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AB-1324 Health facilities: pandemics and emergencies: best practices.(2019-2020)

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Date Published: 05/28/2020 09:00 PM
AB1324:v97#DOCUMENT

Amended  IN  Senate  May 28, 2020
Amended  IN  Assembly  April 24, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1324


Introduced by Assembly Member Levine

February 22, 2019


An act to amend Sections 13300, 13301, and 16010.6 of the Welfare and Institutions Code, relating to foster children. add Section 1257.3 to the Health and Safety Code, relating to health facilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 1324, as amended, Levine. Foster children: immigration counsel. Health facilities: pandemics and emergencies: best practices.
Existing law generally requires the State Department of Public Health to license, inspect, and regulate health facilities, including skilled nursing facilities, intermediate care facilities, and congregate living health facilities, all of which provide skilled nursing and supportive care.
This bill would require, by January 1, 2025, the State Department of Public Health and the State Department of Social Services to collaborate to create health and safety guidelines and a description of best practices for use by skilled nursing facilities, intermediate care facilities, and congregate living health facilities that are providing post-acute care during a pandemic, public health crisis, or other emergency.

Existing law requires the State Department of Social Services, subject to the availability of funding, to contract with qualified nonprofit legal services organizations to provide legal services to unaccompanied, undocumented minors, as defined, who are transferred to the care and custody of the federal Office of Refugee Resettlement and who are present in this state.

This bill would additionally require the department, subject to the availability of funding, to contract with nonprofit legal services organizations to provide legal services to undocumented immigrants who are dependent children or nonminor dependents of the juvenile court or who are the subject of an order for out-of-home placement through the juvenile court and would specify the required qualifications for those nonprofit legal services organizations.

Existing law requires, as soon as a placing agency makes a decision with respect to a placement or a change in placement of a dependent child, but not later than the close of the following business day, the placing agency to notify the child’s attorney and provide to the child’s attorney information regarding the child’s address, telephone number, and caregiver.

This bill would require, when a placing agency becomes aware that a dependent child or nonminor dependent is an undocumented immigrant, the placing agency to notify the dependent child’s or nonminor dependent’s attorney of that fact. The bill would require electronic or telephonic notice to be provided to the attorney within 72 hours of learning of the minor or nonminor dependent’s immigration status. By imposing additional duties on county agencies, this bill would 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 no reimbursement is required by this act for a specified reason.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1257.3 is added to the Health and Safety Code, to read:

1257.3.
 (a) By January 1, 2025, the State Department of Public Health and the State Department of Social Services shall collaborate to create health and safety guidelines and a description of best practices for use by skilled nursing facilities, intermediate care facilities, and congregate living health facilities that are providing post-acute care during a pandemic, public health crisis, or other emergency. The guidelines and best practices shall address, at a minimum, the provision of care when there is a surge in the number of patients requiring care.