BILL ANALYSIS
AB 304
Page 1
ASSEMBLY THIRD READING
AB 304 (Huff)
As Amended April 9, 2007
Majority vote
HUMAN SERVICES 7-0
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|Ayes:|Beall, Berryhill, Davis, | | |
| |DeSaulnier, Krekorian, | | |
| |Richardson, Duvall | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Requires licensed community care facilities to provide
a copy of their disaster and mass casualty plan to fire, police
and disaster authorities in the area upon request.
Specifically, this bill :
1)Requires that community care facilities which are licensed or
have a special permit for specialized services provide a copy
of their disaster and mass casualty plan to the fire
department, law enforcement agencies, and civil defense and
other disaster authorities in the area in which the facility
is located upon request by the entity.
2)Provides that the provision setting forth criminal penalties
for violating rules or regulations promulgated under the
California Community Care Facilities Act (ACT) shall not apply
to this bill.
EXISTING LAW :
1)Provides for the licensure and regulation of community care
facilities and for criminal sanctions for a violation of those
provisions.
2)Requires any person desiring issuance of a license for a
community care facility or a special permit for specialized
services to file an application with the State Department of
Social Services (DSS).
3)Authorizes DSS to adopt rules and regulations to carry out the
purposes and intent of the Act and to enable DSS to exercise
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the powers and perform the duties conferred upon it.
4)Requires, by regulation, every licensee under the Act to
maintain on file a current, written disaster and mass casualty
plan of action, with specified elements.
FISCAL EFFECT : Unknown
COMMENTS : This bill mandates that community care facilities
provide upon request their disaster and mass casualty plan of
action to local entities or authorities responsible for
providing emergency services. According to the author, "Without
such information, local emergency response teams have a more
difficult time planning for disaster if such should occur, since
they have no information on these facilities, their residents,
and what type of care the residents may need in case of
disaster."
Community care facilities include those for children as well as
adults: child care homes and centers, group homes, foster
homes, transitional housing placement programs, social
rehabilitation facilities and residential care facilities for
the elderly and chronically ill. As of February 1, 2007, there
were over 88,000 licensed facilities with a capacity to serve
over 1.4 million persons.
DSS, through its Community Care Licensing Division, regulates
these facilities pursuant to the Act. Section 800023 of Title
22 of the California Code of Regulations requires community care
licensees to "have and maintain on file a current, written
disaster and mass casualty plan of action." The plan must
include contingency plans in the case of fires, floods and
earthquakes, including means of exiting, transportation
arrangements, relocation sites, arrangements for supervision of
clients and means of contacting local agencies, "including but
not limited to the fire department, law enforcement agencies,
and civil defense and other disaster authorities." This bill
requires this plan to be furnished to these designated local
agencies upon their request.
Analysis Prepared by : Casey McKeever / HUM. S. / (916)
319-2089
AB 304
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FN: 0000214