BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1214|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: SB 1214
Author: Wolk (D)
Amended: 5/27/10
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 4-0, 3/23/10
AYES: Liu, Romero, Runner, Yee
NO VOTE RECORDED: Maldonado
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Crisis nurseries
SOURCE : California Alliance of Child and Family
Services
DIGEST : This bill removes the sunset for licensing
crisis nurseries, after July 1, 2012, and after that date
limits children taken to those placed voluntarily.
Senate Floor Amendments of 5/27/10 delete the repeal of the
2011 sunset date for licensing crisis nurseries and
continue the licensing category of crisis nursery for one
year under current rules and then remove the sunset in 2012
while imposing one change. The amendments prohibit crisis
nurseries from taking children placed by a county child
welfare service agency after July 1, 2012, and state that,
after that date, crisis nurseries may only take children
that a parent or guardian places voluntarily.
CONTINUED
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ANALYSIS :
Existing law:
1. Requires the Department of Social Services 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
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
January 1, 2011.
This bill removes the sunset for licensing crisis
nurseries, after July 1, 2012, and after that date limits
children taken to those placed voluntarily.
Background
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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 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, Statutes 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 5/27/10)
California Alliance of Child and Family Services (source)
Bay Area Crisis Nursery
California State Association of Counties
Child Abuse Prevention Center
County of Sacramento
EMQ Families First
Foster and Kinship Care Education Program
Friends of the Yolo Crisis Nursery
Junior League of Sacramento
Junior Leagues of California SPAC
KARE Crisis Nursery
La Familia Counseling Center
Sacramento Children's Home
Yolo County Foster Family Association
Yolo Crisis Nursery
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ARGUMENTS IN SUPPORT : 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.
In response to the opposition's arguments, the author's
office states:
"SB 855 (Machado) was enacted in 2004 to allow crisis
nurseries to operate under regulations that better serve
the children they care for. Unlike foster care
placements, crisis nurseries are voluntary, short term
placements designed to help families in crisis, prevent
child abuse, and keep children out of the child welfare
system. Occasionally, a crisis nursery will take an
emergency county foster placement at the request of the
county in order to remove a child from immediate harm. A
sunset was placed in the original bill so that the
program would get a second look in order to ensure that
it was operating as smoothly as anticipated. The
original sunset was extended because the regulations,
having taken longer than expected, had only been in place
a short while and more time was needed to evaluate the
program. The argument put forth by the opposition that
the sunset was to allow counties time to find alternative
placements is simply false. That argument is not
documented in any of the analyses of the original bills
nor is it documented or recalled by any of the
Legislators or staff involved at the time.
"Further, it is not the case that the crisis nurseries
sought out foster placements in order to enhance revenues
as claimed by the opposition. All crisis nurseries grew
out of grass roots efforts as non profit organizations.
Each had a mission of child abuse prevention. Some were
later approached by their county for emergency
placements. If a child is placed, the nursery receives a
pro-rated payment appropriate for the care they provide.
Only one crisis nursery - Yolo - takes foster placements
with any frequency. They have only one bed licensed to
do so. The vast majority of their placements are
voluntary and virtually 100% of all other crisis nursery
placements are voluntary - not foster placements.
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"Crisis nurseries are licensed, regulated and, unlike
both foster homes and group homes, have no history of
abuse or misconduct toward the children they serve. On
the contrary, crisis nurseries are highly regarded by not
only families and communities they serve, but also local
law enforcement, local health care providers, child
advocates, county and city staff, and local elected
officials. They are successful and an important resource
in their communities. No one system of foster placement
works equally well in every county. For emergency foster
placements, counties use a combination of emergency
foster family placements, emergency shelters - a form of
group home, and crisis nurseries. The mix depends on the
needs, resources, and support of each individual county.
No one form of placement is superior to the others in all
cases."
CTW:mw 5/28/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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