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--- STAFF ANALYSIS OF SENATE BILL 1214 (Wolk) Page 2 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 STAFF ANALYSIS OF SENATE BILL 1214 (Wolk) Page 3 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 STAFF ANALYSIS OF SENATE BILL 1214 (Wolk) Page 4 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 STAFF ANALYSIS OF SENATE BILL 1214 (Wolk) Page 5 La Familia Counseling Center Sacramento Children's Home Yolo Crisis Nursery One individual Oppose: None received -- END --