BILL NUMBER: SB 342	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Yee

                        FEBRUARY 20, 2013

   An act to amend Sections 16516.5 and 16516.6 of the Welfare and
Institutions Code, relating to foster children.


	LEGISLATIVE COUNSEL'S DIGEST


   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 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  who are  placed in group
homes by county welfare departments or county probation departments
shall be visited  in the group home  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
social worker or probation officer shall   advise the foster
child that he or she has the right to request that the private
discussion occur outside the group home. If a foster child requests
to have a private discussion outside the group home, that private
discussion outside the group home shall not replace the visit in the
group home.  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) Prior to 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.
  SEC. 2.  Section 16516.6 of the Welfare and Institutions Code is
amended to read:
   16516.6.  When a county social worker or probation officer makes a
regular visit with a child in any licensed, certified, or approved
foster home, the visit shall  occur in the foster home and shall
 include a private discussion between the foster child and the
social worker or probation officer. The discussion shall not be held
in the presence or immediate vicinity of the foster parent or
caregiver.  The social worker or probation officer shall advise
the foster child that he or she has the right to request that the
private discussion occur outside the foster home. If a foster child
requests to have a private discussion outside the   foster
home, that private discussion outside the foster home shall not
replace the visit in the foster home.  The contents of the
private discussion shall not be disclosed to the foster parent or
caregiver, except that the social worker or probation officer may
disclose information under any of the following circumstances:
   (a) The social worker or probation officer believes that the
foster child may be in danger of harming himself or herself, or
others.
   (b) The social worker or probation officer believes that
disclosure is necessary to meet the needs of the child.
   (c) The child consents to disclosure of the information.

  SEC. 3.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.