BILL NUMBER: SB 1319 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 11, 2012
INTRODUCED BY Senator Liu
FEBRUARY 23, 2012
An act to amend Section 1530.5 of the Health and Safety Code, and
to amend Sections 4094 and 18987.62 of the Welfare and Institutions
Code, relating to children.
LEGISLATIVE COUNSEL'S DIGEST
SB 1319, as amended, 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, including
foster family agencies that certify foster family homes and licensed
foster family homes. Existing law requires the department, in
establishing regulations for foster family homes and certified family
homes of foster family agencies, 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.
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. Existing law
establishes, until January 1, 2013, 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 January 1, 2013, expiration date
applicable to the nursing staff requirements described above, thus
making those staffing requirements permanent.
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.
This bill would revise the waiver extension conditions applicable
when the department has approved a waiver extension prior to January
1, 2011, to allow the department to continue the waiver extension
until certain ratesetting reforms are adopted.
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 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. 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. 2. 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) A certification of compliance issued by the State Department
of Mental Health 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.
(c) The State Department of Mental Health shall adopt regulations
to include, but not be limited to, the following:
(1) Procedures by which the Director of Mental Health 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 Mental Health 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 Mental
Health 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
Mental Health 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 Mental Health 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.
(d) The standards adopted by regulations pursuant to subdivision
(a) 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.
(e) (1) A community treatment facility shall not be required by
the State Department of Mental Health to have 24-hour onsite licensed
nursing staff, but shall retain at least one full-time, or
full-time-equivalent, registered nurse onsite if both
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.
(2)
(C) Other medical or nursing staff shall be available
on call to provide appropriate services, when necessary, within one
hour.
(3)
(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.
(4)
(2) The State Department of Mental Health 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.
(f) 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 Mental Health shall be presented simultaneously.
(g) 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.
(h) 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.
(i) 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 Mental
Health for one personnel year to carry out the provisions of this
section.
SEC. 3. 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
for up to an additional 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.
(h) (1) If the department has approved a waiver extension under
this section before January 1, 2011, and if the department has
determined, based on the criteria contained in subdivision (f), that
the waiver should be extended in order to sustain the positive
outcomes demonstrated as a result of the waiver, the department may
extend the waiver.
(2) A waiver extended pursuant to this subdivision shall continue
until it is no longer necessary, because ratesetting reforms have
been adopted that provide adequate support for the programs developed
pursuant to this article.