BILL NUMBER: SB 702 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 20, 2009
INTRODUCED BY Senator DeSaulnier
FEBRUARY 27, 2009
An act to amend Sections 11368, 11407, and 16001.7 of the
Welfare and Institutions Code, relating to children.
An act to amend Section 1596.60 of the Health and Safety Code,
relating to child day care.
LEGISLATIVE COUNSEL'S DIGEST
SB 702, as amended, DeSaulnier. Public social services
for children and youth. Ancillary day care centers:
employees: trustline providers.
Existing law, the California Child Day Care Facilities Act,
provides for the licensure and regulation of community care and
residential facilities, including, but not limited to, child day care
facilities, by the State Department of Social Services. Under
existing law, a violation of any of these provisions is punishable as
a crime.
Existing law requires the State Department of Social Services to
establish a trustline registry and, upon submission of the trustline
application and fingerprints, to enter into the trustline registry
the provider's name, identification card number, and an indicator
that the provider has submitted an application and fingerprints,
which would be known as a "trustline applicant."
This bill would specify that the trustline registration provisions
apply to an employee of an ancillary day care center, as defined.
(1) Existing law, through the Kinship Guardianship Assistance
Payment Program (Kin-GAP), which is a part of the CalWORKs program,
provides aid on behalf of eligible children who are placed in the
home of a relative caretaker. The program is funded by state and
county funding and available federal funds. Existing law requires the
State Department of Social Services to seek any necessary waiver
from the federal Secretary of Health and Human Services to implement
the Kin-GAP Program, and requires the Director of Social Services to
execute a specified declaration relating to the scope of the waiver.
This bill would require the declaration, when issued, to be
submitted to the chairs of the Legislature's human services
committees.
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 the department to
establish regulations necessary for the state to qualify for
available federal funding for certain children who are granted aid
pursuant to a specified provision of existing law.
This bill would require the regulations, when completed, to be
submitted to the chairs of the Legislature's human services
committees.
(2) Existing law declares the duty of the state to care for and
protect the children that it places into foster care. Under existing
law, the department has various powers and duties relating to
ensuring that the needs of foster children are met by local child
welfare agencies and foster care providers. Existing law requires the
department to contract with the California Youth Connection to
provide technical assistance and outreach to current and former
foster youth, including developing educational materials and forums
related to foster care.
This bill would require that the development of educational
materials and forums by the California Youth Connection include
materials about financial literacy.
(3) This bill would declare the intent of the Legislature to enact
legislation to conform specified provisions of existing law relating
to public social services for children with the federal Fostering
Connections to Success and Increasing Adoptions Act of 2008.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1596.60 of the
Health and Safety Code is amended to read:
1596.60. For the purposes of this chapter, the following
definitions shall apply:
(a) "Department" means the State Department of Social Services.
(b) "Director" means the Director of Social Services.
(c) "Trustline provider," "license exempt child care provider," or
"provider," for the purposes of this chapter means a person 18 years
of age or older who provides child care, supervision, or any person
providing in-home educational or counseling services to a minor, and
who is not required to be licensed pursuant to Section 1596.792.
"Provider," for the purposes of this chapter, also means an employee
of an ancillary day care center.
(d) "Ancillary day care center" means a day care center, as
defined in Section 1596.76, that is associated with an athletic club,
grocery store, mall, shop, or other business or group of businesses
that provides a day care center that is ancillary to its principal
business activity and that provides day care services, with or
without a fee, for the children of its clients or customers while the
clients or customers are engaged in shopping for, or purchasing,
goods or services from that business or group of businesses.
SECTION 1. It is the intent of the Legislature
to enact legislation amending the following provisions in order to
conform state law with the federal Fostering Connections to Success
and Increasing Adoptions Act of 2008 (P.L. 110-351):
(a) Article 4.5 (commencing with Section 11360) and Article 5
(commencing with Section 11400) of Chapter 2 of Part 3 of Division 9
of the Welfare and Institutions Code.
(b) Chapter 6.2 (commencing with Section 13750) of Part 3 of
Division 9 of the Welfare and Institutions Code.
(c) Part 4 (commencing with Section 16000) of Division 9 of the
Welfare and Institutions Code.
(d) Chapter 4 (commencing with Section 17730) of Part 5.5 of
Division 9 of the Welfare and Institutions Code.
SEC. 2. Section 11368 of the Welfare and
Institutions Code is amended to read:
11368. (a) The department shall seek any waiver from the
Secretary of the United States Department of Health and Human
Services that is necessary to implement this article.
(b) Any provision of this article that may only be implemented
pursuant to a waiver described in subdivision (a) shall only be
operative during the period for which the waiver is granted, as
stated in a declaration that shall be executed by the director when
the waiver is obtained. A copy of the declaration, when issued, shall
be submitted to the chairs of the Senate Human Services Committee
and the Assembly Human Services Committee.
SEC. 3. Section 11407 of the Welfare and
Institutions Code is amended to read:
11407. If, when and during those times that the federal statutes
provide federal funds for any child who is granted aid pursuant to
subdivision (b) of Section 11450, the department shall establish any
regulations necessary for the state to qualify for any federal funds
available. A copy of the regulations, when completed, shall be
submitted to the chairs of the Senate Human Services Committee and
the Assembly Human Services Committee.
SEC. 4. Section 16001.7 of the Welfare and
Institutions Code is amended to read:
16001.7. (a) The department shall promote the participation of
current and former foster youth in the development of state foster
care and child welfare policy. Subject to the availability of funds,
the department shall contract with the California Youth Connection to
provide technical assistance and outreach to current and former
foster youth. In executing this contract, the responsibilities of the
California Youth Connection shall include, but are not limited to,
all of the following:
(1) Providing leadership training to current and former foster
youth between the ages of 14 and 21 years.
(2) Providing outreach and technical assistance to current and
former foster youth to form and maintain California Youth Connection
chapters, including recruiting and training adult volunteer
supporters.
(3) Enabling foster youth to be represented in policy discussions
pertinent to foster care and child welfare issues.
(4) Enhancing the well-being of foster youth and increasing public
understanding of foster care and child welfare issues.
(5) Developing educational materials and forums related to foster
care, including materials about financial literacy.
(b) Funds provided to the California Youth Connection pursuant to
the contract shall not be used for activities not allowed under
federal law relating to the receipt of federal financial
participation for independent living services, including, but not
limited to, lobbying and litigation.