BILL ANALYSIS Ó
AB 1928
Page 1
Date of Hearing: April 24, 2012
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Jim Beall Jr., Chair
AB 1928 (Cook) - As Amended: April 18, 2012
SUBJECT : Foster homes: residential capacity
SUMMARY : Clarifies conditions under which the number of foster
children residing in a specialized foster care home may be
increased from two to three. Specifically, this bill :
1)Provides that a specialized foster care home may have a third
foster child with or without special health care needs placed
in the home provided that the licensed capacity is not
exceeded and specified conditions are met.
2)Requires that the individualized health care plan team
responsible for the ongoing care of each child with special
health care needs involved consider the number of adoptive,
biological and guardianship children living in the home in
meeting the exception requirements for a third foster child
with or without special health care needs to be placed in a
specialized foster care home.
3)Requires the State Department of Social Services (DSS) to
consider all adoptive biological, foster, and guardianship
children living in the home and determine a licensed capacity
for foster children that does not cause the home to exceed a
total of six children living in the home.
4)Finds and declares that this bill is declaratory of existing
law.
EXISTING LAW
1)Requires DSS to develop a program to establish specialized
foster care homes for children with special health care needs.
2)Defines (at Welfare & Institutions (W&I) Code § 17710(i))
"specialized foster care home" as any of the following foster
homes where the foster parents reside in the home and have
been trained to provide specialized in-home health care to
foster children:
AB 1928
Page 2
a) Licensed foster family homes, as defined in Health &
Safety (H&S) Code § 1502(a)(5).
b) Licensed small family homes, as defined in H&S Code §
1502(a)(6).
c) Certified family homes, as defined in H&S Code §
1506(d), that have accepted placement of a child with
special health care needs who is under the supervision and
monitoring of a registered nurse employed by, or on
contract with, the certifying agency, and who is either of
the following:
i) A dependent of the court under W&I Code § 300.
ii) Developmentally disabled and receiving services and
case management from a regional center.
3)Limits licensed foster family homes and licensed small family
homes to a capacity of six or fewer foster children. H&S Code
§§ 1502(a)(5), (a)(6).
4)Authorizes DSS to authorize a foster family home to provide
care for up to eight foster children in specified
circumstances if the home is not a specialized foster care
home. H&S Code § 1505.2.
5)Provides that no more than two children shall reside in a
specialized foster care home, except the home may have a third
child with or without special health care needs provided the
licensed capacity is not exceeded and:
i) The child's placement worker has determined and
documented that no other placement is available;
ii) For each child in placement and to be placed, the
placement worker has determined his or her psychological
and social needs will be met by placement in the home and
has documented that determination; and,
iii) The individualized health care plan team responsible
for the ongoing care of each child with special health
care needs involved has determined that the two-child
limit may be exceeded without jeopardizing the health and
safety of that child, and has documented that
AB 1928
Page 3
determination. (W&I Code § 17732)
6)Provides, by regulation amended effective April 3, 2010 (22
CCR § 89510.1), that a specialized foster family home shall
not care for more than two children with or without special
health care needs. However, a specialized foster family home
may accept a third "child" with or without special health care
needs provided that the licensed capacity, as determined by
the licensing agency, is not exceeded, and all of the
following conditions are met:
a) The county social worker, regional center caseworker, or
person or agency responsible for placing a third "child"
determines that the county or the regional center service
area in which the specialized foster family home is
physically located has no other specialized foster family
home, nonspecialized foster family home, small family home,
or certified family home available to care for a "child"
with or without special health care needs;
b) The county social worker, regional center caseworker, or
person or agency responsible for placing each "child"
determines that the specialized foster family home can meet
their psychological and social needs; and,
c) The individualized health care plan team for each "child
with special health care needs" in the specialized foster
family home determines that placement of a third "child"
will not jeopardize their health and safety.
FISCAL EFFECT : Unknown
COMMENTS : Existing law, Welfare & Institutions Code Section
17332, establishes the general rule that no more than two foster
care children may reside in a specialized foster care home.
Exceptions may be authorized to permit a specialized foster care
home to have a third "child" with or without special health care
needs placed in the home provided the licensed capacity is not
exceeded and provided that specified conditions are met.
According to the author, there is confusion as to whether the
reference to "child" in this provision is to a foster child, or
also refers to the adoptive, biological or guardianship children
of the foster care provider. The latter interpretation would
restrict the ability of the foster parent to care for an
AB 1928
Page 4
additional foster child if there are also non-foster children in
the home. Citing the example of San Bernardino County, the
author says that the county's misinterpretation "has prevented
several trained foster care parents from being allowed to care
for medically fragile foster children because they have children
of their own. It has also limited the number of available beds
in the county."
This bill would clarify Section 17732 to say that the reference
to a third "child" is to a foster child, with or without special
health care needs. There may be additional children who are the
adoptive, biological, or guardianship children of the foster
parent, as long as the licensing capacity of the home is not
exceeded. This bill also clarifies the role of the
individualized health care plan team for each child with special
health care needs in determining that the two-child limit may be
exceeded.
The clarification made by this bill is consistent with DSS'
regulatory interpretation of the existing statute. Thus, in
conjunction with revised regulations pertaining to foster family
homes (FFH) (which were effective on April 3, 2010), DSS issued
an Information Release that explained the following with respect
to the capacity of specialized FFHs:
A specialized FFH must be licensed for no more than
two foster children with or without special health
care needs ?. However, such a home may be licensed for
up to three foster children with or without special
health care needs if the home can meet the needs of a
third "child," and placement of the third "child" in
the home will not jeopardize the health and safety of
other foster children placed in the home ?. The
capacity determination for a specialized FFH is
subject to the consideration of the adoptive,
biological, and guardianship children already living
in the home.
CCL Information Release No. 2011-01, pp. 3-4 (emphasis
added).
Prior to the most recent amendments, the California Alliance of
Child and Family Services (Alliance) indicated it would support
this bill if amended. The Alliance confirms that they do
believe "there is confusion regarding the capacity limit for
AB 1928
Page 5
specialized foster care homes and that some counties refuse to
even consider and evaluate a home to care for a Medically
Fragile Foster Child if there are already two or more children
residing in that home, even if the two or more children are
biological, adoptive or guardianship." The current version of
this bill appears to address the Alliance's concerns. With the
most recent amendments, the Youth Law Center has also withdrawn
its prior opposition to this bill.
REGISTERED SUPPORT / OPPOSITION :
Support
Not relevant to current version
Opposition
Not relevant to current version
Analysis Prepared by : Eric Gelber / HUM. S. / (916) 319-2089