BILL NUMBER: SB 1178	CHAPTERED
	BILL TEXT

	CHAPTER  841
	FILED WITH SECRETARY OF STATE  SEPTEMBER 28, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 28, 2004
	PASSED THE SENATE  AUGUST 23, 2004
	PASSED THE ASSEMBLY  AUGUST 17, 2004
	AMENDED IN ASSEMBLY  AUGUST 9, 2004
	AMENDED IN SENATE  MAY 24, 2004
	AMENDED IN SENATE  APRIL 27, 2004
	AMENDED IN SENATE  MARCH 18, 2004

INTRODUCED BY   Senator Kuehl
   (Coauthor:  Assembly Member Steinberg)

                        FEBRUARY 9, 2004

   An act to add Sections 16002.5 and 16004.5 to the Welfare and
Institutions Code, relating to dependent children.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1178, Kuehl.  Dependent children:  parenting.
   Existing law authorizes the juvenile court to adjudge a child a
dependent child of the court if the child has suffered, or there is a
substantial risk that the child will suffer, among other things,
serious physical harm inflicted nonaccidentally upon the child by his
or her parent or guardian, or serious physical harm or illness as a
result of the failure or inability of the parent or guardian to
adequately supervise or protect that child.
   Existing law also provides for foster care placement situations
for dependent minors by state and local child welfare agencies.
   This bill, the Teen Parents in Foster Care Act, would make
legislative findings and declarations regarding the need to provide
resources and support to dependent minor parents.  This bill would
set forth ways in which the families of dependent minor parents may
be preserved, by assisting these parents in raising their children,
as well as participating in school and extracurricular activities.
The bill would encourage the department and local child welfare
agencies to collect data on the number of minors in foster care who
give birth and the number of minor parents who remain in placement
with their minor children, and to collect information to be used to
develop a more cost-effective infant supplemental payment rate
structure to more adequately reimburse caregivers.  The bill would
require child welfare agencies, to the greatest extent possible, to
identify and utilize whole family placements and other placement
models that provide supportive family focused care for dependent
teens and their children.
   To the extent that this bill would increase the duties of county
child welfare agencies, the 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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  This act shall be known and may be cited as the Teen
Parents in Foster Care Act.
  SEC. 2.  The Legislature finds and declares all of the following:
   (a) It is in the best interest of children whenever possible to be
raised in safe and secure birth families.  Dependent teen parents,
their children, and society at large all benefit when these young
families are given a reasonable opportunity and assistance to form
and remain a family.
   (b) Babies born to dependent teen parents are more likely to be
separated from their birth families than babies born to teen parents
who are not in the dependency system.
   (c) Teen parents in the foster care system have less access to
traditional support systems typically available to minor and first
time parents.  Additionally, expectations placed on dependent teen
parents are frequently unrealistic and inconsistent with their age
and developmental level.  However, dependent minor parents, given
opportunities, adequate resources, support, and guidance, are able to
successfully parent their children.
   (d) The current infant supplemental payment rate paid to a foster
parent who provides care for both a minor dependent parent and
infant, which is designed to provide for the costs of infant care,
such as transportation, food, shelter, clothing, and equipment,
including diapers and car seats, as well as the costs of mentoring
the foster child who is the infant's parent and assisting them to
develop parenting skills, is less than the basic AFDC-FC rate for an
infant placed into foster care and is not commensurate with the
rising costs of infant care.  Further, the low rate serves as a
disincentive in recruiting and retaining trained foster care
providers who are willing to care for both a dependent minor parent
and infant, and who are skilled in providing the mentoring services
and role modeling that these dependent minor parents need in order to
become successful parents.  Finally, the resulting shortage in
qualified foster care providers can cause teen parents and their
babies to be separated, disrupting the parent-child bond and
potentially severing family ties.
   (e) It is the intent of the Legislature in enacting this act to
preserve the continuity of the family unit and ensure the maintenance
and strengthening of family relationships between a dependent minor
parent and his or her child by ensuring that the courts and
responsible agencies shall, whenever possible, protect the best
interests of a dependent minor parent and his or her child as a unit,
and shall make diligent and active efforts to maintain relationships
between minor parents and their children, including, but not limited
to, placement of the minor parent and the child together in as
family-like a setting as possible.
  SEC. 3.  Section 16002.5 is added to the Welfare and Institutions
Code, to read:
   16002.5.  It is the intent of the Legislature to maintain the
continuity of the family unit and to support and preserve families
headed by minor parents who are themselves dependents of the juvenile
court by ensuring that minor parents and their children are placed
together in as family-like a setting as possible, unless it has been
determined that placement together poses a risk to the child.
   (a) To the greatest extent possible, dependent minor parents and
their children living in foster care shall be provided with access to
existing services for which they may be eligible, that are
specifically targeted at supporting, maintaining, and developing both
the parent-child bond and the minor parent's ability to provide a
permanent and safe home for the child.  Examples of these services
may include, but shall not be limited to, child care, parenting
classes, child development classes, and frequent visitation.
   (b) The minor parent shall be given the ability to attend school,
complete homework, and participate in age and developmentally
appropriate activities unrelated to and separate from parenting.
   (c) Foster care placements for minor parents and their children
shall demonstrate a willingness and ability to provide support and
assistance to dependent minor parents and their children.
   (d) Contact between the child, the custodial parent, and the
noncustodial parent shall be facilitated when that contact is found
to be in the best interest of the child.
   (e) For the purpose of this section, "child" refers to the child
born to the minor parent.
   (f) For the purpose of this section, "minor parent" refers to a
dependent child who is also a parent.
  SEC. 4.  Section 16004.5 is added to the Welfare and Institutions
Code, to read:
   16004.5.  (a) The Legislature finds and declares that there is an
urgent need to develop placement resources to permit minor parents
and their children to remain together in out-of-home care when the
minor parent is removed from the custody of his or her parents due to
abuse or neglect.
   (b) To the greatest extent possible, child welfare agencies, in
conjunction with providers and the state, and in conjunction with
ongoing development of placements and the allocation of existing
placement resources, shall identify and utilize whole family
placements and other placement models that provide supportive family
focused care for dependent teens and their children.  In identifying
these placements, child welfare agencies shall work with providers
and stakeholders to identify and develop programs and program models
designed to meet these goals.
   (c) In order to effectively plan, identify, and develop needed
resources, and effectively address the needs of this population, the
department and local child welfare agencies are encouraged to collect
data on the number of minors in foster care who give birth and the
number of minor parents who remain in placement with their minor
children.  The department shall aggregate the data annually.
   (d) In order to recruit, train, and retain qualified and
supportive foster care providers for this population, the department
and local child welfare agencies, in consultation with other
interested stakeholders, are encouraged to collect information to be
used to develop a more cost-effective infant supplemental payment
rate structure that more adequately reimburses caregivers for the
costs of infant care and teen parent mentoring.
  SEC. 5.  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.