Free Motion for Summary Judgment - District Court of California - California

Case 3:07-cv-05086-WHA

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1 EDMUND G. BROWN JR. Attorney General of the State of California 2 SUSAN M. CARSON Supervising Deputy Attorney General 3 GEORGE PRINCE, State Bar No. 133877 Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 4 San Francisco, CA 94102-7004 Telephone: (415) 703-5749 5 Fax: (415) 703-5480 6 7 Attorneys for Defendants 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 I, Debra Williams, declare as follows: 1. I am employed by the California Department of Social Services (CDSS). My current v. JOHN A. WAGNER, Director of the California Department of Social Services, in his official capacity; GREG ROSE, Deputy Director of the Children and Family services Division of the California Department of Social Services, in his official capacity, Defendants. CALIFORNIA STATE FOSTER PARENT ASSOCIATION, CALIFORNIA STATE CARE PROVIDERS ASSOCIATION, and LEGAL ADVOCATES FOR PERMANENT PARENTING, Plaintiffs, C 07-5086 WHA DECLARATION OF DEBRA WILLIAMS IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

24 position is Bureau Chief, Foster Care Rates Bureau, in the Foster Care Audits and Rates Branch. I 25 have held this position since January 2008. 26 2. The Foster Care Rates Bureau of the California Department of Social Services is

27 responsible for overseeing statewide policies related to applicable Adoption Assistance and Child 28 Welfare Act of 1980 (P.L. 96-272) and Title IV-E eligibility provisions, revisions, and maintenance
Decl. of Debra Williams iso Mtn. for Summary Judgment California State Foster Parent Association, et al. v. Wagner C 07-5086 WHA

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1 of California's State Plan under Title IV-E, and providing technical assistance and oversight of 2 eligibility and funding aspects of the foster care program administration in all 58 counties of 3 California. 4 3. From April 2006 until I took my current position, I was a Supervising Governmental

5 Auditor I (SGA I) in the Policy and Support Unit, Program and Financial Audits Bureau, which is 6 within the Foster Care Audits and Rates Branch of CDSS. As the manager of the Policy and Support 7 Unit, my duties included supervising and providing policy development and support for program, 8 financial and fiscal audits; audit activities; quality control and the hearing process for group home 9 and foster family agency audits; regulation development; corresponding legislative and budget 10 activities; Title IV-E overpayment and collection activities; and staff and provider technical 11 assistance and training implementation of federal and state laws relating to group home and foster 12 family agency audits. This included formulating state regulations and setting administrative policies 13 and procedures for the audit of programs receiving Aid to Families with Dependent Children ­­ 14 Foster Care (AFDC-FC) funds. 15 4. From September 2004 until April 2006 I was an Associate Governmental Program

16 Analyst (AGPA) in the Rates Policy Unit of the Foster Care Rates Bureau of the Foster Care Audits 17 and Rates Branch. In that position I provided policy and program support and analyses in the Foster 18 Care Audits and Rates Branch of the Foster Care Policy Unit. My duties included review and 19 monitoring of county claims for burial and funeral expenses for foster care children; assistance to 20 counties regarding rates and placement of foster care children who are also Regional Center Clients; 21 and assistance to the public, state and local government in understanding the foster care rate system 22 and foster care policy. In addition, I developed Legislative Proposals, Budget Change Proposals 23 (BCPs), Spring Finance Letters (SFLs) program summaries and conducted bill analyses. Between 24 September 2001 and September of 2004 I worked in the private sector. 25 5. From March 2001 until September 2001 I held a temporary, limited-term position as a

26 Staff Services Manager I with the Employment Bureau of the Welfare-to-Work (WtW) Division 27 providing coordination, collaboration and technical assistance to enhance local expenditure of 28 federal and state funds specifically for those clients who meet CalWORKS eligibility for the WtW
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1 program. 2 6. From April 1998 until March 2001 I was a General Auditor III in the Program and

3 Financial Audits Bureau, which is within the Foster Care Audits and Rates Branch of CDSS. In that 4 position I performed program and fiscal audits of group homes and foster family agencies caring for 5 foster children in residential facilities. 6 7. From 1991 until April 1998 I served as an AGPA in the Foster Care Policy Bureau in the

7 Foster Care Audits and Rates Branch, providing technical assistance to pilot counties participating 8 in the "Options for Recovery" perinatal pilot program. I developed experience in policy

9 development and providing technical assistance to counties relating to various foster care programs. 10 8. The United States Department of Health and Human Services' (HHS) Administration for

11 Children and Families provides oversight of state child welfare services and foster care programs. 12 The Department issues regulations and policy, conducts compliance reviews and child welfare 13 services and foster care funds to the state. The federal government develops and implements 14 national policy by issuing regulations, overseeing states' performance, and conducting compliance 15 audits. It also allocates federal funds for child welfare and related programs to state, county, city, 16 and tribal governments, and to public and private local agencies. 17 9. CDSS is California's state agency responsible for child welfare services. CDSS

18 supervises California's 58 counties' administration of child welfare services and foster care 19 programs through statute, regulations, policy, and compliance reviews. CDSS also allocates federal 20 and state funds to the State's counties. 21 10. I am informed and therefor believe that the Adoption Assistance & Child Welfare Act

22 was enacted in 1980, and that this Act created a categorical funding stream for out-of- home board 23 and care, and maintained the basic goal of protecting children, but established a preference for 24 family maintenance or reunification and an expectation that services would be provided to prevent 25 unnecessary out-of-home placement. I am also informed and therefore believe that California

26 Senate Bill (SB) 14 (Chapter 978) in 1982 revised California's system to conform to the federal 27 Adoption Assistance and Child Welfare Act. 28 11. California's foster family home rates are set by the State's Legislature, as set forth in
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1 Welfare and Institutions Code section 11461, and changes to those rates are made by the Legislature 2 by amendments to that statute. 3 12. Foster care is an entitlement program funded by federal, state, and local governments.

4 For foster children who meet federal eligibility requirements, the State receives approximately 50% 5 reimbursement for federally allowable foster care activities under Title IV-E. California's 58 6 counties pay 60 percent, and the State pays 40 percent, of the non-federal share of cost. 7 13. Federal reimbursement funding to states is conditional upon States meeting the

8 requirements of Title IV-E of the Child Welfare Act. The federal government does not prescribe 9 a particular system for payment of costs for children placed in foster family homes, nor does it set 10 any particular method for determining how costs are to be measured, set or calculated. However, the 11 State is required to submit a plan that identifies the state law that meets the federal requirements. 12 The plan is submitted with a certificate of compliance, which ensures compliance with federal 13 requirements, to the appropriate federal regional office. 14 14. California's Title IV-E State Plan consists of a compilation of California statutes,

15 regulations, All County Letters (ACLs), All County Information Notices (ACINs), County Fiscal 16 Letters (CFLs) and other documents that implement federal requirements and instructions for the 17 federal foster care program, which must be followed in order for the State to claim Federal Financial 18 Participation (FFP) in payments made under the program. CDSS amends California's IV-E State 19 Plan when HHS issues new federal requirements, changes existing federal regulations, or when a 20 new State requirement as the result of law or court order substantially affects the State's foster care 21 program. Updates to the IV-E State Plan that are submitted to HHS in response to such 22 requirements or instructions include any new statutes, regulations and ACLs that came into effect 23 since the previous update. Any changes to the State Plan must be approved by Region IX of HHS, 24 the regional division of HHS that oversees the agencies activities in California and several other 25 states. 26 15. The customary practice at CDSS in preparing ACLs that substantially change the way

27 California claims FFP in the foster care program is for CDSS to provide drafts to, and consult 28 informally with, Region IX HHS staff about the contents of a proposed ACL. The purpose of the
Decl. of Debra Williams iso Mtn. for Summary Judgment California State Foster Parent Association, et al. v. Wagner C 07-5086 WHA

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1 consultation is to ensure that the ACL will ultimately be approved by HHS as an amendment to our 2 IV-E State Plan. If Region IX indicates disagreement with the contents of the ACL, attempts are 3 made to address the concerns raised by changing the contents of the ACL. 4 16. California's most recent substantial IV-E State Plan amendment was submitted to HHS

5 in 2007. The portion of the State Plan dealing with foster family home rates has been approved by 6 the HHS. There have been no denials of any IV-E State Plan relating to the setting of rates for foster 7 family homes by HHS at any time. 8 17. This declaration is based on personal knowledge, except where indicated to be based on

9 information and belief. Where so indicated, I an informed and believe the matters there stated are 10 true. If called to testify in this action, I could and would competently testify to the matters set forth 11 herein. 12 I declare under penalty of perjury that the foregoing is true and correct, and that this

13 declaration was executed electronically, at my request, on September 11, 2008, while I was in 14 Sacramento, California. 15 16 17 18 GENERAL ORDER 45 ATTESTATION I, George Prince, am the ECF user whose ID and password are being used to file this request for an order. In compliance with General Order 45, X.B., I hereby attest that declarant Debra 20 Williams has concurred in the filing of this document with her electronic signature. 19 21 22 George Prince 23 24 25 26 27 28
Decl. of Debra Williams iso Mtn. for Summary Judgment California State Foster Parent Association, et al. v. Wagner C 07-5086 WHA

/s/ Debra Williams DEBRA WILLIAMS

Dated: September 11, 2008 /s/ George Prince

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