BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de Le�n, Chair


          AB 346 (Stone) - Runaway and homeless youth shelters.
          
          Amended: June 14, 2013          Policy Vote: Human Services 6-0
          Urgency: No                     Mandate: Yes
          Hearing Date: July 1, 2013      Consultant: Jolie Onodera
          
          This bill does not meet the criteria for referral to the  
          Suspense File.


          Bill Summary: AB 346 would establish "runaway and homeless youth  
          shelters" (RHYS) as a new subcategory of group home under the  
          Community Care Facilities Act (CCFA), requiring licensure by the  
          Department of Social Services (DSS), as specified. 

          Fiscal Impact: 
              Minor workload impact likely less than $50,000 (General  
              Fund) to the DSS to adopt regulations establishing RHYS as a  
              subcategory under the existing group home licensing  
              category. Minor, absorbable ongoing costs related to  
              enforcement. There are approximately 40 facilities, of which  
              28 facilities are currently licensed by DSS.
              Enables youth shelters to retain eligibility for federal  
              funding in the range of $5 million to $7 million under the  
              Runaway and Homeless Youth Act. Funding is conditional on  
              compliance with state licensing standards such that youth  
              shelters could potentially risk federal citation and loss of  
              federal funding in the absence of this measure.
              Ongoing costs to the Department of Justice (DOJ) of less  
              than $25,000 (Special Fund*) to process additional  
              background checks and checks of the Child Abuse Central  
              Index (CACI) for staff and volunteers of RHYS.
          *Fingerprint Fees Account/Sexual Habitual Offender Program  
          (SHOP)

          Background: Existing law establishes the CCFA which provides for  
          the licensure and regulation by the DSS of nonmedical  
          residential and non-residential facilities for children and  
          adults who require care or services. Current law establishes  
          numerous requirements and standards for "group homes", defined  
          to mean non-detention, privately operated residential homes,  
          organized and operated on a non-profit basis only, of any  








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          capacity. Emergency youth shelters operating in this state  
          provide voluntary, short-term shelter and personal services to  
          youth who are homeless or at risk of homelessness.

          It is estimated there are approximately 40 emergency youth  
          shelters operating in California, however, it is not clear  
          whether these facilities are subject to state licensure under  
          existing law. Many shelters operate under group home licenses  
          (some with exemptions for specific components), but facilities  
          have indicated barriers to serving youth seeking voluntary  
          temporary care due to group home standards developed for  
          non-voluntary, long-term placements. 

          Many emergency youth shelters receive federal grant funding  
          through the federal Runaway and Homeless Youth Act. Although  
          federal law does not require that grantees be licensed, all  
          grantees must be in compliance with their state and local  
          licensing requirements and standards. This has led to  
          inconsistency and misunderstanding regarding the interpretation  
          of this requirement, potentially jeopardizing the receipt of  
          federal funds.

          This bill would create uniform statewide criteria for these  
          facilities and would provide clear, consistent guidelines for  
          facilities and regulators to ensure the continued receipt of  
          federal grant funds and a safe environment for these youth.

          Proposed Law: This bill would require the DSS to license  
          "runaway and homeless youth shelters" as a subcategory of group  
          home, as specified. Specifically, this bill:
                 Defines "runaway and homeless youth shelter" as a group  
               home licensed by the DSS to operate a program to provide  
               voluntary, short-term (no more than 21 consecutive days),  
               24-hour, non-medical care and supervision and personal  
               services to runaway youth or homeless youth, as defined:
                  o         Homeless youth - a youth 12 to 17 years of  
                    age, or 18 years of age if the youth is completing  
                    high school or its equivalent, who is in need of  
                    services and without a place of shelter.
                  o         Runaway youth - a youth 12 to 17 years of age,  
                    or 18 years of age if the youth is completing high  
                    school or its equivalent, who absents himself or  
                    herself from home or place of legal residence without  
                    the permission of his or her family, legal guardian,  








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                    or foster parent.
                 Provides that RHYS shall have a maximum capacity of 25  
               youths.
                 Provides that RHYS shall have a staff to youth ratio of  
               1:8.
                 Provides that RHYS shall establish procedures to assist  
               youth in securing long-term stability that includes family  
               reunification and coordinating with appropriate  
               individuals, local agencies, or organizations to help  
               foster youth secure a suitable placement.
                 Provides that prior to employment or interaction with  
               youth at RHYS, all specified persons shall complete  
               criminal background checks.
                 Specifies that a RHYS program is not eligible for a  
               foster care rate, and that a RHYS is not a placement option  
               for foster youth.

          Prior Legislation: SB 119 (Lowenthal) 2012 would have created a  
          new licensing category for emergency youth shelter facilities  
          and would have directed the DSS to adopt regulations by January  
          1, 2013. This bill was held on the Suspense File of this  
          committee.

          Staff Comments: The provisions of this bill will provide the DSS  
          with the statutory authority necessary to license runaway and  
          homeless youth shelters by creating a subcategory of group home  
          licensure under the CCFA. The DSS has indicated the workload  
          associated with the adoption of regulations for this subcategory  
          will result in minor and absorbable costs, as much of the  
          structure established for group homes will be used for the RHYS  
          subcategory, and appropriate modifications tailored for RHYS  
          have already been discussed with stakeholders.

          The DOJ has indicated the provisions of this bill will result in  
          additional workload-related costs of less than $25,000 (Special  
          Fund) per year to conduct background checks and checks of the  
          CACI for employees and volunteers of RHYS. 

          To the extent these facilities are able to provide greater  
          access to services for these youth to reduce homelessness, there  
          could be increased state and local costs for services. However,  
          depending on the nature of these services, there may be  
          significant future cost savings to the state and counties  
          associated with the criminal justice and public social services  








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          systems.