BILL ANALYSIS
AB 2985
Page 1
Date of Hearing: April 4, 2006
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Noreen Evans, Chair
AB 2985 (Maze) - As Introduced: February 24, 2006
SUBJECT : Group homes: administrator and employee requirements.
SUMMARY : This bill would, with specified exceptions, preclude
any person under 22 years of age from working in any aspect of
the operation of a group home. Specifically, this bill :
1)Provides that no group home may employ a person under 22 years
of age in any aspect of the operation of the group home.
2)Exempts those persons employed by the facility on December 31,
2006, subject to the following:
a) The person must pass a new background check appropriate
to their employment requirements.
b) Former employees rehired by the facility after January
1, 2007 do not qualify for the exemption.
EXISTING LAW
1)Provides for the licensure and certification of facilities to
provide quality community care for people who are mentally
ill, developmentally and physically disabled, and children and
adults who require care or services.
2)Provides that group home administrators must be at least 21
years of age.
3)Provides that employees of group homes must be at least 18
years of age.
FISCAL EFFECT : Unknown.
COMMENTS : According to the author, AB 2985 is directed at
improving the level of care and services to children living in
licensed group homes by increasing the separation in age between
children and those who care for them. The author reports that
in October 2005, a 19-year-old group home worker in Ivanhoe, CA,
was arrested on suspicion of selling drugs to group home
AB 2985
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children. This example is offered as an illustration of the
problems that can arise when the caregiver is only one or two
years older than the group home resident.
Children with developmental disabilities, mental illness, severe
emotional disturbances, physical or sexual abuse histories, or
criminal and delinquent behaviors are served in community care
settings like group homes. Children with these problems can
place significant demands on their caregiver's patience, skill
level, and mental and emotional endurance. Responses to these
behaviors must serve the needs of the child, and the therapeutic
goals of the facility. This requires, at a minimum, a
significant level of maturity. Presumably, 22-year-old adults
have greater levels of maturity than younger workers. The age
of 22 is the traditional age at which a student graduates from
college. Reaching age 22, however, does not guarantee maturity.
While a minimum age of 22 might not guarantee that a group home
can employ mature caregivers, it may increase the likelihood
that a group home makes a better hiring decision.
Staffing needs of group homes . Like many providers of social
services, group homes have experienced little growth in their
reimbursement rates, making it harder to find qualified
individuals willing to work in group homes. Workers with
college degrees, especially, are difficult to attract as their
degree opens new work opportunities for these workers.
According to the California Alliance of Child and Family
Services, group homes now rely on workers currently attending
college. Increasing the minimum age of group home caregivers to
22 may impede a group home's efforts to hire qualified
caregivers. Group homes also offer educational internship
opportunities to college students, who are typically younger
than 22. In its current form, this bill may eliminate such
internships.
The California Alliance also raises the concern of placing a
minimum age requirement on all employees of the group home. They
maintain that only those directly caring for group home youth
should be subject to the minimum age requirement, and that other
employees should retain the minimum age of 18. They also feel
that additional criminal background checks are an unnecessary
burden, arguing that these employees have already been checked.
Proposed Amendments : Acknowledging the staffing concerns
associated with this bill, the author has agreed to amend the
AB 2985
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bill in committee to achieve the following:
1)Lower the age from 22 to 21
2)Exempt individuals from the 21 years of age requirement if
they are full or part-time college students participating in a
course of study leading to a degree in the behavioral
sciences.
3)Exempt individuals from the 21 years of age requirement on the
condition that they cannot be solely responsible for the care
and supervision of children and must be working with another
individual who is at least 21.
4)Exempt individuals whose duties do not include
responsibilities for the care and supervision of children.
5)Remove provisions for additional criminal background checks.
6)Make findings and recommendations regarding the need for
minimum age requirements in group homes.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
California Alliance of Child and Family Services (unless
amended).
Analysis Prepared by : John Boisa / HUM. S. / (916) 319-2089