Amended in Senate May 24, 2013

Senate BillNo. 342


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 amended, 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 havebegin delete aend deletebegin insert theend insert private discussion outside the group home or foster home, that private discussionbegin delete outside the group home or foster homeend delete shall not replace the visit in the group home or foster home. begin insertThe bill would also provide that the social worker or probation officer shall not be required to schedule an additional visit to accommodate the request. end insertBy 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:

P2    1

SECTION 1.  

Section 16516.5 of the Welfare and Institutions
2Code
is amended to read:

3

16516.5.  

(a) Notwithstanding any otherbegin delete provision ofend delete law or
4regulation, all foster children who are placed in group homes by
5county welfare departments or county probation departments shall
6be visited in the group home at least monthly by a county social
7worker or probation officer. Eachbegin insert monthlyend insert visit shall include a
8private discussion between the foster child and the county social
9worker or probation officer. Thebegin insert privateend insert discussion shall not be
10held in the presence or immediate vicinity of the group home staff.
11The social worker or probation officer shall advise the foster child
12that he or she has the right to request that the private discussion
13occur outside the group home. If a foster child requests to havebegin delete aend delete
14begin insert theend insert private discussion outside the group home, that private
15discussion begin deleteoutside the group homeend delete shall not replace the visit in the
16group home.begin insert However, the social worker or probation officer shall
17not be required to schedule an additional visit to accommodate
18the request.end insert
The contents of the private discussion shall not be
19disclosed to the group home staff, except that the social worker or
20probation officer may disclose information under any of the
21following circumstances:

22(1) The social worker or probation officer believes that the foster
23child may be in danger of harming himself or herself, or others.

P3    1(2) The social worker or probation officer believes that
2disclosure is necessary to meet the needs of the child.

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

4(b) (1) Prior to the 2011-12 fiscal year, notwithstanding Section
510101, the state shall pay 100 percent of the nonfederal costs
6associated with the monthly visitation requirement in subdivision
7(a) in excess of the minimum semiannual visits required under
8current regulations.

9(2) Notwithstanding subdivision (b), beginning in the 2011-12
10fiscal year, and for each fiscal year thereafter, funding and
11expenditures for programs and activities under this section shall
12be in accordance with the requirements provided in Sections 30025
13and 30026.5 of the Government Code.

14

SEC. 2.  

Section 16516.6 of the Welfare and Institutions Code
15 is amended to read:

16

16516.6.  

When a county social worker or probation officer
17makes a regular visit with a child in any licensed, certified, or
18approved foster home, thebegin insert regularend insert visit shall occur in the foster
19home and shall include a private discussion between the foster
20child and the social worker or probation officer. Thebegin insert privateend insert
21 discussion shall not be held in the presence or immediate vicinity
22of the foster parent or caregiver. The social worker or probation
23officer shall advise the foster child that he or she has the right to
24request that the private discussion occur outside the foster home.
25If a foster child requests to havebegin delete aend deletebegin insert theend insert private discussion outside
26the foster home, that private discussionbegin delete outside the foster homeend delete
27 shall not replace the visit in the foster home.begin insert However, the social
28worker or probation officer shall not be required to schedule an
29additional visit to accommodate the request.end insert
The contents of the
30private discussion shall not be disclosed to the foster parent or
31caregiver, except that the social worker or probation officer may
32disclose information under any of the following circumstances:

33(a) The social worker or probation officer believes that the foster
34child may be in danger of harming himself or herself, or others.

35(b) The social worker or probation officer believes that
36disclosure is necessary to meet the needs of the child.

37(c) The child consents to disclosure of the information.

38

SEC. 3.  

If the Commission on State Mandates determines that
39this act contains costs mandated by the state, reimbursement to
40local agencies and school districts for those costs shall be made
P4    1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.



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