BILL NUMBER: AB 2651 ENROLLED
BILL TEXT
PASSED THE ASSEMBLY AUGUST 19, 2002
PASSED THE SENATE AUGUST 14, 2002
AMENDED IN SENATE AUGUST 8, 2002
AMENDED IN SENATE JUNE 19, 2002
AMENDED IN SENATE JUNE 12, 2002
AMENDED IN SENATE MAY 30, 2002
AMENDED IN ASSEMBLY APRIL 18, 2002
INTRODUCED BY Assembly Member Chu
(Coauthors: Assembly Members Aroner, Goldberg, Koretz, Longville,
and Steinberg)
(Coauthors: Senators Kuehl and Romero)
FEBRUARY 22, 2002
An act to amend Sections 903.8, 16001.9, 16164, and 16167 of, and
to add Section 16013 to, the Welfare and Institutions Code, relating
to social services.
LEGISLATIVE COUNSEL'S DIGEST
AB 2651, 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 policy, as
specified, regarding the rights of youth who are in foster care.
This bill would also express the intent of the Legislature that
the State Foster Care Ombudsperson address complaints brought by all
foster youth, including gay, lesbian, bisexual, or transgender foster
youth, regarding their care, placement, and services, and that the
toll-free hotline shall be available to all youth in foster care,
including those who are being physically, sexually, or emotionally
abused. This bill would require the State Foster Care Ombudsperson
to refer certain allegations to specified entities.
Existing law requires the department to develop and implement an
enhanced statewide basic foster parent training program, and permits
the training program to include various topics.
The bill would permit the foster parent training program to
include education on teenage sexual health and other methods of
protection against sexually transmitted diseases and AIDS. It would
also permit the training program to include topics related to gay and
lesbian foster youth.
Existing law requires the department to evaluate current foster
parent recruitment strategies and facilitate the expansion of
recruitment activities, especially targeting minority families for
the promotion of the placement of minority youth with trained and
culturally competent families of the same ethnicity and cultural
background.
This bill would also require that the department facilitate the
expansion of recruitment activities targeting gay, lesbian, bisexual,
or transgender foster parents for the promotion of the placement of
gay, lesbian, bisexual, or transgender foster youth with trained and
culturally competent families of the same cultural background.
This bill would provide that this program shall be implemented
only to the extent that funds for this purpose are appropriated by
the Legislature in the annual Budget Act or other statute.
This bill would incorporate additional changes in Section 16164 of
the Welfare and Institutions Code, proposed by AB 2294, to be
operative only if AB 2294 and this bill are both enacted and become
effective on or before January 1, 2003, and this bill is enacted
last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 903.8 of the Welfare and Institutions Code is
amended to read:
903.8. (a) Beginning January 1, 1994, the State Department of
Social Services shall develop and implement an enhanced statewide
basic foster parent training program. .
(b) The department, in cooperation with foster parents and
representatives from county placement agencies and other foster care
providers, shall do all of the following:
(1) Develop and implement curricula for teenage pregnancy
prevention and other special needs topics to supplement the core
curriculum. The teenage pregnancy prevention topics shall be based
upon public health fact-based materials and programs. Curricula for
teenage pregnancy prevention shall emphasize that abstinence from
sexual intercourse is the only protection that is 100 percent
effective against unwanted teenage pregnancy, sexually transmitted
diseases, and acquired immune deficiency syndrome (AIDS) when
transmitted sexually, and that all other methods of contraception
carry a risk of failure in preventing unwanted teenage pregnancy.
Special needs topics may include education on teenage sexual health
and other methods of protection against sexually transmitted diseases
and AIDS and the risks of failure in preventing contraction of the
disease. The curricula shall:
(A) Include statistics based on the latest medical information
citing the failure and success rates of condoms and other
contraceptives in preventing pregnancy.
(B) Stress that sexually transmitted diseases are serious possible
hazards of sexual intercourse, and shall include statistics based on
the latest medical information citing the failure and success rates
of condoms in preventing AIDS and other sexually transmitted
diseases.
(C) Include a discussion of the possible emotional and
psychological consequences of preadolescent and adolescent sexual
intercourse outside of marriage and the consequences of unwanted
adolescent pregnancy.
(D) The training of anyone in the role of a foster parent may also
include the following topics:
(i) Sensitivity to sexual orientation, gender identity, and the
challenges faced by gay, lesbian, bisexual, or transgender youth, or
youth with gender issues.
(ii) Sensitivity to the trauma faced by youth who have been
sexually or physically abused.
(2) Evaluate the current foster parent training funding formula
and explore funding alternatives to ensure that a permanent and
adequate funding source is available.
(3) Evaluate current recruitment strategies and facilitate the
expansion of recruitment activities, especially targeting both of the
following:
(A) Minority families for the promotion of the placement of
minority youth with trained and culturally competent families of the
same ethnicity and cultural background.
(B) Gay, lesbian, bisexual, or transgender foster parents for the
promotion of the placement of gay, lesbian, bisexual, or transgender
foster youth with trained and culturally competent families of the
same cultural background.
(4) In its foster parent recruitment and training effort, place
special emphasis on the recruitment of prospective foster parents
willing to accept sibling placements and the training of foster
parents to ensure they are able and ready to care for a sibling
group.
(c) It is not the intent of the Legislature and nothing in this
section shall be construed as requiring foster parents to participate
in this training program in whole or in part.
(d) This section shall be implemented only to the extent that
funds for this purpose are appropriated by the Legislature in the
annual Budget Act or other statute.
SEC. 2. 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. 3. 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) Race, color, national origin, political affiliation, religion,
marital status, gender, age, disability, sexual orientation, or
gender identity as a basis for discrimination is prohibited in the
delivery of benefits and services.
(b) Discrimination against any person, including discrimination
based on the sexual orientation or gender identity 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. 4. 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 all foster youth, including gay, lesbian,
bisexual, or transgender 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. 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 all foster youth, including gay, lesbian,
bisexual, or transgender 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.
(9) Provide a report directly to the appropriate fiscal and policy
committees of the Legislature at least every two years regarding
reports and complaints received by the office, and issues that arose
in the course of investigating complaints. The report shall include,
but not be limited to, a summary of trends and issues regarding
complaints as well as recommendations for addressing issues
identified through complaints or that have become apparent in the
course of investigations conducted by the office.
(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 made available to all youth in foster care to use
for any reason, including, but not limited to, that a youth in
foster care is being physically, sexually, or emotionally abused,
regardless of whether the abuse is specifically related to his or her
sexual orientation or gender identity.
SEC. 7. Section 5 of this bill incorporates amendments to Section
16164 of the Welfare and Institutions Code proposed by both this
bill and AB 2294. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2003, (2)
each bill amends Section 16164 of the Welfare and Institutions Code,
and (3) this bill is enacted after AB 2294, in which case Section 4
of this bill shall not become operative.