BILL NUMBER: AB 1928 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 20, 2012
INTRODUCED BY Assembly Member Cook
FEBRUARY 22, 2012
An act to add Section 1502.8 to the Health and Safety
17732.2 to the Welfare and Institutions Code,
relating to foster care.
LEGISLATIVE COUNSEL'S DIGEST
AB 1928, as amended, 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 in the number
of children for whom these homes are licensed to provide
care and supervision. Existing law also require
requires 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.
Under existing law, the State Department of Social Services is
required to develop a program to establish specialized foster care
homes for children with special health care needs. No more than 2
foster care children are permitted to reside in a specialized foster
care home, except that an additional foster child, or children, may
be permitted if specified conditions are met.
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 specify that the maximum licensed capacity for
a specialized foster care home is 2 foster children, with or without
special health care needs, and that up to 4 biological or adoptive
children, or children in guardianship, may also reside on the
premises. The bill would specify further that a specialized foster
care home would be approved for an additional foster child or
children only to the extent that the total number of children in the
home, including foster, biological, or adoptive children, and
children in guardianship, on the premises does not exceed 6 .
The bill would authorize the department to implement
these its provisions through all-county letters
until the adoption of implementing regulations, as
prescribed or similar instructions from the Director
of Social Services .
This bill would state that its provisions are declaratory of
existing law.
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 17732.2 is added to the
Welfare and Institutions Code , to read:
17732.2. (a) Subject to subdivision (b), the maximum licensed
capacity for a specialized foster care home shall be two foster
children, with or without special health care needs. In addition, up
to four biological or adoptive children, or children in guardianship,
may reside on the premises, for a total of six children.
(b) A specialized foster care home shall be approved for
additional foster child or children pursuant to subdivision (a) or
(b) of Section 17332, only to the extent that the total number of
children in the home, including foster, biological or adoptive
children, and children in guardianship on the premises, does not
exceed six.
(c) 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.
(d) The Legislature finds and declares that this section is
declaratory of existing law.
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.