April 21, 2015
Vol. IX, No. 9
Page 11
County of Orange Positions on Proposed Legislation
The Legislative Bulletin provides the Board of Supervisors with analyses of measures pending in Sacramento and Washington that are of interest to the County. Staff provides recommended positions that fall within the range of policies established by the Board. According to the County of Orange Legislative Affairs Procedures adopted by the Board of Supervisors on November 25, 2014, staff recommendations for formal County positions on legislation will be agendized and presented in this document for Board action at regular Board of Supervisors meetings. When the Board takes formal action on a piece of legislation, the CEO will direct the County’s legislative advocates to promote the individual bills as approved by the Board. The Legislative Bulletin also provides the Board of Supervisors with informative updates on State and Federal issues.
The 2015-2016 Legislative Platform was adopted by Board of Supervisors’ Minute Order dated
November 25, 2014.
On April 21, 2015, the Board of Supervisors will consider the following actions:
RECOMMENDED ACTIONS
1. OPPOSE UNLESS AMENDED: AB 403 (Stone): Public social services: foster care placement: funding.
2. OPPOSE: AB 45 (Mullin): Household hazardous waste.
3. Receive and File Legislative Bulletin
INFORMATIONAL ITEMS
· Washington Legislative Report
· Sacramento Legislative Report
RECOMMENDED ACTIONS:
1. AB 403 (Stone): Public social services: foster care placement: funding. OPPOSE UNLESS AMENDED
Author: Assemblyman Stone
Status: Assembly Committee on Human Services
Hearing Date: April 28, 1:30 p.m.
Position Requested By: Social Services Agency
Summary
This bill would provide for the reclassification of treatment facilities and the transition away from the use of group homes for children in foster care, requiring instead the use of short-term residential treatment centers (STRTCs), as defined. Of particular concern is how the bill’s requirements would affect the Orangewood Children & Family Center, which is Orange County’s only emergency center for neglected and sexually, physically or emotionally abused children. Orangewood provides protective custody for children delivered by police officers or child protective services workers. Under this bill, Orangewood as currently operated would not be able to continue providing services.
AB 403 impacts a total of 75 sections in the Family Code, Government Code, Health and Safety Code, Penal Code and Welfare and Institutions Code. The majority of amendments are to the Health and Safety Code and Welfare and Institutions Code. They include the addition of two new sections to the Health and Safety Code, the repeal and replacement of two sections in the Health and Safety Code, the addition of seven new sections to the WIC, and the repeal and replacement of nine sections in the WIC.
Of particular concern to the Social Services Agency is addition of one new code section, the amendment of three code sections, and the repeal and replacement of six sections.
Existing Law
Existing law, the California Community Care Facilities Act, requires the State Department of Social Services to license and regulate various out-of-home facilities and entities responsible for children and non-minor dependents in foster care, including foster family homes, group homes, and out-of-state group homes, and imposes training requirements on foster parents. Existing law also provides for the placement of certain children in foster care under the supervision of the department and county welfare departments. Existing law further establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care.
Discussion Points
AB 403 would transform the continuum of care for foster youth by eliminating the practice of long-term group home placements. Among other things, the bill would require county-operated foster family agencies and group homes to be phased out by January 1, 2017 unless they meet the bill’s newly defined requirements for foster family agencies or short-term residential treatment centers (STRTCs). This mandate directly impacts the Orangewood Children and Family Center, as well as two Sibling Cottages at the Tustin Family Campus, which are operated by the county and licensed as group homes.
Specifically:
· The phase out of Orangewood as a placement resource would be detrimental to foster children and burdensome to the County due to a dearth of community resources available for the placement and care of the youth who are now placed at Orangewood.
· Transitioning to a STRTC would detrimentally impact the ability to care and serve Orange County’s high-need foster youth by restricting the population that could be placed in Orangewood to only foster children who are assessed as “seriously emotionally disturbed.”
· Though licensed as a group home, Orangewood does not operate in the same manner as the traditional long-term group home placements that the bill seeks to eliminate.
o The implementation of a myriad of reforms, as well as the provision of a comprehensive array of services at Orangewood to support children and families, are consistent with the below-listed goals of the California Child Welfare Continuum of Care Reform (CCR).
§ Priority in placing children with their families or in family-based setting
§ Reduction in the use of group homes
§ Transitional support services
§ Establishing permanent connections
§ Health care support
§ Educational support
§ Community services and support
o In 2014, the average length of stay at Orangewood was 36 days.
o At just more than 700 for 2014, Orangewood admissions have drastically declined since the late 1980s when daily populations occasionally exceeded 300.
Finally, Orangewood operational costs are not funded by the same federal funding stream that supports typical group home placements. In its current version, there appears to be no fiscal impact resulting from the enactment of AB 403 if Orangewood does not transition to a STRTC. Unlike many facilities licensed as group homes, Orangewood receives federal funding from the Emergency Assistance Temporary Assistance for Needy Families (EA-TANF) program.
The cost of transitioning to a STRTC is difficult to determine. The current rate classification system used to determine payment to group homes and treatment facilities would be repealed on January 1, 2018 and replaced with a mandate that the State Department of Social Services (CDSS) develop a new payment structure for STRTCs that includes the consideration of specified factors. Any discrepancy in funding under the new system compared to the current level of federal funding is unknown at this time. However, it is very likely that transitioning to a STRTC would increase other costs due the impact on operations as described above. By limiting the population served at OCFC to only youth who are assessed as seriously emotionally disturbed, additional costs would be incurred due to the need to increase the availability of placement resources for difficult-to-place foster youth who may have challenging behaviors, placement disruptions, and/ or are members of large sibling sets. Increased resources would be needed to support recruitment, training and retention efforts for additional foster family and emergency shelter home placements. Net County Cost would increase should available placement resources be inadequate to meet the need.
Proposed Amendment
The Social Services Agency is recommending an Oppose Unless Amended position. The department has been in communication with the state regarding the challenges imposed by AB 403, should it become law. A process needs to be amended into the bill to allow counties with established emergency shelters to work with the state toward providing a wider range of short-term accommodations for foster youth beyond those deemed seriously emotionally disabled. For example, some foster youth are dealing with drug and alcohol dependencies that make home placements challenging. Likewise, large sibling groups present a challenge to place together given the short turnaround (less than 24 hours) required by AB 403, particularly when such group placements are ordered by the court.
At the same time, Assembly Member Eggman has introduced a similar bill, AB 878, which reflects a slightly different approach intended to fulfill the goals of the CCR. Like AB 403, this bill would make group home placements ineligible for AFDC-FC funding while adding STRTCs to the list of AFDC-FC eligible placements. Both bills would require STRTCs to be accredited by a national accrediting body approved by the state; however, AB 878 does not include a requirement for mental health certification. Further, the bill would impose approximately eight conditions regarding the placement of children in STRTCs, but presently those conditions do not include the requirement that children be assessed as seriously emotionally disturbed, as mandated by AB 403. These provisions would commence January 1, 2018. Additionally, AB 878 would require the state to establish a working group no later than December 31, 2016 to develop and implement the standardized Child and Adolescent Needs and Strengths Plus assessment tool to be used statewide to determine the placement needs of each child.
Impact on Orange County
For Orange County, the enactment of AB 403 would result in the loss of a vital resource as currently operated. Orangewood, which serves as an emergency shelter and multi-service center for abused and neglected children and their families, would either transition to a STRTC, as defined by the bill, or be phased out by January 1, 2017. The state has communicated its willingness to work with counties to develop gradual phase-out plans taking into account the unique needs of county shelters and to extend the deadline for transitioning to a STRTC beyond 2017. In a letter to County Social Services directors dated March 20, 2015, CDSS reported that this change would be reflected in a future amendment to the bill.
In 2014, the average daily population at Orangewood was 59, with children admitted falling under three general categories:
(1) Sibling sets that are kept together until an appropriate long-term placement is located,
(2) Children with severe behavioral and mental health needs, and
(3) Foster youth who run away or experience a placement disruption.
OCFC provides care and a myriad of support services to foster youth with severe and challenging needs; the facility’s closure would detrimentally impact these children because there are not acceptable options or other resources available. Additionally, transitioning to a STRTC would constrain the County’s ability to serve foster youth by limiting the population to only youth assessed as seriously emotionally disturbed. This limitation would prohibit the facility from serving children in sibling sets, as well as youth who runaway and/or experience a disruption in placement. While the population of youth served at OCFC is very fluid, these excluded cohorts can exceed 50% of the total population at OCFC.
The mandates contained in AB 403 would detrimentally impact the operational efficiency of the County in providing high quality care and services to Orange County’s highest-need foster children. The mandate requiring Orangewood to be phased out or transitioned to a STRTC runs contrary to the statement in the Legislative Platform that calls for supporting measures that allow for flexibility and local control over the protection and care of youth in foster care. Further, as the bill requires the development of a new payment structure for STRTCs, it is not known if the bill will be cost-neutral or if it will result in an increase in net county costs.
2. AB 45 (Mullin): Household hazardous waste. OPPOSE
Author: Assemblyman Mullin
Status: Assembly Committee on Local Government
Hearing Date: April 22, 1:30 p.m.
Position Requested By: OC Waste & Recycling
Summary
This bill would establish “a comprehensive program for the collection of household hazardous waste,” including door-to-door household hazardous waste collection and household hazardous waste residential pickup services as the principal means of collecting household hazardous waste and diverting it from California’s landfills and waterways. The bill also allows the Department of Resources, Recycling and Recovery (Cal Recycle) to create a model ordinance for a comprehensive program for the collection of household hazardous waste which includes door-to-door collection as well as other components already in use by local jurisdictions today. It would require jurisdictions to create a household hazardous waste (HHW) baseline and to meet an unspecified diversion requirement for HHW collection. Further, the bill provides for no reimbursement for costs.
Existing Law
Existing law requires each county to prepare a household hazardous waste (HHW) element which identifies a program for the safe collection, recycling, treatment, and disposal of hazardous wastes that are generated by households. As part of its HHW element, the County of Orange operates four permanent Household Hazardous Waste Collection Centers (HHWCCs) in addition to various community pickup events.
OC Waste & Recycling (OCWR) currently contracts with Clean Harbors Environmental Services, Inc. to provide a household hazardous waste collection program (HHWCP). The goals of the HHWCP are:
(1) Provide a more consistent opportunity to all Orange County residents for accessible, safe and legal disposal of hazardous wastes through the establishment of the HHWCCs;
(2) Properly dispose of hazardous waste found abandoned and illegally dumped at landfills; (3) Provide education to increase public awareness of both environmentally safe alternatives to HHW, and proper disposal, recycling and reuse options.
As part of the HHWCP, OCWR also has a Material Reuse Program, Latex Paint Recycling, door-to-door collections for the elderly and disabled and a Load Check Program.
Discussion Points
The bill as introduced mandated a door-to-door HHW collection program. It was amended this past week to change the reference of “door-to-door” to a “comprehensive program for the collection of household hazardous waste.” This is a much broader mandate but still includes the door-to-door component. The expressed intent remains the establishment of door-to-door and residential pickup as the principal means of collection. The broader intent can also be interpreted as requiring all components including the door-to-door (i.e. everything we’re doing now plus more). The amendments also leave local jurisdictions responsible for funding.
Based on analysis by industry experts (Solid Waste Association of North America, CSAC, Los Angeles Sanitary District), door-to-door collection and diversion programs will cost substantially more than current practice. Options to fund a new program may result in disposal gate fee increases which may require Board of Supervisors’ approval. Local jurisdictions such as the County currently do not have the funding or infrastructure in place to develop door-to-door HHW programs. Locally developed programs may differ substantially in scope between cities and may result in confusion by end users. This may put pressure on the County to develop and provide this service at the regional level. Another potential concern is that County may be liable for any environmental hazardous or contamination that may result from accidental spills while picking up or transporting the hazardous materials. The risk of potential scavenging of hazardous materials left on the curb for pick up may pose additional legal and safety concerns.