Added by Stats. 1989, Ch. 1303, Sec. 1.
This chapter shall be known and may be cited as the Presley-Brown Interagency Children’s Services Act.
Article 1 - General Provision and Definitions
California Welfare and Institutions Code — §§ 18986-18986.3
Sections (16)
Added by Stats. 1989, Ch. 1303, Sec. 1.
The Legislature finds and declares all of the following:
(a)According to Policy Analysis of California Education (PACE):
(1)In 1988, California had a population of 7.4 million children; by the year 2000, the population of California’s children will rise to 8.7 million, a 22-percent increase; California’s share of children increased from one out of nine in the United States to one out of eight. By 1995, California school enrollment will equal the total enrollment of the 24 smallest states.
(2)(A) California’s children are becoming more linguistically, culturally, and ethnically diverse. A majority of California’s children are now minorities and the fastest growing are Hispanics and Asians.
(B)By the year 2000, 42 percent of the children in California will be Caucasian, 13 percent will be Asian, 36 percent will be Hispanic, and 9 percent will be Black.
(C)One-fourth of California school children speak a language other than English at home.
(3)The number of immigrant children in California is the largest of any state and that number is growing. California receives 27 percent of the nation’s immigrants but has only 11 percent of the nation’s population. The experience of immigrants from different cultures will vary and requires different public policies.
(4)Since 1980, the number of children in poverty in California has increased 50 percent and is now 23 percent above the national average. Poverty is associated with numerous problems, including low educational performance, poor nutrition, child abuse, and delinquency.
(5)There has been an alarming increase in extremely vulnerable children. Ten to 15 percent of infants born in public hospitals in large cities are drug-or alcohol-addicted. These children require intensive services and are overwhelming California’s foster care capacity.
(6)There have been major changes from the past in female and teenage work behavior. The high percentage (54 percent) of children with both parents working means that the quality of child care is very important. By the year 2000, 60 percent of parents will work full time. Publicly supported child care, however, covers only 8 percent of the eligible low-income population. The growth in the number of teenagers working (about 45 percent work 16 hours or more a week) leaves less time for leisure activities or homework.
(b)There is no adequate comprehensive system for the delivery of services to children and youth; instead, services to children are provided by various departments and agencies at both the state and county levels, often without appropriate collaboration, resulting in gaps in services and program duplication.
(c)Too often, resources are not available to provide preventive services to children and families which would alleviate the need for a more costly response to a later crisis. The current service delivery system promotes intervention at the latest, most costly, and least effective point. A greater focus on prevention rather than intervention maximizes the expenditure of state funds and results in the provision of more effective services to children.
(d)The facts and trends cited in this section require the state’s major policies and institutions to engage in planning and coordinating services to meet the needs of the state’s growing and changing population of children and to develop alternative ways of organizing and allocating resources for services.
Amended by Stats. 1991, Ch. 994, Sec. 2.
It is the intent of the Legislature, in enacting this chapter, to encourage the development of a comprehensive and collaborative delivery system of services to children and youths at the state and local level and to offer fiscal incentives in the form of waivers and negotiated contracts to encourage collaboration. The goal of that collaborative system shall be to:
(a)Develop a service delivery plan which emphasizes preventive and early intervention services that maximize the healthy development of children and minimize the long-term need for public resources.
(b)Allow for flexibility of expenditures in public funds.
(c)Emphasize local decisionmaking and provide for greater flexibility to local government in designing delivery systems.
(d)Provide for a continuum of family-centered, child-focused services through public/private partnerships within the community.
(e)Minimize duplicate administrative systems.
(f)Identify gaps in services to target populations.
(g)Provide case management services to children and families with multiple needs.
(h)Involve school districts in the planning and delivery of coordinated services for children.
Amended by Stats. 2011, Ch. 347, Sec. 48. (SB 942) Effective January 1, 2012.
For purposes of this chapter, the following definitions shall apply:
(a)“Children’s services” means any services provided by any state or local agency or private entity for the health, safety, or well-being of minors.
(b)“Council” means an interagency children’s services coordinating council established pursuant to Section 18986.10.
Added by Stats. 1989, Ch. 1303, Sec. 1.
The board of supervisors of any county or city and county may establish an interagency children’s services coordination council.
Amended by Stats. 1992, Ch. 552, Sec. 1. Effective January 1, 1993.
A council shall be comprised of, but not be limited to, the following members:
(a)Persons responsible for management of the following county functions:
(1)Alcohol and drug programs.
(2)Children’s services.
(3)Housing and redevelopment.
(4)Mental health services.
(5)Probation.
(6)Public health services.
(7)Welfare or public social services.
(b)The presiding judge of the county’s juvenile court.
(c)The superintendent of the county office of education and at least one superintendent of a unified school district within the county.
(d)A prosecuting attorney of the county or city and county.
(e)A representative of a private nonprofit corporation which has a goal of entering into a public private partnership with the county to meet the needs of children that are not adequately met by existing public or private funds.
(f)One member of the county board of supervisors.
(g)A representative of law enforcement.
(h)A representative of the local child abuse council.
(i)A representative of a local planning agency participating in the California Early Intervention Program pursuant to Subchapter VIII (commencing with Section 1471) of Chapter 33 of Title 20 of the United States Code.
(j)A representative of the local child care resource and referral agency or other local child care coordinating group.
(k)A representative, or representatives, of one or more community-based organizations with ties to the ethnic communities served in the area.
Added by Stats. 1989, Ch. 1303, Sec. 1.
(a)The council shall convene monthly and shall, in addition, convene at least two public meetings annually inviting public testimony.
(b)Meetings of the council shall be convened by an executive director who is appointed by the county board of supervisors.
Added by Stats. 1989, Ch. 1303, Sec. 1.
The county board of supervisors may designate an existing, duly established interagency children’s services coordinating body as the county’s interagency children’s services coordination council as authorized by Section 18986.10. However, the membership, responsibilities, and duties of that existing body shall be modified by the board as necessary to conform to the requirements of this chapter.
Added by Stats. 1989, Ch. 1303, Sec. 1.
The council’s duties shall include, but not be limited to, the following:
(a)Ensuring collaboration and countywide planning for the provision of children’s services.
(b)Identifying those agencies that have a significant joint responsibility in providing services to children and families.
(c)Identifying gaps in services to specific populations.
(d)Developing policies and setting priorities to ensure service effectiveness.
(e)Implementing public and private collaborative programs whenever possible.
(f)Providing for countywide interagency case management to coordinate resources, especially for those children and their families who are using the services of more than one agency concurrently.
(g)Identify, coordinate with, and, where feasible, integrate with existing children’s services groups and other coordinating bodies.
Amended by Stats. 1991, Ch. 994, Sec. 5.
Each county wishing to participate under this chapter shall develop a three-year program for phasing in a coordinated children’s services system.
(a)A plan for coordinated children’s services may include proposals to combine and coordinate services to one or more of the following special populations of children provided by two or more existing local service agencies:
(1)Abused or neglected children and those at risk of abuse or neglect.
(2)Children in foster care or at risk of entering foster care.
(3)Children requiring mental health services.
(4)Children needing health care services delivered by local maternal and child health services, including, but not limited to, services provided under the California Children’s Services Program, the Child Health and Disability Prevention Program, and perinatal services.
(5)Delinquent, status offender, and homeless minors.
(6)Minors in need of job training and placement services.
(7)School dropouts, or those at risk of dropping out.
(8)Infants born with identified drug dependencies and children with known histories of substance abuse.
(9)Children with developmental disabilities.
(10)Children in need of preschool or child care services.
(b)Plans shall include all of the following:
(1)Use of existing service capabilities within the various agencies currently serving children’s needs in the county.
(2)Interagency collaboration and program consolidation among publicly and privately funded agencies providing services to children.
(3)Appropriate interagency protocols and agreements.
(4)Services for the most vulnerable or at-risk children.
(5)Services which permit children to reside in their usual family setting whenever possible and in their best interest.
(6)Components designed to promote an effective case management system.
(7)Estimates of cost benefits and cost avoidance of the program proposal.
(8)A specific list of the benefits to children under the plan, including objective measures of successful outcome and program effectiveness.
(c)No later than July 1 of each year, any county that wishes to participate pursuant to this chapter shall submit to the county board of supervisors a program proposal for the development of a coordinated system of children’s services.
Amended by Stats. 2011, Ch. 347, Sec. 49. (SB 942) Effective January 1, 2012.
(a)Any county that wishes to participate under this chapter and that develops a three-year program of coordinated children’s services pursuant to Section 18986.15, may, as a part of its plan, request a waiver of existing state regulations pertaining to requirements which hinder coordination of children’s services. The county may also request authorization to enter into a negotiated contract which enables the repositioning and reallocation of existing resources to facilitate integrated case management and coordination among participating agencies.
(b)Requests for waivers or negotiated contracts shall be submitted in writing, with a detailed description of the county’s plan for
coordinated children’s services and a detailed description of the need for the waiver or negotiated contract to the Secretary of the Health and Welfare Agency, the Superintendent of Public Instruction, the Attorney General, and the Secretary of the Youth and Adult Correctional Agency. Requests for negotiated contracts shall also be submitted to the Department of Finance.
Amended by Stats. 1991, Ch. 994, Sec. 7.
(a)A waiver or waivers may be granted pursuant to this chapter when existing regulations hinder the coordination of children’s services and when waivers would facilitate the implementation of this chapter.
(b)Any request for a waiver under this chapter shall contain, at a minimum, all of the following:
(1)The regulation or regulations for which the county requests a waiver.
(2)A statement regarding why the identified regulation or regulations should be waived.
(3)A statement regarding why the identified regulation or regulations inhibit the efficient administration of the program.
(4)A comparison of the following:
(A)The services and the number of persons to be served under the requested waiver.
(B)The services and the number of persons to be served without the requested waiver.
(5)Projected costs or savings due to the requested waiver.
(6)Any impact on state and federal funding.
(c)When approving a county request for a waiver pursuant to this chapter, the entity granting the waiver shall ensure all of the following:
(1)Services and eligible persons served under the affected program are maintained.
(2)There is no increase in costs to the state or to clients.
(3)There is no loss of federal financial participation.
Added by Stats. 1991, Ch. 994, Sec. 8.
(a)A negotiated contract may be awarded pursuant to this chapter when existing regulations and categorical programs hinder the coordination of children’s services and prohibit integrated case management.
(b)A negotiated contract means an agreement entered into between the state and the county pursuant to Section 18986.23 which authorizes the reallocation of existing resources from participating agencies for purposes specified in each contract.
(c)Each negotiated contract shall specify all of the following:
(1)The target population to be served.
(2)The core services to be offered.
(3)The net amount of resources to be reallocated and pooled.
(4)Intake and eligibility criteria.
(5)Provisions for sharing data between agencies while maintaining client confidentiality.
(6)Evaluation measures, including specific outcomes and performance criteria to be achieved as a condition of the negotiated contract and appropriate sanctions if evaluation measures are not met.
(7)The duration of the contract period, including provisions for contract renewal.
(8)any other provisions which are deemed necessary to ensure program and fiscal accountability.
Amended by Stats. 2011, Ch. 347, Sec. 50. (SB 942) Effective January 1, 2012.
Waivers and negotiated contracts shall be granted pursuant to this chapter by the Secretary of the Health and Welfare Agency, the Superintendent of Public Instruction, the Attorney General, or the Secretary of the Youth and Adult Correctional Agency, in consultation with the Department of Finance as follows:
(a)The Secretary of the Health and Welfare Agency shall grant waivers or negotiated contracts for programs under his or her jurisdiction, in consultation with the Superintendent of Public Instruction, the Attorney General, and the Secretary of the Youth and Correctional Agency.
(b)The Superintendent of Public Instruction shall grant
waivers or negotiated contracts for programs under his or her jurisdiction, in consultation with the Attorney General, the Secretary of the Health and Welfare Agency, and the Secretary of the Youth and Adult Correctional Agency.
(c)The Attorney General shall grant waivers or negotiate contracts for programs under his or her jurisdiction in consultation with the Superintendent of Public Instruction, the Secretary of the Health and Welfare Agency, and the Secretary of the Youth and Adult Correctional Agency.
(d)The Secretary of the Youth and Adult Correctional Agency shall grant waivers or negotiate contracts for programs under his or her jurisdiction in consultation with the Attorney General, the Superintendent of Public Instruction, and the Secretary of the Health and Welfare Agency.
(e)The entity to whom a
request for a waiver or negotiated contract is submitted pursuant to this section shall issue written notice of the granting of the waiver, any delay in the consideration of the waiver request, or denial of the requested waiver within 60 days of the receipt of the request. Any county may appeal a negative decision regarding a requested waiver or negotiated contract.
(f)In addition to approval required by subdivisions (a) to (d), inclusive, all requests for negotiated contracts shall be approved by the Department of Finance.
Amended by Stats. 2011, Ch. 347, Sec. 51. (SB 942) Effective January 1, 2012.
The Secretary of the Health and Welfare Agency, the Superintendent of Public Instruction, the Attorney General, or the Secretary of the Youth and Adult Correctional Agency shall notify the appropriate policy committees and fiscal committees of the Legislature no later than 30 days before any waiver or negotiated contract granted pursuant to this article take effect.
Amended by Stats. 1992, Ch. 1296, Sec. 24. Effective September 30, 1992.
Two years after the approval of an initial waiver or negotiated contract request pursuant to Sections 18986.20 to 18986.24, inclusive, the department shall review and report to the Legislative Analyst on the progress of the councils for which fiscal incentives and necessary waivers or negotiated contracts to establish the council’s programs have been approved and granted. Programs to coordinate comprehensive children’s services shall be deemed successful based upon the following:
(a)The county’s ability to meet specific success criteria as specified in its overall plan.
(b)The county’s ability to demonstrate cost avoidance which equals or exceeds the cost of the plan. This cost avoidance shall include the following categories, where appropriate:
(1)Group home costs paid by Aid to Families with Dependent Children-Foster Care (AFDC-FC).
(2)Children and adolescent state hospital programs.
(3)Juvenile justice recidivism or reincarceration.
(4)Nonpublic school residential placement costs.
(5)Other short-term and long-term savings in public funds resulting from the plans.
(c)The Legislative Analyst shall submit a review of the report to the Legislature.