Gail Pellerin
- Democratic
- Assemblymember
- District 28
Author
(1) Existing law, the California Community Care Facilities Act, among other things, provides for the licensure and regulation of foster family agencies, which are organizations engaged in the recruiting, certifying, approving, and training of, and providing professional support to, foster parents and resource families, or in finding homes for foster children in need of care. Existing law also regulates noncustodial adoption agencies, which are licensed entities engaged in the business of providing adoption services. Existing law provides for liability insurance to protect against loss resulting from liability for an injury suffered by a person or for damage to property. Existing case law establishes obligations liability insurers have to the insured, including the duty to indemnify and the duty to defend. This bill would authorize a foster family agency or noncustodial adoption agency, also known as FFA, to be held liable for injury or damage caused by that FFA's negligence but not for the injury or damage caused by the public entity. The bill would require the FFA and the public entity to each bear the cost of insuring against their respective acts and omissions and defending against claims arising from those risks. The bill would prohibit the above provisions from being waived or suspended by a court, and would specify that certain contract provisions with indemnification provisions would be void as against public policy and unenforceable. This bill would repeal these provisions on January 1, 2027. (2) Existing law authorizes a resource family that is currently approved by a foster family agency or a county to be approved by a subsequent foster family agency upon the completion of specified activities, including the resource family submitting an application and the subsequent foster family agency conducting a background check and reference check, as specified. Existing law also authorizes a resource family approved by a foster family agency to transfer their approval to a county upon the completion of similar activities. This bill would specify that the rate paid on behalf of a child or nonminor dependent placed with an approved resource family who has applied for a transfer pursuant to those provisions is the rate most recently established for the child or nonminor dependent. The bill would authorize, upon approval of the resource family by the subsequent foster family agency or county, the rate to be adjusted based on the needs of the child. The bill would also authorize the State Department of Social Services, until January 1, 2027, to waive provisions governing the transfer of resource family approval other than those provisions related to background checks. The bill would make these provisions effective on October 1, 2024, or the effective date of the bill, whichever is later. The bill would authorize the department to implement these provisions by all-county letters or similar directives. The bill would also require the department to report certain information the Legislature relating to the transfer of resource family approval in conjunction with the 2025 May Revision. The bill would require the department, in coordination with other relevant entities, to examine available options to make insurance available to foster family agencies and update the Legislature on these efforts in conjunction with the 2025-26 fiscal year budget process. (3) This bill would declare that it is to take effect immediately as an urgency statute.
Chaptered by Secretary of State - Chapter 403, Statutes of 2024.
Approved by the Governor.
Enrolled and presented to the Governor at 4 p.m.
Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0.).
In Assembly. Concurrence in Senate amendments pending.
Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 40. Noes 0.).
From committee: That the Senate amendments be concurred in. (Ayes 7. Noes 0.) (August 30).
Joint Rule 62(a) suspended.
Re-referred to Com. on HUM. S. pursuant to Assembly Rule 77.2.
From committee: That the measure be returned to Senate Floor for consideration. (Ayes 5. Noes 0.) (August 27)
Re-referred to Com. on RLS pursuant to Senate Rule 29.10(b).
From committee: Be re-referred to Com. on HUMAN S. pursuant to Senate Rule 29.10(b). (Ayes 5. Noes 0.) Re-referred to Com. on HUMAN S.
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 7. Noes 0.) (August 15).
Read second time and amended. Re-referred to Com. on APPR.
Joint Rule 61 suspended. (Page 4967.)
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (July 2).
Withdrawn from committee.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E. D.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 0. Page 5088.)
Read second time. Ordered to Consent Calendar.
From committee: Do pass. To Consent Calendar. (Ayes 14. Noes 0.) (April 24).
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 18. Noes 0.) (April 9). Re-referred to Com. on APPR.
From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.
From printer. May be heard in committee March 15.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB2496 | HTML |
| 02/13/24 - Introduced | |
| 03/18/24 - Amended Assembly | |
| 06/10/24 - Amended Senate | |
| 08/06/24 - Amended Senate | |
| 08/23/24 - Amended Senate | |
| 09/05/24 - Enrolled | |
| 09/22/24 - Chaptered |
| Document | Format |
|---|---|
| 04/05/24- Assembly Business and Professions | |
| 04/22/24- Assembly Appropriations | |
| 06/28/24- Senate Judiciary | |
| 08/09/24- Senate Appropriations | |
| 08/18/24- Sen. Floor Analyses | |
| 08/27/24- Senate Human Services | |
| 08/27/24- Sen. Floor Analyses | |
| 08/30/24- ASSEMBLY FLOOR ANALYSIS | PDF PDF |
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