AB 1506: Foster youth.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-07-14
Current Status:
Failed
(2023-09-11: Consideration of Governor's veto stricken from file.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
This bill gives foster children and nonminor dependents (young people over 18 still in care) the right to return to their school in a trauma‑informed way to collect their belongings when a move or placement change requires them to change schools. It says that, when possible, that return should happen during school hours so they can reconnect with teachers and classmates.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law generally provides for the placement of foster youth in various placement settings and governs the provision of child welfare services, which is defined to mean public social services that are directed toward the accomplishment of specified purposes, including protecting and promoting the welfare of all children, preventing the unnecessary separation of children from their families, and restoring to their families children who have been removed.
Existing law grants specified rights to all minors and nonminors in foster care, including, among others, the right to receive medical, dental, vision, and mental health services, the right to be informed of these rights in an age and developmentally appropriate manner, and the right to receive a copy of these rights at specified intervals.
This bill would expand these rights to include the opportunity for a child to return to their school to collect their belongings when a move or change in placement requires the child to change schools.
Existing law generally provides for the placement of foster youth in various placement settings and governs the provision of child welfare services, which is defined to mean public social services that are directed toward the accomplishment of specified purposes, including protecting and promoting the welfare of all children, preventing the unnecessary separation of children from their families, and restoring to their families children who have been removed.
Existing law grants specified rights to all minors and nonminors in foster care, including, among others, the right to receive medical, dental, vision, and mental health services, the right to be informed of these rights in an age and developmentally appropriate manner, and the right to receive a copy of these rights at specified intervals.
This bill would expand these rights to include the opportunity for a child to return to their school to collect their belongings and get closure when a move or change in placement requires the child to change schools.
Existing law generally provides for the placement of foster youth in various placement settings and governs the provision of child welfare services, which is defined to mean public social services that are directed toward the accomplishment of specified purposes, including protecting and promoting the welfare of all children, preventing the unnecessary separation of children from their families, and restoring to their families children who have been removed.
Existing law grants specified rights to all minors and nonminors in foster care, including, among others, the right to receive medical, dental, vision, and mental health services, the right to be informed of these rights in an age and developmentally appropriate manner, and the right to receive a copy of these rights at specified intervals.
This bill would expand these rights to include the opportunity for a child to return to their school to collect their belongings and get closure when a move or change in placement requires the child to change schools.
Existing law generally provides for the placement of foster youth in various placement settings and governs the provision of child welfare services, which is defined to mean public social services that are directed toward the accomplishment of specified purposes, including protecting and promoting the welfare of all children, preventing the unnecessary separation of children from their families, and restoring to their families children who have been removed.
Existing law grants specified rights to all minors and nonminors in foster care, including, among others, the right to receive medical, dental, vision, and mental health services, the right to be informed of these rights in an age and developmentally appropriate manner, and the right to receive a copy of these rights at specified intervals.
This bill would expand these rights to include the opportunity for a child to return to their school to collect their belongings and get closure when a move or change in placement requires the child to change schools.
Existing law permits a peace officer to take a minor into temporary custody without a warrant, as specified. Existing law allows a peace officer to, among other options, take the minor without unnecessary delay before a probation officer, as specified. Existing law requires the probation officer to immediately advise the minor of their constitutional rights, as specified. This bill would make technical, nonsubstantive changes to the latter provision.Existing law permits a peace officer to take a minor into temporary custody without a warrant, as specified. Existing law allows a peace officer to, among other options, take the minor without unnecessary delay before a probation officer, as specified. Existing law requires the probation officer to immediately advise the minor of their constitutional rights, as specified.
This bill would make technical, nonsubstantive changes to the latter provision.
(a)All children placed in foster care, either voluntarily or after being adjudged a ward or dependent of the juvenile court pursuant to Section 300, 601, or 602, shall have the rights specified in this section. These rights also apply to nonminor dependents in foster care, except when they conflict with nonminor dependents retention of all their legal decisionmaking authority as an adult. The rights are as follows:
(1)To live in a safe, healthy, and comfortable home where they are treated with respect. If the child is an Indian child, to live in a home that upholds the prevailing social and cultural standards of the childs Indian community, including, but not limited to, family, social, and political ties.
(2)To be free from physical, sexual, emotional, or other abuse, corporal punishment, and exploitation.
(3)To receive adequate and healthy food, adequate clothing, grooming and hygiene products, and an age-appropriate allowance. Clothing and grooming and hygiene products shall respect the childs culture, ethnicity, and gender identity and expression.
(4)To be placed in the least restrictive setting possible, regardless of age, physical health, mental health, sexual orientation, and gender identity and expression, juvenile court record, or status as a pregnant or parenting youth, unless a court orders otherwise.
(5)To be placed with a relative or nonrelative extended family member if an appropriate and willing individual is available.
(6)To not be locked in any portion of their foster care placement, unless placed in a community treatment facility.
(7)To have a placement that utilizes trauma-informed and evidence-based deescalation and intervention techniques, to have law enforcement intervention requested only when there is an imminent threat to the life or safety of a child or another person or as a last resort after other diversion and deescalation techniques have been utilized, and to not have law enforcement intervention used as a threat or in retaliation against the child.
(8)To not be detained in a juvenile detention facility based on their status as a dependent of the juvenile court or the child welfare services departments inability to provide a foster care placement. If they are detained, to have all the rights afforded under the United States Constitution, the California Constitution, and all applicable state and federal laws.
(9)To have storage space for private use.
(10)To be free from unreasonable searches of personal belongings.
(11)To be provided the names and contact information for social workers, probation officers, attorneys, service providers, foster youth advocates and supporters, Court Appointed Special Advocates (CASAs), and education rights holder if other than the parent or parents, and when applicable, representatives designated by the childs Indian tribe to participate in the juvenile court proceeding, and to communicate with these individuals privately.
(12)To visit and contact siblings, family members, and relatives privately, unless prohibited by court order, and to ask the court for visitation with the childs siblings.
(13)To make, send, and receive confidential telephone calls and other electronic communications, and to send and receive unopened mail, unless prohibited by court order.
(14)To have social contacts with people outside of the foster care system, including, but not limited to, teachers, coaches, religious or spiritual community members, mentors, and friends. If the child is an Indian child, to have the right to have contact with tribal members and members of their Indian community consistent with the prevailing social and cultural conditions and way of life of the Indian childs tribe.
(15)To attend religious services, activities, and ceremonies of the childs choice, including, but not limited to, engaging in traditional Native American religious practices.
(16)To participate in extracurricular, cultural, racial, ethnic, personal enrichment, and social activities, including, but not limited to, access to computer technology and the internet, consistent with the childs age, maturity, developmental level, sexual orientation, and gender identity and expression.
(17)To have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity and expression, mental or physical disability, or HIV status.
(18)To have caregivers, child welfare and probation personnel, and legal counsel who have received instruction on cultural competency and sensitivity relating to sexual orientation, gender identity and expression, and best practices for providing adequate care to lesbian, gay, bisexual, and transgender children in out-of-home care.
(19)To be placed in out-of-home care according to their gender identity, regardless of the gender or sex listed in their court, child welfare, medical, or vital records, to be referred to by the childs preferred name and gender pronoun, and to maintain privacy regarding sexual orientation and gender identity and expression, unless the child permits the information to be disclosed, or disclosure is required to protect their health and safety, or disclosure is compelled by law or a court order.
(20)To have child welfare and probation personnel and legal counsel who have received instruction on the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.) and on cultural competency and sensitivity relating to, and best practices for, providing adequate care to Indian children in out-of-home care.
(21)To have recognition of the childs political affiliation with an Indian tribe or Alaskan village, including a determination of the childs membership or citizenship in an Indian tribe or Alaskan village; to receive assistance in becoming a member of an Indian tribe or Alaskan village in which the child is eligible for membership or citizenship; to receive all benefits and privileges that flow from membership or citizenship in an Indian tribe or Alaskan village; and to be free from discrimination based on the childs political affiliation with an Indian tribe or Alaskan village.
(22)(A)To access and receive medical, dental, vision, mental health, and substance use disorder services, and reproductive and sexual health care, with reasonable promptness that meets the needs of the child, to have diagnoses and services explained in an understandable manner, and to participate in decisions regarding health care treatment and services. This right includes covered gender affirming health care and gender affirming mental health care, and is subject to existing laws governing consent to health care for minors and nonminors and does not limit, add, or otherwise affect applicable laws governing consent to health care.
(B)To view and receive a copy of their medical records to the extent they have the right to consent to the treatment provided in the medical record and at no cost to the child until they are 26 years of age.
(23)Except in an emergency, to be free of the administration of medication or chemical substances, and to be free of all psychotropic medications unless prescribed by a physician, and in the case of children, authorized by a judge, without consequences or retaliation. The child has the right to consult with and be represented by counsel in opposing a request for the administration of psychotropic medication and to provide input to the court about the request to authorize medication. The child also has the right to report to the court the positive and adverse effects of the medication and to request that the court reconsider, revoke, or modify the authorization at any time.
(24)(A)To have access to age-appropriate, medically accurate information about reproductive health care, the prevention of unplanned pregnancy, and the prevention and treatment of sexually transmitted infections.
(B)At any age, to consent to or decline services regarding contraception, pregnancy care, and perinatal care, including, but not limited to, abortion services and health care services for sexual assault without the knowledge or consent of any adult.
(C)At 12 years of age or older, to consent to or decline health care services to prevent, test for, or treat sexually transmitted diseases, including HIV, and mental health services, without the consent or knowledge of any adult.
(25)At 12 years of age or older, to choose, whenever feasible and in accordance with applicable law, their own health care provider for medical, dental, vision, mental health, substance use disorder services, and sexual and reproductive health care, if payment for the service is authorized under applicable federal Medicaid law or other approved insurance, and to communicate with that health care provider regarding any treatment concerns or needs and to request a second opinion before being required to undergo invasive medical, dental, or psychiatric treatment.
(26)To confidentiality of medical and mental health records, including, but not limited to, HIV status, substance use disorder history and treatment, and sexual and reproductive health care, consistent with existing law.
(27)To attend school, to remain in the childs school of origin, to immediate enrollment upon a change of school, to be provided with the opportunity to return to the childs school in a trauma-informed manner to collect their belongings when a move or change in placement requires the child to change schools, with that return to be done during school hours to the extent feasible to allow an opportunity to connect with teachers and classmates, to partial credits for any coursework completed, and to priority enrollment in preschool, after school programs, a California State University, and each community college district, and to receive all other necessary educational supports and benefits, as described in the Education Code.
(28)To have access to existing information regarding the educational options available, including, but not limited to, the coursework necessary for career, technical, and postsecondary educational programs, and information regarding financial aid for postsecondary education, and specialized programs for current and former foster children available at the University of California, the California State University, and the California Community Colleges.
(29)To attend Independent Living Program classes and activities, if the child meets the age requirements, and to not be prevented by caregivers from attending as a consequence or punishment.
(30)To maintain a bank account and manage personal income, consistent with the childs age and developmental level, unless prohibited by the case plan.
(31)To work and develop job skills at an age-appropriate level, consistent with state law.
(32)For children 14 to 17 years of age, inclusive, to receive a consumer credit report provided to the child by the social worker or probation officer on an annual basis from each of the three major credit reporting agencies, and to receive assistance with interpreting and resolving any inaccuracies.
(33)To be represented by an attorney in juvenile court; to have an attorney appointed to advise the court of the childs wishes, to advocate for the childs protection, safety, and well-being, and to investigate and report to the court on legal interests beyond the scope of the juvenile proceeding; to speak to the attorney confidentially; and to request a hearing if the child feels their appointed counsel is not acting in their best interest or adequately representing their legal interests.
(34)(A)To receive a notice of court hearings, to attend court hearings, to speak to the judge, to view and receive a copy of the court file, subject to existing federal and state confidentiality laws, and to object to or request the presence of interested persons during court hearings. If the child is an Indian child, to have a representative designated by the childs Indian tribe be in attendance during hearings.
(B)When a child is entitled to receive a copy of the court report, case plan, and transition to independent living plan (TILP), those items shall be provided in the childs primary language.
(35)To the confidentiality of all juvenile court records consistent with existing law.
(36)To view and receive a copy of their child welfare records, juvenile court records, and educational records at no cost to the child until the child is 26 years of age, subject to existing federal and state confidentiality laws.
(37)To be involved in the development of their own case plan, including placement decisions, and plan for permanency. This involvement includes, but is not limited to, the development of case plan elements related to placement and gender affirming health care, with consideration of the childs gender identity. If the child is an Indian child, the case plan shall include protecting the essential tribal relations and best interests of the Indian child by assisting the child in establishing, developing, and maintaining political, cultural, and social relationships with the childs Indian tribe and Indian community.
(38)To review the childs own case plan and plan for permanent placement if the child is 10 years of age or older, and to receive information about their out-of-home placement and case plan, including being told of changes to the plan.
(39)To request and participate in a child and family team meeting, as follows:
(A)Within 60 days of entering foster care, and every 6 months thereafter.
(B)If placed in a short-term residential therapeutic program, or receiving intensive home-based services or intensive case coordination, or receiving therapeutic foster care services, to have a child and family team meeting at least every 90 days.
(C)To request additional child and family team meetings to address concerns, including, but not limited to, placement disruption, change in service needs, addressing barriers to sibling or family visits, and addressing difficulties in coordinating services.
(D)To have both informal and formal support people participate, consistent with state law.
(40)(A)To be informed of these rights in an age and developmentally appropriate manner by the social worker or probation officer and to be provided a copy of the rights in this section at the time of placement, any placement change, and at least once every six months or at the time of a regularly scheduled contact with the social worker or probation officer.
(B)For a child who speaks a primary language other than English, to be provided a copy of the childs rights in the childs primary language.
(41)To be provided with contact information for the Community Care Licensing Division of the State Department of Social Services, the tribal authority approving a tribally approved home, and the State Foster Care Ombudsperson, at the time of each placement, and to contact any or all of these offices immediately upon request regarding violations of rights, to speak to representatives of these offices confidentially, and to be free from threats or punishment for making complaints.
(b)The rights described in this section are broad expressions of the rights of children in foster care and are not exhaustive of all rights set forth in the United States Constitution and the California Constitution, federal and California statutes, and case law.
(c)This section does not require, and shall not be interpreted to require, a foster care provider to take any action that would impair the health and safety of children in out-of-home placement.
(d)The State Department of Social Services and each county welfare department are encouraged to work with the Student Aid Commission, the University of California, the California State University, and the California Community Colleges to receive information pursuant to paragraph (28) of subdivision (a).
(a)All children placed in foster care, either voluntarily or after being adjudged a ward or dependent of the juvenile court pursuant to Section 300, 601, or 602, shall have the rights specified in this section. These rights also apply to nonminor dependents in foster care, except when they conflict with nonminor dependents retention of all their legal decisionmaking authority as an adult. The rights are as follows:
(1)To live in a safe, healthy, and comfortable home where they are treated with respect. If the child is an Indian child, to live in a home that upholds the prevailing social and cultural standards of the childs Indian community, including, but not limited to, family, social, and political ties.
(2)To be free from physical, sexual, emotional, or other abuse, corporal punishment, and exploitation.
(3)To receive adequate and healthy food, adequate clothing, grooming and hygiene products, and an age-appropriate allowance. Clothing and grooming and hygiene products shall respect the childs culture, ethnicity, and gender identity and expression.
(4)To be placed in the least restrictive setting possible, regardless of age, physical health, mental health, sexual orientation, and gender identity and expression, juvenile court record, or status as a pregnant or parenting youth, unless a court orders otherwise.
(5)To be placed with a relative or nonrelative extended family member if an appropriate and willing individual is available.
(6)To not be locked in any portion of their foster care placement, unless placed in a community treatment facility.
(7)To have a placement that utilizes trauma-informed and evidence-based deescalation and intervention techniques, to have law enforcement intervention requested only when there is an imminent threat to the life or safety of a child or another person or as a last resort after other diversion and deescalation techniques have been utilized, and to not have law enforcement intervention used as a threat or in retaliation against the child.
(8)To not be detained in a juvenile detention facility based on their status as a dependent of the juvenile court or the child welfare services departments inability to provide a foster care placement. If they are detained, to have all the rights afforded under the United States Constitution, the California Constitution, and all applicable state and federal laws.
(9)To have storage space for private use.
(10)To be free from unreasonable searches of personal belongings.
(11)To be provided the names and contact information for social workers, probation officers, attorneys, service providers, foster youth advocates and supporters, Court Appointed Special Advocates (CASAs), and education rights holder if other than the parent or parents, and when applicable, representatives designated by the childs Indian tribe to participate in the juvenile court proceeding, and to communicate with these individuals privately.
(12)To visit and contact siblings, family members, and relatives privately, unless prohibited by court order, and to ask the court for visitation with the childs siblings.
(13)To make, send, and receive confidential telephone calls and other electronic communications, and to send and receive unopened mail, unless prohibited by court order.
(14)To have social contacts with people outside of the foster care system, including, but not limited to, teachers, coaches, religious or spiritual community members, mentors, and friends. If the child is an Indian child, to have the right to have contact with tribal members and members of their Indian community consistent with the prevailing social and cultural conditions and way of life of the Indian childs tribe.
(15)To attend religious services, activities, and ceremonies of the childs choice, including, but not limited to, engaging in traditional Native American religious practices.
(16)To participate in extracurricular, cultural, racial, ethnic, personal enrichment, and social activities, including, but not limited to, access to computer technology and the internet, consistent with the childs age, maturity, developmental level, sexual orientation, and gender identity and expression.
(17)To have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity and expression, mental or physical disability, or HIV status.
(18)To have caregivers, child welfare and probation personnel, and legal counsel who have received instruction on cultural competency and sensitivity relating to sexual orientation, gender identity and expression, and best practices for providing adequate care to lesbian, gay, bisexual, and transgender children in out-of-home care.
(19)To be placed in out-of-home care according to their gender identity, regardless of the gender or sex listed in their court, child welfare, medical, or vital records, to be referred to by the childs preferred name and gender pronoun, and to maintain privacy regarding sexual orientation and gender identity and expression, unless the child permits the information to be disclosed, or disclosure is required to protect their health and safety, or disclosure is compelled by law or a court order.
(20)To have child welfare and probation personnel and legal counsel who have received instruction on the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.) and on cultural competency and sensitivity relating to, and best practices for, providing adequate care to Indian children in out-of-home care.
(21)To have recognition of the childs political affiliation with an Indian tribe or Alaskan village, including a determination of the childs membership or citizenship in an Indian tribe or Alaskan village; to receive assistance in becoming a member of an Indian tribe or Alaskan village in which the child is eligible for membership or citizenship; to receive all benefits and privileges that flow from membership or citizenship in an Indian tribe or Alaskan village; and to be free from discrimination based on the childs political affiliation with an Indian tribe or Alaskan village.
(22)(A)To access and receive medical, dental, vision, mental health, and substance use disorder services, and reproductive and sexual health care, with reasonable promptness that meets the needs of the child, to have diagnoses and services explained in an understandable manner, and to participate in decisions regarding health care treatment and services. This right includes covered gender affirming health care and gender affirming mental health care, and is subject to existing laws governing consent to health care for minors and nonminors and does not limit, add, or otherwise affect applicable laws governing consent to health care.
(B)To view and receive a copy of their medical records to the extent they have the right to consent to the treatment provided in the medical record and at no cost to the child until they are 26 years of age.
(23)Except in an emergency, to be free of the administration of medication or chemical substances, and to be free of all psychotropic medications unless prescribed by a physician, and in the case of children, authorized by a judge, without consequences or retaliation. The child has the right to consult with and be represented by counsel in opposing a request for the administration of psychotropic medication and to provide input to the court about the request to authorize medication. The child also has the right to report to the court the positive and adverse effects of the medication and to request that the court reconsider, revoke, or modify the authorization at any time.
(24)(A)To have access to age-appropriate, medically accurate information about reproductive health care, the prevention of unplanned pregnancy, and the prevention and treatment of sexually transmitted infections.
(B)At any age, to consent to or decline services regarding contraception, pregnancy care, and perinatal care, including, but not limited to, abortion services and health care services for sexual assault without the knowledge or consent of any adult.
(C)At 12 years of age or older, to consent to or decline health care services to prevent, test for, or treat sexually transmitted diseases, including HIV, and mental health services, without the consent or knowledge of any adult.
(25)At 12 years of age or older, to choose, whenever feasible and in accordance with applicable law, their own health care provider for medical, dental, vision, mental health, substance use disorder services, and sexual and reproductive health care, if payment for the service is authorized under applicable federal Medicaid law or other approved insurance, and to communicate with that health care provider regarding any treatment concerns or needs and to request a second opinion before being required to undergo invasive medical, dental, or psychiatric treatment.
(26)To confidentiality of medical and mental health records, including, but not limited to, HIV status, substance use disorder history and treatment, and sexual and reproductive health care, consistent with existing law.
(27)To attend school, to remain in the childs school of origin, to immediate enrollment upon a change of school, to be provided with the opportunity to return to the childs school with an adult of their choosing to accompany the child in a trauma-informed manner to collect their belongings when a move or change in placement requires the child to change schools, with that return to be done during school hours to the extent feasible to allow an opportunity to connect with teachers and classmates, to partial credits for any coursework completed, and to priority enrollment in preschool, after school programs, a California State University, and each community college district, and to receive all other necessary educational supports and benefits, as described in the Education Code.
(28)To have access to existing information regarding the educational options available, including, but not limited to, the coursework necessary for career, technical, and postsecondary educational programs, and information regarding financial aid for postsecondary education, and specialized programs for current and former foster children available at the University of California, the California State University, and the California Community Colleges.
(29)To attend Independent Living Program classes and activities, if the child meets the age requirements, and to not be prevented by caregivers from attending as a consequence or punishment.
(30)To maintain a bank account and manage personal income, consistent with the childs age and developmental level, unless prohibited by the case plan.
(31)To work and develop job skills at an age-appropriate level, consistent with state law.
(32)For children 14 to 17 years of age, inclusive, to receive a consumer credit report provided to the child by the social worker or probation officer on an annual basis from each of the three major credit reporting agencies, and to receive assistance with interpreting and resolving any inaccuracies.
(33)To be represented by an attorney in juvenile court; to have an attorney appointed to advise the court of the childs wishes, to advocate for the childs protection, safety, and well-being, and to investigate and report to the court on legal interests beyond the scope of the juvenile proceeding; to speak to the attorney confidentially; and to request a hearing if the child feels their appointed counsel is not acting in their best interest or adequately representing their legal interests.
(34)(A)To receive a notice of court hearings, to attend court hearings, to speak to the judge, to view and receive a copy of the court file, subject to existing federal and state confidentiality laws, and to object to or request the presence of interested persons during court hearings. If the child is an Indian child, to have a representative designated by the childs Indian tribe be in attendance during hearings.
(B)When a child is entitled to receive a copy of the court report, case plan, and transition to independent living plan (TILP), those items shall be provided in the childs primary language.
(35)To the confidentiality of all juvenile court records consistent with existing law.
(36)To view and receive a copy of their child welfare records, juvenile court records, and educational records at no cost to the child until the child is 26 years of age, subject to existing federal and state confidentiality laws.
(37)To be involved in the development of their own case plan, including placement decisions, and plan for permanency. This involvement includes, but is not limited to, the development of case plan elements related to placement and gender affirming health care, with consideration of the childs gender identity. If the child is an Indian child, the case plan shall include protecting the essential tribal relations and best interests of the Indian child by assisting the child in establishing, developing, and maintaining political, cultural, and social relationships with the childs Indian tribe and Indian community.
(38)To review the childs own case plan and plan for permanent placement if the child is 10 years of age or older, and to receive information about their out-of-home placement and case plan, including being told of changes to the plan.
(39)To request and participate in a child and family team meeting, as follows:
(A)Within 60 days of entering foster care, and every 6 months thereafter.
(B)If placed in a short-term residential therapeutic program, or receiving intensive home-based services or intensive case coordination, or receiving therapeutic foster care services, to have a child and family team meeting at least every 90 days.
(C)To request additional child and family team meetings to address concerns, including, but not limited to, placement disruption, change in service needs, addressing barriers to sibling or family visits, and addressing difficulties in coordinating services.
(D)To have both informal and formal support people participate, consistent with state law.
(40)(A)To be informed of these rights in an age and developmentally appropriate manner by the social worker or probation officer and to be provided a copy of the rights in this section at the time of placement, any placement change, and at least once every six months or at the time of a regularly scheduled contact with the social worker or probation officer.
(B)For a child who speaks a primary language other than English, to be provided a copy of the childs rights in the childs primary language.
(41)To be provided with contact information for the Community Care Licensing Division of the State Department of Social Services, the tribal authority approving a tribally approved home, and the State Foster Care Ombudsperson, at the time of each placement, and to contact any or all of these offices immediately upon request regarding violations of rights, to speak to representatives of these offices confidentially, and to be free from threats or punishment for making complaints.
(b)The rights described in this section are broad expressions of the rights of children in foster care and are not exhaustive of all rights set forth in the United States Constitution and the California Constitution, federal and California statutes, and case law.
(c)This section does not require, and shall not be interpreted to require, a foster care provider to take any action that would impair the health and safety of children in out-of-home placement.
(d)The State Department of Social Services and each county welfare department are encouraged to work with the Student Aid Commission, the University of California, the California State University, and the California Community Colleges to receive information pursuant to paragraph (28) of subdivision (a).
(a)All children placed in foster care, either voluntarily or after being adjudged a ward or dependent of the juvenile court pursuant to Section 300, 601, or 602, shall have the rights specified in this section. These rights also apply to nonminor dependents in foster care, except when they conflict with nonminor dependents retention of all their legal decisionmaking authority as an adult. The rights are as follows:
(1)To live in a safe, healthy, and comfortable home where they are treated with respect. If the child is an Indian child, to live in a home that upholds the prevailing social and cultural standards of the childs Indian community, including, but not limited to, family, social, and political ties.
(2)To be free from physical, sexual, emotional, or other abuse, corporal punishment, and exploitation.
(3)To receive adequate and healthy food, adequate clothing, grooming and hygiene products, and an age-appropriate allowance. Clothing and grooming and hygiene products shall respect the childs culture, ethnicity, and gender identity and expression.
(4)To be placed in the least restrictive setting possible, regardless of age, physical health, mental health, sexual orientation, and gender identity and expression, juvenile court record, or status as a pregnant or parenting youth, unless a court orders otherwise.
(5)To be placed with a relative or nonrelative extended family member if an appropriate and willing individual is available.
(6)To not be locked in any portion of their foster care placement, unless placed in a community treatment facility.
(7)To have a placement that utilizes trauma-informed and evidence-based deescalation and intervention techniques, to have law enforcement intervention requested only when there is an imminent threat to the life or safety of a child or another person or as a last resort after other diversion and deescalation techniques have been utilized, and to not have law enforcement intervention used as a threat or in retaliation against the child.
(8)To not be detained in a juvenile detention facility based on their status as a dependent of the juvenile court or the child welfare services departments inability to provide a foster care placement. If they are detained, to have all the rights afforded under the United States Constitution, the California Constitution, and all applicable state and federal laws.
(9)To have storage space for private use.
(10)To be free from unreasonable searches of personal belongings.
(11)To be provided the names and contact information for social workers, probation officers, attorneys, service providers, foster youth advocates and supporters, Court Appointed Special Advocates (CASAs), and education rights holder if other than the parent or parents, and when applicable, representatives designated by the childs Indian tribe to participate in the juvenile court proceeding, and to communicate with these individuals privately.
(12)To visit and contact siblings, family members, and relatives privately, unless prohibited by court order, and to ask the court for visitation with the childs siblings.
(13)To make, send, and receive confidential telephone calls and other electronic communications, and to send and receive unopened mail, unless prohibited by court order.
(14)To have social contacts with people outside of the foster care system, including, but not limited to, teachers, coaches, religious or spiritual community members, mentors, and friends. If the child is an Indian child, to have the right to have contact with tribal members and members of their Indian community consistent with the prevailing social and cultural conditions and way of life of the Indian childs tribe.
(15)To attend religious services, activities, and ceremonies of the childs choice, including, but not limited to, engaging in traditional Native American religious practices.
(16)To participate in extracurricular, cultural, racial, ethnic, personal enrichment, and social activities, including, but not limited to, access to computer technology and the internet, consistent with the childs age, maturity, developmental level, sexual orientation, and gender identity and expression.
(17)To have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity and expression, mental or physical disability, or HIV status.
(18)To have caregivers, child welfare and probation personnel, and legal counsel who have received instruction on cultural competency and sensitivity relating to sexual orientation, gender identity and expression, and best practices for providing adequate care to lesbian, gay, bisexual, and transgender children in out-of-home care.
(19)To be placed in out-of-home care according to their gender identity, regardless of the gender or sex listed in their court, child welfare, medical, or vital records, to be referred to by the childs preferred name and gender pronoun, and to maintain privacy regarding sexual orientation and gender identity and expression, unless the child permits the information to be disclosed, or disclosure is required to protect their health and safety, or disclosure is compelled by law or a court order.
(20)To have child welfare and probation personnel and legal counsel who have received instruction on the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.) and on cultural competency and sensitivity relating to, and best practices for, providing adequate care to Indian children in out-of-home care.
(21)To have recognition of the childs political affiliation with an Indian tribe or Alaskan village, including a determination of the childs membership or citizenship in an Indian tribe or Alaskan village; to receive assistance in becoming a member of an Indian tribe or Alaskan village in which the child is eligible for membership or citizenship; to receive all benefits and privileges that flow from membership or citizenship in an Indian tribe or Alaskan village; and to be free from discrimination based on the childs political affiliation with an Indian tribe or Alaskan village.
(22)(A)To access and receive medical, dental, vision, mental health, and substance use disorder services, and reproductive and sexual health care, with reasonable promptness that meets the needs of the child, to have diagnoses and services explained in an understandable manner, and to participate in decisions regarding health care treatment and services. This right includes covered gender affirming health care and gender affirming mental health care, and is subject to existing laws governing consent to health care for minors and nonminors and does not limit, add, or otherwise affect applicable laws governing consent to health care.
(B)To view and receive a copy of their medical records to the extent they have the right to consent to the treatment provided in the medical record and at no cost to the child until they are 26 years of age.
(23)Except in an emergency, to be free of the administration of medication or chemical substances, and to be free of all psychotropic medications unless prescribed by a physician, and in the case of children, authorized by a judge, without consequences or retaliation. The child has the right to consult with and be represented by counsel in opposing a request for the administration of psychotropic medication and to provide input to the court about the request to authorize medication. The child also has the right to report to the court the positive and adverse effects of the medication and to request that the court reconsider, revoke, or modify the authorization at any time.
(24)(A)To have access to age-appropriate, medically accurate information about reproductive health care, the prevention of unplanned pregnancy, and the prevention and treatment of sexually transmitted infections.
(B)At any age, to consent to or decline services regarding contraception, pregnancy care, and perinatal care, including, but not limited to, abortion services and health care services for sexual assault without the knowledge or consent of any adult.
(C)At 12 years of age or older, to consent to or decline health care services to prevent, test for, or treat sexually transmitted diseases, including HIV, and mental health services, without the consent or knowledge of any adult.
(25)At 12 years of age or older, to choose, whenever feasible and in accordance with applicable law, their own health care provider for medical, dental, vision, mental health, substance use disorder services, and sexual and reproductive health care, if payment for the service is authorized under applicable federal Medicaid law or other approved insurance, and to communicate with that health care provider regarding any treatment concerns or needs and to request a second opinion before being required to undergo invasive medical, dental, or psychiatric treatment.
(26)To confidentiality of medical and mental health records, including, but not limited to, HIV status, substance use disorder history and treatment, and sexual and reproductive health care, consistent with existing law.
(27)To attend school, to remain in the childs school of origin, to immediate enrollment upon a change of school, to be provided with the opportunity to return to the childs school with an adult of their choosing to accompany the child in a trauma-informed manner to collect their belongings when a move or change in placement requires the child to change schools, to partial credits for any coursework completed, and to priority enrollment in preschool, after school programs, a California State University, and each community college district, and to receive all other necessary educational supports and benefits, as described in the Education Code.
(28)To have access to existing information regarding the educational options available, including, but not limited to, the coursework necessary for career, technical, and postsecondary educational programs, and information regarding financial aid for postsecondary education, and specialized programs for current and former foster children available at the University of California, the California State University, and the California Community Colleges.
(29)To attend Independent Living Program classes and activities, if the child meets the age requirements, and to not be prevented by caregivers from attending as a consequence or punishment.
(30)To maintain a bank account and manage personal income, consistent with the childs age and developmental level, unless prohibited by the case plan.
(31)To work and develop job skills at an age-appropriate level, consistent with state law.
(32)For children 14 to 17 years of age, inclusive, to receive a consumer credit report provided to the child by the social worker or probation officer on an annual basis from each of the three major credit reporting agencies, and to receive assistance with interpreting and resolving any inaccuracies.
(33)To be represented by an attorney in juvenile court; to have an attorney appointed to advise the court of the childs wishes, to advocate for the childs protection, safety, and well-being, and to investigate and report to the court on legal interests beyond the scope of the juvenile proceeding; to speak to the attorney confidentially; and to request a hearing if the child feels their appointed counsel is not acting in their best interest or adequately representing their legal interests.
(34)(A)To receive a notice of court hearings, to attend court hearings, to speak to the judge, to view and receive a copy of the court file, subject to existing federal and state confidentiality laws, and to object to or request the presence of interested persons during court hearings. If the child is an Indian child, to have a representative designated by the childs Indian tribe be in attendance during hearings.
(B)When a child is entitled to receive a copy of the court report, case plan, and transition to independent living plan (TILP), those items shall be provided in the childs primary language.
(35)To the confidentiality of all juvenile court records consistent with existing law.
(36)To view and receive a copy of their child welfare records, juvenile court records, and educational records at no cost to the child until the child is 26 years of age, subject to existing federal and state confidentiality laws.
(37)To be involved in the development of their own case plan, including placement decisions, and plan for permanency. This involvement includes, but is not limited to, the development of case plan elements related to placement and gender affirming health care, with consideration of the childs gender identity. If the child is an Indian child, the case plan shall include protecting the essential tribal relations and best interests of the Indian child by assisting the child in establishing, developing, and maintaining political, cultural, and social relationships with the childs Indian tribe and Indian community.
(38)To review the childs own case plan and plan for permanent placement if the child is 10 years of age or older, and to receive information about their out-of-home placement and case plan, including being told of changes to the plan.
(39)To request and participate in a child and family team meeting, as follows:
(A)Within 60 days of entering foster care, and every 6 months thereafter.
(B)If placed in a short-term residential therapeutic program, or receiving intensive home-based services or intensive case coordination, or receiving therapeutic foster care services, to have a child and family team meeting at least every 90 days.
(C)To request additional child and family team meetings to address concerns, including, but not limited to, placement disruption, change in service needs, addressing barriers to sibling or family visits, and addressing difficulties in coordinating services.
(D)To have both informal and formal support people participate, consistent with state law.
(40)(A)To be informed of these rights in an age and developmentally appropriate manner by the social worker or probation officer and to be provided a copy of the rights in this section at the time of placement, any placement change, and at least once every six months or at the time of a regularly scheduled contact with the social worker or probation officer.
(B)For a child who speaks a primary language other than English, to be provided a copy of the childs rights in the childs primary language.
(41)To be provided with contact information for the Community Care Licensing Division of the State Department of Social Services, the tribal authority approving a tribally approved home, and the State Foster Care Ombudsperson, at the time of each placement, and to contact any or all of these offices immediately upon request regarding violations of rights, to speak to representatives of these offices confidentially, and to be free from threats or punishment for making complaints.
(42)To be provided with the opportunity to return to the childs school to collect their belongings and get closure when a move or change in placement requires the child to change schools.(b)The rights described in this section are broad expressions of the rights of children in foster care and are not exhaustive of all rights set forth in the United States Constitution and the California Constitution, federal and California statutes, and case law.
(c)This section does not require, and shall not be interpreted to require, a foster care provider to take any action that would impair the health and safety of children in out-of-home placement.
(d)The State Department of Social Services and each county welfare department are encouraged to work with the Student Aid Commission, the University of California, the California State University, and the California Community Colleges to receive information pursuant to paragraph (28) of subdivision (a).
(a)All children placed in foster care, either voluntarily or after being adjudged a ward or dependent of the juvenile court pursuant to Section 300, 601, or 602, shall have the rights specified in this section. These rights also apply to nonminor dependents in foster care, except when they conflict with nonminor dependents retention of all their legal decisionmaking authority as an adult. The rights are as follows:
(1)To live in a safe, healthy, and comfortable home where they are treated with respect. If the child is an Indian child, to live in a home that upholds the prevailing social and cultural standards of the childs Indian community, including, but not limited to, family, social, and political ties.
(2)To be free from physical, sexual, emotional, or other abuse, corporal punishment, and exploitation.
(3)To receive adequate and healthy food, adequate clothing, grooming and hygiene products, and an age-appropriate allowance. Clothing and grooming and hygiene products shall respect the childs culture, ethnicity, and gender identity and expression.
(4)To be placed in the least restrictive setting possible, regardless of age, physical health, mental health, sexual orientation, and gender identity and expression, juvenile court record, or status as a pregnant or parenting youth, unless a court orders otherwise.
(5)To be placed with a relative or nonrelative extended family member if an appropriate and willing individual is available.
(6)To not be locked in any portion of their foster care placement, unless placed in a community treatment facility.
(7)To have a placement that utilizes trauma-informed and evidence-based deescalation and intervention techniques, to have law enforcement intervention requested only when there is an imminent threat to the life or safety of a child or another person or as a last resort after other diversion and deescalation techniques have been utilized, and to not have law enforcement intervention used as a threat or in retaliation against the child.
(8)To not be detained in a juvenile detention facility based on their status as a dependent of the juvenile court or the child welfare services departments inability to provide a foster care placement. If they are detained, to have all the rights afforded under the United States Constitution, the California Constitution, and all applicable state and federal laws.
(9)To have storage space for private use.
(10)To be free from unreasonable searches of personal belongings.
(11)To be provided the names and contact information for social workers, probation officers, attorneys, service providers, foster youth advocates and supporters, Court Appointed Special Advocates (CASAs), and education rights holder if other than the parent or parents, and when applicable, representatives designated by the childs Indian tribe to participate in the juvenile court proceeding, and to communicate with these individuals privately.
(12)To visit and contact siblings, family members, and relatives privately, unless prohibited by court order, and to ask the court for visitation with the childs siblings.
(13)To make, send, and receive confidential telephone calls and other electronic communications, and to send and receive unopened mail, unless prohibited by court order.
(14)To have social contacts with people outside of the foster care system, including, but not limited to, teachers, coaches, religious or spiritual community members, mentors, and friends. If the child is an Indian child, to have the right to have contact with tribal members and members of their Indian community consistent with the prevailing social and cultural conditions and way of life of the Indian childs tribe.
(15)To attend religious services, activities, and ceremonies of the childs choice, including, but not limited to, engaging in traditional Native American religious practices.
(16)To participate in extracurricular, cultural, racial, ethnic, personal enrichment, and social activities, including, but not limited to, access to computer technology and the internet, consistent with the childs age, maturity, developmental level, sexual orientation, and gender identity and expression.
(17)To have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity and expression, mental or physical disability, or HIV status.
(18)To have caregivers, child welfare and probation personnel, and legal counsel who have received instruction on cultural competency and sensitivity relating to sexual orientation, gender identity and expression, and best practices for providing adequate care to lesbian, gay, bisexual, and transgender children in out-of-home care.
(19)To be placed in out-of-home care according to their gender identity, regardless of the gender or sex listed in their court, child welfare, medical, or vital records, to be referred to by the childs preferred name and gender pronoun, and to maintain privacy regarding sexual orientation and gender identity and expression, unless the child permits the information to be disclosed, or disclosure is required to protect their health and safety, or disclosure is compelled by law or a court order.
(20)To have child welfare and probation personnel and legal counsel who have received instruction on the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.) and on cultural competency and sensitivity relating to, and best practices for, providing adequate care to Indian children in out-of-home care.
(21)To have recognition of the childs political affiliation with an Indian tribe or Alaskan village, including a determination of the childs membership or citizenship in an Indian tribe or Alaskan village; to receive assistance in becoming a member of an Indian tribe or Alaskan village in which the child is eligible for membership or citizenship; to receive all benefits and privileges that flow from membership or citizenship in an Indian tribe or Alaskan village; and to be free from discrimination based on the childs political affiliation with an Indian tribe or Alaskan village.
(22)(A)To access and receive medical, dental, vision, mental health, and substance use disorder services, and reproductive and sexual health care, with reasonable promptness that meets the needs of the child, to have diagnoses and services explained in an understandable manner, and to participate in decisions regarding health care treatment and services. This right includes covered gender affirming health care and gender affirming mental health care, and is subject to existing laws governing consent to health care for minors and nonminors and does not limit, add, or otherwise affect applicable laws governing consent to health care.
(B)To view and receive a copy of their medical records to the extent they have the right to consent to the treatment provided in the medical record and at no cost to the child until they are 26 years of age.
(23)Except in an emergency, to be free of the administration of medication or chemical substances, and to be free of all psychotropic medications unless prescribed by a physician, and in the case of children, authorized by a judge, without consequences or retaliation. The child has the right to consult with and be represented by counsel in opposing a request for the administration of psychotropic medication and to provide input to the court about the request to authorize medication. The child also has the right to report to the court the positive and adverse effects of the medication and to request that the court reconsider, revoke, or modify the authorization at any time.
(24)(A)To have access to age-appropriate, medically accurate information about reproductive health care, the prevention of unplanned pregnancy, and the prevention and treatment of sexually transmitted infections.
(B)At any age, to consent to or decline services regarding contraception, pregnancy care, and perinatal care, including, but not limited to, abortion services and health care services for sexual assault without the knowledge or consent of any adult.
(C)At 12 years of age or older, to consent to or decline health care services to prevent, test for, or treat sexually transmitted diseases, including HIV, and mental health services, without the consent or knowledge of any adult.
(25)At 12 years of age or older, to choose, whenever feasible and in accordance with applicable law, their own health care provider for medical, dental, vision, mental health, substance use disorder services, and sexual and reproductive health care, if payment for the service is authorized under applicable federal Medicaid law or other approved insurance, and to communicate with that health care provider regarding any treatment concerns or needs and to request a second opinion before being required to undergo invasive medical, dental, or psychiatric treatment.
(26)To confidentiality of medical and mental health records, including, but not limited to, HIV status, substance use disorder history and treatment, and sexual and reproductive health care, consistent with existing law.
(27)To attend school, to remain in the childs school of origin, to immediate enrollment upon a change of school, to partial credits for any coursework completed, and to priority enrollment in preschool, after school programs, a California State University, and each community college district, and to receive all other necessary educational supports and benefits, as described in the Education Code.
(28)To have access to existing information regarding the educational options available, including, but not limited to, the coursework necessary for career, technical, and postsecondary educational programs, and information regarding financial aid for postsecondary education, and specialized programs for current and former foster children available at the University of California, the California State University, and the California Community Colleges.
(29)To attend Independent Living Program classes and activities, if the child meets the age requirements, and to not be prevented by caregivers from attending as a consequence or punishment.
(30)To maintain a bank account and manage personal income, consistent with the childs age and developmental level, unless prohibited by the case plan.
(31)To work and develop job skills at an age-appropriate level, consistent with state law.
(32)For children 14 to 17 years of age, inclusive, to receive a consumer credit report provided to the child by the social worker or probation officer on an annual basis from each of the three major credit reporting agencies, and to receive assistance with interpreting and resolving any inaccuracies.
(33)To be represented by an attorney in juvenile court; to have an attorney appointed to advise the court of the childs wishes, to advocate for the childs protection, safety, and well-being, and to investigate and report to the court on legal interests beyond the scope of the juvenile proceeding; to speak to the attorney confidentially; and to request a hearing if the child feels their appointed counsel is not acting in their best interest or adequately representing their legal interests.
(34)(A)To receive a notice of court hearings, to attend court hearings, to speak to the judge, to view and receive a copy of the court file, subject to existing federal and state confidentiality laws, and to object to or request the presence of interested persons during court hearings. If the child is an Indian child, to have a representative designated by the childs Indian tribe be in attendance during hearings.
(B)When a child is entitled to receive a copy of the court report, case plan, and transition to independent living plan (TILP), those items shall be provided in the childs primary language.
(35)To the confidentiality of all juvenile court records consistent with existing law.
(36)To view and receive a copy of their child welfare records, juvenile court records, and educational records at no cost to the child until the child is 26 years of age, subject to existing federal and state confidentiality laws.
(37)To be involved in the development of their own case plan, including placement decisions, and plan for permanency. This involvement includes, but is not limited to, the development of case plan elements related to placement and gender affirming health care, with consideration of the childs gender identity. If the child is an Indian child, the case plan shall include protecting the essential tribal relations and best interests of the Indian child by assisting the child in establishing, developing, and maintaining political, cultural, and social relationships with the childs Indian tribe and Indian community.
(38)To review the childs own case plan and plan for permanent placement if the child is 10 years of age or older, and to receive information about their out-of-home placement and case plan, including being told of changes to the plan.
(39)To request and participate in a child and family team meeting, as follows:
(A)Within 60 days of entering foster care, and every 6 months thereafter.
(B)If placed in a short-term residential therapeutic program, or receiving intensive home-based services or intensive case coordination, or receiving therapeutic foster care services, to have a child and family team meeting at least every 90 days.
(C)To request additional child and family team meetings to address concerns, including, but not limited to, placement disruption, change in service needs, addressing barriers to sibling or family visits, and addressing difficulties in coordinating services.
(D)To have both informal and formal support people participate, consistent with state law.
(40)(A)To be informed of these rights in an age and developmentally appropriate manner by the social worker or probation officer and to be provided a copy of the rights in this section at the time of placement, any placement change, and at least once every six months or at the time of a regularly scheduled contact with the social worker or probation officer.
(B)For a child who speaks a primary language other than English, to be provided a copy of the childs rights in the childs primary language.
(41)To be provided with contact information for the Community Care Licensing Division of the State Department of Social Services, the tribal authority approving a tribally approved home, and the State Foster Care Ombudsperson, at the time of each placement, and to contact any or all of these offices immediately upon request regarding violations of rights, to speak to representatives of these offices confidentially, and to be free from threats or punishment for making complaints.
(42)To be provided with the opportunity to return to the childs school to collect their belongings and get closure when a move or change in placement requires the child to change schools.
(b)The rights described in this section are broad expressions of the rights of children in foster care and are not exhaustive of all rights set forth in the United States Constitution and the California Constitution, federal and California statutes, and case law.
(c)This section does not require, and shall not be interpreted to require, a foster care provider to take any action that would impair the health and safety of children in out-of-home placement.
(d)The State Department of Social Services and each county welfare department are encouraged to work with the Student Aid Commission, the University of California, the California State University, and the California Community Colleges to receive information pursuant to paragraph (28) of subdivision (a).
SECTION 1.Section 627.5 of the Welfare and Institutions Code is amended to read:627.5.In any case where a minor is taken before a probation officer pursuant to the provisions of Section 626 and it is alleged that the minor is a person described in Section 601 or 602, the probation officer shall immediately advise the minor and the minors parent or guardian that anything the minor says can be used against the minor and shall advise them of the minors constitutional rights, including the minors right to remain silent, their right to have counsel present during any interrogation, and their right to have counsel appointed if the minor is unable to afford counsel. If the minor or the minors parent or guardian requests counsel, the probation officer shall notify the judge of the juvenile court of the request and counsel for the minor shall be appointed pursuant to Section 634.In any case where a minor is taken before a probation officer pursuant to the provisions of Section 626 and it is alleged that such the minor is a person described in Section 601 or 602, the probation officer shall immediately advise the minor and his the minors parent or guardian that anything the minor says can be used against him the minor and shall advise them of the minors constitutional rights, including his the minors right to remain silent, his their right to have counsel present during any interrogation, and his their right to have counsel appointed if he is the minor is unable to afford counsel. If the minor or his the minors parent or guardian requests counsel, the probation officer shall notify the judge of the juvenile court of such the request and counsel for the minor shall be appointed pursuant to Section 634.
|
Date
|
Status
|
|---|---|
| Sep 11, 2023 | Consideration of Governor's veto stricken from file. |
| Aug 14, 2023 | Consideration of Governor's veto pending. |
| Jul 27, 2023 | Vetoed by Governor. |
| Jul 25, 2023 | Enrolled and presented to the Governor at 4 p.m. |
| Jul 13, 2023 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 71. Noes 9. Page 2643.). |
| Jul 6, 2023 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 8 pursuant to Assembly Rule 77. |
| Jul 6, 2023 | Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 1916.). |
| Jun 29, 2023 | Read second time. Ordered to Consent Calendar. |
| Jun 28, 2023 | From committee: Do pass. To Consent Calendar. (Ayes 11. Noes 0.) (June 27). |
| Jun 21, 2023 | Read second time and amended. Re-referred to Com. on JUD. |
| Jun 20, 2023 | From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 5. Noes 0.) (June 19). |
| May 10, 2023 | Referred to Coms. on HUMAN S. and JUD. |
| Apr 27, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 27, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 1361.) |
| Apr 24, 2023 | Read second time. Ordered to third reading. |
| Apr 20, 2023 | Read second time and amended. Ordered returned to second reading. |
| Apr 19, 2023 | From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (April 18). |
| Mar 20, 2023 | Re-referred to Com. on HUM. S. |
| Mar 16, 2023 | Referred to Com. on HUM. S. |
| Mar 16, 2023 | From committee chair, with author's amendments: Amend, and re-refer to Com. on HUM. S. Read second time and amended. |
| Feb 18, 2023 | From printer. May be heard in committee March 20. |
| Feb 17, 2023 | Read first time. To print. |
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Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jul 13, 2023 | AB 1506 Quirk-Silva Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Jul 6, 2023 | Consent Calendar AB1506 Quirk-Silva | Senate Floor |
Passed |
|
| Jun 27, 2023 | Do pass and be ordered to the Consent Calendar | Senate Standing Committee on Judiciary |
Passed |
|
| Jun 19, 2023 | Do pass as amended, but first amend, and re-refer to the Committee on [Judiciary] | Senate Standing Committee on Human Services |
Passed |
|
| Apr 27, 2023 | AB 1506 Quirk-Silva Assembly Third Reading | Assembly Floor |
Passed |
|
| Apr 18, 2023 | Do pass as amended. | Assembly Standing Committee on Human Services |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Child Abuse Prevention Center | ** Support | |
| Los Angeles County Office Of Education | ** Support | |
| Pacific Juvenile Defender Center | ** Support |
GOVERNOR'S VETO
GV Bill Id:AB 1506
Author:(Quirk-Silva)
As Enrolled Ver:July 14, 2023
2/3 vote
SUMMARY
Adds to the foster youth bill of rights, the right for a foster youth, when a move or change in placement requires a change in schools, to be provided with the opportunity to return to their school in a trauma-informed manner to collect their belongings, with that return to be done during school hours to the extent feasible to allow an opportunity to connect with teachers and classmates.
Senate Amendments
- Strike the provision related to providing foster youth with the opportunity to return to their school with an adult of their choosing to accompany them.
- Clarify that the foster youth shall be allowed to return to school during school hours to the extent feasible to allow an opportunity to connect with teachers and classmates.
Governor's Veto Message
This bill adds to the Foster Youth Bill of Rights the requirement that foster youth experiencing a change in their school be provided with the opportunity to return to their prior school during school hours, in a trauma-informed manner, to connect with teachers and classmates.
While I appreciate the author's intent to support foster youth who change schools midyear, AB 1506 creates a new right without setting forth the policies needed to effectuate it. Specifically, this bill does not identify who will be responsible for implementing this new right or set a manner to hold them accountable for failing to meet the requirement.
For this reason, I cannot sign this bill.
COMMENTS
Child Welfare Services (CWS). The purpose of California's CWS system is to protect children from abuse and neglect and provide for their health and safety. When children are identified as being at risk of abuse, neglect or abandonment, county juvenile courts hold legal jurisdiction; these children are served by the CWS system through the appointment of a social worker. Through this system, there are multiple opportunities for the custody of the child, or their placement outside of the home, to be evaluated, reviewed and determined by the judicial system, in consultation with the child's social worker, to help provide the best possible services to the child. The CWS system seeks to help children who have been removed from their homes reunify with their parents or guardians, whenever appropriate. However, the court may determine that an alternate permanent placement is more fitting and give preference to relatives or nonrelative extended family members. As of January 1, 2023, there are 52,265 youth between birth and up to 21 years old in foster care.
Foster youth placements. Many foster youth experience frequent placement changes while in foster care which can exacerbate their trauma that resulted from being removed from their parents and home. Data from the California Child Welfare Indicators Project show that for youth who are in care for 24 months or longer, 15% experienced five or more placements, and 44% experienced three or more placements. Stable placements are vital to the well-being of children and youth in foster care and many families are not adequately prepared to care for youth who have experienced abuse or neglect, which can lead to a poor placement match, necessitating frequent placement changes. Counties have procedures in place for transitioning foster youth from their current placement to any new placements and the youth are notified in advance. Social workers will discuss the new placement with the youth, relevant to their age and developmental level.
School of origin. Current law allows foster youth to attend the school they attended prior to being removed from their home or the school in which they were last enrolled. This is referred to as the school of origin. They are also granted the right, if the school they attended prior to removal is different from the school in which they were last enrolled, or if there is some other school they attended they are connected to, and they attended within the preceding 15 months, the educational liaison, in consultation with, and with the agreement of, the foster child and the person holding the right to make educational decisions for the foster child, to determine, in the best interests of the foster child, the school that shall be deemed the school of origin.
California Foster Youth Education Task Force (Task Force). The Task Force was created in 2004 to address critical issues related to foster youth education and seeks to improve educational outcomes for foster youth in California. The Task Force comprises subject matter experts representing more than 100 organizations and agencies, and grassroots stakeholders to improve the disparate educational outcomes for students in foster care. The California Department of Education (CDE), in consultation with the Task Force, developed a standardized notice of the educational rights of foster children, which includes the right to remain in their school of origin after moving to a new foster care placement. The notice is available to educational liaisons for foster children for dissemination on the Task Force's website.
Foster Youth Bill of Rights. AB 899 (Liu), Chapter 683, Statues of 2001, adopted California's Foster Youth Bill of Rights and required: social workers and probation officers to periodically inform children of these rights in an age-appropriate manner; the Office of the State Foster Care Ombudsperson to, in consultation with stakeholders, develop and disseminate information on these rights; and any facility licensed to provide foster care for six or more children to post a listing of these rights.
The Foster Youth Bill of Rights has been amended to add and clarify rights over time, most recently with AB 1735 (Bryan), Chapter 405, Statutes of 2022, clarified, in the Foster Youth Bill of Rights, that youth have the right to be provided a copy of the Foster Youth Bill of Rights in their primary language. The current list of rights for all minors and nonminors in foster care includes 41 enumerated rights, such as the right to receive adequate food, clothing, including the right to receive grooming and hygiene products regardless of sexual orientation and gender identity and expression; the right to an allowance to all youth regardless of placement type; and specifying that the allowance be age-appropriate.
According to the Author
"As a teacher for over three decades, I understand the importance of student's academic as well as social and emotional development. One of the hardest things for any student, was either entering a new school, or leaving a school and their friends; especially in the middle of a school year. Foster youth are more likely to move schools within the academic year than other students, and a number of them moved multiple times. Foster youth have a number of rights in current law. Adding the right for a foster youth to be able to 'move with dignity', provides an opportunity for a foster youth to gather their belongings, and the ability to say goodbye to classmates, friends, teachers and staff. We should do all we can to provide students the opportunity to have the closure that is important to their overall academic and social development."
Arguments in Support
The Los Angeles County Office of Education writes in support that the benefits of the passage of this bill would have a positive impact on our children in foster care in the following ways:
- Lessen the amount of stress, which may result in anxiety and depression;
- Stronger relationships with peers by exchanging goodbyes and providing contact information;
- Allows school staff that have strong bonds with a student to provide encouragement and support; and,
- Lessens negative behavior at their new school due to anxiety or fears about another sudden change.
Arguments in Opposition
None on file
FISCAL COMMENTS
None, this bill was keyed non-fiscal by the Legislative Counsel.
VOTES
ASM HUMAN SERVICES: 7-0-1
YES: Jackson, Sanchez, Alanis, Arambula, Bryan, Calderon, Garcia
ABS, ABST OR NV: Bonta
ASSEMBLY FLOOR: 79-0-1
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones‑Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
ABS, ABST OR NV: Jim Patterson
SENATE FLOOR: 40-0-0
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ASSEMBLY FLOOR: 71-0-9
YES: Addis, Aguiar-Curry, Alanis, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Rodriguez, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wood, Zbur, Robert Rivas
ABS, ABST OR NV: Alvarez, Calderon, Gabriel, Gallagher, Holden, Jim Patterson, Rendon, Blanca Rubio, Wilson
UPDATED
VERSION: July 14, 2023
CONSULTANT: Jessica Langtry / HUM. S. / (916) 319-2089 FN: 0001238
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1506
Author:(Quirk-Silva)
As Amended Ver:June 21, 2023
Majority vote
SUMMARY
Adds to the foster youth bill of rights, the right for a foster youth, when a move or change in placement requires a change in schools, to be provided with the opportunity to return to their school in a trauma-informed manner to collect their belongings, with that return to be done during school hours to the extent feasible to allow an opportunity to connect with teachers and classmates.
Senate Amendments
- Strike the provision related to providing foster youth with the opportunity to return to their school with an adult of their choosing to accompany them.
- Clarify that the foster youth shall be allowed to return to school during school hours to the extent feasible to allow an opportunity to connect with teachers and classmates.
COMMENTS
Child Welfare Services (CWS). The purpose of California's CWS system is to protect children from abuse and neglect and provide for their health and safety. When children are identified as being at risk of abuse, neglect or abandonment, county juvenile courts hold legal jurisdiction; these children are served by the CWS system through the appointment of a social worker. Through this system, there are multiple opportunities for the custody of the child, or their placement outside of the home, to be evaluated, reviewed and determined by the judicial system, in consultation with the child's social worker, to help provide the best possible services to the child. The CWS system seeks to help children who have been removed from their homes reunify with their parents or guardians, whenever appropriate. However, the court may determine that an alternate permanent placement is more fitting and give preference to relatives or nonrelative extended family members. As of January 1, 2023, there are 52,265 youth between birth and up to 21 years old in foster care.
Foster youth placements. Many foster youth experience frequent placement changes while in foster care which can exacerbate their trauma that resulted from being removed from their parents and home. Data from the California Child Welfare Indicators Project show that for youth who are in care for 24 months or longer, 15% experienced five or more placements, and 44% experienced three or more placements. Stable placements are vital to the well-being of children and youth in foster care and many families are not adequately prepared to care for youth who have experienced abuse or neglect, which can lead to a poor placement match, necessitating frequent placement changes. Counties have procedures in place for transitioning foster youth from their current placement to any new placements and the youth are notified in advance. Social workers will discuss the new placement with the youth, relevant to their age and developmental level.
School of origin. Current law allows foster youth to attend the school they attended prior to being removed from their home or the school in which they were last enrolled. This is referred to as the school of origin. They are also granted the right, if the school they attended prior to removal is different from the school in which they were last enrolled, or if there is some other school they attended they are connected to, and they attended within the preceding 15 months, the educational liaison, in consultation with, and with the agreement of, the foster child and the person holding the right to make educational decisions for the foster child, to determine, in the best interests of the foster child, the school that shall be deemed the school of origin.
California Foster Youth Education Task Force (Task Force). The Task Force was created in 2004 to address critical issues related to foster youth education and seeks to improve educational outcomes for foster youth in California. The Task Force comprises subject matter experts representing more than 100 organizations and agencies, and grassroots stakeholders to improve the disparate educational outcomes for students in foster care. The California Department of Education (CDE), in consultation with the Task Force, developed a standardized notice of the educational rights of foster children, which includes the right to remain in their school of origin after moving to a new foster care placement. The notice is available to educational liaisons for foster children for dissemination on the Task Force's website.
Foster Youth Bill of Rights. AB 899 (Liu), Chapter 683, Statues of 2001, adopted California's Foster Youth Bill of Rights and required: social workers and probation officers to periodically inform children of these rights in an age-appropriate manner; the Office of the State Foster Care Ombudsperson to, in consultation with stakeholders, develop and disseminate information on these rights; and any facility licensed to provide foster care for six or more children to post a listing of these rights.
The Foster Youth Bill of Rights has been amended to add and clarify rights over time, most recently with AB 1735 (Bryan), Chapter 405, Statutes of 2022, clarified, in the Foster Youth Bill of Rights, that youth have the right to be provided a copy of the Foster Youth Bill of Rights in their primary language. The current list of rights for all minors and nonminors in foster care includes 41 enumerated rights, such as the right to receive adequate food, clothing, including the right to receive grooming and hygiene products regardless of sexual orientation and gender identity and expression; the right to an allowance to all youth regardless of placement type; and specifying that the allowance be age-appropriate.
According to the Author
"As a teacher for over three decades, I understand the importance of student's academic as well as social and emotional development. One of the hardest things for any student, was either entering a new school, or leaving a school and their friends; especially in the middle of a school year. Foster youth are more likely to move schools within the academic year than other students, and a number of them moved multiple times. Foster youth have a number of rights in current law. Adding the right for a foster youth to be able to 'move with dignity', provides an opportunity for a foster youth to gather their belongings, and the ability to say goodbye to classmates, friends, teachers and staff. We should do all we can to provide students the opportunity to have the closure that is important to their overall academic and social development."
Arguments in Support
The Los Angeles County Office of Education writes in support that the benefits of the passage of this bill would have a positive impact on our children in foster care in the following ways:
- Lessen the amount of stress, which may result in anxiety and depression
- Stronger relationships with peers by exchanging goodbyes and providing contact information
- Allows school staff that have strong bonds with a student to provide encouragement and support
- Lessens negative behavior at their new school due to anxiety or fears about another sudden change
Arguments in Opposition
None on file
FISCAL COMMENTS
None, this bill was keyed non-fiscal by the Legislative Counsel.
VOTES:
ASM HUMAN SERVICES: 7-0-1
YES: Jackson, Sanchez, Alanis, Arambula, Bryan, Calderon, Garcia
ABS, ABST OR NV: Bonta
ASSEMBLY FLOOR: 79-0-1
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones‑Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
ABS, ABST OR NV: Jim Patterson
SENATE FLOOR: 40-0-0
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
UPDATED
VERSION: June 21, 2023
CONSULTANT: Jessica Langtry / HUM. S. / (916) 319-2089 FN: 0001204
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1506 |
CONSENT
Bill No: AB 1506
Author: Quirk-Silva (D)
Amended: 6/21/23 in Senate
Vote: 21
SENATE HUMAN SERVICES COMMITTEE: 5-0, 6/19/23
AYES: Alvarado-Gil, Ochoa Bogh, Hurtado, Menjivar, Wahab
SENATE JUDICIARY COMMITTEE: 11-0, 6/27/23
AYES: Umberg, Wilk, Allen, Ashby, Caballero, Durazo, Laird, Min, Niello, Stern, Wiener
ASSEMBLY FLOOR: 79-0, 4/27/23 - See last page for vote
SUBJECT: Foster youth
SOURCE: Author
DIGEST:
This bill adds to the Foster Youth Bill of Rights, the right of a foster youth to return to a school to collect their belongings when a move or change in placement requires the child to change schools.
ANALYSIS:
Existing law:
- Establishes the Foster Youth Bill of Rights which enumerates 41 separate rights of minors and nonminors in foster care, including but not limited to, the right to: live in a safe, healthy, and comfortable home where they are treated with respect; be free from physical, sexual, emotional, or other abuse, corporal punishment, or exploitation; receive adequate and healthy food, clothing, and, age appropriate allowance; be placed in the least restrictive setting possible; have a placement that utilizes trauma-informed and evidence-based de-escalation and intervention techniques; receive medical, dental, vision, mental health, and substance use disorder services, and reproductive and sexual health care; have a caregiver, child welfare and probation personnel, and legal counsel who have received instruction on cultural competency and sensitivity relating to sexual orientation, and gender identity and expression; attend religious services and activities of their choice; be involved in the development of their own case plan and plan for permanent placement; review their own case plan and plan for permanent placement if they are 10 years of age or older, and receive information about their out-of-home placement and case plan, including being told of changes to the plan; and, be provided with contact information for the Ombudsperson at the time of each placement, and be free from threats or punishment for making complaints. (WIC 16001.9)
- Establishes a state and local system of child welfare services, including foster care, for children who have been adjudged by the court to be at risk of abuse and neglect or to have been abused or neglected, as specified. (WIC 202)
This bill adds to the Foster Youth Bill of Rights, the right to be provided with the opportunity to return to the child’s school with an adult of their choosing to accompany the child in a trauma-informed manner to collect their belongings when a move or change in placement requires the child to change schools.
Comments
According to the author, “As a teacher for over three decades, I understand the importance of student's academic as well as social and emotional development. One of the hardest things for any student, was either entering a new school, or leaving a school and their friends; especially in the middle of a school year. Foster youth are more likely to move schools within the academic year than other students, and a number of them moved multiple times. Foster youth have a number of rights in current law. Adding this right for a foster youth will provide them the opportunity to gather their belongings, and the ability to say goodbye to classmates, friends, teachers and staff. We should do all we can to provide students the opportunity to have the closure that is important to their overall academic and social development.”
Child Welfare Services System. California’s child welfare services (CWS) system is an essential component of the state’s safety net. Social workers in each county who receive reports of abuse or neglect, investigate and resolve those reports. When a case is substantiated, a family is either provided with services to ensure a child’s well-being and avoid court involvement, or a child is removed and placed into foster care. In 2022, the state’s child welfare agencies received 440,212 reports of abuse or neglect. Of these, 51,806 reports contained allegations that were substantiated and 19,953 children were removed from their homes and placed into foster care via the CWS system.
Recent Reforms. There have been system-wide efforts to institute a series of reforms to California’s CWS system. They are designed out of an understanding that children who must live apart from their biological parents do best when they are cared for in committed nurturing family homes. For more than a decade, researchers have documented poor outcomes for foster children. These outcomes have been especially pronounced for those placed in group or congregate care settings. These reforms are designed to reduce the number of foster children placed in congregate care settings by improving the assessments of children and families and establishing a child and family team for each child in foster care. Assembly Bill 403 (Stone, Chapter 773, Statutes of 2015) was the first of six CDSS-sponsored continuum of care reform bills and provided the statutory and policy framework to ensure services and supports provided to the child or youth and their family are tailored toward the ultimate goal of maintaining a stable permanent family.
Office of the Foster Care Ombudsperson (OFCC). The OFCO was established as an autonomous entity within CDSS to provide children placed in foster care with an independent forum for review and resolution of concerns related to the care, placement or services provided to children and youth in foster care. As such, the OFCO investigates, and seeks to resolve complaints regarding foster care, including complaints against state and local agencies. Additionally, the OFCO is responsible for compiling data on the complaints they receive to share with the Legislature and other relevant stakeholders, so that this data may be considered in the development of recommendations regarding the improvement of the CWS system. The OFCO is also responsible for disseminating information relating to the Foster Youth Bill of Rights and ensuring that children and youth in foster care know their rights. Additionally, as a result of AB 175 (Gipson, Chapter 416, Statutes of 2019), the OFCO is required to review amendments to the laws applicable to foster youth at the end of each two-year legislative session, and to determine whether changes to the Foster Youth Bill of Rights should be recommended based on that review.
This bill does not make changes to the role or responsibilities of the OFCO, but it does make a change to the Foster Youth Bill of Rights. Since the OFCO is responsible for updating the Foster Youth Bill of Rights and for producing materials related to those rights, this bill would likely have impacts on the OFCO through that workload.
Foster Youth Bill of Rights. In 2001, AB 899 (Lui, Chapter 683, Statutes 2001) consolidated and codified in statute all of the rights that existing law provided at the time to foster youth and created the Foster Youth Bill of Rights. AB 899 also required foster care providers and group home operators to provide foster youth with an age and developmentally appropriate orientation to the foster care system that includes an explanation of their rights and provides answers to the youths’ questions or concerns. Over time, additional rights have been given to foster youth and added to the Foster Youth Bill of Rights.
In 2016, AB 1067 (Gipson, Chapter 851, Statutes 2016) required CDSS to convene a working group of stakeholders from around the state, to be chaired by the OFCO and include representatives the Bureau of Children’s Justice, the County Welfare Directors Association, the Chief Probation Officers of California, the County Behavioral Health Directors Association of California, current and former foster youth, foster parents and caregivers, foster children advocacy groups, foster care providers associations, and other interested parties, to update and improve the Foster Youth Bill of Rights. OFCO held stakeholder meetings and conducted a series of youth focus groups to inform and respond to the work of the working group on this issue, and ultimately the working group submitted a report containing recommendations to the Legislature.
AB 175 (Gipson, Chapter 416, Statutes of 2019) subsequently revised, recast, and expanded the Foster Youth Bill of Rights based on the working group’s recommendations. AB 175 clarified that all children placed in foster care, either voluntarily or after being adjudged a ward or dependent of the juvenile court, have their rights delineated in the Foster Youth Bill of Rights. Additionally, it provided that these rights also apply to nonminor dependents except in circumstances when they conflict with nonminor dependents’ retention of their legal decision-making authority as an adult. The current list of rights for all minors and nonminors in foster care includes 41 enumerated rights, such as the right to live in a safe, healthy, and comfortable home where they are treated with respect; be free from any abuse, including physical, sexual, emotional, or corporal punishment; receive adequate and healthy food, clothing; receive medical, dental, vision, mental health services, and substance use disorder services; and to be involved in the development of their own case plan.
School Transfers and Foster Youth. According to California Department of Education (CDE), students in foster care are one of the most vulnerable and academically at-risk student groups in California. CDE data shows in the 2021-22 school year, 46.5 percent of foster youth students in grades kindergarten through twelve were chronically absent, compared to just 29.9 percent of non-foster youth. Foster youth were also three times more likely to be suspended than their non-foster student counterparts. CDE data for the 2021-22 school year further shows lower graduation rates (61.4 percent v 87.3 percent) and higher dropout rates (22.2 percent v. 7.7 percent) compared to their non-foster youth counterparts.
Students in foster care also change schools at a higher rate. This frequent change in schools not only hurts their academic progress, but also severs social relationships and adds additional trauma and upheaval to their lives. This bill seeks to give foster youth the option to return to a school they have to leave because of a change in placement to retrieve their belongings and also say goodbye to friends and teachers.
Related/Prior Legislation
AB 899 (Liu, Chapter 683, Statues of 2001) adopted California’s Foster Youth Bill of Rights and required: social workers and probation officers to periodically inform children of these rights in an age-appropriate manner; the OFCO to, in consultation with stakeholders, develop and disseminate information on these rights; and any facility licensed to provide foster care for six or more children to post a listing of these rights.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
SUPPORT: (Verified 6/28/23)
Child Abuse Prevention Center
Los Angeles County Office of Education
OPPOSITION: (Verified 6/28/23)
ASSEMBLY FLOOR: 79-0, 4/27/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
NO VOTE RECORDED: Jim Patterson
Prepared by: Heather Hopkins / HUMAN S. / (916) 651-1524
6/30/23 13:34:29
**** END ****
Senator Thomas Umberg, Chair
2023-2024 Regular Session
Bill No: AB 1506 (Author:Quirk-Silva)
Version: June 21, 2023
Hearing Date: June 27, 2023
Fiscal: No
Urgency: No
Consultant: AWM
SUBJECT
Foster youth
DIGEST
This bill expands the Foster Youth Bill of Rights to include the right, when a foster child or youth has to change schools due to a move or change in placement, to be provided with the opportunity to return to their school in a trauma-informed manner to collect their belongings, with the return made during school hours to the extent feasible so that the child or youth has the opportunity to connect with teachers and classmates.
EXECUTIVE SUMMARY
Many foster youth experience frequent placement changes while in foster care which can exacerbate their trauma that resulted from being removed from their parents and home. While counties have procedures in place for transitioning foster youth from their current placement, including requiring the social worker to discuss any new placement with the child or youth in an age-appropriate manner, moves can still be incredibly difficult. This difficulty can be compounded when a placement move also requires a foster youth to change schools, especially when the child has to leave a school where they have friends and meaningful relationships with teachers.
This bill is intended to lessen the negative effect of a school move on foster children by adding, to the Foster Youth Bill of Rights, the right for a foster child or youth, when a placement move also requires them to change schools, the right to return to the school to collect their belongings in a trauma-informed manner. The return should be made, whenever possible, during school hours, so that the child can say good-bye to friends and teachers and collect contact information so that they can stay in touch.
This bill is sponsored by the author and is supported by the Child Abuse Prevention Center and the Los Angeles County Office of Education. There is no known opposition. The Senate Human Services Committee passed this bill with a vote of 5-0.
PROPOSED CHANGES TO THE LAW
Existing law:
- Makes the following declarations of Legislative intent regarding children and youths in the dependency system:
- It is the intent of the Legislature to preserve and strengthen a child’s family whenever possible, removing the child from the custody of their parents only when necessary for their welfare or for the safety and protection of the public.
- If a child is removed from the physical custody of their parents, preferential consideration shall be given whenever possible to the placement of the child with a relative.
- If a child is removed from their family, the child should be provided with the custody, care, and discipline equivalent to that which should have been provided by their parents.
- It is the intent of the Legislature that children in an out-of-home placement should live in the least-restrictive family setting promoting normal childhood experience that is suited to meet their individual needs, and to live as close to the family as possible.
- In fulfilling their responsibilities to pupils in foster care, educators, county placing agencies, care providers, advocates, and the juvenile courts shall work together to maintain stable school placements and to ensure that each pupil is placed in the least-restrictive educational programs, and has access to the academic resources, services, and extracurricular and enrichment activities available to all pupils. (Welf. & Inst. Code, § 16000.)
- Establishes a list of enumerated rights, known as the Foster Youth Bill of Rights, which are held by all children placed in foster care, either voluntarily or after being adjudged a ward or dependent of the juvenile court, and by nonminor dependents except where the rights conflict with nonminor dependents’ retention of their legal decisionmaking authority as an adult. (Welf. & Inst. Code, § 16001.9.)
- Includes, within the Foster Youth Bill of Rights, the rights to attend school, to remain in the child or youth’s school of origin, to immediate enrollment upon a change of school, to partial credits for any coursework completed, to priority enrollment in preschool, after school programs, a California State University, and each community college district, and to receive all other necessary educational supports and benefits set forth in the Education Code. (Welf. & Inst. Code, § 16001.9(a)(27).)
- Defines “school of origin” as the school that a foster child or youth attended when permanently housed or the school in which the foster child was last enrolled. (Ed. Code, § 48853.5.)
- Requires, at the initial detention or placement, or any subsequent placement, of a foster child, the local educational agency serving the foster child to allow the foster child to continue their education at the school of origin for the duration of the jurisdiction of the court. If the jurisdiction terminates before the end of the academic year, a former foster child who is in kindergarten or grades one through eight shall be allowed to remain at the school of origin through the academic year; a former foster child in high school shall be allowed to remain at the school of origin through graduation. (Ed. Code, § 48853.5(f).)
This bill:
- Adds to the Foster Youth Bill of Rights the right, when a child or youth has to change schools due to a move or change in placement, to be provided with the opportunity to return to their school in a trauma-informed manner to collect their belongings, with that return to be made during school hours to the extent feasible so as to give the child or youth the opportunity to connect with teachers and classmates.
COMMENTS
- Author’s comment
According to the author:
As a teacher for over three decades, I understand the importance of student's academic as well as social and emotional development. One of the hardest things for any student, was either entering a new school, or leaving a school and their friends; especially in the middle of a school year. Foster youth are more likely to move schools within the academic year than other students, and a number of them moved multiple times. Foster youth have a number of rights in current law. Adding this right for a foster youth will provide them the opportunity to gather their belongings, and the ability to say goodbye to classmates, friends, teachers and staff. We should do all we can to provide students the opportunity to have the closure that is important to their overall academic and social development.
2. This bill provides foster children and youth with the right to collect their belongings and, where possible, say good-bye to friends and teachers when they have to move schools
As of January 2023, over 52,000 children and young adults were in foster care in California; the population has generally hovered around 60,000.[1] While the foster care system is intended to protect children, research shows “that foster care leads to poor human capital formation and a host of undesirable outcomes.”[2] Foster children in California move placements, on average, 3.61 times every 1,000 days;[3] multiple placements are associated with attachment difficulties, decreased academic performance, and externalizing and internalizing behavioral problems.[4]
One issue that leads to negative outcomes for children in foster care is the frequency with which they are required to change schools. On study showed that, in the 2018-2019 school year, 34 percent of students in foster care changed schools at least once, with 8 percent of students changing schools twice and 5 percent changing schools three or more times.[5] As the bill’s supporters note, changing schools has an adverse effect on children, due to both the academic disruption as well as the child’s loss of relationships with friends and teachers.[6]
The Foster Youth Bill of Rights already provides foster youth with the right to remain in their school of origin,[7] and the Education Code already requires a local educational agency serving a foster child to allow the child to continue their education at their school of origin for the duration of the dependency court’s jurisdiction.[8] Nevertheless, school moves remain a common feature in the lives of foster children.
This bill is intended to help ease the pain that occurs when a child or youth in foster care is forced to move schools. Specifically, this bill amends the Foster Youth Bill of Rights to give a foster youth the right to be provided with the opportunity to return to their school with an adult of their choosing to accompany the child in a trauma-informed manner to collect their belongings when a placement move requires them to change schools. This will give children the opportunity to say good-bye to their friends and collect their things, rather than wrenching them away with no warning. According to the Pacific Juvenile Center, writing in support, “By guaranteeing children the opportunity for closure when transferring to a new school, children will be able to emotionally transition more smoothly and be accorded an appropriate level of dignity and respect in the process.”
3. Arguments in support
According to the Los Angeles County Department of Education, writing in support:
Research shows that students in foster care were more likely to move schools within the academic year than other students, and a number of them moved multiple times. Changing schools has an adverse effect on the academic progress of a foster student. Research has also shown that, among students in foster care who stayed in the same school throughout the school year, one quarter met or exceeded state standards in English language arts, and almost one fifth did in mathematics. However, each school move correlated with lower scores in both subjects.
The benefits of the passage of this bill and proper implementation would have a positive impact on our children in foster care in the following ways:
- Lessen the amount of stress, which may result in anxiety and depression
- Stronger relationships with peers by exchanging goodbyes and providing contact information
- Allows school staff that have strong bonds with a student to provide encouragement and support
- Lessens negative behavior at their new school due to anxiety or fears about another sudden change
SUPPORT
Child Abuse Prevention Center
Los Angeles County Office of Education
OPPOSITION
None known
RELATED LEGISLATION
Pending Legislation: None known.
Prior Legislation:
AB 1735 (Bryan, Ch. 405, Stats. 2022) required certain documents, including a copy of the Foster Youth Bill of Rights, to be provided to a foster child or youth in their primary language if their primary language is not English.
AB 175 (Gipson, Ch. 416, Stats. 2019) reorganized, clarified, and expanded the Foster Youth Bill of Rights and required the State Foster Care Ombudsperson to provide trainings and assistance to stakeholders as well as to recommend to the Legislature updates for the Foster Youth Bill of Rights.
PRIOR VOTES:
Senate Human Services Committee (Ayes 5, Noes 0)
Assembly Floor (Ayes 79, Noes 0)
Assembly Human Services Committee (Ayes 7, Noes 0)
**************
California Child Welfare Indicators Project, University of California at Berkeley, Report: Children in Foster Care, CWS/CMS 2022 Quarter 4 Extract (Apr. 8, 2023), available at https://ccwip.berkeley.edu/childwelfare/reports/PIT/MTSG/r/ab636/s. All links in this analysis are current as of June 23, 2023. ↑
Lovett & Xue, Family First of the Kindness of Strangers? Foster Care Placements and Adult Outcomes, Labour Economics (Feb. 22, 2021), p. 1. ↑
California Child Welfare Indicators Project, University of California at Berkeley, Report: Children in Foster Care by Placement Stability, 4-P5, CWS/CMS 2022 Quarter 4 Extract (Apr. 1, 2023), available at https://ccwip.berkeley.edu/childwelfare/reports/P5/MTSG/r/Fed/s. ↑
McConnell, et al., Changes in Placement among Children in Foster Care: A Longitudinal Study of Child and Case Influences, Soc. Serv. Rev., 80(3) (Sept. 2006), p. 399. ↑
Learning Policy Institute, California’s Students in Foster Care; Challenges and Promising Practices (Sept. 12, 2022), https://learningpolicyinstitute.org/product/california-students-foster-care-brief. ↑
Ibid. ↑
Welf. & Inst. Code, § 16001.9(a)(27). ↑
Ed. Code, § 48853.5(f). ↑
SENATE COMMITTEE ON HUMAN SERVICES
Senator Alvarado-Gil, Chair
2023 - 2024 Regular
Bill No: | AB 1506 | ||
Author: | Quirk-Silva | ||
Version: | April 20, 2023 | Hearing Date: | June 19, 2023 |
Urgency: | No | Fiscal: | No |
Consultant: | Heather Hopkins | ||
Subject: Foster youth
SUMMARY
This bill adds to the Foster Youth Bill of Rights, the right of a foster youth to return to a school to collect their belongings when a move or change in placement requires the child to change schools.
ABSTRACT
Existing Law:
- Establishes the Foster Youth Bill of Rights which enumerates 41 separate rights of minors and nonminors in foster care, including but not limited to, the right to: live in a safe, healthy, and comfortable home where they are treated with respect; be free from physical, sexual, emotional, or other abuse, corporal punishment, or exploitation; receive adequate and healthy food, clothing, and, age appropriate allowance; be placed in the least restrictive setting possible; have a placement that utilizes trauma-informed and evidence-based de-escalation and intervention techniques; receive medical, dental, vision, mental health, and substance use disorder services, and reproductive and sexual health care; have a caregiver, child welfare and probation personnel, and legal counsel who have received instruction on cultural competency and sensitivity relating to sexual orientation, and gender identity and expression; attend religious services and activities of their choice; be involved in the development of their own case plan and plan for permanent placement; review their own case plan and plan for permanent placement if they are 10 years of age or older, and receive information about their out-of-home placement and case plan, including being told of changes to the plan; and, be provided with contact information for the Ombudsperson at the time of each placement, and be free from threats or punishment for making complaints. (WIC 16001.9)
- Establishes a state and local system of child welfare services, including foster care, for children who have been adjudged by the court to be at risk of abuse and neglect or to have been abused or neglected, as specified. (WIC 202)
- Establishes a system of juvenile dependency for children for specific reasons, and designates that a child who meets certain criteria is within the jurisdiction of the juvenile court and may be adjudged as a dependent child of the court, as specified. (WIC 300 et seq.)
- Requires the status of every minor or nonminor dependent in foster care to be reviewed by the court at least once every six months, as specified. (WIC 366)
- Provides for extended foster care (EFC) funding for youth until age 21, as well as adopts other changes to conform to the federal Fostering Connections to Success Act. (WIC 241.1, 303, 366.3, 388, 391, 11400, 11402, 11403)
- Defines a “nonminor dependent” as a current or former foster youth who is between 18 and 21 years old, in foster care under the responsibility of the county welfare department (CWD), county probation department, or Indian Tribe, and participating in a transitional independent living plan, as specified. (WIC 11400(v))
- Prohibits the court from terminating dependency jurisdiction over an NMD who has reached 18 years of age until a hearing is conducted and the CWD has submitted a report verifying that specified information, documents, and services have been provided, including the health and education summary, as specified. (WIC 391(h)(1)(3))
- Provides that the court may have within its jurisdiction any nonminor dependent, between the age of majority and 21 years, as defined. Further provides that a nonminor dependent shall retain all of their legal decision-making authority as an adult, except as specified. (WIC 303(a), (d))
- Authorizes the juvenile court to resume jurisdiction over a nonminor who has attained 18 years of age, but not yet attained 21 years of age, and for whom the court has dismissed dependency, delinquency, or transition jurisdiction. (WIC 303(c))
- Requires the juvenile court, in making the findings regarding continuing dependency jurisdiction of a nonminor, to ensure the nonminor has been informed of their options, including the benefits of remaining in foster care and rights to re-enter foster care, and has had an opportunity to confer with their counsel if counsel has been appointed, as specified. (WIC 391(c))
- Requires a NMD to meet one or more of the following participation requirements to remain under a foster care order by the juvenile court:
- Completing a secondary education or program leading to an equivalent credential;
- Enrolled in an institution that provides postsecondary or vocational education;
- Participating in a program or activity designed to promote or remove barriers to employment;
- Employed for at least 80 hours per month; or
- Incapable of doing any of the above due to a medical condition, as supported by regularly updated information in the nonminor’s case plan. (WIC 11403(b))
- Completing a secondary education or program leading to an equivalent credential;
- Requires, when appropriate, for a child who is 16 years of age or a NMD, that the case plan include the transitional independent living plan (TILP), a written description of the programs and services that will help the child prepare for the transition from foster care to successful adulthood, and, in addition, whether the youth has an in-progress application pending for SSI benefits or for special immigrant juvenile status or other applicable application for legal residency, as provided. (WIC 16501.1(g)(16)(ii))
This Bill:
Adds to the Foster Youth Bill of Rights, the right to be provided with the opportunity to return to the child’s school with an adult of their choosing to accompany the child in a trauma-informed manner to collect their belongings when a move or change in placement requires the child to change schools.
FISCAL IMPACT
This bill was keyed non-fiscal by the Legislative Counsel.
BACKGROUND AND DISCUSSION
Purpose of the Bill:
According to the author, “As a teacher for over three decades, I understand the importance of student's academic as well as social and emotional development. One of the hardest things for any student, was either entering a new school, or leaving a school and their friends; especially in the middle of a school year. Foster youth are more likely to move schools within the academic year than other students, and a number of them moved multiple times. Foster youth have a number of rights in current law. Adding this right for a foster youth will provide them the opportunity to gather their belongings, and the ability to say goodbye to classmates, friends, teachers and staff. We should do all we can to provide students the opportunity to have the closure that is important to their overall academic and social development.”
Child Welfare Services System
California’s child welfare services (CWS) system is an essential component of the state’s safety net. Social workers in each county who receive reports of abuse or neglect, investigate and resolve those reports. When a case is substantiated, a family is either provided with services to ensure a child’s well-being and avoid court involvement, or a child is removed and placed into foster care. In 2022, the state’s child welfare agencies received 440,212 reports of abuse or neglect. Of these, 51,806 reports contained allegations that were substantiated and 19,953 children were removed from their homes and placed into foster care via the CWS system.
Abused and neglected children who have been removed from their homes fall under the jurisdiction of the county’s juvenile dependency court. The dependency court holds legal jurisdiction over the child, while the child is served by a CWS system social worker. This system seeks to ensure the safety and protection of these children, and where possible, preserve and strengthen families through visitation and family reunification. The CWS system provides multiple opportunities for the custody of a foster child, or the child’s placement outside of the home, to be evaluated, reviewed and determined by the judicial system, in consultation with the child’s social worker to help provide the best possible services to the child. It is the state’s goal to reunify a foster child or youth with their biological family whenever possible. In instances where reunification is not possible, it is the state’s goal to provide a permanent placement alternative, such as adoption or guardianship, with other relatives or nonrelative extended family members, or with Resource Families.
Recent Reforms
There have been system-wide efforts to institute a series of reforms to California’s CWS system. They are designed out of an understanding that children who must live apart from their biological parents do best when they are cared for in committed nurturing family homes. For more than a decade, researchers have documented poor outcomes for foster children. These outcomes have been especially pronounced for those placed in group or congregate care settings. These reforms are designed to reduce the number of foster children placed in congregate care settings by improving the assessments of children and families and establishing a child and family team for each child in foster care. Assembly Bill 403 (Stone, Chapter 773, Statutes of 2015) was the first of six CDSS-sponsored continuum of care reform bills and provided the statutory and policy framework to ensure services and supports provided to the child or youth and their family are tailored toward the ultimate goal of maintaining a stable permanent family.
Office of the Foster Care Ombudsperson (OFCC)
The OFCO was established as an autonomous entity within CDSS to provide children placed in foster care with an independent forum for review and resolution of concerns related to the care, placement or services provided to children and youth in foster care. As such, the OFCO investigates, and seeks to resolve complaints regarding foster care, including complaints against state and local agencies. Additionally, the OFCO is responsible for compiling data on the complaints they receive to share with the Legislature and other relevant stakeholders, so that this data may be considered in the development of recommendations regarding the improvement of the CWS system. The OFCO is also responsible for disseminating information relating to the Foster Youth Bill of Rights and ensuring that children and youth in foster care know their rights. Additionally, as a result of AB 175 (Gipson, Chapter 416, Statutes of 2019), the OFCO is required to review amendments to the laws applicable to foster youth at the end of each two-year legislative session, and to determine whether changes to the Foster Youth Bill of Rights should be recommended based on that review.
Several changes were made to the OFCO as of January 1, 2022, as the result of recent legislation. AB 1140 (R. Rivas, Chapter 297, Statutes of 2021) specified that OFCO is also responsible to provide ombudsman services to children placed in residential facilities and homes by the Office of Refugee Resettlement of the federal Department of Health and Human Services. AB 317 (Patterson, Chapter 293, Statutes of 2021) strengthened the role of the OFCO by clarifying their independence from CDSS and their investigation authority. In regards to the OFCO’s investigation authority, AB 317 provided that the OFCO has the authority to: enter and inspect premises, as specified; review and copy licensing and administrative records, policies, and documents; interview witness; observe proceedings and attend hearings; formally resolve complaints; submit written correction plans to contractors with the state or local agencies; among other things. AB 317 also specified that the OFCO has the right to notify the child’s dependency counsel of a complaint filed by the child or youth, as well as the outcome of any investigation performed by the OFCO in regards to that complaint, as provided.
This bill does not make changes to the role or responsibilities of the OFCO, but it does make a change to the Foster Youth Bill of Rights. Since the OFCO is responsible for updating the Foster Youth Bill of Rights and for producing materials related to those rights, this bill would likely have impacts on the OFCO through that workload.
Foster Youth Bill of Rights
In 2001, AB 899 (Lui, Chapter 683, Statutes 2001) consolidated and codified in statute all of the rights that existing law provided at the time to foster youth and created the Foster Youth Bill of Rights. AB 899 also required foster care providers and group home operators to provide foster youth with an age and developmentally appropriate orientation to the foster care system that includes an explanation of their rights and provides answers to the youths’ questions or concerns. Over time, additional rights have been given to foster youth and added to the Foster Youth Bill of Rights.
In 2016, AB 1067 (Gipson, Chapter 851, Statutes 2016) required CDSS to convene a working group of stakeholders from around the state, to be chaired by the OFCO and include representatives the Bureau of Children’s Justice, the County Welfare Directors Association, the Chief Probation Officers of California, the County Behavioral Health Directors Association of California, current and former foster youth, foster parents and caregivers, foster children advocacy groups, foster care providers associations, and other interested parties, to update and improve the Foster Youth Bill of Rights. OFCO held stakeholder meetings and conducted a series of youth focus groups to inform and respond to the work of the working group on this issue, and ultimately the working group submitted a report containing recommendations to the Legislature.
AB 175 (Gipson, Chapter 416, Statutes of 2019) subsequently revised, recast, and expanded the Foster Youth Bill of Rights based on the working group’s recommendations. AB 175 clarified that all children placed in foster care, either voluntarily or after being adjudged a ward or dependent of the juvenile court, have their rights delineated in the Foster Youth Bill of Rights. Additionally, it provided that these rights also apply to nonminor dependents except in circumstances when they conflict with nonminor dependents’ retention of their legal decision-making authority as an adult. The current list of rights for all minors and nonminors in foster care includes 41 enumerated rights, such as the right to live in a safe, healthy, and comfortable home where they are treated with respect; be free from any abuse, including physical, sexual, emotional, or corporal punishment; receive adequate and healthy food, clothing; receive medical, dental, vision, mental health services, and substance use disorder services; and to be involved in the development of their own case plan.
School Transfers and Foster Youth
According to California Department of Education (CDE), students in foster care are one of the most vulnerable and academically at-risk student groups in California. CDE data shows in the 2021-22 school year, 46.5 percent of foster youth students in grades kindergarten through twelve were chronically absent, compared to just 29.9 percent of non-foster youth. Foster youth were also three times more likely to be suspended than their non-foster student counterparts. CDE data for the 2021-22 school year further shows lower graduation rates (61.4 percent v 87.3 percent) and higher dropout rates (22.2 percent v. 7.7 percent) compared to their non-foster youth counterparts.
Students in foster care also change schools at a higher rate. This frequent change in schools not only hurts their academic progress, but also severs social relationships and adds additional trauma and upheaval to their lives. This bill seeks to give foster youth the option to return to a school they have to leave because of a change in placement to retrieve their belongings and also say goodbye to friends and teachers.
Related/Prior Legislation:
AB 1735 (Bryan, Chapter 405, Statutes of 2022) clarified, in the Foster Youth Bill of Rights, that youth have the right to be provided a copy of the Foster Youth Bill of Rights in their primary language. Added to the Foster Youth Bill of Rights, the right of foster youth to receive a copy of the court report, case plan, and transition to independent living plan in their primary language.
AB 317 (Patterson, Chapter 293, Statutes of 2021) clarified the role of the Foster Care Ombudsperson and allowed the Ombudsperson to notify the dependency counsel of a complaint; limiting investigations to those reasonably related to the complaint and to foster care; and, adding other lawful court orders to ways the Ombudsperson may access sealed records for the purpose of an investigation.
AB 175 (Gipson, Chapter 417, Statutes of 2019) among other things, made changes to the OFCO’s responsibilities including collection and sharing of data related to the complaints by or on behalf of children placed in foster care, including a requirement that CDE share education rights complaints with the OFCO; requiring the materials used to inform foster children and youth of their rights be disseminated by the OFCO; and, requiring the OFCO to review amendments to laws applicable to foster youth at the end of every two-year legislative session and determine whether updates to the Foster Youth Bill of Rights should be recommended as a result of legislation passed during the previous legislative session.
AB 2119 (Gloria, Chapter 385, Statutes of 2018) clarified that a foster youth's right to be involved in the development of their own case plan and plan for permanent placement includes, but is not limited to, the development of case plan elements related to placement and gender affirming health care, with consideration of gender identity.
AB 2247 (Gipson, Chapter 674, Statutes of 2018) required a social worker or placement agency to implement a placement preservation strategy prior to changing a dependent child's placement, and required at least 14 days’ written notice to be given prior to a placement change, except in instances where delayed placement or prior notice of a placement change would endanger a child's health or safety or where all specified parties have agreed to waive these requirements.
AB 1067 (Gipson, Chapter 851, Statutes of 2016) included probation-supervised foster youth, and responsibilities for probation officers, in provisions of current law stipulating certain processes, requirements, and timelines regarding placement changes for foster youth who are dependents of the court.
AB 899 (Liu, Chapter 683, Statues of 2001) adopted California’s Foster Youth Bill of Rights and required: social workers and probation officers to periodically inform children of these rights in an age-appropriate manner; the OFCO to, in consultation with stakeholders, develop and disseminate information on these rights; and any facility licensed to provide foster care for six or more children to post a listing of these rights.
COMMENTS
The author states their intent not only to have a child have the opportunity to pick up their belongings, but also to see and say goodbye to their friends and teacher if they so choose. In order to achieve that goal, the committee suggests the following amendment:
On page 6, beginning on line 3
(27) To attend school, to remain in the child’s school of origin, to immediate enrollment upon a change of school, to be provided with the opportunity to return to the child’s school with an adult of their choosing to accompany the child in a trauma-informed manner to collect their belongings when a move or change in placement requires the child to change schools, with that return to be done during school hours to the extent feasible to allow an opportunity to connect with teachers and classmates, to partial credits for any coursework completed, and to priority enrollment in preschool, after school programs, a California State University, and each community college district, and to receive all other necessary educational supports and benefits, as described in the Education Code.
Double Referral: This bill has been double-referred. Should this bill pass out of this Committee, it will be referred to the Senate Committee on the Judiciary.
PRIOR VOTES
| |
Assembly Floor: | 79 - 0 |
Assembly Appropriations Committee: |
|
Assembly Human Services Committee: | 7 - 0 |
POSITIONS
Support:
Child Abuse Prevention Center
Los Angeles County Office of Education
Oppose:
None received
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 1506
Author:(Quirk-Silva)
As Amended Ver:April 20, 2023
Majority vote
SUMMARY
Adds to the foster youth bill of rights, the right for a foster youth, when a move or change in placement requires a change in school, to be provided with the opportunity to return to their school with an adult of their choosing to accompany the child in a trauma-informed manner to collect their belongings.
Major Provisions
COMMENTS
Child Welfare Services (CWS). The purpose of California's CWS system is to protect children from abuse and neglect and provide for their health and safety. When children are identified as being at risk of abuse, neglect or abandonment, county juvenile courts hold legal jurisdiction; these children are served by the CWS system through the appointment of a social worker. Through this system, there are multiple opportunities for the custody of the child, or their placement outside of the home, to be evaluated, reviewed and determined by the judicial system, in consultation with the child's social worker, to help provide the best possible services to the child. The CWS system seeks to help children who have been removed from their homes reunify with their parents or guardians, whenever appropriate. However, the court may determine that an alternate permanent placement is more fitting and give preference to relatives or nonrelative extended family members. As of January 1, 2023, there are 52,265 youth between birth and up to 21 years old in foster care.
Foster youth placements. Many foster youth experience frequent placement changes while in foster care which can exacerbate their trauma that resulted from being removed from their parents and home. Data from the California Child Welfare Indicators Project show that for youth who are in care for 24 months or longer, 15% experienced five or more placements, and 44% experienced three or more placements. Stable placements are vital to the well-being of children and youth in foster care and many families are not adequately prepared to care for youth who have experienced abuse or neglect, which can lead to a poor placement match, necessitating frequent placement changes. Counties have procedures in place for transitioning foster youth from their current placement to any new placements and the youth are notified in advance. Social workers will discuss the new placement with the youth, relevant to their age and developmental level.
School of origin. Current law allows foster youth to attend the school they attended prior to being removed from their home or the school in which they were last enrolled. This is referred to as the school of origin. They are also granted the right, if the school they attended prior to removal is different from the school in which they were last enrolled, or if there is some other school they attended they are connected to, and they attended within the preceding 15 months, the educational liaison, in consultation with, and with the agreement of, the foster child and the person holding the right to make educational decisions for the foster child, to determine, in the best interests of the foster child, the school that shall be deemed the school of origin.
California Foster Youth Education Task Force (Task Force). The Task Force was created in 2004 to address critical issues related to foster youth education and seeks to improve educational outcomes for foster youth in California. The Task Force comprises subject matter experts representing more than 100 organizations and agencies, and grassroots stakeholders to improve the disparate educational outcomes for students in foster care. The California Department of Education (CDE), in consultation with the Task Force, developed a standardized notice of the educational rights of foster children, which includes the right to remain in their school of origin after moving to a new foster care placement. The notice is available to educational liaisons for foster children for dissemination on the Task Force's website.
Foster Youth Bill of Rights. AB 899 (Liu), Chapter 683, Statues of 2001, adopted California's Foster Youth Bill of Rights and required: social workers and probation officers to periodically inform children of these rights in an age-appropriate manner; the Office of the State Foster Care Ombudsperson to, in consultation with stakeholders, develop and disseminate information on these rights; and any facility licensed to provide foster care for six or more children to post a listing of these rights.
The Foster Youth Bill of Rights has been amended to add and clarify rights over time, most recently with AB 1735 (Bryan), Chapter 405, Statutes of 2022, clarified, in the Foster Youth Bill of Rights, that youth have the right to be provided a copy of the Foster Youth Bill of Rights in their primary language. The current list of rights for all minors and nonminors in foster care includes 41 enumerated rights, such as the right to receive adequate food, clothing, including the right to receive grooming and hygiene products regardless of sexual orientation and gender identity and expression; the right to an allowance to all youth regardless of placement type; and specifying that the allowance be age-appropriate.
According to the Author
According to the Author, "As a teacher for over three decades, I understand the importance of student's academic as well as social and emotional development. One of the hardest things for any student, was either entering a new school, or leaving a school and their friends; especially in the middle of a school year. Foster youth are more likely to move schools within the academic year than other students, and a number of them moved multiple times. Foster youth have a number of rights in current law. Adding the right for a foster youth to be able to 'move with dignity', provides an opportunity for a foster youth to gather their belongings, and the ability to say goodbye to classmates, friends, teachers and staff. We should do all we can to provide students the opportunity to have the closure that is important to their overall academic and social development."
Arguments in Support
The Pacific Juvenile Defender Center writes in support that, "Involvement in foster care often leads to significant disruptions in relationships youth have with caring adults as well as friends. The quality and consistency of relationships youth develop with adults is associated with healthy brain development, better social skills, and greater emotional and mental wellbeing. (National Scientific Council on the Developing Child, Young Children Develop in an Environment of Relationships, 2004). These consistent relationships also are associated with youth's self-reported sense of safety and overall well-being (Child and Adolescent Social Work Journal, A Response to No One Ever Asked Us: a Review of Children's Experiences in Out-of-Home-Care, 2007). Friendships are also critical for healthy youth development, as they build children's self-esteem and give them a sense of belonging (Raising Children Network, School-Age Friendships: How to Support Them, 2022). Guaranteeing young people the opportunity to say goodbye before transferring schools allows for the exchanging of contact information and planning to stay in touch, which can allow youth continuity in the caring relationships they have developed. This opportunity for continuity is critical for healthy development."
Arguments in Opposition
None on file
FISCAL COMMENTS
None. This bill has been keyed non-fiscal by the Legislative Counsel.
VOTES
ASM HUMAN SERVICES: 7-0-1
YES: Jackson, Sanchez, Alanis, Arambula, Bryan, Calderon, Garcia
ABS, ABST OR NV: Bonta
UPDATED
VERSION: April 20, 2023
CONSULTANT: Jessica Langtry / HUM. S. / (916) 319-2089 FN: 0000214
Date of Hearing: April 18, 2023
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Corey A. Jackson, Chair
ABPCA Bill Id:AB 1506 (
Author:Quirk-Silva) – As Amended Ver:March 16, 2023
SUBJECT: Foster youth
SUMMARY: Adds to the foster youth bill of rights, the right for a foster youth, when a move or change in placement requires a change in school, to be provided with the opportunity to return to their school to collect their belongings and get closure.
EXISTING LAW:
- States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being neglected, exploited, and/or physically, sexually, and emotionally abused and to ensure the safety of children who are at risk of that harm. Specifies that safety, protection, and physical and emotional well-being may include the provision of social and health services to help the child and family and a balanced focus on the health and well-being of the child along with the preservation of the family. (Welfare and Institutions Code Section [WIC] 300.2)
- Declares legislative intent to, whenever possible preserve and strengthen a child’s family ties and ensure that if the child is removed from their family, the state shall work to secure as nearly as possible for the child the custody, care, and discipline equivalent to that which should have been given to the child by their parents. Further, states legislative intent to reaffirm its commitment to children who are in out-of-home placement to live in the least restrictive setting and as close to the child’s family as possible, as specified. (WIC 16000)
- Enumerates 41 separate rights of minors and nonminors in foster care, including but not limited to the right to: live in a safe, healthy, and comfortable home where they are treated with respect; be free from physical, sexual, emotional, or other abuse, corporal punishment, or exploitation; receive adequate and healthy food, clothing, and, age-appropriate allowance; be placed in the least restrictive setting possible; have a placement that utilizes trauma-informed and evidence-based deescalation and intervention techniques; receive medical, dental, vision, mental health, substance use disorder services, and reproductive and sexual health care; have a caregiver, child welfare and probation personnel, and legal counsel who have received instruction on cultural competency and sensitivity relating to sexual orientation, and gender identity and expression; attend religious services and activities of their choice; be involved in the development of their own case plan and plan for permanent placement; review their own case plan and plan for permanent placement, if they are 10 years of age or older, and receive information about their out-of-home placement and case plan, including being told of changes to the plan; and, be provided with contact information for the Ombudsperson, at the time of each placement, and be free from threats or punishment for making complaints. (WIC 16001.9)
- Establishes the Office of the Foster Care Ombudsperson as an autonomous entity within the California Department of Social Services (CDSS) for the purpose of providing children who are placed in foster care with a means to resolve issues related to their care, placement, or services. (WIC 16161)
- Requires the Office of the Foster Care Ombudsperson to among other things, disseminate information and provide training and technical assistance to foster youth and relevant parties on the rights of children and youth in foster care, reasonable and prudent parent standards, and the services provided by the Office; investigate and attempt to resolve complaints made by or on behalf of children placed in foster care, related to their care, placement, or services; and, have access to copies of any record of a state or local agency, and contractors with state and local agencies, that is necessary to carry out their responsibilities, and may meet or communicate with any foster child in their placement or elsewhere. (WIC 16164)
- Requires the local educational agency serving the foster child, at the initial detention or placement, or any subsequent change in placement, to continue to allow their education in the school of origin for the duration of the jurisdiction of the court. (Education Code Section [EDC] 48853.5.(f))
- Defines “school of origin” to mean the school that the foster child attended when permanently housed or the school in which the foster child was last enrolled. Requires, if the school the foster child attended when permanently housed is different from the school in which the foster child was last enrolled, or if there is some other school that the foster child attended with which the foster child is connected and that the foster child attended within the immediately preceding 15 months, the educational liaison, in consultation with, and with the agreement of, the foster child and the person holding the right to make educational decisions for the foster child, to determine, in the best interests of the foster child, the school that shall be deemed the school of origin. (EDC 48853.5(g))
- Establishes the case plan as the foundation and central unifying tool in the child welfare system and seeks to ensure that the child receive protection and safe and proper care and case management, and that services are provided to the child and parents or other caretakers, as appropriate, in order to improve conditions in the parent’s home, to facilitate the safe return of the child to a safe home or the permanent placement of the child, and to address the needs of the child while in foster care. (WIC 16501.1 et seq.)
FISCAL EFFECT: This bill was keyed non-fiscal by the Legislative Counsel.
COMMENTS:
Background: Child Welfare Services (CWS). The purpose of California’s CWS system is to protect children from abuse and neglect and provide for their health and safety. When children are identified as being at risk of abuse, neglect or abandonment, county juvenile courts hold legal jurisdiction; these children are served by the CWS system through the appointment of a social worker. Through this system, there are multiple opportunities for the custody of the child, or their placement outside of the home, to be evaluated, reviewed and determined by the judicial system, in consultation with the child’s social worker, to help provide the best possible services to the child. The CWS system seeks to help children who have been removed from their homes reunify with their parents or guardians, whenever appropriate. However, the court may determine that an alternate permanent placement is more fitting and give preference to relatives or nonrelative extended family members. As of January 1, 2023, there are 52,265 youth between birth and up to 21 years old in foster care.
Foster youth placements. Many foster youth experience frequent placement changes while in foster care which can exacerbate their trauma that resulted from being removed from their parents and home. Data from the California Child Welfare Indicators Project show that for youth who are in care for 24 months or longer, 15% experienced five or more placements, and 44% experienced three or more placements. Stable placements are vital to the well-being of children and youth in foster care and many families are not adequately prepared to care for youth who have experienced abuse or neglect, which can lead to a poor placement match, necessitating frequent placement changes. Counties have procedures in place for transitioning foster youth from their current placement to any new placements and the youth are notified in advance. Social workers will discuss the new placement with the youth, relevant to their age and developmental level.
School of origin. Current law allows foster youth to attend the school they attended prior to being removed from their home or the school in which they were last enrolled. This is referred to as the school of origin. They are also granted the right, if the school they attended prior to removal is different from the school in which they were last enrolled, or if there is some other school they attended they are connected to, and they attended within the preceding 15 months, the educational liaison, in consultation with, and with the agreement of, the foster child and the person holding the right to make educational decisions for the foster child, to determine, in the best interests of the foster child, the school that shall be deemed the school of origin.
California Foster Youth Education Task Force (Task Force). The Task Force was created in 2004 to address critical issues related to foster youth education and seeks to improve educational outcomes for foster youth in California. The Task Force comprises subject matter experts representing more than 100 organizations and agencies, and grassroots stakeholders to improve the disparate educational outcomes for students in foster care. The California Department of Education (CDE), in consultation with the Task Force, developed a standardized notice of the educational rights of foster children, which includes the right to remain in their school of origin after moving to a new foster care placement. The notice is available to educational liaisons for foster children for dissemination on the Task Force’s website.
Foster Youth Bill of Rights. AB 899 (Liu), Chapter 683, Statues of 2001, adopted California’s Foster Youth Bill of Rights and required: social workers and probation officers to periodically inform children of these rights in an age-appropriate manner; the Office of the State Foster Care Ombudsperson to, in consultation with stakeholders, develop and disseminate information on these rights; and any facility licensed to provide foster care for six or more children to post a listing of these rights.
The Foster Youth Bill of Rights has been amended to add and clarify rights over time, most recently with AB 1735 (Bryan), Chapter 405, Statutes of 2022, clarified, in the Foster Youth Bill of Rights, that youth have the right to be provided a copy of the Foster Youth Bill of Rights in their primary language. The current list of rights for all minors and nonminors in foster care includes 41 enumerated rights, such as the right to receive adequate food, clothing, including the right to receive grooming and hygiene products regardless of sexual orientation and gender identity and expression; the right to an allowance to all youth regardless of placement type; and specifying that the allowance be age-appropriate.
Foster Care Ombudsperson. The Office of the Foster Care Ombudsperson was created to provide foster youth with an independent forum for review and resolution of concerns related to the care, placement, or services provided to children and youth in foster care. The Office of the Foster Care Ombudsperson is responsible for investigating and resolving complaints made by foster youth regarding their care and compiling data regarding contacts, investigations, and unresolved complaints. The Office of the Foster Care Ombudsperson is also responsible for disseminating information relating to the Foster Youth Bill of Rights and ensuring that children and youth in foster care know their rights. Additionally, the Office of the Foster Care Ombudsperson is responsible for reviewing amendments to laws applicable to foster youth at the end of every two-year legislative session and determining whether updates to the Foster Youth Bill of Rights should be recommended as a result of legislation passed during the previous legislative session.
Author’s Statement: “As a teacher for over three decades, I understand the importance of student's academic as well as social and emotional development. One of the hardest things for any student, was either entering a new school, or leaving a school and their friends; especially in the middle of a school year. Foster youth are more likely to move schools within the academic year than other students, and a number of them moved multiple times. Foster youth have a number of rights in current law. Adding the right for a foster youth to be able to ‘move with dignity’, provides an opportunity for a foster youth to gather their belongings, and the ability to say goodbye to classmates, friends, teachers and staff. We should do all we can to provide students the opportunity to have the closure that is important to their overall academic and social development.”
Need for this bill: The provisions of this bill seek to limit the negative impact on foster youth when a move or change in placement requires them to change schools, by clarifying they have the opportunity to return to their school to collect their belongings. By adding this to the Foster Youth Bill of Rights, foster youth can advocate for themselves and attempt to limit additional trauma when a change of placement is necessitated, by being able to return to their school and gather their things in a dignified way. While foster youth are allowed to stay in their school of origin after a change of placement, there are times when the geographical distance or other logistical and emotional factors necessitate a change in schools. Because these changes can often be abrupt, this bill seeks to limit the negative consequences of having to leave a school mid-year.
Equity Implications: Foster youth represent one of the most vulnerable and academically at-risk student groups, according to CDE and suffer poorer educational outcomes with higher rates of suspension and lower rates of graduation. According to the Legislative Analyst’s Office (LAO), in California, the populations reflected in foster care are predominantly youth of color as 21% are Black and 50% are Latino. Further highlighting the disproportionality comprising the foster youth population, the number of Black and Native American youth in foster care are four times larger than the number of the general population of Black and Native American youth in California. The LAO also states that racial disproportionalities and disparities are present within initial allegations and persist at all levels of the system—becoming the most pronounced for youth in care. Additionally, LGBTQ youth are also overrepresented in foster care, according to the UCLA Williams Institute, with 13.6 % of foster youth identifying as lesbian, gay, bisexual, or questioning, and 5.6% identifying as transgender, compared to 10.3% of California’s students in public middle and high schools identifying as LGBTQ. Allowing these youth who have faced so much trauma to be guaranteed the right to go back to their school to collect their belongings, will help to make a difficult situation less traumatic.
Policy Considerations: As described above, all foster youth have the explicit right to remain in their school and shall not be moved schools. Moving schools during an already traumatic life event has adverse and lasting impacts on the child’s life. It is unclear the instances this bill would be necessary given current law. However, in the event it is necessary to move schools it is vital to a foster youth’s well-being to be provided an opportunity to go back to school and gather their belongings when a change in placement has occurred. The Committee concurs it important to ensure the child is treated with dignity in the way they are allowed to collect items, but it is difficult to measure how these vulnerable youth would achieve “closure”.
Should this measure move forward, the author may wish to further understand why and when foster children’s rights are being violated and forcing school changes in order to ensure school changes are not occurring.
Additionally, as an alternative to “closure”, the Committee suggests that these youth be provided the opportunity to return to school with an adult of their choosing to accompany the child in a trauma-informed manner to collect their belongings.
Proposed Committee Amendments:
The Committee is proposing the author take the following amendments:
On page 6, on line 13, insert , to be provided with the opportunity to return to the child’s school with an adult of their choosing to accompany the child in a trauma-informed manner to collect their belongings when a move or change in placement requires the child to change schools,
On page 8, strike out lines 30-32, inclusive.
RELATED AND PRIOR LEGISLATION:
AB 1735 (Bryan), Chapter 405, Statutes of 2022, clarified, in the Foster Youth Bill of Rights, that youth have the right to be provided a copy of the Foster Youth Bill of Rights in their primary language. Added to the Foster Youth Bill of Rights, the right of foster youth to receive a copy of the court report, case plan, and transition to independent living plan in their primary language.
AB 317 (Patterson), Chapter 293, Statutes of 2021, clarified the role of the Foster Care Ombudsperson and allowed the Ombudsperson to notify the dependency counsel of a complaint; limiting investigations to those reasonably related to the complaint and to foster care; and, adding other lawful court orders to ways the Ombudsperson may access sealed records for the purpose of an investigation.
AB 1988 (Patterson) of 2020, would have required the Governor to appoint the Foster Care Ombudsperson, subject to confirmation by the Senate. AB 1988 was set to be heard in the Assembly Human Services Committee but the hearing was postponed by the committee.
AB 175 (Gipson), Chapter 417, Statutes of 2019, among other things, made changes to the Office of the Foster Care Ombudsperson’s responsibilities including collection and sharing of data related to the complaints by or on behalf of children placed in foster care, including a requirement that CDE share education rights complaints with the Office of the Foster Care Ombudsperson; requiring the materials used to inform foster children and youth of their rights be disseminated by the Office of the Foster Care Ombudsperson; and, requiring the Office of the Foster Care Ombudsperson to review amendments to laws applicable to foster youth at the end of every two-year legislative session and determine whether updates to the Foster Youth Bill of Rights should be recommended as a result of legislation passed during the previous legislative session.
AB 2119 (Gloria), Chapter 385, Statutes of 2018, clarified that a foster youth's right to be involved in the development of their own case plan and plan for permanent placement includes, but is not limited to, the development of case plan elements related to placement and gender affirming health care, with consideration of gender identity.
AB 2247 (Gipson), Chapter 674, Statutes of 2018, required a social worker or placement agency to implement a placement preservation strategy prior to changing a dependent child's placement, and required at least 14 days’ written notice to be given prior to a placement change, except in instances where delayed placement or prior notice of a placement change would endanger a child's health or safety or where all specified parties have agreed to waive these requirements.
AB 1067 (Gipson), Chapter 851, Statutes of 2016, included probation-supervised foster youth, and responsibilities for probation officers, in provisions of current law stipulating certain processes, requirements, and timelines regarding placement changes for foster youth who are dependents of the court.
AB 899 (Liu), Chapter 683, Statues of 2001, adopted California’s Foster Youth Bill of Rights and required: social workers and probation officers to periodically inform children of these rights in an age-appropriate manner; the Office of the State Foster Care Ombudsperson to, in consultation with stakeholders, develop and disseminate information on these rights; and any facility licensed to provide foster care for six or more children to post a listing of these rights.
REGISTERED SUPPORT / OPPOSITION:
Support
Child Abuse Prevention Center
Pacific Juvenile Defender Center
Opposition
None on file
Analysis Prepared by: Jessica Langtry / HUM. S. / (916) 319-2089
Discussed in Hearing
1MIN
Assembly Floor
6MIN
Senate Standing Committee on Human Services
4MIN
Assembly Standing Committee on Human Services
Bill Author
Bill Co-Author(s):