Assembly Bill No. 153 Public Social Services (Approved on July 16, 2021)

This assembly bill was introduced by Assembly Member Ting on January 8, 2021. The Lanterman Developmental Disabilities Services Act mandates that the State Department of Developmental Services engage in contracts with regional centers to deliver services and assistance to individuals with developmental disabilities and their families. In order to optimize federal financial support and expedite the timely placement of foster care consumers into residential facilities, the proposed legislation would mandate the department to establish interagency agreements. These agreements would involve securing state and federal funding from the relevant state departments responsible for serving the general public and receiving public funds for such services.

The bill would also necessitate regional centers to financially support specific vendored residential service types, as outlined in the legislation. The current legislation establishes the Interstate Compact on the Placement of Children, outlining the regulations for situating children in out-of-state group homes. According to the existing law, the State Department of Social Services is designated as the Compact Administrator for the state. The legislation places minors aged 12 to 17, who violate federal, state, or local laws, under the jurisdiction of the juvenile court. Additionally, minors under 12 alleged to have committed specific serious offenses are subject to the same jurisdiction. While the law generally prohibits placing a ward outside the state, it allows the court to do so under the compact if equivalent facilities are unavailable in the state or if out-of-state institutional care is deemed in the child's best interest without causing undue hardship.

This legislation broadly forbids the placement of foster youth, nonminor dependents, and court wards in out-of-state residential facilities starting from July 1, 2021. Exceptions are allowed for placements before July 1, 2022, provided certain conditions are met, including certification by the State Department of Social Services or exemption from such certification. After July 1, 2022, the bill prohibits the certification of new out-of-state residential facilities by the department and the approval of new placements by county child welfare agencies or probation departments in such facilities. County child welfare agencies are barred from placing a child in an out-of-state residential facility unless specific criteria are satisfied, and the agency fulfills designated tasks to obtain child-specific certification for the facility. The bill imposes new responsibilities on counties, constituting a state-mandated local program. By January 1, 2023, the department is required to decertify all out-of-state residential facilities and ensure the return of all children and youth to California. The legislation outlines the department's duties as Compact Administrator in reviewing child-specific certifications for out-of-state residential placements. Reporting obligations are also established, requiring the department to disclose the number of children placed out of state under the compact, with regular updates and additional data reporting starting from specified dates. Conforming changes are included in the bill.

The current legislation expresses the Legislature's intention to enhance California's child welfare system and its outcomes by promoting the use of home-based family care and expediting paths to permanency, thereby reducing the duration of involvement in the child welfare and juvenile justice systems. Foster youth are currently permitted to be placed in a short-term residential therapeutic program based on a determination by an interagency placement committee. This determination hinges on specific criteria, including the assessment of the youth as seriously emotionally disturbed or having individual behavioral or treatment needs that can only be addressed through the level of care provided in a short-term residential therapeutic program. Furthermore, existing law establishes intensive services foster care program designed to deliver specialized services tailored to the needs of children, encompassing behavioral and specialized health care requirements.

This legislation mandates that the State Department of Social Services, in collaboration with the State Department of Health Care Services, establish the Children's Crisis Continuum Pilot Program. The program aims to develop necessary treatment options to uphold California's commitment to eliminating the placement of foster youth with complex needs in out-of-state facilities. The department is tasked with formulating guidelines for foster youth eligibility, as well as the selection, operation, and evaluation of the 5-year pilot. These guidelines encompass various aspects of the pilot's structure. The State Department of Social Services, in conjunction with the State Department of Health Care Services, is further required to undertake specific actions, such as offering technical assistance to applicants and participating entities, granting funds to participating entities, and creating a request for proposal process with selection criteria to determine pilot program participants. The selection criteria must include components like the submission of a plan by an applicant. Proposals are mandated to be submitted by January 31, 2022, with grant funds disbursed by March 31, 2022. Participating entities must collaborate with a workgroup to develop a highly integrated continuum of care for foster youth served in the pilot program. This continuum of care, spanning all service settings, must embody core program features and service approaches, including highly individualized and trauma-informed services.

The legislation expresses the Legislature's intent to allocate funds to the State Department of Social Services for administering a grant program to provide funding to participating entities throughout the pilot program's duration. The department is required to submit an interim report on the pilot program to the Assembly Committee on Human Services and the Senate Committees on Human Services three years after its commencement, no later than April 1, 2025. The bill permits the implementation of the pilot program through all-county letters or similar instructions, with any guidance issued under this authorization due by March 1, 2022. Current legislation mandates the Secretary of California Health and Human Services and the Superintendent of Public Instruction to establish a joint interagency resolution team. This team, comprised of representatives from designated state departments, is primarily tasked with developing guidance and offering support and technical assistance to counties concerning children and youth, along with specified memoranda of understanding. The legislation, as of January 1, 2020, required the team to scrutinize the placement and service options available to county child welfare agencies and county probation departments for these children and youth. Subsequently, the team is obligated to formulate and submit recommendations to the Legislature, addressing identified gaps in placement, necessary services, and the establishment of a centralized process for services, as outlined in the legislation.

This proposed legislation would mandate the joint interagency resolution team to update its review and submit recommendations to the Legislature by December 31, 2022. These recommendations should consider the specific needs and characteristics of youth who experience unplanned discharges from short-term residential therapeutic programs and those for whom counties encounter challenges in securing placements and providing trauma-informed services, as outlined in the legislation. Furthermore, the bill would require the joint interagency resolution team to monitor and disclose deidentified information about children and nonminor dependents in foster care who have received assistance in preserving or obtaining new intensive therapeutic options. This information should be made available on the internet website of the California Health and Human Services Agency starting from July 1, 2022, and on an annual basis thereafter. The current legislation mandates the State Department of Social Services to offer technical assistance to support and streamline the county placement agency's assessment of placement requirements and the establishment of essential placement resources and programs. Additionally, county placement agencies are obligated to conduct an evaluation of their placement resources and programs concerning the needs of children and nonminor dependents placed in out-of-home care.

This legislation would necessitate the department to distribute designated funds, as outlined in the 2021 Budget Act, through contracts with community-based providers or entities. Alternatively, the funds may be allocated through local assistance to counties or Indian tribes. These allocations should support the implementation of new or expanded programs, services, and practices aimed at ensuring a high-quality continuum of care designed to facilitate the support of foster children in the least restrictive setting. Additionally, the bill mandates the department to use the allocated funds to enhance county initiatives in building system capacity, specifically for activities such as specialized models of professional foster care. The current legislation necessitates each county to, at its discretion, formulate a county plan for wraparound services as outlined in the law. Additionally, existing law mandates the State Department of Social Services to pursue federal approval relevant to enabling the maximum number of children receiving wraparound services to be eligible for federal financial participation. The department is further required to amend any pertinent state regulations to remove any constraints on the participation numbers in these programs, as deemed necessary.

This proposed legislation would also mandate the State Department of Social Services and the State Department of Health Care Services, in collaboration with county representatives and other stakeholders, to formulate recommendations for the implementation and expansion of high-fidelity wraparound services throughout the entire state. The current legislation mandates a county social worker to establish a case plan for foster youth within a specified timeframe following the child's entry into the foster care system. This case plan is required to encompass designated components, including, among other things, verification that certain youth and nonminor dependents have received comprehensive sexual health education as specified. Additionally, the case plan must indicate that the youth or nonminor dependent has been informed about various aspects of reproductive and sexual health care. Moreover, the existing law necessitates the case plan to specify the individuals responsible for aiding the child or nonminor dependent in applying for postsecondary education and related financial aid. This obligation stands unless the child or nonminor dependent expresses a lack of interest in pursuing postsecondary education, including career or technical education.

This proposed legislation would compel a county social worker or probation officer to incorporate, in specific reports submitted to the juvenile court, a factual discussion concerning whether the youth or nonminor dependent has received comprehensive sexual health education and whether they have been apprised of topics related to reproductive and sexual health care. Furthermore, the bill would necessitate the inclusion, in these reports, of the identity of the individuals responsible for aiding the child or nonminor dependent with applications for postsecondary education and related financial assistance, as specified. The juvenile court would then be tasked with determining whether the social worker has fulfilled these responsibilities. Additionally, the bill requires the Judicial Council, by January 1, 2023, to revise and adopt rules of court and develop necessary forms to implement these provisions. Given the imposition of extra duties on county social workers and probation officers, this bill would establish a state-mandated local program.

The current legislation institutes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, wherein counties extend payments to foster care providers in support of eligible children in foster care. A predetermined schedule of basic rates is established by existing law to cover the expenses associated with the care and supervision of each foster child. Additionally, the legislation introduces the Kinship Guardianship Assistance Payment Program (Kin-GAP), offering aid on behalf of qualifying children placed in the homes of relative caretakers. In situations where a child resides with a parent receiving AFDC-FC or Kin-GAP benefits, existing law mandates an additional amount, known as an infant supplement, to be included in the rate paid to the foster care provider for the care and supervision of the child. The proposed legislation would render a pregnant minor or nonminor dependent eligible for the infant supplement during a designated period before the anticipated date of birth, according to specified terms. The bill would also mandate the department to establish and execute automated payments for this purpose, following specified guidelines. As these extended benefits would be administered by counties, the bill would impose a state-mandated local program.

The current legislation creates the Approved Relative Caregiver Funding Program with the objective of ensuring that the payment amount to approved relative caregivers, offering in-home care for children and nonminor dependents ineligible for Aid to Families with Dependent Children-Foster Care (AFDC-FC) payments, matches the amount paid on behalf of those eligible for AFDC-FC payments. According to existing law, an approved relative caregiver payment may be granted for a child or nonminor dependent meeting specific criteria, including residency in California. The proposed legislation would prolong the qualification for payments within the Approved Relative Caregiver Funding Program for a child or nonminor dependent placed outside the state, residing in the home of a relative. This extension is contingent on the child or nonminor dependent being ineligible for AFDC-FC payments and meeting established eligibility criteria, as outlined in the legislation. Additionally, the bill mandates that the out-of-state relative's home must be licensed or approved in accordance with the requirements of the state where the home is situated.

The bill, in imposing new responsibilities on counties, would establish a state-mandated local program. The current legislation allows for the temporary or emergency placement of dependent children of the juvenile court and nonminor dependents with either relative caregivers or nonrelative extended family members under specific conditions. In accordance with existing law, counties are obligated to provide a specified payment to an emergency caregiver, contingent on the completion of an application for resource family approval and an application for the Emergency Assistance Program. These payments are sourced from Emergency Assistance Program funds within the state's Temporary Assistance for Needy Families (TANF) block grant, with the county being exclusively responsible for the nonfederal share of the cost, as specified. As of the 2021–22 fiscal year and every subsequent fiscal year, these payments become ineligible for the federal or state share of payment upon the approval or denial of the resource family application or after 90 days, whichever occurs first. The legislation further requires the department to consider extending the mandated payments beyond 90 days if the resource family approval process cannot be completed within that timeframe due to circumstances beyond a county's control.

This proposed legislation would modify the commencement of the time limits, initially set for the 2021–22 fiscal year, to instead take effect starting in the 2022–23 fiscal year. Specifically, for the 2021–22 fiscal year, the bill would allow these payments to be eligible for the federal and state share of payment until the approval or denial of the resource family application or for a maximum of 120 days, whichever occurs first. Moreover, the legislation would authorize an extension of eligibility for the federal and state share of payment for up to 365 days if certain conditions are met by the county. These conditions include the submission of monthly documentation demonstrating good cause for the delay in approving the resource family application, which is beyond the county's control. The current legislation mandates the State Department of Social Services to formulate a payment system for foster family agencies offering treatment, intensive treatment, and therapeutic foster care programs. From January 1, 2017, existing law requires the department to set interim rates, effective until December 31, 2021, following specified guidelines. Commencing July 1, 2019, the rates for foster family agencies, excluding certified family homes or resource family agencies, are required to be 4.15% higher than the rates in the 2018–19 fiscal year. However, this rate increase is suspended on December 31, 2021, unless specific conditions are met. The legislation also articulates the Legislature's intention to establish an ongoing payment structure no later than January 1, 2022. The proposed legislation seeks to prolong the interim rates until December 31, 2022. Additionally, it calls for the elimination of the suspension of the previously mentioned rate increase. Effective July 1, 2021, the bill proposes an augmentation of $50 per child, per month, for the social worker component within the interim rates. Rather than establishing a concrete deadline, the legislation would express the Legislature's intent to develop an ongoing payment structure no later than January 1, 2023.

The implementation of this payment structure is contingent upon the department notifying the Legislature that the statewide automation systems can fulfill the necessary automation functions, as delineated in the legislation. The current legislation sets up a child welfare public health nursing early intervention program specifically in the County of Los Angeles. However, existing law places a suspension on this program, effective December 31, 2021, unless the Department of Finance reaches a specific determination concerning General Fund revenues and expenditures. This proposed legislation would revoke the conditional suspension, thereby providing an indefinite extension to the child welfare public health nursing early intervention program in the County of Los Angeles. The current legislation mandates the State Department of Social Services to institute a statewide hotline as the initial contact point for a Family Urgent Response System, defined as a system to address calls from caregivers or current/former foster children or youth during moments of instability. County child welfare, probation, and behavioral health agencies are also required, in each county or region of counties, to establish a collaborative county-based mobile response system. This system encompasses a mobile response and stabilization team aimed at offering supportive services, particularly addressing instances of instability, preserving caregiver-child/youth relationships, and stabilizing situations. However, these provisions are temporarily suspended as of December 31, 2021, pending a specific determination by the Department of Finance regarding General Fund revenues and expenditures.

This proposed legislation would remove the conditional suspension, ensuring the indefinite operability of these provisions. As it mandates counties to perpetually implement county-based mobile response systems, the bill would consequently establish a state-mandated local program. The current legislation mandates the State Department of Social Services to oversee the California Work Opportunity and Responsibility to Kids (CalWORKs) program. This program entails each county delivering cash assistance and additional benefits to eligible low-income families and individuals. Furthermore, the State Department of Social Services is responsible for administering the CalFresh program, wherein each county distributes supplemental nutrition assistance benefits allocated to the state by the federal government to eligible individuals. This bill, contingent on an appropriation specified in the annual Budget Act, directs the Department of Social Services to administer the California Guaranteed Income Pilot Program. This program aims to provide grants to eligible entities for implementing pilot initiatives that offer a guaranteed income to participants.

The department is mandated to prioritize funding for projects benefiting California residents aging out of the extended foster care program and pregnant individuals. The bill also tasks the department, in consultation with relevant stakeholders, with determining the methodology and distribution of these grants, subject to specific requirements. To be eligible for a grant, entities must undertake defined actions, including securing commitments of additional non-governmental funding for the pilot programs. Payments received by individuals from these pilot programs are exempted from being considered as income or resources for determining eligibility or benefits under any state or local assistance program. The bill further requires departments overseeing certain federal benefit or assistance programs to seek exemptions or waivers to exclude guaranteed income payments from consideration. Upon allocation of funding, the department must report to the Legislature and publicly disclose information about the funded grants. The department is also tasked with reviewing and evaluating the pilot programs, submitting a report to the Legislature, and posting it on its website. The bill provides exemptions from specified contracting requirements and allows the department to implement the program without regulatory action. These provisions are set to become inoperative on July 1, 2026, and are repealed on January 1, 2027. Until regulations are adopted by July 1, 2024, the State Department of Social Services and the State Department of Health Care Services are authorized to implement, interpret, or specify the provisions through various written instructions. Regarding reimbursement, the bill asserts that no reimbursement is required for specified reasons and defers to the Commission on State Mandates to determine reimbursement for other mandates if applicable.

The current legislation mandates the State Department of Social Services, contingent on funds appropriated in the annual Budget Act, to oversee the California Newcomer Education and Well-Being (CalNEW) Program. This program is designed to offer services to refugees, unaccompanied undocumented minors, and immigrant families. Additionally, existing law obligates the department to distribute funding to school districts with notable numbers of refugee pupils, unaccompanied undocumented minors, or a substantial population of English learner pupils. This bill, pertaining to the fiscal year 2020–21, proposes a $5,000,000 appropriation from the General Fund to the State Department of Social Services. The purpose of this allocation is to administer the CalNEW Program by distributing funds to school districts that have a substantial number of eligible refugee pupils. The aim is to enhance their well-being, English language proficiency, and academic performance. The funds allocated through this bill would be available for obligation and expenditure until June 30, 2024. Additionally, the funds provided by this bill would contribute to meeting the minimum funding requirements for school districts and community college districts as mandated by Section 8 of Article XVI of the California Constitution. The bill asserts its immediate effect, functioning as an appropriation-related measure tied to the Budget Bill.