BILL NUMBER: AB 159	CHAPTERED
	BILL TEXT

	CHAPTER  94
	FILED WITH SECRETARY OF STATE  JULY 25, 2011
	APPROVED BY GOVERNOR  JULY 25, 2011
	PASSED THE SENATE  JULY 1, 2011
	PASSED THE ASSEMBLY  MAY 2, 2011
	AMENDED IN ASSEMBLY  MARCH 24, 2011
	AMENDED IN ASSEMBLY  MARCH 14, 2011

INTRODUCED BY   Assembly Member Beall
   (Coauthor: Assembly Member Ammiano)

                        JANUARY 19, 2011

   An act to amend Section 1506.3 of the Health and Safety Code, and
to amend Section 11463 of the Welfare and Institutions Code, relating
to community care facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 159, Beall. Community care facilities: foster family agencies.
   The California Community Care Facilities Act requires any holder
of a valid license issued by the State Department of Social Services
to engage in any foster family functions to use only a certified
family home, as defined, that has been certified by that agency or a
licensed foster family home approved for this use by the licensing
county. The act requires the total foster family agency rate by age
group in effect on January 1, 2008, paid to licensed foster family
agencies for the placement of children in certified foster family
homes to be reduced by 10% on October 1, 2009. The act requires,
until January 1, 2012, a foster family agency that provides treatment
of children in foster families to employ one full-time social work
supervisor for every 8 social workers or fraction thereof in the
agency.
   This bill would extend the operation of that employment
requirement until the above-described total foster family agency rate
by age group is restored to at least the rate in effect on September
30, 2009, and the director issues a declaration to take effect, as
specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1506.3 of the Health and Safety Code is amended
to read:
   1506.3.  (a) A foster family agency that provides treatment of
children in foster families shall employ one full-time social work
supervisor for every eight social workers or fraction thereof in the
agency.
   (b) This section shall remain in effect only until the date when
the total foster family agency rate by age group paid to licensed
foster family agencies for the placement of children in certified
foster family homes is restored to at least the rate in effect on
September 30, 2009, and the Director of Social Services issues a
declaration to this effect to the Senate Committee on Budget and
Fiscal Review, Senate Committee on Human Services, the Assembly
Committee on Budget, and the Assembly Committee on Human Services, or
their successor committees. Upon the restoration to at least the
rate in effect on September 30, 2009, the director shall issue the
declaration. On that date, this section shall be repealed.
  SEC. 2.  Section 11463 of the Welfare and Institutions Code is
amended to read:
   11463.  (a) (1) The department, with the advice, assistance, and
cooperation of the counties and foster care providers, shall develop,
implement, and maintain a ratesetting system for foster family
agencies.
   (2) No county shall be reimbursed for any percentage increases in
payments, made on behalf of AFDC-FC funded children who are placed
with foster family agencies, that exceed the percentage
cost-of-living increase provided in any fiscal year beginning on
January 1, 1990, as specified in subdivision (c) of Section 11461.
   (b) The department shall develop regulations specifying the
purposes, types, and services of foster family agencies, including
the use of those agencies for the provision of emergency shelter
care. A distinction, for ratesetting purposes, shall be drawn between
foster family agencies that provide treatment of children in foster
families and those that provide nontreatment services.
   (c) The department shall develop and maintain regulations
specifying the procedure for the appeal of department decisions about
the setting of an agency's rate.
   (d) On and after July 1, 1998, the schedule of rates, and the
components used in the rate calculations specified in the department'
s regulations, for foster family agencies shall be increased by 6
percent, rounded to the nearest dollar. The resultant amounts shall
constitute the new schedule of rates for foster family agencies.
   (e) (1) On and after July 1, 1999, the schedule of rates and the
components used in the rate calculations specified in the department'
s regulations for foster family agencies shall be adjusted by an
amount equal to the California Necessities Index computed pursuant to
Section 11453, rounded to the nearest dollar, subject to the
availability of funds. The resultant amounts shall constitute the new
schedule of rates for foster family agencies, subject to further
adjustment pursuant to paragraph (2).
   (2) In addition to the adjustment specified in paragraph (1),
commencing January 1, 2000, the schedule of rates and the components
used in the rate calculations specified in the department's
regulations for foster family agencies shall be increased by 2.36
percent, rounded to the nearest dollar. The resultant amounts shall
constitute the new schedule of rates for foster family agencies.
   (f) For the 1999-2000 fiscal year, foster family agency rates that
are not determined by the schedule of rates set forth in the
department's regulations, shall be increased by the same percentage
as provided in subdivision (e).
   (g) For the 2000-01 fiscal year and each fiscal year thereafter,
without a county share of cost, notwithstanding subdivision (c) of
Section 15200, the foster family agency rate shall be supplemented by
one hundred dollars ($100) for clothing per year per child in care,
subject to the availability of funds. The supplemental payment shall
be used to supplement, and shall not be used to supplant, any
clothing allowance paid in addition to the foster family agency rate.

   (h) In addition to the adjustment made pursuant to subdivision
(e), the component for social work activities in the rate calculation
specified in the department's regulations for foster family agencies
shall be increased by 10 percent, effective January 1, 2001. This
additional funding shall be used by foster family agencies solely to
supplement staffing, salaries, wages, and benefit levels of staff
performing social work activities. The schedule of rates shall be
recomputed using the adjusted amount for social work activities. The
resultant amounts shall constitute the new schedule of rates for
foster family agencies. The department may require a foster family
agency receiving this additional funding to certify that the funding
was utilized in accordance with the provisions of this section.
   (i) The increased rate provided by subparagraph (C) of paragraph
(1) of subdivision (d) of Section 11461 shall not be used to compute
the monthly amount that may be paid to licensed foster family
agencies for the placement of children in certified foster homes.
   (j) The total foster family agency rate by age group in effect as
of January 1, 2008, paid to licensed foster family agencies for the
placement of children in certified foster family homes, shall be
reduced by 10 percent, effective October 1, 2009. The foster family
agency shall have flexibility in applying the reduction, however, no
more than 10 percent shall be deducted from the child base and
increment, as defined in departmental regulations. When the rate is
restored to at least the rate in effect on September 1, 2009, the
director shall issue the declaration described in Section 1506.3 of
the Health and Safety Code.
   (k) Effective October 1, 2009, the total foster family agency rate
by age group, in effect for those agency rates that are not
determined by the schedule of rates set forth in the department's
regulations, shall be reduced by the same percentage and in the same
manner as provided for in subdivision (j).
   (l) (1) The department shall determine, consistent with the
requirements of this section and other relevant requirements under
law, the rate category for each foster family agency on a biennial
basis. Submission of the biennial rate application shall be according
to a schedule determined by the department.
   (2) The department shall adopt regulations to implement this
subdivision. The adoption, amendment, repeal, or readoption of a
regulation authorized by this subdivision is deemed to be necessary
for the immediate preservation of the public peace, health and
safety, or general welfare, for purposes of Sections 11346.1 and
11349.6 of the Government Code, and the department is hereby exempted
from the requirement to describe specific facts showing the need for
immediate action.