BILL NUMBER: AB 2651 AMENDED BILL TEXT AMENDED IN SENATE MAY 30, 2002 AMENDED IN ASSEMBLY APRIL 18, 2002 INTRODUCED BY Assembly Member Chu (Coauthors: Assembly Members Aroner, Goldberg, Longville, and Steinberg) (Coauthor: Senator Kuehl) FEBRUARY 22, 2002 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 declare legislative intent andStatestate policy, as specified, regarding gayor lesbian, lesbian, or transgendered 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 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 gayand lesbian, lesbian, or transgendered youth in foster care. This bill would establish goals with respect to gay and lesbian foster parents and gay, lesbian, or transgendered foster youth. 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: 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 Office of 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 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 or gender identity 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, in licensing, approval, and placement decisions , is prohibited. (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. SEC. 2. Section 16014 is added to the Welfare and Institutions Code, to read: 16014. 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 gayor lesbian, lesbian, or transgendered youth in foster care. SEC. 3. Section 16015 is added to the Welfare and Institutions Code, to read: 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 , gender identity, and HIV or AIDS status. (b) Sensitivity to sexual orientation , gender identity, and the challenges faced by gayor lesbian, lesbian, or transgendered youth, or youth with gender issues, and sensitivity to the trauma faced by youth who have been sexually or physically abused. (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. (d) The department's policies with regard to gayor lesbian, lesbian, or transgendered youth in foster care. SEC. 4. Section 16016 is added to the Welfare and Institutions Code, to read: 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 gayor lesbian, lesbian, or transgendered 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.