BILL ANALYSIS
SENATE HUMAN
SERVICES COMMITTEE
Senator Elaine K. Alquist, Chair
BILL NO: AB 2985
A
AUTHOR: Maze
B
AMENDED: April 18, 2006
HEARING DATE: June 13, 2006
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FISCAL: Appropriations
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CONSULTANT:
5
Hailey
SUBJECT
Group homes: administrator and employee requirements
SUMMARY
This bill would, with specified exceptions, preclude any
person younger than 21 years of age from being employed in
a group home with responsibilities for the care and
supervision of children.
ABSTRACT
Existing law:
1.Provides for the licensure and certification of
facilities to provide quality community care for persons
who are mentally ill, developmentally and physically
disabled, and who require care or services, including
group homes for foster children.
2.Provides that group home administrators be at least 21
years of age.
3.Provides that employees of group homes be at least 18
years of age.
Continued---
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This bill:
1. Makes findings and declarations to the effect that
children living in group homes are among the state's most
vulnerable, that caring for these children presents
significant demands on caregivers, and that minimum age
standards for group home caregivers are necessary and
proper.
2. Requires that all employees hired by a group home be at
least 21 years of age unless they meet one of the
following criteria:
a. They were employed by the facility prior to
December 31, 2006.
b. They are a full-time or part-time college student
studying for a degree in the behavioral sciences.
c. They are not solely responsible for the care and
supervision of children and work with another person
who is at least 21 years of age.
d. Their duties do not include responsibility for the
care and supervision of children.
FISCAL IMPACT
According to the Assembly Appropriations Committee,
negligible state cost and minor, if any, local
incarceration costs as this bill expands a misdemeanor.
BACKGROUND AND DISCUSSION
Purpose of the bill
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 the children in residence 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 the residents in the
facility. The author provides this example as an
illustration of the problems that can arise when a
caregiver is only one or two years older than the group
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home resident.
Children with developmental disabilities, mental illness,
severe emotional disturbances, physical or sexual abuse
histories, or criminal and delinquent behaviors are among
those served in group homes. According to the bill's
findings and declarations, children with these needs can
place significant demands on caregivers' patience, skill
level, and mental and emotional endurance. In order to
better ensure that personnel working with children in group
homes have sufficient emotional maturity, the bill requires
that group-home employees who provide care and supervision
of the children be at least 21 years of age.
ISSUES AND CONCERNS
Technical amendment recommended
Because the law already requires that administrators of
group homes be at least 21 years of age, there is no need
for the bill to amend Health and Safety Code Section
1522.41. Staff recommends leaving that code section as it
is in current law.
Eighteen year olds are adults
Eighteen year olds are adults, allowed to vote, capable of
entering into contractual obligations, and responsible for
their actions. The professions for which an 18-year-old
qualifies include soldier, police officer, and firefighter.
Classroom aides in schools can be as young as 18 years of
age, as can instructors in regional occupation programs and
other vocational education programs. Eighteen-year-olds
can be candidates for election to the California
Legislature. Other than an anecdote about a 19-year-old's
group-home employee's arrest, what is the evidence that
suggests a compelling need for this bill? Will the bill
result in economic hardship be limiting the employment
opportunities of young adults who are not enrolled in
college?
PRIOR ACTIONS
Assembly Floor: 75 - 0 Pass on Consent
Assembly Appropriations: 18 - 0 Do Pass to Consent
Assembly Human Services: 6 - 0 Do Pass as Amended
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POSITIONS
Support: None received
Oppose: None received
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