Currrent as of February 4, 2022
Assembly Bill No. 1663
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Introduced by Assembly Member Cristina Garcia |
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An act to add Sections 1520.12 and 1534.6 to the Health and Safety Code, relating to care facilities.
LEGISLATIVE COUNSEL’S DIGEST
AB 1663, as amended, Cristina Garcia. Group homes: immigrant children.
Existing law, the California Community Care Facilities Act, provides for the licensure and regulation of community care facilities, including group homes, by the State Department of Social Services. Existing law subjects every licensed community care facility, except as specified, to unannounced inspections by the department, and authorizes the department to inspect these facilities as often as necessary to ensure the quality of care provided. A violation of this act is a misdemeanor.
Existing law requires the State Department of Social Services, subject to the availability of funding, to contract with qualified nonprofit legal services organizations to provide legal services to unaccompanied undocumented minors, as defined, who are transferred to the care and custody of the federal Office of Refugee Resettlement and who are present in this state.
This bill would require a group home with children who are under the custody of the federal Office of Refugee Resettlement, to, among other things, report the number of children under the custody of the federal Office of Refugee Resettlement who are placed in the group home and their length of stay and arrange a meeting for those children to meet with a qualified organization that has received a certain grant to provide legal services to unaccompanied undocumented minors if the child is an unaccompanied undocumented minor, as defined. The bill would require a county child welfare department to meet with each child under the custody of the federal Office of Refugee Resettlement who is placed in a group home to assess the well-being of the child and to offer mental health services to the child, and would require the department to inspect group homes with those children at least once each quarter to ensure compliance with the act and the quality of care provided. Because the failure of a group home to comply with these provisions would be a misdemeanor, and the bill would impose new requirements on county officials, the 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 Local Program:yes
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1.
Section 1520.12 is added to the Health and Safety Code, to read:
1520.12.
(a) A group home with children who are under the custody of the federal Office of Refugee Resettlement shall do all of the following:
(1) Report both of the following to the department on a quarterly basis:
(A) The number of children under the custody of the federal Office of Refugee Resettlement who are placed in the group home.
(B) The length of stay for children under the custody of the federal Office of Refugee Resettlement.
(2) Arrange a meeting for each child under the custody of the federal Office of Refugee Resettlement to meet with a qualified organization that has received a grant to provide legal services to unaccompanied undocumented minors pursuant to Chapter 5.6 (commencing with Section 13300) of Part 3 of Division 9 of the Welfare and Institutions Code if the child is an unaccompanied undocumented minor, as defined in Section 13300 of the Welfare and Institutions Code.
(3) Provide access to the county child welfare department to meet with children under the custody of the federal Office of Refugee Resettlement, so that the children may be assessed and offered mental health services.
(b) A county child welfare department shall meet with each child under the custody of the federal Office of Refugee Resettlement who is placed in a group home to assess the well-being of the child and to offer mental health services to the child.
SEC. 2.
Section 1534.6 is added to the Health and Safety Code, to read:
1534.6.
At least once each quarter, the department shall inspect a group home with children who are under the custody of the federal Office of Refugee Resettlement to ensure compliance with this chapter and the quality of care provided.
SEC. 3.
To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIII B of the California Constitution.
With regard to certain other costs that may be incurred by a local agency or school district, no reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because, in that regard, 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.
Assembly Bill 1663