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RAIC

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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 Page 2 of 2 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

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