BILL NUMBER: AB 1905	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 17, 2010
	AMENDED IN ASSEMBLY  MARCH 17, 2010

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

                        FEBRUARY 16, 2010

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1905, as amended, 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.
   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  , subject to specified conditions,
 the approval of an approved home of a relative or nonrelative
extended family member for which  reapproval  
an annual visit to ensure the quality of care provided  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  .
    Existing law continuously appropriates moneys from the General
Fund to pay for the state's share of AFDC-FC costs.
    This bill would declare that no appropriation would be made for
purposes of the bill.
   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: majority. Appropriation: no. 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   (a)  
  Subject to the conditions set forth in subdivisions (b)
and (c), and 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
  an annual visit to ensure the quality of care provided
is pendin   g, 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   to ensure the quality of care provided
 . 
   (b) The frequency of required visits to ensure the quality of care
provided shall not be less than the frequency of visits for licensed
foster family homes as specified in paragraph (1) of subdivision (a)
of Section 1534 of the Health and Safety Code. If late completion of
an annual visit occurs, under no circumstances shall the county
visit an approved home of a relative or nonrelative extended family
member less than once every 24 months.  
   (c) The frequency of required visits to ensure the quality of care
provided shall be subject to state plan approval. 
  SEC. 2.  No appropriation pursuant to Section 15200 of the Welfare
and Institutions Code shall be made for purposes of  this
implementing   implementing this  act.
  SEC. 3.  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.