Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1067

Introduced by Assembly Member Gipson

February 26, 2015

An act to amend Section begin delete 16000 end delete begin insert 16001.9 end insert of the Welfare and Institutions Code, relating to begin delete child welfare. end delete begin insert foster children. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1067, as amended, Gipson. begin delete Child welfare. end delete begin insert Foster children: psychotropic medication. end insert

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Existing law provides that it is the policy of the state that all minors and nonminors in foster care have specified rights, including, among others, the right to be free of the administration of medication or chemical substances, unless authorized by a physician.

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This bill would additionally specify that all minors and nonminors in foster care have certain additional rights relating to the administration of psychotropic medication, including, among others, to be informed of the risks and benefits of psychotropic medication.

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Existing law declares the intent of the Legislature to preserve and strengthen a child’s family ties whenever possible, removing the child from the custody of his or her parents only when necessary for his or her welfare or for the safety and protection of the public. Existing law includes various provisions relating to appropriate placement and other services for children in foster care.

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This bill would make technical, nonsubstantive changes to those provisions.

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

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 16001.9 of the end insert begin insert Welfare and Institutions
Code end insert begin insert is amended to read: end insert

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)  begin insert (A) end insert begin insert   end insert To be free of the administration of medication or
chemical substances, unless authorized by a physician.

begin insert

(B) To be informed of the risks and benefits of psychotropic
medication.

end insert begin insert

(C) To appear before the judge determining if psychotropic
medication should be administered, with an advocate of his or her
choice, and state that he or she objects to any recommendation to
prescribe psychotropic medication.

end insert begin insert

(D) To refuse the administration of psychotropic and other
medications consistent with applicable law or unless immediately
necessary for the preservation of life or the prevention of serious
bodily harm.

end insert begin insert

(E) To have a prescribing doctor disclose any financial ties he
or she may have to pharmaceutical companies.

end insert

(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).

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SECTION 1.  

Section 16000 of the Welfare and Institutions
Code is amended to read:

16000.  

(a) It is the intent of the Legislature to preserve and
strengthen a child’s family ties whenever possible, removing the
child from the custody of his or her parents only when necessary
for his or her welfare or for the safety and protection of the public.
If a child is removed from the physical custody of his or her
parents, preferential consideration shall be given whenever possible
to the placement of the child with the relative as required by
Section 7950 of the Family Code. If the child is removed from his
or her own family, it is the purpose of this chapter to secure as
nearly as possible for the child the custody, care, and discipline
equivalent to that which should have been given to the child by
his or her parents. It is further the intent of the Legislature to
reaffirm its commitment to children who are in out-of-home
placement to live in the least restrictive, most familylike setting
and to live as close to the child’s family as possible pursuant to
subdivision (c) of Section 16501.1. Family reunification services
shall be provided for expeditious reunification of the child with
his or her family, as required by law. If reunification is impossible
or unlikely, a permanent alternative shall be developed.

(b) It is further the intent of the Legislature to ensure that all
pupils in foster care and those who are homeless, as defined by
the federal McKinney-Vento Homeless Assistance Act (42 U.S.C.
Sec. 11301 et seq.), have the opportunity to meet the challenging
state pupil academic achievement standards to which all pupils
are held. In fulfilling their responsibilities to pupils in foster care,
educators, county placing agencies, care providers, advocates, and
the juvenile courts shall work together to maintain stable school
placements and to ensure that each pupil is placed in the least
restrictive educational programs, and has access to the 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.

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