BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  SB 1214|
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                                 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.

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           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
           







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          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








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          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. 







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            "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

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