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AB-413 Foster youth: housing.(2021-2022)

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Date Published: 03/17/2021 09:00 PM
AB413:v98#DOCUMENT

Revised  April 15, 2021
Amended  IN  Assembly  March 17, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 413

Introduced by Assembly Member Ting
(Coauthor: Assembly Member Arambula)
(Coauthor: Senator Caballero)

February 03, 2021

An act to amend Section 50807 of, and to add Chapter 11.8 (commencing with Section 50811) to Part 2 of Division 31 of, the Health and Safety Code, and to amend Sections 11403.3 and 16206 of the Welfare and Institutions Code, relating to foster youth, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


AB 413, as amended, Ting. Foster youth: housing.
(1) Existing law, subject to an annual appropriation in the annual Budget Act, requires the Department of Housing and Community Development to provide funding to counties for allocation to child welfare services agencies to help young adults who are 18 to 24 years of age secure and maintain housing, with priority given to young adults formerly in the state’s foster care or probation systems. Existing law suspends this program on December 31, 2021, unless the Department of Finance makes a specified finding.
This bill would delete the provisions conditionally suspending that program and subjecting the requirements of the program to an annual appropriation in the Budget Act. The bill would appropriate $8,000,000 annually to fund that program and require the department to allocate and distribute the funds no later than October 1, 2022, and no later than October 1 of each year thereafter. The bill would require a child welfare agency that accepts a distribution of over $10,000 to ensure that data on the demographics and characteristics of those served by the program is entered into the relevant local homeless management information system, as defined. The bill would also require a child welfare agency that accepts any distribution of money to report specified information to the Department of Housing and Community Development on an annual basis.
(2) Existing law, the Budget Act of 2019, appropriated $5,000,000 to the Department of Housing and Community Development to allocate to counties for the support of housing navigators to help young adults 18 to 21 years of age, inclusive, secure and maintain housing, with priority given to young adults in the foster care system.
This bill would appropriate $5,000,000 annually to the department to allocate and distribute to counties to continue that housing navigator program and require the department to allocate and distribute the funds no later than October 1, 2022, and no later than October 1 of each year thereafter. The bill would require a child welfare agency that accepts a distribution of over $10,000 to ensure that data on the demographics and characteristics of those served by the program is entered into the relevant local homeless management information system, as defined. The bill would also require a child welfare agency that accepts any distribution of money to report specified information to the Department of Housing and Community Development on an annual basis.
(3) Existing law establishes the Transitional Housing Placement-Plus program, which provides transitional housing for former foster youth who are at least 18 years of age and, except as specified, not more than 24 years of age. Existing law provides for the establishment of rates to be paid to providers of transitional housing.
This bill would establish the THP-Plus Housing Supplement Program, subject to an appropriation in the Budget Act, to supplement the rates paid to Transitional Housing Placement-Plus providers in up to 11 counties. The bill would specify that a county is eligible to receive this supplemental funding if the fair market rent for a 2-bedroom apartment in the county is one of the 11 most expensive in the state during the 2020–21 federal fiscal year. The bill would specify requirements for counties that elect to receive this funding, including, among others, that the county maintain the bed capacity for the Transitional Housing Program-Plus program that the county contracted for in the 2020–21 fiscal year. The bill would also prescribe the method of calculating the amount of supplemental funding a county receives pursuant to this program.
(4) Existing law requires the State Department of Social Services to select and award a grant to a private nonprofit or public entity for the purpose of establishing a statewide multipurpose child welfare training program. Existing law requires the training to provide practice-relevant training to county child protective services social workers who screen referrals for child abuse or neglect and for all workers assigned to provide emergency response, family maintenance, family reunification, and permanent placement services. Existing law requires the training to include specified components, including, among others, use of community resources.
This bill would also require the training to include, for social workers and probation officers that serve nonminor dependents, an overview of the housing resources available through the local coordinated entry system, homeless continuum of care, and county public agencies.
Vote: 2/3   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 (a) The Legislature finds and declares both of the following:
(1) There exists in the State of California long-standing racial inequities that result in a disproportionate number of children of color being subject to abuse and neglect and subsequently being placed into foster care.
(2) Youth who are in foster care face a disproportionate risk of experiencing homelessness while in foster care, during their transition out of foster care, and in adulthood.
(b) It is therefore the intent of the Legislature in enacting this act to address racial inequities by enacting policies that prevent foster youth from experiencing negative life outcomes, including homelessness, that result directly from their experience in foster care.

SEC. 2.

 Section 50807 of the Health and Safety Code is amended to read:

50807.
 (a) Eight millions dollars ($8,000,000) is hereby annually appropriated from the General Fund to the Department of Housing and Community Development for the purposes of this section.
(b) The Department of Housing and Community Development shall allocate and distribute moneys appropriated pursuant to subdivision (a) to child welfare agencies to help young adults who are 18 to 24 years of age, inclusive, secure and maintain housing, with priority given to young adults formerly in the state’s foster care or probation systems.
(c) The department shall consult with the Department of Social Services, the Department of Finance, and the County Welfare Directors Association of California to develop an allocation schedule for purposes of distributing funds allocated to counties pursuant to subdivision (b).
(d) The department shall allocate and distribute the funds to counties pursuant to subdivision (b) no later than October 1, 2022, and no later than October 1 of each year thereafter.
(e) To the extent permitted by federal law, if a child welfare agency accepts a distribution of over ten thousand dollars ($10,000), it shall ensure that data on the demographics and characteristics of homeless youth served by the program is entered into the relevant local homeless management information system.
(f) If a child welfare agency accepts any distribution of money, it shall report the following data to the Department of Housing and Community Development on an annual basis:
(1) The number of homeless youth served.
(2) The number of former foster care youth served.
(3) The number of homeless youth who exited homelessness into temporary housing.
(4) The number of homeless youth who exited homelessness into permanent housing.
(g) For purposes of this section, “homeless management information system” means the information system designated by a continuum of care to comply with federal reporting requirements as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 1, 2021. The term “homeless management information system” or also includes the use of a comparable database by a victim services provider or legal services provider that is permitted by the United States Department of Housing and Urban Development under Part 576 of Title 24 of the Code of Federal Regulations, as that part read on January 1, 2021.

SEC. 3.

 Chapter 11.8 (commencing with Section 50811) is added to Part 2 of Division 31 of the Health and Safety Code, to read:
CHAPTER  11.8. Housing Navigation for Young adults

50811.
 (a) Five millions dollars ($5,000,000) is hereby annually appropriated from the General Fund to the Department of Housing and Community Development to continue the housing navigator program established as a result of the allocation in provision (3) of Item 2240-103-0001 of the Budget Act of 2019.
(b) Commencing July 1, 2022, moneys appropriated to the department pursuant to subdivision (a) shall be allocated and distributed to county child welfare agencies to provide housing navigators to help young adults between 18 years of age and 21 years of age, inclusive, secure and maintain housing. A county that receives an allocation and distribution pursuant to this subdivision shall give priority to young adults in the foster care system.
(c) The department shall consult with the State Department of Social Services, the Department of Finance, and the County Welfare Directors Association of California to develop an allocation schedule for purposes of distributing funds allocated to counties pursuant to subdivision (b).
(d) The department shall allocate and distribute the funds to counties pursuant to subdivision (b) no later than October 1, 2022, and no later than October 1 of each year thereafter.
(e) To the extent permitted by federal law, if a child welfare agency accepts a distribution of over ten thousand dollars ($10,000), it shall ensure that data on the demographics and characteristics of homeless youth served by the program is entered into the relevant local homeless management information system.
(f) If a child welfare agency accepts any distribution of money, it shall report the following data to the Department of Housing and Community Development on an annual basis:
(1) The number of homeless youth served.
(2) The number of former foster care youth served.
(3) The number of homeless youth who exited homelessness into temporary housing.
(4) The number of homeless youth who exited homelessness into permanent housing.
(g) For purposes of this section, “homeless management information system” means the information system designated by a continuum of care to comply with federal reporting requirements as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 1, 2021. The term “homeless management information system” or also includes the use of a comparable database by a victim services provider or legal services provider that is permitted by the United States Department of Housing and Urban Development under Part 576 of Title 24 of the Code of Federal Regulations, as that part read on January 1, 2021.

SEC. 4.

 Section 11403.3 of the Welfare and Institutions Code is amended to read:

11403.3.
 (a) (1) Subject to subdivision (b), a transitional housing placement provider, as defined in subdivision (r) of Section 11400, that provides transitional housing services to an eligible foster youth in a facility licensed pursuant to Section 1559.110 of the Health and Safety Code, shall be paid as follows:
(A) For a program serving foster children who are at least 16 years of age and not more than 18 years of age, a monthly rate that is 75 percent of the average foster care expenditures for foster youth 16 to 18 years of age, inclusive, in group home care in the county in which the program operates.
(B) For a program serving nonminor dependents, the rate structure established pursuant to subdivision (b) of Section 11403.2.
(2) Subject to subdivision (c), a Transitional Housing Program-Plus, as defined in subdivision (s) of Section 11400, that provides transitional housing services to eligible former foster youth who have exited from the foster care system on or after their 18th birthday, shall be paid a monthly rate that is 70 percent of the average foster care expenditures for foster youth 16 to 18 years of age, inclusive, in group home care in the county in which the program operates.
(b) Payment to a transitional housing placement provider for transitional housing services provided to a person described in paragraph (1) of subdivision (a) of Section 11403.2 shall be subject to the following conditions:
(1) An amount equal to the base rate, as defined in subdivision (d), shall be paid for transitional housing services provided.
(2) Any additional amount payable pursuant to subdivision (a) shall be contingent on the election by the county placing the youth in the transitional housing placement program to participate in the costs of the additional amount, pursuant to subdivision (g).
(c) Payment to a Transitional Housing Program-Plus provider for transitional housing services provided pursuant to paragraph (2) of subdivision (a) of Section 11403.2 shall be subject to the following conditions:
(1) Any Supportive Transitional Emancipation Program (STEP) payment payable pursuant to Section 11403.1 shall be paid for transitional housing services provided.
(2) Prior to fiscal year 2011–12, any amount payable pursuant to subdivision (a) to a Transitional Housing Program-Plus provider for services provided to a person described in paragraph (2) of subdivision (a) of Section 11403.2 shall be paid contingent on the availability of moneys appropriated for this purpose in the annual Budget Act for the cost of the program.
(d) (1) As used in this section, “base rate” means the rate a transitional housing placement provider or Transitional Housing Program-Plus provider was approved to receive on June 30, 2001. If a program commences operation after this date, the base rate shall be the rate the program would have received if it had been operational on June 30, 2001.
(2) Notwithstanding subdivision (a), no transitional housing placement provider or Transitional Housing Program-Plus provider with an approved rate on July 1, 2001, shall receive a lower rate than its base rate.
(e) Any reductions in payments to a transitional housing placement provider pursuant to the implementation of paragraph (2) of subdivision (b) or to a Transitional Housing Program-Plus provider pursuant to paragraph (2) of subdivision (c) shall not preclude the program from acquiring from other sources, additional funding necessary to provide program services.
(f) The department shall develop, implement, and maintain a ratesetting system schedule for transitional housing placement providers, and Transitional Housing Program-Plus providers pursuant to subdivisions (a) to (d), inclusive.
(g) (1) Funding for the rates payable under this section for persons described in paragraph (1) of subdivision (a) of Section 11403.2, prior to the 2011–12 fiscal year, shall be subject to a sharing ratio of 40 percent state and 60 percent county share of nonfederal funds.
(2) Funding for the rates payable under this section for persons described in paragraph (2) of subdivision (a) of Section 11403.2, prior to the 2011–12 fiscal year, shall be subject to a sharing ratio of 100 percent state and 0 percent county funds.
(3) Notwithstanding paragraph (2) of subdivision (c) and paragraphs (1) and (2) of this subdivision, beginning in the 2011–12 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(h) The department shall develop, implement, and maintain a ratesetting methodology and rate schedule for providers identified in subparagraph (A) of paragraph (1) of, and paragraph (2) of, subdivision (a) by December 31, 2019. Until a new rate schedule is implemented, the rates shall be based on the rates in existence on December 31, 2017, plus the annual adjustment described in subdivision (c) of Section 11403.2.
(i) (1) Subject to an appropriation in the annual Budget Act for this purpose, the rate paid to a transitional housing placement provider serving nonminor dependents shall be supplemented with a housing supplement, which shall be calculated by the department as follows:
(A) For nonminor dependents who are custodial parents, the difference between the fair market rent for a one-bedroom apartment in the county in which the nonminor dependent resides and 21.45 percent of the rate established pursuant to subdivision (b) of Section 11403.2.
(B) For nonminor dependents who are not custodial parents, the difference between one-half of the fair market rent for a two-bedroom apartment in the county in which the nonminor resides and 21.45 percent of the rate established pursuant to subdivision (b) of Section 11403.2.
(2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services shall annually calculate the housing supplement described in this subdivision and shall inform county welfare agencies by November 1 of each year of the amount of the supplement by means of all-county letters or similar written instructions. These all-county letters or similar instructions shall have the same force and effect as regulations.
(3) A county shall not receive less than the rate established pursuant to subdivision (h).
(4) For purposes of this subdivision, “fair market rent” means the rent calculated for the fair market rent system developed by the United States Department of Housing and Urban Development for use in determining the allowable rent level for individuals who participate in the Housing Choice Voucher program, and that includes the cost of housing and utilities, except for telephone, cable, and internet, and is calculated annually for each county and released at the start of each fiscal year by the United States Department of Housing and Urban Development.
(5) (A) The department shall work with the County Welfare Directors Association of California and the Statewide Automated Welfare System (CalSAWS) to develop and implement the necessary system changes to implement the housing supplement provided pursuant to paragraph (1).
(B) (i) This supplement shall begin on July 1, 2021, for the counties utilizing the CalWIN system, or when the department notifies the Legislature that CalWIN can perform the necessary automation to implement it, whichever is later.
(ii) This supplement shall begin on September 1, 2022, for the counties utilizing the CalSAWS system, or when the department notifies the Legislature that CalSAWS can perform the necessary automation to implement it, whichever is later.
(j) (1) The THP-Plus Housing Supplement Program is hereby established. Subject to an appropriation in the annual Budget Act for this purpose, the department shall allocate and distribute funds to counties pursuant to this subdivision to supplement the rates paid to Transitional Housing Program-Plus providers pursuant to paragraph (2) of subdivision (a) in up to 11 counties.
(2) A county shall be eligible to receive funding pursuant to this subdivision if the fair market rent, as defined in paragraph (4) of subdivision (i), for a two bedroom apartment in the county is one of the 11 most expensive in the state during the 2020–21 federal fiscal year.
(3) A county that elects to receive funding pursuant to this subdivision shall do all of the following:
(A) Expend all funds the county is required to maintain pursuant to subparagraph (D) before using funding provided pursuant to this subdivision.
(B) Pay a monthly rate to Transitional Housing Program-Plus providers that is no less than two thousand eight hundred eighty-two dollars ($2,882) per youth per month or the rate paid per youth per month in the 2020–21 fiscal year, whichever is greater.
(C) Maintain the bed capacity for the Transitional Housing Program-Plus program that the county contracted for in the 2020–21 fiscal year.
(D) Maintain funding for the Transitional Housing Program-Plus from the Protective Services Subaccount within the Support Services Account of the county’s County Local Revenue Fund 2011 at the amount listed for the county on page 25 of the department’s County Fiscal Letter 11/12-18, issued on September 16, 2011.
(4) (A) A county that receives funding pursuant to this subdivision shall receive an amount that is the difference between the amount of funding the county is required to maintain pursuant to subparagraph (D) of paragraph (3) and the amount required to maintain the bed capacity required by the county’s contracts with Transitional Housing Program-Plus providers for 2020–21 fiscal year at a rate of two thousand eight hundred eighty-two dollars ($2,882) per youth per month.
(B) A county shall not recieve receive funding pursuant to this subdivision if the amount of funding the county is required to maintain pursuant to subparagraph (D) of paragraph (3) is sufficient to maintain the bed capacity required by the county’s contracts with Transitional Housing Program-Plus providers for 2020–21 fiscal year at a rate of two thousand eighty two dollars ($2,882) per youth per month.

SEC. 5.

 Section 16206 of the Welfare and Institutions Code is amended to read:

16206.
 (a) The purpose of the program is to develop and implement statewide coordinated training programs designed specifically to meet the needs of county child protective services social workers assigned emergency response, family maintenance, family reunification, permanent placement, and adoption responsibilities. It is the intent of the Legislature that the program include training for other agencies under contract with county welfare departments to provide child welfare services. In addition, the program shall provide training programs for persons defined as a mandated reporter pursuant to the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). The program shall provide the services required in this section to the extent possible within the total allocation. If allocations are insufficient, the department, in consultation with the grantee or grantees and the Child Welfare Training Advisory Board, shall prioritize the efforts of the program, giving primary attention to the most urgently needed services. County child protective services social workers assigned emergency response responsibilities shall receive first priority for training pursuant to this section.
(b) The training program shall provide practice-relevant training for mandated child abuse reporters and all members of the child welfare delivery system that will address critical issues affecting the well-being of children, and shall develop curriculum materials and training resources for use in meeting staff development needs of mandated child abuse reporters and child welfare personnel in public and private agency settings.
(c) The training provided pursuant to this section shall include all of the following:
(1) Crisis intervention.
(2) Investigative techniques.
(3) Rules of evidence.
(4) Indicators of abuse and neglect.
(5) Assessment criteria, including the application of guidelines for assessment of relatives for placement according to the criteria described in Section 361.3.
(6) Intervention strategies.
(7) Legal requirements of child protection, including requirements of child abuse reporting laws.
(8) Case management.
(9) Use of community resources.
(10) Information regarding the dynamics and effects of domestic violence upon families and children, including indicators and dynamics of teen dating violence.
(11) Post-traumatic stress disorder and the causes, symptoms, and treatment of post-traumatic stress disorder in children and the types of and behavioral manifestation of trauma, loss, and grief.
(12) The importance of maintaining relationships with individuals who are important to a child in out-of-home placement, including methods to identify those individuals, consistent with the child’s best interests, including, but not limited to, asking the child about individuals who are important, and ways to maintain and support those relationships.
(13) The legal duties of a child protective services social worker, in order to protect the legal rights and safety of children and families from the initial time of contact during investigation through treatment.
(14) The information described in subdivision (d) of Section 16501.4.
(15) The information described in subdivision (i) of Section 16521.5. The program may use the curriculum created pursuant to subdivision (h), and described in subdivision (i), of Section 16521.5.
(16) For social workers and probation officers that serve nonminor dependents, an overview of the housing resources available through the local coordinated entry system, homeless continuum of care, and county public agencies, including, but not limited to, housing navigation, permanent affordable housing, THP-Plus, and housing choice vouchers; how to access and receive a referral to existing housing resources; and the social worker’s and probation officer’s role in identifying unstable housing situations for youth and referring youth to housing assistance programs.
(d) The training provided pursuant to this section may also include any or all of the following:
(1) Child development and parenting.
(2) Intake, interviewing, and initial assessment.
(3) Casework and treatment.
(4) Medical aspects of child abuse and neglect.
(e) The training program in each county shall assess the program’s performance at least annually and forward it to the State Department of Social Services for an evaluation. The assessment shall include, at a minimum, all of the following:
(1) Workforce data, including education, qualifications, and demographics.
(2) The number of persons trained.
(3) The type of training provided.
(4) The degree to which the training is perceived by participants as useful in practice.
(5) Any additional information or data deemed necessary by the department for reporting, oversight, and monitoring purposes.
(f) The training program shall provide practice-relevant training to county child protective services social workers who screen referrals for child abuse or neglect and for all workers assigned to provide emergency response, family maintenance, family reunification, and permanent placement services. The training shall be developed in consultation with the Child Welfare Training Advisory Board and domestic violence victims’ advocates and other public and private agencies that provide programs for victims of domestic violence or programs of intervention for perpetrators.

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REVISIONS:
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