AMENDED IN ASSEMBLY JUNE 10, 2025
AMENDED IN SENATE MARCH 27, 2025
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
97
Introduced by Senator Weber Pierson
February 18, 2025
An act to add Chapter 7.5 (commencing with Section 16590) to Part 4 of Division 9 of the Welfare and Institutions Code, relating to child welfare.
Vote: majority Appropriation: no Fiscal committee: yes Local program: no
LEGISLATIVE COUNSEL’S DIGEST
Existing law establishes the jurisdiction of the juvenile court, which may adjudge children to be dependents of the court under certain circumstances, including when the child suffered or there is a substantial risk that the child will suffer serious physical harm, or a parent fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law also establishes a system of child welfare services provided to children alleged to be the victims of child abuse, neglect, or exploitation, and defines “child welfare services” for these purposes to mean public social services that are directed toward the accomplishment of various purposes, including protecting and promoting the welfare of all children, and includes, among other services, emergency response services and family maintenance services.
This bill would, subject to an appropriation by the Legislature, require the State Department of Social Services to establish and implement the Family Advocacy Pilot Program for 3 years to provide grants to qualified organizations, as defined, to provide (1) prevention legal services designed to prevent the filing of a petition in a juvenile court or stabilize a family who is at risk of receiving child welfare services, or in cases in which a report regarding a family has been made to the county child welfare department or a tribal agency, as specified, (2) direct assistance by an interdisciplinary team for families who are at risk of child welfare services or in cases in which a report regarding a family has been made to the county child welfare department or a tribal agency and (3) legal training or technical assistance to other qualified organizations providing prevention legal services or direct assistance by an interdisciplinary team. The bill would require the department to submit a report to the Legislature evaluating the effectiveness of the program, as specified.
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares that for many families who come to the attention of the county child welfare department, the provision of early, high-quality legal representation can help stabilize families and prevent unnecessary family separation and foster care placement.
SEC. 2.
Chapter 7.5 (commencing with Section 16590) is added to Part 4 of Division 9 of the Welfare and Institutions Code, to read:
Chapter 7.5. Prevention Legal Services
(a) Subject to an appropriation by the Legislature in the annual Budget Act or another statute for this purpose, the State Department of Social Services shall establish and implement the Family Advocacy Pilot Program for three years to provide grants, as described in Section 16590.1, to qualified organizations.
(b) On or before July 1, 2026, the department shall, in consultation with lived experience experts, advocates, dependency attorneys, tribes, civil legal-aid legal aid organizations, and community-based
organizations, develop parameters and an implementation plan to distribute grants pursuant to this chapter.
(c) The department shall may seek federal reimbursement through Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.), Temporary Assistance for Needy Families block grant, and any other applicable federal funding to the maximum extent possible for any prevention legal services provided pursuant to this chapter. Any costs that are reimbursed shall be used to supplement, and not supplant, the funds appropriated by the Legislature for the program.
(d) If any counties are funding
prevention legal services programs that are providing the services described in subdivision (a) of Section 16590.1, the department shall
may seek federal reimbursement through Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.), Temporary Assistance for Needy Families block grant, and any other applicable federal funding to the maximum extent possible. Any costs that are reimbursed shall be used to supplement, and not supplant, the funding available in that county for prevention legal services.
(a) The department shall provide grants pursuant to this chapter to qualified organizations to provide one or more of the following services, as determined by the department:
(1) Prevention legal services designed to prevent the filing of a petition in a juvenile court or stabilize a family that is at risk of receiving child welfare services, as defined in Section 16501, or in cases in which a report regarding a family has been made to the county child welfare department or a tribal Title IV-E agency. Prevention legal services may include, but are not limited to, navigating an investigation by the county welfare department or a tribal Title IV-E agency, obtaining a restraining order, formalizing safe custody or visitation arrangements, obtaining immigration relief for survivors of domestic violence, obtaining or maintaining public benefits, improving a family’s housing stability, reducing barriers to reentry for those who have had involvement with the criminal legal system, accessing health care and coverage, addressing education barriers, and handling probate guardianship matters.
(2) Direct assistance by an interdisciplinary team, including, but not limited to, a social worker, case worker, parent partner, and peer advocate, for families who are at risk of child welfare services, as defined in Section 16501, or in cases in which a report regarding a family has been made to the county child welfare department or a tribal Title IV-E agency. Assistance by the interdisciplinary team may include, but is not limited to, navigating an investigation by the county child welfare department or a tribal Title IV-E agency, and accessing services related to substance use, mental health counseling, domestic violence, education, housing, employment, childcare, immigration, and public benefits.
(3) Legal training or technical assistance to other qualified organizations providing the services described in paragraphs (1) and (2).
(b) All services provided by qualified organizations under a grant provided pursuant to this chapter shall be free to the recipients of the services.
(c) (1) For the purposes of this chapter, “qualified organization” includes both of the following:
(A) A legal aid or community-based nonprofit or tribal organization that has a minimum of three years of experience providing legal services to low-income Californians.
(B) A legal service organization providing legal training and technical assistance that has a minimum of seven years of experience conducting dependency legal services and technical assistance training.
(2) Priority shall be given to qualified organizations that have been providing prevention legal services to families who are at risk of receiving child welfare services, as defined in Section 16501, for a minimum of two years.
(a) At the conclusion of the three-year program, the department shall submit a report to the Legislature evaluating the effectiveness of the program.
(b) The report shall not contain any personal identifying information about any person or family that participated in the program.
(c) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.