(1) Under existing law, a child who is removed from the physical custody of his or her parent or parents in dissolution, dependency, or probate guardianship proceedings may be placed with a parent, relative, legal guardian, or other specified persons or in specified placement homes or facilities. When a child is placed with his or her relative during dependency proceedings and the relative is not a licensed or certified foster parent, existing law requires a county social worker to visit the relative's home, prior to placing the child in that home, to ascertain the appropriateness of the placement. Existing law also requires the court or county social worker to initiate a state and federal criminal records check of the relative through the California Law Enforcement Telecommunications System as part of the assessment. This bill would permit a court to place a child in any of those proceedings with a parent, legal guardian, or relative regardless of the immigration status of the parent, legal guardian, or relative. This bill would also permit a relative's foreign consulate identification card or foreign passport to be used for initiating the criminal records and fingerprint clearance checks. To the extent this bill would impose additional duties on county welfare departments, this bill would create a state-mandated local program. (2) Existing law sets forth the procedure for terminating the parental rights of a dependent child, including regular review hearings before a court may order a hearing to terminate parental rights. Under existing law, a court may continue these review hearings if it finds that there is a substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time or that reasonable services have not been provided to the parent or legal guardian. This bill would authorize a court to extend the review hearing periods following consideration of the parent's circumstances if a parent has been arrested and issued an immigration hold, detained by the United States Department of Homeland Security, or deported to his or her country of origin, and, under these circumstances would authorize a court to continue the case only if the court finds that there is a substantial probability, as defined, that the child will be returned to the physical custody of his or her parent and safely maintained in the home within the extended time period or that reasonable services have not been provided to the parent or guardian. (3) Existing law establishes the State Department of Social Services, which oversees the administration of county public social services, including child welfare services. This bill would require the State Department of Social Services to provide guidance on best practices and to facilitate an exchange of information and best practices among counties on an annual basis, beginning no later than January 1, 2014, on establishing memoranda of understanding with foreign consulates in juvenile court cases, including procedures for contacting a consulate, accessing a child's documentation, locating a detained parent, assisting in family reunification after a parent has been deported, aiding the safe transfer of a child to the parent's country of origin, and communicating with relevant departments and services in a parent's country of origin, and procedures to assist children in juvenile court cases who are eligible for special immigrant juvenile status and other specified visas. (4) The bill would change references in the above-described provisions from the United States Immigration and Customs Enforcement to the United States Department of Homeland Security, and would make other technical, nonsubstantive changes. (5) This bill would incorporate additional changes in Section 3040 of the Family Code proposed by SB 1476 that would become operative only if SB 1476 and this bill are both chaptered and become effective on or before January 1, 2013, and this bill is chaptered last. (6) This bill would incorporate additional changes in Section 361 of the Welfare and Institutions Code proposed by AB 1712 and AB 2060 that would become operative only if either or both of those bills are chaptered and become effective on or before January 1, 2013, and this bill is chaptered last. (7) This bill would incorporate additional changes in Section 361.2 of the Welfare and Institutions Code proposed by AB 2209 that would become operative only if AB 2209 and this bill are both chaptered and become effective on or before January 1, 2013, and this bill is chaptered last. (8) This bill would incorporate additional changes in Sections 361.5 and 16501.1 of the Welfare and Institutions Code proposed by AB 1712 and SB 1521 that would become operative only if either or both of these bills are chaptered and become effective on or before January 1, 2013, and this bill is chaptered last. (9) This bill would incorporate additional changes in Sections 366.21, 366.22, and 366.25 of the Welfare and Institutions Code proposed by AB 1712 and AB 2292 that would become operative only if either or both of these bills are chaptered and become effective on or before January 1, 2013, and this bill is chaptered last. (10) This bill would incorporate additional changes in Section 388 of the Welfare and Institutions Code proposed by AB 1712 that would become operative only if AB 1712 and this bill are both chaptered and become effective on or before January 1, 2013, and this bill is chaptered last. (11) 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.
Sponsored bills
Existing law regulates the wages, hours, and working conditions of any man, woman, and minor employed in any occupation, trade, or industry, whether compensation is measured by time, piece, or otherwise, except for individuals employed as outside salesmen and individuals participating in specified national service programs. Under existing law, the Industrial Welfare Commission within the Department of Industrial Relations is authorized to adopt rules, regulations, and orders to ensure that employers comply with those provisions of law. This bill would require the Department of Industrial Relations, by January 1, 2014, to adopt regulations governing the working conditions of domestic work employees, as defined.
Existing federal law authorizes any authorized immigration officer to issue an immigration detainer that serves to advise another law enforcement agency that the federal department seeks custody of an alien presently in the custody of that agency, for the purpose of arresting and removing the alien. Existing federal law provides that the detainer is a request that the agency advise the department, prior to release of the alien, in order for the department to arrange to assume custody, in situations when gaining immediate physical custody is either impracticable or impossible. This bill would prohibit a law enforcement official, as defined, from detaining an individual on the basis of a United States Immigration and Customs Enforcement hold after that individual becomes eligible for release from criminal custody, unless, at the time that the individual becomes eligible for release from criminal custody, certain conditions are met.
Existing law provides for the regulation of various professions and vocations by boards within the Department of Consumer Affairs and for the licensure or registration of individuals in that regard. Existing law authorizes any licensee whose license expired while he or she was on active duty as a member of the California National Guard or the United States Armed Forces to reinstate his or her license without examination or penalty if certain requirements are met. This bill would require the boards described above, with certain exceptions, to waive the renewal fees, continuing education requirements, and other renewal requirements as determined by the board, if any are applicable, of any licensee or registrant who is called to active duty as a member of the United States Armed Forces or the California National Guard if certain requirements are met. The bill would, except as specified, prohibit a licensee or registrant from engaging in any activities requiring a license while a waiver is in effect. The bill would require a licensee or registrant to meet certain renewal requirements within a specified time period after being discharged from active duty service prior to engaging in any activity requiring a license. The bill would require a licensee or registrant to notify the board of his or her discharge from active duty within a specified time period.
Existing law provides for the licensure and regulation of health facilities, including skilled nursing facilities, as defined, by the State Department of Public Health. Violation of these provisions is a crime. This bill, until January 1, 2020, would establish the Small House Skilled Nursing Facilities Pilot Program within the department for the purposes of providing skilled nursing care in a homelike, noninstitutional setting. The bill would require that pilot facilities, as defined, meet specified requirements and pay specified fees. The bill would require the department to submit a report to the Legislature on the results of the pilot program at least 24 months prior to the termination of the pilot program. By expanding the scope of a crime, this bill would impose a state-mandated local program. This bill would incorporate additional changes in Section 1250 of the Health and Safety Code, proposed by SB 135 to be operative only if SB 135, and this bill are both chaptered and become effective on or before January 1, 2013, 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.
Existing law, the Warren-Alquist State Energy Resources Conservation and Development Act establishes the State Energy Resources Conservation and Development Commission (Energy Commission) and requires the Energy Commission to provide $7,000,000 in grants to qualified counties, as defined, for the development or revision of rules and policies, including, but not limited to, general plan elements, zoning ordinances, and a natural community conservation plan as a plan participant, to facilitate the development of eligible renewable energy resources, and their associated electric transmission facilities, and the processing of permits for eligible renewable energy resources. For a county in the Desert Renewable Energy Conservation Plan planning area, existing law prohibits the commission from awarding a grant to such a county if it is not a "plan participant," as defined, in the Desert Renewable Energy Conservation Plan. This bill would authorize the commission to award a grant to such a county if the county enters into a specified memorandum of understanding with the commission in which the county agrees to participate in the development of the natural community conservation plan. The bill would additionally include the County of San Luis Obispo as a qualified county to receive the above grants. This bill would declare that it is to take effect immediately as an urgency statute.
The Warren-Alquist State Energy Resources Conservation and Development Act establishes the State Energy Resources Conservation and Development Commission (Energy Commission) and requires the Energy Commission to, among other things, serve as a central repository within the state government for the collection, storage, retrieval, and dissemination of data and information on all forms of energy supply, demand, conservation, public safety, research, and related subjects. Existing law requires the Energy Commission to prepare an integrated energy policy report every 2 years. This bill would require the Energy Commission, in consultation with the Public Utilities Commission and other stakeholders, to evaluate and recommend policies and implementation strategies to overcome barriers to the deployment and use of geothermal heat pump and geothermal ground loop technologies. The Energy Commission would be required to include those evaluations and recommendations in the integrated energy policy report that is required to be adopted for calendar year 2013.
Under existing law, the State Department of Public Health licenses and regulates health facilities, including skilled nursing facilities, intermediate care facilities, and congregate living health facilities. Under existing law, the department also licenses and regulates hospices and the provision of hospice services. Violation of these provisions is a crime. This bill would create a new health facility licensing category for, and would require the department to develop regulations governing licensure of, hospice facilities, as defined. It would impose various requirements on these facilities. This bill would exclude a freestanding building used, or designed to be used, as a congregate living health facility or as a hospice facility from the definition of a hospital building for purposes of the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983. Because this bill would create a new crime, it would impose a state-mandated local program. This bill would incorporate additional changes in Section 1250 of the Health and Safety Code, proposed by SB 1228 to be operative only if SB 1228 and this bill are both chaptered and become effective on or before January 1, 2013, and this bill is chaptered last. The bill would also incorporate additional changes in Section 1266 of the Health and Safety Code, proposed by AB 1710 to be operative only if AB 1710 and this bill are both chaptered and become effective on or before January 1, 2013, 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.
Existing law authorizes the Department of Fish and Game, with the approval of the Fish and Game Commission, to, among other things, maintain, use, and administer land suitable for the purpose of establishing ecological reserves. Existing law authorizes the Department of Fish and Game to construct facilities and conduct programs in ecological reserves to provide natural history education and recreation if those facilities and programs are compatible with the protection of the biological resources of the reserve. This bill, until January 1, 2018, would require the Mirage Trail within the Magnesia Spring Ecological Reserve to be open 9 months of the year to recreational hiking, if the commission determines that certain conditions relating to Peninsular bighorn sheep are met. The bill would require the commission to determine seasonal openings and closures of the trail that will not conflict with the use of the area by Peninsular bighorn sheep.
Existing law authorizes the Public Utilities Commission to regulate public utilities, including water corporations. Under existing law, a mobilehome park that provides water service only to its tenants from water supplies and facilities that it owns, not otherwise dedicated to public service, is not a water corporation, but that mobilehome park is subject to the jurisdiction of the commission to the extent that, if a tenant complains about the water rates charged or service provided by the mobilehome park, the commission is authorized to determine whether the rates charged are just and reasonable and whether the service provided is adequate. Existing law authorizes the commission to afford rate relief or to order the mobilehome park to improve its water supply, facilities, and services on those terms that it finds just and reasonable, or both. Under this bill, if a complaint is filed with the commission by tenants of the mobilehome park that represent 10% or more of the park's water service connections during any 12-month period, claiming that the water rates charged by the park are not just and reasonable or that the service is inadequate, the commission would have jurisdiction to determine the merits of the complaint and the bill would require the commission to determine whether the rates charged are just and reasonable and whether the water service provided is adequate. The bill would require, for any complaint filed after December 31, 2012, if the commission finds, after investigation, that the mobilehome park is charging water rates that are unjust or unreasonable, that the commission order the mobilehome park to reimburse the complainants and any other current and former tenants affected by the rate, if no discrimination will result from the reimbursement. The bill would require a mobilehome park to provide written notice to each of the mobilehome park's tenants to inform those tenants of their right to, and how to, file a complaint with the commission about the water rates charged or the service provided by the mobilehome park using a standard notification prepared by the commission. Because a violation of an order or decision of the commission is a crime, this bill would impose a state-mandated local program by creating a new crime. 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.