California Legislature—2013–14 Regular Session

Assembly Bill No. 196

Introduced by Assembly Member Mansoor

January 28, 2013

An act to amend Section 16000 of the Welfare and Institutions Code, relating to foster care.

LEGISLATIVE COUNSEL’S DIGEST

AB 196, as introduced, Mansoor. Foster care services.

Existing law declares the intent of the Legislature to preserve and strengthen a child’s family ties whenever possible, removing the child from the custody of his or her parents only when necessary for his or her welfare or for the safety and protection of the public. Existing law includes various provisions relating to the provision of appropriate placement and other services for children in foster care.

This bill would make a technical, nonsubstantive change to a provision relating to foster children.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 16000 of the Welfare and Institutions
Code is amended to read:

16000.  

(a) It is the intent of the Legislature to preserve and
strengthen a child’s family ties whenever possible, removing the
child from the custody of his or her parents only when necessary
for his or her welfare or for the safety and protection of the public.
If a child is removed from the physical custody of his or her
parents, preferential consideration shall be given whenever possible
to the placement of the child with the relative as required by
Section 7950 of the Family Code. If the child is removed from his
or her own family, it is the purpose of this chapter to secure as
nearly as possible for the child the custody, care, and discipline
equivalent to that which should have been given to the child by
his or her parents. It is further the intent of the Legislature to
reaffirm its commitment to children who are in out-of-home
placement to live in the least restrictive, most family like setting
and to live as close to the child’s family as possible pursuant to
subdivision (c) of Section 16501.1. Family reunification services
shall be provided for expeditious reunification of the child with
his or her family, as required by law. If reunification is not possible
or likely, a permanent alternative shall be developed.

(b) It is further the intent of the Legislature to ensure that all
pupils in foster care and those who are homeless as defined by the
federal McKinney-Vento Homeless Assistance Act (42 U.S.C.
Sec. 11301 et seq.) have the opportunity to meet the challenging
state pupil academic achievement standards to which all pupils
are held. In fulfilling their responsibilities to pupils in foster care,
educators, county placing agencies, care providers, advocates, and
the juvenile courts shall work together to maintain stable school
placements and to ensure that each pupil is placed in the least
restrictive educational programs, and has access to the academic
resources, services, and extracurricular and enrichment activities
that are available to all pupils. In all instances, educational and
school placement decisions begin delete must end delete begin insert shall end insert be based on the best interests
of the child.