BILL NUMBER: AB 1049	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Torrico

                        FEBRUARY 27, 2009

   An act to amend Section 362.04 of the Welfare and Institutions
Code, relating to foster parents.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1049, as introduced, Torrico. Foster parents: babysitters.
   Existing law requires a foster parent to use a reasonable and
prudent parent standard, as described, in selecting a babysitter to
provide occasional short-term babysitting for a foster child, as
specified.
   This bill would make technical, nonsubstantive changes to that
provision.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 362.04 of the Welfare and Institutions Code is
amended to read:
   362.04.  (a) For purposes of this section:
   (1) "Caregiver" means any licensed or certified foster parent,
approved relative caregiver, or approved nonrelative extended family
member.
   (2) "Reasonable and prudent parent" or "reasonable and prudent
parent standard" means the standard characterized by careful and
sensible parental decisions that maintain the child's health, safety,
and best interest.
   (3) "Short-term" means no more than 24 consecutive hours.
   (b)  (1)    Every caregiver may arrange for
occasional short-term babysitting of  their   a
 foster child  for whom the caregiver is licensed,
certified, or approved to provide care  and allow individuals to
supervise the foster child for the purposes set forth in Section
362.05, or on occasions, including, but not limited to, when the
foster parent has a medical or other health care appointment, grocery
or other shopping, personal grooming appointments, special occasions
for the foster parents, foster parent training classes,
school-related meetings (such as parent-teacher conferences),
business meetings, adult social gatherings, or an occasional evening
out by the foster parent. 
   (c) 
    (2)  Caregivers shall use a reasonable and prudent
parent standard in determining and selecting appropriate babysitters
for occasional short-term use. 
   (d) 
    (3)  The caregiver shall endeavor to provide the
babysitter with the following information before leaving the child
for purposes of short-term care: 
   (1) 
    (A)  Information about the child's emotional,
behavioral, medical or physical conditions, if any, necessary to
provide care for the child during the time the foster child is being
supervised by the babysitter. 
   (2)
    (B)  Any medication that should be administered to the
foster child during the time the foster child is being supervised by
the babysitter. 
   (3) 
    (C)  Emergency contact information that is valid during
the time the foster child is being supervised by the babysitter.

   (e) 
    (c)  Babysitters selected by the caregiver to provide
occasional short-term care to a foster child under the provisions of
this section shall be exempt from any department regulation requiring
health screening or cardiopulmonary resuscitation certification or
training. 
   (f) 
    (d)  Each state and local entity shall ensure that
private agencies that provide foster care services to dependent
children have policies consistent with this section. Policies that
are not consistent with this section include those that are
incompatible with, contradictory to, or more restrictive than this
section.