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 delete 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 begin delete preferenceend delete 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 17739 is added to the Welfare and Institutions
18Code, to read:
(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 delete 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).
begin delete preferenceend delete 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 services if it is deemed to be in the best
11interest of the child.