Amended in Assembly April 23, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 352


Introduced by Assembly Member Hall

(Coauthor: Assembly Member Bloom)

February 13, 2013


An act to add Section 1530.7 to the Health and Safety Code, relating to foster care.

LEGISLATIVE COUNSEL’S DIGEST

AB 352, as amended, Hall. Foster care: smoke-free environment.

Existing law, the California Community Care Facilities Act, regulates various community care facilities, including foster family homes and small family homes, as defined, which provide care for foster children. The act requires the State Department of Social Services to adopt regulations for these facilities, and requires that regulations for a license prescribe standards of safety and sanitation for the physical plant and standards for basic personal care, supervision, and services based upon the category of licensure. Any person who violates the act, or who willfully or repeatedly violates any rule or regulation promulgated under the act, is guilty of a misdemeanor.

This bill would require thatbegin delete personsend deletebegin insert group homes and small family homesend insert licensed pursuant to the provisions described abovebegin delete toend deletebegin insert thatend insert provide residential foster care to a child maintain a smoke-free environmentbegin delete in the home in which the child resides, including the garage and bathrooms, andend deletebegin insert. The bill would prohibit a person licensed pursuant to these provisions to provide residential care in a foster family home or certified family home from smoking in the home or in the physical presence of the foster youth. The bill would also prohibit a person licensed pursuant to these provisions from smokingend insert inbegin delete allend deletebegin insert anyend insert motorbegin delete vehiclesend deletebegin insert vehicleend insert used to transport the child. Because a violation of the act, or the willful or repeated violation of any rule or regulation promulgated under the act, would be a crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 1530.7 is added to the Health and Safety
2Code
, to read:

3

1530.7.  

begin deletePersons licensed pursuant to this chapter to provide
4residential foster care to a child end delete
begin insert(a)end insertbegin insertend insertbegin insertGroup homes and small family
5homes licensed pursuant to this chapter end insert
shall maintain a smoke-free
6begin delete environment in the home in which the child resides, including the
7garage and bathrooms, andend delete
begin insert environment.end insert

8begin insert(b)end insertbegin insertend insertbegin insertNo person licensed pursuant to this chapter to provide
9residential care in a foster family home or certified family home
10may smoke in the home or in the physical presence of the foster
11youth. This subdivision shall not apply to homes of relative and
12nonrelative extended family member caregivers.end insert

13begin insert(c)end insertbegin insertend insertbegin insertNo person licensed pursuant to this chapter to provide
14residential foster care shall smoke end insert
inbegin delete allend deletebegin insert anyend insert motorbegin delete vehiclesend deletebegin insert vehicleend insert
15 used to transport the child.

16

SEC. 2.  

No reimbursement is required by this act pursuant to
17Section 6 of Article XIII B of the California Constitution because
18the only costs that may be incurred by a local agency or school
19district will be incurred because this act creates a new crime or
20infraction, eliminates a crime or infraction, or changes the penalty
21for a crime or infraction, within the meaning of Section 17556 of
22the Government Code, or changes the definition of a crime within
P3    1the meaning of Section 6 of Article XIII B of the California
2Constitution.



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