BILL NUMBER: AB 2767 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 18, 2016
INTRODUCED BY Assembly Member Lopez
FEBRUARY 19, 2016
An act to amend Section 16010.4 of the Welfare and
Institutions Code, relating to foster care.
LEGISLATIVE COUNSEL'S DIGEST
AB 2767, as amended, Lopez. Foster care: child care.
caregivers: informa tion.
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.
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.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 16010.4 of the
Welfare and Institutions Code is amended to read:
16010.4. The Legislature finds and declares all of the following:
(a) The State of California is guardian to more than
90,000 roughly 60,000 children in foster
care, more than any other state in the nation. As of 2002,
care. 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, and
facsimile number number, and email
address of the child's social worker and the social worker's
supervisor.
(2) The name, mailing address, telephone number, and
facsimile number number, and email
address 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.
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.