BILL NUMBER: AB 1133	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 7, 2013
	AMENDED IN ASSEMBLY  APRIL 8, 2013
	AMENDED IN ASSEMBLY  MARCH 21, 2013

INTRODUCED BY   Assembly Member Mitchell
   (Principal coauthor: Assembly Member Quirk-Silva)
   (Coauthors: Assembly Members Ammiano, Chesbro, and Maienschein)

                        FEBRUARY 22, 2013

   An act to add Section 17739 to the Welfare and Institutions Code,
relating to foster children.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1133, as amended, Mitchell. Foster children: special health
care needs.
   Under existing law, the State Department of Social Services
licenses foster families, and the department and each county provide
assistance to foster parents of low-income children under the Aid to
Families with Dependent Children-Foster Care (AFDC-FC) program.
Existing law requires the department to develop a program, to be
administered by the department and county social services
departments, for the establishment of foster care homes for children
with special health care needs with foster parents trained by health
care professionals pursuant to the discharge plan of the facility
releasing the child being placed in, or currently in, foster care.
Existing law requires each county department of social services to
develop a specified plan for foster care placement of children with
special health care needs.
   This bill would require that, when  determining  the
placement of a foster child  with special health care needs
is being considered   who is medically fragile, as
defined  , preference be given to placement with a foster parent
who is an individual nurse provider, as defined, who provides health
services under the federal Early and Periodic Screening, Diagnosis
and Treatment program, but that this preference be subordinate to the
preference granted to a relative of the child, in accordance with
federal law.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 17739 is added to the Welfare and Institutions
Code, to read:
   17739.  (a) When  determining  the placement of a foster
child  with special health care needs is being considered,
  who is medically fragile, as defined in subdivision
  (b) of Section 1760.2 of the Health and Safety Code, 
preference shall be given to placement with a foster parent who is
an individual nurse provider, as defined in subdivision (m) of
Section  14143.26   14043.26  of the
Welfare and Institutions Code, who provides health services under the
federal Early and Periodic Screening, Diagnosis and Treatment
program (Section 1396d(a)(4)(B) of Title 42 of the United States
Code).
   (b) The preference described in subdivision (a) shall be
subordinate to the preference granted to a relative of the child
under Section 361.3, in accordance with Section 671(a)(19) of Title
42 of the United States Code. 
   (c) This section does not prohibit a child welfare agency or the
juvenile court from placing a medically fragile foster child in a
specialized foster care home with appropriate support services if it
is deemed to be in the best interest of the child.