California 2013-2014 Regular Session Status: Enacted

AB 388 — Juveniles.

Last action — Chaptered by Secretary of State - Chapter 760, Statutes of 2014.

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 15, 2013. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 9 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) The California Community Care Facilities Act provides for the licensure and regulation of community care facilities, including foster family homes and group homes, by the State Department of Social Services. Existing law requires the department director, at least annually, to publish and make available to interested persons a list covering all licensed community care facilities, except as specified, and the services for which each facility has been licensed or issued a special permit. This bill would require that the list for a group home, transitional housing placement provider, community treatment facility, or runaway and homeless youth shelter include specified information, including the number of licensing complaints and the number, types, and outcomes of law enforcement contacts made by the facility staff or children. This bill would require a group home, transitional housing placement provider, community treatment facility, or runaway and homeless youth shelter to report to the department's Community Care Licensing Division upon the occurrence of any incident concerning a child in the facility involving contact with law enforcement. The bill would require the department to inspect a facility at least once a year if the department determines that a facility has reported a greater than average number of law enforcement contacts involving an alleged violation of specified crimes by a child residing in the facility. (2) Existing law requires the county probation department and the child welfare services department to, pursuant to a jointly developed written protocol, initially determine which status will serve the best interest of a minor and the protection of society when the minor appears to come within the description of a dependent of the court and a ward of the court pursuant to specified provisions. Existing law requires the juvenile court to determine which status is appropriate for the minor after the recommendations of both departments are presented to the court. This bill would authorize, if the alleged conduct that appears to bring the dependent minor within the description of a ward of the court occurs in, or under the supervision of, a foster home, group home, or other licensed facility that provides residential care for minors, the county probation department and the child welfare services department to consider, in making their determination and recommendation to the court, whether the alleged conduct was within the scope of behaviors to be managed or treated by the facility, as specified. The bill would also authorize, among other things, a requirement for immediate notification of the child welfare service department and the minor's dependency attorney upon referral of a dependent minor to probation, to be included in the protocols developed by the county probation department and the child welfare services department. (3) Existing law requires the court to determine whether a minor in custody pursuant to specified provisions shall be released from, or detained in, custody, considering, among other things, whether it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that he or she be detained and whether continuance in the home is contrary to the minor's welfare. This bill would require that the court's decision to detain, if a minor is a dependent of the court, not be based on the minor's status as a dependent of the court or the child welfare services department's inability to provide a placement for the minor. The bill would require, in certain circumstances, the court to order the child welfare services department to place the minor in another licensed or approved placement. By imposing additional duties on local officials, the bill would create a state-mandated local program. (4) Existing law requires the department, in consultation with specified entities to develop performance standards and outcome measures for determining the effectiveness of the care and supervision provided by group homes under the Aid to Families with Dependent Children-Foster Care program. This bill would require, by January 1, 2016, the department, in consultation with specified entities and persons, to develop additional performance standards and outcome measures that require group homes to implement programs and services to minimize law enforcement contacts and delinquency petition filings arising in group homes, as specified. 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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 760, Statutes of 2014.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 2. Page 6396.).

  5. From committee: That the Senate amendments be concurred in. (Ayes 5. Noes 0.) (August 22).

  6. Joint Rule 62(a), file notice suspended. (Page 6233.)

  7. Re-referred to Com. on HUM. S. pursuant to Assembly Rule 77.2.

  8. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 21 pursuant to Assembly Rule 77.

  9. Read third time. Passed. Ordered to the Assembly. (Ayes 34. Noes 0. Page 4613.).

  10. Read second time and amended. Ordered to third reading.

  11. From committee: Do pass as amended. (Ayes 5. Noes 0.) (August 14).

  12. In committee: Placed on APPR. suspense file.

  13. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 24). Re-referred to Com. on APPR.

  14. From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 4. Noes 0.) (June 10). Re-referred to Com. on PUB. S.

  15. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HUMAN S.

  16. Re-referred to Coms. on HUMAN S. and PUB. S.

  17. Re-referred to Com. on RLS.

  18. Withdrawn from committee.

  19. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED.

  20. In committee: Set, second hearing. Hearing canceled at the request of author.

  21. In committee: Set, first hearing. Hearing canceled at the request of author.

  22. Referred to Com. on ED.

  23. In Senate. Read first time. To Com. on RLS. for assignment.

  24. Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 1. Page 1262.)

  25. Read second time. Ordered to third reading.

  26. Read second time and amended. Ordered to second reading.

  27. From committee: Do pass as amended. (Ayes 13. Noes 0.) (April 23).

  28. Re-referred to Com. on HIGHER ED.

  29. From committee chair, with author's amendments: Amend, and re-refer to Com. on HIGHER ED. Read second time and amended.

  30. Referred to Com. on HIGHER ED.

  31. From printer. May be heard in committee March 21.

  32. Read first time. To print.

Sponsors

  • Chesbro · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 1 voted No

Sponsors (1)

  • Chesbro

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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 388 CHESBRO Concurrence in Senate Amendments

Passed 76 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 70101
Democratic 4000
Republican 2100
Total 76201
% of votes cast 96%3%0%1%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Yea
Jones-Sawyer — Yea
Logue — Yea
Pan — Yea
Rodriguez — Yea
Weber — Yea
Williams — Yea
Daly — Yea
Gomez — Yea
Gordon — Yea
Hagman — Yea
Hall — Yea
Allen — Yea
Lowenthal — Yea
Holden — Yea
Garcia — Yea
Gray — Yea
Atkins — Yea
Linder — Yea
Fong — Yea
Bonilla — Yea
Medina — Yea
Melendez — Yea
Ammiano — Yea
Bigelow — Yea
Dababneh — Yea
Eggman — Yea
Nazarian — Yea
Olsen — Yea
Quirk — Yea
Ridley-Thomas — Yea
Skinner — Yea
Waldron — Yea
Wilk — Yea
Gatto — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Campos — Yea
Levine — Yea
Maienschein — Yea
Mansoor — Not Voting
Mullin — Yea
Nestande — Yea
Perea — Yea
Chau — Yea
Chesbro — Yea
Chávez — Yea
Conway — Yea
Cooley — Yea
Donnelly — Nay
Rendon — Yea
Ting — Yea
Wagner — Yea
Wieckowski — Yea
Dickinson — Yea
Fox — Yea
Frazier — Yea
Yamada — Yea
Gorell — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB388 Chesbro By Mitchell

Passed 34 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 32005
Democratic 2001
Total 34006
% of votes cast 85%0%0%15%
How each member voted (40)
Member Party Vote
Anderson — Yea
Beall — Yea
Huff — Yea
Lara — Yea
Leno — Yea
Pavley — Yea
Torres — Yea
Wright — Not Voting
Wyland — Yea
Cannella — Yea
Mitchell — Yea
Fuller — Yea
Hancock — Not Voting
De León — Not Voting
Hernandez — Yea
Block — Yea
Hill — Yea
Hueso — Yea
Knight — Yea
Lieu — Yea
Liu — Yea
Monning — Yea
Morrell — Yea
Nielsen — Yea
Roth — Yea
Steinberg — Yea
Vidak — Yea
Walters — Not Voting
Wolk — Yea
Corbett — Yea
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Galgiani — Yea
Yee — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass as amended.

Passed 5 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 4002
Total 5002
% of votes cast 71%0%0%29%
How each member voted (7)
Member Party Vote
Steinberg — Yea
De León — Yea
Hill — Yea
Lara — Yea
Walters — Not Voting
Beth Gaines — Not Voting
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 388 CHESBRO Assembly Third Reading

Passed 76 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 65102
Democratic 7000
Republican 4000
Total 76102
% of votes cast 96%1%0%3%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Blumenfield — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Holden — Not Voting
Logue — Yea
Mansoor — Yea
Pan — Yea
Perea — Yea
Quirk — Yea
Rendon — Yea
Skinner — Yea
Wagner — Yea
Weber — Yea
Conway — Yea
Gatto — Yea
Gomez — Yea
Gordon — Yea
Gorell — Yea
Hagman — Yea
Harkey — Yea
Linder — Yea
Medina — Yea
Stone — Yea
Lowenthal — Yea
Melendez — Yea
Gray — Yea
Atkins — Yea
Mitchell — Yea
Bonilla — Yea
Nazarian — Yea
Ammiano — Yea
Bigelow — Yea
Daly — Yea
Eggman — Yea
Olsen — Yea
Torres — Yea
Waldron — Yea
Wilk — Yea
Hall — Not Voting
Bocanegra — Yea
John A. Pérez — Yea
Jones-Sawyer — Yea
Salas — Yea
Levine — Yea
Maienschein — Yea
Morrell — Yea
Mullin — Yea
Nestande — Yea
Campos — Yea
Ting — Yea
Chau — Yea
Chesbro — Yea
Chávez — Yea
Cooley — Yea
Dickinson — Yea
Wieckowski — Yea
Williams — Yea
Donnelly — Nay
Fox — Yea
Frazier — Yea
Yamada — Yea
Beth Gaines — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass as amended.

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 2000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Bloom — Yea
Jones-Sawyer — Yea
Linder — Yea
Williams — Yea
Fox — Yea
Levine — Yea
Chávez — Yea
Medina — Yea
Olsen — Yea
Weber — Yea
Wilk — Yea
Fong, Mike Democratic Yea
Quirk-Silva, Sharon Democratic Yea

Official roll call →

Subjects

public-safety housing labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 388 do?
(1) The California Community Care Facilities Act provides for the licensure and regulation of community care facilities, including foster family homes and group homes, by the State Department of Social Services. Existing law requires the department director, at least annually, to publish and make available to interested persons a list covering all licensed community care facilities, except as specified, and the services for which each facility has been licensed or issued a special permit. This bill would require that the list for a group home, transitional housing placement provider, community treatment facility, or runaway and homeless youth shelter include specified information, including the number of licensing complaints and the number, types, and outcomes of law enforcement contacts made by the facility staff or children. This bill would require a group home, transitional housing placement provider, community treatment facility, or runaway and homeless youth shelter to report to the department's Community Care Licensing Division upon the occurrence of any incident concerning a child in the facility involving contact with law enforcement. The bill would require the department to inspect a facility at least once a year if the department determines that a facility has reported a greater than average number of law enforcement contacts involving an alleged violation of specified crimes by a child residing in the facility. (2) Existing law requires the county probation department and the child welfare services department to, pursuant to a jointly developed written protocol, initially determine which status will serve the best interest of a minor and the protection of society when the minor appears to come within the description of a dependent of the court and a ward of the court pursuant to specified provisions. Existing law requires the juvenile court to determine which status is appropriate for the minor after the recommendations of both departments are presented to the court. This bill would authorize, if the alleged conduct that appears to bring the dependent minor within the description of a ward of the court occurs in, or under the supervision of, a foster home, group home, or other licensed facility that provides residential care for minors, the county probation department and the child welfare services department to consider, in making their determination and recommendation to the court, whether the alleged conduct was within the scope of behaviors to be managed or treated by the facility, as specified. The bill would also authorize, among other things, a requirement for immediate notification of the child welfare service department and the minor's dependency attorney upon referral of a dependent minor to probation, to be included in the protocols developed by the county probation department and the child welfare services department. (3) Existing law requires the court to determine whether a minor in custody pursuant to specified provisions shall be released from, or detained in, custody, considering, among other things, whether it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that he or she be detained and whether continuance in the home is contrary to the minor's welfare. This bill would require that the court's decision to detain, if a minor is a dependent of the court, not be based on the minor's status as a dependent of the court or the child welfare services department's inability to provide a placement for the minor. The bill would require, in certain circumstances, the court to order the child welfare services department to place the minor in another licensed or approved placement. By imposing additional duties on local officials, the bill would create a state-mandated local program. (4) Existing law requires the department, in consultation with specified entities to develop performance standards and outcome measures for determining the effectiveness of the care and supervision provided by group homes under the Aid to Families with Dependent Children-Foster Care program. This bill would require, by January 1, 2016, the department, in consultation with specified entities and persons, to develop additional performance standards and outcome measures that require group homes to implement programs and services to minimize law enforcement contacts and delinquency petition filings arising in group homes, as specified. 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.
Who sponsors AB 388?
AB 388 is sponsored by Chesbro.
What is the current status of AB 388?
This bill has been enacted into law. Introduced February 15, 2013. Enacted.
Where can I track AB 388?
Track AB 388 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 388

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 388

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →