Amended in Assembly September 3, 2013

Amended in Assembly August 5, 2013

Amended in Senate April 8, 2013

Senate Bill No. 522

Introduced by Senator Hueso

February 21, 2013

An act to amend Sections 1527, 1527.3, and 1527.4 of, and to add Section 1527.35 to, the Health and Safety Code, begin delete and to amend Section 366.1 of the Welfare and Institutions Code, end delete relating to begin delete juveniles. end delete begin insert foster children. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 522, as amended, Hueso. begin delete Dependent children. end delete begin insert Foster Family Home and Small Family Home Insurance Fund. end insert

Existing law establishes within the State Department of Social Services the Foster Family Home and Small Family Home Insurance Fund for the purposes of paying, on behalf of foster family homes and small family homes, as defined, claims of foster children, their parents, guardians, or guardians ad litem resulting from occurrences peculiar to the foster care relationship and the provision of foster care services. Under existing law, the fund is not liable for any loss arising out of a dishonest, fraudulent, criminal, or intentional act of any person, or for damages of more than $300,000 for any single foster family home or small family home for all claims arising due to one or more occurrences during a single calendar year.

This bill would narrow that limitation on the liability of the fund to exclude only a loss arising out of a dishonest, fraudulent, criminal, or intentional act of a foster parent, except as specified. The bill would also limit the liability of the fund to damages of no more than $300,000 for any single home for all claims arising during a consecutive 12-month period, instead of during a single calendar year. The bill would require that multiple incidents of a general course of conduct be considered one occurrence, regardless of the period of time during which the acts transpired, and would provide that the fund shall be liable only once for damages arising from that one occurrence.

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Existing federal law, the Social Security Act, provides for benefits for eligible beneficiaries, including Supplemental Security Income (SSI) benefits for, among others, blind and disabled children. The act authorizes a person or entity to be appointed as a representative payee for a beneficiary who cannot manage or direct the management of his or her money. Existing law requires a county to apply to become a child’s representative payee for purposes of these federal benefits during the time the child is placed in foster care.

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Existing law establishes the jurisdiction of the juvenile court, which is authorized to adjudge certain children to be dependents of the court under certain circumstances, and prescribes various hearings and other procedures for these purposes, including the periodic review of the status of every dependent child in foster care, as determined by the court. Existing law requires a supplemental report, with prescribed contents, to be filed in connection with this review, as specified.

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This bill would require the supplemental report to include information regarding whether the county has applied to become the child’s representative payee for SSI benefits and whether the county, or any individual known to the county, has been appointed to serve as the representative payee for a child who is receiving SSI benefits while in the county’s custody.

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By requiring counties to provide additional information in supplemental reports, this bill would impose a state-mandated local program.

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 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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

The people of the State of California do enact as follows:

SECTION 1.  

Section 1527 of the Health and Safety Code is
amended to read:

1527.  

As used in this article:

(a) “Aircraft” includes, but is not limited to, any airplane, glider,
or hot air balloon.

(b) “Bodily injury” means any bodily injury, sickness, or disease
sustained by any person including death at any time resulting
therefrom.

(c) “Foster child” means a person under 19 years of age who
has been placed in the care and supervision of licensed foster
parents.

(d) “Foster parent” means the person, and including his or her
spouse if the spouse is a resident of the same household, providing
care, custody, and control of a foster child in a licensed foster
family home or licensed small family home, as defined in Section
1502 of the Health and Safety Code.

(e) “Occurrence” means an accident, including continuous or
repeated exposure to conditions, which results in bodily injury or
personal injury neither expected nor intended by the foster parent.
Multiple incidents of a general course of conduct shall be
considered one occurrence, regardless of the period of time during
which the acts transpired.

(f) “Motor vehicle” means an automobile, motorcycle, moped,
midget automobile, including the type commonly referred to as a
kart, go-kart, speedmobile, or by a comparable name whether
commercially built or otherwise, trailer or semitrailer designed for
travel on public roads, including any machinery or apparatus
attached thereto, or snowmobile.

(g) “Personal injury” means any injury to the feelings or
reputation of any person or organization arising out of libel,
slander, defamation, or disparagement, wrongful eviction, or entry.

(h) “Property damage” means any physical injury to, or
destruction of, tangible property, including the loss of use thereof
at any time resulting therefrom.

(i) “Watercraft” includes, but is not limited to, any boat, ship,
raft, or canoe, whether motorized or not.

SEC. 2.  

Section 1527.3 of the Health and Safety Code is
amended to read:

1527.3.  

The fund shall not be liable for any of the following:

(a) Any loss arising out of a dishonest, fraudulent, criminal, or
intentional act of a foster parent.

(b) Any occurrence that does not arise from the foster-care
relationship.

(c) Any bodily injury arising out of the operation or use of any
motor vehicle, aircraft, or watercraft owned or operated by, or
rented or loaned to, any foster parent.

(d) Any loss arising out of licentious, immoral, or sexual
behavior on the part of a foster parent intended to lead to, or
culminating in, any sexual act.

(e) Any allegation of alienation of affection against a foster
parent.

(f) Any loss or damage arising out of occurrences prior to
October 1, 1986.

(g) Exemplary damages.

(h) Any liability of a foster parent that is uninsured due solely
to the foster parent’s failure to obtain insurance specified in Section
676.7 of the Insurance Code. Nothing in this subdivision shall be
construed to expand the liability of the fund with respect to insured
foster parents.

SEC. 3.  

Section 1527.35 is added to the Health and Safety
Code, immediately following Section 1527.3, to read:

1527.35.  

The fund shall not be liable for any loss arising out
of the dishonest, fraudulent, criminal, or intentional act of any
person if the date of the loss is prior to July 1, 2013.

SEC. 4.  

Section 1527.4 of the Health and Safety Code is
amended to read:

1527.4.  

Notwithstanding any other provision of this article,
the fund shall not be liable for damages in excess of three hundred
thousand dollars ($300,000) for any single foster family home or
small family home for all claims arising due to one or more
occurrences during any consecutive 12-month period. The fund
shall be liable only once for damages arising from one occurrence.

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SEC. 5.  

Section 366.1 of the Welfare and Institutions Code is
amended to read:

366.1.  

Each supplemental report required to be filed pursuant
to Section 366 shall include, but not be limited to, a factual
discussion of each of the following subjects:

(a) Whether the county welfare department social worker has
considered child protective services, as described in Chapter 5
(commencing with Section 16500) of Part 4 of Division 9, as a
possible solution to the problems at hand, and has offered those
services to qualified parents, if appropriate under the circumstances.

(b) What plan, if any, for the return and maintenance of the
child in a safe home is recommended to the court by the county
welfare department social worker.

(c) Whether the subject child appears to be a person who is
eligible to be considered for further court action to free the child
from parental custody and control.

(d) What actions, if any, have been taken by the parent to correct
the problems that caused the child to be made a dependent child
of the court.

(e) If the parent or guardian is unwilling or unable to participate
in making an educational decision for his or her child, or if other
circumstances exist that compromise the ability of the parent or
guardian to make educational decisions for the child, the county
welfare department or social worker shall consider whether the
right of the parent or guardian to make educational decisions for
the child should be limited. If the supplemental report makes that
recommendation, the report shall identify whether there is a
responsible adult available to make educational decisions for the
child pursuant to Section 361.

(f) (1) Whether the child has any siblings under the court’s
jurisdiction, and, if any siblings exist, all of the following:

(A) The nature of the relationship between the child and his or
her siblings.

(B) The appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002.

(C) If the siblings are not placed together in the same home,
why the siblings are not placed together and what efforts are being
made to place the siblings together, or why those efforts are not
appropriate.

(D) If the siblings are not placed together, the frequency and
nature of the visits between siblings.

(E) The impact of the sibling relationships on the child’s
placement and planning for legal permanence.

(2) The factual discussion shall include a discussion of indicators
of the nature of the child’s sibling relationships, including, but not
limited to, whether the siblings were raised together in the same
home, whether the siblings have shared significant common
experiences or have existing close and strong bonds, whether either
sibling expresses a desire to visit or live with his or her sibling, as
applicable, and whether ongoing contact is in the child’s best
emotional interests.

(g) Whether a child who is 10 years of age or older and who
has been in an out-of-home placement for six months or longer
has relationships with individuals other than the child’s siblings
that are important to the child, consistent with the child’s best
interests, and actions taken to maintain those relationships. The
social worker shall ask every child who is 10 years of age or older
and who has been in an out-of-home placement for six months or
longer to identify any individuals other than the child’s siblings
who are important to the child, consistent with the child’s best
interest. The social worker may ask any other child to provide that
information, as appropriate.

(h) The implementation and operation of the amendments to
subdivision (g) enacted at the 2005-06 Regular Session shall be
subject to appropriation through the budget process and by phase,
as provided in Section 366.35.

(i) Whether the county has applied to become the child’s
representative payee for Supplemental Security Income (SSI)
benefits and whether the county, or any other individual known
to the county, has been appointed by the federal Social Security
Administration to serve as the representative payee for a child who
is receiving SSI benefits while in the county’s custody.

SEC. 6.  

 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.

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