BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 595
                                                                  Page  1

          Date of Hearing:   May 20, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                 AB 595 (Adams) - As Introduced:  February 25, 2009 

          Policy Committee:                              Human  
          ServicesVote:7 - 0 

          Urgency:     Yes                  State Mandated Local Program:  
          Yes    Reimbursable:              Yes

           SUMMARY  

          This bill ensures continuation of federal funding by conforming  
          state law to federal law requiring background checks and by  
          prohibiting persons convicted of specified offenses from  
          becoming foster or adoptive parents.  Specifically, this bill: 

          1)Prohibits the Department of Social Services (DSS) or other  
            approving authority from issuing a license or certificate of  
            approval to any foster family home or certified family home  
            applicant who has not obtained both a California and an FBI  
            criminal record clearance or an authorized exemption.

          2)Provides that under no circumstances shall DSS grant an  
            exemption issuing a license or certificate of approval for a  
            foster care placement in any home where the foster family  
            applicant or certified family home applicant, or any other  
            person, as specified, in those homes has a felony conviction  
            for either:

               a)     Child abuse or neglect, spousal abuse, crimes  
                 against a child, including child pornography, or for a  
                 crime involving violence, as defined.

               b)     Physical assault, battery, or a drug- or  
                 alcohol-related offense, occurring within the last five  
                 years.

          1)Provides that a licensee's failure to comply with the  
            prohibition of employment, contact with clients, or presence  
            in the facility, as required, shall result in a citation and  
            an immediate assessment of civil penalties of $100 per  








                                                                  AB 595
                                                                  Page  2

            violation per day.

          2)Repeals the January 1, 2010 sunset date on provisions  
            establishing safeguards for children placed in the home of a  
            relative or any prospective guardian or other person who is  
            not a licensed or certified foster parent and allowing DSS to  
            delegate criminal background check exemption authority to  
            counties so that they may continue to issue criminal records  
            exemptions in accordance with state and federal law.
           
          FISCAL EFFECT  

          1)The 2009-2010 budget contains $658,000 ($295,000 GF) for the  
            activities required for the state to conform to the federal  
            Adam Walsh Child Protection and Safety Act of 2006.

          2)Absent this bill (with the exception of the sunset extension),  
            the state risks losing almost $2 billion in Title IV-E federal  
            foster care funding. 

          3)The 2009-10 budget contains $21 million ($9.2 million GF) for  
            the relative approval process that is scheduled to sunset on  
            January 1, 2010. 

           COMMENTS  


           1)Rationale  . This urgency bill, sponsored by DSS, will bring  
            California into compliance with federal child welfare laws and  
            regulations. Last year, a number of federal conformity changes  
            were enacted through the passage of AB 2651 (Aghazarian;  
            Chapter 701, Statutes of 2008), but a few were inadvertently  
            chaptered-out by the budget trailer bill.


            In addition, this bill removes a sunset date for DSS' current  
            relative approval process that allows children to be placed  
            quickly with relatives in the event that they are removed from  
            their homes due to abuse and/or neglect. 


           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916)  
          319-2081