04/18/1994 01:55 PM Senate JUD

  CHAIRMAN ROBIN TAYLOR  called the Judiciary Committee meeting to             
 order at 1:55 p.m.  He brought  SB 268  (COMMUNITY CARE FACILITIES)           
 before the committee as the first order of business.                          
                                                                               
 PAT O'BRIEN, Department of Health & Social Services, explained that           
 SB 268 is a follow-up to two other pieces of legislation heard by             
 the committee: the bill on assisted living and the bill for                   
 vulnerable adults.  The provisions for licensing adult facilities             
 were taken out of the existing licensing law, and rather than                 
 moving those provisions and leaving the remaining law that would              
 apply to children and family without change, it was decided to                
 update the entire law.                                                        
                                                                               
 Ms. O'Brien directed attention to a chart outlining the number of             
 facilities and the kinds of facilities the department will license.           
 She pointed out that most of the facilities licensed are child                
 foster homes; the second largest number of facilities licensed are            
 child care homes; the third largest number of facilities licensed             
 are child care centers; etc.  The chart also includes the adult               
 facilities.  The department licenses more than 1,900 facilities               
 with a capacity to serve 13,600 individuals, either children or               
 dependent adults.                                                             
                                                                               
 Ms. O'Brien spoke to the difficulties of the licensing procedures             
 that vary significantly for the different kinds of facilities.  SB
 compiles all of those various procedures that are currently in            
 regulations and puts them into statute, which will increase                   
 efficiency.                                                                   
                                                                               
 Ms. O'Brien noted that the department has a proposed amendment                
 which will revise a change that was made in the Senate Health,                
 Education & Social Services Committee.                                        
                                                                               
 Number 103                                                                    
                                                                               
 SENATOR LITTLE asked what the difference was between a child family           
 care home and a foster home.  MS. O'BRIEN explained that in a                 
 foster home, the child is there for 24 hours a day, and, usually,             
 that child is in state custody and placed there by the department.            
 In a family child care home, those children are there for day care.           
                                                                               
 Number 131                                                                    
                                                                               
 SENATOR LITTLE moved the following amendment to CSSB 268(HES):                
                                                                               
 Page 6:  Delete the text in lines 22 - 25, and insert new                     
 subsections to read:                                                          
                                                                               
  (2)  for one or more children of any age placed by a parent                  
 for a period of up to forty-five days;                                        
                                                                               
  (3)  for one or more children nine years of age or older                     
 placed by a parent for an extended period with either                         
   (A)  authorization for emergency medical care; or                           
   (B)  a consent to temporary custody;                                        
                                                                               
 Renumber the following subsections accordingly.                               
                                                                               
 Page 22:  Delete lines 9, 10, 11, 12 & 13                                     
                                                                               
 Page 22, line 8:  Insert after "24-hour care", "on a continuing               
 basis of 45 days or more to one or more children who are apart from           
 their parents";                                                               
                                                                               
 Ms. O'Brien explained that the amendment puts all of the exemptions           
 back in the exemptions sections to make it clear who is exempt and            
 who is not exempt.                                                            
                                                                               
 After further discussion and questions on the amendment and hearing           
 no objection to the amendment, SENATOR TAYLOR stated the amendment            
 was adopted and would be incorporated into a Judiciary CS.  He then           
 asked for the pleasure of the committee.                                      
                                                                               
 Number 200                                                                    
                                                                               
 SENATOR LITTLE moved that CSSB 268(JUD) be passed out of committee            
 with individual recommendations.  Hearing no objection, it was so             
 ordered.