Bill Text: CA AB413 | 2013-2014 | Regular Session | Chaptered

California Assembly Bill 413 (Prior Session Legislation)

Bill Title: Foster care: specialized foster care homes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2013-08-13 - Chaptered by Secretary of State - Chapter 100, Statutes of 2013. [AB413 Detail]

Download: California-2013-AB413-Chaptered.html

BILL NUMBER: AB 413	CHAPTERED
	BILL TEXT

	CHAPTER  100
	FILED WITH SECRETARY OF STATE  AUGUST 13, 2013
	APPROVED BY GOVERNOR  AUGUST 13, 2013
	PASSED THE SENATE  JUNE 24, 2013
	PASSED THE ASSEMBLY  APRIL 25, 2013
	AMENDED IN ASSEMBLY  MARCH 19, 2013

INTRODUCED BY   Assembly Member Ch�vez

                        FEBRUARY 15, 2013

   An act to amend Section 17732 of the Welfare and Institutions
Code, relating to foster care.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 413, Ch�vez. Foster care: specialized foster care homes.
   Existing law requires the State Department of Social Services to
establish specialized foster care homes for children with special
health care needs, but generally prohibits more than 2 foster
children from residing in a specialized foster care home, except as
specified. Existing law permits a licensed small family home, except
as specified, to accept more than 2 foster children under certain
conditions, including that, if 4 or more foster children are
physically present in the facility, on-call assistance is available
at all times to respond in case of an emergency and that the home is
sufficient in size to accommodate the needs of all children in the
home.
   The bill would provide that the conditions described above that
apply if 4 or more foster children are physically present, would
apply if a licensed small family home exceeds the 2 child limit.


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

  SECTION 1.  Section 17732 of the Welfare and Institutions Code is
amended to read:
   17732.  (a) No more than two foster children with or without
special health care needs shall reside in a specialized foster care
home with the following exceptions:
   (1) A specialized foster care home may have a third foster child
with or without special health care needs placed in that home
provided that the licensed capacity, as determined by the department
pursuant to the California Community Care Facilities Act (Chapter 3
(commencing with Section 1500) of Division 2 of the Health and Safety
Code) is not exceeded and provided that all of the following
conditions have been met:
   (A) The child's placement worker has determined and documented
that no other placement is available.
   (B) For each child in placement and the child to be placed, the
child's placement worker has determined that his or her psychological
and social needs will be met by placement in the home and has
documented that determination. New determinations shall be made and
documented each time there is an increase or turnover in foster care
children and the two-child capacity limit is exceeded.
   (C) The individualized health care plan team responsible for the
ongoing care of each child with special health care needs involved
has considered 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, and has documented
that determination. New determinations shall be made and documented
each time there is an increase or turnover in foster care children
and the two-child capacity limit is exceeded.
   (2) A licensed small family home, but not a certified home, may
exceed the two-child placement limit and accept children with or
without special health care needs up to the licensed capacity as
determined by the department pursuant to paragraph (6) of subdivision
(a) of Section 1502 of the Health and Safety Code if the conditions
in paragraph (1) have been met for both the third foster child and
each foster child placed thereafter, and the following additional
conditions have been met:
   (A) At least one of the children in the facility is a regional
center client monitored in accordance with Section 56001 and
following of Title 17 of the California Code of Regulations.
   (B) Whenever four or more foster children are physically present
in the facility, the licensee of the small family home has the
assistance of a caregiver to provide specialized in-home health care
to the children except that:
   (i) Night assistance shall not be required for those hours that
the individualized health care plan team for each child with special
health care needs has documented that the child will not require
specialized medical services during that time.
   (ii) The department may determine that additional assistance is
required to provide appropriate care and supervision for all children
in placement. The determination shall only be made after
consultation with the appropriate regional center and any appropriate
individual health care teams.
   (C) On-call assistance is available at all times to respond in
case of an emergency. The on-call assistant shall meet the
requirements of paragraph (5) of subdivision (c) of Section 17731.
   (D) The home is sufficient in size to accommodate the needs of all
children in the home.
   (b) Notwithstanding Section 1523.1 of the Health and Safety Code,
a foster family home which has more than three children with special
health care needs in its care as of January 1, 1992, and which
applies for licensure as a small family home in order to continue to
provide care for those children, shall be exempt from the application
fee.
   (c) Except for children with special health care needs placed in
group homes before January 1, 1992, no child with special health care
needs may be placed in any group home or combination of group homes
for longer than a short-term placement of 120 calendar days. The
short-term placement in the group home shall be on an emergency basis
for the purpose of arranging a subsequent placement in a less
restrictive setting, such as with the child's natural parents or
relatives, with a foster parent or foster family agency, or with
another appropriate person or facility. The 120-day limitation shall
not be extended, except by the approval of the director or his or her
designee. For children placed after January 1, 1992, the 120-day
limitation shall begin on the effective date of the amendments to
this section made during the 1993 portion of the 1993-94 Regular
Session.
   (d) A child with special health care needs shall not be placed in
a group home unless the child's placement worker has determined and
documented that the group home has a program that meets the specific
needs of the child being placed and there is a commonalty of needs
with the other children in the group home.
   (e) The Legislature finds and declares that the amendments to this
section made by the act that added this subdivision are declaratory
of existing law.