Amended in Assembly April 12, 2016

Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2767


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: caregivers: information.

Existing lawbegin delete providesend deletebegin insert states the findings and declarations of the Legislatureend insert 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.

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

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

P2    1

SECTION 1.  

Section 16010.4 of the Welfare and Institutions
2Code
is amended to read:

3

16010.4.  

The Legislature finds and declares all of the following:

4(a) The State of California is guardian to roughly 60,000 children
5in foster care.begin insert As of 2014,end insert California has a disproportionately high
6number of children in foster care. While the state is home to 12
7percent of the nation’s population, it guards overbegin delete 20end deletebegin insert 15end insert percent of
8the nation’s children in its foster care system.begin delete Thirty-fiveend delete
9begin insert Thirty-threeend insert percent of foster children live with relatives.

10(b) Foster parents are one of the most important sources of
11information about the children in their care. Courts, lawyers, and
12social workers should have the benefit of caregivers’ perceptions.
13Both federal and state law recognize the importance of foster
14parents’ participation in juvenile court proceedings. Federal law
15requires that foster parents and other caregivers receive expanded
16opportunities for notice, the right to participate in dependency
17court review and permanency hearings, and the right to
18communicate concerns to the courts. State law similarly provides
19that caregivers may submit their concerns to courts in writing.

20(c) It is in the children’s best interests that their caregivers are
21privy to important information about them. This information is
22necessary to obtain social and health services for children, enroll
23children in school and extracurricular activities, and update social
24workers and court personnel about important developments
25affecting foster children.

26(d) Most school districts and extracurricular organizations
27require proof of age before enrolling a child in their programs.
28Moreover, caregivers are required to obtain a medical appointment
29for their foster children within the first month of receiving the
30children into their homes. It would therefore be in both the
31children’s and the caregivers’ best interests to be provided with
32any available medical information, medications and instructions
33for use, and identifying information about the children upon
34receiving the children into their homes.

35(e) Caregivers should have certain basic information in order
36to provide for the needs of children placed in their care, including
37all of the following:

P3    1(1) The name, mailing address, telephone number, facsimile
2 number, and email address of the child’s social worker and the
3social worker’s supervisor.

4(2) The name, mailing address, telephone number, facsimile
5number, and email address of the child’s attorney and
6court-appointed special advocate (CASA), if any.

7(3) The name, address, and department number of the juvenile
8court in which the child’s juvenile court case is pending.

9(4) The case number assigned to the child’s juvenile court case.

10(5) A copy of the child’s birth certificate, passport, or other
11identifying documentation of age as may be required for enrollment
12in school and extracurricular activities.

13(6) The child’s State Department of Social Services
14identification number.

15(7) The child’s Medi-Cal identification number or group health
16insurance plan number.

17(8) Medications or treatments in effect for the child at the time
18of placement, and instructions for their use.

19(9) A plan outlining the child’s needs and services, including
20information on family and sibling visitation.

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

22(1) Their right to receive notice of all review and permanency
23hearings concerning the child during the placement.

24(2) Their right to attend those hearings or submit information
25they deem relevant to the court in writing.

26(3) The “Caregiver Information Form” (Judicial Council Form
27JV-290), which allows the caregiver to provide information directly
28to the court.

29(4) Information about and referrals to any existing services,
30including transportation, translation, training, forms, and other
31available services.

32(5) The caregiver’s obligation to cooperate with any
33reunification, concurrent, or permanent planning for the child.

34(6) Any known siblings or half-siblings of the child, whether
35the child has, expects, or desires to have contact or visitation with
36any or all siblings, and how and when caregivers facilitate the
37contact or visitation.

P4    1(g) Courts should know, at the earliest possible date, the interest
2of the caretaker in providing legal permanency for the child.



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