BILL ANALYSIS                                                                                                                                                                                                    Ó


          |SENATE RULES COMMITTEE            |                   AB 791|
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          Bill No:  AB 791
          Author:   Ammiano (D)
          Amended:  3/30/11 in Assembly
          Vote:     21

           SENATE JUDICIARY COMMITTEE  :  5-0, 06/07/11
          AYES: Evans, Harman, Blakeslee, Corbett, Leno
          ASSEMBLY FLOOR  :  77-0, 04/28/11 - See last page for vote

           SUBJECT :    Dependent children: birth certificates

           SOURCE  :     Author

           DIGEST  :    This bill requires the court, when denying or 
          terminating reunification services with a parent or 
          guardian, to order that a dependent child's caregiver be 
          provided with the child's birth certificate, or, when 
          appropriate, if the child is 16 years of age or older, that 
          the child receive his or her birth certificate.

           ANALYSIS  :    Existing law provides that a child may be 
          removed from his or her parent's custody on the basis of 
          abuse or neglect and adjudged a dependent of the court.  
          (Welf. & Inst. Code Sec. 300.)

          Existing law provides that it is the intent of the 
          Legislature that caregivers are provided with basic 
          information about the children placed in their care in 
          order to provide for the child's basic educational and 


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          health-related needs, including, the child's birth 
          certificate.  (Welf. & Inst. Code Sec. 16010.4.)

          Existing law provides that a placing agency must provide a 
          caregiver a copy of the child's birth certificate within 30 
          days of receiving a copy of the birth certificate. (Welf. & 
          Inst. Code Sec. 16010.5.)

          Existing law provides that children and families in the 
          child welfare system should receive a specified amount of 
          time of reunification services.  Existing law provides that 
          the court consider several factors when determining whether 
          reunification services will benefit the child. (Welf. & 
          Inst. Code Sec. 361.5.)

          Existing law provides that when the court orders that a 
          termination of parental rights hearing be held, the court 
          must also order the termination of reunification services 
          to the parent or legal guardian.  (Welf. & Inst. Code Sec. 

          This bill requires the court when ordering termination or 
          denial of reunification services to also order that the 
          child's caregiver receive the child's birth certificate in 
          accordance with existing laws.  

          This bill also requires the court when ordering that 
          reunification services be denied or terminated to order, 
          when appropriate, that a child who is 16 years of age or 
          older receive his or her birth certificate. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   
          Local:  No

           SUPPORT  :   (Verified  6/8/11)

          California Youth Connection

           ARGUMENTS IN SUPPORT  :    According to the author's office:
               ÝThis bill] clarifies 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 



                                                                AB 791

               reunification services for a foster youth.  Caregivers 
               will be the recipients of the birth certificate and 
               the youth shall receive his or her birth certificate 
               if he or she is 16 years of age or older.  Ensuring 
               the birth certificate is received in a time 
               appropriate manner allows the social worker, caregiver 
               and youth enough time to engage in the process for 
               correcting inaccuracies on the birth certificate. 

               Many youth 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 copies of birth certificates, not only making 
               it difficult to sign foster youth up for educational 
               and extracurricular activities, but also making it 
               difficult to correct missing information or 
               inaccuracies on the birth certificate before the youth 
               ages out of care. 

               Some foster youth are aging out of the system with 
               inaccurate or missing information on their birth 
               certificates.  Even worse, some youth are aging out of 
               the system without having a birth certificate at all.  
               Despite law mandating otherwise, many foster youth and 
               their caregivers find themselves in this situation far 
               too many times. 

               Although the law says that caregivers and youth should 
               and 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.  ÝThis bill] provides this clarification. 

           ASSEMBLY FLOOR  :  77-0, 04/28/11
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, 
            Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, 
            Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, 
            Galgiani, Garrick, Gatto, Gordon, Grove, Hagman, 
            Halderman, Hall, Harkey, Hayashi, Roger Hernández, Hill, 



                                                                AB 791

            Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara, 
            Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, 
            Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan, 
            Perea, V. Manuel Pérez, Portantino, Silva, Skinner, 
            Smyth, Solorio, Swanson, Torres, Valadao, Wagner, 
            Wieckowski, Williams, Yamada, John A. Pérez
          NO VOTE RECORDED:  Gorell, Mitchell, Vacancy

          RJG:nl  6/8/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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