BILL ANALYSIS                                                                                                                                                                                                    






                                  SENATE HUMAN
                               SERVICES COMMITTEE
                            Senator Carol Liu, Chair


          BILL NO:       SB 1214                                      
          S
          AUTHOR:        Wolk                                         
          B
          VERSION:       As introduced                               
          HEARING DATE:  March 23, 2010                               
          1
          FISCAL:        Appropriations                               
                         2
          CONSULTANT:                                                 
          1
          Hailey                                                      
          4
                                         
                                    SUBJECT
                                         
                                Crisis nurseries


                                     SUMMARY  

          Removes the sunset for licensing crisis nurseries, which  
          would otherwise take effect on July 1, 2011.
                                         

                                    ABSTRACT  

           Existing law  :
          1.Requires the State Department of Social Services (DSS) to  
            establish a separate category for community care  
            licensing for crisis nurseries, which provide short term  
            temporary emergency shelter as defined.

          2.Defines "crisis nurseries" as short term, 24-hour  
            non-medical residential care and supervision for children  
            under six years of age, who are either voluntarily placed  
            for temporary care by a parent or guardian, for up to 30  
            days or who are temporarily placed by a county child  
            welfare service agency for no more than 14 days.

          3.Sets the licensed capacity for crisis nurseries programs  
                                                         Continued---



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            at 14 children.

          4.Permits the use of fully trained and qualified volunteers  
            to be included in the staff-to child ratio subject to  
            specified education and training requirements.

          5.Establishes that the staff-to-child ratio to be at least  
            one employed staff or volunteer caregiver for each group  
            of three children, during the hours from 7 a.m. to 7 p.m.  
            and at least one to paid caregiver or volunteer for every  
            group of four children, during the hours from 7 p.m. to 7  
            a.m.

          6.Appropriates moneys from the General Fund to pay for a  
            share of the cost of AFDC-Payments.

          7.Sunsets all provisions related to crisis nurseries on  
            July 1, 2011.

           This bill  :
          1.  Deletes the July 1, 2011, sunset date relating to  
            establishing crisis nurseries as a
               category of community care facilities.
              

                                   FISCAL IMPACT
                                         
          Unknown.  According to fiscal committees that analyzed  
          bills extending the sunset for licensing crisis nurseries,  
          these bills imposed "minor and absorbable" costs on DSS and  
          on counties.


                            BACKGROUND AND DISCUSSION  

           Background
           According to the author, crisis nurseries were created to  
          meet the need for temporary emergency care for young  
          children under the age of six, who need a safe place to  
          live for a few days, and which would prevent the parent  
          from having to give up custody of their children to the  
          child welfare system.  Crisis nurseries are designed to  
          provide short-term, 24-hour non-medical residential care  
          and supervision for children under six years of age, who  
          are either voluntarily placed for temporary care by a  




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          parent or guardian due to family crisis for no more than 30  
          days, or who are temporarily placed by a county child  
          welfare agency for no more than 14 days.

          This separate community care licensing category was  
          established for crisis nurseries with the enactment of SB  
          855 (Machado, Chapter 664, Statues of 2004).  Prior to  
          2005, crisis nurseries were licensed as group homes.  Group  
          homes are residential facilities used by the courts and  
          child welfare services for foster children and youth who  
          have needs that cannot be met in less restrictive settings  
          of foster homes, foster families agencies, and the home of  
          relatives.

          The author and supporters of SB 855 believed that the  
          strict group home requirements of defined staff-child  
          ratios, education and training of group home staff, and  
          increased availability of supportive services were  
          inappropriate for crisis nurseries, since the demands of  
          these children were less serious than the emotional and  
          behavior problems of children taken from abusive and  
          neglectful parents.  Operators of crisis nurseries argued  
          that the cost of complying with group home regulations were  
          excessive and threatened their viability, and they found it  
          difficult to operate under these provisions.

          Before the passage of SB 855, DSS had the authority to  
          waive group home regulations for crisis nurseries, if a  
          provider could demonstrate how the intent of the regulation  
          would be met through an alternative means.  The waiver  
          process, however, was believed by crisis nurseries to be  
          cumbersome and inconsistent.

           

          Crisis nurseries in California
           As of September 1, 2004, there were seven crisis nurseries  
          in the following counties: Contra Costa, Nevada, Placer,  
          Sacramento, San Joaquin, Stanislaus and Yolo.  That number  
          has remained the same since SB 855 became law in 2005.   
          When asked about general operations, administrators of  
          crisis nurseries explain that the most frequent use of the  
          facilities by parents are during the day where parents drop  
          off their children while they go to job training or to seek  
          employment.  Parents must call before they drop off their  




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          children because crisis nurseries sometimes have a waiting  
          list.  According to licensees, crisis nurseries also offer  
          parents referrals for services to help them establish  
          stability and prevent dependency on crisis nurseries.

           Regulation of crisis nurseries
           In February, 2007, DSS submitted the regulations for crisis  
          nurseries to the Office of Administrative Law.  Those  
          regulations were adopted later that year and can be found  
          in Sections 86500 et seq. of Title 22 of the California  
          Code of Regulations.

           Arguments in Support  :
          SB 1214 would make permanent the current statutory  
          provisions governing crisis nurseries.  Supporters state  
          that due to the unnecessary and burdensome restrictions and  
          costs imposed by group home regulations, without the  
          flexibility provided by current law, crisis nurseries might  
          be forced to close.

                                     COMMENTS

          Lack of expansion of crisis nurseries since passage of SB  
          855
           During the Legislature's discussion of SB 855 during 2003  
          and 2004, there were seven crisis nurseries operating in  
          California with group home licenses and waivers for some  
          regulations.  In the six years since SB 855 became law,  
          those same seven programs remain in operation; no new  
          crisis nurseries have opened.  The author or the supporters  
          of the bill may want to comment as to why this license type  
          has not generated new applicants.
           
                                   POSITIONS  

          Support:       California Alliance of Child and Family  
          Services (sponsor)
                         Bay Area Crisis Nursery
                         California State Association of Counties
                         Child Abuse Prevention Center
                         EMQ Families First
                         Foster and Kinship Care Education Program,  
          Woodland
                               Community College
                         KARE Crisis Nursery




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                         La Familia Counseling Center
                         Sacramento Children's Home
                         Yolo Crisis Nursery
                         One individual

          Oppose:   None received
                                   -- END --