BILL ANALYSIS Ó SENATE COMMITTEE ON HUMAN SERVICES Senator McGuire, Chair 2015 - 2016 Regular Bill No: AB 1067 ----------------------------------------------------------------- |Author: |Gipson | ----------------------------------------------------------------- |----------+-----------------------+-----------+-----------------| |Version: |May 3, 2016 |Hearing | | | | |Date: | | |----------+-----------------------+-----------+-----------------| |Urgency: |No |Fiscal: |Yes | ---------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Mareva Brown | |: | | ----------------------------------------------------------------- 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) AB 1067 (Gipson) PageB of? 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 AB 1067 (Gipson) PageC of? 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) AB 1067 (Gipson) PageD of? 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. AB 1067 (Gipson) PageE of? 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 of? 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 AB 1067 (Gipson) PageG of? 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 --------------------------- <1> Office of the California Foster Care Ombudsman, Fiscal year 2012/2013 Annual Report, pg. 5 AB 1067 (Gipson) PageH of? 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 AB 1067 (Gipson) PageI of? 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 carefacilitiesprovider associations. i. Any other interested parties. PRIOR VOTES ----------------------------------------------------------------- |Assembly Floor: |78 - | | |0 | |-----------------------------------------------------------+-----| AB 1067 (Gipson) PageJ of? |Assembly Appropriations Committee: |17 - | | |0 | |-----------------------------------------------------------+-----| |Assembly Human Services Committee: |7 - | | |0 | ----------------------------------------------------------------- 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 --