BILL ANALYSIS SENATE HEALTH AND HUMAN SERVICES COMMITTEE ANALYSIS Senator Deborah V. Ortiz, Chair BILL NO: AB 2514 A AUTHOR: Bates B AMENDED: June 4, 2002 HEARING DATE: June 19, 2002 2 FISCAL: Appropriations 5 1 CONSULTANT: 4 Margolis/ ak SUBJECT Substance abuse review committee: child welfare programs SUMMARY This bill requires the Department of Social Services (DSS), in consultation with the Department of Alcohol and Drug Programs (DADP), to establish a joint committee to study issues relating to substance abuse in families in child welfare programs. ABSTRACT Existing law: 1.Establishes within DSS an Office of Child Abuse Prevention (Office). States legislative intent that the Office plan, improve, develop, and carry out programs and activities relating to the prevention, identification and treatment of child abuse and neglect. 2.Requires the Office to develop plans to fulfill the requirements of any federal act providing for the establishment and maintenance of pilot projects for the prevention, identification, and treatment of child abuse to facilitate the receipt and allocation of federal funds Continued--- STAFF ANALYSIS OF ASSEMBLY BILL 2514 (Bates) Page 2 for planning, research, demonstration and special project grants. 3.States legislative intent to fund child abuse prevention coordination councils in each county. Requires these councils to have specified functions, including providing a forum for interagency cooperation and coordination in the prevention, detection, treatment, and legal processing of child abuse cases. This bill: 1. Requires DSS, in consultation with DADP, to establish a joint committee (committee) to study issues relating to substance abuse in families in child welfare programs. 2. Requires the committee to be co-chaired by the Directors of DSS and DADP, or their designees. 3. Requires members of the committee to be appointed by the co-chairpersons, and to include all of the following: a. A representative of the County Welfare Directors Association of California; b. A representative of the County Alcohol and Drug Program Administrators Association of California; c. A child welfare expert and a drug abuse expert from the University of California d. A representative of the Judicial Council of California; e. A representative of consumers of substance abuse services; and, f. A representative of any other entity the committee deems advisable. 1. Requires the committee to develop a plan that includes measurable milestones to address issues of substance abuse facing families in child welfare programs, and submit it to the Legislature and the Governor no later than January 1, 2004. FISCAL IMPACT The Assembly Appropriations Committee states that the bill Continued--- STAFF ANALYSIS OF ASSEMBLY BILL 2514 (Bates) Page 3 would result in minor costs associated with staffing the committee. The bill requires that implementation be done within existing resources. BACKGROUND AND DISCUSSION There is a high correlation between substance abuse and child abuse and neglect. Caseload studies have documented that between 40% and 70% of the families entering the child welfare system face substance abuse problems. At the county level, several different kinds of innovative practices have been developed, including out-stationing substance abuse counselors in child welfare agencies, and joint training of child welfare and treatment agency staff. A study by the National Center on Addiction and Substance Abuse (CASA), at Columbia University, in 1999 entitled, "No Safe Haven: Children of Substance-Abusing Parents," states that from 1986 to 1997, the number of abused and neglected children in America jumped from 1.4 million to some 3 million. This increase is more than 8 times faster than the increase in the children's population during that time period. CASA's analysis, survey and interviews lead to the finding that parental substance abuse and addiction are the chief culprits in at least 70%, and perhaps 90%, of all child welfare spending. Some of the study's major findings were that substance abuse and addiction confound the child welfare system's ability to protect children, that timely and comprehensive treatment can work for substance-abusing parents, and that such treatment is cost-effective. The author argues that there is no infrastructure in place in California to collect information or outcomes about the cases that involve the courts, child welfare agencies, and treatment agencies. The author adds that this bill is not a study of the problem. This bill requires the development of a strategic plan involving state and local substance abuse treatment and child welfare agencies and family courts to address this critical issue. The strategic plan would prepare California to take full advantage of proposed and implemented federal funding and waiver authority, and would better equip state and local agencies to respond to the life-long effects of substance abuse on children and families. Continued--- STAFF ANALYSIS OF ASSEMBLY BILL 2514 (Bates) Page 4 According to the sponsors of this bill, Children and Family Futures (CFF), California is facing a critical need to address the substance abuse problem among families in the child welfare system with a strategic plan of action. Although there are local programs in the state that address some of these issues, there is no statewide plan on how California is going to move forward with these efforts to develop best practices, disseminate information on effective models, sustain new methods of practice and policy that are urgently needed, and measure the effectiveness of these efforts across the state. CFF argues that this bill is an important step in ensuring the substance abuse recovery of parents, and the safety and well-being of the children of substance abusers who are affected by child abuse and/or neglect. According to the County Welfare Directors Association of California (CWDA), a significant portion of the families involved with the child welfare services system are also in need of substance abuse intervention and treatment. Children whose parents are incapacitated by addiction to alcohol and other drugs are at greater risk of abuse and neglect, poor educational outcomes, and substance abuse dependency. CWDA argues that it is vital that the linkage between substance abuse and child well-being be recognized and addressed, and that county programs receive tools to identify and respond to families in need of substance abuse treatment and other assistance. DSS has expressed concern that this bill creates an unmanageable workload for the department. DSS is particularly concerned given that the purpose and intent of this bill already are part of the mission of the Child Welfare Stakeholders Group, which includes DADP) as a member. Related legislation: SB 426 (Ortiz, 2001): requires DADP to develop strategies to protect children exposed to methamphetamine from injury, abuse, neglect, death or illness; establishes the Legislature's intent that DADP develop plans for a statewide summit and establishment of a state resource center on the relationship between the rising use of methamphetamine and child welfare; and requires DADP to submit child protection strategies to the Legislature by Continued--- STAFF ANALYSIS OF ASSEMBLY BILL 2514 (Bates) Page 5 January 1, 2004. The bill was held on suspense by the Assembly Appropriations Committee last year. COMMENTS AND QUESTIONS Continued--- Amendments were requested and taken in the Assembly to clarify the author's intent by requiring the committee to develop "measurable milestones" which now include the: Prevalence of substance abuse in families receiving child welfare services; Available options for substance abuse treatment for families receiving child welfare services; and Cost to the state related to substance abuse issues in the child welfare system. These could be viewed as research questions, rather than measurable milestones. The author states that it is not her desire that this bill initiate additional research, but rather a plan to help the state move forward in addressing these issues. Would the author like to further clarify the milestones that the committee should consider in developing a plan for the state? Given Senator Ortiz's very similar bill, SB 426, and the very serious emerging threats to children from the increasing use of methamphetimine, would the author consider amending language into the bill which ensures that the use of methamphetamine and its effects on children are a high priority for this committee? PRIOR ACTIONS Assembly Floor: 75 - 0Pass Assembly Appropriations: 23 - 0Do pass as amended Assembly Health: 19 - 0Do pass as amended POSITIONS Support: Children and Family Futures (sponsor) California Alliance of Child and Family Services California Coalition for Youth California Society of Addiction Medicine California Association of Alcohol and Drug Program Executives County Welfare Directors Association of California Mental Health Association in California Continued--- STAFF ANALYSIS OF ASSEMBLY BILL 2514 (Bates) Page 7 Prototypes 1 individual Oppose: None received. -- END --