SB 342, as introduced, Yee. Foster children: social worker: visits.
Existing law requires that all foster children who are 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 that each visit include a private discussion between the foster child and the county social worker or probation officer that is not held in the presence or immediate vicinity of the group home staff. Existing law also requires a county social worker or probation officer to make a regular visit with a child in any licensed, certified, or approved foster home, and requires that the visit include a private discussion between the foster child and the social worker or probation officer that is not held in the presence or immediate vicinity of the foster parent or caregiver.
This bill would require that the visits described above occur in the group home or foster home, respectively. The bill would also require the social worker or probation officer to advise the foster child that he or she has the right to request that the private discussion occur outside the group home or foster home. The bill would provide, however, that if a foster child requests to have a private discussion outside the group home or foster home, that private discussion outside the group home or foster home shall not replace the visit in the group home or foster home. By imposing additional duties on county employees, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 16516.5 of the Welfare and Institutions
2Code is amended to read:
(a) Notwithstanding any other provision of law or
4regulation, all foster childrenbegin insert who areend insert placed in group homes by
5county welfare departments or county probation departments shall
6be visitedbegin insert in the group homeend insert at least monthly by a county social
7worker or probation officer. Each visit shall include a private
8discussion between the foster child and the county social worker
9or probation officer. The discussion shall not be held in the
10presence or immediate vicinity of the group home staff.begin insert The social
11worker or probation officer shall
advise the foster child that he or
12she has the right to request that the private discussion occur
13outside the group home. If a foster child requests to have a private
14discussion outside the group home, that private discussion outside
15the group home shall not replace the visit in the group home.end insert The
16contents of the private discussion shall not be disclosed to the
17group home staff, except that the social worker or probation officer
18may disclose information under any of the following circumstances:
19(1) The social worker or probation officer believes that the foster
20child may be in danger of harming himself or herself, or others.
21(2) The social worker or probation officer believes that
22disclosure is necessary to meet the needs of the child.
23(3) The child consents to disclosure of the information.
24(b) (1) Prior to the 2011-12 fiscal year, notwithstanding Section
2510101, the state shall pay 100 percent of the nonfederal costs
26associated with the monthly visitation requirement in subdivision
27(a) in excess of the minimum semiannual visits required under
28current regulations.
P3 1(2) Notwithstanding subdivision (b), beginning in the 2011-12
2fiscal year, and for each fiscal year thereafter, funding and
3expenditures for programs and activities under this section shall
4be in accordance with the requirements provided in Sections 30025
5and 30026.5 of the Government Code.
Section 16516.6 of the Welfare and Institutions Code
7 is amended to read:
When a county social worker or probation officer
9makes a regular visit with a child in any licensed, certified, or
10approved foster home, the visit shallbegin insert occur in the foster home and
11shallend insert include a private discussion between the foster child and the
12social worker or probation officer. The discussion shall not be held
13in the presence or immediate vicinity of the foster parent or
14caregiver.begin insert The social worker or probation officer shall advise the
15foster child that he or she has the right to request that the private
16discussion occur outside the foster home. If a foster child requests
17to have a private discussion outside the
foster home, that private
18discussion outside the foster home shall not replace the visit in the
19foster home.end insert The contents of the private discussion shall not be
20disclosed to the foster parent or caregiver, except that the social
21worker or probation officer may disclose information under any
22of the following circumstances:
23(a) The social worker or probation officer believes that the foster
24child may be in danger of harming himself or herself, or others.
25(b) The social worker or probation officer believes that
26disclosure is necessary to meet the needs of the child.
27(c) The child consents to disclosure of the information.
If the Commission on State Mandates determines that
29this act contains costs mandated by the state, reimbursement to
30local agencies and school districts for those costs shall be made
31pursuant to Part 7 (commencing with Section 17500) of Division
324 of Title 2 of the Government Code.
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