BILL NUMBER: AB 118 CHAPTERED 10/10/99 CHAPTER 620 FILED WITH SECRETARY OF STATE OCTOBER 10, 1999 APPROVED BY GOVERNOR OCTOBER 5, 1999 PASSED THE ASSEMBLY SEPTEMBER 2, 1999 PASSED THE SENATE SEPTEMBER 1, 1999 AMENDED IN SENATE AUGUST 30, 1999 AMENDED IN SENATE JULY 14, 1999 AMENDED IN SENATE JUNE 21, 1999 AMENDED IN ASSEMBLY MAY 28, 1999 AMENDED IN ASSEMBLY MAY 25, 1999 AMENDED IN ASSEMBLY APRIL 28, 1999 AMENDED IN ASSEMBLY APRIL 15, 1999 AMENDED IN ASSEMBLY APRIL 5, 1999 AMENDED IN ASSEMBLY MARCH 11, 1999 INTRODUCED BY Assembly Member Washington (Coauthor: Assembly Member Migden) JANUARY 5, 1999 An act to amend Section 911.4 of the Government Code, and to amend Section 396 of the Welfare and Institutions Code, relating to foster care. LEGISLATIVE COUNSEL'S DIGEST AB 118, Washington. Foster care liability. Existing law requires a claim for personal injury against a public entity, which includes the state, the Regents of the University of California, a county, city, district, public authority, public agency, and any other political subdivision or public corporation in the state, or against an employee of a public entity, to be presented not later than 6 months after accrual of the cause of action. Existing law provides that when a claim is not filed within the 6-month period, an application for leave to present the claim within a reasonable time not to exceed one year after the accrual of the cause of action may be filed in accordance with specified provisions. Existing law provides that in computing that one-year period, the time during which the person who sustained the injury or loss is a minor shall be counted, but time during which the person is mentally incapacitated and without a guardian or conservator shall not be counted. This bill would provide that time during which a minor is a dependent of the court pursuant to certain provisions of law shall, under certain circumstances, also not be counted in that one-year period. Existing law sets forth the policy of the Legislature with respect to foster care, including the policy that children have a right to a normal home life. This bill would expand that policy to refer to the right to freedom from abuse. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 911.4 of the Government Code is amended to read: 911.4. (a) When a claim that is required by Section 911.2 to be presented not later than six months after the accrual of the cause of action is not presented within that time, a written application may be made to the public entity for leave to present that claim. (b) The application shall be presented to the public entity as provided in Article 2 (commencing with Section 915) within a reasonable time not to exceed one year after the accrual of the cause of action and shall state the reason for the delay in presenting the claim. The proposed claim shall be attached to the application. (c) In computing the one-year period under subdivision (b), time during which the person who sustained the alleged injury, damage, or loss as a minor shall be counted, but the time during which he or she is mentally incapacitated and does not have a guardian or conservator of his or her person shall not be counted. (d) In addition, the time shall not be counted during which the person is detained or adjudged to be a dependent child of the juvenile court under the Arnold-Kennick Juvenile Court Law (Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code), if both of the following conditions exist: (1) The person is in the custody and control of an agency of the public entity to which a claim is to be presented. (2) The public entity or its agency having custody and control of the minor is required by statute or other law to make a report of injury, abuse, or neglect to either the juvenile court or the minor's attorney, and that entity or its agency fails to make this report within the time required by the statute or other enactment, with this time period to commence on the date on which the public entity or its agency becomes aware of the injury, neglect, or abuse. In circumstances where the public entity or its agency makes a late report, the claim period shall be tolled for the period of the delay caused by the failure to make a timely report. SEC. 2. Section 396 of the Welfare and Institutions Code is amended to read: 396. It is the policy of the Legislature that foster care should be a temporary method of care for the children of this state, that children have a right to a normal home life free from abuse, that reunification with the natural parent or parents or another alternate permanent living situation such as adoption or guardianship is more suitable to a child's well-being than is foster care, that this state has a responsibility to attempt to ensure that children are given the chance to have happy and healthy lives, and that, to the extent possible, the current practice of moving children receiving foster care services from one foster home to another until they reach the age of majority should be discontinued.