BILL ANALYSIS Ó
AB 1067
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Date of Hearing: January 21, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
1067 (Gipson) - As Amended January 14, 2016
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY: This bill requires the Department of Social Services
(DSS) to convene a working group to make recommendations to the
Legislature for revising the Foster Youth Bill of Rights and to
develop standardized information about the specified rights for
dissemination and educational purposes. Specifically, this bill:
AB 1067
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1)Requires DSS to convene a working group composed of all of the
following:
a) The Office of the State Foster Care Ombudsperson
b) The County Welfare Directors Association of California
c) The Chief Probation Officers
d) The County Behavioral Health Directors Association of
California
e) Current and former foster youth
f) Foster parents and caregivers
g) Foster children advocacy groups
h) Foster care facilities associations
i) Any other interested parties.
1)Requires the working group, by January 1, 2018, to make
recommendations to the Legislature for revising the Foster
Youth Bill of Rights based on a review of state law.
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2)Requires the working group, by July 1, 2018, to:
a) Develop standardized information regarding the revised
Foster Youth Bill of Rights in an age appropriate manner
and reflective of relevant licensing requirements regarding
the adequate supervision of children in care.
b) Develop recommendations regarding methods for
disseminating the standardized information in (a) above.
c) Develop recommendations for measuring, and improving if
necessary, the degree to which foster youth are adequately
informed of their rights.
FISCAL EFFECT:
Minor and absorbable costs to DSS to convene the working group
and develop recommendations.
COMMENTS:
1)Purpose. According to the author, "Current law establishes a
list of certain rights of foster children but provides no
provision for how or when these rights should be updated.
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This bill will ensure that foster youth are aware of their
rights and are actively involved in updating them."
When foster youth are not aware of their rights or do not
understand them well, the youth are less likely to take
advantage of the protection, resources, and support the state
offers. This bill seeks to ensure that foster youth are fully
informed and knowledgeable of their rights.
2)Background. In 2001, California adopted its Foster Youth Bill
of Rights (AB 899 (Liu), Chapter 683, Statutes of 2001) which
consolidated and codified the rights of foster children into
one place in statute. It also required social workers and
probation officers to periodically inform children of these
rights in an age-appropriate manner, the Office of the State
Foster Care Ombudsperson to develop and disseminate
information on these rights, and any facility licensed to
provide foster care for six or more children to post a listing
of these rights. Additional rights have been added to the
Foster Youth Bill of Rights over time.
The current list of rights for all minors and nonminors in
foster care includes 27 enumerated rights, including the right
to live in a safe, healthy, and comfortable home where he or
she is treated with respect; be free from physical, sexual,
emotional, or other abuse, or corporal punishment; receive
adequate and healthy food, adequate clothing, and, for youth
in group homes, an allowance; and receive medical, dental,
vision, and mental health services.
3)Prior Legislation.
a) SB 731 (Leno), Chapter 805, Statutes of 2015, added the
right of foster youth to be placed in out-of-home care
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according to their gender identity, regardless of the
gender or sex listed in their court or child welfare
records.
b) ACR 58 (Parra), Resolution Chapter 150, Statutes of
2006, urged DSS and other specified entities to develop
practices that assist foster youth in understanding their
rights and the resources available to support them in
foster care and as they transition out of foster care.
c) AB 899 (Liu), Chapter 683, Statutes of 2001, adopted
California's Foster Youth Bill of Rights.
d) SB 1974 (Watson), 1996, among other things, would have
required youth placed in foster care to be provided an
orientation that included an explanation of the child's
rights. It was vetoed by Governor Wilson.
e) AB 2923 (Bates), 1994, would have adopted a Group Home
Bill of Rights. It was vetoed by Governor Wilson.
Analysis Prepared by:Jennifer Swenson / APPR. / (916)
319-2081
AB 1067
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