BILL NUMBER: AB 224 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 7, 2015
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 education
educational 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. The bill would require the department to consult
with the Office of the State Foster Care Ombudsperson in developing
specified notice provisions. 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 education educational rights of
foster children, as specified in Sections 48850 to this section,
inclusive, 48911, 48915.5, 49069.5, 49076, 51225.2, and
51225.3. 51225.1, and 51225.2. The notice shall
include complaint process information, as applicable. 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. 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.
(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.