BILL NUMBER: SB 528 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 1, 2013
INTRODUCED BY Senator Yee
( Coauthor: Senator Beall
)
( Coauthor: Assembly Member
Ammiano )
FEBRUARY 21, 2013
An act to amend Section 8263 of the Education Code, and to
amend Sections 369 , 16001.9, and 16002.5 of the
Welfare and Institutions Code, relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
SB 528, as amended, Yee. Dependents: care and treatment: minor and
nonminor dependent parents.
Under existing law, minors are authorized to consent to medical
and other treatment under certain circumstances, including the
diagnosis and treatment of sexual assault, medical care relating to
the prevention or treatment of pregnancy, treatment of infectious,
contagious, and communicable diseases, mental health treatment, and
treatment for alcohol and drug abuse.
Under existing law, a child may come within the jurisdiction of
the juvenile court and become a dependent child of the court under
certain circumstances, including in cases of abuse and neglect. Under
existing law, when a minor has been, or has a petition filed with
the court to be, adjudged a dependent child of the court, the court
may authorize, or order that a social worker may authorize, medical
and other care for the minor, as prescribed. Under existing law, a
social worker may, without court order, authorize medical and other
care for a minor in emergency situations, as specified.
This bill would specify that nothing in those provisions shall be
construed to limit the rights of dependent children to consent to
specified types of medical and other care, including the diagnosis
and treatment of sexual assault, medical care relating to the
prevention or treatment of pregnancy, treatment of infectious,
contagious, and communicable diseases, mental health treatment, and
treatment for alcohol and drug abuse. This bill would require a
dependent child's social worker, if the child is 10
12 years of age or older, to ensure that the
child is informed of his or her right as a minor to consent to and
receive those health services, and provided with prescribed
information regarding, among other things, reproductive health care.
This bill would require social workers to ensure that all
dependent children are provided with age-appropriate, medically
accurate information about sexual development, reproductive health,
and prevention of unplanned pregnancies and sexually
transmitted diseases on an ongoing basis
Existing law declares the intent of the Legislature to maintain
the continuity of the family unit and to support and preserve
families headed by minor parents and nonminor dependent parents, as
defined, and provides that, to the greatest extent possible, minor
parents and their children living in foster care shall be provided
with access to services that target supporting, maintaining, and
developing the parent-child bond and the minor parent's ability to
provide a permanent and safe home for the child. Under existing law,
minor parents are required to be given the ability to attend school,
complete homework, and participate in age and developmentally
appropriate activities separate from parenting.
This bill would declare the intent of the Legislature to ensure
that complete and accurate data on pregnant and parenting minor and
nonminor dependents and their children is collected, and would
require child welfare agencies to ensure that minor parents and
nonminor dependent parents have access to social workers or resource
specialists who have received specified training, and that case plans
are developed and updated through a prescribed team
decisionmaking process within 30 calendar days
of the date the agency is informed of a pregnancy based on
information collected from a specialized conference to be held by the
agency, as prescribed . This bill would require child welfare
agencies, local educational agencies, and child care resource and
referral agencies to make reasonable and coordinated efforts to
ensure that minor parents and nonminor dependent parents who have not
completed high school have access to school programs that provide
onsite or coordinated child care, and that minor parents are given
priority for subsidized child care.
Existing law provides that it is the policy of the state that
foster children have specified rights.
This bill would provide that foster children also have the right
to receive information regarding, and to consent to and receive,
specified health care services.
Existing law, the Child Care and Development Services Act,
administered by the State Department of Education, requires the
Superintendent of Public Instruction to administer child care and
development programs that offer a full range of services for eligible
children from infancy to 13 years of age. Existing law requires the
Superintendent to adopt rules and regulations on eligibility,
enrollment, and priority of services needed to implement the Child
Care and Development Services Act, and requires families to meet at
least one of the specified requirements in order to be eligible for
federal and state subsidized child development services.
This bill would provide that a family may be eligible for services
if one or both parents are foster youth or nonminor dependents under
21 years of age, or if the family needs child care services because
the parents are foster youth or nonminor dependents.
By requiring social workers and county agencies to perform
additional duties, this 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 8263 of the
Education Code is amended to read:
8263. (a) The Superintendent shall adopt rules and regulations on
eligibility, enrollment, and priority of services needed to
implement this chapter. In order to be eligible for federal and state
subsidized child development services, families shall meet at least
one requirement in each of the following areas:
(1) A family is (A) a current aid recipient, (B) income eligible,
(C) homeless, or (D) one whose children are
recipients of protective services, or whose children have been
identified as being abused, neglected, or exploited, or at risk of
being abused, neglected, or exploited , or (E) one in which
one or both parents are foster youth or nonminor dependents
under 21 years of age .
(2) A family needs the child care services (A) because the child
is identified by a legal, medical, or social services agency, or
emergency shelter as (i) a recipient of protective services or (ii)
being neglected, abused, or exploited, or at risk of neglect, abuse,
or exploitation, or (B) because the parents are (i) engaged in
vocational training leading directly to a recognized trade,
paraprofession, or profession, (ii) foster youth or nonminor
dependents, (iii) employed or seeking employment,
(iii) (iv) seeking permanent housing for family
stability, or (iv) (v) incapacitated.
(b) Except as provided in Article 15.5 (commencing with Section
8350), priority for federal and state subsidized child development
services is as follows:
(1) (A) First priority shall be given to neglected or abused
children who are recipients of child protective services, or children
who are at risk of being neglected or abused, upon written referral
from a legal, medical, or social services agency. If an agency is
unable to enroll a child in the first priority category, the agency
shall refer the family to local resource and referral services to
locate services for the child.
(B) A family who is receiving child care on the basis of being a
child at risk of abuse, neglect, or exploitation, as defined in
subdivision (k) of Section 8208, is eligible to receive services
pursuant to subparagraph (A) for up to three months, unless the
family becomes eligible pursuant to subparagraph (C).
(C) A family may receive child care services for up to 12 months
on the basis of a certification by the county child welfare agency
that child care services continue to be necessary or,
, or if the child is receiving child protective
services during that period of time, and the family requires child
care and remains otherwise eligible. This time limit does not apply
if the family's child care referral is recertified by the county
child welfare agency.
(2) Second priority shall be given equally to eligible families,
regardless of the number of parents in the home, who are income
eligible. Within this priority, families with the lowest gross
monthly income in relation to family size, as determined by a
schedule adopted by the Superintendent, shall be admitted first. If
two or more families are in the same priority in relation to income,
the family that has a child with exceptional needs shall be admitted
first. If there is no family of the same priority with a child with
exceptional needs, the same priority family that has been on the
waiting list for the longest time shall be admitted first. For
purposes of determining order of admission, the grants of public
assistance recipients shall be counted as income.
(3) The Superintendent shall set criteria for and may grant
specific waivers of the priorities established in this subdivision
for agencies that wish to serve specific populations, including
children with exceptional needs or children of prisoners. These new
waivers shall not include proposals to avoid appropriate fee
schedules or admit ineligible families, but may include proposals to
accept members of special populations in other than strict income
order, as long as if appropriate fees
are paid.
(c) Notwithstanding any other law, in order to promote continuity
of services, a family enrolled in a state or federally funded child
care and development program whose services would otherwise be
terminated because the family no longer meets the program income,
eligibility, or need criteria may continue to receive child
development services in another state or federally funded child care
and development program if the contractor is able to transfer the
family's enrollment to another program for which
that the family is eligible for before the date
of termination of services or to exchange the family's existing
enrollment with the enrollment of a family in another program,
provided that both families satisfy the eligibility requirements for
the program in which they are being enrolled. The transfer of
enrollment may be to another program within the same administrative
agency or to another agency that administers state or federally
funded child care and development programs.
(d) In order to promote continuity of services, the Superintendent
may extend the 60-working-day period specified in subdivision (a) of
Section 18086.5 of Title 5 of the California Code of Regulations for
an additional 60 working days if he or she determines that
opportunities for employment have diminished to the degree that one
or both parents cannot reasonably be expected to find employment
within 60 working days and granting the extension is in the public
interest. The scope of extensions granted pursuant to this
subdivision shall be limited to the necessary geographic areas and
affected persons, which shall be described in the Superintendent's
order granting the extension. It is the intent of the Legislature
that extensions granted pursuant to this subdivision improve services
in areas with high unemployment rates and areas with
disproportionately high numbers of seasonal agricultural jobs.
(e) A physical examination and evaluation, including
age-appropriate immunization, shall be required before, or within six
weeks of, enrollment. A standard, rule, or regulation shall not
require medical examination or immunization for admission to a child
care and development program of a child whose parent or guardian
files a letter with the governing board of the child care and
development program stating that the medical examination or
immunization is contrary to his or her religious beliefs, or provide
for the exclusion of a child from the program because of a parent or
guardian having filed the letter. However, if there is good cause to
believe that a child is suffering from a recognized contagious or
infectious disease, the child shall be temporarily excluded from the
program until the governing board of the child care and development
program is satisfied that the child is not suffering from that
contagious or infectious disease.
(f) Regulations formulated and promulgated pursuant to this
section shall include the recommendations of the State Department of
Health Care Services relative to health care screening and the
provision of health care services. The Superintendent shall seek the
advice and assistance of these health authorities in situations
where when service under this chapter
includes or requires care of children who are ill or children with
exceptional needs.
(g) (1) The Superintendent shall establish a fee schedule for
families utilizing child care and development services pursuant to
this chapter, including families receiving services under paragraph
(1) of subdivision (b). Families receiving services under
subparagraph (B) of paragraph (1) of subdivision (b) may be exempt
from these fees for up to three months. Families receiving services
under subparagraph (C) of paragraph (1) of subdivision (b) may be
exempt from these fees for up to 12 months. The cumulative period of
time of exemption from these fees for families receiving services
under paragraph (1) of subdivision (b) shall not exceed 12 months.
(2) The income of a recipient of federal supplemental security
income benefits pursuant to Title XVI of the federal Social Security
Act (42 U.S.C. Sec. 1381 et seq.) and state supplemental program
benefits pursuant to Title XVI of the federal Social Security Act (42
U.S.C. Sec. 1381 et seq.) and Chapter 3 (commencing with Section
12000) of Part 3 of Division 9 of the Welfare and Institutions Code
shall not be included as income for purposes of determining the
amount of the family fee.
(h) (1) The family fee schedule shall
provide, among other things, that a contractor or provider may
require parents to provide diapers. A contractor or provider offering
field trips either may include the cost of the field trips within
the service rate charged to the parent or may charge parents an
additional fee. Federal or state money shall not be used to reimburse
parents for the costs of field trips if those costs are charged as
an additional fee. A contractor or provider that charges parents an
additional fee for field trips shall inform parents, before enrolling
the child, that a fee may be charged and that no reimbursement will
be available.
(2) A contractor or provider may charge parents for field trips or
require parents to provide diapers only under the following
circumstances:
(A) The provider has a written policy that is adopted by the
agency's governing board that includes parents in the decisionmaking
process regarding both of the following:
(i) Whether or not, and how much, to charge for field trip
expenses.
(ii) Whether or not to require parents to provide diapers.
(B) The maximum total of charges per child in a contract year does
not exceed twenty-five dollars ($25).
(C) A child shall not be denied participation in a field trip due
to the parent's inability or refusal to pay the charge. Adverse
action shall not be taken against a parent for that inability or
refusal.
(3) Each contractor or provider shall establish a payment system
that prevents the identification of children based on whether or not
their parents have paid a field trip charge.
(4) Expenses incurred and income received for field trips pursuant
to this section shall be reported to the department. The income
received for field trips shall be reported specifically as restricted
income.
(i) The Superintendent shall establish guidelines for the
collection of employer-sponsored child care benefit payments from a
parent whose child receives subsidized child care and development
services. These guidelines shall provide for the collection of the
full amount of the benefit payment, but not to exceed the actual cost
of child care and development services provided, notwithstanding the
applicable fee based on the fee schedule.
(j) The Superintendent shall establish guidelines according to
which the director or a duly authorized representative of the child
care and development program will certify children as eligible for
state reimbursement pursuant to this section.
(k) Public funds shall not be paid directly or indirectly to an
agency that does not pay at least the minimum wage to each of its
employees.
SECTION 1. SEC. 2. Section 369 of the
Welfare and Institutions Code is amended to read:
369. (a) If a person is taken into temporary custody under
Article 7 (commencing with Section 305) and is in need of medical,
surgical, dental, or other remedial care, the social worker may, upon
the recommendation of the attending physician and surgeon or, if the
person needs dental care and there is an attending dentist, the
attending dentist, authorize the performance of the medical,
surgical, dental, or other remedial care. The social worker shall
notify the parent, guardian, or person standing in loco parentis of
the person, if any, of the care found to be needed before that care
is provided, and if the parent, guardian, or person standing in loco
parentis objects, that care shall be given only upon order of the
court in the exercise of its discretion.
(b) If it appears to the juvenile court that a person concerning
whom a petition has been filed with the court is in need of medical,
surgical, dental, or other remedial care, and that there is no
parent, guardian, or person standing in loco parentis capable of
authorizing or willing to authorize the remedial care or treatment
for that person, the court, upon the written recommendation of a
licensed physician and surgeon or, if the person needs dental care, a
licensed dentist, and after due notice to the parent, guardian, or
person standing in loco parentis, if any, may make an order
authorizing the performance of the necessary medical, surgical,
dental, or other remedial care for that person.
(c) If a dependent child of the juvenile court is placed by order
of the court within the care and custody or under the supervision of
a social worker of the county where the dependent child resides and
it appears to the court that there is no parent, guardian, or person
standing in loco parentis capable of authorizing or willing to
authorize medical, surgical, dental, or other remedial care or
treatment for the dependent child, the court may, after due notice to
the parent, guardian, or person standing in loco parentis, if any,
order that the social worker may authorize the medical, surgical,
dental, or other remedial care for the dependent child, by licensed
practitioners, as necessary.
(d) If it appears that a child otherwise within subdivision (a),
(b), or (c) requires immediate emergency medical, surgical, or other
remedial care in an emergency situation, that care may be provided by
a licensed physician and surgeon or, if the child needs dental care
in an emergency situation, by a licensed dentist, without a court
order and upon authorization of a social worker. The social worker
shall make reasonable efforts to obtain the consent of, or to notify,
the parent, guardian, or person standing in loco parentis prior to
authorizing emergency medical, surgical, dental, or other remedial
care. "Emergency situation," for the purposes of this subdivision
means a child requires immediate treatment for the alleviation of
severe pain or an immediate diagnosis and treatment of an
unforeseeable medical, surgical, dental, or other remedial condition
or contagious disease which if not immediately diagnosed and treated,
would lead to serious disability or death.
(e) If the court orders the performance of any medical, surgical,
dental, or other remedial care pursuant to this section, the court
may also make an order authorizing the release of information
concerning that care to social workers, parole officers, or any other
qualified individuals or agencies caring for or acting in the
interest and welfare of the child under order, commitment, or
approval of the court.
(f) Nothing in this section shall be construed as limiting the
right of a parent, guardian, or person standing in loco parentis, who
has not been deprived of the custody or control of the child by
order of the court, in providing any medical, surgical, dental, or
other remedial treatment recognized or permitted under the laws of
this state.
(g) The parent of a person described in this section may authorize
the performance of medical, surgical, dental, or other remedial care
provided for in this section notwithstanding his or her age or
marital status. In nonemergency situations, the parent authorizing
the care shall notify the other parent prior to the administration of
that care.
(h) Nothing in this section shall be construed as limiting the
rights of dependent children, pursuant to Chapter 3 (commencing with
Section 6920) of Part 4 of Division 11 of the Family Code, to consent
to, among other things, the diagnosis and treatment of sexual
assault, medical care relating to the prevention or treatment of
pregnancy, including contraception, abortion, and prenatal care,
treatment of infectious, contagious, or communicable diseases, mental
health treatment, and treatment for alcohol and drug abuse. If a
dependent child is 10 12 years of age
or older, his or her social worker shall ensure the child is informed
of his or her right as a minor to consent to and receive those
health services, as necessary, and necessary.
Social workers shall ensure that all dependent children are
provided with age-appropriate , medically accurate
information about sexual development, reproductive health
care , and the
prevention of unplanned pregnancies and sexually transmitted diseases
on an ongoing basis .
SEC. 3. Section 16001.9 of the Welfare
and Institutions Code is amended to read:
16001.9. (a) It is the policy of the state that all children in
foster care shall have the following rights:
(1) To live in a safe, healthy, and comfortable home where he or
she is treated with respect.
(2) To be free from physical, sexual, emotional, or other abuse,
or corporal punishment.
(3) To receive adequate and healthy food, adequate clothing, and,
for youth in group homes, an allowance.
(4) To receive medical, dental, vision, and mental health
services.
(5) To be free of the administration of medication or chemical
substances, unless authorized by a physician.
(6) To contact family members, unless prohibited by court order,
and social workers, attorneys, foster youth advocates and supporters,
Court Appointed Special Advocates (CASAs), and probation officers.
(7) To visit and contact brothers and sisters, unless prohibited
by court order.
(8) To contact the Community Care Licensing Division of the State
Department of Social Services or the State Foster Care Ombudsperson
regarding violations of rights, to speak to representatives of these
offices confidentially, and to be free from threats or punishment for
making complaints.
(9) To make and receive confidential telephone calls and send and
receive unopened mail, unless prohibited by court order.
(10) To attend religious services and activities of his or her
choice.
(11) To maintain an emancipation bank account and manage personal
income, consistent with the child's age and developmental level,
unless prohibited by the case plan.
(12) To not be locked in a room, building, or facility premises,
unless placed in a community treatment facility.
(13) To attend school and participate in extracurricular,
cultural, and personal enrichment activities, consistent with the
child's age and developmental level, with minimal disruptions to
school attendance and educational stability.
(14) To work and develop job skills at an age-appropriate level,
consistent with state law.
(15) To have social contacts with people outside of the foster
care system, such as including
teachers, church members, mentors, and friends.
(16) To attend Independent Living Program classes and activities
if he or she meets age requirements.
(17) To attend court hearings and speak to the judge.
(18) To have storage space for private use.
(19) To be involved in the development of his or her own case plan
and plan for permanent placement.
(20) To review his or her own case plan and plan for permanent
placement, if he or she is 12 years of age or older and in a
permanent placement, and to receive information about his or her
out-of-home placement and case plan, including being told of changes
to the plan.
(21) To be free from unreasonable searches of personal belongings.
(22) To the confidentiality of all juvenile court records
consistent with existing law.
(23) To have fair and equal access to all available services,
placement, care, treatment, and benefits, and to not be subjected to
discrimination or harassment on the basis of actual or perceived
race, ethnic group identification, ancestry, national origin, color,
religion, sex, sexual orientation, gender identity, mental or
physical disability, or HIV status.
(24) To have caregivers and child welfare personnel who have
received instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.
(25) At 16 years of age or older, to have access to existing
information regarding the educational options available, including,
but not limited to, the coursework necessary for vocational and
postsecondary educational programs, and information regarding
financial aid for postsecondary education.
(26) To have access to age-appropriate, medically accurate
information about sexual development, reproductive health, and
prevention of unplanned pregnancies and sexually transmitted
diseases, and, for children 12 years of age or older, to be informed
of his or her right as a minor to receive this information and
consent to those health services.
(27) To consent to and access services including diagnosis and
treatment of sexual assault, medical care relating to the prevention
or treatment of pregnancy, including contraception, abortion, and
prenatal care, treatment of infectious, contagious, or communicable
diseases, mental health treatment, and treatment for alcohol and drug
abuse pursuant to Chapter 3 (commencing with Section 6920) of Part 4
of Division 11 of the Family Code, and, for children 12 years of age
or older, to be informed of his or her right as a minor to consent
to and receive those health services.
(b) Nothing in this section shall be interpreted to require a
foster care provider to take any action that would impair the health
and safety of children in out-of-home placement.
(c) The State Department of Social Services and each county
welfare department are encouraged to work with the Student Aid
Commission, the University of California, the California State
University, and the California Community Colleges to receive
information pursuant to paragraph (23) of subdivision (a).
SEC. 2. SEC. 4. Section 16002.5 of
the Welfare and Institutions Code is amended to read:
16002.5. It is the intent of the Legislature to maintain the
continuity of the family unit and to support and preserve families
headed by minor parents and nonminor dependent parents who are
themselves under the jurisdiction of the juvenile court by ensuring
that minor parents and their children are placed together in as
family-like a setting as possible, unless it has been determined that
placement together poses a risk to the child. It is also the intent
of the Legislature to ensure that complete and accurate data on
pregnant and parenting minor and nonminor dependents and their
children is collected, and that the State Department of Social
Services ensures that the new Child Welfare Services/Case
Management System is effectively utilized to obtain this
data includes a mandatory field to track the number of
parenting minor and nonminor dependent parents and their children,
and that prior to the implementation of a new statewide system,
interim proced ures are developed and implemented to track
this information .
(a) To the greatest extent possible, minor parents and
nonminor dependent parents and their children living in foster
care shall be provided with access to existing services for which
they may be eligible, that are specifically targeted at supporting,
maintaining, and developing both the parent-child bond and the minor
parent's ability to provide a permanent and safe home for the child.
Examples of these services may include, but are not limited to, child
care, parenting classes, child development classes, and frequent
visitation.
(b) Child welfare agencies shall ensure that minor parents and
nonminor dependent parents have access to social workers or resource
specialists who have received training on the needs of teenage
parents and available resources, including, but not limited to,
maternal and child health programs, child care, and child development
classes, and that classes. The case
plans for pregnant minor and nonminor dependent
parents are developed and dependents shall be
updated through a team decisionmaking process that includes
the teenage parent within 30 calendar days of the date
th e agency is informed of a pregnancy based on
information collected from a specialized conference to be held by the
agency. The specialized conference shall include the pregnant or
parenting minor or nonminor dependent , family members, and
other supportive adults, and the specially trained social worker or
resource specialist. The specialized conference may include
other individuals, including, but not limited to, a public health
nurse, a community health worker, or other personnel with a
comprehensive knowledge of available maternal and child resources,
including public benefit programs. If the pregnant or parenting minor
or nonminor dependent is unable or unwilling to participate in the
specialized conference, he or she shall not be penalized and the
agency shall identify needed resources and assist the pregnant or
parenting minor or nonminor dependent in accessing those
resources.
(c) The minor parent shall be given the ability to attend school,
complete homework, and participate in age and developmentally
appropriate activities unrelated to and separate from parenting.
(d) Child welfare agencies, local educational agencies, and child
care resource and referral agencies shall make reasonable and
coordinated efforts to ensure that minor parents and nonminor
dependent parents who have not completed high school have access to
school programs that provide onsite or coordinated child care, and
that minor dependent parents are given priority for subsidized child
care.
(e) Foster care placements for minor parents and their children
shall demonstrate a willingness and ability to provide support and
assistance to dependent minor parents and their children.
(f) Contact between the child, the custodial parent, and the
noncustodial parent shall be facilitated if that contact is found to
be in the best interest of the child.
(g) For the purpose of this section, "child" refers to the child
born to the minor parent.
(h) For the purpose of this section, "minor parent" refers to a
dependent child who is also a parent.
(i) For the purpose of this section, "nonminor dependent parent"
refers to a nonminor as described in subdivision (v) of Section 11400
who also is a parent.
SEC. 3. SEC. 5.
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.