DEPARTMENT OF SOCIAL SERVICES
CDSS 744 P Street + Sacramento, CA 95814 + wnw.cdss.ca.gov
KIM JOHNSON GAVIN Newsom
DIRECTOR GOVERNOR,
May 21, 2020
Mr. Daniel Littie, Acting Director
Department of Family and Children's Services
373 W. Julian Street, Ste 500
San Jose, CA 95110-2335
Sent via E-mail to Daniel. Little@ssa.scogov.ora
SUBJECT: RECEIVING ASSESSMENT AND INTAKE CENTER (RAIC) / LICENSING
COUNTY RESIDENTIAL CARE FACILITIES.
The California Department of Social Services (CDSS) writes to express its concern
regarding Santa Clara County's (County) use of unlicensed residential care to house
children in its child welfare system. Specifically, after less than a year of operating the
Receiving, Assessment and Intake Center (RAIC) as a licensed facility, the County has
closed the RAIC and resumed use of unlicensed care for its children and youth. As the
single state agency responsible for the oversight of Child Welfare Services in California
and licensure of children’s residential facilities, CDSS hereby notifies the County that
the current arrangement is unlawful and must cease.
Even before closing the RAIC, the County Department of Family and Children’s
Services (DFCS) began using unlicensed facilities, specifically its former assessment
center location Keiki House, for residential care of children, More recently, DFCS
disclosed that it has been using apartments and/or houses throughout the county where
children reside supervised by county staff. CDSS’ Community Care Licensing Division
‘CCLD) has received complaints about the care and supervision in these unlicensed
facilities. Neither Keiki House nor these other locations comply with California licensing
ot child welfare laws,
This is not a new issue for the County. CDSS has previously notified the County that
the RAIC was an unlicensed children’s residential facility and, as such, its operation
would need to stop. (Attachment A, August 9, 2016 Letter to Director Bob Menicocci.)
Since then, the CDSS worked with the County to end the use of unlicensed residential
care for children in care by licensing the RAIC on May 24, 2019. (Attachment B,
Transitional Shelter Care Facility License.) All County Letter (ACL) 17-32 makes clear
that county facilities are required to get licensed if a county or county contractor
provides care and supervision at that facility to children who have been taken into
protective custody or who are between placements regardless of any individual child's
length of stay. Prior to issuing the RAIC license, the CDSS and the County signed an
agreement that the County would cease use of unlicensed residential care for children,Mr. Daniel Little, Acting Director
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would abide by the Operating Standards on which the RAIC license was based, and
would work to end the need for a transitional shelter care facility by the end of the three-
year term of the license. (Attachment C, Essential Terms of Agreement between CDSS
and County [Essential Terms Agreement].)
Additionally, the Essential Terms Agreement provided that the County “make diligent
efforts to increase its home-based and short-term residential therapeutic program
capacity and services to support higher needs children in home-based care in order to.
eliminate the need to renew the RAIC license at the end of the three-year license term.”
(Essential Terms Agreement, para. 8.) The County also agreed to “develop services
sufficient to meet the needs of all dependent children in the County's jurisdiction.”
(Ibid.) Given that the RAIC is closed and the County is using unlicensed care to house
its youth, the CDSS concludes that the County has failed to meet both the specific
provisions and aspirational goals in the Essential Terms Agreement.
Moreover, the County has been unable to articulate a specific plan for placing children
in licensed residential care or approved homes. In January 2020, the County submitted
an outline of a plan to the CCLD that indicated the County intends to use scattered sites
(apartments and/or homes) leased by the County where either County staff or
caregivers supervised by local Foster Family Agencies would provide supervision. This
scattered site plan does not fall within any known licensing category.
Because the County has failed and continues to fail o ensure that children are placed in
licensed or approved homes, the CDSS asks that the County provide a detailed plan
within 30 days of the date of this letter as to how the County will eliminate the use of
non-approved or unlicensed residential care for all children in care. The plan must also
contain short- and long-term strategies for establishing and maintaining adequate
placement resources consistent with licensing requirements and applicable law.
To assist in the County's efforts, we will be scheduling a meeting with you. If you have
any questions you may reach Ms. Dickfoss at (916) 657-2346 or Mr. Rose at (916) 657-
2614.
Sincerely, .
PAMELA DICKFOSS - {fe ROSE
Deputy Director Deputy Director
Community Care Licensing Division Children and Family Services Division
Enclosure