BILL NUMBER: AB 352	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 13, 2013
	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   , foster family agencies, 
small family homes  , transitional housing placement providers,
and crisis nurseries  , 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 homes  and 
 , foster family agencies,  small family homes  ,
transitional housing placement providers, and crisis nurseries 
licensed pursuant to the provisions described above that provide
residential foster care to a child maintain a smoke-free environment
 in the facility  . The bill would prohibit a person 
  who is  licensed  or certified  pursuant to
these provisions  to provide   and who is
providing  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   or permitting any other
person to smoke inside the facility, and, when the child is present,
on the outdoor grounds of the facility  . The bill would also
prohibit a person  who is  licensed pursuant to these
provisions from smoking in any motor vehicle that is regularly
 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.  (a) Group homes  and   , foster
family agencies,  small family homes  , transitional housing
placement providers, and crisis nurseries  licensed pursuant to
this chapter shall maintain a smoke-free environment  in the
facility  .
   (b)  No   A    person  who
is  licensed  or certified  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 
 shall not smoke or permit any other person to smoke inside the
facility, and, when the child is present, on the outdoor grounds of
the facility  .
   (c)  No   A  person  who is 
licensed pursuant to this chapter to provide residential foster care
shall  not  smoke in any motor vehicle  that is
regularly  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.