Bill Text: CA SB1502 | 2011-2012 | Regular Session | Introduced

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Bill Title: Community care facilities: foster care facilities: sex

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-03-22 - Referred to Com. on HUMAN S. [SB1502 Detail]

Download: California-2011-SB1502-Introduced.html

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BILL NUMBER: SB 1502	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Runner

                        FEBRUARY 24, 2012

   An act to add Section 1522.3 to the Health and Safety Code,
relating to community care facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1502, as introduced, Runner. Community care facilities: foster
care facilities: sex offenders.
   Existing law, the California Community Care Facilities Act,
generally regulates the licensure and operation of various community
care facilities, including foster family homes and foster family
agencies, which, in turn certify family homes. Violation of the act
is a misdemeanor.
   Existing law requires the State Department of Social Services,
before issuing a license or special permit to any person to operate
or manage a day care or community care facility, to secure from an
appropriate law enforcement agency a criminal record to determine
whether the applicant or any other specified person has ever been
convicted of various crimes. Existing law also requires the
department to check the Child Abuse Central Index before granting a
license to, or otherwise approving any individual to care for or
reside with children.
   This bill, notwithstanding any other law, would prohibit a foster
family home, foster family agency, or certified family home from
knowingly accepting or permitting placement of any foster child if a
person for whom registration is required for specified sex offenses
resides at the location where the child is to be placed.
   Because violation of the California Community Care Facilities Act
is a misdemeanor, by expanding the definition of a crime, this bill
would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 1522.3 is added to the Health and Safety Code,
to read:
   1522.3.  Notwithstanding any other law, a foster family home,
foster family agency, or certified family home shall not knowingly
accept or permit placement of any foster child if a person for whom
registration is required pursuant to Chapter 5.5 (commencing with
Section 290) of Title 9 of Part 1 of the Penal Code resides at the
location where the child is to be placed.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.