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