BILL NUMBER: SB 528 CHAPTERED
BILL TEXT
CHAPTER 338
FILED WITH SECRETARY OF STATE SEPTEMBER 23, 2013
APPROVED BY GOVERNOR SEPTEMBER 23, 2013
PASSED THE SENATE SEPTEMBER 10, 2013
PASSED THE ASSEMBLY SEPTEMBER 9, 2013
AMENDED IN ASSEMBLY SEPTEMBER 3, 2013
AMENDED IN ASSEMBLY AUGUST 5, 2013
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
INTRODUCED BY Senator Yee
(Principal coauthor: Senator Leno)
(Coauthors: Senators Beall and Evans)
(Coauthor: Assembly Member Ammiano)
FEBRUARY 21, 2013
An act to amend Sections 369, 16001.9, and 16002.5 of the Welfare
and Institutions Code, relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
SB 528, 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 access to
age-appropriate, medically accurate information about sexual
development, reproductive health, and prevention of unplanned
pregnancies and sexually transmitted infections.
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 parenting minor and nonminor
dependents 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. 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 369 of the Welfare and Institutions Code is
amended to read:
369. (a) Whenever 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) Whenever 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) Whenever 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) Whenever 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) In any case in which 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
is authorized to inform the child of his or her right as a minor to
consent to and receive those health services, as necessary. Social
workers are authorized to provide dependent children access to
age-appropriate, medically accurate information about sexual
development, reproductive health, and prevention of unplanned
pregnancies and sexually transmitted infections.
SEC. 2. 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, medically accurate
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. 3. 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
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: total number of parenting minor and nonminor dependents
in each county, their age, their ethnic group, their placement type,
their time in care, the number of children they have, and whether
their children are court dependents.
(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.
(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.