BILL ANALYSIS                                                                                                                                                                                                    Ó


          |SENATE RULES COMMITTEE            |                        AB 352|
          |Office of Senate Floor Analyses   |                              |
          |1020 N Street, Suite 524          |                              |
          |(916) 651-1520         Fax: (916) |                              |
          |327-4478                          |                              |
                                    THIRD READING

          Bill No:  AB 352
          Author:   Hall (D), et al.
          Amended:  6/26/13 in Senate
          Vote:     21

           SENATE HUMAN SERVICES COMMITTEE  :  4-0, 6/11/13
          AYES:  Yee, Evans, Liu, Wright
          NO VOTE RECORDED:  Berryhill, Emmerson
          SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8  

          ASSEMBLY FLOOR  :  51-19, 5/16/13 - See last page for vote

           SUBJECT  :    Foster care:  smoke-free environment

           SOURCE  :     Author

           DIGEST  :    This bill requires licensed group homes, foster  
          family agencies, small family homes, transitional housing  
          placement providers, and crisis nurseries that provide  
          residential foster care to a child to maintain a smoke-free  
          environment.  Prohibits a person who is licensed or certified to  
          provide 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.  This bill also prohibits 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.



                                                                     AB 352

           ANALYSIS  :    

          Existing law: 

          1. Establishes that the state, through the Department of Social  
             Services (DSS) and county welfare departments, supports a  
             public system of statewide child welfare services, as  

          2. Establishes within California's juvenile court the  
             jurisdiction to remove children from their parents or  
             guardians and vests the court with the responsibility to  
             provide care, treatment, and guidance consistent with their  
             best interest and the best interest of the public. 

          3. Establishes licensure requirements for persons who wish to  
             become residential caregivers. 

          4. Establishes regulations for homes licensed to care for foster  
             children in small family homes, certified family homes and  
             group homes. 

          5. Establishes in California a smoke-free workplace law which  
             prohibits the smoking of tobacco products in an enclosed  
             space at a place of employment. 

          6. Excludes private homes from this prohibition on smoking, with  
             the exception of private residences licensed as family day  
             care homes, during the hours of operation as family day care  
             homes and in those areas where children are present. 

          7. Prohibits a person from smoking a pipe, cigar, or cigarette  
             in a motor vehicle, whether in motion or at rest, in which  
             there is a minor. 

          This bill: 

          1. Requires group homes and foster family agencies, small family  
             homes, transitional housing placement providers, and crisis  
             nurseries licensed by the state to maintain a smoke-free  

          2. Prohibits a caregiver who is licensed or certified to provide  
             residential care in a foster family home or certified family  



                                                                     AB 352

             home or any other person from smoking inside the facility,  
             and when the child is present, on the outdoor grounds of the  

          3. Exempts the homes of relative and nonrelative extended family  
             member caregivers from the smoking prohibition.

          4. Prohibits a person licensed or certified as a caregiver in  
             residential foster care from smoking in any motor vehicle  
             that is regularly used to transport the child.

           California youth in foster care  .  Approximately 56,500 children  
          were in foster care as of January 1, 2013, according to data  
          compiled and reported by the Center for Social Services Research  
          at University of California, Berkeley.  In California, DSS  
          oversees a county-administered child welfare services system,  
          which responded to approximately 40,000 reports of abuse,  
          neglect or exploitation in 2012.  According to DSS, nearly one  
          in three foster children lives in Los Angeles County.  

           Chronic health conditions among foster youth  .  According to a  
          policy statement issued in November 2012 by the American Academy  
          of Pediatrics (AAP), foster children face medical and mental  
          health challenges at significantly higher rates than other  
          children, often as a consequence of the circumstances that led  
          to their removal from their home and sometimes exacerbated by  
          their experiences in foster care.  

          The AAP noted that health issues include developmental delays,  
          emotional adjustment problems, chronic medical problems, birth  
          defects, substance abuse, and pregnancy. In the foster care  
          population, more than 60% of youth will have mental health  
          problems during their lifetime; 30% to 40% of adolescents are  
          coping with mental health issues, including posttraumatic stress  
          disorder; and more than one-third of older adolescents have a  
          chronic illness or disability, according to the policy  

           Secondhand smoke  .  Cigarettes are responsible for one in five  
          deaths in the United States annually, according to a report  
          issued by the U.S. Attorney General in 2010.  A 2007 Surgeon  
          General's report found that children are far more exposed to  



                                                                     AB 352

          secondhand smoke than adults.  Nearly 60% of U.S. children  
          between 3 and 11 years, or almost 22 million children, are  
          exposed to secondhand smoke annually. 

          As a result of this research, a growing number of U.S.  
          workplaces and other public places are now smoke-free.  Today,  
          according to the Surgeon General, the one indoor space where  
          adults, and above all children, are most exposed to secondhand  
          smoke is the home.  One in five children is exposed to smoke in  
          their homes.

           Other states  .  18 states, including Illinois, Colorado, Alaska,  
          Pennsylvania and Texas, have prohibited smoking in foster and  
          group homes, according to the Public Health Law Center report.   
          In most of those cases, states prohibited smoking within the  
          residence or facility and in associated vehicles, but did not  
          restrict smoking outside within range of the home.  Just five of  
          the states also restricted outdoor smoking near the home or  

          In 2011, the Hennepin County (Minnesota) departments of Human  
          Services and Public Health conducted a survey of 16 states that  
          had prohibited smoking in foster homes.  Some states  
          additionally prohibited smoking in vehicles while foster  
          children were being transported.  The surveyors were interested  
          in whether the smoking ban had lowered the number of people who  
          were willing to become foster parents, a concern they wrote that  
          had been echoed in a number of states who implemented the ban.

          When asked if the numbers of foster parents recruited had  
          dropped since the smoking ban took effect, 12 of the 16 states  
          told surveyors that the numbers of foster parents had not  
          declined and the remaining four said their declines had nothing  
          to do with the smoking ban.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           SUPPORT  :   (Verified  7/1/13)

          Advancement Project
          American Cancer Society Cancer Action Network
          California Black Health Network
          Children's Law Center of California



                                                                     AB 352

          Crittenton Services for Children and Families 
          National Association of Social Workers - California Chapter

           ARGUMENTS IN SUPPORT  :    The author's office states that  
          California has a responsibility to protect foster children and  
          to ensure that they reside in safe and healthy environments.   
          California currently spends approximately one billion dollars  
          every year for board, care and services for foster children, the  
          author further states.  Numerous studies have documented the  
          prevalence of chronic medical conditions among foster youth.   
          Further, children are particularly vulnerable to the effects of  
          secondhand smoke because they are still developing physically,  
          have higher breathing rates than adults and have little control  
          over their indoor environments, according to the author's  
          office.  Children exposed to high doses of secondhand smoke run  
          the greatest relative risk of experiencing damaging health  
          effects including asthma, bronchitis, pneumonia and inner ear  

          The author's office states that when foster children reside in  
          an environment where their health is compromised by exposure to  
          secondhand smoke, the state's health care costs for  
          tobacco-related medical conditions almost certainly rise.   
          According to the author's office, this bill will ensure that  
          foster children, already one of the most vulnerable populations  
          in our state, enjoy a safe and healthy environment to live and  

           ASSEMBLY FLOOR  :  51-19, 5/16/13
          AYES:  Alejo, Ammiano, Atkins, Bloom, Blumenfield, Bocanegra,  
            Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon,  
            Campos, Chau, Chesbro, Cooley, Daly, Dickinson, Eggman, Fong,  
            Fox, Frazier, Garcia, Gatto, Gomez, Gordon, Gray, Hall, Roger  
            Hernández, Jones-Sawyer, Levine, Lowenthal, Medina, Mitchell,  
            Mullin, Muratsuchi, Nazarian, Pan, Perea, V. Manuel Pérez,  
            Quirk, Quirk-Silva, Rendon, Salas, Skinner, Ting, Torres,  
            Weber, Wieckowski, Yamada, John A. Pérez
          NOES:  Achadjian, Bigelow, Chávez, Conway, Dahle, Donnelly, Beth  
            Gaines, Hagman, Harkey, Jones, Linder, Logue, Maienschein,  
            Mansoor, Nestande, Patterson, Wagner, Waldron, Wilk
          NO VOTE RECORDED:  Allen, Gorell, Grove, Holden, Melendez,  
            Morrell, Olsen, Stone, Williams, Vacancy



                                                                     AB 352

          JL:k  7/1/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

                                   ****  END  ****