Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to allocate funds to private nonprofit regional centers for the provision of community services and supports for persons with developmental disabilities and their families. Existing law permits regional centers to purchase in-home respite services for regional center clients. Existing law defines in-home respite services as intermittent or regularly scheduled temporary nonmedical care and supervision provided in the clients own home, for a regional center client who resides with a family member.

Existing law, the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, requires foster care providers to be paid a per-child per-month rate, established by the State Department of Social Services, for the care and supervision of the child placed with the provider.

Existing law generally provides for the placement of foster youth in various placement settings. Existing law provides for the implementation of the resource family approval process and defines a resource family as an individual or family who has successfully met both the home environment assessment standards and permanency assessment criteria, as specified, necessary for providing care for a child placed by a public or private child placement agency by court order, or voluntarily placed by a parent or legal guardian.

Existing law prohibits children who receive both AFDC-FC benefits and regional center services and who reside with a relative, nonrelative extended family member, or specified community care facility that is not vendored by the regional center as a residential facility from being prohibited from receiving in-home respite services.

This bill would add children who receive both AFDC-FC benefits and regional center services and who reside with a resource family to the above-described prohibition. The bill would also add Indian children who receive both AFDC-FC benefits and regional center services and who reside with an extended family member, as defined, or a tribally approved home, as defined, to the above-described prohibition. The bill would require regional centers to assess a small family home for service need, as specified, prior to approving in-home respite services for children in that placement type. To the extent that the bill increases the duties of the county in administering the AFDC-FC program, the bill would impose a state-mandated local program. The bill would make other technical changes.

This bill would clarify that, for purposes of the provisions relating to children who receive both AFDC-FC benefits and regional center services, the terms child and children include a nonminor dependent, as defined. The bill would find and declare that this provision is declaratory of existing law.

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

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to allocate funds to private nonprofit regional centers for the provision of community services and supports for persons with developmental disabilities and their families. Existing law permits regional centers to purchase in-home respite services for regional center clients. Existing law defines in-home respite services as intermittent or regularly scheduled temporary nonmedical care and supervision provided in the clients own home, for a regional center client who resides with a family member.

Existing law, the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, requires foster care providers to be paid a per-child per-month rate, established by the State Department of Social Services, for the care and supervision of the child placed with the provider.

Existing law generally provides for the placement of foster youth in various placement settings. Existing law provides for the implementation of the resource family approval process and defines a resource family as an individual or family who has successfully met both the home environment assessment standards and permanency assessment criteria, as specified, necessary for providing care for a child placed by a public or private child placement agency by court order, or voluntarily placed by a parent or legal guardian.

Existing law prohibits children who receive both AFDC-FC benefits and regional center services and who reside with a relative, nonrelative extended family member, or specified community care facility that is not vendored by the regional center as a residential facility from being prohibited from receiving in-home respite services.

This bill would add children who receive both AFDC-FC benefits and regional center services and who reside with a resource family to the above-described prohibition. The bill would also add Indian children who receive both AFDC-FC benefits and regional center services and who reside with an extended family member, as defined, or a tribally approved home, as defined, to the above-described prohibition. The bill would require regional centers to assess a small family home for service need, as specified, prior to approving in-home respite services for children in that placement type. To the extent that the bill increases the duties of the county in administering the AFDC-FC program, the bill would impose a state-mandated local program. The bill would make other technical changes.

This bill would clarify that, for purposes of the provisions relating to children who receive both AFDC-FC benefits and regional center services, the terms child and children include a nonminor dependent, as defined. The bill would find and declare that this provision is declaratory of existing law.

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

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to allocate funds to private nonprofit regional centers for the provision of community services and supports for persons with developmental disabilities and their families. Existing law permits regional centers to purchase in-home respite services for regional center clients. Existing law defines in-home respite services as intermittent or regularly scheduled temporary nonmedical care and supervision provided in the clients own home, for a regional center client who resides with a family member.

Existing law, the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, requires foster care providers to be paid a per-child per-month rate, established by the State Department of Social Services, for the care and supervision of the child placed with the provider.

Existing law generally provides for the placement of foster youth in various placement settings. Existing law provides for the implementation of the resource family approval process and defines a resource family as an individual or family who has successfully met both the home environment assessment standards and permanency assessment criteria, as specified, necessary for providing care for a child placed by a public or private child placement agency by court order, or voluntarily placed by a parent or legal guardian.

Existing law prohibits children who receive both AFDC-FC benefits and regional center services and who reside with a relative, nonrelative extended family member, or specified community care facility that is not vendored by the regional center as a residential facility from being prohibited from receiving in-home respite services.

This bill would add children who receive both AFDC-FC benefits and regional center services and who reside with a resource family to the above-described prohibition. The bill would also add Indian children who receive both AFDC-FC benefits and regional center services and who reside with an extended family member, as defined, or a tribally approved home, as defined, to the above-described prohibition. The bill would require regional centers to assess a small family home for service need, as specified, prior to approving in-home respite services for children in that placement type. To the extent that the bill increases the duties of the county in administering the AFDC-FC program, the bill would impose a state-mandated local program. The bill would make other technical changes.

This bill would clarify that, for purposes of the provisions relating to children who receive both AFDC-FC benefits and regional center services, the terms child and children include a nonminor dependent, as defined. The bill would find and declare that this provision is declaratory of existing law.

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

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to allocate funds to private nonprofit regional centers for the provision of community services and supports for persons with developmental disabilities and their families. Existing law permits regional centers to purchase in-home respite services for regional center clients. Existing law defines in-home respite services as intermittent or regularly scheduled temporary nonmedical care and supervision provided in the clients own home, for a regional center client who resides with a family member.

Existing law, the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, requires foster care providers to be paid a per-child per-month rate, established by the State Department of Social Services, for the care and supervision of the child placed with the provider.

Existing law generally provides for the placement of foster youth in various placement settings. Existing law provides for the implementation of the resource family approval process and defines a resource family as an individual or family who has successfully met both the home environment assessment standards and permanency assessment criteria, as specified, necessary for providing care for a child placed by a public or private child placement agency by court order, or voluntarily placed by a parent or legal guardian.

Existing law prohibits children who receive both AFDC-FC benefits and regional center services and who reside with a relative, nonrelative extended family member, or specified community care facility that is not vendored by the regional center as a residential facility from being prohibited from receiving in-home respite services.

This bill would add children who receive both AFDC-FC benefits and regional center services and who reside with a resource family to the above-described prohibition. The bill would also add Indian children who receive both AFDC-FC benefits and regional center services and who reside with an extended family member, as defined, or a tribally approved home, as defined, to the above-described prohibition. To the extent that the bill increases the duties of the county in administering the AFDC-FC program, the bill would impose a state-mandated local program. The bill would make other technical changes.

This bill would clarify that, for purposes of the provisions relating to children who receive both AFDC-FC benefits and regional center services, the terms child and children include a nonminor dependent, as defined. The bill would find and declare that this provision is declaratory of existing law.

Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to allocate funds to private nonprofit regional centers for the provision of community services and supports for persons with developmental disabilities and their families. Existing law permits regional centers to purchase in-home respite services for regional center clients. Existing law defines in-home respite services as intermittent or regularly scheduled temporary nonmedical care and supervision provided in the clients own home, for a regional center client who resides with a family member.

Existing law, the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, requires foster care providers to be paid a per-child per-month rate, established by the State Department of Social Services, for the care and supervision of the child placed with the provider.

Existing law generally provides for the placement of foster youth in various placement settings. Existing law provides for the implementation of the resource family approval process and defines a resource family as an individual or family who has successfully met both the home environment assessment standards and permanency assessment criteria, as specified, necessary for providing care for a child placed by a public or private child placement agency by court order, or voluntarily placed by a parent or legal guardian.

Existing law prohibits children who receive both AFDC-FC benefits and regional center services and who reside with a relative, nonrelative extended family member, or specified community care facility that is not vendored by the regional center as a residential facility from being prohibited from receiving in-home respite services.

This bill would add children who receive both AFDC-FC benefits and regional center services and who reside with a resource family to the above-described prohibition. The bill would make other technical changes.

This bill would clarify that, for purposes of the provisions relating to children who receive both AFDC-FC benefits and regional center services, the terms child and children include a nonminor dependent, as defined. The bill would find and declare that this provision is declaratory of existing law.

 UNFINISHED BUSINESS  

Bill No: SB 1197

Author: Alvarado-Gil (R), et al.

Amended: 8/19/24

Vote: 21

SENATE HUMAN SERVICES COMMITTEE: 5-0, 4/1/24

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

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/16/24

AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab

SENATE FLOOR: 37-0, 5/23/24

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

NO VOTE RECORDED: Allen, Archuleta, Newman

ASSEMBLY FLOOR: 77-0, 8/28/24 - See last page for vote

SUBJECT: In-home respite services

SOURCE: Children’s Law Center of California

Disability Rights California

Public Counsel

DIGEST:

This bill clarifies and adds to the list of persons that cannot be prohibited from receiving in-home respite services.

Assembly Amendments

require regional centers to assess a small family home for service needed prior to approving in-home respite services; and makes clarifying technical changes.

ANALYSIS:

Existing Law

1. Establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program for children under 18 years old and nonminor dependents meeting specified conditions. (WIC 11401, et seq.)
2. Establishes the Lanterman Developmental Disabilities Services Act (Lanterman Act), which states that California is responsible for providing a range of services and supports sufficiently complete to meet the needs and choices of each person with developmental disabilities, regardless of age or degree of disability, and at each stage of life, and to support their integration into the mainstream life of the community. (WIC 4500, et seq.)
3. Establishes a system of nonprofit Regional Centers, overseen by the Department of Developmental Services (DDS), to provide fixed points of contact in the community for all persons with developmental disabilities and their families, to coordinate services and supports best suited to them throughout their lifetime. (WIC 4620)
4. Prohibits children who receive both AFDC-FC benefits and regional center services who are residing with a relative, nonrelative extended family member, or a foster family home or small family home that is not vendored by the regional center as a residential facility from being prohibited from receiving in-home respite services. (WIC 4684)
5. Defines “in-home respite services” as intermittent or regularly scheduled temporary nonmedical care and supervision provided in the client’s own home, for a regional center client who resides with a family member. (WIC 4690.2(a))
6. Defines “resource family” to mean an individual or family that has successfully met both the home environment assessment standards and the permanency assessment criteria, as specified, necessary for providing care for a child placed by a public or private child placement agency by court order, or voluntarily placed by a parent or legal guardian. (WIC 16519.5)

This bill:

1. Adds children who receive both AFDC-FC benefits and regional center services to the list of persons that cannot be prohibited from receiving in-home respite services if they are residing with any of the following:
   1. A relative, as defined in WIC 319(h)(2), or, in the case of an Indian child, an extended family member, as defined in WIC 224.1(c).
   2. A nonrelative extended family member, as defined in WIC 362.7.
   3. A resource family, as defined in WIC 16519.5(c)(1).
   4. A tribally approved home, as defined in WIC 224.1(r).
   5. A foster family home, as defined in HSC 1502(a)(5), that is not vendored by the regional center as a residential facility.
   6. A small family home, as defined in HSC 1502(a)(6), that is not vendored by the regional center as a residential facility. Regional centers shall assess a small family home for service need, including verification of the small family home’s staffing level, through the individual program plan (IPP) process or the individualized family service plan (IFSP) process, as applicable, prior to approving in-home respite services for children residing in a licensed small family home.
2. Clarifies that, for the purposes of provisions related to the AFDC-FC, the terms “child” and “children” include a nonminor dependent, as defined in WIC 11400(v).
3. To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 201 Realignment Legislation, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIII B of the California Constitution.

Discussion

Aid to Families with Dependent Children-Foster Care (AFDC-FC)

The AFDC-FC program blends federal, state, and county funds to provide financial assistance for children who have been placed in foster care. In order to be eligible for AFDC-FC, a child or nonminor dependent must be placed in an eligible foster care placement, including, but not limited to: the approved home of a relative, nonrelative extended family member, or resource family; a small family home; or a licensed foster family agency for placement into a certified or approved home.

Lanterman Act

In 1969, the Lanterman Act established that individuals with developmental disabilities and their families have a right to receive the necessary supports and services required to live independently in the community. The Lanterman Act enumerates the rights of individuals with developmental disabilities, as well as the rights of their families, what services and supports are available to these individuals, and how regional centers and service providers work together to provide these supports and services. The term “developmental disability” is defined as a disability that originates before a person reaches 18 years of age, is expected to continue indefinitely, and is a significant disability for the individual; such disabilities include, among others: epilepsy, autism spectrum disorder, intellectual disability, and cerebral palsy.

In addition to establishing the rights of individuals, the Lanterman Act also created California’s regional center system, comprised of 21 nonprofit regional centers throughout the state whose primary purpose is to connect individuals with services in the community. Regional centers coordinate a robust array of services and supports for more than 329,000 individuals with developmental disabilities in California.

In-Home Respite Services

In-home respite services are intended to provide temporary care and supervision to a regional center consumer in their own home. In-home respite services are support services which typically include: assisting caregivers in maintaining the consumer at home, ensuring the consumer’s safe care and supervision in the absence of caregivers, relieving caregivers from the constant responsibility of providing care and supervision, and attending to the consumer’s basic needs and activities normally provided by caregivers. Respite services offer caregivers time for other activities such as chores, caring for other children, self-care, and resting. Respite services are distinct from day care, which is meant to help caregivers by caring for the child or nonminor dependent while going to work, school, or training. The necessity and hours for respite services are determined through the Individual Program Plan (IPP) process, with consideration of the consumer and family’s needs and preferences.

SB 84 (Committee on Budget and Fiscal Review, 2007), a budget trailer bill, authorized in-home respite services for relative and non-relative caregivers of children who are both AFDC-FC recipients and regional center consumers, sometimes referred to as “dual agency” children in state guidance. However, SB 84 contained an incorrect citation to Title 22 of the California Code of Regulations, instead of the applicable Title 17, resulting in challenges with implementation. Prior to SB 84, only relative caregivers who were unlicensed were eligible for in-home respite care. Non-relatives were ineligible because they were either a licensed or certified residential care facility or foster family home receiving funds from a public agency or regional center for the care and supervision provided.

AB 9 X4 (Evans, Chapter 9, Statutes of 2009) a budget trailer bill, made a series of changes to the developmental services system to enact cost savings. Among these were changes to respite services, including a restriction that limited eligibility for respite services to an unlicensed relative, which was law prior to SB 84. AB 107 (Committee on Budget, 2017), a budget trailer bill, repealed the portions of AB 9 X4 related to the restriction on respite. Although this effectively reinstated SB 84, implementation remained a challenge due to the incorrect citation. According to the bill sponsors, non-relative caregivers who have been resource family approved have reported being denied access to in-home respite services due to this drafting error.

AB 340 (Hancock, Chapter 464, Statutes of 2007) established the term “resource family” for the purposes of a resource family pilot program to replace various processes for approving foster care placements. The term resource family is now commonly used in the child welfare services system and statute. This bill seeks to remove the incorrect citation and update the list of persons eligible for in-home respite to include a resource family and a caregiver of a non-minor dependent, as defined.

Related/Prior Legislation

AB 107 (Committee on Budget, Chapter 18, Statutes of 2017) repealed portions of AB 9 X4 (Evans, 2009) related to the restriction on eligibility for respite services, among other changes.

AB 9 X4 (Evans, Chapter 9, Statutes of 2009) limited eligibility for respite services to a family member who is not licensed, among other changes.

AB 340 (Hancock, Chapter 464, Statutes of 2007) established the resource family pilot program and defined “resource family” in statute, among other things.

SB 84 (Committee on Budget and Fiscal Review, Chapter 177, Statutes of 2007) authorized in-home respite services for relative and non-relative caregivers of children receiving AFDC-FC benefits. The bill enacted language with an incorrect citation to state regulations.

Comments

This bill seeks to clarify the list of caregivers eligible for in-home respite services by updating terminology to match current practice and be inclusive of foster care placements with an extended family member or at a tribally approved home. For example, the term “resource family” was not established in law at the time the original in-home respite services provision was chaptered, but is now commonly used. These changes align with the state’s intent to provide in-home respite services to caregivers of “dual agency” children. This also ensures caregivers have access to respite and allows children to remain in their homes, a priority for care in both the child welfare and developmental services systems.

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

According to the Assembly Appropriations Committee analysis, “The Department of Developmental Services (DDS) estimates ongoing costs ranging from $18.6 million ($12.3 million General Fund (GF)) to $30.6 million ($20.3 million GF) annually due to the anticipated increase in authorized in-home respite services. This estimate assumes 25% to 50% of children and youth in foster care who do not currently receive in-home respite services (approximately 1,200 to 2,800 consumers) may begin to request and utilize services as a result of this bill, resulting in an increase in in-home respite expenditures of approximately 2% to 5%.”

“DDS notes it understands the intent of this bill is to clarify existing authority to provide regional center respite services to children in foster care. DDS asserts, because of this understanding, it would likely incur these additional in-home respite expenditures independently of this bill. DDS does not interpret the bill as being a new service or benefit and indicates its cost estimate is a reflection of caseload projections, anticipated with increased uptake due to the clarification of existing law.”

SUPPORT: (8.27.24)

Alliance for Children's Rights
Association of Regional Center Agencies
Aveanna Healthcare
California Alliance of Caregivers
California Community Living Network
California Disability Services Association
Children Now
Children's Law Center of California
County Welfare Directors Association of California
Disability Rights California
Disability Voices United (UNREG)
Educate. Advocate.
Integrated Community Collaborative
John Burton Advocates for Youth
Los Angeles Coalition of Service Providers
Public Counsel
Scdd
Special Needs Network, INC.
The California Respite Association
Western Center on Law & Poverty

OPPOSITION: (Verfied 8/27/24)

None received

ASSEMBLY FLOOR: 77-0, 8/28/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, 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

NO VOTE RECORDED: Cervantes, Ortega

Click here to enter text.

Prepared by: Diana Dominguez / HUMAN S. / (916) 651-1524

8/28/24 22:58:55

**** END ****

SENATE THIRD READING

STR Bill Id:SB 1197

Author:(Alvarado-Gil)

As Amended Ver:August 19, 2024

Majority vote

SUMMARY

Permits children who receive Aid to Families with Dependent Children-Foster Care (AFDC-FC) benefits and regional center services to receive in-home respite services if they are residing with any of the following:

• 1. A relative, or in the case of an Indian child, an extended family member;
  2. A nonrelative extended family member (NREFM);
  3. A resource family;
  4. A tribally approved home;
  5. A foster family home, or,
  6. A small family home or foster family home that is not vendored by the regional center as a residential facility. Further, requires regional centers to assess a small family home for service need, including verification of the small family home's staffing level, through the individual program plan (IPP) process or the individualized family service plan (IFSP) process as applicable, prior to approving in-home respite services for children residing in a licensed small family home.

Major Provisions

COMMENTS

Background: Aid to Families with Dependent Children-Foster Care. The AFDC-FC program uses federal, state, and county funds to provide financial assistance for children who have been placed in foster care. In order to be eligible for AFDC-FC, a child or nonminor dependent (NMD), defined as a foster youth over 18 years of age who satisfies specified criteria, must be placed in an eligible foster care placement, including, but not limited to: the approved home of a relative, NREFM, resource family; a small family home; or a licensed foster family agency for placement into a certified or approved home.

Lanterman Developmental Disabilities Act originally became statute in 1969. The Lanterman Act provides entitlement to services and supports for individuals ages three and older who have a qualifying developmental disability. Qualifying disabilities include autism, epilepsy, cerebral palsy, intellectual disabilities, and other conditions closely related to intellectual disabilities that require similar treatment. To qualify, an individual must have a disability that is substantial that began before 18 years of age, and is expected to be lifelong. There are no income-related eligibility criteria. Direct responsibility for implementation of the Lanterman Act's service system is shared by the Department of Developmental Services (DDS) and a statewide network of 21 regional centers, which are private, community-based nonprofit entities, that contract with DDS to carry out many of the state's responsibilities.

As of August 2023, the 21 regional centers served 459,395 consumers, providing services such as: information and referral; assessment and diagnosis; counseling; lifelong individualized planning and service coordination; purchase of necessary services included in the IPP; resource development; outreach; assistance in finding and using community and other resources; advocacy for the protection of legal, civil and service rights; early intervention services for at-risk infants and their families; genetic counseling; family support; planning, placement, and monitoring for 24-hour out-of-home care; training and educational opportunities for individuals and families; and, community education about developmental disabilities.

In-Home Respite Services. Respite is used to relieve family members from the responsibility of providing care to their loved ones with intellectual and developmental disabilities (I/DD). Respite services offer caregivers time for other activities such as chores, caring for other children, self-care, and resting. Respite services are distinct from day care, which is meant to help caregivers by caring for the child or NMD while going to work, school, or training. The necessity and hours for respite services are determined through the IPP process, with consideration of the consumer and family's needs and preferences. In-home respite services typically include:

1. Assisting the family members to enable a person with I/DD to stay at home;
2. Providing appropriate care and supervision to protect that person's safety in the absence of a family member(s);
3. Relieving family members from the constantly demanding responsibility of providing care; and,
4. Attending to basic self-help needs and other activities that would ordinarily be performed by the family member.

In-home respite services for AFDC-FC recipients and regional center consumers were authorized in 2007 by SB 84 (Committee on Budget and Fiscal Review), Chapter 177, Statutes of 2007. However, as a result of a drafting error, there were reported implementation challenges. Prior to SB 84, only relative caregivers who were unlicensed were eligible for in-home respite care. Non-relatives were ineligible because they were either a licensed or certified residential care facility or foster family home receiving funds from a public agency or regional center for the care and supervision provided.

AB 9 X4 (Evans), Chapter 9, Statutes of 2009-10 Fourth Extraordinary Session, a budget trailer bill, made a series of changes to the developmental services system to enact cost savings. Among these were changes to respite services, including a restriction that limited eligibility for respite services to an unlicensed relative, which was law prior to SB 84. AB 107 (Committee on Budget), Chapter 18, Statues of 2017, a budget trailer bill, repealed the portions of AB 9 X4 related to the restriction on respite. Although this effectively reinstated SB 84, implementation remained a challenge due to the incorrect citation. According to the bill's sponsors, non-relative caregivers who have been resource family-approved have reported being denied access to in-home respite services due to this drafting error.

AB 340 (Hancock), Chapter 464, Statutes of 2007, established the term "resource family" for the purposes of a resource family pilot program to replace various processes for approving foster care placements. The term resource family is now commonly used in the child welfare services system and statute. This bill seeks to remove the incorrect citation and update the list of persons eligible for in-home respite to include a resource family and a caregiver of an NMD, as defined.

According to the Author

"Regional centers provide critical services and supports to individuals with developmental disabilities and their families. Regional centers assist caregivers by providing family support services, such as in-home respite services, that enable individuals to meet their medical and dental, educational, recreational, vocational, social, and emotional needs.

"In California, where there is a strong emphasis on community-based care and inclusion, in-home respite services play a vital role in supporting families in their efforts to care for their loved ones at home.

"However, inconsistencies in the provision of these services for children and youth in foster care exist due to outdated and erroneous information within the law. While some regional centers adhere to the intentions of SB 84, others interpret the law differently, as evidenced through their purchase of services policies. This discrepancy has resulted in eligible families being denied critical services, jeopardizing the stability of these especially vulnerable children and their families while increasing the risk of costly placements for them in residential care facilities.

"This bill will rectify an inaccurate citation in the law and update the language used to describe caregivers to align with current child welfare law. [This bill] will ensure that qualified individuals and their families receive the support to which they are entitled."

Arguments in Support

According to the Co-Sponsors of this bill, Children's Law Center of California, Disability Rights California, and Public Counsel, "[This bill] will further California's goal of providing coordinated, timely, and trauma-informed services to dual system-served youth by clarifying that children and nonminor dependents in foster care are not excluded from in-home respite services provided by regional centers. In-home respite services are simple, yet essential supports provided by regional centers which assist family members to enable a child with developmental disabilities to remain living in the home."

Arguments in Opposition

No opposition on file.

FISCAL COMMENTS

According to the Assembly Appropriations Committee on August 18, 2024, DDS notes the intent of this bill is to clarify existing authority to provide regional center in-home respite services to children in foster care. DDS asserts, because of this understanding, it would likely incur additional in-home respite expenditures independently of this bill. DDS does not interpret the bill as being a new service or benefit and indicates its General Fund cost estimate of $12 million to $20 million annually is a reflection of caseload projections, anticipated with increased uptake due to the clarification of existing law.

VOTES

SENATE FLOOR: 37-0-3

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

ABS, ABST OR NV: Allen, Archuleta, Newman

ASM HUMAN SERVICES: 6-0-1

YES: Lee, Essayli, Calderon, Gipson, Jackson, Ortega

ABS, ABST OR NV: Mathis

ASM APPROPRIATIONS: 11-0-4

YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua

ABS, ABST OR NV: Sanchez, Dixon, Jim Patterson, Ta

UPDATED

VERSION: August 19, 2024

CONSULTANT: Alexandria Smith / HUM. S. / (916) 319-2089 FN: 0004153

Date of Hearing: July 2, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

SBPCA Bill Id:SB 1197

Author:(Alvarado-Gil) – As Amended Ver:April 3, 2024

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

SUMMARY:

This bill specifies children and youth who receive both Aid to Families with Dependent Children-Foster Care (AFDC-FC) benefits and regional center services and who reside with a foster care resource family or, in the case of an Indian child, in a tribal placement, as specified, cannot be prohibited from receiving regional center in-home respite services.

Specifically, this bill:

1. Adds to the list of children who may not be prohibited from receiving in-home respite services, children who receive both AFDC-FC and regional center services and who reside with any of the following:
2. A resource family, as defined in existing law.
3. In the case of an Indian child:
4. An extended family member, as defined in the federal Indian Child Welfare Act (ICWA).
5. A tribally approved home, defined as a home that is licensed or approved by an Indian child’s tribe, or a tribe or tribal organization designated by the Indian child’s tribe, for foster care or adoptive placement of an Indian child using standards established by the child’s tribe pursuant to ICWA.
6. Asserts, for purposes of these provisions, the terms “child” and “children” include nonminor dependents, as defined, and finds this assertion is declaratory of, and clarifies, existing law.

FISCAL EFFECT:

The Department of Developmental Services (DDS) estimates ongoing costs ranging from $18.6 million ($12.3 million General Fund (GF)) to $30.6 million ($20.3 million GF) annually due to the anticipated increase in authorized in-home respite services. This estimate assumes 25% to 50% of children and youth in foster care who do not currently receive in-home respite services (approximately 1,200 to 2,800 consumers) may begin to request and utilize services as a result of this bill, resulting in an increase in in-home respite expenditures of approximately 2% to 5%.

DDS notes it understands the intent of this bill is to clarify existing authority to provide regional center respite services to children in foster care. DDS asserts, because of this understanding, it would likely incur these additional in-home respite expenditures independently of this bill. DDS does not interpret the bill as being a new service or benefit and indicates its cost estimate is a reflection of caseload projections, anticipated with increased uptake due to the clarification of existing law.

COMMENTS:

1. Purpose. The author seeks to provide greater consistency in the provision of in-home respite services through regional centers. According to the author:

Regional centers provide critical services and supports to individuals with developmental disabilities and their families. In California, where there is a strong emphasis on community-based care and inclusion, in-home respite services play a vital role in supporting families in their efforts to care for their loved ones at home. However, inconsistencies in the provision of these services for children and youth in foster care exist due to outdated and erroneous information within the law. This bill will rectify an inaccurate citation in the law and update the language used to describe caregivers to align with current child welfare law.

1. Background. The Lanterman Developmental Disabilities Act (Lanterman Act) entitles to services and supports any individual three years of age and older who has a qualifying developmental disability, including autism, epilepsy, cerebral palsy, intellectual disabilities, and other conditions closely related to intellectual disabilities that require similar treatment. To qualify, an individual must have a substantial disability that began before they reached 18 years of age and is expected to be lifelong. There are no income-related eligibility criteria. Services for an individual with an intellectual or developmental disability are outlined in an individual program plan (IPP), which is developed according to the needs and personal choices of the individual. DDS shares direct responsibility for implementation of the Lanterman Act’s service system with a statewide network of 21 regional centers, which are private, community-based nonprofit entities that contract with DDS to carry out many of the state’s responsibilities. As of August 2023, the 21 regional centers serve 459,395 individuals, referred to as consumers.

Existing law permits regional centers to purchase in-home respite services for regional center clients. Existing law defines in-home respite services as intermittent or regularly scheduled temporary nonmedical care and supervision provided in the client’s own home, for a regional center client who resides with a family member. In-home respite services typically include: assisting caregivers in maintaining the consumer at home, ensuring the consumer’s safe care and supervision in the absence of caregivers, relieving caregivers from the constant responsibility of providing care and supervision, and attending to the consumer’s basic needs and activities normally provided by caregivers. The necessity and hours for respite services are determined through the IPP process, with consideration of the consumer and family’s needs and preferences.

The AFDC-FC program provides monthly financial assistance to foster care providers for children who have been placed in foster care. To be eligible for AFDC-FC, a child or nonminor dependent must be in an eligible foster care placement, including, but not limited to, the approved home of a relative, nonrelative extended family member, or resource family; a small family home; or a licensed foster family agency for placement into a certified or approved home. Existing law defines “resource family” to mean an individual or family that has successfully met both the home environment assessment standards and the permanency assessment criteria, as specified, necessary for providing care for a child placed by a public or private child placement agency by court order, or voluntarily placed by a parent or legal guardian.

Existing law prohibits children who receive both AFDC-FC benefits and regional center services and who reside with a relative, nonrelative extended family member, or in specified community care facilities, including small family homes and foster family homes, as defined, not vendored by the regional center as a residential facility from being prohibited from receiving in-home respite services.

This bill adds children who reside with resource families or in tribally-approved homes to this prohibition. This addition better aligns caregiver language in the Lanterman Act with child welfare law, making clear that children and youth in these foster care placements, who are also regional center consumers, are eligible for in-home respite services through their regional center.

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

Date of Hearing: June 11, 2024

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Alex Lee, Chair

SBPCA Bill Id:SB 1197

Author:(Alvarado-Gil) – As Amended Ver:April 3, 2024

SENATE VOTE: 37-0

SUBJECT: In-home respite services

SUMMARY: Permits children who receive Aid to Families with Dependent Children-Foster Care (AFDC-FC) benefits and regional center services to receive in-home respite services if they are residing with any of the following:

• 1. A relative, or, in the case of an Indian child, an extended family member;
  2. A nonrelative extended family member (NREFM);
  3. A resource family;
  4. A tribally approved home; or,
  5. A small family home or foster family home that is not vendored by the regional center as a residential facility.

EXISTING LAW:

1. Establishes the AFDC-FC program for children under 18 years of age and nonminor dependents (NMDs) meeting specified conditions. (Welfare and Institutions Code [WIC] § 11401, et seq.)
2. Establishes the Lanterman Developmental Disabilities Services Act (Lanterman Act), which states that California is responsible for providing a range of services and supports sufficiently complete to meet the needs and choices of each person with developmental disabilities, regardless of age or degree of disability, and at each stage of life, and to support their integration into the mainstream life of the community. (WIC § 4500, et seq.)
3. Establishes a system of nonprofit regional centers, overseen by the Department of Developmental Services (DDS), to provide fixed points of contact in the community for all persons with developmental disabilities and their families, to coordinate services and supports best suited to them throughout their lifetime. (WIC §4620)
4. Provides that children who receive both AFDC-FC benefits and regional center services who are residing with a relative, NREFM, a foster family home or small family home that is not vendored by the regional center as a residential facility shall not be prohibited from receiving in-home respite services. (WIC §4684)
5. Defines “resource family” to mean an individual or family that has successfully met both the home environment assessment standards and the permanency assessment criteria, as specified, necessary for providing care for a child placed by a public or private child placement agency by court order, or voluntarily placed by a parent or legal guardian. (WIC § 16519.5)
6. Creates a process by which regional centers may “vendorize” service providers, thereby providing a path to contract for services with that provider and ensuring maximum flexibility and availability of appropriate services and supports for persons with developmental disabilities. (WIC § 4648)

FISCAL EFFECT: According to the Senate Appropriations Committee on April 12, 2024, “Unknown ongoing costs to the General Fund due to a potential increase in authorized in-home respite services.”

COMMENTS:

Background: Aid to Families with Dependent Children-Foster Care. The AFDC-FC program uses federal, state, and county funds to provide financial assistance for children who have been placed in foster care. In order to be eligible for AFDC-FC, a child or NMD, defined as a foster youth over 18 years of age who satisfies specified criteria, must be placed in an eligible foster care placement, including, but not limited to: the approved home of a relative, NREFM, resource family; a small family home; or a licensed foster family agency for placement into a certified or approved home.

Lanterman Developmental Disabilities Act originally became statute in 1969. The Lanterman Act provides entitlement to services and supports for individuals ages three and older who have a qualifying developmental disability. Qualifying disabilities include autism, epilepsy, cerebral palsy, intellectual disabilities, and other conditions closely related to intellectual disabilities that require similar treatment. To qualify, an individual must have a disability that is substantial that began before 18 years of age, and is expected to be lifelong. There are no income-related eligibility criteria. Direct responsibility for implementation of the Lanterman Act’s service system is shared by DDS and a statewide network of 21 regional centers, which are private, community-based nonprofit entities, that contract with DDS to carry out many of the state’s responsibilities.

As of August 2023, the 21 regional centers served 459,395 consumers, providing services such as: information and referral; assessment and diagnosis; counseling; lifelong individualized planning and service coordination; purchase of necessary services included in the Individual Program Plan (IPP); resource development; outreach; assistance in finding and using community and other resources; advocacy for the protection of legal, civil and service rights; early intervention services for at-risk infants and their families; genetic counseling; family support; planning, placement, and monitoring for 24-hour out-of-home care; training and educational opportunities for individuals and families; and, community education about developmental disabilities.

In-Home Respite Services. Respite is used to relieve family members from the responsibility of providing care to their loved ones with intellectual and developmental disabilities (I/DD). Respite services offer caregivers time for other activities such as chores, caring for other children, self-care, and resting. Respite services are distinct from day care, which is meant to help caregivers by caring for the child or NMD while going to work, school, or training. The necessity and hours for respite services are determined through the IPP process, with consideration of the consumer and family’s needs and preferences. In-home respite services typically include:

• Assisting the family members to enable a person with I/DD to stay at home;
• Providing appropriate care and supervision to protect that person’s safety in the absence of a family member(s);
• Relieving family members from the constantly demanding responsibility of providing care; and,
• Attending to basic self-help needs and other activities that would ordinarily be performed by the family member.

In-home respite services for AFDC-FC recipients and regional center consumers were authorized in 2007 by SB 84 (Committee on Budget and Fiscal Review), Chapter 177, Statutes of 2007. However, as a result of a drafting error, there were reported implementation challenges. Prior to SB 84, only relative caregivers who were unlicensed were eligible for in-home respite care. Non-relatives were ineligible because they were either a licensed or certified residential care facility or foster family home receiving funds from a public agency or regional center for the care and supervision provided.

AB 9 X4 (Evans), Chapter 9, Statutes of 2009-10 Fourth Extraordinary Session, a budget trailer bill, made a series of changes to the developmental services system to enact cost savings. Among these were changes to respite services, including a restriction that limited eligibility for respite services to an unlicensed relative, which was law prior to SB 84. AB 107 (Committee on Budget), Chapter 18, Statues of 2017, a budget trailer bill, repealed the portions of AB 9 X4 related to the restriction on respite. Although this effectively reinstated SB 84, implementation remained a challenge due to the incorrect citation. According to the bill’s sponsors, non-relative caregivers who have been resource family-approved have reported being denied access to in-home respite services due to this drafting error.

AB 340 (Hancock), Chapter 464, Statutes of 2007, established the term “resource family” for the purposes of a resource family pilot program to replace various processes for approving foster care placements. The term resource family is now commonly used in the child welfare services system and statute. This bill seeks to remove the incorrect citation and update the list of persons eligible for in-home respite to include a resource family and a caregiver of an NMD, as defined.

Author’s Statement: According to the Author, “Regional centers provide critical services and supports to individuals with developmental disabilities and their families. Regional centers assist caregivers by providing family support services, such as in-home respite services, that enable individuals to meet their medical and dental, educational, recreational, vocational, social, and emotional needs.

“In California, where there is a strong emphasis on community-based care and inclusion, in-home respite services play a vital role in supporting families in their efforts to care for their loved ones at home.

“However, inconsistencies in the provision of these services for children and youth in foster care exist due to outdated and erroneous information within the law. While some regional centers adhere to the intentions of SB 84, others interpret the law differently, as evidenced through their purchase of services policies. This discrepancy has resulted in eligible families being denied critical services, jeopardizing the stability of these especially vulnerable children and their families while increasing the risk of costly placements for them in residential care facilities.

“This bill will rectify an inaccurate citation in the law and update the language used to describe caregivers to align with current child welfare law. SB 1197 will ensure that qualified individuals and their families receive the support to which they are entitled."

Equity Implications: The provisions of this bill seek to ensure that caregivers of youth who are both in the foster care system and clients of regional centers have access to in-home respite services. Respite care is an essential resource for caregivers of disabled individuals and provides temporary relief from the responsibilities of caregiving, allowing the caregiver to recover and re-energize. Data indicate that while respite care can reduce caregiver stress and burnout, improve mental health, it can also improve the care recipient’s quality of life. Foster youth and regional center clients are among the most vulnerable populations and it is crucial to remove barriers to accessing services to maintain permanency of foster placements by ensuring the caregivers have appropriate breaks.

RELATED AND PRIOR LEGISLATION:

SB 84 (Committee on Budget and Fiscal Review), Chapter 177, Statutes of 2007, see comments above.

AB 9 X4 (Evans), Chapter 9, Statutes of 2009, see comments above.

AB 340 (Hancock), Chapter 464, Statutes of 2007, see comments above.

REGISTERED SUPPORT / OPPOSITION:

Support

Children's Law Center of California (Co-Sponsor)

Disability Rights California (Co-Sponsor)

Public Counsel (Co-Sponsor)

Association of Regional Center Agencies

California Alliance of Caregivers

California Community Living Network

California Disability Services Association

Children Now

County Welfare Directors Association of California

Disability Voices United (DVU)

Educate. Advocate.

PathPoint

SCDD

The California Respite Association

Western Center on Law & Poverty

Opposition

None on file.

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

 THIRD READING  

Bill No: SB 1197

Author: Alvarado-Gil (D)

Amended: 4/3/24

Vote: 21

SENATE HUMAN SERVICES COMMITTEE: 5-0, 4/1/24

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

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/16/24

AYES: Caballero, Jones, Ashby, Becker, Bradford, Niello, Wahab

SUBJECT: In-home respite services

SOURCE: Children’s Law Center of California

Disability Rights California

Public Counsel

DIGEST:

This bill clarifies and adds to the list of persons that cannot be prohibited from receiving in-home respite services.

ANALYSIS:

Existing Law:

1. Establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program for children under 18 years old and nonminor dependents meeting specified conditions. (WIC 11401, et seq.)
2. Establishes the Lanterman Developmental Disabilities Services Act (Lanterman Act), which states that California is responsible for providing a range of services and supports sufficiently complete to meet the needs and choices of each person with developmental disabilities, regardless of age or degree of disability, and at each stage of life, and to support their integration into the mainstream life of the community. (WIC 4500, et seq.)
3. Establishes a system of nonprofit Regional Centers, overseen by the Department of Developmental Services (DDS), to provide fixed points of contact in the community for all persons with developmental disabilities and their families, to coordinate services and supports best suited to them throughout their lifetime. (WIC 4620)
4. Prohibits children who receive both AFDC-FC benefits and regional center services who are residing with a relative, nonrelative extended family member, or a foster family home or small family home that is not vendored by the regional center as a residential facility from being prohibited from receiving in-home respite services. (WIC 4684)
5. Defines “resource family” to mean an individual or family that has successfully met both the home environment assessment standards and the permanency assessment criteria, as specified, necessary for providing care for a child placed by a public or private child placement agency by court order, or voluntarily placed by a parent or legal guardian. (WIC 16519.5)

This Bill:

1. Adds children who receive both AFDC-FC benefits and regional center services to the list of persons that cannot be prohibited from receiving in-home respite services if they are residing with any of the following:
   1. In the case of an Indian child, an extended family member.
   2. With a resource family.
   3. A tribally approved home.
2. Clarifies that, for the purposes of provisions related to the AFDC-FC, the terms “child” and “children” include a nonminor dependent, as defined.

Purpose of the Bill: According to the author:

“Regional centers provide critical services and supports to individuals with developmental disabilities and their families. Regional centers assist caregivers by providing family support services, such as in-home respite services, that enable individuals to meet their medical and dental, educational, recreational, vocational, social, and emotional needs. In California, where there is a strong emphasis on community-based care and inclusion, in-home respite services play a vital role in supporting families in their efforts to care for their loved ones at home. However, inconsistencies in the provision of these services for children and youth in foster care exist due to outdated and erroneous information within the law. While some regional centers adhere to the intentions of SB 84, others interpret the law differently, as evidenced through their purchase of services policies. This discrepancy has resulted in eligible families being denied critical services, jeopardizing the stability of these especially vulnerable children and their families while increasing the risk of costly placements for them in residential care facilities. This bill will rectify an inaccurate citation in the law and update the language used to describe caregivers to align with current child welfare law. SB 1197 will ensure that qualified individuals and their families receive the support to which they are entitled.”

Aid to Families with Dependent Children-Foster Care (AFDC-FC)

The AFDC-FC program blends federal, state, and county funds to provide financial assistance for children who have been placed in foster care. In order to be eligible for AFDC-FC, a child or nonminor dependent must be placed in an eligible foster care placement, including, but not limited to: the approved home of a relative, nonrelative extended family member, or resource family; a small family home; or a licensed foster family agency for placement into a certified or approved home.

Lanterman Act

In 1969, the Lanterman Act established that individuals with developmental disabilities and their families have a right to receive the necessary supports and services required to live independently in the community. The Lanterman Act enumerates the rights of individuals with developmental disabilities, as well as the rights of their families, what services and supports are available to these individuals, and how regional centers and service providers work together to provide these supports and services. The term “developmental disability” is defined as a disability that originates before a person reaches 18 years of age, is expected to continue indefinitely, and is a significant disability for the individual; such disabilities include, among others: epilepsy, autism spectrum disorder, intellectual disability, and cerebral palsy.

In addition to establishing the rights of individuals, the Lanterman Act also created California’s regional center system, comprised of 21 nonprofit regional centers throughout the state whose primary purpose is to connect individuals with services in the community. Regional centers coordinate a robust array of services and supports for more than 329,000 individuals with developmental disabilities in California.

In-Home Respite Services

In-home respite services are intended to provide temporary care and supervision to a regional center consumer in their own home. In-home respite services are support services which typically include: assisting caregivers in maintaining the consumer at home, ensuring the consumer’s safe care and supervision in the absence of caregivers, relieving caregivers from the constant responsibility of providing care and supervision, and attending to the consumer’s basic needs and activities normally provided by caregivers. Respite services offer caregivers time for other activities such as chores, caring for other children, self-care, and resting. Respite services are distinct from day care, which is meant to help caregivers by caring for the child or nonminor dependent while going to work, school, or training. The necessity and hours for respite services are determined through the Individual Program Plan (IPP) process, with consideration of the consumer and family’s needs and preferences.

SB 84 (Committee on Budget and Fiscal Review, 2007), a budget trailer bill, authorized in-home respite services for relative and non-relative caregivers of children who are both AFDC-FC recipients and regional center consumers, sometimes referred to as “dual agency” children in state guidance. However, SB 84 contained an incorrect citation to Title 22 of the California Code of Regulations, instead of the applicable Title 17, resulting in challenges with implementation. Prior to SB 84, only relative caregivers who were unlicensed were eligible for in-home respite care. Non-relatives were ineligible because they were either a licensed or certified residential care facility or foster family home receiving funds from a public agency or regional center for the care and supervision provided.

AB 9 X4 (Evans, 2009), a budget trailer bill, made a series of changes to the developmental services system to enact cost savings. Among these were changes to respite services, including a restriction that limited eligibility for respite services to an unlicensed relative, which was law prior to SB 84. AB 107 (Committee on Budget, 2017), a budget trailer bill, repealed the portions of AB 9 X4 related to the restriction on respite. Although this effectively reinstated SB 84, implementation remained a challenge due to the incorrect citation. According to the bill sponsors, non-relative caregivers who have been resource family approved have reported being denied access to in-home respite services due to this drafting error.

AB 340 (Hancock, 2007) established the term “resource family” for the purposes of a resource family pilot program to replace various processes for approving foster care placements. The term resource family is now commonly used in the child welfare services system and statute. This bill seeks to remove the incorrect citation and update the list of persons eligible for in-home respite to include a resource family and a caregiver of a non-minor dependent, as defined.

Related/Prior Legislation:

AB 107 (Committee on Budget, Chapter 18, Statutes of 2017), a budget trailer bill, repealed portions of AB 9 X4 (Evans, 2009) related to the restriction on eligibility for respite services, among other changes.

AB 9 X4 (Evans, Chapter 9, Statutes of 2009), a budget trailer bill, limited eligibility for respite services to a family member who is not licensed, among other changes.

AB 340 (Hancock, Chapter 464, Statutes of 2007) established the resource family pilot program and defined “resource family” in statute, among other things.

SB 84 (Committee on Budget and Fiscal Review, Chapter 177, Statutes of 2007), a budget trailer bill, authorized in-home respite services for relative and non-relative caregivers of children receiving AFDC-FC benefits. The bill enacted language with an incorrect citation to state regulations.

Comments: This bill seeks to clarify the list of caregivers eligible for in-home respite services by updating terminology to match current practice and be inclusive of foster care placements with an extended family member or at a tribally approved home. For example, the term “resource family” was not established in law at the time the original in-home respite services provision was chaptered, but is now commonly used. These changes align with the state’s intent to provide in-home respite services to caregivers of “dual agency” children. This also ensures caregivers have access to respite and allows children to remain in their homes, a priority for care in both the child welfare and developmental services systems.

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

According to Senate Appropriations Committee:

Unknown ongoing costs to the General Fund due to a potential increase in authorized in-home respite services.

SUPPORT:

Children's Law Center of California (Co-Sponsor)

Disability Rights California (Co-Sponsor)

Public Counsel (Co-Sponsor)

Alliance for Children's Rights
Association of Regional Center Agencies
Aveanna Healthcare
California Alliance of Caregivers
California Community Living Network
California Disability Services Association
Children Now
County Welfare Directors Association of California
Disability Voices United (UNREG)
Educate. Advocate.
Integrated Community Collaborative
John Burton Advocates for Youth
Los Angeles Coalition of Service Providers
Scdd
Special Needs Network, INC.
The California Respite Association
Western Center on Law & Poverty

OPPOSITION:

None received

Prepared by: Diana Dominguez / HUMAN S. / (916) 651-1524

5/17/24 12:27:21

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

SB 1197 (Alvarado-Gil) - In-home respite services

Bill Summary:

SB 1197 would add children who are recipients of Aid to Families with Dependent Children-Foster Care (AFDC-FC) and regional center services who reside in foster care resource families or tribal placements, as specified, to the list of children who cannot be prohibited from receiving in-home respite services through regional centers.

Fiscal Impact:

Unknown, ongoing costs (General Fund), due to a potential increase in authorized in-home respite services.

Background:

In 1969, the Lanterman Act established that individuals with developmental disabilities and their families have a right to receive the necessary supports and services required to live independently in the community. The Lanterman Act enumerates the rights of individuals with developmental disabilities, as well as the rights of their families, what services and supports are available to these individuals, and how regional centers and service providers work together to provide these supports and services. The term “developmental disability” is defined as a disability that originates before a person reaches 18 years of age, is expected to continue indefinitely, and is a significant disability for the individual; such disabilities include, among others: epilepsy, autism spectrum disorder, intellectual disability, and cerebral palsy.

In addition to establishing the rights of individuals, the Lanterman Act also created California’s regional center system, comprised of 21 nonprofit regional centers throughout the state whose primary purpose is to connect individuals with services in the community. Services for individuals with intellectual and developmental disabilities are outlined in an individual program plan (IPP), which is developed according to the needs and personal choices of the individual.

In-home respite services are intended to provide temporary care and supervision to a regional center consumer in their own home. In-home respite services are support services which typically include: assisting caregivers in maintaining the consumer at home, ensuring the consumer’s safe care and supervision in the absence of caregivers, relieving caregivers from the constant responsibility of providing care and supervision, and attending to the consumer’s basic needs and activities normally provided by caregivers. The necessity and hours for respite services are determined through the IPP process, with consideration of the consumer and family’s needs and preferences.

The AFDC-FC program provides financial assistance for children who have been placed in foster care. In order to be eligible for AFDC-FC, a child or nonminor dependent must be placed in an eligible foster care placement, including, but not limited to: the approved home of a relative, nonrelative extended family member, or resource family; a small family home; or a licensed foster family agency for placement into a certified or approved home. Current law defines “resource family” to mean an individual or family that has successfully met both the home environment assessment standards and the permanency assessment criteria, as specified, necessary for providing care for a child placed by a public or private child placement agency by court order, or voluntarily placed by a parent or legal guardian.

Current law prohibits children who receive both AFDC-FC benefits and regional center services who are residing with a relative, nonrelative extended family member, or a foster family home or small family home that is not vendored by the regional center as a residential facility from being prohibited from receiving in-home respite services.

Proposed Law:

SB 1197 would add children who are recipients of AFDC-FC and regional center services who reside in foster care resource families or tribal placements, as specified, to the list of children who cannot be prohibited from receiving in-home respite services through regional centers.

-- END --

SENATE COMMITTEE ON HUMAN SERVICES

Senator Alvarado-Gil, Chair

2023 - 2024 Regular

Subject: In-home respite services: resource families

SUMMARY

This bill adds nonminor dependents and children who receive both Aid to Families with Dependent Children-Foster Care (AFDC-FC) benefits and regional center services and who reside with a resource family to the list of persons that cannot be prohibited from receiving in-home respite services.

ABSTRACT

Existing Law:

1. Establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program for children under 18 years old and nonminor dependents meeting specified conditions. (WIC 11401, et seq.)
   
2. Establishes the Lanterman Developmental Disabilities Services Act (Lanterman Act), which states that California is responsible for providing a range of services and supports sufficiently complete to meet the needs and choices of each person with developmental disabilities, regardless of age or degree of disability, and at each stage of life, and to support their integration into the mainstream life of the community. (WIC 4500, et seq.)
   
3. Establishes a system of nonprofit Regional Centers, overseen by the Department of Developmental Services (DDS), to provide fixed points of contact in the community for all persons with developmental disabilities and their families, to coordinate services and supports best suited to them throughout their lifetime. (WIC 4620)
   
4. Prohibits children who receive both AFDC-FC benefits and regional center services who are residing with a relative, nonrelative extended family member, or a foster family home or small family home that is not vendored by the regional center as a residential facility from being prohibited from receiving in-home respite services. (WIC 4684)
   
5. Defines “resource family” to mean an individual or family that has successfully met both the home environment assessment standards and the permanency assessment criteria, as specified, necessary for providing care for a child placed by a public or private child placement agency by court order, or voluntarily placed by a parent or legal guardian. (WIC 16519.5)

This Bill:

1. Adds children who receive both AFDC-FC benefits and regional center services who are residing with a resource family to the list of persons that cannot be prohibited from receiving in-home respite services.
   
2. Clarifies that, for the purposes of provisions related to the AFDC-FC, the terms “child” and “children” include a nonminor dependent, as defined.

FISCAL IMPACT

This bill has not yet been analyzed by a fiscal committee.

BACKGROUND AND DISCUSSION

Purpose of the Bill:

According to the author, “Regional centers provide critical services and supports to individuals with developmental disabilities and their families. Regional centers assist caregivers by providing family support services, such as in-home respite services, that enable individuals to meet their medical and dental, educational, recreational, vocational, social, and emotional needs.

The author continues, “In California, where there is a strong emphasis on community-based care and inclusion, in-home respite services play a vital role in supporting families in their efforts to care for their loved ones at home. However, inconsistencies in the provision of these services for children and youth in foster care exist due to outdated and erroneous information within the law. While some regional centers adhere to the intentions of SB 84, others interpret the law differently, as evidenced through their purchase of services policies. This discrepancy has resulted in eligible families being denied critical services, jeopardizing the stability of these especially vulnerable children and their families while increasing the risk of costly placements for them in residential care facilities.”

The author further states, “This bill will rectify an inaccurate citation in the law and update the language used to describe caregivers to align with current child welfare law. SB 1197 will ensure that qualified individuals and their families receive the support to which they are entitled.”

Aid to Families with Dependent Children-Foster Care (AFDC-FC)

The AFDC-FC program blends federal, state, and county funds to provide financial assistance for children who have been placed in foster care. In order to be eligible for AFDC-FC, a child or nonminor dependent must be placed in an eligible foster care placement, including, but not limited to: the approved home of a relative, nonrelative extended family member, or resource family; a small family home; or a licensed foster family agency for placement into a certified or approved home.

Lanterman Act

In 1969, the Lanterman Act established that individuals with developmental disabilities and their families have a right to receive the necessary supports and services required to live independently in the community. The Lanterman Act enumerates the rights of individuals with developmental disabilities, as well as the rights of their families, what services and supports are available to these individuals, and how regional centers and service providers work together to provide these supports and services. The term “developmental disability” is defined as a disability that originates before a person reaches 18 years of age, is expected to continue indefinitely, and is a significant disability for the individual; such disabilities include, among others: epilepsy, autism spectrum disorder, intellectual disability, and cerebral palsy.

In addition to establishing the rights of individuals, the Lanterman Act also created California’s regional center system, comprised of 21 nonprofit regional centers throughout the state whose primary purpose is to connect individuals with services in the community. Regional centers coordinate a robust array of services and supports for more than 329,000 individuals with developmental disabilities in California.

In-Home Respite Services

In-home respite services are intended to provide temporary care and supervision to a regional center consumer in their own home. In-home respite services are support services which typically include: assisting caregivers in maintaining the consumer at home, ensuring the consumer’s safe care and supervision in the absence of caregivers, relieving caregivers from the constant responsibility of providing care and supervision, and attending to the consumer’s basic needs and activities normally provided by caregivers. Respite services offer caregivers time for other activities such as chores, caring for other children, self-care, and resting. Respite services are distinct from day care, which is meant to help caregivers by caring for the child or nonminor dependent while going to work, school, or training. The necessity and hours for respite services are determined through the Individual Program Plan (IPP) process, with consideration of the consumer and family’s needs and preferences.

SB 84 (Committee on Budget and Fiscal Review, 2007), a budget trailer bill, authorized in-home respite services for relative and non-relative caregivers of children who are both AFDC-FC recipients and regional center consumers, sometimes referred to as “dual agency” children in state guidance. However, SB 84 contained an incorrect citation to Title 22 of the California Code of Regulations, instead of the applicable Title 17, resulting in challenges with implementation. Prior to SB 84, only relative caregivers who were unlicensed were eligible for in-home respite care. Non-relatives were ineligible because they were either a licensed or certified residential care facility or foster family home receiving funds from a public agency or regional center for the care and supervision provided.^[1]

AB 9 X4 (Evans, 2009), a budget trailer bill, made a series of changes to the developmental services system to enact cost savings. Among these were changes to respite services, including a restriction that limited eligibility for respite services to an unlicensed relative, which was law prior to SB 84. AB 107 (Committee on Budget, 2017), a budget trailer bill, repealed the portions of AB 9 X4 related to the restriction on respite. Although this effectively reinstated SB 84, implementation remained a challenge due to the incorrect citation. According to the bill sponsors, non-relative caregivers who have been resource family approved have reported being denied access to in-home respite services due to this drafting error.

AB 340 (Hancock, 2007) established the term “resource family” for the purposes of a resource family pilot program to replace various processes for approving foster care placements. The term resource family is now commonly used in the child welfare services system and statute. This bill seeks to remove the incorrect citation and update the list of persons eligible for in-home respite to include a resource family and a caregiver of a non-minor dependent, as defined.

Related/Prior Legislation:

AB 107 (Committee on Budget, Chapter 18, Statutes of 2017), a budget trailer bill, repealed portions of AB 9 X4 (Evans, 2009) related to the restriction on eligibility for respite services, among other changes.

AB 9 X4 (Evans, Chapter 9, Statutes of 2009), a budget trailer bill, limited eligibility for respite services to a family member who is not licensed, among other changes.

AB 340 (Hancock, Chapter 464, Statutes of 2007) established the resource family pilot program and defined “resource family” in statute, among other things.

SB 84 (Committee on Budget and Fiscal Review, Chapter 177, Statutes of 2007), a budget trailer bill, authorized in-home respite services for relative and non-relative caregivers of children receiving AFDC-FC benefits. The bill enacted language with an incorrect citation to state regulations.

COMMENTS

This bill seeks to clarify the list of caregivers eligible for in-home respite services by updating terminology to match current practice. The term “resource family” was not established in law at the time the original in-home respite services provision was chaptered, but is now commonly used. These changes align with the state’s intent to provide in-home respite services to caregivers of “dual agency” children. This also ensures caregivers have access to respite and allows children to remain in their homes, a priority for care in both the child welfare and developmental services system.

Proposed Amendments: The author has offered amendments to add language to be inclusive of foster care placements with an extended family member for an Indian child, or at a tribally approved home, and add standard language relating to costs incurred by counties.

SECTION 1. Section 4684 of the Welfare and Institutions Code is amended to read:

4684.

(d) (1) For purposes of this section, children who are recipients of AFDC-FC and regional center services shall not be prohibited from receiving in-home respite services, as defined in subdivision (a) of Section 4690.2, if they are residing with any of the following:

(A) A relative pursuant to relative, as defined in paragraph (2) of subdivision (h) of Section 319. 319, or, in the case of an Indian child, an extended family member, as defined in subdivision (c) of Section 224.1.

(B) A nonrelative extended family member pursuant to member, as defined in Section 362.7

(C) A resource family, as defined in paragraph (1) of subdivision (c) of Section 16519.5.

(D) A tribally approved home, as defined in subdivision (r) of Section 224.1.

(D) (E) A foster family home, as defined in paragraph (5) of subdivision (a) of Section 1502 of the Health and Safety Code, that is not vendored by the regional center as a residential facility.

(E) (F) A small family home, as defined in paragraph (6) of subdivision (a) of Section 1502 of the Health and Safety Code, that is not vendored by the regional center as a residential facility.

SEC. 2. To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIII B of the California Constitution.

POSITIONS

Support:

Children’s Law Center of California (Co-Sponsor)

Public Counsel (Co-Sponsor)

Alliance for Children's Rights

Association of Regional Center Agencies

Aveanna Healthcare

California Alliance of Caregivers

Children Now

County Welfare Directors Association of California

Disability Rights California

Disability Voices United (UNREG)

Educate. Advocate.

Integrated Community Collaborative

John Burton Advocates for Youth

Los Angeles Coalition of Service Providers

SCDD

The California Respite Association

Western Center on Law & Poverty

Oppose:

None

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1. DDS Letter to Regional Center Directors, June 1, 1998 ↑