based on CalHR’s review and approval of the personnel management system.

This bill permits CalHR to allow local agencies with an employment vacancy rate of 20% or greater in any state-funded or federal grant-in-aid program to use alternate minimum qualifications and processes to screen applications and establish eligibility lists for recruitment of new staff and advancement of existing staff. Local agencies can use the alternative minimum qualifications until the vacancy rate falls below 20% continuously for 12 consecutive months.

The California Social Work Education Center (CalSWEC) is a consortium of 22 accredited social work programs and the public child welfare, adult welfare, and behavioral health agencies in all 58 California counties. Hosted by Berkeley Social Welfare at the University of California, Berkeley, CalSWEC operates the CalSWEC Title IV-E Program (IV-E Program), which provides professional education and monetary supports to undergraduate and graduate social work students who intend to pursue or continue a career in the field of public child welfare. A March 2020 study of the IV-E Program found, among other things, nearly 93% of graduates completed or were completing the program’s employment obligation.

This bill requires CDSS to administer a human services workforce program in twenty small rural counties for community college students who have an interest in public child welfare work. CDSS must use existing mechanisms applicable to other stipend programs, such as CalSWEC. According to CWDA, sponsor of the bill, “This builds on an existing and successful program for bachelor’s and masters’ level social workers and would leverage [additional federal funds].”

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

Date of Hearing: April 18, 2023

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Corey A. Jackson, Chair

ABPCA Bill Id:AB 366 (

Author:Petrie-Norris) – As Amended Ver:March 23, 2023

SUBJECT: County human services agencies: workforce development

SUMMARY: Permits counties with a 20% or greater employment vacancy rate to use alternate minimum qualifications to meet workforce demands, requires the California Department of Social Services (CDSS) to create the “Building Diversity in Human Services Workforce Program” to establish education and training grants in human services programs, and requires CDSS, subject to an appropriation in the Budget Act, provide competitive grants to eligible entities in order to establish career-track programs within county human services departments. Specifically, this bill:

1. Makes Legislating findings and declarations related to vacancy rates and workforce shortages for county human services agencies.
2. Instructs the California Department of Human Resources (CalHR) to permit local agencies with an employment vacancy rate of 20% or greater in any state-funded or federal grant-in-aid program to use alternate minimum qualifications and processes to screen applications and establish eligibility lists for recruitment of new staff and advancement of existing staff until the vacancy rate falls below 20% continuously for 12 consecutive months.
3. Establishes that alternatives authorized by the provisions of this bill include, but are not limited to: allowing counties to screen and establish eligibility lists directly with oversight by CalHR; implementing alternative examination requirements without advance approval by CalHR; and, waiving examination components.
4. Requires any alternative processes that require CalHR approval to be responded to within seven calendar days of the receipt of the request from the county.
5. Requires any alternative criteria or processes to comply with all applicable CalHR regulations.
6. Requires, no later than July 1, 2026, CalHR to convene representatives of local agencies and applicable state departments, including, but not limited to CDSS and the Department of Child Support Services, to develop and implement streamlined processes and requirements in the implementation of a merit-based personnel system.
7. Permits CalHR to implement any policy changes through departmental memoranda until regulations are adopted, and, further, affords the departmental memoranda the same force and effect of regulations.
8. Requires CalHR to adopt regulations to implement certain provisions of this bill related to streamlined processes and requirements, as specified, by July 1, 2027.
9. Makes Legislative findings related to the role of counties in implementing safety net programs, and, further, states Legislative intent to fund educational programs to address county workforce shortages.
10. Requires CDSS to create the “Building Diversity in Human Services Workforce Program” in order to stablish education and training grants in human services programs.
11. Requires, subject to an appropriation for this purpose in the annual Budget Act, CDSS to establish a $5 million stipend program, to be known as the “California Community College Workforce and Economic Development Grant Program”, in order to provide grants in the form of educational stipends to community college students who have an interest in public child welfare work.
12. Requires the program to:
    1. Be administered by CDSS through existing mechanisms applicable to other stipend programs administered by CDSS pursuant to Title IV-E of the federal Social Security Act, in association with various entities, as specified; and,
    2. Provide stipends to students who are enrolled in community college in counties with a population of 500,000 or less and who are in a relevant program of coursework, as specified by the provisions of this bill.
13. Permit state agencies to use up to a total of 5% of the appropriated funds for administration of the grant program.
14. Requires, subject to an appropriation for this purpose in the annual Budget Act, CDSS to provide competitive grants to eligible entities for the purpose of establishing career-track programs within county human services departments. Further, requires CDSS, in consultation with the County Welfare Directors Association and relevant stakeholders, to determine the methodology for, and manner of, distributing grants awarded and any reporting requirements for grantees.
15. Requires grant funding be available for expenditure by the grantee for two fiscal years from the date the grant is awarded.
16. Prioritizes grant awards based on the following criteria:
    1. Geographic diversity, with priority to rural and central valley counties; and,
    2. The applicant’s ability to do all of the following:
       1. Provide community-based training programs that offer mentorship to trainees and have an emphasis on trainees with lived experience using human services programs and who are representatives of their community;
       2. Establish, in collaboration with their local community colleges or high schools, a human services certificate program whereby students may receive educational training in county human services programs and receive certification to be employed in those programs; and,
       3. Establish, in collaboration with local public colleges and universities, dedicated county internship programs that provide educational training and credit towards human service degree programs.
17. Affords participating students that obtain a human services certificate preference in county hiring.
18. Encourages program applications to incorporate lowest barrier to entry models and account for educational, language, or cultural difficulties in accessing educational opportunities or public employment.
19. Defines “eligible entity” any of the following:
    1. A county human services agency;
    2. A public education agency that provides a letter of support from a county human services agency; or,
    3. A nonprofit organization, as specified, that provides a letter of support from a county human services agency.
20. Requires, in order to receive grant funds, an eligible entity to submit a plan to CDSS describing its planned strategies, consistent with the criteria described by the provisions of this bill, any planned partnerships with county agencies, educational entities, or community-based organizations, outcomes to be achieved, and methods for measuring success.
21. Exempts a grant awarded under the provisions of this bill from the personal services contracting requirements of existing law, and, further, prohibits the grant from being subject to the approval of the Department of General Services.
22. Permits CDSS to implement, interpret, or make specific the provisions of this bill related to grant administration through all-county letters or similar instructions, without taking regulator action until regulations are adopted.

EXISTING LAW:

1. Vests CalHR with the jurisdiction and responsibility of establishing and maintaining personnel standards on a merit basis and administering merit systems for local government agencies where such merit systems of employment are required by statute or regulation as a condition of a state-funded program or a federal grand-in-aid program established under federal law, as specified. (Government [GOV] Code 19800 et seq.)
2. Requires CalHR to, by regulation, establish and maintain personnel standards on a merit basis for local agencies (including standards of qualifications, competency, education, experience, tenure, and compensation) necessary for proper and efficient administration, and to ensure state conformity with applicable federal requirements. (GOV 19801)
3. Requires CalHR to administer the merit system for employees engaged in administering a state-funded program or a federal grant-in-aid program, as specified, in a local agency not administering its own merit system, as approved by current law. Further, permits CalHR to delegate any of its duties to a state department or agency, which may include, but is not limited to, recruitment, examination, certification, appointment and other transactions, position classification, compensation standards, and disciplinary actions. (GOV 19803(a))

FISCAL EFFECT: Unknown, this bill has not been analyzed by a fiscal committee.

COMMENTS:

Background: Workforce shortages. In California, many public social services programs, including CalWORKs, CalFresh, Medi-Cal, In-Home Supportive Services (IHSS), child welfare services, and mental and behavioral health services, among others, are administered by counties. Recent trends in workforce shifts have made it increasingly difficult for employers to hire and retain qualified staff; county human services agencies have also struggled to hire the necessary county workers responsible for administering various aspects of public social services programs, such as eligibility determination, ensuring accurate implementation of program requirements, and maintaining compliance with various state and federal regulations.

A December 2022 article in the Los Angeles (L.A.) Times describes county workforce staffing challenges, particularly as it relates to the mental health workforce, across the state:

“The county faces an acute shortage of mental health workers, which has led to serious understaffing at county-run clinics and other facilities at a time of rising demand. But filling vacant spots has proven to be a major challenge. Some providers have left their jobs citing overwork and stress…Others have moved out of state. The county has also seen a shortage of staff willing to work in person or in field-based positions, rather than remotely. Others have been poached by private employers or switched to other public entities, such as [Los Angeles Unified School District].

“The mental health worker shortage in California is a matter of demand outpacing supply ‘partly due to an aging workforce, and partly due to a very limited growth in the number of master’s-level clinicians being educated’ said Janet Coffman, co-associate director for policy programs at UC San Francisco’s Institute for Health Policy Studies…Gerardo Laviña, director of field education at UCLA’s Department of Social Welfare, said that although area universities are ‘churning out students,’ research shows that there is and will continue to be an ‘incredible need’ for more workers…colleagues and friends have told him they feel overwhelmed and stressed out by county work and that they themselves are seeking mental health assistance because of it. That kind of strain can make private-sector jobs appealing.”

In 2018, the University of California San Francisco estimated that California will have 41% fewer psychiatrists and 11% fewer psychologists, licensed marriage and family therapists, licensed professional clinical counselors and licensed clinical social workers than needed by 2028.

CalHR Merit System Services (MSS) Program. When hiring additional employees to address workforce shortages, counties are required to comply with specific personnel and hiring practices, such as those required by the MSS Program. According to CalHR, “[MSS] is the process of hiring and promoting government employees based on their ability to perform a job, rather than on their political connections…[current state law] charges CalHR with the responsibility of ensuring that counties that receive federal funds for programs within their Social Services and Child Support Services departments adhere to federal merit principles.”

Not all counties are subject to the MSS Program, however, and current law permits most counties in California to administer their own personnel systems for program employees based on CalHR’s review and approval of the personnel management system. Counties that operate their own personnel management system are referred to as Approved Local Merit Systems (ALMS) counties. The remaining counties utilize the standards enumerated by the MSS Program, and include the counties of Alpine, Amador, Calaveras, Colusa, Del Norte, El Dorado, Glenn, Humboldt, Imperial, Inyo, Lake, Lassen, Madera, Mariposa, Merced, Modoc, Mono, Monterey, Plumas, San Benito, Sierra, Sutter, Tehama, Tuolumne, and Trinity.

The provisions of this bill permit CalHR to allow local agencies with an employment vacancy rate of 20% or greater in any state-funded or federal grant-in-aid program to use alternate minimum qualifications and processes to screen applications and establish eligibility lists for recruitment of new staff and advancement of existing staff. The provisions of this bill also permit local agencies to use the alternative minimum qualifications until the vacancy rate falls below 20% continuously for 12 consecutive months.

California Social Work Education Center (CalSWEC) Title IV-E Program. One specific way that counties recruit for additional social workers is through CalSWEC, which was created in 1990 and is a consortium of 22 accredited social work programs, the public child welfare (PCW), adult welfare, and behavioral health agencies in all 58 California counties. Hosted by Berkeley Social Welfare at the University of California, Berkeley, CalSWEC operates the CalSWEC Title IV-E Program (IV-E Program), which provides professional education and monetary supports to undergraduate and graduate social work students who intend to pursue or continue a career in the field of public child welfare. Goals of the IV-E Program include:

• Increase the number of public child welfare workers in California with Bachelor of Arts in social work and Master of Social Work degrees;
• Prioritize enrollment of current state/county/tribal social services staff;
• Prioritize enrollment of students who reflect the diversity of California’s child welfare population;
• Provide specific program support through the provision of monetary support to students; and,
• Provide specific program support through a specialized competency-based child welfare curriculum.

A March 2020 retrospective study of the IV-E program found, among other things, that: nearly 93% of graduates completed or were completing the IV-E program’s employment obligation;
IV-E graduates worked an average of 6.2 years at their agency as a IV-E social worker; IV-E graduates worked an average of 3.5 years at their agency after their employment obligation was completed; the top reasons for leaving both their agencies and PCW were caseloads, overall agency climate, and paperwork; and, symptoms of secondary traumatic stress, such as burnout, depression, and anxiety, was mentioned by 28% of those who left their agency and by 21% who left PCW.

Provisions of this bill would require CDSS to create the “Building Diversity in Human Services Workforce Program” and, further, requires the program to be administered by CDSS through existing mechanisms applicable to other stipend programs, such as CalSWEC.

Author’s Statement: According to the author, “California is facing a workforce crisis. While that can be devastating enough for businesses in the private sector, for counties which are tasked with administering and delivering critical social safety net programs, as well as our child welfare system and adult protective services, when there aren’t enough workers to go around, programs fall behind, clients aren’t timely served, and current workers get burnt out from overwhelming caseloads and leave county service altogether.

“[This bill] addresses this workforce shortage in three ways: first, it gives hiring flexibility to counties with a 20% or greater workforce vacancy while still protecting merit based hiring; second, it expands an already existing stipend program for MSW students that draws down federal dollars at a 75-25% match to bachelors and associates level social work students, helping to defray educational costs for those already in the career pipeline; third, it creates a $30 million dollar ‘Building Diversity in Human Services Workforce’ grant program to give counties money to create career pathways with their local colleges and universities, community colleges, as well as community based training programs for those in underserved communities with lived experience. By giving flexibility and funding we can bring folks into the workforce who have either unfairly been carved out due to antiquated hiring practices or who may not consider public employment a viable option due to exorbitant educational costs or other barriers to entry.”

Need for this bill: The provisions of this bill seek to address high workforce vacancy rates and turnover among county human services agency employees, which hinder a county’s ability to provide adequate, timely services to recipients of public social services. Specifically, this bill would: permit counties with an employment rate of 20% or greater in any state-funded or federal grant-in-aid program to use alternative minimum qualifications and processes to screen applications and establish eligibility lists until the vacancy rate falls below 20% continuously for 12 consecutive months; require CDSS to create the “Building Diversity in Human Services Workforce Program” in order to establish education and training grants in human services programs; and, require CDSS to provide competitive grants to eligible entities in order to establish career-track programs within county human services departments.

Equity Implications: To qualify for various public social services such as CalWORKs, CalFresh, and IHSS, recipients must meet a variety of eligibility criteria, including income requirements; as such, many recipients of these county-administered programs are low-income. When counties face workforce shortages, as has been the case in recent years, benefits recipients can experience delays in accessing services and difficulty in reaching a county worker to resolve issues. For low-income individuals who rely on cash and food assistance, as well as in-home services to complete daily tasks, delays in services can be detrimental to their basic needs, adequate nutrition, and independence in daily living,

Counties also administer the child welfare services system, which aims to protect children from abuse and neglect by investigating allegations of abuse or neglect and determining when it is appropriate to remove a child from the custody of their parents. Not only do county workforce shortages impact the ability of a county to investigate abuse or neglect allegations, workforce shortages also impact the ability of a county to provide family maintenance services and family reunification services aimed at preserving familial ties for the children and families of color who are disproportionately impacted by the child welfare services system.

The provisions of this bill seek to address equity by: ensuring county social services programs are adequately staffed in order to meet the needs of the oftentimes low-income children and families of color who rely on social safety net services to make ends meet; and, by providing the necessary protective services to children who are at risk of abuse or neglect in addition to the necessary supportive services to families to preserve familial bonds wherever possible.

Policy Considerations: The provisions of this bill would require CalHR to permit local agencies with an employment vacancy rate of 20% or greater to use alternate minimum qualifications and processes to screen applications and establish eligibility lists for recruitment of new staff and advancement of existing staff. Under the provisions of this bill, local agencies may also utilize alternate minimum qualifications until the employment vacancy rate falls below 20% continuously for 12 consecutive months.

Currently, this bill does not include a minimum timeframe for which the employment vacancy rate must be 20% or greater. For example, a local agency may experience a 20% employment vacancy rate for a single month, which would then make the agency eligible to utilize alternate minimum qualifications in its hiring process until such a time that the vacancy rate falls below 20% for 12 consecutive months. Further, because there is no explicit timeframe described by the provisions of this bill, an agency’s eligibility to use alternate minimum qualifications could be triggered by a week or even a single day where the vacancy rate is 20% or greater.

Additionally, this bill requires, in order to revert to the existing minimum qualifications under the MSS Program, a local agency’s employment vacancy rate to fall below 20% for 12 consecutive months. However, because there is no minimum timeframe necessary for a local agency to use alternate minimum qualifications in its hiring process, a single day with a high employment vacancy could permit the agency to utilize alternate minimum qualifications for an additional 12 months. It is possible that without a minimum timeframe that must be met in order to use alternate minimum qualifications, the provisions of this bill could result in a semi-permanent shift away from MSS Program requirements. Should this bill move forward, the author may wish to consider including a minimum timeframe in which a local agency must experience a 20% employment vacancy rate in order to use alternate minimum qualifications for hiring.

RELATED AND PRIOR LEGISLATION:

AB 178 (Committee on Budget), Chapter 45, Statutes of 2022, allocated $50 million for the purpose of increasing the number of child welfare social workers in emergency response services, and made available $25 million to support the Employment Training Panel training health and social workers, among other allocations.

REGISTERED SUPPORT / OPPOSITION:

Support

County Welfare Directors Association of California (CWDA) (Sponsor)

City and County of San Francisco

County of Humboldt

County of Santa Cruz Human Services Department

San Francisco Human Services Agency

San Luis Obispo County Department of Social Services

Solano County Health and Social Services

Tehama County Department of Social Services

Opposition

None on file

Analysis Prepared by: Alexandria Smith / HUM. S. / (916) 319-2089