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AB-3007 Children of incarcerated parents: support and services.(2017-2018)

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Date Published: 06/06/2018 09:00 PM
AB3007:v96#DOCUMENT

Amended  IN  Senate  June 06, 2018
Amended  IN  Assembly  April 12, 2018
Amended  IN  Assembly  March 20, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 3007


Introduced by Assembly Member Eduardo Garcia

February 16, 2018


An act to add Section 18999.9 to Chapter 19 (commencing with Section 18999.9) to Part 6 of Division 9 of the Welfare and Institutions Code, relating to public social services.


LEGISLATIVE COUNSEL'S DIGEST


AB 3007, as amended, Eduardo Garcia. Children of incarcerated parents: support and services.
Existing law provides that a child whose parent has been incarcerated or institutionalized and cannot arrange for the care of the child is within the jurisdiction of the juvenile court which may adjudge that person to be a dependent child of the court. Existing law requires, if the parent or guardian of a dependent child is incarcerated, institutionalized, or detained by the United States Department of Homeland Security, the court to order reasonable family reunification services, unless the court determines, by clear and convincing evidence, those services would be detrimental to the child. Existing law also requires social workers to make reasonable efforts to collect and update necessary data regarding a child’s incarcerated parent or parents.
This bill would authorize the County of Riverside to establish a program that would provide comprehensive social services to children who reside in the county, county and whose parents are currently or were formerly incarcerated at the local, state, or federal level, and who are currently enrolled in or eligible for Medi-Cal. level. The bill would require the County of Riverside, if it opts to establish the state provides any financial support for the implementation of, and the county opts to establish, that program, to prepare and submit an interim report regarding the program to the Joint Legislative Budget Committee on or before December 31, 2024, as specified, and a final report to that committee on December 31, 2028.
This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Riverside.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 (a) The Legislature finds and declares all of the following:
(1) The effects of parental arrest and incarceration on a child’s development are profound.
(2) Studies have consistently found that children of incarcerated parents (CIP) are more likely to become involved with the justice system, commit crimes, face numerous financial and emotional stresses, and be burdened with more health issues than their peers who do not have an incarcerated parent.
(3) The Centers for Disease Control-Kaiser Control and Prevention-Kaiser Permanente Adverse Childhood Experiences Study is one of the largest investigations of childhood abuse and neglect and later-life health and well-being. This study found that the adverse childhood experiences that negatively influence long-term health outcomes and general well-being into adulthood include the incarceration of a household member.
(4) A California Research Bureau study (2000) found that the CIP population may suffer from multiple psychological problems, including trauma, anxiety, guilt, shame, and fear. Negative behavioral manifestations associated with these problems often emerge.
(5) Absent positive intervention, a child’s exposure to associated trauma, the resulting emotional response, and related reactive behavior can lead to school failure, delinquency, and adult criminal activity and incarceration.
(6) It is estimated that in 2015, 17,600 children in the County of Riverside had a parent who was incarcerated during that time.
SEC. 2.Section 18999.9 is added to the Welfare and Institutions Code, to read:
18999.9.

(a)As used in this section, a child of an incarcerated parent (CIP) means a child who is under 18 years of age and who meets all of the following criteria:

(1)He or she currently resides in the County of Riverside.

(2)His or her parent is currently or was formerly incarcerated at the local, state, or federal level.

(3)He or she is currently enrolled in or eligible for Medi-Cal.

(b)The County of Riverside is authorized to establish a Children of Incarcerated Parents Program to provide comprehensive social services to develop resiliency and reduce risk factors that make the CIP population more susceptible to a number of negative short- and longer-term outcomes, including becoming incarcerated as juveniles or adults.

(c)The program established pursuant to subdivision (b) shall include, at a minimum, all of the following elements:

(1)Delivery of program services through a designated, centralized entity at the county level of government that promotes a holistic health approach and refers participants to multiple health resources and services.

(2)Delivery of appropriate resources and services proven to have positive effects for children and families who have experienced trauma.

(3)At least three of the five supports and services related to the factors listed in subparagraphs (A) to (E), inclusive:

(A)Physical health, including any of the following:

(i)Enrollment in Medi-Cal, if the child is not already covered by insurance.

(ii)Referrals, if appropriate, to medical treatment.

(iii)Vision and dental check-ups and treatments.

(B)Emotional health, including, but not limited to, mentorship programs.

(C)Mental health, including, but not limited to, counseling services.

(D)Environmental health, including, but not limited to, either of the following:

(i)Tutors.

(ii)Parenting classes for the caretaker of the child or the incarcerated parent.

(E)Social health, including, but not limited to, either of the following:

(i)After school programs.

(ii)Visitation with the incarcerated parent, if appropriate for the child and the incarcerated parent.

(d)Participation in the program shall be voluntary and shall be accompanied by the written consent of the custodial parent, legal guardian, or caretaker. The decision to decline or end participation in the program shall not carry any negative consequences for the child or family.

(e)In accordance with any applicable County of Riverside technical services grant agreement related to outcomes measurement, and pursuant to all applicable state and federal privacy and confidentiality laws, the county shall track and report participants’ performance outcomes, including increased visitation with the incarcerated parent, trauma alleviation, improved mental health, improved developmental health, improved parenting practices within the family, healthy parent-child relationships, increased family stability, and indicators of reduced future justice-system involvement.

(f)(1)The County of Riverside shall, if it opts to establish the program described in this section, prepare and submit an interim report regarding the Children of Incarcerated Parents Program to the Joint Legislative Budget Committee on or before December 31, 2024. The report shall contain, at a minimum, aggregated information on the number and ages of participants served, alongside performance outcomes.

(2)The County of Riverside shall, if it opts to establish the program described in this section, prepare and submit a final report regarding the Children of Incarcerated Parents Program to the Joint Legislative Budget Committee on December 31, 2028. The report shall contain, at a minimum, aggregated information on the number and ages of participants served, alongside performance outcomes, as well as recommendations for the development and implementation of a Children of Incarcerated Parents Program in other counties.

SEC. 2.

 Chapter 19 (commencing with Section 18999.9) is added to Part 6 of Division 9 of the Welfare and Institutions Code, to read:
CHAPTER  19. Children of Incarcerated Parents Program: County of Riverside

18999.9.
 (a) As used in this section, a child of an incarcerated parent (CIP) means a child who is under 18 years of age and who meets all of the following criteria:
(1) He or she currently resides in the County of Riverside.
(2) His or her parent is currently or was formerly incarcerated at the local, state, or federal level.
(b) In addition to the eligibility criteria described in subdivision (a), the county may prioritize enrollment based on the length of separation during parental incarceration and may impose additional eligibility or prioritization criteria that best meet local needs.
(c) To avoid duplication of services for children eligible under subdivision (a) who may otherwise be receiving services such as child welfare, probation, or Medi-Cal, the county, if it elects to implement a Children of Incarcerated Parents Program, shall coordinate across involved county departments.
(d) The County of Riverside is authorized to establish a Children of Incarcerated Parents Program to provide comprehensive social services to develop resiliency and reduce risk factors that make the CIP population more susceptible to a number of negative short- and longer-term outcomes, including becoming incarcerated as juveniles or adults.
(e) The program established pursuant to subdivision (d) shall include, at a minimum, all of the following elements:
(1) Delivery of program services through a designated, centralized entity at the county level of government that promotes a holistic health approach and refers participants to multiple health resources and services.
(2) Delivery of appropriate resources and services proven to have positive effects for children and families who have experienced trauma.
(3) At least three of the five supports and services related to the factors listed in subparagraphs (A) to (E), inclusive:
(A) Physical health, including any of the following:
(i) Enrollment in Medi-Cal, if the child is not already covered by insurance.
(ii) Referrals, if appropriate, to medical treatment.
(iii) Vision and dental check-ups and treatments.
(B) Emotional health, including, but not limited to, mentorship programs.
(C) Mental health, including, but not limited to, counseling services.
(D) Environmental health, including, but not limited to, either of the following:
(i) Tutors.
(ii) Parenting classes for the caretaker of the child or the incarcerated parent.
(E) Social health, including, but not limited to, either of the following:
(i) After school programs.
(ii) Visitation with the incarcerated parent, if appropriate for the child and the incarcerated parent.
(f) Participation in the program shall be voluntary and shall be accompanied by the written consent of the custodial parent, legal guardian, or caretaker. The decision to decline or end participation in the program shall not carry any negative consequences for the child or family.
(g) In accordance with any applicable County of Riverside technical services grant agreement related to outcomes measurement, and pursuant to all applicable state and federal privacy and confidentiality laws, the county shall track and report participants’ performance outcomes, including increased visitation with the incarcerated parent, trauma alleviation, improved mental health, improved developmental health, improved parenting practices within the family, healthy parent-child relationships, increased family stability, and indicators of reduced future justice-system involvement.
(h) (1) The County of Riverside shall, if the state provides any financial support for the implementation of, and the county opts to establish, the program described in this section, prepare and submit an interim report regarding the Children of Incarcerated Parents Program to the Joint Legislative Budget Committee on or before December 31, 2024. The report shall contain, at a minimum, aggregated information on the number and ages of participants served, alongside performance outcomes.
(2) The County of Riverside shall, if the state provides any financial support for the implementation of, and the county opts to establish, the program described in this section, prepare and submit a final report regarding the Children of Incarcerated Parents Program to the Joint Legislative Budget Committee on December 31, 2028. The report shall contain, at a minimum, aggregated information on the number and ages of participants served, alongside performance outcomes, as well as recommendations for the development and implementation of a Children of Incarcerated Parents Program in other counties.

SEC. 3.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need in the County of Riverside to implement the program that the county has developed to provide services to the children of incarcerated parents.