BILL NUMBER: AB 1905	CHAPTERED
	BILL TEXT

	CHAPTER  562
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2010
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2010
	PASSED THE SENATE  AUGUST 20, 2010
	PASSED THE ASSEMBLY  AUGUST 23, 2010
	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, 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 an annual visit to ensure the quality of care
provided is pending, to remain in full force and effect, 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.
    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.


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.  (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 an annual visit to ensure the quality of care
provided is pending, the relative or nonrelative extended family
member home's approval shall remain in full force and effect. 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 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 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.