BILL NUMBER: AB 352	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 19, 2013
	PASSED THE ASSEMBLY  AUGUST 22, 2013
	AMENDED IN SENATE  JUNE 26, 2013
	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, Hall. Foster care: smoke-free environment.
   Existing law, the California Community Care Facilities Act,
regulates various community care facilities, including foster family
homes, 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, 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 and who is
providing residential care in a foster family home or certified
family home from smoking 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 or certified 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.


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, 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) A person who is licensed or certified pursuant to this chapter
to provide residential care in a foster family home or certified
family home 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) A person who is licensed or certified 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.