BILL NUMBER: AB 1828	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Donnelly

                        FEBRUARY 18, 2014

   An act to amend Section 16010 of the Welfare and Institutions
Code, relating to foster care.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1828, as introduced, Donnelly. Foster children: health and
education records.
   Existing law requires, when a child is placed in foster care, the
case plan to include a summary of the health and education
information or records, including mental health information, of the
child. Existing law requires a child protective agency to, as soon as
possible, but not later than 30 days after initial placement of a
child into foster care, provide the caregiver with the child's
current health and education summary.
   This bill would make technical, nonsubstantive changes to those
provisions.
   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 16010 of the Welfare and Institutions Code is
amended to read:
   16010.  (a) When a child is placed in foster care, the case plan
for each child recommended pursuant to Section 358.1 shall include a
summary of the health and education information or records, including
mental health information or records, of the child. The summary may
be maintained in the form of a health and education passport, or a
comparable format designed by the child protective agency. The health
and education summary shall include, but not be limited to, the
names and addresses of the child's health, dental, and education
providers; the child's grade level performance; the child's school
record; assurances that the child's placement in foster care takes
into account proximity to the school in which the child is enrolled
at the time of placement; the number of school transfers the child
has already experienced; the child's educational progress, as
demonstrated by factors, including, but not limited to, academic
proficiency scores; credits earned toward graduation; a record of the
child's immunizations and allergies; the child's known medical
problems; the child's current medications, past health problems, and
hospitalizations; a record of the child's relevant mental health
history; the child's known mental health condition and medications;
and any other relevant mental health, dental, health, and education
information concerning the child determined to be appropriate by the
Director of Social Services. The health and education summary may
also include the name and contact information for the educational
liaison, as described in subdivision (b) of Section 48853.5 of the
Education Code, of the child's local educational agency. If any other
law imposes more stringent information requirements, then that
section shall prevail.
   (b) Additionally, a court report or assessment required pursuant
to subdivision (g) of Section 361.5, Section 366.1, subdivision (d)
of Section 366.21, or subdivision (c) of Section 366.22 shall include
a copy of the current health and education summary described in
subdivision (a). With respect to a nonminor dependent, as described
in subdivision (v) of Section 11400, a copy of the current health and
education summary shall be included in the court report only if and
when the nonminor dependent consents in writing to its inclusion.
   (c) As soon as possible, but not later than 30 days after initial
placement of a child into foster care, the child protective agency
shall provide the caregiver with the child's current health and
education summary as described in subdivision (a). For each
subsequent placement of a child or nonminor dependent, the child
protective agency shall provide the caregiver with a current summary
as described in subdivision (a) within 48 hours of the placement.
With respect to a nonminor dependent, as described in subdivision (v)
of Section 11400, the social worker or probation officer shall
advise the young adult of the social worker's or probation officer's
obligation to provide the health and education summary to the new
caregiver and the court, and shall discuss with the youth the
benefits and liabilities of sharing that information.
   (d) (1) Notwithstanding Section 827 or any other law, the child
protective agency may disclose any information described in this
section to a prospective caregiver or caregivers prior to placement
of a child if all of the following requirements are met:
   (A) The child protective agency intends to place the child with
the prospective caregiver or caregivers.
   (B) The prospective caregiver or caregivers are willing to become
the adoptive parent or parents of the child.
   (C) The prospective caregiver or caregivers have an approved
adoption assessment or home study, a foster family home license,
certification by a licensed foster family agency, or approval
pursuant to the requirements in Sections 361.3 and 361.4.
   (2) In addition to the information required to be provided under
this section, the child protective agency may disclose to the
prospective caregiver specified in paragraph (1), placement history
or underlying source documents that are provided to adoptive parents
pursuant to subdivisions (a) and (b) of Section 8706 of the Family
Code.
   (e) The child's caregiver shall be responsible for obtaining and
maintaining accurate and thorough information from physicians and
educators for the child's  summary   summary,
 as described in subdivision  (a)   (a),
 during the time that the child is in the care of the caregiver.
On each required visit, the child protective agency or its designee
family foster agency shall inquire of the caregiver whether there is
any new information that should be added to the child's summary as
described in subdivision (a). The child protective agency shall
update the summary with the information as appropriate, but not later
than the next court date or within 48 hours of a change in
placement. The child protective agency or its designee family foster
agency shall take all necessary steps to assist the caregiver in
obtaining relevant health and education information for the child's
health and education summary as described in subdivision (a). The
caregiver of a nonminor dependent, as described in subdivision (v) of
Section 11400, is not responsible for obtaining and maintaining the
nonminor dependent's health and educational information, but may
assist the nonminor dependent with any recordkeeping that the
nonminor requests of the caregiver.
   (f) At the initial hearing, the court shall direct each parent to
provide to the child protective agency complete medical, dental,
mental health, and educational information, and medical background,
of the child and of the child's mother and the child's biological
father if known. The Judicial Council shall create a form for the
purpose of obtaining health and education information from the child'
s parents or guardians at the initial hearing. The court shall
determine at the hearing held pursuant to Section 358 whether the
medical, dental, mental health, and educational information has been
provided to the child protective agency.