Amended in Senate June 13, 2013

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 homesbegin delete andend deletebegin insert, foster family agencies,end insert small family homesbegin insert, transitional housing placement providers, and crisis nurseriesend insert, 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 group homesbegin delete andend deletebegin insert, foster family agencies,end insert small family homesbegin insert, transitional housing placement providers, and crisis nurseriesend insert licensed pursuant to the provisions described above that provide residential foster care to a child maintain a smoke-free environmentbegin insert in the facilityend insert. The bill would prohibit a personbegin insert who isend insert licensedbegin insert or certifiedend insert pursuant to these provisionsbegin delete to provideend deletebegin insert and who is providingend insert residential care in a foster family home or certified family home from smokingbegin delete in the home or in the physical presence of the foster youthend deletebegin insert or permitting any other person to smoke inside the facility, and, when the child is present, on the outdoor grounds of the facilityend insert. The bill would also prohibit a personbegin insert who isend insert licensed pursuant to these provisions from smoking in any motor vehiclebegin insert that is regularlyend 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:

P2    1

SECTION 1.  

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

3

1530.7.  

(a) Group homesbegin delete andend deletebegin insert, foster family agencies,end insert small
4family homesbegin insert, transitional housing placement providers, and crisis
5nurseriesend insert
licensed pursuant to this chapter shall maintain a
6smoke-free environmentbegin insert in the facilityend insert.

7(b) begin deleteNo end deletebegin insertA end insertpersonbegin insert who isend insert licensedbegin insert or certifiedend insert pursuant to this
8chapter to provide residential care in a foster family home or
9certified family home begin deletemay smoke in the home or in the physical
10presence of the foster youth. This subdivision shall not apply to
11homes of relative and nonrelative extended family member
12caregiversend delete
begin insert shall not smoke or permit any other person to smoke
13inside the facility, and, when the child is present, on the outdoor
14grounds of the facilityend insert
.

15(c) begin deleteNo end deletebegin insertA end insertpersonbegin insert who isend insert licensed pursuant to this chapter to
16provide residential foster care shallbegin insert notend insert smoke in any motor vehicle
17begin insert that is regularly end insert used to transport the child.

18

SEC. 2.  

No reimbursement is required by this act pursuant to
19Section 6 of Article XIII B of the California Constitution because
20the only costs that may be incurred by a local agency or school
P3    1district will be incurred because this act creates a new crime or
2infraction, eliminates a crime or infraction, or changes the penalty
3for a crime or infraction, within the meaning of Section 17556 of
4the Government Code, or changes the definition of a crime within
5the meaning of Section 6 of Article XIII B of the California
6Constitution.



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