Free Declaration in Support - District Court of California - California

Case 3:07-cv-05086-WHA

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the foster care maintenance payments were sufficient to cover care and supervision of foster children? MR. PRINCE: Assumes facts.

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You may answer. BY MR. TABESH:
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From '99 to 2006. Whether I personally ever questioned

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that?
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Yeah. Also vague, but go ahead. You know, I was in a position

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MR. PRINCE: THE WITNESS:

through much of that time where I heard from both sides. And on balance, certainly I recognized

that there was not -- there were not appropriations always for the cost of living increase. So I acknowledged that because I simply acknowledged that my paycheck also reflected some of that not having a cost of living increase. So

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there's a reasonable person's assumption that you could get to around that. But in my position, I really didn't analyze because I didn't have those tools to analyze the appropriateness of the rate

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necessarily, one way or another. But certainly I was in enough conversations with folks about perspectives about those that suggested that it wasn't and those that suggested maybe it was. BY MR. TABESH:
Q

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Now, when you say you've heard from both

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sides and those that suggested it was and those who suggested it was, the people who suggested

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that the payments were sufficient, were they speaking about payments to group homes or -A

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Mostly.

Mostly.

Q

How about with respect to payments to

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foster family homes?
A

Foster family homes, not as much I

discussion about -- I heard more -- back up.

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heard more about proponents representing foster parents and probably be the association in this case, about the failure to keep up with the cost of living. Less about that being enough, for

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example, or more than enough; not so much in that area. Q Do you remember any of your staff

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members, particularly -- well, do you remember any of your staff members advocating for

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increases in foster care maintenance payments to foster family homes? MR. PRINCE: Assumes facts.

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You may answer. Also vague. THE WITNESS: Well, the proposal -- one of

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the proposals we talked about earlier about a schedule that would increase lower-level foster parent versus a lesser increase as you go up the care, level of care, certainly we talked about it in that context. about that. BY MR. TABESH: Q A well. Do you remember which staff members? I think Greg Lim was part of that as He was the primary staff person on the So I would say yes, we did talk

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rates policy side, which is probably why he's the only name I can really remember. MR. TABESH: the tape? THE VIDEOGRAPHER: MR. TABESH: break for lunch? MR. PRINCE: MR. TABESH: That's fine. We won't be going to 4:30. About seven minutes. How much time do we have left on

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Do you want to take a short

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THE VIDEOGRAPHER: MR. TABESH: Yeah.

Change tapes?

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THE VIDEOGRAPHER: Videotape Number 1.

This is the end of Off the record at 12:48.

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(Luncheon recess was taken from 12:48 p.m. to 1:39 p.m.) THE VIDEOGRAPHER: Videotape Number 2. break. This is the beginning of Returning from our lunch

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Back on the record at 1:39.

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BY MR. TABESH:
Q

Good afternoon, Mr. Freitas. Hi. Are you aware of any task force

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promulgated by the TSS in the early to mid-2000 done for the purpose of reviewing the foster care system?
A

Not the entire foster care system.

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There was a task force that looked at the role of group care in the foster care system. But I

don't recall the entire foster care, you know, in that context.
Q

So the task force was specific to group

homes?
A

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It was specific to group homes.

The

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role group home providers have and responsibility

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It was

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and care for children under their charge.

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basically a reexamination of group care and it was prompted by Senate Bill, it was 933, that had passed -- I forget the year, but I think late '90s.
Q
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When the senate bill passed? Yes. How long did the task force study the

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problem or study the issue?
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Probably a year and a half.

it had already begun when I started in 1999 in the division.
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Okay. And then that gave way to some

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examination of the rate system tied to group care as well. Although, as I recall, that report was

sort of less than conclusive about what a new rate system should look like. It essentially

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made some recommendations that called for continued examination of the rate system.
Q

Did the task force make any

investigations into the adequacy of rates paid to foster family homes?
A

Not that I recall. Did it have anything to do with foster

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No, it was aimed at group care. Group care. And this is the only task is this the

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force that you remember in the only task force that you remember?
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Related to rates. Related to rates? Yes. What other task force can you recall

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during the -A

During '99-2006? Yeah. During the early 2000's, our

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deputy director at the time oversaw child welfare services' redesign effort and that included a number of stakeholders and work group meeting to look at improving child welfare across the state. And they broke it up into a number of areas, topical areas, and they produced probably four reports from a preliminary process report up to a final report, and I believe all of those are posted on our website. And some of those

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recommendations out of that effort have been, in fact, adopted by the state.

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MR. PRINCE:

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Objection.

Foundation.

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You may answer. THE WITNESS: don't know. BY MR. TABESH:
Q

I don't know.

Typically,

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Are you aware of counties ever paying

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higher rates?
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Not that I can specifically say.

I know

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that option is available, but I don't know which counties take that option or don't.
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Well, without naming which counties do

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or don't, are you aware that some counties have taken that option?
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Not specifically, no. Okay. And I would point out that the first

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paragraph on that same page carries the same rate adjustment by half as the other letter did.
Q

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Right.

Right.·

I just want to go over a

topic we had touched -- we discussed a little bit before, I just want to follow up on a few things. We were talking about federal oversight of the DSS, and I had asked about audits and reviews. But I'm also wondering, are you aware

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of any instances where somebody from your department went forward to the federal government to indicate that the rates paid to foster family providers are not keeping up with the cost of living increases?
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From my department? From the DSS. Not that I'm aware of. Would it surprise you if anyone had done

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Q

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that? MR. PRINCE: assumes facts. You may answer. THE WITNESS: Would it surprise me? It might Objection. Argumentative,

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surprise me, but folks in my department can certainly do what they choose to do on their own time as not representing the department, so you have that responsibility, but probably not in the context of representing the department. that I am aware of. BY MR. TABESH:
Q

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None

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Could they have done so as a

representative of the department? MR. PRINCE: Objection. Calls for

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conjecture, hypothetical.

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THE WITNESS:

Could they have done so?

They

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wouldn't have been authorized to do so. BY MR. TABESH:
Q

That's what I mean.

Could they have

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been authorized to do so?
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Not by me. So are you aware of any instance where

Q

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the federal government was informed that the foster care maintenance payments to foster family homes were not increasing commensurate with the cost of living? MR. PRINCE: and answered. You can go ahead and answer again. THE WITNESS: Recent federal review of the Objection. Vague. May be asked

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state on the performance and outcomes in child welfare included interviews with ·stakeholders. BY MR. TABESH:
Q
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Okay. And I sat in on some of those interviews

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with stakeholders at the state level and certainly representatives on behalf of foster parents, group home providers, other providers did speak with federal officials and advised them that they had not received COLAs and that this

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Have any studies been done to indicate how dramatically the rates would be reduced for foster family homes? MR. PRINCE: for and vague. Objection. Excuse me. Argumentative, calls

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BY MR. TABESH:
Q

Did you understand the question?
l I m not sure
--

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try it again.

Has your department made a determination

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of what the actual reduction in rates to -- of foster care maintenance payments to foster family homes will be as a result of these budget cuts?
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Mathematically you mean? Yes. What the new rates levels would look

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like?
Q
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Yeah. I'm certain we have. Do you know if you sent them out in an

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Q

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all-county letter or an all-county information notice yet?
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We wouldn't have because they wouldn't

yet be effective.
Q

Okay.

Do you know why there was a

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budget cut for foster family homes?

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All state agencies were asked to take a we are

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cross-the-board reduction proposal for

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talking about 2008-2009 budget year, right?
Q
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Yes.

Yes, we are.

We are asked to take across-the-board

reduction of their programs that contain general fund and this is one of our programs that contains general fund.
Q

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Was there any discretion on your

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department's part as to, you know, as to how much of a hit each part of your department would take or each program would take?
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Well, if there was, no one advised me. So you're not aware of that.

Q

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(Exhibit 30 was marked for identification.) BY MR. TABESH:
Q
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Do you recognize this document?
I

do.

Q
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What is this document? A letter from the federal government

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reporting -- well, let me make sure before I -Q
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Sure. Yeah.

Take your time, please. This is a letter from the federal

government announcing the results of the Title IV-E review of foster care cases in California,

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