AB 421 — Seriously emotionally disturbed children: out-of-home placement.
Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
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✓Introduced
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2In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2009-2010 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Existing law requires payments, issued by county welfare departments, for 24-hour out-of-home care to be provided on behalf of any seriously emotionally disturbed child who has been placed out of home pursuant to an individualized education program (IEP) developed under a specified provision of existing law. Existing law restricts payments for this purpose to children placed in privately operated residential facilities licensed in accordance with the California Community Care Facilities Act. This bill, until January 1, 2013, would authorize these payments to be made to an out-of-state privately owned residential facility that meets applicable licensing requirements, and that is organized and operated on a for-profit basis, if specified conditions are met. The bill would require the State Department of Mental Health, in collaboration with the California Mental Health Directors Association, to provide prescribed information to the Legislature regarding the out-of-home placement of seriously emotionally disturbed children. This bill would also deem reimbursable specified costs of care for a seriously emotionally disturbed child with an individualized education program developed on or before the date the bill is enacted, that would otherwise satisfy the requirements of the bill. By increasing available placement options for seriously emotionally disturbed children, this bill would require additional duties of county welfare departments, and would thus 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, 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. This bill would declare that it is to take effect immediately as an urgency statute.
Bill Text
- Amended 05/04/09 - Amended Assembly Current pdf May 04, 2009
- Amended 04/13/09 - Amended Assembly pdf April 13, 2009
- Introduced 02/23/09 - Introduced pdf February 23, 2009
- AB421 View text html
Action History
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From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
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Died pursuant to Art. IV, Sec. 10(c) of the Constitution.
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In committee: Set, second hearing. Held under submission.
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In committee: Set, first hearing. Referred to APPR. suspense file.
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Re-referred to Com. on APPR.
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Read second time and amended.
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From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 22).
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From committee: Do pass, and re-refer to Com. on ED. Re-referred. (Ayes 6. Noes 0.) (April 14).
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Re-referred to Com. on HUM. S.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on HUM. S. Read second time and amended.
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Referred to Coms. on HUM. S. and ED.
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From printer. May be heard in committee March 26.
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Read first time. To print.
Sponsors
- Beall · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Beall
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 1 | 0 | 0 | 0 |
| Unaffiliated | 8 | 0 | 0 | 2 |
| Total | 9 | 0 | 0 | 2 |
| % of votes cast | 82% | 0% | 0% | 18% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Garrick | — | Yea |
| Carter | — | Yea |
| Nestande | — | Yea |
| Solorio | — | Yea |
| Ammiano | — | Yea |
| Brownley | — | Yea |
| Buchanan | — | Not Voting |
| Miller | — | Yea |
| Torlakson | — | Not Voting |
| Eng | — | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 0 | 0 | 1 |
| Total | 7 | 0 | 0 | 1 |
| % of votes cast | 88% | 0% | 0% | 13% |
How each member voted (8)
| Member | Party | Vote |
|---|---|---|
| Tom | — | Yea |
| Berryhill | — | Yea |
| Portantino | — | Yea |
| Hall | — | Not Voting |
| Ammiano | — | Yea |
| Beall | — | Yea |
| Logue | — | Yea |
| Torres | — | Yea |
Subjects
Frequently asked questions
- What does AB 421 do?
- Existing law requires payments, issued by county welfare departments, for 24-hour out-of-home care to be provided on behalf of any seriously emotionally disturbed child who has been placed out of home pursuant to an individualized education program (IEP) developed under a specified provision of existing law. Existing law restricts payments for this purpose to children placed in privately operated residential facilities licensed in accordance with the California Community Care Facilities Act. This bill, until January 1, 2013, would authorize these payments to be made to an out-of-state privately owned residential facility that meets applicable licensing requirements, and that is organized and operated on a for-profit basis, if specified conditions are met. The bill would require the State Department of Mental Health, in collaboration with the California Mental Health Directors Association, to provide prescribed information to the Legislature regarding the out-of-home placement of seriously emotionally disturbed children. This bill would also deem reimbursable specified costs of care for a seriously emotionally disturbed child with an individualized education program developed on or before the date the bill is enacted, that would otherwise satisfy the requirements of the bill. By increasing available placement options for seriously emotionally disturbed children, this bill would require additional duties of county welfare departments, and would thus 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, 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. This bill would declare that it is to take effect immediately as an urgency statute.
- Who sponsors AB 421?
- AB 421 is sponsored by Beall.
- What is the current status of AB 421?
- This bill died with 2009-2010 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 421?
- Track AB 421 free on One Click Politics — get push/email alerts when it moves.
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