California 2017-2018 Regular Session Status: Enacted

AB 404 — Foster care.

Last action — Chaptered by Secretary of State - Chapter 732, Statutes of 2017.

  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 09, 2017. 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 3 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

Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent of the court under certain circumstances, including when the child suffered, or there is a substantial risk that the child will suffer, serious physical harm, or a parent fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law establishes the grounds for removal of a dependent child from the custody of his or her parents or guardian, and establishes procedures to determine placement of a dependent child. This bill would make various changes to these procedures relating to the placement of dependent children, including, among other things, by revising the preference to make a placement with specified relatives and, instead, to grant a preference for placement with any relative. Existing law provides for the implementation, by counties and foster family agencies, of the resource family approval process, which is a unified, family friendly, and child-centered approval process that replaces the multiple processes for licensing foster family homes, approving relatives and nonrelative extended family members as foster care providers, and approving adoptive families. This bill would make various changes to the resource family approval process by, among other things, authorizing a county or a foster family agency to approve a resource family to care for a specific child; implementing processes to place a resource family on inactive status, transfer approval as a resource family between foster family agencies and between a foster family agency and a county, and certify respite care providers; and prohibiting a resource family from being licensed to operate certain other residential facilities on the same premises as the residence of the resource family. The bill would also make changes to the hearings that are currently a part of the resource family approval process by, among other things, authorizing the testimony of a child witness or similarly vulnerable witness in a resource family hearing to be taken out of the presence of the respondent if certain circumstances are present, and imposing limits, in a resource family hearing in which a child or other minor is the victim in an allegation of inappropriate sexual conduct, on the discovery and admissibility of evidence of specific instances of sexual conduct with victims other than the alleged perpetrator. The bill would require certain hearings relating to resource families, foster homes, or certified family homes of a foster family home to be confidential and not open to the public, but would authorize an administrative law judge to admit persons deemed to have a direct and legitimate interest in the particular case or the work of the court on a case-by-case basis. The bill would require the department to develop an intensive services foster care program to serve children with specific needs, including intensive treatment and behavioral needs and specialized health care needs, whose needs for safety, permanency, and well-being require specially trained resource parents and intensive professional and paraprofessional services and supports in order to remain in a home-based setting or to avoid or exit congregate care in a short-term residential therapeutic program, group home, or out-of-state residential center. Existing law, the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, requires foster care providers to be paid a per child per month rate, established by the State Department of Social Services, for the care and supervision of the child placed with the provider. This bill would prohibit foster care payments from being considered as income of the foster parent or child for purposes of determining eligibility and benefits for specified state or federal programs unless required by federal law as a condition of the receipt of federal financial participation. Existing law, the California Community Care Facilities Act, provides for the licensure of short-term residential therapeutic programs and foster family agencies. Existing law requires the department to establish rates for short-term residential therapeutic programs and foster family agencies that include an interim rate that is effective January 1, 2017, to December 31, 2017, and that becomes inoperative on January 1, 2018. This bill would instead make that interim rate effective January 1, 2017, to December 31, 2018, and make it inoperative on January 1, 2019. The bill would also require the department to develop, implement, and maintain a ratesetting methodology and rates schedule for specified transitional housing placement providers and, retroactive to January 1, 2017, to align the rate for county wraparound services with the rate paid to short-term residential therapeutic programs. The bill would require the department to develop performance standards and outcome measures for determining the effectiveness of the care and supervision provided to children placed in out-of-home family-based care placements. This bill would make various other related and conforming changes. By imposing additional duties on counties and by expanding the duties of foster family agencies for which the failure to comply is a crime, this bill would impose a state-mandated local program. The bill would require the State Department of Social Services and the State Department of Health Care Services to adopt regulations necessary to implement these provisions, Chapter 612 of the Statutes of 2016, and Chapter 773 of the Statutes of 2015, and would authorize those departments to implement and administer the changes made by this bill through all-county letters or similar written instructions until regulations are adopted. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. This bill would incorporate additional changes proposed by AB 501, AB 811, AB 1006, SB 12, SB 612, SB 625, and SB 811 to be operative only if this bill and those bills are enacted and this bill is enacted 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 specified reasons.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 732, Statutes of 2017.

  2. Approved by the Governor.

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

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 3496.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2850.).

  7. Read second time. Ordered to third reading.

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

  9. Read second time. Ordered to third reading.

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

  11. From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (September 1).

  12. In committee: Referred to APPR. suspense file.

  13. Read second time and amended. Re-referred to Com. on APPR.

  14. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (July 11).

  15. Read second time and amended. Re-referred to Com. on JUD.

  16. From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 5. Noes 0.) (June 27).

  17. 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.

  18. Referred to Coms. on HUMAN S. and JUD.

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

  20. Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1856.)

  21. Read second time. Ordered to Consent Calendar.

  22. From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (May 24).

  23. Re-referred to Com. on APPR.

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

  25. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (April 27). Re-referred to Com. on APPR.

  26. From committee: Do pass and re-refer to Com. on JUD. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 25). Re-referred to Com. on JUD.

  27. (pending re-refer to Com. on JUD.)

  28. Assembly Rule 56 suspended. (Page 1117.)

  29. Re-referred to Com. on HUM. S.

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

  31. Re-referred to Com. on HUM. S.

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

  33. Referred to Coms. on HUM. S. and JUD.

  34. From printer. May be heard in committee March 12.

  35. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

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 404 STONE Concurrence in Senate Amendments

Passed 77 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 56002
Democratic 15000
Republican 6000
Total 77002
% of votes cast 97%0%0%3%
How each member voted (79)
Member Party Vote
Acosta — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Kiley — Yea
Low — Yea
Maienschein — Yea
Mathis — Yea
O'Donnell — Yea
Quirk — Yea
Santiago — Yea
Voepel — Yea
Weber — Yea
Chau — Yea
Eggman — Yea
Gonzalez Fletcher — Yea
Burke — Yea
Fong — Yea
Salas — Yea
Frazier — Yea
Friedman — Yea
Gloria — Yea
Harper — Yea
Bocanegra — Yea
Holden — Yea
Jones-Sawyer — Yea
Rubio — Yea
Levine — Yea
McCarty — Yea
Medina — Yea
Melendez — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Cooper — Yea
Mullin — Yea
Nazarian — Yea
Obernolte — Yea
Rendon — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Steinorth — Yea
Thurmond — Yea
Ting — Yea
Waldron — Yea
Wood — Yea
Gray — Not Voting
Mayes — Not Voting
Cunningham — Yea
Dababneh — Yea
Daly — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB404 Mark Stone By Wiener

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 35000
Democratic 5000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Bradford — Yea
Hill — Yea
Lara — Yea
Monning — Yea
Nielsen — Yea
Vidak — Yea
Fuller — Yea
Cannella — Yea
Portantino — Yea
Mitchell — Yea
De León — Yea
Allen — Yea
Atkins — Yea
Dodd — Yea
Anderson — Yea
Bates — Yea
Glazer — Yea
Hernandez — Yea
Hertzberg — Yea
Hueso — Yea
Beall — Yea
Leyva — Yea
Mendoza — Yea
Moorlach — Yea
Morrell — Yea
Newman — Yea
Pan — Yea
Roth — Yea
Skinner — Yea
Wieckowski — Yea
Wilk — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass as amended

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Bradford — Yea
Hill — Yea
Lara — Yea
Nielsen — Yea
Beall — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Subjects

public-safety housing labor health-insurance
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 404 do?
Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent of the court under certain circumstances, including when the child suffered, or there is a substantial risk that the child will suffer, serious physical harm, or a parent fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law establishes the grounds for removal of a dependent child from the custody of his or her parents or guardian, and establishes procedures to determine placement of a dependent child. This bill would make various changes to these procedures relating to the placement of dependent children, including, among other things, by revising the preference to make a placement with specified relatives and, instead, to grant a preference for placement with any relative. Existing law provides for the implementation, by counties and foster family agencies, of the resource family approval process, which is a unified, family friendly, and child-centered approval process that replaces the multiple processes for licensing foster family homes, approving relatives and nonrelative extended family members as foster care providers, and approving adoptive families. This bill would make various changes to the resource family approval process by, among other things, authorizing a county or a foster family agency to approve a resource family to care for a specific child; implementing processes to place a resource family on inactive status, transfer approval as a resource family between foster family agencies and between a foster family agency and a county, and certify respite care providers; and prohibiting a resource family from being licensed to operate certain other residential facilities on the same premises as the residence of the resource family. The bill would also make changes to the hearings that are currently a part of the resource family approval process by, among other things, authorizing the testimony of a child witness or similarly vulnerable witness in a resource family hearing to be taken out of the presence of the respondent if certain circumstances are present, and imposing limits, in a resource family hearing in which a child or other minor is the victim in an allegation of inappropriate sexual conduct, on the discovery and admissibility of evidence of specific instances of sexual conduct with victims other than the alleged perpetrator. The bill would require certain hearings relating to resource families, foster homes, or certified family homes of a foster family home to be confidential and not open to the public, but would authorize an administrative law judge to admit persons deemed to have a direct and legitimate interest in the particular case or the work of the court on a case-by-case basis. The bill would require the department to develop an intensive services foster care program to serve children with specific needs, including intensive treatment and behavioral needs and specialized health care needs, whose needs for safety, permanency, and well-being require specially trained resource parents and intensive professional and paraprofessional services and supports in order to remain in a home-based setting or to avoid or exit congregate care in a short-term residential therapeutic program, group home, or out-of-state residential center. Existing law, the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, requires foster care providers to be paid a per child per month rate, established by the State Department of Social Services, for the care and supervision of the child placed with the provider. This bill would prohibit foster care payments from being considered as income of the foster parent or child for purposes of determining eligibility and benefits for specified state or federal programs unless required by federal law as a condition of the receipt of federal financial participation. Existing law, the California Community Care Facilities Act, provides for the licensure of short-term residential therapeutic programs and foster family agencies. Existing law requires the department to establish rates for short-term residential therapeutic programs and foster family agencies that include an interim rate that is effective January 1, 2017, to December 31, 2017, and that becomes inoperative on January 1, 2018. This bill would instead make that interim rate effective January 1, 2017, to December 31, 2018, and make it inoperative on January 1, 2019. The bill would also require the department to develop, implement, and maintain a ratesetting methodology and rates schedule for specified transitional housing placement providers and, retroactive to January 1, 2017, to align the rate for county wraparound services with the rate paid to short-term residential therapeutic programs. The bill would require the department to develop performance standards and outcome measures for determining the effectiveness of the care and supervision provided to children placed in out-of-home family-based care placements. This bill would make various other related and conforming changes. By imposing additional duties on counties and by expanding the duties of foster family agencies for which the failure to comply is a crime, this bill would impose a state-mandated local program. The bill would require the State Department of Social Services and the State Department of Health Care Services to adopt regulations necessary to implement these provisions, Chapter 612 of the Statutes of 2016, and Chapter 773 of the Statutes of 2015, and would authorize those departments to implement and administer the changes made by this bill through all-county letters or similar written instructions until regulations are adopted. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. This bill would incorporate additional changes proposed by AB 501, AB 811, AB 1006, SB 12, SB 612, SB 625, and SB 811 to be operative only if this bill and those bills are enacted and this bill is enacted 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 specified reasons.
Who sponsors AB 404?
AB 404 is sponsored by Mark Stone.
What is the current status of AB 404?
This bill has been enacted into law. Introduced February 09, 2017. Enacted.
Where can I track AB 404?
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