BILL ANALYSIS
SENATE HUMAN
SERVICES COMMITTEE
Senator Carol Liu, Chair
BILL NO: SB 1214
S
AUTHOR: Wolk
B
VERSION: As introduced
HEARING DATE: March 23, 2010
1
FISCAL: Appropriations
2
CONSULTANT:
1
Hailey
4
SUBJECT
Crisis nurseries
SUMMARY
Removes the sunset for licensing crisis nurseries, which
would otherwise take effect on July 1, 2011.
ABSTRACT
Existing law :
1.Requires the State Department of Social Services (DSS) to
establish a separate category for community care
licensing for crisis nurseries, which provide short term
temporary emergency shelter as defined.
2.Defines "crisis nurseries" as short term, 24-hour
non-medical residential care and supervision for children
under six years of age, who are either voluntarily placed
for temporary care by a parent or guardian, for up to 30
days or who are temporarily placed by a county child
welfare service agency for no more than 14 days.
3.Sets the licensed capacity for crisis nurseries programs
Continued---
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at 14 children.
4.Permits the use of fully trained and qualified volunteers
to be included in the staff-to child ratio subject to
specified education and training requirements.
5.Establishes that the staff-to-child ratio to be at least
one employed staff or volunteer caregiver for each group
of three children, during the hours from 7 a.m. to 7 p.m.
and at least one to paid caregiver or volunteer for every
group of four children, during the hours from 7 p.m. to 7
a.m.
6.Appropriates moneys from the General Fund to pay for a
share of the cost of AFDC-Payments.
7.Sunsets all provisions related to crisis nurseries on
July 1, 2011.
This bill :
1. Deletes the July 1, 2011, sunset date relating to
establishing crisis nurseries as a
category of community care facilities.
FISCAL IMPACT
Unknown. According to fiscal committees that analyzed
bills extending the sunset for licensing crisis nurseries,
these bills imposed "minor and absorbable" costs on DSS and
on counties.
BACKGROUND AND DISCUSSION
Background
According to the author, crisis nurseries were created to
meet the need for temporary emergency care for young
children under the age of six, who need a safe place to
live for a few days, and which would prevent the parent
from having to give up custody of their children to the
child welfare system. Crisis nurseries are designed to
provide short-term, 24-hour non-medical residential care
and supervision for children under six years of age, who
are either voluntarily placed for temporary care by a
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parent or guardian due to family crisis for no more than 30
days, or who are temporarily placed by a county child
welfare agency for no more than 14 days.
This separate community care licensing category was
established for crisis nurseries with the enactment of SB
855 (Machado, Chapter 664, Statues of 2004). Prior to
2005, crisis nurseries were licensed as group homes. Group
homes are residential facilities used by the courts and
child welfare services for foster children and youth who
have needs that cannot be met in less restrictive settings
of foster homes, foster families agencies, and the home of
relatives.
The author and supporters of SB 855 believed that the
strict group home requirements of defined staff-child
ratios, education and training of group home staff, and
increased availability of supportive services were
inappropriate for crisis nurseries, since the demands of
these children were less serious than the emotional and
behavior problems of children taken from abusive and
neglectful parents. Operators of crisis nurseries argued
that the cost of complying with group home regulations were
excessive and threatened their viability, and they found it
difficult to operate under these provisions.
Before the passage of SB 855, DSS had the authority to
waive group home regulations for crisis nurseries, if a
provider could demonstrate how the intent of the regulation
would be met through an alternative means. The waiver
process, however, was believed by crisis nurseries to be
cumbersome and inconsistent.
Crisis nurseries in California
As of September 1, 2004, there were seven crisis nurseries
in the following counties: Contra Costa, Nevada, Placer,
Sacramento, San Joaquin, Stanislaus and Yolo. That number
has remained the same since SB 855 became law in 2005.
When asked about general operations, administrators of
crisis nurseries explain that the most frequent use of the
facilities by parents are during the day where parents drop
off their children while they go to job training or to seek
employment. Parents must call before they drop off their
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children because crisis nurseries sometimes have a waiting
list. According to licensees, crisis nurseries also offer
parents referrals for services to help them establish
stability and prevent dependency on crisis nurseries.
Regulation of crisis nurseries
In February, 2007, DSS submitted the regulations for crisis
nurseries to the Office of Administrative Law. Those
regulations were adopted later that year and can be found
in Sections 86500 et seq. of Title 22 of the California
Code of Regulations.
Arguments in Support :
SB 1214 would make permanent the current statutory
provisions governing crisis nurseries. Supporters state
that due to the unnecessary and burdensome restrictions and
costs imposed by group home regulations, without the
flexibility provided by current law, crisis nurseries might
be forced to close.
COMMENTS
Lack of expansion of crisis nurseries since passage of SB
855
During the Legislature's discussion of SB 855 during 2003
and 2004, there were seven crisis nurseries operating in
California with group home licenses and waivers for some
regulations. In the six years since SB 855 became law,
those same seven programs remain in operation; no new
crisis nurseries have opened. The author or the supporters
of the bill may want to comment as to why this license type
has not generated new applicants.
POSITIONS
Support: California Alliance of Child and Family
Services (sponsor)
Bay Area Crisis Nursery
California State Association of Counties
Child Abuse Prevention Center
EMQ Families First
Foster and Kinship Care Education Program,
Woodland
Community College
KARE Crisis Nursery
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La Familia Counseling Center
Sacramento Children's Home
Yolo Crisis Nursery
One individual
Oppose: None received
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