BILL ANALYSIS Ó
AB 791
Page 1
ASSEMBLY THIRD READING
AB 791 (Ammiano)
As Amended March 30, 2011
Majority vote
JUDICIARY 10-0
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|Ayes:|Feuer, Wagner, Atkins, | | |
| |Dickinson, Silva, Huber, | | |
| |Huffman, Jones, Monning, | | |
| |Wieckowski | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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.
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.
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.
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
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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.
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.
FISCAL EFFECT : None
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
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.
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.
Existing law requires that foster youth receive a copy of their
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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.
Analysis Prepared by : Leora Gershenzon / JUD. / (916)
319-2334
FN: 0000176