BILL ANALYSIS Ó
SENATE HUMAN
SERVICES COMMITTEE
Senator Leland Y. Yee, Chair
BILL NO: AB 413
A
AUTHOR: Chavez
B
VERSION: March 19, 2013
HEARING DATE: June 11, 2013
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FISCAL: No
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CONSULTANT: Sara Rogers
SUBJECT
Foster care: specialized foster care homes
SUMMARY
This bill corrects two technical drafting errors in statute
related to licensing standards for specialized foster care
homes to correct two instances of incorrect numbering and
an incorrect statutory reference.
ABSTRACT
Existing Law:
1. Establishes the Community Care Facilities Act
(CCFA), which provides for the licensure and
regulation by the Department of Social Services of
nonmedical residential and non-residential facilities
for mentally ill, developmentally and physically
disabled, and children and adults who require care or
services. (HSC Section 1500 et seq.)
2. Defines "small family home" within the CCFA to mean
a licensee's family residence providing 24-hour care
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for six or fewer foster children who have mental
disorders or developmental or physical disabilities
and who require special care and supervision as a
result of their disabilities. (HSC 1502)
3. Defines "specialized foster care home" within the
CCFA to mean foster homes where the foster parents
reside in the home and have been trained to provide
specialized in-home health care to foster children,
which includes small family homes. (WIC 17710)
4. Provides that specialized foster care homes,
including small family homes, may care for no more
than two children, except as specified. (WIC 17732)
5. Permits a licensed small family home, but not a
certified home, to accept more than two children with
or without special health care needs if specified
conditions are met for each placement in excess of the
two-child limit. (WIC 17732 (c)(2))
6. Exempts a foster family home, which cares for more
than three children with special health care needs
from paying the application fee associated with
licensure. (WIC 17732, HSC 1523.1)
This bill:
1. Corrects inaccurate numbering of the specified
conditions that a licensed small family home must meet
to care for more than two children.
2. Corrects an inaccurate statutory reference to
Health and Safety Code, which establishes the
application fee structure from which foster family
home caring for special needs children are exempted.
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FISCAL IMPACT
This bill has been designated as non-fiscal and has not
been analyzed by a fiscal committee.
BACKGROUND AND DISCUSSION
According to the author, AB 413 is a cleanup measure which
corrects several technical drafting errors from AB 1928
(Cook) Chapter 120, statutes of 2012, in the Welfare and
Institutions Code relating to foster children.
The author states that prior to AB 1928's enrollment
(Section 17732 of the Welfare and Institutions Code), there
were four additional requirements for placing three or more
children in a small foster family home. The author states
that since AB 1928 was enrolled, two of these requirements
have been re-numbered in error, which essentially takes
them away.
AB 1928
Last year, AB 1928 clarified existing law regarding the
conditions by which the number of foster children residing
in a specialized foster care home may be increased beyond
two children in response to the practice of some counties
of counting the biological children foster parents against
the foster child placement limits.
The bill additionally clarified existing law regarding the
residential capacity requirements for small family homes
when more than two children reside in the facility.
Specifically, prior to caring for more than two children
and up to the licensed capacity of six children, small
family homes must fulfill the following conditions:
Ensure at least one of the children in
the facility is a regional center client.
Obtain the assistance of a specialized
in-home health care giver, whenever four or more
foster children are physically present in the
facility, except as specified.
Ensure on-call assistance is available at
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all times to respond in case of an emergency.
Ensure that the home is sufficient in
size to accommodate the needs of all children in
the home.
The last two conditions listed were incorrectly renumbered
in AB 1928 due to drafting errors. Additionally, existing
law exempts foster family homes caring for more than three
children with special health care needs from the
application fees established pursuant to Health and Safety
Code (HSC) Section 1523.1. Existing law incorrectly
references HSC Section 1523.
Related legislation
AB 1928 (Cook) Chapter 120, statutes of 2012 clarified
existing law regarding the conditions by which the number
of foster children residing in a specialized foster care
home may be increased.
PRIOR VOTES
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|Assembly Floor: | | | | | |
| 76 - 0 | | | | | |
|Assembly Human Services: | | | | | |
| 7 - 0 | | | | | |
| | | | | | |
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POSITIONS
Support: None received
Oppose: None received
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