BILL ANALYSIS
AB 595
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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
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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