Amended in Assembly April 7, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 224

Introduced by Assembly Member Jones-Sawyer

February 3, 2015

An act to amend Sections 48204, 48645.5, 48853, and 48853.5 of the Education Code, and to amend Sections 317 and 16010 of the Welfare and Institutions Code, relating to pupils.

LEGISLATIVE COUNSEL’S DIGEST

AB 224, as amended, Jones-Sawyer. Pupils: educational liaison for foster children.

Existing law requires each local educational agency, as defined, to designate a staff person as the educational liaison for foster children, as defined. Existing law requires the educational liaison to ensure and facilitate the proper educational placement, enrollment in school, and checkout from school of foster children, and to assist foster children when transferring from one school to another school or from one school district to another school district in ensuring the proper transfer of credits, records, and grades.

This bill would require the State Department of Education, in consultation with the California Foster Youth Education Task Force, to develop a standardized notice of the begin delete education end delete begin insert educational end insert rights of foster children, as specified, to post the notice on its Internet Web site, and to make copies of the notice available to educational liaison for foster children for dissemination. begin insert The bill would require the department to consult with the Office of the State Foster Care Ombudsperson in developing specified notice provisions. end insert The bill would require an educational liaison for foster children to ensure that public notice of the educational rights of foster children developed by the department is disseminated or posted in a public area at schools where pupils that are foster children are in attendance. The bill would additionally require an educational liaison for foster children, at the time a foster child seeks enrollment in a school and by the most cost efficient and effective means possible, to provide notice of the educational rights of foster children developed by the department to the foster child and to the parent, guardian, or educational rights holder for the foster child. By placing additional responsibilities upon an educational liaison designee of a local educational agency, the bill would impose a state-mandated local program. The bill would make other conforming changes.

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 48204 of the Education Code, as amended
by Section 1 of Chapter 93 of the Statutes of 2012, is amended to
read:

48204.  

(a) Notwithstanding Section 48200, a pupil complies
with the residency requirements for school attendance in a school
district, if he or she is any of the following:

(1) (A) A pupil placed within the boundaries of that school
district in a regularly established licensed children’s institution,
or a licensed foster home, or a family home pursuant to a
commitment or placement under Chapter 2 (commencing with
Section 200) of Part 1 of Division 2 of the Welfare and Institutions
Code.

(B) An agency placing a pupil in a home or institution described
in subparagraph (A) shall provide evidence to the school that the
placement or commitment is pursuant to law.

(2) A pupil who is a foster child who remains in his or her school
of origin pursuant to subdivisions (e) and (f) of Section 48853.5.

(3) A pupil for whom interdistrict attendance has been approved
pursuant to Chapter 5 (commencing with Section 46600) of Part
26.

(4) A pupil whose residence is located within the boundaries of
that school district and whose parent or legal guardian is relieved
of responsibility, control, and authority through emancipation.

(5) A pupil who lives in the home of a caregiving adult that is
located within the boundaries of that school district. Execution of
an affidavit under penalty of perjury pursuant to Part 1.5
(commencing with Section 6550) of Division 11 of the Family
Code by the caregiving adult is a sufficient basis for a
determination that the pupil lives in the home of the caregiver,
unless the school district determines from actual facts that the pupil
is not living in the home of the caregiver.

(6) A pupil residing in a state hospital located within the
boundaries of that school district.

(b) A school district may deem a pupil to have complied with
the residency requirements for school attendance in the district if
at least one parent or the legal guardian of the pupil is physically
employed within the boundaries of that district for a minimum of
10 hours during the school week.

(1) This subdivision does not require the school district within
which at least one parent or the legal guardian of a pupil is
employed to admit the pupil to its schools. A school district shall
not, however, refuse to admit a pupil under this subdivision on the
basis, except as expressly provided in this subdivision, of race,
ethnicity, sex, parental income, scholastic achievement, or any
other arbitrary consideration.

(2) The school district in which the residency of either the
parents or the legal guardian of the pupil is established, or the
school district to which the pupil is to be transferred under this
subdivision, may prohibit the transfer of the pupil under this
subdivision if the governing board of the district determines that
the transfer would negatively impact the court-ordered or voluntary
desegregation plan of the district.

(3) The school district to which the pupil is to be transferred
under this subdivision may prohibit the transfer of the pupil if the
district determines that the additional cost of educating the pupil
would exceed the amount of additional state aid received as a result
of the transfer.

(4) The governing board of a school district that prohibits the
transfer of a pupil pursuant to paragraph (1), (2), or (3) is
encouraged to identify, and communicate in writing to the parents
or the legal guardian of the pupil, the specific reasons for that
determination and is encouraged to ensure that the determination,
and the specific reasons therefor, are accurately recorded in the
minutes of the board meeting in which the determination was made.

(5) The average daily attendance for pupils admitted pursuant
to this subdivision is calculated pursuant to Section 46607.

(6) Unless approved by the sending school district, this
subdivision does not authorize a net transfer of pupils out of a
school district, calculated as the difference between the number
of pupils exiting the district and the number of pupils entering the
district, in a fiscal year in excess of the following amounts:

(A) For a school district with an average daily attendance for
that fiscal year of less than 501, 5 percent of the average daily
attendance of the district.

(B) For a school district with an average daily attendance for
that fiscal year of 501 or more, but less than 2,501, 3 percent of
the average daily attendance of the district or 25 pupils, whichever
amount is greater.

(C) For a school district with an average daily attendance of
2,501 or more, 1 percent of the average daily attendance of the
district or 75 pupils, whichever amount is greater.

(7) Once a pupil is deemed to have complied with the residency
requirements for school attendance pursuant to this subdivision
and is enrolled in a school in a school district the boundaries of
which include the location where at least one parent or the legal
guardian of a pupil is physically employed, the pupil does not have
to reapply in the next school year to attend a school within that
district and the district governing board shall allow the pupil to
attend school through grade 12 in that district if the parent or legal
guardian so chooses and if at least one parent or the legal guardian
of the pupil continues to be physically employed by an employer
situated within the attendance boundaries of the district, subject
to paragraphs (1) to (6), inclusive.

(c) This section shall become inoperative on July 1, 2017, and
as of January 1, 2018, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2018, deletes or
extends the dates on which it becomes inoperative and is repealed.

SEC. 2.  

Section 48204 of the Education Code, as amended by
Section 2 of Chapter 93 of the Statutes of 2012, is amended to
read:

48204.  

(a) Notwithstanding Section 48200, a pupil complies
with the residency requirements for school attendance in a school
district, if he or she is:

(1) (A) A pupil placed within the boundaries of that school
district in a regularly established licensed children’s institution,
or a licensed foster home, or a family home pursuant to a
commitment or placement under Chapter 2 (commencing with
Section 200) of Part 1 of Division 2 of the Welfare and Institutions
Code.

(B) An agency placing a pupil in the home or institution
described in subparagraph (A) shall provide evidence to the school
that the placement or commitment is pursuant to law.

(2) A pupil who is a foster child who remains in his or her school
of origin pursuant to subdivisions (e) and (f) of Section 48853.5.

(3) A pupil for whom interdistrict attendance has been approved
pursuant to Chapter 5 (commencing with Section 46600) of Part
26.

(4) A pupil whose residence is located within the boundaries of
that school district and whose parent or legal guardian is relieved
of responsibility, control, and authority through emancipation.

(5) A pupil who lives in the home of a caregiving adult that is
located within the boundaries of that school district. Execution of
an affidavit under penalty of perjury pursuant to Part 1.5
(commencing with Section 6550) of Division 11 of the Family
Code by the caregiving adult is a sufficient basis for a
determination that the pupil lives in the home of the caregiver,
unless the school district determines from actual facts that the pupil
is not living in the home of the caregiver.

(6) A pupil residing in a state hospital located within the
boundaries of that school district.

(b) This section shall become operative on July 1, 2017.

SEC. 3.  

Section 48645.5 of the Education Code is amended to
read:

48645.5.  

(a) Each public school district and county office of
education shall accept for credit full or partial coursework
satisfactorily completed by a pupil while attending a public school,
juvenile court school, or nonpublic, nonsectarian school or agency.
The coursework shall be transferred by means of the standard state
transcript. If a pupil completes the graduation requirements of his
or her school district of residence while being detained, the school
district of residence shall issue to the pupil a diploma from the
school the pupil last attended before detention or, in the alternative,
the county superintendent of schools may issue the diploma.

(b) A pupil shall not be denied enrollment or readmission to a
public school solely on the basis that he or she has had contact
with the juvenile justice system, including, but not limited to:

(1) Arrest.

(2) Adjudication by a juvenile court.

(3) Formal or informal supervision by a probation officer.

(4) Detention for any length of time in a juvenile facility or
enrollment in a juvenile court school.

(c)  Pursuant to subparagraph (B) of paragraph (8) of subdivision
(f) of Section 48853.5, a pupil who has had contact with the
juvenile justice system shall be immediately enrolled in a public
school.

SEC. 4.  

Section 48853 of the Education Code is amended to
read:

48853.  

(a) A pupil described in subdivision (a) of Section
48853.5 who is placed in a licensed children’s institution or foster
family home shall attend programs operated by the local
educational agency, unless one of the following applies:

(1) The pupil is entitled to remain in his or her school of origin
pursuant to paragraph (1) of subdivision (e) of Section 48853.5.

(2) The pupil has an individualized education program requiring
placement in a nonpublic, nonsectarian school or agency, or in
another local educational agency.

(3) The parent or guardian, or other person holding the right to
make educational decisions for the pupil pursuant to Section 361
or 726 of the Welfare and Institutions Code or Section 56055,
determines that it is in the best interests of the pupil to be placed
in another educational program, in which case the parent or
guardian or other person holding the right to make educational
decisions for the pupil shall provide a written statement that he or
she has made that determination to the local educational agency.
This statement shall include a declaration that the parent, guardian,
or other person holding the right to make educational decisions
for the pupil is aware of all of the following:

(A) The pupil has a right to attend a regular public school in the
least restrictive environment.

(B) The alternate education program is a special education
program, if applicable.

(C) The decision to unilaterally remove the pupil from the
regular public school and to place the pupil in an alternate
education program may not be financed by the local educational
agency.

(D) Any attempt to seek reimbursement for the alternate
education program may be at the expense of the parent, guardian,
or other person holding the right to make educational decisions
for the pupil.

(b) For purposes of ensuring a parent, guardian, or other person
holding the right to make educational decisions for the pupil is
aware of the information described in subparagraphs (A) to (D),
inclusive, of paragraph (3) of subdivision (a), the local educational
agency may provide him or her with that information in writing.

(c) Before any decision is made to place a pupil in a juvenile
court school as defined by Section 48645.1, a community school
as described in Sections 1981 and 48660, or other alternative
educational setting, the parent or guardian, or person holding the
right to make educational decisions for the pupil pursuant to
Section 361 or 726 of the Welfare and Institutions Code or Section
56055, shall first consider placement in the regular public school.

(d) If any dispute arises as to the school placement of a pupil
subject to this section, the pupil has the right to remain in his or
her school of origin, as defined in subdivision (f) of Section
48853.5, pending resolution of the dispute. The dispute shall be
resolved in accordance with the existing dispute resolution process
available to any pupil served by the local educational agency.

(e) This section does not supersede other laws that govern pupil
expulsion.

(f) This section does not supersede any other law governing the
educational placement in a juvenile court school, as defined by
Section 48645.1, of a pupil detained in a county juvenile hall, or
committed to a county juvenile ranch, camp, forestry camp, or
regional facility.

(g) Foster children living in emergency shelters, as referenced
in the federal McKinney-Vento Homeless Assistance Act (42
U.S.C. Sec. 11301 et seq.), may receive educational services at
the emergency shelter as necessary for short periods of time for
either of the following reasons:

(1) For health and safety emergencies.

(2) To provide temporary, special, and supplementary services
to meet the child’s unique needs if a decision regarding whether
it is in the child’s best interests to attend the school of origin cannot
be made promptly, it is not practical to transport the child to the
school of origin, and the child would otherwise not receive
educational services.

The educational services may be provided at the shelter pending
a determination by the person holding the right regarding the
educational placement of the child.

(h) All educational and school placement decisions shall be
made to ensure that the child is placed in the least restrictive
educational programs and has access to academic resources,
services, and extracurricular and enrichment activities that are
available to all pupils. In all instances, educational and school
placement decisions shall be based on the best interests of the
child.

SEC. 5.  

Section 48853.5 of the Education Code is amended to
read:

48853.5.  

(a) This section applies to a foster child. “Foster
child” means a child who has been removed from his or her home
pursuant to Section 309 of the Welfare and Institutions Code, is
the subject of a petition filed under Section 300 or 602 of the
Welfare and Institutions Code, or has been removed from his or
her home and is the subject of a petition filed under Section 300
or 602 of the Welfare and Institutions Code.

(b) The department, in consultation with the California Foster
Youth Education Task Force, shall develop a standardized notice
of the begin delete education end delete begin insert educational end insert rights of foster children, as specified
in Sections 48850 to this section, inclusive, 48911, 48915.5,
49069.5, 49076, begin delete 51225.2, and 51225.3. end delete begin insert 51225.1, and 51225.2. The
notice shall include complaint process information, as applicable. end insert
The department shall post the notice on its Internet Web site and
make copies of the notice available to educational liaison for foster
children for dissemination pursuant to this section. begin insert Any version of
this notice prepared for use by foster children shall also include,
to the greatest extent practicable, the rights established pursuant
to Section 16001.9 of the Welfare and Institutions Code. In
developing the notice that includes the rights in Section 16001.9
of the Welfare and Institutions Code, the department shall consult
with the Office of the State Foster Care Ombudsperson. end insert

(c) Each local educational agency shall designate a staff person
as the educational liaison for foster children. In a school district
that operates a foster children services program pursuant to Chapter
11.3 (commencing with Section 42920) of Part 24 of Division 3,
the educational liaison shall be affiliated with the local foster
children services program. The educational liaison shall do all of
the following:

(1) Ensure and facilitate the proper educational placement,
enrollment in school, and checkout from school of foster children.

(2) Assist foster children when transferring from one school to
another school or from one school district to another school district
in ensuring proper transfer of credits, records, and grades.

(3) Ensure that public notice of the educational rights of foster
children, developed by the department pursuant to subdivision (b),
is disseminated or posted in a public area at schools where pupils
that are foster children are in attendance.

(4) At the time a foster child seeks enrollment in a school and
by the most cost efficient and effective means possible, provide
notice of the educational rights of foster children, developed by
the department pursuant to subdivision (b), to the foster child and
to the parent, guardian, or educational rights holder for the foster
child.

(d) If so designated by the superintendent of the local
educational agency, the educational liaison shall notify a foster
child’s attorney and the appropriate representative of the county
child welfare agency of pending expulsion proceedings if the
decision to recommend expulsion is a discretionary act, pending
proceedings to extend a suspension until an expulsion decision is
rendered if the decision to recommend expulsion is a discretionary
act, and, if the foster child is an individual with exceptional needs,
pending manifestation determinations pursuant to Section 1415(k)
of Title 20 of the United States Code if the local educational agency
has proposed a change in placement due to an act for which the
decision to recommend expulsion is at the discretion of the
principal or the district superintendent of schools.

(e) This section does not grant authority to the educational
liaison that supersedes the authority granted under state and federal
law to a parent or legal guardian retaining educational rights, a
responsible adult appointed by the court to represent the child
pursuant to Section 361 or 726 of the Welfare and Institutions
Code, a surrogate parent, or a foster parent exercising the authority
granted under Section 56055. The role of the educational liaison
is advisory with respect to placement decisions and determination
of the school of origin.

(f) (1) At the initial detention or placement, or any subsequent
change in placement of a foster child, the local educational agency
serving the foster child shall allow the foster child to continue his
or her education in the school of origin for the duration of the
jurisdiction of the court.

(2) If the jurisdiction of the court is terminated before the end
of an academic year, the local educational agency shall allow a
former foster child who is in kindergarten or any of grades 1 to 8,
inclusive, to continue his or her education in the school of origin
through the duration of the academic school year.

(3) (A) If the jurisdiction of the court is terminated while a
foster child is in high school, the local educational agency shall
allow the former foster child to continue his or her education in
the school of origin through graduation.

(B) For purposes of this paragraph, a school district is not
required to provide transportation to a former foster child who has
an individualized education program that does not require
transportation as a related service and who changes residence but
remains in his or her school of origin pursuant to this paragraph,
unless the individualized education program team determines that
transportation is a necessary related service.

(4) To ensure that the foster child has the benefit of matriculating
with his or her peers in accordance with the established feeder
patterns of school districts, if the foster child is transitioning
between school grade levels, the local educational agency shall
allow the foster child to continue in the school district of origin in
the same attendance area, or, if the foster child is transitioning to
a middle school or high school, and the school designated for
matriculation is in another school district, to the school designated
for matriculation in that school district.

(5) Paragraphs (2), (3), and (4) do not require a school district
to provide transportation services to allow a foster child to attend
a school or school district, unless otherwise required under federal
law. This paragraph does not prohibit a school district from, at its
discretion, providing transportation services to allow a foster child
to attend a school or school district.

(6) The educational liaison, in consultation with, and with the
agreement of, the foster child and the person holding the right to
make educational decisions for the foster child, may recommend,
in accordance with the foster child’s best interests, that the foster
child’s right to attend the school of origin be waived and the foster
child be enrolled in a public school that pupils living in the
attendance area in which the foster child resides are eligible to
attend.

(7) Before making a recommendation to move a foster child
from his or her school of origin, the educational liaison shall
provide the foster child and the person holding the right to make
educational decisions for the foster child with a written explanation
stating the basis for the recommendation and how the
recommendation serves the foster child’s best interest.

(8) (A) If the educational liaison, in consultation with the foster
child and the person holding the right to make educational decisions
for the foster child, agrees that the best interests of the foster child
would best be served by his or her transfer to a school other than
the school of origin, the foster child shall immediately be enrolled
in the new school.

(B) The new school shall immediately enroll the foster child
even if the foster child has outstanding fees, fines, textbooks, or
other items or moneys due to the school last attended or is unable
to produce clothing or records normally required for enrollment,
such as previous academic records, medical records, including,
but not limited to, records or other proof of immunization history
pursuant to Chapter 1 (commencing with Section 120325) of Part
2 of Division 105 of the Health and Safety Code, proof of
residency, other documentation, or school uniforms.

(C) Within two business days of the foster child’s request for
enrollment, the educational liaison for the new school shall contact
the school last attended by the foster child to obtain all academic
and other records. The last school attended by the foster child shall
provide all required records to the new school regardless of any
outstanding fees, fines, textbooks, or other items or moneys owed
to the school last attended. The educational liaison for the school
last attended shall provide all records to the new school within two
business days of receiving the request.

(9) If a dispute arises regarding the request of a foster child to
remain in the school of origin, the foster child has the right to
remain in the school of origin pending resolution of the dispute.
The dispute shall be resolved in accordance with the existing
dispute resolution process available to a pupil served by the local
educational agency.

(10) The local educational agency and the county placing agency
are encouraged to collaborate to ensure maximum use of available
federal moneys, explore public-private partnerships, and access
any other funding sources to promote the well-being of foster
children through educational stability.

(11) It is the intent of the Legislature that this subdivision shall
not supersede or exceed other laws governing special education
services for eligible foster children.

(g) For purposes of this section, “school of origin” means the
school that the foster child attended when permanently housed or
the school in which the foster child was last enrolled. If the school
the foster child attended when permanently housed is different
from the school in which the foster child was last enrolled, or if
there is some other school that the foster child attended with which
the foster child is connected and that the foster child attended
within the immediately preceding 15 months, the educational
liaison, in consultation with, and with the agreement of, the foster
child and the person holding the right to make educational decisions
for the foster child, shall determine, in the best interests of the
foster child, the school that shall be deemed the school of origin.

(h) This section does not supersede other law governing the
educational placements in juvenile court schools, as described in
Section 48645.1, by the juvenile court under Section 602 of the
Welfare and Institutions Code.

SEC. 6.  

Section 317 of the Welfare and Institutions Code is
amended to read:

317.  

(a) (1) When it appears to the court that a parent or
guardian of the child desires counsel but is presently financially
unable to afford and cannot for that reason employ counsel, the
court may appoint counsel as provided in this section.

(2) When it appears to the court that a parent or Indian custodian
in an Indian child custody proceeding desires counsel but is
presently unable to afford and cannot for that reason employ
counsel, the provisions of Section 1912(b) of Title 25 of the United
States Code and Section 23.13 of Title 25 of the Code of Federal
Regulations shall apply.

(b) When it appears to the court that a parent or guardian of the
child is presently financially unable to afford and cannot for that
reason employ counsel, and the child has been placed in
out-of-home care, or the petitioning agency is recommending that
the child be placed in out-of-home care, the court shall appoint
counsel for the parent or guardian, unless the court finds that the
parent or guardian has made a knowing and intelligent waiver of
counsel as provided in this section.

(c) If a child or nonminor dependent is not represented by
counsel, the court shall appoint counsel for the child or nonminor
dependent, unless the court finds that the child or nonminor
dependent would not benefit from the appointment of counsel. The
court shall state on the record its reasons for that finding. A primary
responsibility of counsel appointed to represent a child or nonminor
dependent pursuant to this section shall be to advocate for the
protection, safety, and physical and emotional well-being of the
child or nonminor dependent. Counsel may be a district attorney,
public defender, or other member of the bar, provided that he or
she does not represent another party or county agency whose
interests conflict with the child’s or nonminor dependent’s interests.
The fact that the district attorney represents the child or nonminor
dependent in a proceeding pursuant to Section 300 as well as
conducts a criminal investigation or files a criminal complaint or
information arising from the same or reasonably related set of facts
as the proceeding pursuant to Section 300 is not in and of itself a
conflict of interest. The court may fix the compensation for the
services of appointed counsel. The appointed counsel shall have
a caseload and training that ensures adequate representation of the
child or nonminor dependent. The Judicial Council shall
promulgate rules of court that establish caseload standards, training
requirements, and guidelines for appointed counsel for children
and shall adopt rules as required by Section 326.5 no later than
July 1, 2001. Those training requirements shall include 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.

(d) Counsel shall represent the parent, guardian, child, or
nonminor dependent at the detention hearing and at all subsequent
proceedings before the juvenile court. Counsel shall continue to
represent the parent, guardian, child, or nonminor dependent unless
relieved by the court upon the substitution of other counsel or for
cause. The representation shall include representing the parent,
guardian, or the child in termination proceedings and in those
proceedings relating to the institution or setting aside of a legal
guardianship. On and after January 1, 2012, in the case of a
nonminor dependent, as described in subdivision (v) of Section
11400, no representation by counsel shall be provided for a parent,
unless the parent is receiving court-ordered family reunification
services.

(e) (1) Counsel shall be charged in general with the
representation of the child’s interests. To that end, counsel shall
make or cause to have made any further investigations that he or
she deems in good faith to be reasonably necessary to ascertain
the facts, including the interviewing of witnesses, and shall
examine and cross-examine witnesses in both the adjudicatory and
dispositional hearings. Counsel may also introduce and examine
his or her own witnesses, make recommendations to the court
concerning the child’s welfare, and participate further in the
proceedings to the degree necessary to adequately represent the
child. When counsel is appointed to represent a nonminor
dependent, counsel is charged with representing the wishes of the
nonminor dependent except when advocating for those wishes
conflicts with the protection or safety of the nonminor dependent.
If the court finds that a nonminor dependent is not competent to
direct counsel, the court shall appoint a guardian ad litem for the
nonminor dependent.

(2) If the child is four years of age or older, counsel shall
interview the child to determine the child’s wishes and assess the
child’s well-being, and shall advise the court of the child’s wishes.
Counsel shall not advocate for the return of the child if, to the best
of his or her knowledge, return of the child conflicts with the
protection and safety of the child.

(3) Counsel shall investigate the interests of the child beyond
the scope of the juvenile proceeding, and report to the court other
interests of the child that may need to be protected by the institution
of other administrative or judicial proceedings. Counsel
representing a child in a dependency proceeding is not required to
assume the responsibilities of a social worker, and is not expected
to provide nonlegal services to the child.

(4) (A) At least once every year, if the list of educational
liaisons is available on the Internet Web site for the State
Department of Education, both of the following shall apply:

(i) Counsel shall provide his or her contact information to the
educational liaison, as described in subdivision (c) of Section
48853.5 of the Education Code, of each local educational agency
serving counsel’s foster child clients in the county of jurisdiction.

(ii) If counsel is part of a firm or organization representing foster
children, the firm or organization may provide its contact
information in lieu of contact information for the individual
counsel. The firm or organization may designate a person or
persons within the firm or organization to receive communications
from educational liaisons.

(B) The child’s caregiver or other person holding the right to
make educational decisions for the child may provide the contact
information of the child’s attorney to the child’s local educational
agency.

(C) Counsel for the child and counsel’s agent may, but are not
required to, disclose to an individual who is being assessed for the
possibility of placement pursuant to Section 361.3 the fact that the
child is in custody, the alleged reasons that the child is in custody,
and the projected likely date for the child’s return home, placement
for adoption, or legal guardianship. Nothing in this paragraph shall
be construed to prohibit counsel from making other disclosures
pursuant to this subdivision, as appropriate.

(5) Nothing in this subdivision shall be construed to permit
counsel to violate a child’s attorney-client privilege.

(6) The changes made to this subdivision during the 2011-12
Regular Session of the Legislature by the act adding subparagraph
(C) of paragraph (4) and paragraph (5) are declaratory of existing
law.

(7) The court shall take whatever appropriate action is necessary
to fully protect the interests of the child.

(f) Either the child or counsel for the child, with the informed
consent of the child if the child is found by the court to be of
sufficient age and maturity to consent, which shall be presumed,
subject to rebuttal by clear and convincing evidence, if the child
is over 12 years of age, may invoke the psychotherapist-client
privilege, physician-patient privilege, and clergyman-penitent
privilege. If the child invokes the privilege, counsel may not waive
it, but if counsel invokes the privilege, the child may waive it.
Counsel shall be the holder of these privileges if the child is found
by the court not to be of sufficient age and maturity to consent.
For the sole purpose of fulfilling his or her obligation to provide
legal representation of the child, counsel shall have access to all
records with regard to the child maintained by a health care facility,
as defined in Section 1545 of the Penal Code, health care providers,
as defined in Section 6146 of the Business and Professions Code,
a physician and surgeon or other health practitioner, as defined in
former Section 11165.8 of the Penal Code, as that section read on
January 1, 2000, or a child care custodian, as defined in former
Section 11165.7 of the Penal Code, as that section read on January
1, 2000. Notwithstanding any other law, counsel shall be given
access to all records relevant to the case that are maintained by
state or local public agencies. All information requested from a
child protective agency regarding a child who is in protective
custody, or from a child’s guardian ad litem, shall be provided to
the child’s counsel within 30 days of the request.

(g) In a county of the third class, if counsel is to be provided to
a child at the county’s expense other than by counsel for the
agency, the court shall first use the services of the public defender
before appointing private counsel. Nothing in this subdivision shall
be construed to require the appointment of the public defender in
any case in which the public defender has a conflict of interest. In
the interest of justice, a court may depart from that portion of the
procedure requiring appointment of the public defender after
making a finding of good cause and stating the reasons therefor
on the record.

(h) In a county of the third class, if counsel is to be appointed
to provide legal counsel for a parent or guardian at the county’s
expense, the court shall first use the services of the alternate public
defender before appointing private counsel. Nothing in this
subdivision shall be construed to require the appointment of the
alternate public defender in any case in which the public defender
has a conflict of interest. In the interest of justice, a court may
depart from that portion of the procedure requiring appointment
of the alternate public defender after making a finding of good
cause and stating the reasons therefor on the record.

SEC. 7.  

Section 16010 of the Welfare and Institutions Code is
amended to read:

16010.  

(a) When a child is placed in foster care, the case plan
for each child recommended pursuant to Section 358.1 shall include
a summary of the health and education information or records,
including mental health information or records, of the child. The
summary may be maintained in the form of a health and education
passport, or a comparable format designed by the child protective
agency. The health and education summary shall include, but not
be limited to, the names and addresses of the child’s health, dental,
and education providers; the child’s grade level performance; the
child’s school record; assurances that the child’s placement in
foster care takes into account proximity to the school in which the
child is enrolled at the time of placement; the number of school
transfers the child has already experienced; the child’s educational
progress, as demonstrated by factors, including, but not limited
to, academic proficiency scores; credits earned toward graduation;
a record of the child’s immunizations and allergies; the child’s
known medical problems; the child’s current medications, past
health problems, and hospitalizations; a record of the child’s
relevant mental health history; the child’s known mental health
condition and medications; and any other relevant mental health,
dental, health, and education information concerning the child
determined to be appropriate by the Director of Social Services.
The health and education summary may also include the name and
contact information for the educational liaison, as described in
subdivision (c) of Section 48853.5 of the Education Code, of the
child’s local educational agency. If any other law imposes more
stringent information requirements, then that section shall prevail.

(b) Additionally, a court report or assessment required pursuant
to subdivision (g) of Section 361.5, Section 366.1, subdivision (d)
of Section 366.21, or subdivision (c) of Section 366.22 shall
include a copy of the current health and education summary
described in subdivision (a). With respect to a nonminor dependent,
as described in subdivision (v) of Section 11400, a copy of the
current health and education summary shall be included in the
court report only if and when the nonminor dependent consents in
writing to its inclusion.

(c) As soon as possible, but not later than 30 days after initial
placement of a child into foster care, the child protective agency
shall provide the caregiver with the child’s current health and
education summary as described in subdivision (a). For each
subsequent placement of a child or nonminor dependent, the child
protective agency shall provide the caregiver with a current
summary as described in subdivision (a) within 48 hours of the
placement. With respect to a nonminor dependent, as described in
subdivision (v) of Section 11400, the social worker or probation
officer shall advise the young adult of the social worker’s or
probation officer’s obligation to provide the health and education
summary to the new caregiver and the court, and shall discuss with
the youth the benefits and liabilities of sharing that information.

(d) (1) Notwithstanding Section 827 or any other law, the child
protective agency may disclose any information described in this
section to a prospective caregiver or caregivers prior to placement
of a child if all of the following requirements are met:

(A) The child protective agency intends to place the child with
the prospective caregiver or caregivers.

(B) The prospective caregiver or caregivers are willing to
become the adoptive parent or parents of the child.

(C) The prospective caregiver or caregivers have an approved
adoption assessment or home study, a foster family home license,
certification by a licensed foster family agency, or approval
pursuant to the requirements in Sections 361.3 and 361.4.

(2) In addition to the information required to be provided under
this section, the child protective agency may disclose to the
prospective caregiver specified in paragraph (1), placement history
or underlying source documents that are provided to adoptive
parents pursuant to subdivisions (a) and (b) of Section 8706 of the
Family Code.

(e) The child’s caregiver shall be responsible for obtaining and
maintaining accurate and thorough information from physicians
and educators for the child’s summary as described in subdivision
(a) during the time that the child is in the care of the caregiver. On
each required visit, the child protective agency or its designee
family foster agency shall inquire of the caregiver whether there
is any new information that should be added to the child’s summary
as described in subdivision (a). The child protective agency shall
update the summary with the information as appropriate, but not
later than the next court date or within 48 hours of a change in
placement. The child protective agency or its designee family
foster agency shall take all necessary steps to assist the caregiver
in obtaining relevant health and education information for the
child’s health and education summary as described in subdivision
(a). The caregiver of a nonminor dependent, as described in
subdivision (v) of Section 11400, is not responsible for obtaining
and maintaining the nonminor dependent’s health and educational
information, but may assist the nonminor dependent with any
recordkeeping that the nonminor requests of the caregiver.

(f) At the initial hearing, the court shall direct each parent to
provide to the child protective agency complete medical, dental,
mental health, and educational information, and medical
background, of the child and of the child’s mother and the child’s
biological father if known. The Judicial Council shall create a form
for the purpose of obtaining health and education information from
the child’s parents or guardians at the initial hearing. The court
shall determine at the hearing held pursuant to Section 358 whether
the medical, dental, mental health, and educational information
has been provided to the child protective agency.

SEC. 8.  

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.