SUBJECT
Title
AUTHORIZE RENEWAL OF AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF SOCIAL SERVICES FOR LEGAL CONSULTATION AND LEGAL REPRESENTATION IN ADMINISTRATIVE ACTION APPEALS ASSOCIATED WITH THE RESOURCE FAMILY APPROVAL PROGRAM (DISTRICTS: ALL)
Body
OVERVIEW
The Resource Family Approval (RFA) Program is a statewide caregiver approval process for related and non-related caregivers of children in foster care. The RFA Program combined elements of the previous foster parent licensing, relative approval, and approvals for adoption and guardianship and replaced those processes with one comprehensive approval process. The RFA process improved the way related and non-related caregivers are approved and prepared to parent vulnerable children and youth interacting with the child welfare and juvenile justice systems. Under the RFA Program, if a family is denied as a resource family or the family’s prior approval is rescinded by the county administering the RFA Program, the family has a legal right to appeal the decision to an administrative law judge.
On May 19, 2020 (10), the San Diego County Board of Supervisors authorized the Agency Director, Health and Human Services Agency and the County Counsel to enter into and sign Agreement 19-5062 with the California Department of Social Services (CDSS). This agreement permitted legal representation in administrative action appeals associated with the RFA Program for the period of January 1, 2019 through June 30, 2021. A new agreement is required for the period of July 1, 2021 through June 30, 2024.
The purpose of Agreement 21-5040 is to outline the terms and conditions for the CDSS Legal Division to act as the sole legal representative on behalf of the County of San Diego (County) Health and Human Services Agency, Child Welfare Services (CWS) and the San Diego County Probation Department (Probation) for all matters related to appeals of an RFA denial or rescission.
Today’s action requests authorization for CWS and Probation to receive legal representation from the CDSS Legal Division on all RFA related appeals for the period of July 1, 2021 through June 30, 2024.
This item supports the County’s vision of a just, sustainable, and resilient future for all, specifically those communities and populations in San Diego County that have been historically left behind, as well as the ongoing commitment to the regional Live Well San Diego vision of healthy, safe and thriving communities. This will be accomplished by ensuring equity, access, and justice for families applying to be a resource parent, improving outcomes for children and youth and furthering efforts to provide accelerated permanency to children and youth interacting with child welfare and juvenile justice systems.
RECOMMENDATION(S)
CHIEF ADMINISTRATIVE OFFICER
1. Authorize the Agency Director, Health and Human Services Agency, and the County Counsel, or designees to enter into and sign Agreement 21-5040 with the California Department of Social Services for the provision and receipt of legal representation for the period of July 1, 2021 through June 30, 2024, and to execute any subsequent amendments thereto.
2. Adopt a resolution entitled A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO RELATING TO AGREEMENT 21-5040 WITH THE CALIFORNIA DEPARTMENT OF SOCIAL SERVICES FOR LEGAL CONSULTATION AND LEGAL REPRESENTATION IN ADMINISTRATIVE ACTION APPEALS ASSOCIATED WITH THE RESOURCE FAMILY APPROVAL PROGRAM.
EQUITY IMPACT STATEMENT
The County of San Diego Health and Human Services Agency, Child Welfare Services (CWS) Resource Family Approval (RFA) Program has received over 4,416 applications for potential resource families since its inception in January 2017. The RFA process improves the way caregivers (related and non-related) of children in foster care are approved and prepared to parent vulnerable children, whether temporarily or permanently.
As of November 2021, there are 2,231 youth in out of home care, which includes 1,617 Black, Indigenous, and People of Color (BIPOC) youth. CWS actively recruits resource families that are representative of the youth in out of home care by partnering with faith-based and community organizations. CWS provides a comprehensive overview of the temporary and permanent placement options for applicants by presenting the information at in-person events, on local news outlets, and a dedicated website.
The number of RFA placement denials from January 2017 to December 2021 is broken down by ethnicity in the table below, which includes a total of 132 placement denials. To ensure just and equitable opportunities for applicants of the resource family home approval process, CWS partners with nonprofit entities to provide items such as beds, dressers, pool fences and other needed household items that could present barriers to prospective resource families completing the approval process.
|
Year |
African American/Black |
White |
Hispanic |
Asian/ Pacific Islander |
American Indian |
Unknown |
Decline to state |
Multiple ethnicity |
Total |
|
2017 |
60% (3) |
40% (2) |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
100% (5) |
|
2018 |
19% (7) |
50% (18) |
14% (5) |
3% (1) |
N/A |
N/A |
3% (1) |
11% (4) |
100% (36) |
|
2019* |
13% (5) |
57% (21) |
8% (3) |
N/A |
N/A |
13% (5) |
5% (2) |
3% (1) |
100% (37) |
|
2020 |
19% (7) |
31% (11) |
19% (7) |
3% (1) |
3% (1) |
14% (5) |
N/A |
11% (4) |
100% (36) |
|
2021 |
28% (5) |
33% (6) |
28% (5) |
N/A |
N/A |
11% (2) |
N/A |
N/A |
100% (18) |
|
Total |
20% (27) |
44% (58) |
15% (20) |
2% (2) |
1% (1) |
9% (12) |
2% (3) |
7% (9) |
100% (132) |
*Due to rounding the total does not equal 100%.
The California Department of Social Services (CDSS) Legal Division created the regulations for the RFA Program and has the most expertise and experience in this area. Therefore, having the CDSS Legal Division provide free legal representation ensures strong legal guidance for CWS and the San Diego County Probation Department. By utilizing the CDSS Legal Division it also creates a transparent, consistent process for applicants during rescissions and denials.
FISCAL IMPACT
There is no fiscal impact associated with these recommendations. There will be no change in net General Fund costs and no additional staff years.
BUSINESS IMPACT STATEMENT
N/A
Details
ADVISORY BOARD STATEMENT
This item was presented as an informational item to the Child and Family Strengthening Advisory Board on March 11, 2022 and to the Foster Care Services Advisory Board on February 10, 2022.
BACKGROUND
Senate Bill 1013 (Chapter 35, Statutes of 2012) expanded on legislation sponsored by the County Welfare Directors Association in 2007 and required the implementation of a new family-focused and child-centered caregiver approval process, known as Resource Family Approval (RFA) Program. The RFA Program combined elements of the previous foster parent licensing, relative approval, and approvals for adoption and guardianship and replaced those processes with one comprehensive approval process. On January 1, 2017, the County of San Diego (County) Health and Human Services Agency, Child Welfare Services (CWS) and the San Diego County Probation Department (Probation) implemented the RFA Program as a part of the statewide Continuum of Care Reform effort to improve the experience and outcomes for children and youth in out-of-home care. The RFA process improved the way related and non-related caregivers are approved and prepared to parent vulnerable children and youth interacting with the child welfare and juvenile justice systems. The RFA Program reaffirms the commitment to serving children, youth, young adults, and families by providing supportive and loving long-term relationships that lead to stable permanent placements and improved permanent placement outcomes for children, youth, and young adults. In April 2021, CWS took the lead on all resource family approvals for both juvenile justice and juvenile dependency resource family approvals.
Under the RFA Program, if a family is denied as a resource family or the family’s prior approval is rescinded by the county administering the RFA Program, the family has a right to due process and may appeal the decision to an administrative law judge. Pursuant to Government Code section 30029.7, subdivision (a) (3), a county and the California Department of Social Services (CDSS) may enter into an agreement for the CDSS to provide services or activities related to the RFA Program. Agreement 21-5040 would permit the CDSS Legal Division to act as the sole legal representative on behalf of the County for all matters related to appeals of a RFA denial or rescission, at no cost to the County. The CDSS Legal Division created the regulations for the RFA Program and has the most expertise and experience in this area. Therefore, having the CDSS Legal Division provide free legal representation ensures strong legal guidance for CWS and Probation. Without this agreement, the County would likely need to hire and train additional attorneys to provide these specialized, mandated legal services. Currently, the CDSS Legal Division represents all 58 counties in California in order to create transparent, consistent program administration across the State.
With the CDSS providing these legal services at no cost to the County, there is no fiscal impact associated with the agreement. Agreement 21-5040 details the roles and responsibilities of the CDSS and County in RFA denial or rescission actions, as well as the terms and conditions for this legal representation. In addition, the CDSS has requested that the San Diego County Board of Supervisors (Board) adopt a resolution authorizing the Agency Director, HHSA, and the County Counsel to enter into and sign Agreement 21-5040 with the CDSS.
On May 19, 2020 (10), the Board authorized the Agency Director, Health and Human Services Agency and the County Counsel to enter into and sign Agreement 19-5062 with the CDSS. This agreement permitted legal representation in administrative action appeals associated with the RFA for the period of January 1, 2019 through June 30, 2021 (initial Agreement 16-5042, in place from January 1, 2017 through June 30, 2019). From 2017 to December 2021, the CDSS provided 315 legal consults related to the RFA Program. Additionally, during this time, the CDSS provided legal representation on 171 rescission and denial cases. Examples of reasons for recission and denial might include failure to complete required training, physical inability to provide care/supervision, failure to make necessary changes to the home to ensure there are no safety hazards, and convictions for State or federally non exemptible crimes. Agreement 19-5062 expired on June 30, 2021 and a new agreement is required. There has been no disruption in the provision of legal services from the CDSS and the CDSS continues to provide legal services free of charge while Agreement 21-5040 is in the process of being executed for the period of July 1, 2021 through June 30, 2024.
The agreement with CDSS provides an array of comprehensive services. Each county may choose the services they would like the CDSS to provide for them. For the County, the only service chosen was Legal Consultation and Legal Representation on Appeals. The services not chosen were Family Evaluation, Complaint Investigations, and Home Health and Safety Assessment. These are functions already being conducted by CWS; therefore, assistance from the CDSS on these particular matters is not needed.
Today’s actions request authorization for CWS and Probation to receive legal representation from the CDSS Legal Division on all RFA related appeals for the period of July 1, 2021 through June 30, 2024. If approved, today’s actions will continue the Board’s strong commitment to improving services and outcomes for children and youth interacting with the child welfare and juvenile justice systems.
LINKAGE TO THE COUNTY OF SAN DIEGO STRATEGIC PLAN
Today’s proposed action supports the Live Well San Diego vision and aligns with the County of San Diego’s 2022-2027 Strategic Plan initiative of Community (Quality of Life and Communication) by improving outcomes for children and youth interacting with the child welfare system and by creating proactive communication that is accessible and transparent to best serve the needs of our diverse communities.
Respectfully submitted,
HELEN N. ROBBINS-MEYER
Chief Administrative Officer
ATTACHMENT(S)
Attachment A - State of California Department of General Services Standard Agreement 21-5040
Attachment B - A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO RELATING TO AGREEMENT 21-5040 WITH THE CALIFORNIA DEPARTMENT OF SOCIAL SERVICES FOR LEGAL CONSULTATION AND LEGAL REPRESENTATION IN ADMINISTRATIVE ACTION APPEALS ASSOCIATED WITH THE RESOURCE FAMILY APPROVAL PROGRAM