BILL NUMBER: AB 3047 CHAPTERED 09/03/02 CHAPTER 350 FILED WITH SECRETARY OF STATE SEPTEMBER 3, 2002 APPROVED BY GOVERNOR AUGUST 31, 2002 PASSED THE ASSEMBLY AUGUST 15, 2002 PASSED THE SENATE AUGUST 12, 2002 AMENDED IN SENATE JUNE 10, 2002 INTRODUCED BY Committee on Human Services (Aroner (Chair), Dutra, Liu, and Simitian) MARCH 14, 2002 An act to amend Section 1596.95 of the Health and Safety Code, and to amend Sections 4503, 13600, and 13601 of, and to repeal Sections 4402 and 4403 of, the Welfare and Institutions Code, relating to human services. LEGISLATIVE COUNSEL'S DIGEST AB 3047, Committee on Human Services. Human services. Existing law requires that any person who desires issuance of a license for a day care center or a special permit for specialized services in a day care center shall submit an application that includes certain information, including evidence that the applicant has posted signs at the point of entry to the facility that includes a statement that children under the age of 4 years or weighing less than 40 pounds must be in an approved child passenger restraint system and that a person may be cited for a violation of the child passenger restraint system provisions and that the person's insurance rates may be adversely affected. This bill would revise those requirements as to the contents of the posted sign. Existing law defines "State Department of Health" and "Director of Health" for certain purposes. This bill would delete these provisions. Existing law establishes rights of persons committed to a community care facility, as defined. This bill would make a technical correction to the reference in the definition of a community care facility. Existing law authorizes the State Department of Social Services to grant state supplemental individual and family grants to meet disaster-related necessary expenses or serious needs of individuals or families adversely affected by any major disaster declared by the President of the United States in those cases where the individuals or families are unable to meet those expenses or needs through assistance under federal emergency provisions. This bill would remove the requirement that grants may only be made in cases of major disasters and would make technical revisions. Existing law establishes in the State Treasury, the California Individual and Family Supplemental Grant Fund, and specifies that money in the fund may be used to provide supplemental individual and family grant assistance to pay claims for individuals and families for losses or damages occurring during the incident period of a federal disaster declaration. This bill would instead specify that the fund shall be used to provide supplemental individual and family grant assistance for unmet needs. This bill would also specify that the grants are for payment of claims for losses or damages occurring during the incident period of a presidential disaster declaration. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1596.95 of the Health and Safety Code is amended to read: 1596.95. Any person desiring issuance of a license for a day care center or a special permit for specialized services in a day care center under this chapter shall file with the department pursuant to regulations, an application on forms furnished by the department, which shall include, but not be limited to, all of the following: (a) Evidence satisfactory to the department of the ability of the applicant to comply with this act and rules and regulations adopted pursuant to this act by the department. (b) Evidence satisfactory to the department that the applicant is a reputable and responsible character. This evidence shall include, but not be limited to, a criminal record clearance pursuant to Section 1596.871, employment history, and character references. If the applicant is a firm, association, organization, partnership, business trust, corporation, or company, evidence of reputable and responsible character shall be submitted as to the members or shareholders thereof, and the person in charge of the day care center for which application for issuance of license or special permit is made. (c) Evidence satisfactory to the department that the applicant has sufficient financial resources to maintain the standards of service required by regulations adopted pursuant to this act. The information shall be required only upon initial application for licensure, and when requested by the department, in writing, explaining the need for the evidence as part of the department's investigative function. (d) Disclosure of the applicant's prior or present service as an administrator, general partner, corporate officer, or director of, or as a person who has held or holds a beneficial ownership of 10 percent or more in any child day care facility or in any facility licensed pursuant to Chapter 1 (commencing with Section 1200), 2 (commencing with Section 1250), or 3 (commencing with Section 1500). (e) Disclosure of any revocation or other disciplinary action taken, or in the process of being taken, against a license held or previously held by the entities specified in subdivision (d). (f) Evidence satisfactory to the department that there is a fire escape and disaster plan for the facility and that fire drills and disaster drills will be conducted at least once every six months. The documentation of these drills shall be maintained at the facility on a form prepared by the department and shall include the date and time of the drills. (g) Evidence satisfactory to the department that the applicant has posted signs at the point of entry to the facility that provide the telephone number of the local health department and state all of the following: (1) Protect your child--it is the law. (2) All the information specified in Sections 27360 and 27360.5 of the Vehicle Code regarding child passenger restraint systems. (3) Call your local health department for more information. (h) Any other information as may be required by the department for the proper administration and enforcement of this act. (i) Failure of the applicant to cooperate with the licensing agency in the completion of the application shall result in the denial of the application. Failure to cooperate means that the information described in this section and in regulations of the department has not been provided, or not provided in the form requested by the licensing agency, or both. SEC. 2. Section 4402 of the Welfare and Institutions Code is repealed. SEC. 3. Section 4403 of the Welfare and Institutions Code is repealed. SEC. 4. Section 4503 of the Welfare and Institutions Code is amended to read: 4503. Each person with developmental disabilities who has been admitted or committed to a state hospital, community care facility as defined in Section 1502 of the Health and Safety Code, or a health facility as defined in Section 1250 of the Health and Safety Code shall have the following rights, a list of which shall be prominently posted in English, Spanish, and other appropriate languages, in all facilities providing those services and otherwise brought to his or her attention by any additional means as the Director of Developmental Services may designate by regulation: (a) To wear his or her own clothes, to keep and use his or her own personal possessions including his or her toilet articles, and to keep and be allowed to spend a reasonable sum of his or her own money for canteen expenses and small purchases. (b) To have access to individual storage space for his or her private use. (c) To see visitors each day. (d) To have reasonable access to telephones, both to make and receive confidential calls. (e) To have ready access to letterwriting materials, including stamps, and to mail and receive unopened correspondence. (f) To refuse electroconvulsive therapy. (g) To refuse behavior modification techniques which cause pain or trauma. (h) To refuse psychosurgery notwithstanding the provisions of Section 5325, 5326, and 5326.3. Psychosurgery means those operations currently referred to as lobotomy, psychiatric surgery, and behavioral surgery and all other forms of brain surgery if the surgery is performed for any of the following purposes: (1) Modification or control of thoughts, feelings, actions, or behavior rather than the treatment of a known and diagnosed physical disease of the brain. (2) Modification of normal brain function or normal brain tissue in order to control thoughts, feelings, action, or behavior. (3) Treatment of abnormal brain function or abnormal brain tissue in order to modify thoughts, feelings, actions, or behavior when the abnormality is not an established cause for those thoughts, feelings, action, or behavior. (i) To make choices in areas including, but not limited to, his or her daily living routines, choice of companions, leisure and social activities, and program planning and implementation. (j) Other rights, as specified by regulation. SEC. 5. Section 13600 of the Welfare and Institutions Code is amended to read: 13600. (a) The State Department of Social Services may provide state supplemental grants to meet disaster-related necessary expenses or serious needs of individuals and households adversely affected by any disaster declared by the President of the United States in those cases where individuals and households are unable to meet those expenses or needs through assistance under Section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (P.L. 93-288, as amended by P.L. 106-390 (42 U.S.C. Sec. 5174)), or from other sources. (b) Grants shall only be made to individuals and households determined to be eligible for the federal assistance to individuals and households program under Section 5174 of Title 42 of the United States Code and who still have unmet serious needs and have suffered losses reimbursable under that program in excess of the maximum federal grant amount. (c) The State Department of Social Services may make a grant to those individuals and households equal to the difference between the federal grant awarded and federally eligible appraised loss, not to exceed ten thousand dollars ($10,000) per individual or household. (d) Application procedures established for the administration of this chapter shall conform to the procedures required in the Robert T. Stafford Disaster Relief and Emergency Assistance Act (P.L. 93-288, as amended by P.L. 106-390). The State Department of Social Services shall ensure that applicants for relief under this chapter have exhausted all other available means of seeking relief for disaster damage prior to receiving any grants pursuant to this chapter. (e) Application procedures utilized in the administration of this chapter shall be subject to the following criteria: (1) All applications, forms, and other written materials presented to persons seeking assistance shall be available in English and in the same language as that used by the major non-English-speaking group within the disaster area. (2) Bilingual staff who reflect the demographics of the disaster area shall be available to applicants. SEC. 6. Section 13601 of the Welfare and Institutions Code is amended to read: 13601. There is hereby created in the State Treasury the California Individual and Family Supplemental Grant Fund. Moneys in the fund shall be available to pay claims from individuals and families for losses or damages occurring during the incident period of a Presidential disaster declaration for individual assistance. Any moneys appropriated to the fund by the Legislature shall be allocated to the State Department of Social Services to provide supplemental individual and family grant assistance for unmet needs. The funds shall not be used to fulfill matching fund requirements for federal disaster assistance, but shall be used to supplement the federal assistance to individuals and households program under Section 5174 of Title 42 of the United States Code. Notwithstanding Section 13340 of the Government Code, moneys in this fund are continuously appropriated, without regard to fiscal years, for the purpose of making grants pursuant to this chapter.