BILL ANALYSIS Ó AB 1067 Page 1 Date of Hearing: January 21, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 1067 (Gipson) - As Amended January 14, 2016 ----------------------------------------------------------------- |Policy | Human Services |Vote:| 7 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 Page 2 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. AB 1067 Page 3 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. AB 1067 Page 4 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 AB 1067 Page 5 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 Page 6