BILL NUMBER: SB 342 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY SEPTEMBER 3, 2013
AMENDED IN SENATE MAY 24, 2013
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
location of monthly visits for each foster child who is placed in a
group home or a licensed, certified, or approved foster home by a
county welfare department or a county probation department comply
with specified federal requirements. The bill would prohibit more
than 2 consecutive monthly visits from being held outside the
residence of the foster child and, if the visit does not occur in the
place of residence, would require the social worker or probation
officer to document in the case file and in the court report the
location of the visit and the reason for the visit occurring outside
the place of residence . 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 the private
discussion outside the group home or foster home, that private
discussion shall not replace the visit in the group home or foster
home. The bill would also provide that the social worker or probation
officer shall not be required to schedule an additional visit to
accommodate the request. 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 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 monthly visit shall include a
private discussion between the foster child and the county social
worker or probation officer. The private 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 the
private discussion outside the group home, that private discussion
shall not replace the visit in the group home. However, the social
worker or probation officer shall not be required to schedule an
additional visit to accommodate the request. 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) The location of monthly visits for each foster child who is
placed in a group home by a county welfare department or a county
probation department shall comply with federal requirements as
described in Section 624(f)(2)(A) of Title 42 of the United States
Code. No more than two consecutive monthly visits may be held outside
the residence of the foster child.
(c) If the visit does not occur in the place of residence, the
social worker or probation officer shall document in the case file
and in the court report the location of the visit and the reason for
the visit occurring outside the place of residence.
(b)
( d) (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. (a) When a county social worker or
probation officer makes a regular visit with a child in any
licensed, certified, or approved foster home, the regular 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 private 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 the
private discussion outside the foster home, that private discussion
shall not replace the visit in the foster home. However, the social
worker or probation officer shall not be required to schedule an
additional visit to accommodate the request. 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)
( 1) The social worker or probation officer
believes that the foster child may be in danger of harming himself or
herself, or others.
(b)
( 2) The social worker or probation officer
believes that disclosure is necessary to meet the needs of the child.
(c)
( 3) The child consents to disclosure of the
information.
(b) The location of monthly visits for each foster child who is
placed in a licensed, certified, or approved foster home by a county
welfare department or a county probation department shall comply with
federal requirements as described in Section 624(f)(2)(A) of Title
42 of the United States Code. No more than two consecutive monthly
visits may be held outside the residence of the foster child.
(c) If the visit does not occur in the place of residence, the
social worker or probation officer shall document in the case file
and in the court report the location of the visit and the reason for
the visit occurring outside the place of residence.
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.