BILL NUMBER: AB 2096	CHAPTERED
	BILL TEXT

	CHAPTER  483
	FILED WITH SECRETARY OF STATE  SEPTEMBER 28, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 28, 2008
	PASSED THE SENATE  AUGUST 7, 2008
	PASSED THE ASSEMBLY  AUGUST 12, 2008
	AMENDED IN SENATE  AUGUST 4, 2008
	AMENDED IN SENATE  JUNE 19, 2008
	AMENDED IN ASSEMBLY  APRIL 3, 2008

INTRODUCED BY   Assembly Member Bass
   (Coauthors: Assembly Members Berg, Brownley, Dymally, Evans,
Galgiani, Hancock, Horton, Jones, Lieber, Ma, Maze, Portantino, and
Villines)

                        FEBRUARY 19, 2008

   An act to amend Sections 362.05 and 727 of the Welfare and
Institutions Code, relating to dependent children.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2096, Bass. Foster children: extracurricular activities.
   Existing law provides that every child adjudged a dependent child
of the juvenile court shall be entitled to participate in
age-appropriate extracurricular, enrichment, and social activities.
Existing law requires caregivers, as defined, to use a reasonable and
prudent parent standard, as defined, in determining whether to give
permission for a child residing in foster care to participate in
extracurricular, enrichment, and social activities.
   Existing law provides that a minor who has been found to have
violated a law or ordinance may be adjudged a ward of the court, and
the court may make any and all reasonable orders for the care of the
minor.
   This bill would, with respect to dependent children, require a
group home administrator and a facility manager, or his or her
responsible designee, to apply the reasonable and prudent parent
standard, as defined, in determining whether to give permission for a
child residing in foster care to participate in extracurricular,
enrichment, and social activities, and would also require that
reasonable steps be taken in determining the appropriateness of the
activity. The bill would encourage a group home administrator or a
facility manager, or his or her responsible designee, to consult with
social work or treatment staff members who are most familiar with
the child at the group home in applying and using the reasonable and
prudent parent standard.
   With respect to wards of the juvenile court, the bill would
provide that every ward is entitled to participate in age-appropriate
extracurricular, enrichment, and social activities. The bill would
require group home administrators, facility managers, and caregivers
to use a reasonable and prudent parent standard, as defined, in
determining whether to permit a ward who is in foster care to
participate in those activities. The bill would also require them to
take reasonable steps to determine the appropriateness of the
activity, as specified. The bill would encourage a group home
administrator or a facility manager, or his or her responsible
designee, to consult with social work or treatment staff members who
are most familiar with the child at the group home in applying and
using the reasonable and prudent parent standard.



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

  SECTION 1.  Section 362.05 of the Welfare and Institutions Code is
amended to read:
   362.05.  (a) Every child adjudged a dependent child of the
juvenile court shall be entitled to participate in age-appropriate
extracurricular, enrichment, and social activities. No state or local
regulation or policy may prevent, or create barriers to,
participation in those activities. Each state and local entity shall
ensure that private agencies that provide foster care services to
dependent children have policies consistent with this section and
that those agencies promote and protect the ability of dependent
children to participate in age-appropriate extracurricular,
enrichment, and social activities. A group home administrator, a
facility manager, or his or her responsible designee, and a
caregiver, as defined in paragraph (1) of subdivision (a) of Section
362.04, shall use a reasonable and prudent parent standard, as
defined in paragraph (2) of subdivision (a) of Section 362.04, in
determining whether to give permission for a child residing in foster
care to participate in extracurricular, enrichment, and social
activities. A group home administrator, a facility manager, or his or
her responsible designee, and a caregiver shall take reasonable
steps to determine the appropriateness of the activity in
consideration of the child's age, maturity, and developmental level.
   (b) A group home administrator or a facility manager, or his or
her responsible designee, is encouraged to consult with social work
or treatment staff members who are most familiar with the child at
the group home in applying and using the reasonable and prudent
parent standard.
  SEC. 2.  Section 727 of the Welfare and Institutions Code is
amended to read:
   727.  (a) When a minor is adjudged a ward of the court on the
ground that he or she is a person described by Section 601 or 602,
the court may make any and all reasonable orders for the care,
supervision, custody, conduct, maintenance, and support of the minor,
including medical treatment, subject to further order of the court.
To facilitate coordination and cooperation among governmental
agencies, the court may, after giving notice and an opportunity to be
heard, join in the juvenile court proceedings any agency that the
court determines has failed to meet a legal obligation to provide
services to the minor. However, no governmental agency shall be
joined as a party in a juvenile court proceeding in which a minor has
been ordered committed to the Department of the Youth Authority. In
any proceeding in which an agency is joined, the court shall not
impose duties upon the agency beyond those mandated by law. Nothing
in this section shall prohibit agencies which have received notice of
the hearing on joinder from meeting prior to the hearing to
coordinate services for the minor.
   The court has no authority to order services unless it has been
determined through the administrative process of an agency that has
been joined as a party, that the minor is eligible for those
services. With respect to mental health assessment, treatment, and
case management services pursuant to Chapter 26.5 (commencing with
Section 7570) of Division 7 of Title 1 of the Government Code, the
court's determination shall be limited to whether the agency has
complied with that chapter.
   In the discretion of the court, a ward may be ordered to be on
probation without supervision of the probation officer. The court, in
so ordering, may impose on the ward any and all reasonable
conditions of behavior as may be appropriate under this disposition.
A minor who has been adjudged a ward of the court on the basis of the
commission of any of the offenses described in subdivision (b) or
paragraph (2) of subdivision (d) of Section 707, Section 459 of the
Penal Code, or subdivision (a) of Section 11350 of the Health and
Safety Code, shall not be eligible for probation without supervision
of the probation officer. A minor who has been adjudged a ward of the
court on the basis of the commission of any offense involving the
sale or possession for sale of a controlled substance, except
misdemeanor offenses involving marijuana, as specified in Chapter 2
(commencing with Section 11053) of Division 10 of the Health and
Safety Code, or of an offense in violation of Section 12220 of the
Penal Code, shall be eligible for probation without supervision of
the probation officer only when the court determines that the
interests of justice would best be served and states reasons on the
record for that determination.
   In all other cases, the court shall order the care, custody, and
control of the minor to be under the supervision of the probation
officer who may place the minor in any of the following:
   (1) The approved home of a relative, or the approved home of a
nonrelative, extended family member as defined in Section 362.7. When
a decision has been made to place the minor in the home of a
relative, the court may authorize the relative to give legal consent
for the minor's medical, surgical, and dental care and education as
if the relative caretaker were the custodial parent of the minor.
   (2) A suitable licensed community care facility.
   (3) With a foster family agency to be placed in a suitable
licensed foster family home or certified family home which has been
certified by the agency as meeting licensing standards.
   (4) (A) Every child adjudged a ward of the juvenile court who is
residing in a placement as defined in paragraphs (1) to (3),
inclusive, shall be entitled to participate in age-appropriate
extracurricular, enrichment, and social activities. No state or local
regulation or policy may prevent, or create barriers to,
participation in those activities. Each state and local entity shall
ensure that private agencies that provide foster care services to
wards have policies consistent with this section and that those
agencies promote and protect the ability of wards to participate in
age-appropriate extracurricular, enrichment, and social activities. A
group home administrator, a facility manager, or his or her
responsible designee, and a caregiver, as defined in paragraph (1) of
subdivision (a) of Section 362.04, shall use a reasonable and
prudent parent standard, as defined in paragraph (2) of subdivision
(a) of Section 362.04, in determining whether to give permission for
a child residing in foster care to participate in extracurricular,
enrichment, and social activities. A group home administrator, a
facility manager, or his or her responsible designee, and a caregiver
shall take reasonable steps to determine the appropriateness of the
activity taking into consideration the child's age, maturity, and
developmental level.
   (B) A group home administrator or a facility manager, or his or
her responsible designee, is encouraged to consult with social work
or treatment staff members who are most familiar with the child at
the group home in applying and using the reasonable and prudent
parent standard.
   (b) When a minor has been adjudged a ward of the court on the
ground that he or she is a person described in Section 601 or 602 and
the court finds that notice has been given in accordance with
Section 661, and when the court orders that a parent or guardian
shall retain custody of that minor either subject to or without the
supervision of the probation officer, the parent or guardian may be
required to participate with that minor in a counseling or education
program including, but not limited to, parent education and parenting
programs operated by community colleges, school districts, or other
appropriate agencies designated by the court.
   (c) The juvenile court may direct any and all reasonable orders to
the parents and guardians of the minor who is the subject of any
proceedings under this chapter as the court deems necessary and
proper to carry out subdivisions (a) and (b), including orders to
appear before a county financial evaluation officer and orders
directing the parents or guardians to ensure the minor's regular
school attendance and to make reasonable efforts to obtain
appropriate educational services necessary to meet the needs of the
minor.
   When counseling or other treatment services are ordered for the
minor, the parent, guardian, or foster parent shall be ordered to
participate in those services, unless participation by the parent,
guardian, or foster parent is deemed by the court to be inappropriate
or potentially detrimental to the child.