SB 233: Foster children: records.

(1)Existing law provides that parents of currently enrolled or former pupils have an absolute right to access any and all pupil records related to their children that are maintained by school districts or private schools. Existing law prohibits a school district from permitting access to pupil records to a person without written parental consent or under judicial order except as authorized by specified state and federal law. Existing law authorizes foster family agencies with jurisdiction over currently enrolled or former pupils to access records of grades and transcripts, and any individualized education plans developed pursuant to specified law maintained by school districts or private schools of those pupils.

This bill would add to the information that may be accessed records of attendance, discipline, and online communication on platforms established by schools for pupils and parents, and any plan adopted pursuant to specified federal law, as provided, and would require that these records be the current or most recent records for the pupil. The bill would additionally authorize a short-term residential treatment program staff responsible for the education or case management of a pupil and a caregiver who has direct responsibility for the care of the pupil, including a certified or licensed foster parent, an approved relative or nonrelated extended family member, or a resource family, as defined, to access this information, and would provide that a caregiver may access this information regardless of whether the caregiver has been appointed as the pupils educational rights holder pursuant to specified law. The bill would authorize a foster family agency, short-term residential treatment program, or caregiver to review and receive these pupil records for specified purposes. The bill would extend these provisions to include pupil records maintained by county offices of education, charter schools, and nonpublic schools, in addition to school districts and private schools. The bill would require a childs caregiver to be responsible for reviewing and receiving these pupil records for those same purposes. To the extent the bill would impose additional duties on school districts, county offices of education, and charter schools, it would impose a state-mandated local program.

The bill would require, if direct communication between a caregiver and an educational rights holder is appropriate, a caregiver who is not the pupils educational rights holder to notify the pupils educational rights holder, and, in specified instances, the pupils social worker, of any educational needs of the pupil that require the educational rights holders consent or participation. If direct communication between a caregiver and an educational rights holder is inappropriate, the bill would require the pupils social worker to direct the caregiver to communicate that information with the pupils social worker or attorney instead of the educational rights holder.

(2)Existing law establishes the jurisdiction of the juvenile court, which may adjudge children to be dependents 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 temporary and permanent placement of a dependent child. Existing law prescribes various hearings, including specified review hearings, and other procedures for these purposes. Whenever a court orders a hearing to terminate parental rights to, or to establish legal guardianship of, a dependent child to be held, existing law requires the court to direct the agency supervising the child and the county adoption agency, or the State Department of Social Services when it is acting as an adoption agency, to prepare an assessment and requires this assessment to include, among other things, a preliminary assessment of the eligibility and commitment of any identified prospective adoptive parent or legal guardian, as specified, and including an evaluation of the childs medical, developmental, scholastic, mental, and emotional status. Existing law further requires the status of every dependent child in foster care to be reviewed periodically as determined by the court but no less frequently than once every 6 months.

This bill would require the above evaluation and review to include providing a copy of the complete health and education summary, as specified. The bill would make conforming changes. By increasing the duties on county staff, the bill would impose a state-mandated local program.

Existing law requires, when a child is placed in foster care, the case plan to include a summary of the health and education information or records, including mental health information, of the child.

This bill would authorize the case plan to also include the name and contact information of the person or persons currently holding the right to make educational decisions for the child, except as specified, and would make other conforming changes.

Existing law makes various findings and declarations with regard to foster parents and caregivers, including that caregivers should have certain basic information, including among other things, a plan outlining the childs needs and services, including information on family and sibling visitation.

This bill would provide that a caregiver should also have access to a copy of the health and education summary, as specified, and would provide that a caregiver should have knowledge of the importance of the caregivers role in education, as specified.

Existing law requires the State Department of Social Services to implement the resource family approval process in all counties and with all foster family agencies. Existing law requires counties to be responsible for various implementing tasks, including, among other things, ensuring a resource family applicant completes a minimum of 12 hours of caregiver training, including training on permanence, well-being, and education needs of children.

This bill would require counties to ensure that the above training includes, among other things, training on the importance of the caregivers role in education, as specified. By increasing duties on county staff, the bill would impose a state-mandated local program.

(3)This bill would incorporate additional changes to Section 361 of the Welfare and Institutions Code proposed by AB 1332 to be operative only if this bill and AB 1332 are enacted and this bill is enacted last.

This bill would incorporate additional changes to Section 366.21 of the Welfare and Institutions Code proposed by AB 976 to be operative only if this bill and AB 976 are enacted and this bill is enacted last.

(4)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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.