BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1214| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 1214 Author: Wolk (D) Amended: 5/27/10 Vote: 21 SENATE HUMAN SERVICES COMMITTEE : 4-0, 3/23/10 AYES: Liu, Romero, Runner, Yee NO VOTE RECORDED: Maldonado SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 SUBJECT : Crisis nurseries SOURCE : California Alliance of Child and Family Services DIGEST : This bill removes the sunset for licensing crisis nurseries, after July 1, 2012, and after that date limits children taken to those placed voluntarily. Senate Floor Amendments of 5/27/10 delete the repeal of the 2011 sunset date for licensing crisis nurseries and continue the licensing category of crisis nursery for one year under current rules and then remove the sunset in 2012 while imposing one change. The amendments prohibit crisis nurseries from taking children placed by a county child welfare service agency after July 1, 2012, and state that, after that date, crisis nurseries may only take children that a parent or guardian places voluntarily. CONTINUED SB 1214 Page 2 ANALYSIS : Existing law: 1. Requires the Department of Social Services 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 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 January 1, 2011. This bill removes the sunset for licensing crisis nurseries, after July 1, 2012, and after that date limits children taken to those placed voluntarily.Background SB 1214 Page 3 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 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, Statutes 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.FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes SUPPORT : (Verified 5/27/10) California Alliance of Child and Family Services (source) Bay Area Crisis Nursery California State Association of Counties Child Abuse Prevention Center County of Sacramento EMQ Families First Foster and Kinship Care Education Program Friends of the Yolo Crisis Nursery Junior League of Sacramento Junior Leagues of California SPAC KARE Crisis Nursery La Familia Counseling Center Sacramento Children's Home Yolo County Foster Family Association Yolo Crisis Nursery SB 1214 Page 4 ARGUMENTS IN SUPPORT : 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. In response to the opposition's arguments, the author's office states: "SB 855 (Machado) was enacted in 2004 to allow crisis nurseries to operate under regulations that better serve the children they care for. Unlike foster care placements, crisis nurseries are voluntary, short term placements designed to help families in crisis, prevent child abuse, and keep children out of the child welfare system. Occasionally, a crisis nursery will take an emergency county foster placement at the request of the county in order to remove a child from immediate harm. A sunset was placed in the original bill so that the program would get a second look in order to ensure that it was operating as smoothly as anticipated. The original sunset was extended because the regulations, having taken longer than expected, had only been in place a short while and more time was needed to evaluate the program. The argument put forth by the opposition that the sunset was to allow counties time to find alternative placements is simply false. That argument is not documented in any of the analyses of the original bills nor is it documented or recalled by any of the Legislators or staff involved at the time. "Further, it is not the case that the crisis nurseries sought out foster placements in order to enhance revenues as claimed by the opposition. All crisis nurseries grew out of grass roots efforts as non profit organizations. Each had a mission of child abuse prevention. Some were later approached by their county for emergency placements. If a child is placed, the nursery receives a pro-rated payment appropriate for the care they provide. Only one crisis nursery - Yolo - takes foster placements with any frequency. They have only one bed licensed to do so. The vast majority of their placements are voluntary and virtually 100% of all other crisis nursery placements are voluntary - not foster placements. SB 1214 Page 5 "Crisis nurseries are licensed, regulated and, unlike both foster homes and group homes, have no history of abuse or misconduct toward the children they serve. On the contrary, crisis nurseries are highly regarded by not only families and communities they serve, but also local law enforcement, local health care providers, child advocates, county and city staff, and local elected officials. They are successful and an important resource in their communities. No one system of foster placement works equally well in every county. For emergency foster placements, counties use a combination of emergency foster family placements, emergency shelters - a form of group home, and crisis nurseries. The mix depends on the needs, resources, and support of each individual county. No one form of placement is superior to the others in all cases." CTW:mw 5/28/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****