BILL NUMBER: AB 1905	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Cook
   (Coauthors: Assembly Members Adams and Emmerson)

                        FEBRUARY 16, 2010

   An act to add Section 11402.4 to the Welfare and Institutions
Code, relating to foster care, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1905, as introduced, Cook. Foster care: funding: placement
approvals.
   Existing law establishes the Aid to Families with Dependent
Children-Foster Care (AFDC-FC) program, under which counties provide
payments to foster care providers on behalf of qualified children in
foster care. The program is funded by a combination of federal,
state, and county funds, with moneys from the General Fund being
continuously appropriated to pay for the state's share of AFDC-FC
costs.
   Existing law requires a child to be placed in one of 8 placement
categories in order to be eligible for AFDC-FC payments, including
the approved home of a relative or a nonrelative extended family
member. In addition, existing law requires, except as specified, that
the standards used to determine suitability of relative and
nonrelative extended family member placements be the same standards
set forth in the regulations for the licensing of foster family
homes.
   Existing law, the California Community Care Facilities Act,
provides for the licensure and regulation of community care and
residential facilities by the State Department of Social Services,
including specified inspection authority for specific categories of
facilities, including licensed foster family homes. Existing law
excludes relative and nonrelative extended family member placements
from the act. However, existing law also requires, with specified
exceptions, that the standards used to determine suitability of
relative and nonrelative extended family member placements be the
same standards set forth in the regulations for the licensing of
foster family homes.
   The Community Care Facilities Act requires every licensed
community care facility to be subject to unannounced visits by the
department, as often as necessary to ensure the quality of care
provided.
   This bill would require the approval of an approved home of a
relative or nonrelative extended family member for which reapproval
is pending subject to a departmental reassessment visit, as
specified, to remain in full force and effect during the reapproval
process, and would prohibit payment to the approved home of a
relative or nonrelative extended family member from being delayed or
terminated solely due to late completion of the annual visit and
reapproval, including any required corrective action plan.
   To the extent that it would increase AFDC-FC payments to certain
relative and nonrelative extended family members under some
circumstances, this bill would make an appropriation. Additionally,
by increasing duties of counties administering the AFDC-FC program,
the bill would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11402.4 is added to the Welfare and
Institutions Code, to read:
   11402.4.  Notwithstanding any other provision of law, with respect
to an approved home of a relative or nonrelative extended family
member for which reapproval is pending subject to a reassessment
visit conducted pursuant to Section 1534 of the Health and Safety
Code or any other applicable law or regulation, the relative or
nonrelative extended family member home's approval shall remain in
full force and effect during the reapproval process. Payment to the
relative or nonrelative extended family member provider shall not be
delayed or terminated solely due to late completion of the annual
visit and reapproval, including any required corrective action plan.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.