Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2767

Introduced by Assembly Member Lopez

February 19, 2016

An act begin insert to amend Section 16010.4 of the Welfare and Institutions Code, end insert relating to foster care.

LEGISLATIVE COUNSEL’S DIGEST

AB 2767, as amended, Lopez. Foster care: begin delete child care. end delete begin insert caregivers: information. end insert

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Existing law provides that a caregiver of a foster child should have certain basic information in order to provide for the needs of children placed in his or her care, including the name, mailing address, telephone number, and facsimile number of the child’s social worker, the social worker’s supervisor, the child’s attorney, and the court-appointed special advocate, if applicable.

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This bill would additionally provide that caregivers should also be provided with the email address of the child’s social worker, the social worker’s supervisor, the child’s attorney, and the court-appointed special advocate, if applicable.

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Existing law declares the intent of the Legislature to preserve and strengthen a child’s family ties whenever possible, removing the child from the custody of his or her parents only when necessary for his or her welfare or for the safety and protection of the public. Existing law includes various provisions relating to appropriate placement and other services for children in foster care.

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This bill would state the intent of the Legislature to enact legislation to meet the immediate child care needs of families who accept the foster care placement of children in their homes.

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Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

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begin insert SECTION 1. end insert   

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begin insert Section 16010.4 of the end insert begin insert Welfare and Institutions
Code end insert begin insert is amended to read: end insert

16010.4.  

The Legislature finds and declares all of the following:

(a) The State of California is guardian to begin delete more than 90,000 end delete
begin insert roughly 60,000 end insert children in foster begin delete care, more than any other state
in the nation. As of 2002, end delete begin insert care. end insert California has a disproportionately
high number of children in foster care. While the state is home to
12 percent of the nation’s population, it guards over 20 percent of
the nation’s children in its foster care system. Thirty-five percent
of foster children live with relatives.

(b) Foster parents are one of the most important sources of
information about the children in their care. Courts, lawyers, and
social workers should have the benefit of caregivers’ perceptions.
Both federal and state law recognize the importance of foster
parents’ participation in juvenile court proceedings. Federal law
requires that foster parents and other caregivers receive expanded
opportunities for notice, the right to participate in dependency
court review and permanency hearings, and the right to
communicate concerns to the courts. State law similarly provides
that caregivers may submit their concerns to courts in writing.

(c) It is in the children’s best interests that their caregivers are
privy to important information about them. This information is
necessary to obtain social and health services for children, enroll
children in school and extracurricular activities, and update social
workers and court personnel about important developments
affecting foster children.

(d) Most school districts and extracurricular organizations
require proof of age before enrolling a child in their programs.
Moreover, caregivers are required to obtain a medical appointment
for their foster children within the first month of receiving the
children into their homes. It would therefore be in both the
children’s and the caregivers’ best interests to be provided with
any available medical information, medications and instructions
for use, and identifying information about the children upon
receiving the children into their homes.

(e) Caregivers should have certain basic information in order
to provide for the needs of children placed in their care, including
all of the following:

(1) The name, mailing address, telephone number, begin delete and end delete facsimile
begin delete number end delete begin insert number, and email address end insert of the child’s social worker
and the social worker’s supervisor.

(2) The name, mailing address, telephone number, begin delete and end delete facsimile
begin delete number end delete begin insert number, and email address end insert of the child’s attorney and
court-appointed special advocate (CASA), if any.

(3) The name, address, and department number of the juvenile
court in which the child’s juvenile court case is pending.

(4) The case number assigned to the child’s juvenile court case.

(5) A copy of the child’s birth certificate, passport, or other
identifying documentation of age as may be required for enrollment
in school and extracurricular activities.

(6) The child’s State Department of Social Services
identification number.

(7) The child’s Medi-Cal identification number or group health
insurance plan number.

(8) Medications or treatments in effect for the child at the time
of placement, and instructions for their use.

(9) A plan outlining the child’s needs and services, including
information on family and sibling visitation.

(f) Caregivers should have knowledge of all of the following:

(1) Their right to receive notice of all review and permanency
hearings concerning the child during the placement.

(2) Their right to attend those hearings or submit information
they deem relevant to the court in writing.

(3) The “Caregiver Information Form” (Judicial Council Form
JV-290), which allows the caregiver to provide information directly
to the court.

(4) Information about and referrals to any existing services,
including transportation, translation, training, forms, and other
available services.

(5) The caregiver’s obligation to cooperate with any
reunification, concurrent, or permanent planning for the child.

(6) Any known siblings or half-siblings of the child, whether
the child has, expects, or desires to have contact or visitation with
any or all siblings, and how and when caregivers facilitate the
contact or visitation.

(g) Courts should know, at the earliest possible date, the interest
of the caretaker in providing legal permanency for the child.

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SECTION 1.  

It is the intent of the Legislature to enact
legislation to meet the immediate child care needs of families who
accept the foster care placement of children in their homes.

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