BILL NUMBER: AB 2651 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 18, 2002
INTRODUCED BY Assembly Member Chu
FEBRUARY 22, 2002
An act to add Sections 16013, 16014, 16015, 16016, 16017,
and 16018 to the Welfare and Institutions Code, relating to social
services. An act to amend Sections 16001.9, 16164, and
16167 of, and to add Sections 16013, 16014, 16015, and 16016 to, the
Welfare and Institutions Code, relating to social services.
LEGISLATIVE COUNSEL'S DIGEST
AB 2651, as amended, Chu. Foster youth.
Existing law provides for the placement of certain youth in foster
care, and provides for child welfare services for, among other
purposes, the protection and promotion of the welfare of all youth,
including those in foster care.
Existing law also establishes the Office of the State Foster Care
Ombudsperson within the State Department of Social Services for the
purpose of providing youth placed in foster care with a means of
resolving issues related to their care, placement, or services.
Existing law establishes a statewide toll-free telephone number
for foster care youth to contact the Office of the State Foster Care
Ombudsperson.
This bill would require the department to adopt
regulations declare legislative intent and State
policy , as specified, regarding gay or lesbian youth who are
in foster care, including training requirements for foster parents
and foster care staff , and issues pertaining to discrimination
based on, among other things, race, sexual orientation, and medical
condition .
This bill would require the department to establish a
statewide toll-free hotline for gay or lesbian foster care youth who
are abused or in danger of being abused because of their sexuality
also express the intent of the Legislature with
respect to the duties of the State Foster Care Ombudsperson, and the
availability of the toll-free hotline with respect to gay and lesbian
youth in foster care .
This bill would establish goals with respect to gay and lesbian
foster parents and foster youth. The bill would require
each county to distribute resource guides to foster youth, foster
care staff, foster parents, and the biological families of foster
youth. It would also require each county to provide foster youth
with information about sexuality and sexual health including gay or
lesbian issues and the prevention of HIV or AIDS and other sexually
transmitted diseases.
By imposing additional duties upon each county, this bill would
impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
This bill would also require the department to make diligent
efforts to locate foster care placement resources that would allow
children in state custody to practice their religious faiths, and
would require the department to promulgate related regulations.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 16001.9 of the Welfare and Institutions
Code is amended to read:
16001.9. (a) It is the policy of the state that all children in
foster care shall have the following rights:
(1) To live in a safe, healthy, and comfortable home where he or
she is treated with respect.
(2) To be free from physical, sexual, emotional, or other abuse,
or corporal punishment.
(3) To receive adequate and healthy food, adequate clothing, and,
for youth in group homes, an allowance.
(4) To receive medical, dental, vision, and mental health
services.
(5) To be free of the administration of medication or chemical
substances, unless authorized by a physician.
(6) To contact family members, unless prohibited by court order,
and social workers, attorneys, foster youth advocates and supporters,
Court Appointed Special Advocates (CASA), and probation officers.
(7) To visit and contact brothers and sisters, unless prohibited
by court order.
(8) To contact the Community Care Licensing Division of the State
Department of Social Services or the State Foster Care Ombudsperson
regarding violations of rights, to speak to representatives of these
offices confidentially, and to be free from threats or punishment for
making complaints.
(9) To make and receive confidential telephone calls and send and
receive unopened mail, unless prohibited by court order.
(10) To attend religious services and activities of his or her
choice.
(11) To maintain an emancipation bank account and manage personal
income, consistent with the child's age and developmental level,
unless prohibited by the case plan.
(12) To not be locked in any room, building, or facility premises,
unless placed in a community treatment facility.
(13) To attend school and participate in extracurricular,
cultural, and personal enrichment activities, consistent with the
child's age and developmental level.
(14) To work and develop job skills at an age-appropriate level
that is consistent with state law.
(15) To have social contacts with people outside of the foster
care system, such as teachers, church members, mentors, and friends.
(16) To attend Independent Living Program classes and activities
if he or she meets age requirements.
(17) To attend court hearings and speak to the judge.
(18) To have storage space for private use.
(19) To review his or her own case plan if he or she is over 12
years of age and to receive information about his or her out-of-home
placement and case plan, including being told of changes to the plan.
(20) To be free from unreasonable searches of personal belongings.
(21) To confidentiality of all juvenile court records consistent
with existing law.
(22) To be free from discrimination and harassment based on actual
or perceived race, color, religion, ancestry, ethnicity, national
origin, physical or mental disability, medical condition, sex,
including gender identity, or sexual orientation.
(b) Nothing in this section shall 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.
SEC. 1.5. Section 16013 is added to the Welfare and
Institutions Code, to read:
16013. The State Department of Social Services shall develop
regulations relating to the management of foster care youths that
implement the following policies:
16013. The Legislature finds and declares that, in an effort to
enhance care and improve the well-being of youth in foster care,
providers should be ensured the following protections:
(a) Sexual orientation as a basis for discrimination is prohibited
in the delivery of benefits and services .
(b) Discrimination based on the sexual orientation of foster
parents and other foster household members, not only in
licensing in licensing, approval, and placement
decisions but in all interactions , is prohibited.
(c) Employment discrimination and harassment based on the sexual
orientation of foster care staff is prohibited. All reasonable steps
necessary shall be taken to prevent harassment from occurring.
(d) Discrimination in the provision of services on the basis of
HIV or AIDS status is prohibited.
(e)
(c) Discrimination based on the HIV or AIDS status of foster
parents who are able to perform foster care responsibilities and of
other foster household members is prohibited.
(f) Employment discrimination and harassment based on the HIV or
AIDS status of foster care staff is prohibited. All reasonable steps
necessary shall be taken to prevent harassment from occurring. All
group facilities for foster care youths shall be made a safe
environment for gay or lesbian youth and additional specialized
services shall be provided.
SEC. 2. Section 16014 is added to the Welfare and Institutions
Code, to read:
16014. (a) It is the goal of this state that
foster parents, including , but not limited to, gay or
lesbian adults, shall be identified who are interested in caring for
gay or lesbian youth in foster care.
(b) It is further the goal of this state that one-on-one and group
counseling services shall be provided for gay or lesbian youth in
foster care throughout California.
(c) Each county, working in collaboration with community groups
and nonprofit entities, shall distribute resource guides to foster
youth, foster care staff, foster parents, and biological families of
foster youth.
(d) Each county shall provide foster care youth with
developmentally appropriate information and resources about sexuality
and sexual health, including gay or lesbian issues, and the
prevention of HIV or AIDS and other sexually transmitted diseases.
SEC. 3. Section 16015 is added to the Welfare and Institutions
Code, to read:
16015. The department shall develop the following regulations in
relation to the training of individuals involved in the management of
foster care youth:
(a) Training shall be required of all foster parents and foster
care staff about the policies
16015. It is the intent of the Legislature that the training of
caregivers and foster parents include all of the following topics:
(a) Policies and applicable state laws barring
discrimination on the basis of sexual orientation and HIV or AIDS
status.
(b) Training shall be required of all foster parents and foster
care staff on sensitivity
(b) Sensitivity to sexual orientation and the challenges
faced by gay or lesbian youth , or youth with gender issues, and
sensitivity to the trauma faced by youth who have been sexually or
physically abused .
(c) Training shall be required of all foster parents and foster
care staff on supporting foster care youth in coming out as gay or
lesbian.
(d) Training shall be required of all foster parents and foster
care staff on educating
(c) Educating gay or lesbian youth in foster care about
their sexuality and sexual health, including prevention of HIV or
AIDS and other sexually transmitted diseases.
(e) Training shall be required of all foster care staff on the
(d) The department's policies with regard to gay or lesbian
youth in foster care.
SEC. 4. Section 16016 is added to the Welfare and Institutions
Code, to read:
16016. The department shall adopt regulations consistent with
state law to ensure the confidentiality of the HIV or AIDS status of
foster care youth.
SEC. 5. Section 16017 is added to the Welfare and Institutions
Code, to read:
16017. The department shall adopt regulations describing the
steps that the Office of the State Foster Care Ombudsperson will take
in cases of confirmed or suspected abuse of gay or lesbian foster
youth by other foster children or by foster care providers.
SEC. 6. Section 16018 is added to the Welfare and Institutions
Code, to read:
16018. The department shall create a statewide toll-free hotline
for gay or lesbian foster care youth who are being physically or
emotionally abused because of their sexuality. The regulations shall
include followup procedures to ensure that foster care youth who
call the hotline are not being abused or in danger of being abused.
SEC. 7. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
16016. It is the goal of this state to ensure that children in
foster care maintain contact with their families and communities,
including religious communities, to the extent consistent with their
physical and psychological safety. To further this goal the
department shall do both of the following:
(a) By June 30, 2003, promulgate regulations that ensure that
whenever removal of a child from his or her home is contemplated, the
responsible social worker shall ask the parent or legal guardian
whether the child has a religious affiliation, including an
affiliation with a particular religious institution.
(b) Make diligent efforts to locate placement resources that will
allow children in state custody to practice their religious faiths,
including those religious practices that require attention to aspects
of daily living including diet, dress, social interaction, and
special holiday observations, in order to protect the right of these
children to the free exercise of religion.
SEC. 5. Section 16164 of the Welfare and Institutions Code is
amended to read:
16164. (a) The Office of the State Foster Care Ombudsperson shall
do all of the following:
(1) Disseminate information on the rights of children and youth in
foster care and the services provided by the office. The rights of
children and youths in foster care are listed in Section 16001.9.
The information shall include notification that conversations with
the office may not be confidential.
(2) Investigate and attempt to resolve complaints made by or on
behalf of children placed in foster care, related to their care,
placement, or services. It is the intent of the Legislature
that the Office of the State Foster Care Ombudsperson shall address
complaints brought by gay or lesbian foster youth regarding their
care, placement, and services. The Ombudsperson shall refer
allegations of violations of licensing regulations to the Community
Care Licensing Division, and shall refer allegations of civil rights
violations to the Office of Civil Rights.
(3) Decide, in its discretion, whether to investigate a complaint,
or refer complaints to another agency for investigation.
(4) Upon rendering a decision to investigate a complaint from a
complainant, notify the complainant of the intention to investigate.
If the office declines to investigate a complaint or continue an
investigation, the office shall notify the complainant of the reason
for the action of the office.
(5) Update the complainant on the progress of the investigation
and notify the complainant of the final outcome.
(6) Document the number, source, origin, location, and nature of
complaints.
(7) Compile and make available to the Legislature all data
collected over the course of the year including, but not limited to,
the number of contacts to the toll-free telephone number, the number
of complaints made, the number of investigations performed by the
office, the number of referrals made, and the number of unresolved
complaints.
(8) Have access to any record of a state or local agency that is
necessary to carry out his or her responsibilities, and may meet or
communicate with any foster child in his or her placement or
elsewhere.
(b) The office may establish, in consultation with a committee of
interested individuals, regional or local foster care ombudsperson
offices for the purposes of expediting investigations and resolving
complaints, subject to appropriations in the annual Budget Act.
(c) (1) The office, in consultation with the California Welfare
Directors Association, Chief Probation Officers of California, foster
youth advocate and support groups, groups representing children,
families, foster parents, children's facilities, and other interested
parties, shall develop, no later than July 1, 2002, standardized
information explaining the rights specified in Section 16001.9. The
information shall be developed in an age-appropriate manner, and
shall reflect any relevant licensing requirements with respect to
foster care providers' responsibilities to adequately supervise
children in care.
(2) The office, counties, foster care providers, and others may
use the information developed in paragraph (1) in carrying out their
responsibilities to inform foster children and youth of their rights
pursuant to Section 1530.91 of the Health and Safety Code, Sections
27 and 16501.1, and this section.
SEC. 6. Section 16167 of the Welfare and Institutions Code is
amended to read:
16167. (a) A toll-free telephone number shall be
established for the office.
(b) Social workers shall provide foster children with the
toll-free telephone number for the office and verbal or
written information regarding the existence and purpose of the
office.
(c) It is the intent of the Legislature that the toll-free
telephone number be available to gay or lesbian youth in foster care
who are being physically, sexually, or emotionally abused because of
their sexuality.