AB 2869,
as amended, Chávez. begin deleteFoster care: placement. end deletebegin insertDependent children: military notification.end insert
Existing law provides that a child may come within the jurisdiction of the juvenile court and become a dependent child of the court in certain cases, including when the child has suffered, or is at substantial risk of suffering, serious physical harm or illness as a result of the willful or negligent failure of the parent or guardian to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law requires a social worker who has cause to believe that a child has been abused or neglected to immediately conduct an investigation to determine whether child welfare services should be offered to the family and whether proceedings in the juvenile court should be commenced.
end insertbegin insertThis bill would require a social worker, when he or she is conducting that investigation, to ascertain whether the parent or guardian of the child, or that person’s spouse, is a member of the Armed Forces, as specified. The bill would require the social worker to notify the applicable military Family Advocacy Program when there is an open investigation, relating to a military parent or guardian, or a military spouse of the parent or guardian, to determine if a child has been abused or neglected.
end insertbegin insertBecause this bill would impose additional duties on social workers, the bill would impose a state-mandated local program.
end insertbegin insertThe California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertExisting law declares, among other things, that the state has a duty to care for and protect the children that the state places into foster care, and as a matter of public policy, the state assumes an obligation of the highest order to ensure the safety of children in foster care, and a judicial order establishing jurisdiction over a child placed into foster care supplants or limits parental or previous adult authority. Existing law also declares the intent of the Legislature to confirm the state’s duty to comply with all requirements of the federal Social Security Act that are relevant to the protection and welfare of children in foster care.
end deleteThis bill would make technical, nonsubstantive changes to these provisions.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 328.1 is added to the end insertbegin insertWelfare and
2Institutions Codeend insertbegin insert, to read:end insert
(a) A social worker who is conducting an investigation
4described in Section 328 shall make every effort as soon as
5practicable to ascertain whether the parent or guardian of the
6child, or that person’s spouse, is a member of the Armed Forces.
7(b) If the parent or guardian of a child who is the subject of an
8investigation described in Section 328, or that person’s spouse, is
9a member of the Armed Forces, the social worker shall notify the
10Family Advocacy Program of the military installation at which
11the member is stationed that there is an open investigation, relating
12to that military parent or guardian, or that military spouse of the
13parent or guardian, to determine if the child is a person described
14in Section
300.
To the extent that this act has an overall effect of
2increasing the costs already borne by a local agency for programs
3or levels of service mandated by the 2011 Realignment Legislation
4within the meaning of Section 36 of Article XIII of the California
5Constitution, it shall apply to local agencies only to the extent that
6the state provides annual funding for the cost increase. Any new
7program or higher level of service provided by a local agency
8pursuant to this act above the level for which funding has been
9provided shall not require a subvention of funds by the state nor
10otherwise be subject to Section 6 of
Article XIII B of the California
11Constitution.
Section 16000.1 of the Welfare and Institutions
13Code is amended to read:
(a) The Legislature finds and declares all of the
15following:
16(1) The state has a duty to care for and protect the children that
17the state places into foster care, and as a matter of public policy,
18the state assumes an obligation of the highest order to ensure the
19safety of children in foster care.
20(2) A judicial order establishing jurisdiction over a child placed
21into foster care supplants or limits parental or previous adult
22authority.
23(3) This
section is not intended to change the balance of liability
24between the state and the counties as it existed prior to the decision
25of the California Court of Appeal in County of Los Angeles v.
26Superior Court of Los Angeles: Real Party in Interest Terrell R.
27(2002) 102 Cal.App.4th 627, as established by the decision of the
28California Court of Appeal in Scott v. County of Los Angeles
29(1994) 27 Cal.App.4th 125. Furthermore, this section is not
30intended to increase or decrease the liability of the state as it existed
31prior to the Terrell R. case.
32(b) (1) It is the intent of the Legislature that
the decision of the
33California Court of Appeal in County of Los Angeles v. Superior
34Court of Los Angeles: Real Party in Interest Terrell R. (2002) 102
35Cal.App.4th 627, shall not be held to change the standards of
36liability and immunity for injuries to children in protective custody
37that existed prior to that decision.
38(2) It is the intent of the Legislature to confirm the state’s duty
39to comply with all requirements under Part B of Title IV of the
40Social Security Act (42 U.S.C. Sec. 621 et seq.) and Part E of Title
P4 1IV of the Social Security Act (42 U.S.C. Sec. 670 et seq.) that are
2relevant to the protection and welfare of children
in foster care.
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