Bill Text: CA SB1319 | 2011-2012 | Regular Session | Chaptered
Bill Title: Child welfare.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2012-09-27 - Chaptered by Secretary of State. Chapter 663, Statutes of 2012. [SB1319 Detail]
Download: California-2011-SB1319-Chaptered.html
BILL NUMBER: SB 1319 CHAPTERED
BILL TEXT
CHAPTER 663
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2012
APPROVED BY GOVERNOR SEPTEMBER 27, 2012
PASSED THE SENATE AUGUST 23, 2012
PASSED THE ASSEMBLY AUGUST 22, 2012
AMENDED IN ASSEMBLY AUGUST 20, 2012
AMENDED IN ASSEMBLY JUNE 11, 2012
AMENDED IN SENATE MAY 7, 2012
AMENDED IN SENATE APRIL 11, 2012
INTRODUCED BY Senator Liu
FEBRUARY 23, 2012
An act to amend Sections 1516, 1526.8, and 1530.5 of, and to amend
and repeal Section 1596.792 of, the Health and Safety Code, and to
amend Sections 4094, 11462, 11466.2, and 18987.62 of the Welfare and
Institutions Code, relating to children.
LEGISLATIVE COUNSEL'S DIGEST
SB 1319, Liu. Child welfare.
Existing law, the California Community Care Facilities Act,
provides for the licensure and regulation by the State Department of
Social Services of community care facilities, as defined. Violation
of the provisions relating to community care facilities is a
misdemeanor.
The act exempts from its provisions a public recreation program
operated as prescribed for kindergarten and grades 1 to 12,
inclusive, that operates less than 16 hours per week and for a total
of 12 weeks or less during a 12-month period. Existing law, effective
January 1, 2013, expands that exemption to include such a program
that operates less than 20 hours per week and for a total of 14 weeks
or less during a 12-month period.
Existing law includes foster family agencies that certify foster
family homes and licensed foster family homes within the provisions
regulating a community care facility, and requires the department, in
establishing these regulations, to consider these homes as private
residences, and to establish regulations for these foster family
homes and certified family homes of foster family agencies as a
separate regulation package from regulations for all other community
care facilities. Under existing law, certified family homes are not
subject to civil penalties under the act, and licensed foster family
homes are only subject to specified civil penalties.
This bill would provide instead that licensed foster family homes,
as well as certified family homes of foster family agencies, are not
subject to civil penalties under the California Community Care
Facilities Act, except that the certified family homes and foster
family homes both would be subject to certain penalties relating to
fingerprinting requirements and operating without a valid license.
Existing law, until January 1, 2014, defines and regulates crisis
nurseries and requires the State Department of Social Services to
authorize the use of volunteers as caregivers in a crisis nursery,
under certain circumstances.
This bill would delete the repeal of these provisions thereby
making them operate indefinitely. Because this bill would extend the
application of a crime, it would impose a state-mandated local
program.
The California Child Day Care Facilities Act provides for the
licensing and regulation of child day care facilities, as defined.
The act does not apply to specified entities, and, until January 1,
2014, includes crisis nurseries among the specified entities.
This bill would delete the repeal of these provisions, thereby
making that exemption operate indefinitely.
Existing law provides for the Aid to Families with Dependent
Children-Foster Care (AFDC-FC) program, under which counties provide
payments to foster care providers on behalf of qualified children in
foster care. Under existing law, foster care providers licensed as
group homes have rates established by classifying each group home
program and applying a standardized schedule of rates. Existing law
requires the department to determine the rate classification level
(RCL) for new and existing providers and for those programs
requesting an RCL increase, which is based, in part, on a program
audit of documentation and other information. Existing law also
requires the department to perform group home program and fiscal
audits as needed.
This bill would provide that for audit purposes, if a group home
program serves a mixture of AFDC-FC eligible and ineligible children,
the weighted hours for services provided and the capacity of the
home shall be adjusted by the ratio of AFDC-FC eligible children to
all children in the placement.
Existing law requires the State Department of Mental Health to
establish, by regulation, specified program standards for any
facility licensed as a community treatment facility and authorizes
the State Department of Health Care Services to adopt or amend
regulations pertaining to these program standards. Existing law
establishes, until January 1, 2014, certain standards with respect to
the required nursing staff at a community treatment facility that
admits children who have been assessed not to require medical
services that require 24-hour nursing coverage.
This bill would delete the expiration date of the provisions
applicable to the nursing staff requirements described above, thereby
making those staffing requirements operative indefinitely.
Under existing law, each county may enter into performance
agreements with nonprofit agencies to encourage innovation in the
delivery of children's services, to develop services not available in
the community, and to promote change in the child welfare services
system. Existing law authorizes the State Department of Social
Services to waive otherwise applicable regulations relating to foster
care payments and the operation of group homes for a period of up to
3 years, in order to facilitate these performance agreements.
Existing law authorizes the department to extend the regulation
waivers for up to 3 additional years, based on a review and analysis
of specified information.
This bill would revise the waiver extension provisions to instead
authorize the department to extend the waiver in increments of 3
years, based on a review and analysis of the information specified in
existing law.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1516 of the Health and Safety Code, as added by
Section 2 of Chapter 519 of the Statutes of 2010, is amended to
read:
1516. (a) For purposes of this chapter, "crisis nursery" means a
facility licensed by the department to provide short-term, 24-hour
nonmedical residential care and supervision for children under six
years of age, who are voluntarily placed for temporary care by a
parent or legal guardian due to a family crisis or stressful
situation for no more than 30 days.
(b) A crisis nursery shall be organized and operated on a
nonprofit basis by either a private nonprofit corporation or a
nonprofit public benefit corporation.
(c) "Voluntary placement," for purposes of this section, means a
child, who is not receiving Aid to Families with Dependent
Children-Foster Care, placed by a parent or legal guardian who
retains physical custody of, and remains responsible for, the care of
his or her children who are placed for temporary emergency care, as
described in subdivision (a). Voluntary placement does not include
placement of a child who has been removed from the care and custody
of his or her parent or legal guardian and placed in foster care by a
child welfare services agency.
(d) (1) Except as provided in paragraph (2), the maximum licensed
capacity for a crisis nursery program shall be 14 children.
(2) A facility licensed on or before January 1, 2004, as a group
home for children under the age of six years with a licensed capacity
greater than 14 children, but less than 21 children, that provides
crisis nursery services shall be allowed to retain its capacity if
issued a crisis nursery license until there is a change in the
licensee's program, location, or client population.
(e) Each crisis nursery shall collect and maintain information, in
a format specified by the department, indicating the total number of
children placed in the program, the length of stay for each child,
the reasons given for the use of the crisis nursery, and the age of
each child. This information shall be made available to the
department upon request.
(f) Notwithstanding Section 1596.80, a crisis nursery may provide
child day care services for children under the age of six years at
the same site as the crisis nursery. A child may not receive child
day care services at a crisis nursery for more than 30 calendar days
in a six-month period unless the department issues an exception. A
child who is receiving child day care services shall be counted in
the licensed capacity.
(g) Exceptions to group home licensing regulations pursuant to
subdivision (c) of Section 84200 of Title 22 of the California Code
of Regulations, in effect on August 1, 2004, for county-operated or
county-contracted emergency shelter care facilities that care for
children under the age of six years for no more than 30 days, shall
be contained in regulations for crisis nurseries.
(h) This section shall become operative on July 1, 2012.
SEC. 2. Section 1526.8 of the Health and Safety Code is amended to
read:
1526.8. (a) It is the intent of the Legislature that the
department develop modified staffing levels and requirements for
crisis nurseries, provided that the health, safety, and well-being of
the children in care are protected and maintained.
(b) The department shall allow the use of fully trained and
qualified volunteers as caregivers in a crisis nursery, subject to
the following conditions:
(1) Volunteers shall be fingerprinted for the purpose of
conducting a criminal record review as specified in subdivision (b)
of Section 1522.
(2) Volunteers shall complete a child abuse central index check as
specified in Section 1522.1.
(3) Volunteers shall be in good physical health and be tested for
tuberculosis not more than one year prior to, or seven days after,
initial presence in the facility.
(4) Prior to assuming the duties and responsibilities of a crisis
caregiver or being counted in the staff-to-child ratio, volunteers
shall complete at least eight hours of initial training divided as
follows:
(A) Four hours of crisis nursery job shadowing.
(B) Two hours of review of community care licensing regulations.
(C) Two hours of review of the crisis nursery program, including
the facility mission statement, goals and objectives, and special
needs of the client population they serve.
(5) Within 90 days, volunteers who are included in the
staff-to-child ratios shall complete at least 20 hours of training
divided as follows:
(A) Twelve hours of pediatric first aid and pediatric
cardiopulmonary resuscitation.
(B) Eight hours of child care health and safety issues.
(6) Volunteers who meet the requirements of paragraphs (1), (2),
and (3), but who have not completed the training specified in
paragraph (4) or (5) may assist a fully trained and qualified staff
person in performing child care duties. However, these volunteers
shall not be left alone with children, shall always be under the
direct supervision and observation of a fully trained and qualified
staff person, and shall not be counted in meeting the minimum
staff-to-child ratio requirements.
(c) The department shall allow the use of fully trained and
qualified volunteers to be counted in the staff-to-child ratio in a
crisis nursery subject to the following conditions:
(1) The volunteers have fulfilled the requirements in paragraphs
(1) to (4), inclusive, of subdivision (b).
(2) There shall be at least one fully qualified and employed staff
person on site at all times.
(3) (A) There shall be at least one employed staff or volunteer
caregiver for each group of three children, or fraction thereof, from
7 a.m. to 7 p.m.
(B) There shall be at least one paid caregiver or volunteer
caregiver for each group of four children, or fraction thereof, from
7 p.m. to 7 a.m.
(C) There shall be at least one employed staff person present for
every volunteer caregiver used by the crisis nursery for the purpose
of meeting the minimum caregiver staffing requirements.
(d) There shall be at least one staff person or volunteer
caregiver awake at all times from 7 p.m. to 7 a.m.
SEC. 3. Section 1530.5 of the Health and Safety Code is amended to
read:
1530.5. (a) The department, in establishing regulations,
including provisions for periodic inspections, under this chapter for
foster family homes and certified family homes of foster family
agencies, shall consider these homes as private residences, and shall
establish regulations for these foster family homes and certified
family homes of foster family agencies as an entirely separate
regulation package from regulations for all other community care
facilities. Certified family homes of foster family agencies and
foster family homes shall not be subject to civil penalties pursuant
to this chapter, except for penalties imposed pursuant to Sections
1522 and 1547. The department, in adopting and amending regulations
for these foster family homes and certified family homes of foster
family agencies, shall consult with foster parent and foster family
agency organizations in order to ensure compliance with the
requirement of this section.
(b) This section shall not apply to small family homes or foster
family agencies as defined in Section 1502.
SEC. 4. Section 1596.792 of the Health and Safety Code, as amended
by Section 4 of Chapter 519 of the Statutes of 2010, is amended to
read:
1596.792. This chapter, Chapter 3.5 (commencing with Section
1596.90), and Chapter 3.6 (commencing with Section 1597.30) do not
apply to any of the following:
(a) Any health facility, as defined by Section 1250.
(b) Any clinic, as defined by Section 1202.
(c) Any community care facility, as defined by Section 1502.
(d) Any family day care home providing care for the children of
only one family in addition to the operator's own children.
(e) Any cooperative arrangement between parents for the care of
their children when no payment is involved and the arrangement meets
all of the following conditions:
(1) In a cooperative arrangement, parents shall combine their
efforts so that each parent, or set of parents, rotates as the
responsible caregiver with respect to all the children in the
cooperative.
(2) Any person caring for children shall be a parent, legal
guardian, stepparent, grandparent, aunt, uncle, or adult sibling of
at least one of the children in the cooperative.
(3) There can be no payment of money or receipt of in-kind income
in exchange for the provision of care. This does not prohibit in-kind
contributions of snacks, games, toys, blankets for napping, pillows,
and other materials parents deem appropriate for their children. It
is not the intent of this paragraph to prohibit payment for outside
activities, the amount of which may not exceed the actual cost of the
activity.
(4) No more than 12 children are receiving care in the same place
at the same time.
(f) Any arrangement for the receiving and care of children by a
relative.
(g) Any public recreation program. "Public recreation program"
means a program operated by the state, city, county, special
district, school district, community college district, chartered
city, or chartered city and county that meets either of the following
criteria:
(1) The program is operated only during hours other than normal
school hours for kindergarten and grades 1 to 12, inclusive, in the
public school district where the program is located, or operated only
during periods when students in kindergarten and grades 1 to 12,
inclusive, are normally not in session in the public school district
where the program is located, for either of the following periods:
(A) For under 20 hours per week.
(B) For a total of 14 weeks or less during a 12-month period. This
total applies to any 14 weeks within any 12-month period, without
regard to whether the weeks are consecutive.
In determining "normal school hours" or periods when students are
"normally not in session," the State Department of Social Services
shall, when appropriate, consider the normal school hours or periods
when students are normally not in session for students attending a
year-round school.
(2) The program is provided to children who are over the age of
four years and nine months and not yet enrolled in school and the
program is operated during either of the following periods:
(A) For under 16 hours per week.
(B) For a total of 12 weeks or less during a 12-month period. This
total applies to any 12 weeks within any 12-month period, without
regard to whether the weeks are consecutive.
(3) The program is provided to children under the age of four
years and nine months with sessions that run 12 hours per week or
less and are 12 weeks or less in duration. A program subject to this
paragraph may permit children to be enrolled in consecutive sessions
throughout the year. However, the program shall not permit children
to be enrolled in a combination of sessions that total more than 12
hours per week for each child.
(h) Extended day care programs operated by public or private
schools.
(i) Any school parenting program or adult education child care
program that satisfies both of the following:
(1) Is operated by a public school district or operated by an
individual or organization pursuant to a contract with a public
school district.
(2) Is not operated by an organization specified in Section
1596.793.
(j) Any child day care program that operates only one day per week
for no more than four hours on that one day.
(k) Any child day care program that offers temporary child care
services to parents and that satisfies both of the following:
(1) The services are only provided to parents and guardians who
are on the same premises as the site of the child day care program.
(2) The child day care program is not operated on the site of a
ski facility, shopping mall, department store, or any other similar
site identified by the department by regulation.
(l) Any program that provides activities for children of an
instructional nature in a classroom-like setting and satisfies both
of the following:
(1) Is operated only during periods of the year when students in
kindergarten and grades 1 to 12, inclusive, are normally not in
session in the public school district where the program is located
due to regularly scheduled vacations.
(2) Offers any number of sessions during the period specified in
paragraph (1) that when added together do not exceed a total of 30
days when only schoolage children are enrolled in the program or 15
days when children younger than schoolage are enrolled in the
program.
(m) A program facility administered by the Department of
Corrections and Rehabilitation that (1) houses both women and their
children, and (2) is specifically designated for the purpose of
providing substance abuse treatment and maintaining and strengthening
the family unit pursuant to Chapter 4 (commencing with Section 3410)
of Title 2 of Part 3 of the Penal Code, or Chapter 4.8 (commencing
with Section 1174) of Title 7 of Part 2 of that code.
(n) Any crisis nursery, as defined in subdivision (a) of Section
1516.
SEC. 5. Section 1596.792 of the Health and Safety Code, as amended
by Section 5 of Chapter 519 of the Statutes of 2010, is repealed.
SEC. 6. Section 4094 of the Welfare and Institutions Code is
amended to read:
4094. (a) The State Department of Mental Health shall establish,
by regulations adopted at the earliest possible date, but no later
than December 31, 1994, program standards for any facility licensed
as a community treatment facility. This section shall apply only to
community treatment facilities described in this subdivision.
(b) Commencing July 1, 2012, the State Department of Health Care
Services may adopt or amend regulations pertaining to the program
standards for any facility licensed as a community treatment
facility.
(c) A certification of compliance issued by the State Department
of Health Care Services shall be a condition of licensure for the
community treatment facility by the State Department of Social
Services. The department may, upon the request of a county, delegate
the certification and supervision of a community treatment facility
to the county department of mental health.
(d) The State Department of Health Care Services shall adopt
regulations to include, but not be limited to, the following:
(1) Procedures by which the Director of Health Care Services shall
certify that a facility requesting licensure as a community
treatment facility pursuant to Chapter 3 (commencing with Section
1500) of Division 2 of the Health and Safety Code is in compliance
with program standards established pursuant to this section.
(2) Procedures by which the Director of Health Care Services shall
deny a certification to a facility or decertify a facility that is
licensed as a community treatment facility pursuant to Chapter 3
(commencing with Section 1500) of Division 2 of the Health and Safety
Code, but no longer complying with program standards established
pursuant to this section, in accordance with Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code.
(3) Provisions for site visits by the State Department of Health
Care Services for the purpose of reviewing a facility's compliance
with program standards established pursuant to this section.
(4) Provisions for the community care licensing staff of the State
Department of Social Services to report to the State Department of
Health Care Services when there is reasonable cause to believe that a
community treatment facility is not in compliance with program
standards established pursuant to this section.
(5) Provisions for the State Department of Health Care Services to
provide consultation and documentation to the State Department of
Social Services in any administrative proceeding regarding denial,
suspension, or revocation of a community treatment facility license.
(e) The standards adopted by regulations pursuant to subdivisions
(a) and (b) shall include, but not be limited to, standards for
treatment, staffing, and for the use of psychotropic medication,
discipline, and restraints in the facilities. The standards shall
also meet the requirements of Section 4094.5.
(f) (1) A community treatment facility shall not be required by
the State Department of Health Care Services to have 24-hour onsite
licensed nursing staff, but shall retain at least one full-time, or
full-time-equivalent, registered nurse onsite if all of the following
are applicable:
(A) The facility does not use mechanical restraint.
(B) The facility only admits children who have been assessed, at
the point of admission, by a licensed primary care provider and a
licensed psychiatrist, who have concluded, with respect to each
child, that the child does not require medical services that require
24-hour nursing coverage. For purposes of this section, a "primary
care provider" includes a person defined in Section 14254, or a nurse
practitioner who has the responsibility for providing initial and
primary care to patients, for maintaining the continuity of care, and
for initiating referral for specialist care.
(C) Other medical or nursing staff shall be available on call to
provide appropriate services, when necessary, within one hour.
(D) All direct care staff shall be trained in first aid and
cardiopulmonary resuscitation, and in emergency intervention
techniques and methods approved by the Community Care Licensing
Division of the State Department of Social Services.
(2) The State Department of Health Care Services may adopt
emergency regulations as necessary to implement this subdivision. The
adoption of these regulations shall be deemed to be an emergency and
necessary for the immediate preservation of the public peace, health
and safety, and general welfare. The regulations shall be exempt
from review by the Office of Administrative Law and shall become
effective immediately upon filing with the Secretary of State. The
regulations shall not remain in effect more than 180 days unless the
adopting agency complies with all the provisions of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, as required by subdivision (e) of Section
11346.1 of the Government Code.
(g) During the initial public comment period for the adoption of
the regulations required by this section, the community care facility
licensing regulations proposed by the State Department of Social
Services and the program standards proposed by the State Department
of Health Care Services shall be presented simultaneously.
(h) A minor shall be admitted to a community treatment facility
only if the requirements of Section 4094.5 and either of the
following conditions are met:
(1) The minor is within the jurisdiction of the juvenile court,
and has made voluntary application for mental health services
pursuant to Section 6552.
(2) Informed consent is given by a parent, guardian, conservator,
or other person having custody of the minor.
(i) Any minor admitted to a community treatment facility shall
have the same due process rights afforded to a minor who may be
admitted to a state hospital, pursuant to the holding in In re Roger
S. (1977) 19 Cal.3d 921. Minors who are wards or dependents of the
court and to whom this subdivision applies shall be afforded due
process in accordance with Section 6552 and related case law,
including In re Michael E. (1975) 15 Cal.3d 183. Regulations adopted
pursuant to Section 4094 shall specify the procedures for ensuring
these rights, including provisions for notification of rights and the
time and place of hearings.
(j) Notwithstanding Section 13340 of the Government Code, the sum
of forty-five thousand dollars ($45,000) is hereby appropriated
annually from the General Fund to the State Department of Health Care
Services for one personnel year to carry out the provisions of this
section.
SEC. 7. Section 11462 of the Welfare and Institutions Code is
amended to read:
11462. (a) (1) Effective July 1, 1990, foster care providers
licensed as group homes, as defined in departmental regulations,
including public child care institutions, as defined in Section
11402.5, shall have rates established by classifying each group home
program and applying the standardized schedule of rates. The
department shall collect information from group providers beginning
January 1, 1990, in order to classify each group home program.
(2) Notwithstanding paragraph (1), foster care providers licensed
as group homes shall have rates established only if the group home is
organized and operated on a nonprofit basis as required under
subdivision (h) of Section 11400. The department shall terminate the
rate effective January 1, 1993, of any group home not organized and
operated on a nonprofit basis as required under subdivision (h) of
Section 11400.
(3) (A) The department shall determine, consistent with the
requirements of this chapter and other relevant requirements under
law, the rate classification level (RCL) for each group home program
on a biennial basis. Submission of the biennial rate application
shall be made according to a schedule determined by the department.
(B) The department shall adopt regulations to implement this
paragraph. The adoption, amendment, repeal, or readoption of a
regulation authorized by this paragraph is deemed to be necessary for
the immediate preservation of the public peace, health and safety,
or general welfare, for purposes of Sections 11346.1 and 11349.6 of
the Government Code, and the department is hereby exempted from the
requirement to describe specific facts showing the need for immediate
action.
(b) A group home program shall be initially classified, for
purposes of emergency regulations, according to the level of care and
services to be provided using a point system developed by the
department and described in the report, "The Classification of Group
Home Programs under the Standardized Schedule of Rates System,"
prepared by the State Department of Social Services, August 30, 1989.
(c) The rate for each RCL has been determined by the department
with data from the AFDC-FC Group Home Rate Classification Pilot
Study. The rates effective July 1, 1990, were developed using 1985
calendar year costs and reflect adjustments to the costs for each
fiscal year, starting with the 1986-87 fiscal year, by the amount of
the California Necessities Index computed pursuant to the methodology
described in Section 11453. The data obtained by the department
using 1985 calendar year costs shall be updated and revised by
January 1, 1993.
(d) As used in this section, "standardized schedule of rates"
means a listing of the 14 rate classification levels, and the single
rate established for each RCL.
(e) Except as specified in paragraph (1), the department shall
determine the RCL for each group home program on a prospective basis,
according to the level of care and services that the group home
operator projects will be provided during the period of time for
which the rate is being established.
(1) (A) (i) For new and existing providers requesting the
establishment of an RCL, and for existing group home programs
requesting an RCL increase, the department shall determine the RCL no
later than 13 months after the effective date of the provisional
rate. The determination of the RCL shall be based on a program audit
of documentation and other information that verifies the level of
care and supervision provided by the group home program during a
period of the two full calendar months or 60 consecutive days,
whichever is longer, preceding the date of the program audit, unless
the group home program requests a lower RCL. The program audit shall
not cover the first six months of operation under the provisional
rate.
(ii) For audit purposes, if the group home program serves a
mixture of AFDC-FC eligible and ineligible children, the weighted
hours for child care and social work services provided and the
capacity of the group home shall be adjusted by the ratio of AFDC-FC
eligible children to all children in placement.
(iii) Pending the department's issuance of the program audit
report that determines the RCL for the group home program, the group
home program shall be eligible to receive a provisional rate that
shall be based on the level of care and service that the group home
program proposes it will provide. The group home program shall be
eligible to receive only the RCL determined by the department during
the pendency of any appeal of the department's RCL determination.
(B) A group home program may apply for an increase in its RCL no
earlier than two years from the date the department has determined
the group home program's rate, unless the host county, the primary
placing county, or a regional consortium of counties submits to the
department in writing that the program is needed in that county, that
the provider is capable of effectively and efficiently operating the
proposed program, and that the provider is willing and able to
accept AFDC-FC children for placement who are determined by the
placing agency to need the level of care and services that will be
provided by the program.
(C) To ensure efficient administration of the department's audit
responsibilities, and to avoid the fraudulent creation of records,
group home programs shall make records that are relevant to the RCL
determination available to the department in a timely manner. Except
as provided in this section, the department may refuse to consider,
for purposes of determining the rate, any documents that are relevant
to the determination of the RCL that are not made available by the
group home provider by the date the group home provider requests a
hearing on the department's RCL determination. The department may
refuse to consider, for purposes of determining the rate, the
following records, unless the group home provider makes the records
available to the department during the fieldwork portion of the
department's program audit:
(i) Records of each employee's full name, home address,
occupation, and social security number.
(ii) Time records showing when the employee begins and ends each
work period, meal periods, split shift intervals, and total daily
hours worked.
(iii) Total wages paid each payroll period.
(iv) Records required to be maintained by licensed group home
providers under Title 22 of the California Code of Regulations that
are relevant to the RCL determination.
(D) To minimize financial abuse in the startup of group home
programs, when the department's RCL determination is more than three
levels lower than the RCL
level proposed by the group home provider, and the group home
provider does not appeal the department's RCL determination, the
department shall terminate the rate of a group home program 45 days
after issuance of its program audit report. When the group home
provider requests a hearing on the department's RCL determination,
and the RCL determined by the director under subparagraph (E) is more
than three levels lower than the RCL level proposed by the group
home provider, the department shall terminate the rate of a group
home program within 30 days of issuance of the director's decision.
Notwithstanding the reapplication provisions in subparagraph (B), the
department shall deny any request for a new or increased RCL from a
group home provider whose RCL is terminated pursuant to this
subparagraph, for a period of no greater than two years from the
effective date of the RCL termination.
(E) A group home provider may request a hearing of the department'
s RCL determination under subparagraph (A) no later than 30 days
after the date the department issues its RCL determination. The
department's RCL determination shall be final if the group home
provider does not request a hearing within the prescribed time.
Within 60 days of receipt of the request for hearing, the department
shall conduct a hearing on the RCL determination. The standard of
proof shall be the preponderance of the evidence and the burden of
proof shall be on the department. The hearing officer shall issue the
proposed decision within 45 days of the close of the evidentiary
record. The director shall adopt, reject, or modify the proposed
decision, or refer the matter back to the hearing officer for
additional evidence or findings within 100 days of issuance of the
proposed decision. If the director takes no action on the proposed
decision within the prescribed time, the proposed decision shall take
effect by operation of law.
(2) Group home programs that fail to maintain at least the level
of care and services associated with the RCL upon which their rate
was established shall inform the department. The department shall
develop regulations specifying procedures to be applied when a group
home fails to maintain the level of services projected, including,
but not limited to, rate reduction and recovery of overpayments.
(3) The department shall not reduce the rate, establish an
overpayment, or take other actions pursuant to paragraph (2) for any
period that a group home program maintains the level of care and
services associated with the RCL for children actually residing in
the facility. Determinations of levels of care and services shall be
made in the same way as modifications of overpayments are made
pursuant to paragraph (2) of subdivision (b) of Section 11466.2.
(4) A group home program that substantially changes its staffing
pattern from that reported in the group home program statement shall
provide notification of this change to all counties that have placed
children currently in care. This notification shall be provided
whether or not the RCL for the program may change as a result of the
change in staffing pattern.
(f) (1) The standardized schedule of rates for the 2002-03,
2003-04, 2004-05, 2005-06, 2006-07, and 2007-08 fiscal years is:
FY 2002-03, 2003-
Rate Point Ranges 04,
2004-05, 2005-
06, 2006-07, and
Classification 2007-08
Level Standard Rate
1 Under 60 $1,454
2 60- 89 1,835
3 90-119 2,210
4 120-149 2,589
5 150-179 2,966
6 180-209 3,344
7 210-239 3,723
8 240-269 4,102
9 270-299 4,479
10 300-329 4,858
11 330-359 5,234
12 360-389 5,613
13 390-419 5,994
14 420 & Up 6,371
(2) (A) For group home programs that receive AFDC-FC payments for
services performed during the 2002-03, 2003-04, 2004-05, 2005-06,
2006-07, 2007-08, 2008-09, and 2009-10 fiscal years, the adjusted RCL
point ranges below shall be used for establishing the biennial rates
for existing programs, pursuant to paragraph (3) of subdivision (a)
and in performing program audits and in determining any resulting
rate reduction, overpayment assessment, or other actions pursuant to
paragraph (2) of subdivision (e):
Rate Adjusted Point Ranges
Classification for the 2002-03, 2003-04,
2004-05, 2005-06, 2006-07,
2007-08, 2008-09, and 2009-10
Level Fiscal Years
1 Under 54
2 54- 81
3 82-110
4 111-138
5 139-167
6 168-195
7 196-224
8 225-253
9 254-281
10 282-310
11 311-338
12 339-367
13 368-395
14 396 & Up
(B) Notwithstanding subparagraph (A), foster care providers
operating group homes during the 2002-03, 2003-04, 2004-05, 2005-06,
2006-07, 2007-08, 2008-09, and 2009-10 fiscal years shall remain
responsible for ensuring the health and safety of the children placed
in their programs in accordance with existing applicable provisions
of the Health and Safety Code and community care licensing
regulations, as contained in Title 22 of the Code of California
Regulations.
(C) Subparagraph (A) shall not apply to program audits of group
home programs with provisional rates established pursuant to
paragraph (1) of subdivision (e). For those program audits, the RCL
point ranges in paragraph (1) shall be used.
(D) Rates applicable for the 2009-10 fiscal year pursuant to the
act that adds this subparagraph shall be effective October 1, 2009.
(3) (A) For group home programs that receive AFDC-FC payments for
services performed during the 2009-10 fiscal year the adjusted RCL
point ranges below shall be used for establishing the biennial rates
for existing programs, pursuant to paragraph (3) of subdivision (a)
and in performing program audits and in determining any resulting
rate reduction, overpayment assessment, or other actions pursuant to
paragraph (2) of subdivision (e):
Rate Adjusted Point Ranges
Classification for the 2009-10
Level Fiscal Years
1 Under 39
2 39-64
3 65-90
4 91-115
5 116-141
6 142-167
7 168-192
8 193-218
9 219-244
10 245-270
11 271-295
12 296-321
13 322-347
14 348 & Up
(B) Notwithstanding subparagraph (A), foster care providers
operating group homes during the 2009-10 fiscal year shall remain
responsible for ensuring the health and safety of the children placed
in their programs in accordance with existing applicable provisions
of the Health and Safety Code and community care licensing
regulations as contained in Title 22 of the California Code of
Regulations.
(C) Subparagraph (A) shall not apply to program audits of group
home programs with provisional rates established pursuant to
paragraph (1) of subdivision (e). For those program audits, the RCL
point ranges in paragraph (1) shall be used.
(g) (1) (A) For the 1999-2000 fiscal year, the standardized rate
for each RCL shall be adjusted by an amount equal to the California
Necessities Index computed pursuant to the methodology described in
Section 11453. The resultant amounts shall constitute the new
standardized schedule of rates, subject to further adjustment
pursuant to subparagraph (B).
(B) In addition to the adjustment in subparagraph (A), commencing
January 1, 2000, the standardized rate for each RCL shall be
increased by 2.36 percent, rounded to the nearest dollar. The
resultant amounts shall constitute the new standardized schedule of
rates.
(2) Beginning with the 2000-01 fiscal year, the standardized
schedule of rates shall be adjusted annually by an amount equal to
the CNI computed pursuant to Section 11453, subject to the
availability of funds. The resultant amounts shall constitute the new
standardized schedule of rates.
(3) Effective January 1, 2001, the amount included in the standard
rate for each Rate Classification Level (RCL) for the salaries,
wages, and benefits for staff providing child care and supervision or
performing social work activities, or both, shall be increased by 10
percent. This additional funding shall be used by group home
programs solely to supplement staffing, salaries, wages, and benefit
levels of staff specified in this paragraph. The standard rate for
each RCL shall be recomputed using this adjusted amount and the
resultant rates shall constitute the new standardized schedule of
rates. The department may require a group home receiving this
additional funding to certify that the funding was utilized in
accordance with the provisions of this section.
(4) Effective January 1, 2008, the amount included in the standard
rate for each RCL for the wages for staff providing child care and
supervision or performing social work activities, or both, shall be
increased by 5 percent, and the amount included for the payroll taxes
and other employer-paid benefits for these staff shall be increased
from 20.325 percent to 24 percent. The standard rate for each RCL
shall be recomputed using these adjusted amounts, and the resulting
rates shall constitute the new standardized schedule of rates.
(5) The new standardized schedule of rates as provided for in
paragraph (4) shall be reduced by 10 percent, effective October 1,
2009, and the resulting rates shall constitute the new standardized
schedule of rates.
(6) The rates of licensed group home providers, whose rates are
not established under the standardized schedule of rates, shall be
reduced by 10 percent, effective October 1, 2009.
(h) The standardized schedule of rates pursuant to subdivisions
(f) and (g) shall be implemented as follows:
(1) Any group home program that received an AFDC-FC rate in the
prior fiscal year at or above the standard rate for the RCL in the
current fiscal year shall continue to receive that rate.
(2) Any group home program that received an AFDC-FC rate in the
prior fiscal year below the standard rate for the RCL in the current
fiscal year shall receive the RCL rate for the current year.
(i) (1) The department shall not establish a rate for a new
program of a new or existing provider, or for an existing program at
a new location of an existing provider, unless the provider submits a
letter of recommendation from the host county, the primary placing
county, or a regional consortium of counties that includes all of the
following:
(A) That the program is needed by that county.
(B) That the provider is capable of effectively and efficiently
operating the program.
(C) That the provider is willing and able to accept AFDC-FC
children for placement who are determined by the placing agency to
need the level of care and services that will be provided by the
program.
(D) That, if the letter of recommendation is not being issued by
the host county, the primary placing county has notified the host
county of its intention to issue the letter and the host county was
given the opportunity of 30 days to respond to this notification and
to discuss options with the primary placing county.
(2) The department shall encourage the establishment of consortia
of county placing agencies on a regional basis for the purpose of
making decisions and recommendations about the need for, and use of,
group home programs and other foster care providers within the
regions.
(3) The department shall annually conduct a county-by-county
survey to determine the unmet placement needs of children placed
pursuant to Section 300 and Section 601 or 602, and shall publish its
findings by November 1 of each year.
(j) The department shall develop regulations specifying
ratesetting procedures for program expansions, reductions, or
modifications, including increases or decreases in licensed capacity,
or increases or decreases in level of care or services.
(k) For the purpose of this subdivision, "program change" means
any alteration to an existing group home program planned by a
provider that will increase the RCL or AFDC-FC rate. An increase in
the licensed capacity or other alteration to an existing group home
program that does not increase the RCL or AFDC-FC rate shall not
constitute a program change.
(l) General unrestricted or undesignated private charitable
donations and contributions made to charitable or nonprofit
organizations shall not be deducted from the cost of providing
services pursuant to this section. The donations and contributions
shall not be considered in any determination of maximum expenditures
made by the department.
(m) The department shall, by October 1 of each year, commencing
October 1, 1992, provide the Joint Legislative Budget Committee with
a list of any new departmental requirements established during the
previous fiscal year concerning the operation of group homes, and of
any unusual, industrywide increase in costs associated with the
provision of group care that may have significant fiscal impact on
providers of group homes care. The committee may, in fiscal year
1993-94 and beyond, use the list to determine whether an
appropriation for rate adjustments is needed in the subsequent fiscal
year.
SEC. 8. Section 11466.2 of the Welfare and Institutions Code is
amended to read:
11466.2. (a) (1) The department shall perform or have performed
group home program and fiscal audits as needed. Group home programs
shall maintain all child-specific, programmatic, personnel, fiscal,
and other information affecting group home ratesetting and AFDC-FC
payments for a period not less than five years.
(2) Notwithstanding paragraph (1), the department shall not
establish an overpayment based upon a nonprovisional program audit
conducted on less than a one-year audit period.
(3) Notwithstanding paragraph (2), the department may conduct
audits covering a period of less than 12 months. Based upon the
findings of these audits, the department may reduce a group home
program's AFDC-FC rate or RCL pursuant to this paragraph.
(A) In an audit of a period of less than 12 months, if a provider'
s audited RCL is no more than three levels below the paid RCL, the
provider's rate and RCL will be reduced to the audited RCL. The
provider will be allowed the opportunity to bring a program into
compliance with the paid RCL.
(B) In an audit of a period of less than 12 months, if the
provider's audited RCL is more than three levels below the paid RCL,
the department shall conduct an audit as identified in paragraph (2)
of subdivision (a) of Section 11466.2. The provider will be allowed
the opportunity to bring a program into compliance with the paid RCL.
(C) For audit purposes, when the group home program serves a
mixture of AFDC-FC eligible and ineligible children, the weighted
hours for child care and social work services provided and the
capacity of the group home shall be adjusted by the ratio of AFDC-FC
eligible children to all children in placement.
(D) A group home provider may request a hearing of the department'
s RCL determination under subparagraph (A) no later than 30 days
after the date the department issues its RCL determination. The
department's RCL determination shall be final if the group home
provider does not request a hearing within the prescribed time.
Within 60 days of receipt of the request for hearing, the department
shall conduct a hearing on the RCL determination. The standard of
proof shall be the preponderance of the evidence and the burden of
proof shall be on the department. The hearing officer shall issue the
proposed decision within 45 days of the close of the evidentiary
record. The director shall adopt, reject, or modify the proposed
decision, or refer the matter back to the hearing officer for
additional evidence or findings within 100 days of issuance of the
proposed decision. If the director takes no action on the proposed
decision within the prescribed time, the proposed decision shall take
effect by operation of law.
(b) (1) The department shall develop regulations to correct a
group home program's RCL, and to adjust the rate and to recover any
overpayments resulting from an overstatement of the projected level
of care and services.
(2) The department shall modify the amount of the overpayment
pursuant to paragraph (1) in cases where the level of care and
services provided per child in placement equals or exceeds the level
associated with the program's RCL. In making this modification, the
department shall determine whether services other than child care
supervision were provided to children in placement in an amount that
is at least proportionate, on a per child basis, to the amount
projected in the group home's rate application. In cases where these
services are provided in less than a proportionate amount, staffing
for child care supervision in excess of its proportionate share shall
not be substituted for nonchild care supervision staff hours.
(c) (1) In any audit conducted by the department, the department,
or other public or private audit agency with which the department
contracts, shall coordinate with the department's licensing and
ratesetting entities so that a consistent set of standards, rules,
and auditing protocols are maintained. The department, or other
public or private audit agency with which the department contracts,
shall make available to all group home providers, in writing, any
standards, rules, and auditing protocols to be used in those audits.
(2) The department shall provide exit interviews with providers
whenever deficiencies found are explained and the opportunity exists
for providers to respond. The department shall adopt regulations
specifying the procedure for the appeal of audit findings.
SEC. 9. Section 18987.62 of the Welfare and Institutions Code is
amended to read:
18987.62. (a) Upon request from a county, the director may waive
regulations governing foster care payments or the operation of group
homes to enable counties to implement the agreements established
pursuant to Section 18987.61. Waivers granted by the director shall
be applicable only to services provided under the terms of the
agreement and for the duration of the agreement, whichever is
earlier, unless the director authorizes an extension of the waiver
pursuant to subdivision (f). A waiver shall only be granted when all
of the following apply:
(1) The agreement promises to offer a worthwhile test of an
innovative approach or to encourage the development of a new service
for which there is a recognized need.
(2) The regulatory requirement prevents the implementation of the
agreement.
(3) The requesting county proposes to monitor the agreement
through performance measures that ensure that the purposes of the
waived regulation will be achieved.
(b) The director shall take steps that are necessary to prevent
the loss of any substantial amounts of federal funds as a result of
the waivers granted under this section. The waiver may specify the
extent to which the requesting county shall share in any cost
resulting from any loss of federal funding.
(c) The director shall not waive regulations that apply to the
health and safety of children served by participating private
nonprofit agencies.
(d) The director shall notify the appropriate policy and fiscal
committees of the Legislature whenever waivers are granted and when a
waiver of regulations was required for the implementation of the
county's proposed agreement. The director shall identify the reason
why the development of the services outlined by the agreement between
the county and the service provider are hindered by the regulations
to be waived.
(e) The county or private nonprofit agency shall fund an
independent evaluation of the waiver as described in subdivision (f)
of Section 18987.61.
(f) The director may grant a county's request to extend the
waiver, in increments of three years, based upon a review and
analysis of all of the following information:
(1) The results of the report, if required under subdivision (e)
of Section 18987.61.
(2) The results of the independent evaluation of the waiver
pursuant to subdivision (e) of this section.
(3) Justification for the extension, and verification of continued
compliance with this section.
(g) (1) For any waiver approved on or before January 1, 2010, an
extension of the waiver for up to an additional three years may be
based upon the department's review and analysis of the information
required to be submitted in subdivision (f).
(2) If an independent evaluation has not yet been completed, the
department may grant an extension based upon its review of available
information. However, an independent evaluation shall be required to
be completed within one year prior to the end of the waiver.
SEC. 10. 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),
until regulations are filed with the Secretary of State, the State
Department of Social Services may implement the amendments made to
Sections 11462 and 11466.2 of the Health and Safety Code by this act
through all-county letters or similar instructions from the Director
of Social Services.
SEC. 11. 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.
