BILL NUMBER: AB 1928	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Cook

                        FEBRUARY 22, 2012

   An act to add Section 1502.8 to the Health and Safety Code,
relating to foster care.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1928, as introduced, Cook. Foster homes: residential capacity.
   The California Community Care Facilities Act provides for the
licensing and regulation of community care facilities, including,
among others, foster family homes, small family homes, and foster
family agencies, as defined. Under existing law, a violation of the
act is a misdemeanor.
   Existing law limits foster family homes and small family homes to
6 or fewer foster children, but allows a licensing agency to increase
that limit to 8 foster children under specified circumstances.
Existing regulations of the State Department of Social Services
require that these licensing agencies include biological, adoptive,
and guardianship children, and also require the licensing agency to
take into consideration how many children, in addition to the
children already living in the home, that the caregiver is capable of
providing care and supervision to and that the home can accommodate.

   This bill would require the licensing agency to exclude biological
children, adoptive children, or children in guardianship who also
reside on the premises for purposes of the capacity limits applicable
to a foster family home or small family home, or a family home
certified by a foster family home agency licensed pursuant to the
act.
   The bill would authorize the department to implement these
provisions through all-county letters until the adoption of
implementing regulations, as prescribed.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 1502.8 is added to the Health and Safety Code,
to read:
   1502.8.  (a) Notwithstanding any other law, in interpreting the
capacity limits applicable to a foster family home or small family
home licensed pursuant to this chapter, or a family home certified by
a foster family home licensed pursuant to this chapter, as provided
in Sections 1502 and 1505.2, the licensing agency shall exclude
biological children, adoptive children, or children in guardianship
who also reside on the premises.
   (b) (1) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
the department may implement and administer the changes made by this
act through all-county letters or similar instructions from the
director until regulations are adopted. The department shall adopt
emergency regulations implementing these provisions no later than
July 1, 2013. The department may readopt any emergency regulation
authorized by this section that is the same as, or substantially
equivalent to, any emergency regulation previously adopted under this
section.
   (2) The initial adoption of regulations pursuant to this section
and one readoption of emergency regulations shall be deemed to be an
emergency and necessary for the immediate preservation of the public
peace, health, safety, or general welfare. Initial emergency
regulations and the one readoption of emergency regulations
authorized by this section shall be exempt from review by the Office
of Administrative Law. The initial emergency regulations and the one
readoption of emergency regulations authorized by this section shall
be submitted to the Office of Administrative Law for filing with the
Secretary of State and each shall remain in effect for no more than
180 days, by which time final regulations shall be adopted.