Amended in Assembly January 6, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 474

Introduced by Assembly Member Stone

February 19, 2013

An act to amend Section begin delete 16516.5 of the Welfare and Institutions end delete begin insert 30324 of the Public Resources end insert Code, relating to begin delete child welfare services end delete begin insert coastal resources end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 474, as amended, Stone. begin delete Child welfare services. end delete begin insert California Coastal Commission: ex parte communications: disclosure forms. end insert

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Existing law, the California Coastal Act of 1976, establishes the California Coastal Commission and prohibits a member of the commission from conducting an ex parte communication unless the commission member fully discloses and makes public the ex parte communication, as specified. The act further requires the commission to adopt standard disclosure forms for reporting ex parte communications that include specified information relating to the date, time, and location of the communication, the identity of the person or persons initiating and the person receiving the communication, and a complete description of the content of the communication.

end insert begin insert

This bill would revise the information to be included in those standard disclosure forms to also include the identity of the person on whose behalf the communication was made, the identity of all persons present during the communication, and a complete, comprehensive description of the content of the ex parte communication, including a complete set of all text and graphic material that was part of the communication.

end insert begin delete

Existing law requires that all foster children placed in group homes by county welfare departments or county probation departments be visited at least monthly by a county social worker or probation officer, and specifies the funding sources for these monthly visits.

end delete begin delete

This bill would make a nonsubstantive change to that funding provision.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

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begin insert SECTION 1. end insert   

end insert

begin insert Section 30324 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

30324.  

(a) No commission member, nor any interested person,
shall conduct an ex parte communication unless the commission
member fully discloses and makes public the ex parte
communication by providing a full report of the communication
to the executive director within seven days after the communication
or, if the communication occurs within seven days of the next
commission hearing, to the commission on the record of the
proceeding at that hearing.

(b) (1) The commission shall adopt standard disclosure forms
for reporting ex parte communications which shall include, but
not be limited to, all of the following information:

(A) The date, time, and location of the communication.

(B) begin insert   end insert begin insert (i) end insert  The identity of the person or persons initiating and the
person or persons receiving the communication.

begin delete

(C) A complete description of the content of the communication,
including the complete text of any written material that was a part
of the communication.

end delete begin insert

(ii) The identity of the person on whose behalf the
communication was made.

end insert begin insert

(iii) The identity of all persons present during the
communication.

end insert begin insert

(C) A complete, comprehensive description of the content of the
ex parte communication, including a complete set of all text and
graphic material that was part of the communication.

end insert

(2) The executive director shall place in the public record any
report of an ex parte communication.

(c) Communications shall cease to be ex parte communications
when fully disclosed and placed in the commission’s official
record.

begin delete

SECTION 1.  

Section 16516.5 of the Welfare and Institutions
Code is amended to read:

16516.5.  

(a) Notwithstanding any other provision of law or
regulation, all foster children placed in group homes by county
welfare departments or county probation departments shall be
visited at least monthly by a county social worker or probation
officer. Each visit shall include a private discussion between the
foster child and the county social worker or probation officer. The
discussion shall not be held in the presence or immediate vicinity
of the group home staff. The contents of the private discussion
shall not be disclosed to the group home staff, except that the social
worker or probation officer may disclose information under any
of the following circumstances:

(1) The social worker or probation officer believes that the foster
child may be in danger of harming himself or herself, or others.

(2) The social worker or probation officer believes that
disclosure is necessary to meet the needs of the child.

(3) The child consents to disclosure of the information.

(b) (1) Before the 2011-12 fiscal year, notwithstanding Section
10101, the state shall pay 100 percent of the nonfederal costs
associated with the monthly visitation requirement in subdivision
(a) in excess of the minimum semiannual visits required under
current regulations.

(2) Notwithstanding subdivision (b), beginning in the 2011-12
fiscal year, and for each fiscal year thereafter, funding and
expenditures for programs and activities under this section shall
be in accordance with the requirements provided in Sections 30025
and 30026.5 of the Government Code.

end delete