Amended in Senate June 27, 2013

Amended in Assembly May 7, 2013

Amended in Assembly April 8, 2013

Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1133


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 who is medically fragile, as defined,begin delete preferenceend deletebegin insert priority considerationend insert 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 thisbegin delete preferenceend deletebegin insert priority considerationend insert 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:

begin insert
P2    1

begin insertSECTION 1.end insert  

The Legislature finds and declares all of the
2following:

3(a) There are growing numbers of medically fragile infants
4entering the foster care system.

5(b) Local resources have been, and continue to be, strained to
6the limit in providing services to the expanding number of these
7and other medically fragile foster children.

8(c) These children are harder to place with the typical foster
9parent because of their special needs, and they become forgotten
10members of our society.

11(d) Encouraging trained nurses to be foster parents for
12medically fragile infants and children results in more positive
13outcomes for these placements. The children placed with trained
14nurses receive consistent medical care, and benefit from the home
15environment and the relationship with the foster family.

end insert
16

begin deleteSECTION 1.end delete
17begin insertSEC. 2.end insert  

Section 17739 is added to the Welfare and Institutions
18Code
, to read:

19

17739.  

(a) When determining the placement of a foster child
20who is medically fragile, as defined in subdivision (b) of Section
211760.2 of the Health and Safety Code,begin delete preferenceend deletebegin insert priority
22considerationend insert
shall be given to placement with a foster parent who
23is an individual nurse provider, as defined in subdivision (m) of
24Section 14043.26 of the Welfare and Institutions Code, who
25provides health services under the federal Early and Periodic
P3    1Screening, Diagnosis and Treatment program (Section
21396d(a)(4)(B) of Title 42 of the United States Code).

3(b) Thebegin delete preferenceend deletebegin insert priority considerationend insert described in
4subdivision (a) shall be subordinate to the preference granted to a
5relative of the child under Section 361.3, in accordance with
6Section 671(a)(19) of Title 42 of the United States Code.

7(c) This section does not prohibit a child welfare agency or the
8juvenile court from placing a medically fragile foster child in a
9specialized foster care home with appropriate support servicesbegin insert or
10another appropriate placementend insert
if it is deemed to be in the best
11interest of the child.



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