BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1928|
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CONSENT
Bill No: AB 1928
Author: Cook (R)
Amended: 5/10/12 in Assembly
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 7-0, 6/12/12
AYES: Liu, Emmerson, Berryhill, Hancock, Strickland,
Wright, Yee
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 75-0, 5/17/12 (Consent) - See last page
for vote
SUBJECT : Foster homes: residential capacity
SOURCE : Author
DIGEST : This bill clarifies existing law regarding the
conditions under which the number of foster children
residing in a specialized foster care home may be increased
from two to three, and clarifies existing residential
capacity requirements for small family homes operating as
specialized foster homes.
ANALYSIS : Existing law:
1.Provides for the licensure of foster family homes and
small family homes by the Department of Social Services
or a county child welfare services agency. Provides for
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the certification of certified family homes by a
Department of Social Services (DSS) -licensed foster
family agency.
2.Requires DSS to develop a program to establish
specialized foster care homes for foster children with
special health care needs.
3.Defines "child with special health care needs" as a child
or non-minor dependent who has a medical condition which
can rapidly deteriorate resulting in permanent injury or
death, or who has a medical condition requiring
specialized in-home care, as defined.
4.Defines "specialized foster care home" as a licensed
foster family home, a certified family home under certain
conditions, or a small family home where the foster
parents reside in the home and have been trained to
provide specialized in-home health care to foster
children.
5.Requires, prior to the placement of a child with special
health care needs, an individualized health care plan to
be prepared, in-home health support services to be
arranged, if needed, and foster parents to be trained by
health care professionals.
6.Provides that no more than two foster children shall
reside in a specialized foster care home, except that a
third child may be placed in the home if no other
placement is available and the child's placement worker
and the individualized health care plan team has
documented that the psychological and social needs of the
child will be met in the home.
7.Provides that a small family home may exceed the
placement limit, up to the licensed capacity of the home,
under certain conditions.
8.Provides that the individualized health care plan is
reassessed at least every six months during the time that
the child is placed in a specialized foster care home.
9.Provides that no community care facility may provide
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specialized health care services without a valid special
permit issued by DSS.
This bill:
1.Clarifies that a specialized foster care home may exceed
the two-child limit and accept a third foster child, with
or without special health care needs, in accordance with
the licensing capacity of the home and if other
conditions are met.
2.Requires the individualized health care plan team
responsible for each child to consider the number of
adoptive, biological, and foster children, and children
in guardianship living in the home, and determined that
the two-child limit may be exceeded without jeopardizing
the health and safety of that child.
3.Clarifies that a small family home may exceed the
two-child placement limit and accept children up to their
licensed capacity if certain conditions are met for all
foster child placed and if other conditions are met.
4.Finds and declares that this bill is declaratory of
existing law.
Background
Existing law provides that no more than two foster children
may reside in a specialized foster care home, and provides
that a third child may be placed under certain conditions.
Comments
According to the Alliance of Child and Family Services, the
absence of the word "foster" before "child" in the
description of the provisional exception, has led some
counties to refuse consideration of homes as specialized
foster care homes if there are two or more biological,
guardianship or adoptive children already residing in the
home.
Prior Legislation
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AB 2268 (Bates), Chapter 1437, Statutes of 1989, required
DSS and county child welfare services agencies to develop a
program to establish specialized foster care homes for
children with special health care needs.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/26/12)
California Alliance of Child and Family Services
California State Association of Counties
County Welfare Directors Association
ASSEMBLY FLOOR : 75-0, 5/17/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fong, Fuentes, Furutani, Beth
Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hern�ndez, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Lara, Logue, Ma, Mansoor, Mendoza, Miller,
Mitchell, Monning, Morrell, Nestande, Nielsen, Norby,
Olsen, Pan, V. Manuel P�rez, Portantino, Silva, Smyth,
Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski,
Williams, John A. P�rez
NO VOTE RECORDED: Fletcher, Bonnie Lowenthal, Perea,
Skinner, Yamada
CTW:n 6/26/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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