BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON HUMAN SERVICES
                               Senator McGuire, Chair
                                2015 - 2016  Regular 

          Bill No:              AB 1067
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          |Author:   |Gipson                                                |
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          |Version:  |May 3,  2016           |Hearing    |                 |
          |          |                       |Date:      |                 |
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          |Urgency:  |No                     |Fiscal:    |Yes              |
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          |Consultant|Mareva Brown                                          |
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                         Subject:  Foster children:  rights


            SUMMARY
          
          This bill requires the California Department of Social Services  
          (CDSS) to convene a working group, with specified participants,  
          to consider revising the foster youth bill of rights and make  
          related recommendations to the Legislature. It additionally  
          requires a social worker or probation officer to provide those  
          rights to the care provider, the child and the child and family  
          team, to provide a written copy of the rights to the child and  
          to include the signature of a foster child, as specified, at  
          each six-month status review. 

            ABSTRACT
          
          Existing law:

             1)   Establishes a system of juvenile dependency for children  
               who are or are at risk of being physically, sexually or  
               emotionally abused, being neglected or being exploited to  
               ensure their safety, protection and physical and emotional  
               well-being. (WIC 300, et seq.)

             2)   Requires the status of every dependent child in foster  
               care to be reviewed no less often than once every six  
               months, and for the court to consider the continuing  
               necessity for placement, whether the placement is  
               appropriate and other factors. (WIC 366) 








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             3)   Delineates the rights of foster children, including: 

               a)     To live in a safe, healthy, and comfortable home  
                 where he or she is treated with respect.
               b)     To be free from physical, sexual, emotional, or  
                 other abuse, or corporal punishment.
               c)     To receive adequate and healthy food, adequate  
                 clothing, and, for youth in group homes, an allowance.
               d)     To receive medical, dental, vision, and mental  
                 health services.
               e)     To be free of the administration of medication or  
                 chemical substances, unless authorized by a physician.
               f)     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.
               g)     To visit and contact brothers and sisters, unless  
                 prohibited by court order.
               h)     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.
               i)     To make and receive confidential telephone calls and  
                 send and receive unopened mail, unless prohibited by  
                 court order.
               j)     To attend religious services and activities of his  
                 or her choice.
               aa)    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.
               bb)    To not be locked in a room, building, or facility  
                 premises, unless placed in a community treatment  
                 facility.
               cc)    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.
               dd)    To work and develop job skills at an age-appropriate  
                 level, consistent with state law.
               ee)    To have social contacts with people outside of the  









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                 foster care system, including teachers, church members,  
                 mentors, and friends.
               ff)    To attend Independent Living Program classes and  
                 activities if he or she meets age requirements.
               gg)    To attend court hearings and speak to the judge.
               hh)    To have storage space for private use.
               ii)    To be involved in the development of his or her own  
                 case plan and plan for permanent placement.
               jj)    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.
               aaa)   To be free from unreasonable searches of personal  
                 belongings.
               bbb)   To the confidentiality of all juvenile court records  
                 consistent with existing law.
               ccc)    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.
               ddd)   To be placed in out-of-home care according to their  
                 gender identity, regardless of the gender or sex listed  
                 in their court or child welfare records.
               eee)   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.
               fff)   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.
               ggg)   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. (WIC 16001.9)
          









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             1)   Establishes required elements of a child's case plan,  
               including identification of specific goals, an assessment  
               of circumstances that required child welfare services  
               intervention, and a description of the schedule of the  
               placement agency contacts. Requires a social worker to  
               inform the child at least once every six months of his or  
               her rights as a foster child in a manner that is age- and  
               developmentally appropriate for the child. (WIC 16501.1)
          
          This bill:

             1)   Requires CDSS to convene a working group regarding the  
               rights of all minors and nonminors in foster care, as  
               specified, in order to educate foster youth, foster care  
               providers, and others. Defines the group's responsibilities  
               to include all of the following:

                  a.        By January 1, 2018, make recommendations to  
                    the Legislature for revising the rights based on a  
                    review of state law.
                  b.        By July 1, 2018, develop standardized  
                    information regarding the revised rights in an  
                    age-appropriate manner and reflective of any relevant  
                    licensing requirements with respect to the foster care  
                    providers' responsibilities to adequately supervise  
                    children in care, and recommendations for  
                    disseminating the information.
                  c.        By July 1, 2018, develop recommendations for  
                    measuring and improving, if necessary, the degree to  
                    which foster youth are adequately informed of their  
                    rights.

             2)   Requires that working group shall be 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 of California.
                  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.









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                  h.        Foster care facilities associations.
                  i.        Any other interested parties.
          
             3)   Requires that the supplemental report to the court  
               associated with the six-month status hearing include the  
               signature of the foster child and the date of the signature  
               if he or she is 12 years of age or older at the time of the  
               report verifying that he or she has received and  
               understands his or her rights, as specified.

             4)   Adds to the requirement that a social worker inform the  
               child at least once every six months of his or her rights  
               as a foster child the requirement that a child be notified  
               of his or her rights at each placement change and that a  
               written copy of the rights be provided to the child during  
               each notification as a part of the explanation.

             5)   Adds to the requirement that a child be notified of his  
               or her rights the requirement that the child's care  
               provider and child and family team, if applicable, be  
               informed of the child's rights as a foster child.

             6)   Requires that a social worker or probation officer  
               document in the case plan that he or she has informed the  
               child of, and has provided the child with a written copy  
               of, his or her rights.
            


            FISCAL IMPACT
          
          According to an analysis by the Assembly Committee on  
          Appropriations, this bill will incur minor and absorbable costs  
          to CDSS to convene the working group and develop  
          recommendations.


            BACKGROUND AND DISCUSSION
          
          Purpose of the bill:

          The author states that despite laws requiring foster youth to be  
          made aware of their rights, many foster youth say they are not  
          being made aware of them. He states this bill would address this  









          AB 1067 (Gipson)                                          PageF  
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          issue by having foster youth as participants in a CDSS-run work  
          group, and by requiring the work group to make suggestions about  
          how to better disseminate the Foster Youth Bill of Rights. 

          Foster care
           
          California's county-based child welfare system is designed to  
          protect children at risk of child abuse and neglect or  
          exploitation by providing intensive services to families to  
          allow children to remain in their homes, or by arranging  
          temporary or permanent placement of the child in the safest and  
          least restrictive environment possible. It is the legal "parent"  
          for children in the foster care system. Approximately 62,000  
          children were under the custody of the child welfare system as  
          of October 2015, according to the state's child welfare case  
          management system. About 45,000 children were in out-of-home  
          placements in 2016, according to data released by CDSS with the  
          governor's budget. About 14,000 youth are placed with Foster  
          Family Agencies.

          Foster youth rights

          California's Foster Youth Bill of Rights was established in 2001  
          (AB 899, Liu, Chapter 683) and requires that children in  
          out-of-home care be provided with information by their social  
          worker every six months. Additionally HSC 1530.91 requires that  
          any provider of care for foster children must provide each  
          school age child and his or her authorized representative with  
          an age- and developmentally appropriate orientation that  
          includes an explanation of the bill of rights and addresses the  
          child's questions and concerns. Any facility licensed to provide  
          foster care for six or more children must post a listing of a  
          foster child's rights. The statute requires that state Foster  
          Care Ombudsperson design posters, which include the telephone  
          number for the Ombudsman, and to provide posters to each  
          facility of six beds or more.

          In addition, a number of other bills have established rights for  
          California's foster youth. AB 490 (Steinberg, Chapter 862,  
          Statutes of 2003) provided foster youth with specific  
          educational protections in the wake of studies that demonstrated  
          children may lose up to six months of academic and social growth  
          every time they change schools. Foster children have the right  
          to remain in their school of origin, to immediately enroll in  









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          school without any of the normally required documentation such  
          as a birth certificate or immunization records and the right to  
          partial credits, among others. 

          Under California Education Code 51225.1, a foster child may  
          remain in school for a fifth year to complete graduation  
          requirements, exempts a foster child from some graduation  
          requirements and establishes other rights. 





          Meanwhile, the federal Preventing Sex Trafficking and  
          Strengthening Families Act of 2014 (HR 4980) now requires state  
          child welfare agencies to develop a reasonable and prudent  
          parenting standard for foster parents to make parental decisions  
          to maintain the health and safety of foster youth and also make  
          decisions about the youth's participation in extracurricular,  
          enrichment, cultural and social activities. It also requires  
          states to ensure that children in foster care age 14 or older  
          participate in the development of, or revision to, his or her  
          case plan which must describe the foster child's rights and to  
          provide children aging out of foster care with a birth  
          certificate, a social security card, health insurance  
          information, medical records and a driver's license or state  
          identification. 


          The office of the state Foster Care Ombudsman in its most recent  
          report identified 271 complaints of personal rights violations,  
          mostly from youth living in group homes complaining that the  
          staff did not treat them with respect or that they did not  
          receive adequate food and clothing. The Ombudsman's report  
          recommended that social workers be required to document in court  
          reports and contact notes the date they reviewed the Foster Care  
          Rights with the foster child and youth in age-appropriate  
          language. This will ensure review of rights occurs every six  
          months as mandated.<1>

          Other states

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          <1> Office of the California Foster Care Ombudsman, Fiscal year  
          2012/2013 Annual Report, pg. 5









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          Fifteen states and Puerto Rico have enacted bills of rights for  
          foster children, and 17 states have enacted bills of rights for  
          foster parents, according to the National Conference of State  
          Legislators.<2>  During the 2014 legislative session, 10 states  
          introduced bills either seeking to enact a bill of rights or  
          otherwise extending or defining the rights of foster children  
          and parents. Some of these rights include independent living  
          services for older youth, educational consistency and  
          enrollment, foster child input into evaluations of out-of-home  
          care placements, and extracurricular activities.
          
          Related legislation:

          SB 899 (Liu, chapter 683, Statutes of 2001) established the  
          Foster Youth Bill of Rights, required social workers to notify  
          foster children of those rights and required facilities that  
          provide services for youth to make the information available.  

          AB 181 (Portantino and Beall, 2011) sought to establish a foster  
          youth mental health bill of rights. It died in the Assembly  
          appropriations committee.

            COMMENTS
          
          This bill seeks to update the existing foster care bill of  
          rights statute, which was enacted 15 years ago, by establishing  
          a task force to consider modifications and updates to the  
          rights. It additionally requires new procedures to ensure that  
          children in foster care are being notified of their rights.  
          These two paths appear to be somewhat in conflict with each  
          other -asking both for a task force and to make specific changes  
          to the existing statute. 

          The author may want to consider removing some of the recently  
          amended requirements and instead proposing them as issues for  
          the task force to consider. Specifically, staff recommends the  
          following amendments:

          Strike Sections 1 and 2 of the bill and replace the language  
          with the following: 

          ---------------------------
          <2>  
          http://www.ncsl.org/research/human-services/foster-care-bill-of-r 
          ights.aspx








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          16001.8. (a) The State Department of Social Services shall  
          convene a working group regarding the rights of all minors and  
          nonminors in foster care, as specified in Section 16001.9, in  
          order to educate foster youth, foster care providers, and  
          others. Responsibilities of the working group shall include all  
          of the following:

          (1) By January 1, 2018, make recommendations to the Legislature  
          for revising the rights based on a review of state law.
          (2) By July 1, 2018, develop standardized information regarding  
          the revised rights in an age-appropriate manner and reflective  
          of any relevant licensing requirements with respect to the  
          foster care providers' responsibilities to adequately supervise  
          children in care.
          (3) By July 1, 2018, develop recommendations regarding methods  
          for disseminating the standardized information specified in  
          paragraph (2),  including whether to require the signature of a  
          foster child verifying that he or she has received and  
          understands his or her rights.
           (4) By July 1, 2018, develop recommendations for measuring and  
          improving, if necessary, the degree to which foster youth are  
          adequately informed of their rights.
          (b) The working group shall be 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 of California.
                  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   provider  associations.
                  i.        Any other interested parties.


            PRIOR VOTES
          
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          |Assembly Floor:                                            |78 - |
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          AB 1067 (Gipson)                                          PageJ  
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          |Assembly Appropriations Committee:                         |17 - |
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          |Assembly Human Services Committee:                         |7 -  |
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            POSITIONS
                                          
          Support:
               California Youth Connection (Co-Sponsor)
               American Academy of Pediatrics 
               Aspiranet
               Children Now
               Families Now
               County Behavioral Health Directors Association
               County Welfare Directors Association of California
               Humboldt County Department of Health and Human Services
               Humboldt County Transition Age Youth Collaboration
               John Burton Foundation for Children Without Homes 
               National Center for Youth Law
               Office of the Attorney General Kamala Harris 
                    

          Oppose:   
                    None received. 

                                      -- END --