Crisis nurseries.

Existing law provides for the licensure and regulation by the State Department of Social Services of community care facilities, including facilities that provide care for children. Violation of the provisions relating to community care facilities is a misdemeanor. Existing law includes a crisis nursery, as defined, within the provisions regulating a community care facility. Existing law removes crisis nurseries from these provisions on July 1, 2011. Existing law provides for the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which, pursuant to a combination of federal, state, and county funds, aid on behalf of eligible children is paid to foster care providers. Existing law includes a crisis nursery among the facilities eligible to receive reimbursement under the above program when a child is placed in such a facility. Existing law requires the department, to the extent that federal financial participation is available, to set a foster care rate for crisis nurseries. Existing law removes crisis nurseries from these provisions on July 1, 2011. This bill, as of January 1, 2011, would specify that voluntary placement in a crisis nursery does not include placement of a child who has been removed from the care and custody of his or her parent or legal guardian and placed in foster care. This bill, as of July 1, 2012, also would change the definition of crisis nursery for this purpose to include only facilities that accept voluntary placements, as defined, and not placements by county child welfare services. Commencing July 1, 2012, the bill would prohibit children placed in crisis nurseries from receiving AFDC-FC reimbursement. The bill would provide for the repeal of the definition described above as of January 1, 2014. This bill would extend the repeal date for provisions described above that relate to volunteers and that exempt the application of prescribed provisions to crisis nurseries until January 1, 2014. By extending inclusion of a crisis nursery in the definition of a community care facility, the bill would impose a state-mandated local program, by extending the expansion of a crime. Existing law continuously appropriates moneys from the General Fund to pay for a share of the cost of AFDC-FC payments. This bill would, instead, provide that the continuous appropriation would not be made for purposes of implementing the bill. This bill would incorporate additional changes in Section 11402 of the Welfare and Institutions Code proposed by AB 12, that would become operative only if AB 12 and this bill are both chaptered and become effective on or before January 1, 2011, and this bill is chaptered last. 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.