Amended in Senate April 15, 2013

Amended in Senate April 1, 2013

Senate BillNo. 528


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 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,begin insert as specified,end insert 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 specifiedbegin delete training, and thatend deletebegin insert training. This bill would require child welfare agencies to update theend insert case plansbegin delete are developed and updatedend deletebegin insert for pregnant and parenting teensend insert withinbegin delete 30end deletebegin insert 60end insert calendar days of the date the agency is informed of abegin delete pregnancy based on information collected from a specialized conference to be held by the agency, as prescribedend deletebegin insert pregnancy, and would require those agencies to hold a specialized conference, as prescribed, to assist the pregnant or parenting foster youth and nonminor dependents with planning for healthy parenting, among other thingsend insert. 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 thebegin delete rightend deletebegin insert right, at 12 years of age or older,end insert to receive informationbegin delete regarding, and to consent to and receive,end deletebegin insert regardingend insert 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:

P4    1

SECTION 1.  

Section 8263 of the Education Code is amended
2to read:

3

8263.  

(a) The Superintendent shall adopt rules and regulations
4on eligibility, enrollment, and priority of services needed to
5implement this chapter. In order to be eligible for federal and state
6subsidized child development services, families shall meet at least
7one requirement in each of the following areas:

8(1) A family is (A) a current aid recipient, (B) income eligible,
9(C) homeless, (D) one whose children are recipients of protective
10services, or whose children have been identified as being abused,
11neglected, or exploited, or at risk of being abused, neglected, or
12exploited, or (E) one in which one or both parents are foster youth
13or nonminor dependents under 21 years of age.

14(2) A family needs the child care services (A) because the child
15is identified by a legal, medical, or social services agency, or
16emergency shelter as (i) a recipient of protective services or (ii)
17being neglected, abused, or exploited, or at risk of neglect, abuse,
18or exploitation, or (B) because the parents are (i) engaged in
19vocational training leading directly to a recognized trade,
20paraprofession, or profession, (ii) foster youth or nonminor
21dependents, (iii) employed or seeking employment, (iv) seeking
22permanent housing for family stability, or (v) incapacitated.

23(b) Except as provided in Article 15.5 (commencing with Section
248350), priority for federal and state subsidized child development
25services is as follows:

26(1) (A) First priority shall be given to neglected or abused
27children who are recipients of child protective services, or children
28who are at risk of being neglected or abused, upon written referral
29from a legal, medical, or social services agency. If an agency is
30unable to enroll a child in the first priority category, the agency
31shall refer the family to local resource and referral services to
32locate services for the child.

33(B) A family who is receiving child care on the basis of being
34a child at risk of abuse, neglect, or exploitation, as defined in
35subdivision (k) of Section 8208, is eligible to receive services
36pursuant to subparagraph (A) for up to three months, unless the
37family becomes eligible pursuant to subparagraph (C).

P5    1(C) A family may receive child care services for up to 12 months
2on the basis of a certification by the county child welfare agency
3that child care services continue to be necessary, or if the child is
4receiving child protective services during that period of time, and
5the family requires child care and remains otherwise eligible. This
6time limit does not apply if the family’s child care referral is
7recertified by the county child welfare agency.

8(2) Second priority shall be given equally to eligible families,
9regardless of the number of parents in the home, who are income
10eligible. Within this priority, families with the lowest gross monthly
11income in relation to family size, as determined by a schedule
12adopted by the Superintendent, shall be admitted first. If two or
13more families are in the same priority in relation to income, the
14family that has a child with exceptional needs shall be admitted
15first. If there is no family of the same priority with a child with
16exceptional needs, the same priority family that has been on the
17waiting list for the longest time shall be admitted first. For purposes
18of determining order of admission, the grants of public assistance
19recipients shall be counted as income.

20(3) The Superintendent shall set criteria for and may grant
21specific waivers of the priorities established in this subdivision for
22agencies that wish to serve specific populations, including children
23with exceptional needs or children of prisoners. These new waivers
24shall not include proposals to avoid appropriate fee schedules or
25admit ineligible families, but may include proposals to accept
26members of special populations in other than strict income order,
27if appropriate fees are paid.

28(c) Notwithstanding any other law, in order to promote
29continuity of services, a family enrolled in a state or federally
30funded child care and development program whose services would
31otherwise be terminated because the family no longer meets the
32program income, eligibility, or need criteria may continue to
33receive child development services in another state or federally
34funded child care and development program if the contractor is
35able to transfer the family’s enrollment to another program that
36the family is eligible for before the date of termination of services
37or to exchange the family’s existing enrollment with the enrollment
38of a family in another program, provided that both families satisfy
39the eligibility requirements for the program in which they are being
40enrolled. The transfer of enrollment may be to another program
P6    1within the same administrative agency or to another agency that
2administers state or federally funded child care and development
3programs.

4(d) In order to promote continuity of services, the Superintendent
5may extend the 60-working-day period specified in subdivision
6(a) of Section 18086.5 of Title 5 of the California Code of
7Regulations for an additional 60 working days if he or she
8determines that opportunities for employment have diminished to
9the degree that one or both parents cannot reasonably be expected
10to find employment within 60 working days and granting the
11extension is in the public interest. The scope of extensions granted
12pursuant to this subdivision shall be limited to the necessary
13geographic areas and affected persons, which shall be described
14in the Superintendent’s order granting the extension. It is the intent
15of the Legislature that extensions granted pursuant to this
16subdivision improve services in areas with high unemployment
17rates and areas with disproportionately high numbers of seasonal
18agricultural jobs.

19(e) A physical examination and evaluation, including
20age-appropriate immunization, shall be required before, or within
21six weeks of, enrollment. A standard, rule, or regulation shall not
22require medical examination or immunization for admission to a
23child care and development program of a child whose parent or
24guardian files a letter with the governing board of the child care
25and development program stating that the medical examination or
26immunization is contrary to his or her religious beliefs, or provide
27for the exclusion of a child from the program because of a parent
28or guardian having filed the letter. However, if there is good cause
29to believe that a child is suffering from a recognized contagious
30or infectious disease, the child shall be temporarily excluded from
31the program until the governing board of the child care and
32development program is satisfied that the child is not suffering
33from that contagious or infectious disease.

34(f) Regulations formulated and promulgated pursuant to this
35section shall include the recommendations of the State Department
36of Health Care Services relative to health care screening and the
37provision of health care services. The Superintendent shall seek
38the advice and assistance of these health authorities in situations
39when service under this chapter includes or requires care of
40children who are ill or children with exceptional needs.

P7    1(g) (1) The Superintendent shall establish a fee schedule for
2families utilizing child care and development services pursuant to
3this chapter, including families receiving services under paragraph
4(1) of subdivision (b). Families receiving services under
5subparagraph (B) of paragraph (1) of subdivision (b) may be
6exempt from these fees for up to three months. Families receiving
7services under subparagraph (C) of paragraph (1) of subdivision
8(b) may be exempt from these fees for up to 12 months. The
9cumulative period of time of exemption from these fees for families
10receiving services under paragraph (1) of subdivision (b) shall not
11exceed 12 months.

12(2) The income of a recipient of federal supplemental security
13income benefits pursuant to Title XVI of the federal Social Security
14Act (42 U.S.C. Sec. 1381 et seq.) and state supplemental program
15benefits pursuant to Title XVI of the federal Social Security Act
16(42 U.S.C. Sec. 1381 et seq.) and Chapter 3 (commencing with
17Section 12000) of Part 3 of Division 9 of the Welfare and
18Institutions Code shall not be included as income for purposes of
19determining the amount of the family fee.

20(h) (1) The family fee schedulebegin delete shallprovideend deletebegin insert shall provideend insert,
21among other things, that a contractor or provider may require
22parents to provide diapers. A contractor or provider offering field
23trips either may include the cost of the field trips within the service
24rate charged to the parent or may charge parents an additional fee.
25Federal or state money shall not be used to reimburse parents for
26the costs of field trips if those costs are charged as an additional
27fee. A contractor or provider that charges parents an additional fee
28for field trips shall inform parents, before enrolling the child, that
29a fee may be charged and that no reimbursement will be available.

30(2) A contractor or provider may charge parents for field trips
31or require parents to provide diapers only under the following
32circumstances:

33(A) The provider has a written policy that is adopted by the
34agency’s governing board that includes parents in the
35decisionmaking process regarding both of the following:

36(i) Whether or not, and how much, to charge for field trip
37expenses.

38(ii) Whether or not to require parents to provide diapers.

39(B) The maximum total of charges per child in a contract year
40does not exceed twenty-five dollars ($25).

P8    1(C) A child shall not be denied participation in a field trip due
2to the parent’s inability or refusal to pay the charge. Adverse action
3shall not be taken against a parent for that inability or refusal.

4(3) Each contractor or provider shall establish a payment system
5that prevents the identification of children based on whether or
6not their parents have paid a field trip charge.

7(4) Expenses incurred and income received for field trips
8pursuant to this section shall be reported to the department. The
9income received for field trips shall be reported specifically as
10restricted income.

11(i) The Superintendent shall establish guidelines for the
12collection of employer-sponsored child care benefit payments from
13a parent whose child receives subsidized child care and
14development services. These guidelines shall provide for the
15collection of the full amount of the benefit payment, but not to
16exceed the actual cost of child care and development services
17provided, notwithstanding the applicable fee based on the fee
18schedule.

19(j) The Superintendent shall establish guidelines according to
20which the director or a duly authorized representative of the child
21care and development program will certify children as eligible for
22state reimbursement pursuant to this section.

23(k) Public funds shall not be paid directly or indirectly to an
24agency that does not pay at least the minimum wage to each of its
25employees.

26

SEC. 2.  

Section 369 of the Welfare and Institutions Code is
27amended to read:

28

369.  

(a) If a person is taken into temporary custody under
29Article 7 (commencing with Section 305) and is in need of medical,
30surgical, dental, or other remedial care, the social worker may,
31upon the recommendation of the attending physician and surgeon
32or, if the person needs dental care and there is an attending dentist,
33the attending dentist, authorize the performance of the medical,
34surgical, dental, or other remedial care. The social worker shall
35notify the parent, guardian, or person standing in loco parentis of
36the person, if any, of the care found to be needed before that care
37is provided, and if the parent, guardian, or person standing in loco
38parentis objects, that care shall be given only upon order of the
39court in the exercise of its discretion.

P9    1(b) If it appears to the juvenile court that a person concerning
2whom a petition has been filed with the court is in need of medical,
3surgical, dental, or other remedial care, and that there is no parent,
4guardian, or person standing in loco parentis capable of authorizing
5or willing to authorize the remedial care or treatment for that
6person, the court, upon the written recommendation of a licensed
7physician and surgeon or, if the person needs dental care, a licensed
8dentist, and after due notice to the parent, guardian, or person
9standing in loco parentis, if any, may make an order authorizing
10the performance of the necessary medical, surgical, dental, or other
11remedial care for that person.

12(c) If a dependent child of the juvenile court is placed by order
13of the court within the care and custody or under the supervision
14of a social worker of the county where the dependent child resides
15and it appears to the court that there is no parent, guardian, or
16person standing in loco parentis capable of authorizing or willing
17to authorize medical, surgical, dental, or other remedial care or
18treatment for the dependent child, the court may, after due notice
19to the parent, guardian, or person standing in loco parentis, if any,
20order that the social worker may authorize the medical, surgical,
21dental, or other remedial care for the dependent child, by licensed
22practitioners, as necessary.

23(d) If it appears that a child otherwise within subdivision (a),
24(b), or (c) requires immediate emergency medical, surgical, or
25other remedial care in an emergency situation, that care may be
26provided by a licensed physician and surgeon or, if the child needs
27dental care in an emergency situation, by a licensed dentist, without
28a court order and upon authorization of a social worker. The social
29worker shall make reasonable efforts to obtain the consent of, or
30to notify, the parent, guardian, or person standing in loco parentis
31prior to authorizing emergency medical, surgical, dental, or other
32remedial care. “Emergency situation,” for the purposes of this
33subdivision means a child requires immediate treatment for the
34alleviation of severe pain or an immediate diagnosis and treatment
35of an unforeseeable medical, surgical, dental, or other remedial
36condition or contagious disease which if not immediately diagnosed
37and treated, would lead to serious disability or death.

38(e) If the court orders the performance of any medical, surgical,
39dental, or other remedial care pursuant to this section, the court
40may also make an order authorizing the release of information
P10   1concerning that care to social workers, parole officers, or any other
2qualified individuals or agencies caring for or acting in the interest
3and welfare of the child under order, commitment, or approval of
4the court.

5(f) Nothing in this section shall be construed as limiting the
6right of a parent, guardian, or person standing in loco parentis,
7who has not been deprived of the custody or control of the child
8by order of the court, in providing any medical, surgical, dental,
9or other remedial treatment recognized or permitted under the laws
10of this state.

11(g) The parent of a person described in this section may
12authorize the performance of medical, surgical, dental, or other
13remedial care provided for in this section notwithstanding his or
14her age or marital status. In nonemergency situations, the parent
15authorizing the care shall notify the other parent prior to the
16administration of that care.

17(h) Nothing in this section shall be construed as limiting the
18rights of dependent children, pursuant to Chapter 3 (commencing
19with Section 6920) of Part 4 of Division 11 of the Family Code,
20to consent to, among other things, the diagnosis and treatment of
21sexual assault, medical care relating to the prevention or treatment
22of pregnancy, including contraception, abortion, and prenatal care,
23treatment of infectious, contagious, or communicable diseases,
24mental health treatment, and treatment for alcohol and drug abuse.
25If a dependent child is 12 years of age or older, his or her social
26worker shall ensure the child is informed of his or her right as a
27minor to consent to and receive those health services, as necessary.
28Social workers shall ensure that all dependent children are provided
29with age-appropriate, medically accurate information about sexual
30development, reproductive health, and prevention of unplanned
31pregnancies and sexually transmitted diseases on an ongoing basis.

32

SEC. 3.  

Section 16001.9 of the Welfare and Institutions Code
33 is amended to read:

34

16001.9.  

(a) It is the policy of the state that all children in
35foster care shall have the following rights:

36(1) To live in a safe, healthy, and comfortable home where he
37or she is treated with respect.

38(2) To be free from physical, sexual, emotional, or other abuse,
39or corporal punishment.

P11   1(3) To receive adequate and healthy food, adequate clothing,
2and, for youth in group homes, an allowance.

3(4) To receive medical, dental, vision, and mental health
4services.

5(5) To be free of the administration of medication or chemical
6substances, unless authorized by a physician.

7(6) To contact family members, unless prohibited by court order,
8and social workers, attorneys, foster youth advocates and
9supporters, Court Appointed Special Advocates (CASAs), and
10probation officers.

11(7) To visit and contact brothers and sisters, unless prohibited
12by court order.

13(8) To contact the Community Care Licensing Division of the
14State Department of Social Services or the State Foster Care
15Ombudsperson regarding violations of rights, to speak to
16representatives of these offices confidentially, and to be free from
17threats or punishment for making complaints.

18(9) To make and receive confidential telephone calls and send
19and receive unopened mail, unless prohibited by court order.

20(10) To attend religious services and activities of his or her
21choice.

22(11) To maintain an emancipation bank account and manage
23personal income, consistent with the child’s age and developmental
24level, unless prohibited by the case plan.

25(12) To not be locked in a room, building, or facility premises,
26unless placed in a community treatment facility.

27(13) To attend school and participate in extracurricular, cultural,
28and personal enrichment activities, consistent with the child’s age
29and developmental level, with minimal disruptions to school
30attendance and educational stability.

31(14) To work and develop job skills at an age-appropriate level,
32consistent with state law.

33(15) To have social contacts with people outside of the foster
34care system, including teachers, church members, mentors, and
35friends.

36(16) To attend Independent Living Program classes and activities
37if he or she meets age requirements.

38(17) To attend court hearings and speak to the judge.

39(18) To have storage space for private use.

P12   1(19) To be involved in the development of his or her own case
2plan and plan for permanent placement.

3(20) To review his or her own case plan and plan for permanent
4placement, if he or she is 12 years of age or older and in a
5permanent placement, and to receive information about his or her
6out-of-home placement and case plan, including being told of
7changes to the plan.

8(21) To be free from unreasonable searches of personal
9belongings.

10(22) To the confidentiality of all juvenile court records consistent
11with existing law.

12(23) To have fair and equal access to all available services,
13placement, care, treatment, and benefits, and to not be subjected
14to discrimination or harassment on the basis of actual or perceived
15race, ethnic group identification, ancestry, national origin, color,
16religion, sex, sexual orientation, gender identity, mental or physical
17disability, or HIV status.

18(24) To have caregivers and child welfare personnel who have
19received instruction on cultural competency and sensitivity relating
20to, and best practices for, providing adequate care to lesbian, gay,
21bisexual, and transgender youth in out-of-home care.

22(25) At 16 years of age or older, to have access to existing
23information regarding the educational options available, including,
24but not limited to, the coursework necessary for vocational and
25postsecondary educational programs, and information regarding
26financial aid for postsecondary education.

27(26) To have access tobegin delete age-appropriate, medically accurateend delete
28begin insert age-appropriate end insert information aboutbegin delete sexual development,end delete
29 reproductive healthbegin insert careend insert,begin delete andend deletebegin insert the end insert prevention of unplanned
30begin delete pregnanciesend deletebegin insert pregnancy,end insert andbegin insert the prevention and treatment ofend insert
31 sexually transmittedbegin delete diseases, and, for childrenend deletebegin insert infections atend insert 12
32years of age orbegin delete older, to be informed of his or her right as a minor
33to receive this information and consent to those health services.end delete

34begin insert older.end insert

begin delete

35(27) To consent to and access services including diagnosis and
36treatment of sexual assault, medical care relating to the prevention
37or treatment of pregnancy, including contraception, abortion, and
38prenatal care, treatment of infectious, contagious, or communicable
39diseases, mental health treatment, and treatment for alcohol and
40drug abuse pursuant to Chapter 3 (commencing with Section 6920)
P13   1of Part 4 of Division 11 of the Family Code, and, for children 12
2years of age or older, to be informed of his or her right as a minor
3to consent to and receive those health services.

end delete

4(b) Nothing in this section shall be interpreted to require a foster
5care provider to take any action that would impair the health and
6safety of children in out-of-home placement.

7(c) The State Department of Social Services and each county
8welfare department are encouraged to work with the Student Aid
9Commission, the University of California, the California State
10University, and the California Community Colleges to receive
11information pursuant to paragraph (23) of subdivision (a).

12

SEC. 4.  

Section 16002.5 of the Welfare and Institutions Code
13 is amended to read:

14

16002.5.  

It is the intent of the Legislature to maintain the
15continuity of the family unit and to support and preserve families
16headed by minor parents and nonminor dependent parents who
17are themselves under the jurisdiction of the juvenile court by
18ensuring that minor parents and their children are placed together
19in as family-like a setting as possible, unless it has been determined
20that placement together poses a risk to the child. It is also the intent
21of the Legislature to ensure that complete and accurate data on
22begin deletepregnant andend delete parenting minor and nonminor dependents and their
23children is collected, and that the State Department of Social
24Servicesbegin delete ensures that the new Child Welfare Services/Case
25Management System includes a mandatory field to track the
26number of parenting minor and nonminor dependent parents and
27their children, and that prior to the implementation of a new
28statewide system, interim procedures are developed and
29implemented to track this information.end delete
begin insert shall ensure that the
30following information is publicly available on a quarterly basis
31by county about parenting minor and nonminor dependents and
32their children: total number of children, their age, their ethnic
33group, their placement type, and their time in care.end insert

34(a) To the greatest extent possible, minorbegin delete parentsend delete and nonminor
35dependent parents and their childrenbegin delete living in foster careend delete shall be
36provided with access to existing services for which they may be
37eligible, that are specifically targeted at supporting, maintaining,
38and developing both the parent-child bond and the minor parent’s
39ability to provide a permanent and safe home for the child.
40Examples of these services may include, but are not limited to,
P14   1child care, parenting classes, child development classes, and
2frequent visitation.

3(b) Child welfare agencies shall ensure that minor parents and
4nonminor dependent parents have access to social workers or
5resource specialists who have received training on the needs of
6teenage parents and available resources, including, but not limited
7to, maternal and child health programs, child care, and child
8development classes.begin delete The case plans for pregnant minor and
9nonminor dependents shall be updated within 30 calendar days of
10the date the agency is informed of a pregnancy based on
11information collected from a specialized conference to be held by
12the agency.end delete
begin insert Child welfare agencies shall update the case plans for
13pregnant and parenting teens within 60 calendar days of the date
14the agency is informed of a pregnancy. When updating the case
15plan, child welfare agencies shall hold a specialized conference
16to assist pregnant or parenting foster youth and nonminor
17dependents with planning for healthy parenting and identifying
18appropriate resources and services, and to inform the case plan.end insert

19 The specialized conference shall include the pregnant or parenting
20minor or nonminor dependent, family members, and other
21supportive adults, and the specially trained social worker or
22resource specialist. The specialized conference may include other
23individuals, including, but not limited to, a public health nurse, a
24community health worker, or other personnel with a comprehensive
25knowledge of available maternal and child resources, including
26public benefit programs.begin delete If the pregnant or parenting minor or
27nonminor dependent is unable or unwilling to participate in the
28specialized conference, he or she shall not be penalized and the
29agency shall identify needed resources and assist the pregnant or
30parenting minor or nonminor dependent in accessing those
31resources.end delete
begin insert Participation in the specialized conference shall be
32voluntary on the part of the foster youth or nonminor dependent
33and assistance in identifying and accessing resources shall not be
34dependent on participation in the conference.end insert

35(c) The minor parent shall be given the ability to attend school,
36complete homework, and participate in age and developmentally
37appropriate activities unrelated to and separate from parenting.

38(d) Child welfare agencies, local educational agencies, and child
39care resource and referral agencies shall make reasonable and
40 coordinated efforts to ensure that minor parents and nonminor
P15   1dependent parents who have not completed high school have access
2to school programs that provide onsite or coordinated child care,
3and that minor dependent parents are given priority for subsidized
4child care.

5(e) Foster care placements for minor parents and their children
6shall demonstrate a willingness and ability to provide support and
7assistance to dependent minor parents and their children.

8(f) Contact between the child, the custodial parent, and the
9noncustodial parent shall be facilitated if that contact is found to
10be in the best interest of the child.

11(g) For the purpose of this section, “child” refers to the child
12born to the minor parent.

13(h) For the purpose of this section, “minor parent” refers to a
14dependent child who is also a parent.

15(i) For the purpose of this section, “nonminor dependent parent”
16refers to a nonminor as described in subdivision (v) of Section
1711400 who also is a parent.

18

SEC. 5.  

If the Commission on State Mandates determines that
19this act contains costs mandated by the state, reimbursement to
20local agencies and school districts for those costs shall be made
21pursuant to Part 7 (commencing with Section 17500) of Division
224 of Title 2 of the Government Code.



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