BILL ANALYSIS �
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THIRD READING
Bill No: AB 346
Author: Stone (D)
Amended: 9/6/13 in Senate
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 6-0, 6/11/13
AYES: Yee, Berryhill, Emmerson, Evans, Liu, Wright
SENATE APPROPRIATIONS COMMITTEE : 6-0, 7/1/13
AYES: De Le�n, Walters, Gaines, Hill, Lara, Steinberg
NO VOTE RECORDED: Padilla
ASSEMBLY FLOOR : 76-0, 4/25/13 (Consent) - See last page for
vote
SUBJECT : Runaway and homeless youth shelters
SOURCE : California Coalition for Youth
Department of Social Services
DIGEST : This bill establishes "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.
Senate Floor Amendments of 9/6/13 correct an error related to
chaptering out conflicts between this bill and AB 787, and
correct a grammatical error.
Senate Floor Amendments of 8/20/13 prevent chaptering out of the
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provisions of this bill or AB 74 (Assembly Committee on Budget)
(which has been chaptered but is not yet operative), AB 787, and
SB 66 (Senate Committee on Budget and Fiscal Review).
Additionally, these amendments add a section requiring a RHYS to
ensure all homeless and runaway youth to have fair and equal
access to shelter services, care, and treatment.
ANALYSIS :
Existing law:
1.Establishes the CCFA, which provides for the licensure and
regulation by the DSS of nonmedical residential and
non-residential facilities for mentally ill, developmentally
and physically disabled, and children and adults who require
care or services.
2.Defines "residential facility" to mean a family home, group
care facility, or similar facility providing 24-hour
nonmedical care to persons in need of personal services,
supervision, or assistance that is essential for sustaining
the activities of daily living, or for the protection of the
individual.
3.Prohibits the operation of an "unlicensed community care
facility," defined as a facility providing, or representing
that it provides, care or supervision; or which accepts
residents demonstrating the need for care and supervision; or
which represents itself as a licensed community care facility,
that is not exempted from licensure.
4.Defines "group home" to mean a non-detention, privately
operated residential home, organized and operated on a
nonprofit basis only, of any capacity.
5.Establishes, through regulation, numerous requirements and
standards for group homes pertaining to administrator and
personnel qualifications, intake procedures, staff ratios, and
physical environment requirements, among others.
6.Requires a group home to maintain a ratio of one staff for
every 10 children, except at night.
7.Requires group homes to establish a Needs and Services Plan,
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which includes a time-limited, goal-oriented written plan,
implemented by the licensee, to identify the specific needs of
an individual child and delineates the services necessary to
meet the child's identified needs.
8.Under federal law, establishes the Runaway and Homeless Youth
Act, which provides grant funding for youth homeless shelters,
transitional housing programs, street based outreach services,
counseling, and other services to runaway and homeless minors,
as defined, subject to compliance with certain requirements.
9.Under federal law, establishes the McKinney-Vento Homeless
Assistance Act which defines "homeless children and youths" as
individuals who lack a fixed, regular, and adequate nighttime
residence, as defined.
10.Under the Runaway and Homeless Youth Act, defines "homeless
youth" for purposes of providing homeless youth shelters with
grant funding as an individual who is less than 18 years of
age for whom it is not possible to live in a safe environment
with a relative and who has no other safe alternative living
arrangement.
11.Under the Runaway and Homeless Youth Act, defines "runaway"
as an individual who is less than 18 years of age and who
absents himself/herself from home or a place of legal
residence without the permission of a parent of legal
guardian.
This bill:
1.Requires DSS to license "runaway and homeless youth shelters"
as a subcategory of group home, as specified.
2.Defines "runaway and homeless youth shelter" as a group home
licensed by 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:
A. 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.
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B. 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/herself from home or place
of legal residence without the permission of his/her
family, legal guardian, or foster parent.
1.Requires a licensed RHYS to meet the following requirements:
A. Have a maximum capacity of 25 youths.
B. Maintain a staff to youth ratio of 1:8.
C. 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.
D. Conduct criminal background checks, prior to employment
or interaction with youth at RHYS, of all specified
persons.
1.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.
2.Requires a RYHS to ensure all homeless and runaway youth have
fair and equal access to services, care, and treatment
provided by the shelter and are not subjected to
discrimination or harassment on the basis of actual or
perceived race, ethnic group identification, ancestry,
national origin, color, relation, sex, sexual orientation,
gender identity, mental or physical disability, or HIV status.
3.Contains double-jointing language with SB 66, AB 787 and AB
74.
Background
Homeless Youth in California . A point-in-time survey conducted
in 2011 by the California Research Bureau within the California
State Library, reports that:
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Based on national survey estimates and California's youth
population, it is likely that 200,000 youth under the age
of 18 and thousands of 18 to 24 year olds are homeless for
one or more days a year.
According to the Senate Appropriations Committee analysis, this
figure is based on estimates that homeless youth represent
approximately 12% of the overall youth population.
Additionally, the survey reported there are 34 temporary and
emergency shelters with 555 beds, and that services for homeless
youth are available in only 20 out of 58 counties. The report
notes that most homeless youth are not involved with the child
welfare or juvenile justice systems and therefore are not
eligible for services under those programs. Additionally, the
survey reports that homeless youth do not typically rely on
services intended for homeless adults or families in part
because adult facilities are frequently unable to accommodate
minors.
Runaway and Homeless Youth Act . Based on findings that homeless
youth are at greater risk of developing serious health,
behavioral and emotional problems and are in urgent need of
temporary shelter and services, Congress passed the Runaway and
Homeless Youth Act in 1974, and last reauthorized it in 2008.
The Runaway and Homeless Youth Act establishes a variety of
grants at a 90% match to fund public and nonprofit programs
serving homeless youth. Funded services include temporary
shelters, counseling, street-based services, home-based
services, drug abuse education and prevention services, sexual
abuse and sexual exploitation prevention services.
California receives between $5 million - $7 million a year in
grants made directly to providers, each of which receives a
maximum of approximately $200,000. Not all homeless youth
shelters receive these funds, and all supplement this funding
with a mix of county and private dollars.
According to the Senate Appropriations Committee analysis, 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
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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.
The Senate Appropriations Committee analysis states, this bill
creates uniform statewide criteria for these facilities and
provides clear, consistent guidelines for facilities and
regulators to ensure the continued receipt of federal grant
funds and a safe environment for these youth.
Prior Legislation
SB 119 (Lowenthal, 2012) would have created a licensing category
for emergency youth shelter facilities and would have directed
DSS to adopt regulations for them by January 1, 2013. It was
held in the Senate Appropriations Committee. At the time, it
was not clear whether DSS could implement these provisions
through regulation or whether statute was needed.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
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
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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 of less than
$25,000 (*Fingerprint Fees Account/Sexual Habitual Offender
Program Fund) to process additional background checks and
checks of the Child Abuse Central Index for staff and
volunteers of RHYS.
SUPPORT : (Verified 9/6/13)
California Coalition for Youth (co-source)
California Department of Social Services (co-source)
AFSCME
All Saints Foster Care Project
California Communities United Institute
California State PTA
California Welfare Directors Association
Home Start, Inc.
Housing California
Mendocino County Youth Project and Mendocino Family and Youth
Services
National Association for the Education of Homeless Children and
Youth
San Diego Youth Services
The Arc and United Cerebral Palsy California Collaboration
ARGUMENTS IN OPPOSITION : >
ASSEMBLY FLOOR : 76-0, 4/25/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Ch�vez, Chesbro, Conway,
Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell, Gray,
Grove, Hagman, Hall, Harkey, Roger Hern�ndez, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Maienschein, Mansoor,
Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi,
Nestande, Olsen, Pan, Patterson, Perea, V. Manuel P�rez,
Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting,
Torres, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams,
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Yamada, John A. P�rez
NO VOTE RECORDED: Cooley, Lowenthal, Nazarian, Vacancy
JL:ej 9/9/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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