Amended in Assembly June 26, 2013

Amended in Assembly June 20, 2013

Amended in Senate May 28, 2013

Amended in Senate May 8, 2013

Amended in Senate April 15, 2013

Amended in Senate April 1, 2013

Senate Bill No. 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 parents 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 authorize a dependent child’s social worker, if the child is 12 years of age or older, to inform the child of his or her right as a minor to consent to and receive those health services. This bill would authorize social workers to provide dependent children with begin insert access to end insert age-appropriate, medically accurate information about sexual development, reproductive health, and prevention of unplanned pregnancies and sexually transmitted infections begin delete on an ongoing basis end delete .

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 dependent 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. Existing law requires foster care placements for minor parents and their children to demonstrate a willingness and ability to provide support and assistance to minor parents and their children.

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, as specified, and would authorize child welfare agencies to provide minor parents and nonminor dependent parents with access to social workers or resource specialists who have received specified training. The bill would encourage child welfare agencies to update the case plans for pregnant and parenting dependents within 60 calendar days of the date the agency is informed of a pregnancy, and would authorize 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 things. The bill would additionally require nonminor dependent parents to be given the ability to attend school, complete homework, and participate in age and developmentally appropriate activities separate from parenting. This bill would authorize 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 and nonminor dependent parents are given priority for subsidized child care. This bill would additionally require foster care placements for nonminor dependent parents and their children to demonstrate a willingness and ability to provide support and assistance to nonminor dependent parents and their children.

Existing law provides that it is the policy of the state that foster children have specified rights.

This bill would instead specify that all minors and nonminors in foster care have those rights. The bill would provide that foster children also have the right, at 12 years of age or older, to receive information regarding 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.

Under existing law, priority for federal and state subsidized child development services is given first to children who are or who are at risk of neglect or abuse, and second priority is given to eligible families who are income eligible, as specified. Existing law provides that if 2 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.

This bill would provide that a family in which one or both parents are foster youth or nonminor dependents under 21 years of age shall also be given second priority enrollment. The bill would prohibit this priority enrollment from being used to displace children who are currently receiving care.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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, (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, (iv) seeking
permanent housing for family stability, or (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 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, or the family in
which one or both parents are foster youth or nonminor dependents
under 21 years of age, shall be admitted first. Priority enrollment
for families in which one or both parents are foster youth or
nonminor dependents under 21 years of age shall be granted when
slots become available, but shall not displace children who are
currently receiving care. If there is no family of the same priority
with a child with exceptional needs, or a family in which one or
both parents are foster youth or nonminor dependents under 21
years of age, 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,
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 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
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.

SEC. 2.  

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

369.  

(a)  begin delete If end delete begin insert Whenever end insert 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)  begin delete If end delete begin insert Whenever end insert 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)  begin delete If end delete begin insert Whenever end insert 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)  begin delete If end delete begin insert Whenever end insert 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)  begin delete If end delete begin insert In any case in which end insert 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 12 years of age or older, his or her social
worker begin delete may end delete begin insert is authorized to end insert inform the child of his or her right as
a minor to consent to and receive those health services, as
necessary. Social workers begin delete may end delete begin insert are authorized to end insert provide dependent
children begin delete with end delete begin insert access to end insert age-appropriate, medically accurate
information about sexual development, reproductive health, and
prevention of unplanned pregnancies and sexually transmitted
infections begin delete on an ongoing basis end delete .

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 minors and
nonminors 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, 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 begin insert , medically accurate end insert
information about reproductive health care, the prevention of
unplanned pregnancy, and the prevention and treatment of sexually
transmitted infections at 12 years of age or older.

(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. 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 nonminor dependent 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 parenting minor and
nonminor dependents and their children is collected, and that the
State Department of Social Services shall ensure that the following
information is publicly available on a quarterly basis by county
about parenting minor and nonminor dependents and their children:
total number of children, their age, their ethnic group, their
placement type, and their time in care.

(a) To the greatest extent possible, minor parents and nonminor
dependent parents and their children 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 dependent 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 may provide minor parents and
nonminor dependent parents with 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. Child welfare agencies are encouraged to
update the case plans for pregnant and parenting dependents within
60 calendar days of the date the agency is informed of a pregnancy.
When updating the case plan, child welfare agencies may hold a
specialized conference to assist pregnant or parenting foster youth
and nonminor dependents with planning for healthy parenting and
identifying appropriate resources and services, and to inform the
case plan. 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. Participation in the specialized conference
shall be voluntary on the part of the foster youth or nonminor
dependent and assistance in identifying and accessing resources
shall not be dependent on participation in the conference.

(c) The minor parents and nonminor dependent parents 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 may 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 and nonminor dependent parents are given
priority for subsidized child care.

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