BILL NUMBER: SB 163 CHAPTERED
BILL TEXT
CHAPTER 795
FILED WITH SECRETARY OF STATE OCTOBER 9, 1997
APPROVED BY GOVERNOR OCTOBER 8, 1997
PASSED THE SENATE SEPTEMBER 13, 1997
PASSED THE ASSEMBLY SEPTEMBER 11, 1997
AMENDED IN ASSEMBLY SEPTEMBER 11, 1997
AMENDED IN ASSEMBLY SEPTEMBER 8, 1997
AMENDED IN SENATE JUNE 3, 1997
AMENDED IN SENATE MARCH 31, 1997
AMENDED IN SENATE MARCH 6, 1997
INTRODUCED BY Senator Solis
(Principal coauthor: Assembly Member Aroner)
(Coauthors: Assembly Members Ashburn, Cunneen, Gallegos,
Goldsmith, Ortiz, and Wright)
JANUARY 16, 1997
An act to amend Sections 18250, 18251, 18252, 18253, 18254, 18255,
18256, and 18257 of, to amend the heading of Chapter 4 (commencing
with Section 18250) of Part 6 of Division 9 of, and to add Sections
18253.5 and 18256.5 to, the Welfare and Institutions Code, relating
to public social services.
LEGISLATIVE COUNSEL'S DIGEST
SB 163, Solis. Children: wrap-around services.
Existing law creates the Aid to Families with Dependent
Children-Foster Care program, under which a combination of federal,
state, and county funds are used to provide reimbursement to families
and facilities providing foster care to eligible children.
Existing law also requires each county to provide child welfare
services.
Existing law also provides, until July 1, 2001, for the
establishment in Santa Clara County, at the county's option, of a
pilot project to continue the provision of intensive wrap-around
services, as defined, to eligible children in foster care or at
imminent risk of this placement. These provisions would be repealed
on January 1, 2002.
This bill would, instead, permit each county to participate in
this pilot project, if approval for the county's participation is
given by the State Department of Social Services, and would make
various other changes in these pilot project provisions.
The bill would also extend the operative date of these provisions
until October 1, 2003, and the date of their repeal until April 1,
2004.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The heading of Chapter 4 (commencing with Section
18250) of Part 6 of Division 9 of the Welfare and Institutions Code
is amended to read:
CHAPTER 4. COUNTY WRAP-AROUND SERVICES PILOT PROJECT
SEC. 1.5. Section 18250 of the Welfare and Institutions Code is
amended to read:
18250. (a) It is the intent of the Legislature that all counties
be authorized to provide children with service alternatives to group
home care through the development of expanded family-based services
programs. These programs shall include individualized or
"wrap-around" services, where services are wrapped around a child
living with his or her birth parent, relative, adoptive parent,
licensed or certified foster parent, or guardian. The wrap-around
services developed under this section shall build on the strengths of
each eligible child and family and be tailored to address their
unique and changing needs.
(b) It is further the intent of the Legislature that the pilot
project include the following elements:
(1) Making available to the county the state share of nonfederal
reimbursement for group home placement, minus the state share, if
any, of any concurrent out-of-home placement costs, for children
eligible under this chapter, for the purpose of allowing the county
to develop family-based service alternatives.
(2) Enabling the county to access all possible sources of federal
funds for the purpose of developing family-based service
alternatives.
(3) Encouraging collaboration among persons and entities
including, but not limited to, parents, county welfare departments,
county mental health departments, county probation departments,
county health departments, special education local planning agencies,
school districts, and private service providers for the purpose of
planning and providing individualized services for children and their
birth or substitute families.
(4) Ensuring local community participation in the development and
implementation of wrap-around services by county placing agencies and
service providers.
(5) Preserving and using the service resources and expertise of
nonprofit providers to develop family-based and community-based
service alternatives.
SEC. 2. Section 18251 of the Welfare and Institutions Code is
amended to read:
18251. As used in this chapter:
(a) "County" means each county participating in an individualized
or "wrap-around" pilot project.
(b) "County placing agency" means a county welfare or probation
department, or a county mental health department with respect to
those children placed pursuant to Section 7572.5 of the Government
Code.
(c) "Eligible child" means a child who is any of the following:
(1) A child who has been adjudicated as either a dependent or ward
of the juvenile court pursuant to Section 300, 601, or 602 and who
would be placed in a group home licensed by the department at a rate
classification level of 12 or higher.
(2) A child who would be voluntarily placed in out-of-home care
pursuant to Section 7572.5 of the Government Code.
(3) A child who is currently, or who would be, placed in a group
home licensed by the department at a rate classification level of 12
or higher.
(d) "Wrap-around services" means community-based intervention
services that emphasize the strengths of the child and family and
includes the delivery of coordinated, highly individualized
unconditional services to address needs and achieve positive outcomes
in their lives.
(e) "Service allocation slot" means a specified amount of funds
available to the county to pay for an individualized intensive
wrap-around services package for an eligible child. A service
allocation slot may be used for more than one child on a successive
basis.
SEC. 3. Section 18252 of the Welfare and Institutions Code is
amended to read:
18252. Each county shall, at the county's option, develop a
county plan for intensive wrap-around services and monitor the
provision of those services in accordance with the plan. This plan
shall be submitted to the department for informational purposes.
Where a county operates both systems of care under the Children's
Mental Health Services Act, Part 4 (commencing with Section 5850) of
Division 5, and wrap-around services, these plans shall be
coordinated. Each county's plan shall include all the following
elements:
(a) A process and protocol for reviewing the eligibility of
children and families for service and for monitoring accessibility
and availability of service to the targeted population. Children
shall be determined as eligible for wrap-around services pursuant to
subdivision (c) of Section 18251, except that:
(1) Once a child is determined to be eligible for wrap-around
services under this chapter, he or she shall remain eligible for the
time period specified in his or her individualized services plan.
(2) A child and family participating in a family maintenance
services program as described in Section 16506 and the wrap-around
services program, shall not be subject to the time limitations
specified in Section 16506.
(b) A process to accept, modify, or deny proposed individualized
service plans for eligible children and families.
(c) A process for parent support, mentoring, and advocacy that
ensures parent understanding of, and participation in, wrap-around
services programs.
(d) A planning and review process to support and facilitate the
following principles in delivering intensive wrap-around services to
eligible children and families:
(1) Focusing on an individual child and family through the
creation of service plans designed specifically to address the unique
needs and strengths of each child and his or her family.
(2) Providing services geared toward enabling children to remain
in the least restrictive, most family-like setting possible.
(3) Developing a close collaborative relationship with each child'
s family in the planning and provision of wrap-around services.
(4) Conducting a thorough, strengths-based assessment of each
child and family that will form the basis for the development of the
individualized intervention plan.
(5) Designing and delivering services that incorporate the
religious customs, and regional, racial, and ethnic values and
beliefs of the children and families served.
(6) Measuring consumer satisfaction to assess outcomes.
(e) Written interagency agreements or memorandums of understanding
between the county departments of mental health, social services,
and probation that specify jointly provided or integrated services,
staff tasks and responsibilities, facility and supply commitments,
budget considerations, and linkage and referral services.
SEC. 4. Section 18253 of the Welfare and Institutions Code is
amended to read:
18253. Each county shall ensure that an evaluation of the pilot
project is conducted to determine the cost and treatment
effectiveness of outcomes such as family functioning and social
performance, preventing placement in more restrictive environments,
improving emotional and behavioral adjustments, school attendance,
and academic performance for eligible children. Systems of care
outcomes shall be included to the extent they are applicable to the
target population.
SEC. 5. Section 18253.5 is added to the Welfare and Institutions
Code, to read:
18253.5. Each county shall ensure that staff participating in the
pilot projects have completed training provided or approved by the
department, on providing individualized wrap-around services.
SEC. 6. Section 18254 of the Welfare and Institutions Code is
amended to read:
18254. (a) Reimbursement rates for intensive wrap-around
services, under this pilot project, shall be based on the average
cost of rate classification levels 12 to 14, inclusive, in each
county, minus the cost, if any, of concurrent out-of-home placement
of those children.
(b) The annual maximum limit on funding available for the pilot
project authorized by this chapter shall be based on the average
cost, determined pursuant to subdivision (a), for the number of
service allocation slots assigned to each county.
(c) The department shall reimburse each county, for the purpose
of providing intensive wrap-around services, up to 100 percent of the
state share of nonfederal funds, to be matched by each county's
share of cost as established by law, and to the extent permitted by
federal law, up to 100 percent of the federal funds allocated for
group home placements of eligible children, at the rate authorized
pursuant to subdivision (a).
(d) State and, to the extent permitted by federal law, federal
foster care funds shall remain with the administrative authority of
the county welfare department, which may enter into an interagency
agreement to transfer those funds, and shall be used to provide
intensive wrap-around services.
(e) General Fund costs for the provision of benefits to eligible
children pursuant to subdivision (c) of Section 18251 at rates
authorized by subdivision (a) through the pilot project authorized by
this chapter shall not exceed the costs which would otherwise have
been incurred had the eligible children been placed in a group home.
SEC. 7. Section 18255 of the Welfare and Institutions Code is
amended to read:
18255. This pilot project may be extended to any county that
applies to, and is granted approval, by the department. The number
of service allocation slots assigned to each county shall be
determined by each county and approved by the department.
SEC. 8. Section 18256 of the Welfare and Institutions Code is
amended to read:
18256. Each county shall evaluate its pilot project, prepare
interim and final evaluations, and submit them to the appropriate
committees of the Legislature and to the department. The interim
report shall be submitted not later than six months following the
start of the third year of the pilot project. The final report shall
be submitted not later than six months following the end of the
five-year pilot project. These reports shall assess the
effectiveness of the pilot project authorized by this chapter. The
reports shall include, but need not be limited to, all of the
following:
(a) The effectiveness of the project in reducing the level of
out-of-home services required, and in reducing the average length of
stay in out-of-home care.
(b) A comparison of the cost of placement and services for
children in the pilot project with the average cost of out-of-home
placement for the same number of children.
(c) The effectiveness of the pilot project in assisting children
and families in attaining their service goals.
SEC. 9. Section 18256.5 is added to the Welfare and Institutions
Code, to read:
18256.5. At the end of a county's pilot project, in order to
prevent disruption to the child, each child remaining in the pilot
project shall continue to receive all planned services specified in
the child's individualized services plan until his or her case is
closed.
SEC. 10. Section 18257 of the Welfare and Institutions Code is
amended to read:
18257. This chapter shall become inoperative on October 1, 2003,
and, as of April 1, 2004, is repealed, unless a later enacted
statute, that becomes operative on or before April 1, 2004, deletes
or extends the dates on which it becomes inoperative and is repealed.