Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 413


Introduced by Assembly Member Chávez

February 15, 2013


An act to amend Section 17732 of the Welfare and Institutions Code, relating to foster care.

LEGISLATIVE COUNSEL’S DIGEST

AB 413, as amended, Chávez. Foster care: specialized foster care homes.

Existing law requires the State Department of Social Services to establish specialized foster care homes for children with special health care needs, but generally prohibits more than 2 foster children from residing in a specialized foster care home, except as specified. Existing law permits a licensed small family home, except as specified, to accept more than 2 foster children under certain conditions, including that, if 4 or more foster children are physically present in the facility, on-call assistance is available at all times to respond in case of an emergency and that the home is sufficient in size to accommodate the needs of all children in the home.

The bill would provide that the conditions described above that apply if 4 or more foster children are physically present, would apply if a licensed small family home exceeds the 2 child limit.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 17732 of the Welfare and Institutions
2Code
is amended to read:

3

17732.  

(a) No more than two foster children with or without
4special health care needs shall reside in a specialized foster care
5home with the following exceptions:

6(1) A specialized foster care home may have a third foster child
7with or without special health care needs placed in that home
8provided that the licensed capacity, as determined by the
9department pursuant to the California Community Care Facilities
10Act (Chapter 3 (commencing with Section 1500) of Division 2 of
11the Health and Safety Code) is not exceeded and provided that all
12of the following conditions have been met:

13(A) The child’s placement worker has determined and
14documented that no other placement is available.

15(B) For each child in placement and the child to be placed, the
16child’s placement worker has determined that his or her
17psychological and social needs will be met by placement in the
18home and has documented that determination. New determinations
19shall be made and documented each time there is an increase or
20turnover in foster care children and the two-child capacity limit is
21exceeded.

22(C) The individualized health care plan team responsible for
23the ongoing care of each child with special health care needs
24involved has considered the number of adoptive, biological, and
25foster children, and children in guardianship living in the home
26and determined that the two-child limit may be exceeded without
27jeopardizing the health and safety of that child, and has documented
28that determination. New determinations shall be made and
29documented each time there is an increase or turnover in foster
30 care children and the two-child capacity limit is exceeded.

31(2) A licensed small family home, but not a certified home, may
32exceed the two-child placement limit and accept children with or
33without special health care needs up to the licensed capacity as
34determined by the department pursuant to paragraph (6) of
35subdivision (a) of Section 1502 of the Health and Safety Code if
36the conditions in paragraph (1) have been met for both the third
37foster child and each foster child placed thereafter, and the
38following additional conditions have been met:

P3    1(A) At least one of the children in the facility is a regional center
2client monitored in accordance with Section 56001 and following
3of Title 17 of the California Code of Regulations.

4(B) Whenever four or more foster children are physically present
5in the facility, the licensee of the small family home has the
6assistance of a caregiver to provide specialized in-home health
7care to the children except that:

8(i) Night assistance shall not be required for those hours that
9the individualized health care plan team for each child with special
10health care needs has documented that the child will not require
11specialized medical services during that time.

12(ii) The department may determine that additional assistance is
13required to provide appropriate care and supervision for all children
14in placement. The determination shall only be made after
15consultation with the appropriate regional center and any
16appropriate individual health care teams.

17(C) On-call assistance is available at all times to respond in case
18of an emergency. The on-call assistant shall meet the requirements
19of paragraph (5) of subdivision (c) of Section 17731.

20(D) The home is sufficient in size to accommodate the needs
21of all children in the home.

22(b) Notwithstandingbegin delete formerend delete Sectionbegin delete 1523end deletebegin insert 1523.1end insert of the Health
23and Safety Code, a foster family home which has more than three
24children with special health care needs in its care as of January 1,
251992, and which applies for licensure as a small family home in
26order to continue to provide care for those children, shall be exempt
27from the application fee.

28(c) Except for children with special health care needs placed in
29group homes before January 1, 1992, no child with special health
30care needs may be placed in any group home or combination of
31group homes for longer than a short-term placement of 120
32calendar days. The short-term placement in the group home shall
33be on an emergency basis for the purpose of arranging a subsequent
34placement in a less restrictive setting, such as with the child’s
35natural parents or relatives, with a foster parent or foster family
36agency, or with another appropriate person or facility. The 120-day
37limitation shall not be extended, except by the approval of the
38director or his or her designee. For children placed after January
391, 1992, the 120-day limitation shall begin on the effective date
P4    1of the amendments to this section made during the 1993 portion
2of the 1993-94 Regular Session.

3(d) A child with special health care needs shall not be placed
4in a group home unless the child’s placement worker has
5determined and documented that the group home has a program
6that meets the specific needs of the child being placed and there
7is a commonalty of needs with the other children in the group
8home.

9(e) The Legislature finds and declares that the amendments to
10this section made by the act that added this subdivision are
11declaratory of existing law.



O

    98