California Legislature—2015–16 Regular Session

Assembly Bill No. 1327

Introduced by Assembly Member Dahle

(Coauthors: Assembly Members Gallagher, Grove, Lackey, and Maienschein)

(Coauthors: Senators Berryhill and Nielsen)

February 27, 2015

An act to amend Section 1559.110 of the Health and Safety Code, and to amend Section 16522 of the Welfare and Institutions Code, relating to foster care.

LEGISLATIVE COUNSEL’S DIGEST

AB 1327, as introduced, Dahle. Foster care: transitional housing.

Existing law requires the State Department of Social Services to license and regulate transitional housing placement providers. Existing law requires transitional housing providers to provide supervised transitional housing services to foster children who are at least 16 years of age and not more than 18 years of age, nonminor dependents, or both. Existing law provides that transitional housing includes, among others, programs in which a participant lives independently in certain types of housing owned or leased by the provider either with an adult employee of the provider or in a building in which one or more adult employees of the provider reside and provide supervision. Transitional housing may, if the State Department of Social Services provides approval, include programs in which a participant lives independently in certain types of housing owned or leased by provider under the supervision of the provider.

This bill would delete the requirement that the housing be owned or leased by the provider and would instead require that a provider be responsible for the payment of any contracted rental fees and any penalties for late payment to the property owner. The bill would also, with regards to the latter program described above, delete the requirement that the department provide approval for the program and delete the requirement that participants live under the supervision of the provider.

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 1559.110 of the Health and Safety Code
is amended to read:

1559.110.  

(a) (1) The State Department of Social Services
shall license transitional housing placement providers pursuant to
this chapter. Prior to licensure, a provider shall obtain certification
from the applicable county, in accordance with Section 16522.1
of the Welfare and Institutions Code.

(2) For purposes of the certification of a program that serves
nonminor dependents in accordance with subdivision (c) of Section
16522.1 of the Welfare and Institutions Code, “applicable county”
means the county where the administrative office or
subadministrative office of a transitional housing placement
provider is located, or a primary placing county.

(b) Transitional housing placement providers shall provide
supervised transitional housing services to foster children who are
at least 16 years of age and not more than 18 years of age, or
nonminor dependents, as defined in subdivision (v) of Section
11400 of the Welfare and Institutions Code, or both.

(c) Transitional housing placement providers shall certify that
housing units comply with the health and safety standards set forth
in paragraph (5) of subdivision (b) of Section 1501. Transitional
housing shall include any of the following:

(1) Programs in which a participant lives in an apartment,
single-family dwelling, or condominium, with one or more adults
approved by the provider.

(2) Programs in which a participant lives independently in an
apartment, single-family dwelling, or condominium begin delete owned or
leased by the provider end delete either with an adult employee of the provider
or in a building in which one or more adult employees of the
provider reside and provide supervision. begin insert A provider shall be
responsible for the payment of any contracted rental fees and any
penalties for late payment to the property owner. end insert

(3) Programs in which a participant lives independently in an
apartment, single-family dwelling, or begin delete condominium owned or
leased by a provider under the supervision of the provider if the
State Department of Social Services provides approval. end delete
begin insert condominium. A provider shall be responsible for the payment of
any contracted rental fees and any penalties for late payment to
the property owner. end insert The housing model described in this paragraph
shall be available to minor foster children, if placed prior to
October 1, 2012, and to nonminor dependents.

(d) (1) The department shall adopt regulations to govern
transitional housing placement providers licensed pursuant to this
section.

(2) The regulations shall be age-appropriate and recognize that
nonminor dependents who are about to exit from the foster care
system should be subject to fewer restrictions than those who are
foster children. At a minimum, the regulations shall provide for
both of the following:

(A) Require programs that serve both foster children and
nonminor dependents to have separate rules and program design,
as appropriate, for these two groups of youth.

(B) Allow nonminor dependents to have the greatest amount of
freedom possible in order to prepare them for their transition to
adulthood, in accordance with paragraph (1) of subdivision (b) of
Section 1502.7.

(C) Maintain a program staffing ratio of case manager to client
not to exceed 1 to 12.

begin delete

(4)

end delete

begin insert (D) end insert  For purposes of the certification of a program that serves
nonminor dependents in accordance with subdivision (c) of Section
16522.1 of the Welfare and Institutions Code, “applicable county”
means the county where the administrative office or
subadministrative office of a transitional housing placement
provider is located, or a primary placing county.

SEC. 2.  

Section 16522 of the Welfare and Institutions Code is
amended to read:

16522.  

(a) The State Department of Social Services shall adopt
regulations to govern licensed transitional housing placement
providers that provide supervised transitional housing to foster
children at least 16 years of age and not more than 18 years of age,
and nonminor dependents, as defined in subdivision (v) of Section
11400.

(b) The department may structure statewide implementation of
transitional housing placement providers on a phased-in basis.

(c) (1) Transitional Housing Program-Plus providers, as defined
in subdivision (s) of Section 11400, shall not be subject to licensure
pursuant to Section 1559.110 of the Health and Safety Code, if
they are certified to provide transitional housing by the applicable
county and have obtained a local fire clearance.

(2) By July 31, 2012, the department shall establish certification
standards and procedures for the THP-Plus Foster Care program,
as described in subdivision (c) of Section 16522.1, in consultation
with the County Welfare Directors Association, the California
Youth Connection, county probation departments, provider
representatives, and other stakeholders, as appropriate.

(d) Transitional housing placement providers shall certify that
housing units comply with the health and safety standards set forth
in paragraph (5) of subdivision (b) of Section 1501 of the Health
and Safety Code. Transitional housing shall include any of the
following:

(1) Programs in which a participant lives in an apartment,
single-family dwelling, or condominium, with one or more adults
approved by the provider.

(2) Programs in which a participant lives independently in an
apartment, single-family dwelling, or condominium begin delete owned or
leased by the provider end delete either with an adult employee of the provider
or in a building in which one or more adult employees of the
provider reside and provide supervision. begin insert A provider shall be
responsible for the payment of any contracted rental fees and any
penalties for late payment to the property owner. end insert

(3) Programs in which a participant lives independently in an
apartment, single-family dwelling, or begin delete condominium owned or
leased by a provider under the supervision of the provider if the
State Department of Social Services provides approval. end delete
begin insert condominium. A provider shall be responsible for the payment of
any contracted rental fees and any penalties for late payment to
the property owner. end insert The housing model described in this paragraph
shall be available to minor foster children, if placed prior to
October 1, 2012, and to nonminor dependents.

(e) The regulations shall be age-appropriate and recognize that
youth who are about to exit from the foster care system should be
subject to fewer restrictions than those who are foster children. At
a minimum, the regulations shall provide for both of the following:

(1) Require programs that serve youth who are both in and out
of the foster care system to have separate rules and program design,
as appropriate, for these two groups of youth.

(2) Allow youth who have exited from the foster care system,
on or after their 18th birthday, to have the greatest amount of
freedom possible in order to prepare them for their transition to
adulthood.

(f) The regulations governing licensed transitional housing
placement providers that serve nonminor dependents shall be age
appropriate and recognize that nonminor dependents who are about
to exit from the foster care system should be subject to fewer
restrictions than those who are foster children. At a minimum, the
regulations shall provide for both of the following:

(1) Require programs that serve foster children and nonminor
dependents to have separate rules and program design, as
appropriate, for these two groups of youth.

(2) Allow nonminor dependents to have the greatest amount of
freedom possible in order to prepare them for their transition to
adulthood, in accordance with paragraph (1) of subdivision (b) of
Section 1502.7 of the Health and Safety Code.

(3) Maintain a program staffing ratio of case manager to client
not to exceed 1 to 12.