Amended in Assembly January 4, 2016

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 begin delete amend Section 16001.9 of end delete begin insert add Section 16001.8 to end insert the Welfare and Institutions Code, relating to foster children.

LEGISLATIVE COUNSEL’S DIGEST

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

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.

This bill would begin delete 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. end delete begin insert require the State Department of Social Services to convene a working group to develop standardized information about the specified rights of all minors and nonminors in foster care in order to educate them, foster care providers, and others, and would require the working group to be composed of, among others, the California Welfare Directors Association and foster children advocacy groups. end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 16001.8 is added to the end insert begin insert Welfare and
Institutions Code end insert begin insert , to read: end insert

begin insert

begin insert 16001.8. end insert   

The State Department of Social Services shall convene
a working group to develop standardized information about the
rights of all minors and nonminors in foster care, as specified in
Section 16001.9, in order to educate them, foster care providers,
and others. The working group shall be composed of all of the
following:

(a) The California Welfare Directors Association.

(b) The Chief Probation Officers of California.

(c) Foster children advocacy groups.

(d) Foster care facilities associations.

(e) Any other interested parties.

end insert

begin delete

SECTION 1.  

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

16001.9.  

(a) It is the policy of the state that all minors and
nonminors in foster care shall have the following rights:

(1) To live in a safe, healthy, and comfortable home where he
or she is treated with respect.

(2) To be free from physical, sexual, emotional, or other abuse,
or corporal punishment.

(3) To receive adequate and healthy food, adequate clothing,
and, for youth in group homes, an allowance.

(4) To receive medical, dental, vision, and mental health
services.

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

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

(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.

(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.

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

(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).

end delete