BILL NUMBER: SB 1641 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Soto
FEBRUARY 24, 2006
An act to amend Section 1536.2 of, and to add Section 1530.3 to,
the Health and Safety Code, relating to foster care.
LEGISLATIVE COUNSEL'S DIGEST
SB 1641, as introduced, Soto Foster care providers.
Existing law provides for the licensure and regulation of
community care facilities, including foster family agencies, foster
family homes, small family homes, and group homes as defined, by the
State Department of Social Services.
This bill would require the State Department of Social Services by
February 1, 2007, to convene a workgroup to review state foster care
licensing statutes, regulations, and policies, to determine whether
those requirements ensure that foster children and youth are not
unnecessarily stigmatized by placement in unnecessarily restrictive
environments. The bill would also require the workgroup to assess
whether the statutes, regulations, and policies hinder the
recruitment of qualified foster parents, and to consider
opportunities for creating efficiencies in the department's foster
care licensing process. The bill would require the workgroup to issue
a report, by December 31, 2007, with recommendations to the
Legislature for statutory, regulatory, and policy changes.
Under existing law, when a placement agency has placed a child
with a foster family agency, the foster family agency is required to
place the child in a licensed foster family home or certified family
home that best meets the needs of the child.
This bill would expand this provision to include instances when a
placement agency places a child with a relative caregiver,
nonrelative extended family member, licensed foster family home, or
group home. The bill would define a home that meets the best needs of
the child to include a home that meets the child's health, safety,
and well-being needs, is the least restrictive and most family like
environment, and allows the child to engage in reasonable,
age-appropriate activities, as specified. The bill would require the
foster child's caregiver to use a reasonable and prudent parent
standard to determine these age-appropriate activities.
Violation of the provisions relating to the licensing and
regulation of community care facilities is a misdemeanor. By
revising the requirements applicable to placement agencies and foster
care providers, the bill would change the definition of a crime,
thereby imposing a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares as follows:
(a) Many of the state's foster care licensing statutes,
regulations, and policies have understandably been developed with the
sole objective of protecting the safety of children and youth in
foster care, with little regard for the creation of a foster home
environment that resembles actual nonfoster care living environments.
In many cases these rules serve to stigmatize foster children and
youth by subjecting them to conventions dissimilar to other children.
These rules are also often viewed as unreasonable by prospective
foster parents and therefore serve to discourage them from becoming
foster parents. Foster care licensing requirements should be
developed and implemented in a manner that is consistent with current
program best practices and the goals and objectives of the Child
Welfare System Improvement and Accountability Act of 2001 (Chapter
678 of the Statutes of 2001). Additionally, the Community Care
Licensing Division of the State Department of Social Service spends
needless time and resources investigating and enforcing requirements
that do little to promote the well-being of children. The division's
resources can more effectively be directed toward requirements that
enhance both the safety and well-being of children in foster youth
while encouraging more foster care providers.
(b) It is therefore the intent of the Legislature to ensure that
youth placed in out-of-home foster care be given an opportunity to
live in an environment that resembles as closely as possible
nonfoster care families. It is the further intent of the Legislature
to ensure that all licensing statutes, regulations, and policies
serve to promote the well-being of children and youth in foster care
and who are leaving foster care and to ensure children and youth are
safe and protected in foster care.
SEC. 2. Section 1530.3 is added to the Health and Safety Code, to
read:
1530.3. (a) The Director of Social Services shall establish a
workgroup to review all state foster care licensing statutes,
regulations, and policies to determine whether those requirements
serve to not only protect the safety of children and youth in foster
care, but also to ensure that they do not unnecessarily stigmatize
foster youth and children by requiring them to live in environments
that are not ordinarily imposed by reasonable and prudent parents.
The workgroup shall also assess whether the statutes, regulations,
and policies unnecessarily hinder the recruitment of qualified foster
parents that can provide effective substitute care services.
Additionally, the workgroup shall consider opportunities for creating
efficiencies within the community care licencing division of the
department that do not risk the safety of children and youth in
foster care. For purposes of this section, the workgroup shall review
all state statutes, regulations, and policies that establish
facility, training, or individual licensing standards and
requirements for the out-of-home care and placement of children and
youth in foster care to ensure their conformity with the requirements
of this section.
(b) The director shall convene the workgroup required by this
section no later than February 1, 2007. The members of the workgroup
shall include any departmental staff designated by the director and
representatives of the County Welfare Directors Association, foster
youth and former foster youth organizations, foster parents, children'
s advocacy groups, consumer and service provider organizations,
legislative staff, and other interested parties.
(c) No later than December 31, 2007, the workgroup shall issue a
report and make recommendations to the Legislature and the director
for statutory, regulatory, and policy changes that will accomplish
the objectives identified in subdivision (a).
SEC. 3. Section 1536.2 of the Health and Safety Code is amended to
read:
1536.2. (a) When a placement agency has placed a child
with a relative caregiver, nonrelative extended family member,
licensed foster family home, or a foster family agency for
subsequent placement in a certified family home or group home
, the placement agency or foster family agency
shall subsequently place in a licensed foster family home or
certified family home which shall ensure placement of
the child in a home that best meets the needs of the child.
(b) A home that best meets the needs of the child shall satisfy
all of the following criteria:
(1) The child's caregiver is able to meet the health, safety, and
well-being needs of the child.
(2) The child's caregiver is permitted to maintain the least
restrictive and most family-like environment that serves the needs of
the child.
(3) The child is permitted to engage in reasonable,
age-appropriate activities, including, but not limited to, the
following:
(A) Participating in athletic and recreational activities,
including water activities.
(B) Remaining in the home alone for short periods of time, if
deemed safe and appropriate.
(C) Having appropriate access to household and personal cleaning
products, such as laundry detergents and shampoos.
(D) Having appropriate access to over-the -counter medicines, for
the purpose of learning reasonable self-care.
(E) Other activities intended to foster a normal, family-like
environment for the foster child.
(4) The foster child's caregiver shall use a reasonable and
prudent parent standard to determine activities that are
age-appropriate and meet the needs of the child. Nothing in this
section shall be construed to permit a child's caregiver to permit
the child to engage in activities that carry an unreasonable risk of
harm, or subject the child to abuse or neglect.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.