BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1214
                                                                  Page  1

          Date of Hearing:   August 4, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    SB 1214 (Wolk) - As Amended:  August 2, 2010 

          Policy Committee:                              Human  
          ServicesVote:6 - 0 

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill removes the sunset of the California Department of  
          Social Services (CDSS) licensing provisions for crisis nurseries  
          and allows county child welfare services (CWS) departments to  
          continue to use crisis nurseries as an emergency placement for  
          children in the foster care system until July 1, 2012.  After  
          that date, this bill would prohibit the use of crisis nurseries  
          as an emergency placement for foster children. 

           FISCAL EFFECT  

          1)The average monthly caseload for the Emergency Assistance  
            program is 3,200 children. If 100 of those children spend an  
            average of 7 days in a crisis nursery each year, extending the  
            use of crisis nurseries as an emergency placement for foster  
            children could cost approximately $175,000 ($150,000 TANF) for  
            the additional year. 

          2)Absent the use of crisis nurseries for emergency placement,  
            counties would most likely place these children in temporary  
            foster homes with foster parents who are reimbursed at a  
            significantly lower rate.

           COMMENTS  

           1)Rationale  . The intent of this bill is to allow for the  
            continued operation of crisis nurseries, while limiting their  
            use to only parents and legal guardians.  In recent years,  
            California has determined that congregate care, such as group  
            homes and crisis nurseries are not appropriate placements for  
            children under six years old.  Initially, the licensing of  








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            crisis nurseries was scheduled to end in 2011. This bill would  
            remove the sunset date for licensure, but prohibit the use of  
            crisis nurseries as emergency placements for children in the  
            child welfare system after July 1, 2012. 

           2)Crisis Nurseries  . Crisis nurseries provide short-term  
            emergency respite care for the infants, toddlers, or young  
            children of families in crisis without other options, such as  
            trusted friends or relatives to care for their children.   
            Reports show that families turn to crisis nurseries when they  
            are struggling to deal with illness, hospitalization, domestic  
            violence, homelessness, or substance abuse recovery.  

            In California, placements are restricted to voluntary  
            placements by parents or legal guardians, and, at shorter,  
            more restricted intervals, child welfare services placements.   
            In addition, many crisis nursery programs in California have  
            developed crisis day care services.

            Prior to 2004, crisis nurseries had been licensed as group  
            homes.  Group homes are residential facilities used by the  
            courts and child welfare agencies for foster children whose  
            needs cannot be met in less restrictive, more family-like  
            settings such as relative placements, foster family homes, or  
            foster family agencies.  Crisis nurseries that served children  
            under the age of six had been held to the group home  
            regulations for this cohort, commonly referred to as the  
            "under six" regulations, which require educational standards  
            for staff, defined staff to child ratios, and supportive  
            services.  

            In 2004, a separate, less stringent, licensing category was  
            created with the passage of SB 855 (Machado; Chapter 664,  
            Statutes of 2004).  Changes brought about by the new licensure  
            category include a provision allowing crisis nurseries to use  
            trained volunteers instead of staff and allowing specified  
            volunteers to apply to staffing ratios.  

            Currently, five nonprofit agencies operate six crisis nursery  
            facilities with a total of 66 licensed beds in the counties  
            of:  Contra Costa, Sacramento, Yolo, Stanislaus, and Nevada.   
            The crisis nurseries operate 24 hours a day, 7 days a week,  
            and rely mostly on private funds, although some do receive  
            funding through their local First Five Commissions.  In the  
            past year, Yolo County has been the only county to use a  








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            crisis nursery for CWS emergency shelter placements.  However,  
            current law allows any county to use a crisis nursery for CWS  
            placements.

           3)Related Legislation  . SB 104 (Machado; Chapter 288, Statutes of  
            2007) extended the sunset for crisis nurseries to July 1,  
            2011, and required specified reporting to DSS on child welfare  
            placements in crisis nurseries. 

            SB 855 (Machado: Chapter 664, Statutes of 2004) created a  
            separate licensing category for crisis nurseries, to sunset  
            January 1, 2008.

           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916)  
          319-2081