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 and  State
  state  policy, as specified, regarding gay
 or 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 gay 
and 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 gay  or 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 gay  or 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 gay  or
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 gay  or 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.