Senate Bill No. 214

Introduced by Senator Berryhill

February 12, 2015

An act to amend Section 16000 of the Welfare and Institutions Code, relating to foster care.

LEGISLATIVE COUNSEL’S DIGEST

SB 214, as introduced, Berryhill. Foster care services.

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 make technical, nonsubstantive changes to provisions relating to foster children.

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 16000 of the Welfare and Institutions
Code is amended to read:

16000.  

(a) It is 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.
If a child is removed from the physical custody of his or her
parents, preferential consideration shall be given whenever possible
to the placement of the child with the relative as required by
Section 7950 of the Family Code. If the child is removed from his
or her own family, it is the purpose of this chapter to secure as
nearly as possible for the child the custody, care, and discipline
equivalent to that which should have been given to the child by
his or her parents. It is further the intent of the Legislature to
reaffirm its commitment to children who are in out-of-home
placement to live in the least restrictive, most familylike setting
and to live as close to the child’s family as possible pursuant to
subdivision (c) of Section 16501.1. Family reunification services
shall be provided for expeditious reunification of the child with
his or her family, as required by law. If reunification is begin delete not possible
or likely, end delete begin insert impossible or unlikely, end insert a permanent alternative shall be
developed.

(b) It is further the intent of the Legislature to ensure that all
pupils in foster care and those who are begin delete homeless end delete begin insert homeless, end insert as
defined by the federal McKinney-Vento Homeless Assistance Act
(42 U.S.C. Sec. 11301 et begin delete seq.) end delete begin insert seq.), end insert have the opportunity to meet
the challenging state pupil academic achievement standards to
which all pupils are held. In fulfilling their responsibilities to pupils
in foster care, educators, county placing agencies, care providers,
advocates, and the juvenile courts shall work together to maintain
stable school placements and to ensure that each pupil is placed
in the least restrictive educational programs, and has access to the
academic resources, services, and extracurricular and enrichment
activities that are available to all pupils. In all instances, educational
and school placement decisions begin delete must end delete begin insert shall end insert be based on the best
interests of the child.