BILL NUMBER: AB 352	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 23, 2013

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 that  persons   group
homes and small family homes  licensed pursuant to the
provisions described above  to   that 
provide residential foster care to a child maintain a smoke-free
environment  in the home in which the child resides,
including the garage and bathrooms, and   . 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 smoking  in  all 
 any  motor  vehicles   vehicle 
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:

  SECTION 1.  Section 1530.7 is added to the Health and Safety Code,
to read:
   1530.7.   Persons licensed pursuant to this chapter to
provide residential foster care to a child   (a) 
   Group homes and small family homes licensed pursuant
to this chapter  shall maintain a smoke-free 
environment in the home in which the child resides, including the
garage and bathrooms, and   environment. 
    (b)     No person licensed pursuant to this
chapter to provide residential care in a foster family home or
certified family home may smoke in the home or in the physical
presence of the foster youth. This subdivision shall not apply to
homes of relative and nonrelative extended family member caregivers.

    (c)     No person licensed pursuant to this
chapter to provide residential foster care shall smoke  in
 all   any  motor  vehicles
  vehicle  used to transport the child.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.