AB 388

Bill Subjects

Abstract

(1) The California Community Care Facilities Act provides for the licensure and regulation of community care facilities, including foster family homes and group homes, by the State Department of Social Services. Existing law requires the department director, at least annually, to publish and make available to interested persons a list covering all licensed community care facilities, except as specified, and the services for which each facility has been licensed or issued a special permit. This bill would require that the list for a group home, transitional housing placement provider, community treatment facility, or runaway and homeless youth shelter include specified information, including the number of licensing complaints and the number, types, and outcomes of law enforcement contacts made by the facility staff or children. This bill would require a group home, transitional housing placement provider, community treatment facility, or runaway and homeless youth shelter to report to the department's Community Care Licensing Division upon the occurrence of any incident concerning a child in the facility involving contact with law enforcement. The bill would require the department to inspect a facility at least once a year if the department determines that a facility has reported a greater than average number of law enforcement contacts involving an alleged violation of specified crimes by a child residing in the facility. (2) Existing law requires the county probation department and the child welfare services department to, pursuant to a jointly developed written protocol, initially determine which status will serve the best interest of a minor and the protection of society when the minor appears to come within the description of a dependent of the court and a ward of the court pursuant to specified provisions. Existing law requires the juvenile court to determine which status is appropriate for the minor after the recommendations of both departments are presented to the court. This bill would authorize, if the alleged conduct that appears to bring the dependent minor within the description of a ward of the court occurs in, or under the supervision of, a foster home, group home, or other licensed facility that provides residential care for minors, the county probation department and the child welfare services department to consider, in making their determination and recommendation to the court, whether the alleged conduct was within the scope of behaviors to be managed or treated by the facility, as specified. The bill would also authorize, among other things, a requirement for immediate notification of the child welfare service department and the minor's dependency attorney upon referral of a dependent minor to probation, to be included in the protocols developed by the county probation department and the child welfare services department. (3) Existing law requires the court to determine whether a minor in custody pursuant to specified provisions shall be released from, or detained in, custody, considering, among other things, whether it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that he or she be detained and whether continuance in the home is contrary to the minor's welfare. This bill would require that the court's decision to detain, if a minor is a dependent of the court, not be based on the minor's status as a dependent of the court or the child welfare services department's inability to provide a placement for the minor. The bill would require, in certain circumstances, the court to order the child welfare services department to place the minor in another licensed or approved placement. By imposing additional duties on local officials, the bill would create a state-mandated local program. (4) Existing law requires the department, in consultation with specified entities to develop performance standards and outcome measures for determining the effectiveness of the care and supervision provided by group homes under the Aid to Families with Dependent Children-Foster Care program. This bill would require, by January 1, 2016, the department, in consultation with specified entities and persons, to develop additional performance standards and outcome measures that require group homes to implement programs and services to minimize law enforcement contacts and delinquency petition filings arising in group homes, as specified. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.