BILL ANALYSIS Ó
AB 791
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Date of Hearing: April 5, 2011
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
AB 791 (Ammiano) - As Amended: March 30, 2011
SUBJECT : Dependent children: BIRTH CERTIFICATES
KEY ISSUE : IN ORDER TO HELP ENSURE THAT FOSTER CHILDREN HAVE
NECESSARY IDENTITY DOCUMENTS, SHOULD THE JUVENILE COURT BE
REQUIRED to order that foster YOUTH AND THEIR CAREGIVERS be
given a copy of the birth CERTIFICATE WHENEVER REUNIFICATION
SERVICES WITH THE PARENTS CEASE?
FISCAL EFFECT : As currently in print this bill is keyed
non-fiscal.
SYNOPSIS
Each year, approximately 4,000-5,000 youth emancipate out of the
foster care system without a loving family to help guide and
support them. Often, they also emancipate without proper
records, including an accurate birth certificate. A birth
certificate is also necessary before emancipation, required to
sign up for school or certain extracurricular activities. This
bill, sponsored by the California Foster Care Ombudsman Office,
seeks to ensure that both foster youth and their caregivers have
a copy of their birth certificate. Existing law already
requires that caregivers and older youth receive copies of the
birth certificate. This bill seeks to ensure this actually
happens by requiring the court to order that it does when either
reunification services for the parents are not ordered or, if
ordered, terminate.
SUMMARY : Specifies that the court shall order caregivers and
foster children to receive copies of the foster children's birth
certificate, as specified. Specifically, this bill requires
that whenever a dependency court determines that it will not
order reunification services or terminates such services, it
shall order that (1) the child's caregiver receive the child's
birth certificate in compliance with Welfare and Institutions
Code Sections 16010.4 and 16010.5, and (2) when appropriate, the
child, if the child is 16 years or older, receive his or her
birth certificate.
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EXISTING LAW :
1)Provides that a child may become a dependent of the juvenile
court and removed from his or her parents or guardian on the
basis of abuse or neglect. (Welfare and Institutions Code
Section 300. Unless otherwise stated, all further statutory
references are to that code.)
2)Declares the intent of the Legislature that caregivers have
certain basic information in order to provide for the needs of
children placed in their care, including a copy of the child's
birth certificate, passport, or other identifying
documentation of age as may be required for enrollment in
school and extracurricular activities. (Sections 16010.4(e).)
3)As soon as possible after placing a child into foster care,
and no later than 30 days after placing the child, requires
the placing agency to provide to the child's caregiver any
available documentation or proof of the child's age that may
be required for enrollment in school or activities that
require proof of age. Within 30 days of receiving a copy of a
child's birth certificate or passport, requires the placing
agency to provide a copy of that document to the child's
caregiver. (Section 16010.5.)
4)Requires the county welfare department, at any hearing to
terminate jurisdiction over a dependent child who has reached
the age of majority, to submit a report to the court verifying
that certain information, documents and services have been
provided to the child, including documents such as a social
security card, birth certificate and proof of citizenship and
assistance in obtaining health insurance, housing, employment
and financial aid for higher education. (Section 11403.)
COMMENTS : Each year, approximately 4,000-5,000 youth emancipate
out of the foster care system without a loving family to help
guide and support them. Often, they also emancipate without
proper records, including an accurate birth certificate. A
birth certificate is also necessary before emancipation,
required to sign up for school or certain extracurricular
activities. This bill, sponsored by the California Foster Care
Ombudsman Office, seeks to ensure that both foster youth and
their caregivers have a copy of the birth certificate. Existing
law already requires that caregivers and older youth receive
copies of the birth certificate. This bill seeks to ensure this
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actually happens by requiring the court to order that it does
when either reunification services for the parents are not
ordered or, if ordered, terminate.
According to the author:
Currently, there are many foster youth who age out of
the child welfare system and are not provided with
their correct and certified birth certificate.
Additionally, while in the child welfare system,
caregivers of foster youth are not being provided
birth certificates making it difficult to sign foster
youth up for educational and extracurricular
activities.
Despite law mandating otherwise, many foster youth and
their caregivers are not receiving a copy of the youth's
certified birth certificate, making it especially difficult
if the youth is emancipating out of the child welfare
system. . . .
Although the law says that caregivers and youth must be
provided a copy of their birth certificate, further
clarification is needed as to when and who is responsible
for obtaining the birth certificate. AB 791 would clarify
existing law by initiating the process of obtaining and
providing a foster youth's birth certificate when the court
denies the order for reunification services or orders the
termination of reunification services for a foster youth.
Continuation of court jurisdiction if documents and services are
not verified . Courts currently have authority to retain
jurisdiction over an individual who reached the age of majority
while in foster care but is under the age of 21. Existing law
flags in particular that courts may retain jurisdiction over a
non-minor if the county welfare department has not verified its
provision of specific documents, including the birth
certificate, and services to the youth prior to the hearing to
terminate court jurisdiction. However, it is far better to get
the vital records to foster youth before they emancipate, rather
than retaining jurisdiction over the youth simply to provide his
or her birth certificate.
This bill seeks to ensure that children and their caregivers
have copies of a critical vital record . Existing law requires
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that foster youth receive a copy of their birth certificate
before they emancipate. Their caregivers are required to
receive proof of age within 30 days of placement and a copy of
the birth certificate within 30 days of when the child welfare
agency receives it. Proof of age is critical for enrollment in
school and participation in various extracurricular activities,
such as sports activities.
In addition to the other requirements, this bill requires the
court to order that the child's caregiver be given a copy of the
birth certificate when reunification services for the parents
either terminate or are not ordered in the first place. At this
point, it is highly unlikely that the child will reunite with
his or her parents and it is, therefore, an appropriate time to
ensure that the caregiver has a copy of this vital record. In
addition, the bill requires the court to order that if the
foster youth is 16 or older, he or she be provided with a copy
of the birth certificate, when appropriate. These requirements
will help make it more likely that foster youth can be signed up
for school and other activities and will have their birth
certificates when they emancipate.
Previous Legislation : The initial requirements regarding
essential documents, services and information for youth exiting
foster care were created by AB 686 (Aroner), Chap. 911, Stats.
2000. The most recent additions to the requirements were
created by AB 2310 (Maze), Chap. 131, Stats. 2008.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Leora Gershenzon / JUD. / (916)
319-2334
AB 791
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