BILL NUMBER: SB 1214 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Wolk
FEBRUARY 18, 2010
An act to amend Sections 1516 and 1526.8 of, and to amend and
repeal Section 1596.972 of, the Health and Safety Code, and to amend
Sections 11400.1 and 11462.7 of, and to amend and repeal Section
11402 of, the Welfare and Institutions Code, relating to crisis
nurseries.
LEGISLATIVE COUNSEL'S DIGEST
SB 1214, as introduced, Wolk. Crisis nurseries.
Existing law provides for the licensure and regulation by the
State Department of Social Services of community care facilities,
including facilities that provide care for children. Violation of the
provisions relating to community care facilities is a misdemeanor.
Existing law includes a crisis nursery, as defined, within the
provisions regulating a community care facility. Existing law removes
crisis nurseries from these provisions on July 1, 2011.
Existing law provides for the Aid to Families with Dependent
Children-Foster Care (AFDC-FC) program, under which, pursuant to a
combination of federal, state, and county funds, aid on behalf of
eligible children is paid to foster care providers.
Existing law includes a crisis nursery among the facilities
eligible to receive reimbursement under the above program when a
child is placed in such a facility. Existing law requires the
department, to the extent that federal financial participation is
available, to set a foster care rate for crisis nurseries. Existing
law removes crisis nurseries from these provisions on July 1, 2011.
This bill would delete the July 1, 2011, date from the provisions
described above relating to crisis nurseries, thus indefinitely
including a crisis nursery within the definition of a community care
facility, and among facilities eligible to receive reimbursement
under the AFDC-FC program. By indefinitely extending inclusion of a
crisis nursery of a community care facility, the bill would impose a
state-mandated local program, by extending the expansion of a crime.
Existing law continuously appropriates moneys from the General
Fund to pay for a share of the cost of AFDC-FC payments.
This bill would, instead, provide that the continuous
appropriation would not be made for purposes of implementing the
bill.
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 no reimbursement is required by this
act for a specified reason.
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 1516 of the Health and Safety Code is amended
to read:
1516. (a) For purposes of this chapter, "crisis nursery" means a
facility licensed by the department pursuant to subdivision (j) to
provide short-term, 24-hour nonmedical residential care and
supervision for children under six years of age, who are either
voluntarily placed for temporary care by a parent or legal guardian
due to a family crisis or a stressful situation, for no more than 30
days or, except as provided in subdivision (e), who are temporarily
placed by a county child welfare service agency for no more than 14
days.
(b) Crisis nurseries shall be organized and operated on a
nonprofit basis by private nonprofit corporations or nonprofit public
benefit corporations.
(c) "Voluntary placement," for purposes of this section, means a
child, who is not receiving Aid to Families with Dependent
Children-Foster Care, placed by a parent or legal guardian who
retains physical custody of, and remains responsible for, the care of
his or her children who are placed for temporary emergency care, as
described in subdivision (a).
(d) A crisis nursery may also provide temporary emergency care to
children under six years of age who have been taken into the
protective custody of, or are placed directly by, the county child
welfare services system that has assumed responsibility for the care
of the children.
(e) County placements, as described in subdivision (d), shall be
limited to no more than one-third of a crisis nursery's licensed
capacity. The length of stay for a county-placed child shall not
exceed 14 days unless the State Department of Social Services issues
an exception.
(f) (1) Except as provided in paragraph (2), the maximum licensed
capacity for crisis nursery programs shall be 14.
(2) Any facility licensed on or before January 1, 2004, as a group
home for children under the age of six years with a licensed
capacity greater than 14, but less than 21, that provides crisis
nursery services shall be allowed to retain its capacity if issued a
crisis nursery license until the time there is a change in the
licensee's program, location, or client population.
(g) (1) Each crisis nursery shall submit, in a format specified by
the department, a monthly report indicating the total number of
children placed in the program, designating whether each child is
voluntarily placed by the parents or legal guardians or placed
directly by county child welfare services and the length of stay and
age for each child.
(2) Each crisis nursery that accepts children placed directly by a
county child welfare services agency also shall annually provide a
summary report to the department within 60 days of the subsequent
calender year. This report shall indicate the total number of
children placed directly by a county child welfare services agency,
the length of stay and age for each child, the average length of stay
for all of the children placed directly by the county, and the
reasons given by the county for the use of the crisis nursery for
these children.
(3) When placing a child in a crisis nursery, a county child
welfare agency shall inform the crisis nursery of the reason for the
selection of the crisis nursery as the placement choice.
(h) Notwithstanding Section 1596.80, a crisis nursery may provide
child day care services for children under the age of six years at
the same site as the crisis nursery. A child may not receive child
day care services at a crisis nursery for more than 30 calendar days
in a six-month period unless the department issues an exception. A
child who is receiving child day care services shall be counted in
the licensed capacity. A child who is receiving child day care
services, and who is a county placement, as described in subdivision
(d), shall be counted in the limitation on county placements
specified in subdivision (e).
(i) Exceptions to group home licensing regulations pursuant to
subdivision (c) of Section 84200 of Title 22 of the California Code
of Regulations, in effect on August 1, 2004, for county-operated or
county-contracted emergency shelter care facilities that care for
children under the age of six years for no more than 30 days, shall
be contained in regulations for crisis nurseries.
(j) The department may issue a license pursuant to this section
only to a facility that meets one of the following conditions:
(1) The facility is operating, or has an application on file with
the department to operate as of September 1, 2004, as a group home
for children under six years of age in any of the following counties:
(A) Contra Costa.
(B) Nevada.
(C) Placer.
(D) Sacramento.
(E) San Joaquin.
(F) Stanislaus.
(G) Yolo.
(2) The facility, pursuant to standards developed by the
department by regulation, meets an urgent, significant, and unmet
need for temporary respite care of children under the age of six
years.
(3) The facility offers temporary emergency shelter and services
only to children under the age of six years who are voluntarily
placed by a parent or guardian, as set forth in subdivision (c), and
the facility does not accept county placements, as set forth in
subdivision (d).
(k) This section shall remain in effect only until July 1, 2011,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2011, deletes or extends that date.
SEC. 2. Section 1526.8 of the Health and Safety Code is amended to
read:
1526.8. (a) It is the intent of the Legislature that the
department develop modified staffing levels and requirements for
crisis nurseries, provided that the health, safety, and well-being of
the children in care are protected and maintained.
(b) The department shall allow the use of fully trained and
qualified volunteers as caregivers in a crisis nursery, subject to
the following conditions:
(1) Volunteers shall be fingerprinted for the purpose of
conducting a criminal record review as specified in subdivision (b)
of Section 1522.
(2) Volunteers shall complete a child abuse central index check as
specified in Section 1522.1.
(3) Volunteers shall be in good physical health and be tested for
tuberculosis not more than one year prior to, or seven days after,
initial presence in the facility.
(4) Prior to assuming the duties and responsibilities of a crisis
caregiver or being counted in the staff-to-child ratio, volunteers
shall complete at least eight hours of initial training divided as
follows:
(A) Four hours of crisis nursery job shadowing.
(B) Two hours of review of community care licensing regulations.
(C) Two hours of review of the crisis nursery program, including
the facility mission statement, goals and objectives, and special
needs of the client population they serve.
(5) Within 90 days, volunteers who are included in the
staff-to-child ratios shall complete at least 20 hours of training
divided as follows:
(A) Twelve hours of pediatric first aid and pediatric
cardiopulmonary resuscitation.
(B) Eight hours of child care health and safety issues.
(6) Volunteers who meet the requirements of paragraphs (1), (2),
and (3), but who have not completed the training specified in
paragraph (4) or (5) may assist a fully trained and qualified staff
person in performing child care duties. However, these volunteers
shall not be left alone with children, shall always be under the
direct supervision and observation of a fully trained and qualified
staff person, and shall not be counted in meeting the minimum
staff-to-child ratio requirements.
(c) The department shall allow the use of fully trained and
qualified volunteers to be counted in the staff-to-child ratio in a
crisis nursery subject to the following conditions:
(1) The volunteers have fulfilled the requirements in paragraphs
(1) to (4), inclusive, of subdivision (b).
(2) There shall be at least one fully qualified and employed staff
person on site at all times.
(3) (A) There shall be at least one employed staff or volunteer
caregiver for each group of three children, or fraction thereof, from
7 a.m. to 7 p.m.
(B) There shall be at least one paid caregiver or volunteer
caregiver for each group of four children, or fraction thereof, from
7 p.m. to 7 a.m.
(C) There shall be at least one employed staff person present for
every volunteer caregiver used by the crisis nursery for the purpose
of meeting the minimum caregiver staffing requirements.
(d) There shall be at least one staff person or volunteer
caregiver awake at all times from 7 p.m. to 7 a.m.
(e) This section shall remain in effect only until July 1, 2011,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2011, deletes or extends that date.
SEC. 3. Section 1596.792 of the Health and Safety Code, as amended
by Section 4 of Chapter 288 of the Statutes of 2007, is amended to
read:
1596.792. This chapter, Chapter 3.5 (commencing with Section
1596.90), and Chapter 3.6 (commencing with Section 1597.30) do not
apply to any of the following:
(a) Any health facility, as defined by Section 1250.
(b) Any clinic, as defined by Section 1202.
(c) Any community care facility, as defined by Section 1502.
(d) Any family day care home providing care for the children of
only one family in addition to the operator's own children.
(e) Any cooperative arrangement between parents for the care of
their children when no payment is involved and the arrangement meets
all of the following conditions:
(1) In a cooperative arrangement, parents shall combine their
efforts so that each parent, or set of parents, rotates as the
responsible caregiver with respect to all the children in the
cooperative.
(2) Any person caring for children shall be a parent, legal
guardian, stepparent, grandparent, aunt, uncle, or adult sibling of
at least one of the children in the cooperative.
(3) There can be no payment of money or receipt of in-kind income
in exchange for the provision of care. This does not prohibit in-kind
contributions of snacks, games, toys, blankets for napping, pillows,
and other materials parents deem appropriate for their children. It
is not the intent of this paragraph to prohibit payment for outside
activities, the amount of which may not exceed the actual cost of the
activity.
(4) No more than 12 children are receiving care in the same place
at the same time.
(f) Any arrangement for the receiving and care of children by a
relative.
(g) Any public recreation program. "Public recreation program"
means a program operated by the state, city, county, special
district, school district, community college district, chartered
city, or chartered city and county that meets either of the following
criteria:
(1) The program is operated only during hours other than normal
school hours for kindergarten and grades 1 to 12, inclusive, in the
public school district where the program is located, or operated only
during periods when students in kindergarten and grades 1 to 12,
inclusive, are normally not in session in the public school district
where the program is located, for either of the following periods:
(A) For under 16 hours per week.
(B) For a total of 12 weeks or less during a 12-month period. This
total applies to any 12 weeks within any 12-month period, without
regard to whether the weeks are consecutive.
In determining "normal school hours" or periods when students are
"normally not in session," the State Department of Social Services
shall, when appropriate, consider the normal school hours or periods
when students are normally not in session for students attending a
year-round school.
(2) The program is provided to children who are over the age of
four years and nine months and not yet enrolled in school and the
program is operated during either of the following periods:
(A) For under 16 hours per week.
(B) For a total of 12 weeks or less during a 12-month period. This
total applies to any 12 weeks within any 12-month period, without
regard to whether the weeks are consecutive.
(3) The program is provided to children under the age of four
years and nine months with sessions that run 12 hours per week or
less and are 12 weeks or less in duration. A program subject to this
paragraph may permit children to be enrolled in consecutive sessions
throughout the year. However, the program shall not permit children
to be enrolled in a combination of sessions that total more than 12
hours per week for each child.
(h) Extended day care programs operated by public or private
schools.
(i) Any school parenting program or adult education child care
program that satisfies both of the following:
(1) Is operated by a public school district or operated by an
individual or organization pursuant to a contract with a public
school district.
(2) Is not operated by an organization specified in Section
1596.793.
(j) Any child day care program that operates only one day per week
for no more than four hours on that one day.
(k) Any child day care program that offers temporary child care
services to parents and that satisfies both of the following:
(1) The services are only provided to parents and guardians who
are on the same premises as the site of the child day care program.
(2) The child day care program is not operated on the site of a
ski facility, shopping mall, department store, or any other similar
site identified by the department by regulation.
(l) Any program that provides activities for children of an
instructional nature in a classroom-like setting and satisfies both
of the following:
(1) Is operated only during periods of the year when students in
kindergarten and grades 1 to 12, inclusive, are normally not in
session in the public school district where the program is located
due to regularly scheduled vacations.
(2) Offers any number of sessions during the period specified in
paragraph (1) that when added together do not exceed a total of 30
days when only schoolage children are enrolled in the program or 15
days when children younger than schoolage are enrolled in the
program.
(m) A program facility administered by the Department of
Corrections and Rehabilitation that (1) houses both women and their
children, and (2) is specifically designated for the purpose of
providing substance abuse treatment and maintaining and strengthening
the family unit pursuant to Chapter 4 (commencing with Section 3410)
of Title 2 of Part 3 of the Penal Code, or Chapter 4.8 (commencing
with Section 1174) of Title 7 of Part 2 of that code.
(n) Any crisis nursery, as defined in subdivision (a) of Section
1516.
(o) This section shall remain in effect only until July 1, 2011,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2011, deletes or extends that date.
SEC. 4. Section 1596.792 of the Health and Safety Code, as amended
by Section 5 of Chapter 288 of the Statutes of 2007, is repealed.
1596.792. This chapter, Chapter 3.5 (commencing with Section
1596.90), and Chapter 3.6 (commencing with Section 1597.30) do not
apply to any of the following:
(a) Any health facility, as defined by Section 1250.
(b) Any clinic, as defined by Section 1202.
(c) Any community care facility, as defined by Section 1502.
(d) Any family day care home providing care for the children of
only one family in addition to the operator's own children.
(e) Any cooperative arrangement between parents for the care of
their children when no payment is involved and the arrangement meets
all of the following conditions:
(1) In a cooperative arrangement, parents shall combine their
efforts so that each parent, or set of parents, rotates as the
responsible caregiver with respect to all the children in the
cooperative.
(2) Any person caring for children shall be a parent, legal
guardian, stepparent, grandparent, aunt, uncle, or adult sibling of
at least one of the children in the cooperative.
(3) There can be no payment of money or receipt of in-kind income
in exchange for the provision of care. This does not prohibit in-kind
contributions of snacks, games, toys, blankets for napping, pillows,
and other materials parents deem appropriate for their children. It
is not the intent of this paragraph to prohibit payment for outside
activities, the amount of which may not exceed the actual cost of the
activity.
(4) No more than 12 children are receiving care in the same place
at the same time.
(f) Any arrangement for the receiving and care of children by a
relative.
(g) Any public recreation program. "Public recreation program"
means a program operated by the state, city, county, special
district, school district, community college district, chartered
city, or chartered city and county that meets either of the following
criteria:
(1) The program is operated only during hours other than normal
school hours for kindergarten and grades 1 to 12, inclusive, in the
public school district where the program is located, or operated only
during periods when students in kindergarten and grades 1 to 12,
inclusive, are normally not in session in the public school district
where the program is located, for either of the following periods:
(A) For under 16 hours per week.
(B) For a total of 12 weeks or less during a 12-month period. This
total applies to any 12 weeks within any 12-month period, without
regard to whether the weeks are consecutive.
In determining "normal school hours" or periods when students are
"normally not in session," the State Department of Social Services
shall, when appropriate, consider the normal school hours or periods
when students are normally not in session for students attending a
year-round school.
(2) The program is provided to children who are over the age of
four years and nine months and not yet enrolled in school and the
program is operated during either of the following periods:
(A) For under 16 hours per week.
(B) For a total of 12 weeks or less during a 12-month period. This
total applies to any 12 weeks within any 12-month period, without
regard to whether the weeks are consecutive.
(3) The program is provided to children under the age of four
years and nine months with sessions that run 12 hours per week or
less and are 12 weeks or less in duration. A program subject to this
paragraph may permit children to be enrolled in consecutive sessions
throughout the year. However, the program shall not permit children
to be enrolled in a combination of sessions that total more than 12
hours per week for each child.
(h) Extended day care programs operated by public or private
schools.
(i) Any school parenting program or adult education child care
program that satisfies both of the following:
(1) Is operated by a public school district or operated by an
individual or organization pursuant to a contract with a public
school district.
(2) Is not operated by an organization specified in Section
1596.793.
(j) Any child day care program that operates only one day per week
for no more than four hours on that one day.
(k) Any child day care program that offers temporary child care
services to parents and that satisfies both of the following:
(1) The services are only provided to parents and guardians who
are on the same premises as the site of the child day care program.
(2) The child day care program is not operated on the site of a
ski facility, shopping mall, department store, or any other similar
site identified by the department by regulation.
(l) Any program that provides activities for children of an
instructional nature in a classroom-like setting and satisfies both
of the following:
(1) Is operated only during periods of the year when students in
kindergarten and grades 1 to 12, inclusive, are normally not in
session in the public school district where the program is located
due to regularly scheduled vacations.
(2) Offers any number of sessions during the period specified in
paragraph (1) that when added together do not exceed a total of 30
days when only schoolage children are enrolled in the program or 15
days when children younger than schoolage are enrolled in the
program.
(m) A program facility administered by the Department of
Corrections that (1) houses both women and their children, and (2) is
specifically designated for the purpose of providing substance abuse
treatment and maintaining and strengthening the family unit pursuant
to Chapter 4 (commencing with Section 3410) of Title 2 of Part 3 of
the Penal Code, or Chapter 4.8 (commencing with Section 1174) of
Title 7 of Part 2 of that code.
(n) This section shall become operative on July 1, 2011.
SEC. 5. Section 11400.1 of the Welfare and Institutions Code is
amended to read:
11400.1. (a) For purposes
of this article, "crisis nursery" means a facility licensed to
provide short-term, 24-hour nonmedical residential care and
supervision for children under six years of age who are either
voluntarily placed for temporary care by a parent or legal guardian
due to a family crisis or stressful situation for no more than 30
days or, except as provided in subdivision (e) of Section 1516 of the
Health and Safety Code, who are temporarily placed by a county child
welfare service agency for no more than 14 days.
(b) This section shall remain in effect only until July 1, 2011,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2011, deletes or extends that date.
SEC. 6. Section 11402 of the Welfare and Institutions Code, as
amended by Section 7 of Chapter 288 of the Statutes of 2007, is
amended to read:
11402. In order to be eligible for AFDC-FC, a child shall be
placed in one of the following:
(a) The approved home of a relative, provided the child is
otherwise eligible for federal financial participation in the AFDC-FC
payment.
(b) (1) The licensed family home of a nonrelative.
(2) The approved home of a nonrelative extended family member as
described in Section 362.7.
(c) A licensed group home, as defined in subdivision (h) of
Section 11400, provided that the placement worker has documented that
the placement is necessary to meet the treatment needs of the child
and that the facility offers those treatment services.
(d) The home of a nonrelated legal guardian or the home of a
former nonrelated legal guardian when the guardianship of a child who
is otherwise eligible for AFDC-FC has been dismissed due to the
child's attaining 18 years of age.
(e) An exclusive-use home.
(f) A licensed transitional housing placement facility, as
described in Section 1559.110 of the Health and Safety Code, and as
defined in Section 11400.
(g) An out-of-state group home, provided that the placement
worker, in addition to complying with all other statutory
requirements for placing a minor in an out-of-state group home,
documents that the requirements of Section 7911.1 of the Family Code
have been met.
(h) A licensed crisis nursery, as described in Section 1516 of the
Health and Safety Code, and as defined in subdivision (a) of Section
11400.1.
(i) This section shall remain in effect only until July 1, 2011,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2011, deletes or extends that date.
SEC. 7. Section 11402 of the Welfare and Institutions Code, as
amended by Section 8 of Chapter 288 of the Statutes of 2007, is
repealed.
11402. In order to be eligible for AFDC-FC, a child shall be
placed in one of the following:
(a) The approved home of a relative, provided the child is
otherwise eligible for federal financial participation in the AFDC-FC
payment.
(b) (1) The licensed family home of a nonrelative.
(2) The approved home of a nonrelative extended family member as
described in Section 362.7.
(c) A licensed group home, as defined in subdivision (h) of
Section 11400, provided that the placement worker has documented that
the placement is necessary to meet the treatment needs of the child
and that the facility offers those treatment services.
(d) The home of a nonrelated legal guardian or the home of a
former nonrelated legal guardian when the guardianship of a child who
is otherwise eligible for AFDC-FC has been dismissed due to the
child's attaining 18 years of age.
(e) An exclusive-use home.
(f) A licensed transitional housing placement facility as
described in Section 1559.110 of the Health and Safety Code and as
defined in Section 11400.
(g) An out-of-state group home, provided that the placement
worker, in addition to complying with all other statutory
requirements for placing a minor in an out-of-state group home,
documents that the requirements of Section 7911.1 of the Family Code
have been met.
(h) This section shall become operative on July 1, 2011.
SEC. 8. Section 11462.7 of the Welfare and Institutions Code is
amended to read:
11462.7. (a) To the extent federal financial participation is
available, the department shall set a foster care rate for crisis
nurseries, as defined in Section 1516 of the Health and Safety Code
and subdivision (t) of Section 11400.
(b) The rate structure required to implement this section shall be
adopted as emergency regulations in accordance with Chapter 3.5
(commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code. The
adoption of these regulations shall be deemed an emergency and
necessary for the immediate preservation of the public peace, health
and safety, or general welfare. Notwithstanding Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, emergency regulations adopted to implement this
section shall not be subject to the review and approval of the
Office of Administrative Law. These regulations shall become
effective immediately upon filing with the Secretary of State.
(c) Until the department adopts emergency regulations for
establishing a rate for crisis nurseries, the rates shall be
established using the foster care ratesetting system for group homes
and subject to all of the requirements of Article 6 (commencing with
Section 11450) of Chapter 2 of Part 3 of Division 9.
(d) Volunteers shall not be included in staff-to-child ratios used
in the rate level determination.
(e) This section shall remain in effect only until July 1, 2011,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2011, deletes or extends that date.
SEC. 9. No appropriation pursuant to Section 15200 of the Welfare
and Institutions Code shall be made for purposes of implementing this
act.
SEC. 10. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.