BILL ANALYSIS
ACR 58
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Date of Hearing: May 10, 2005
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Noreen Evans, Chair
ACR 58 (Parra) - As Amended: May 9, 2005
SUBJECT : Foster youth.
SUMMARY : Recognizes the rights of foster youth as outlined in
state law. Specifically, this resolution :
1)Specifies that there are ninety-five thousand children in
foster care in California and that the state assumes ultimate
responsibility for those children when it removes a child from
their parents care and places them in foster care.
2)States that foster youth require additional protection,
resources and support to make a successful transition into
adulthood.
3)Recognizes that the Legislature has enacted numerous measures
to ensure and strengthen the rights of foster youth and
identifies education, including higher education as the key to
self-sufficiency for many foster youth.
4)States that foster youth often lack access to information
about their rights and available resources and notes that the
Office of the State Foster Care Ombudsperson can be notified
if there is a violation of the rights as specified in law.
5)Requests that outreach activities for the Ombudsperson
including, but not limited to, a travel budget be fully
funded.
6)Requests the expansion of the scope of the Ombudsperson to
include the ability to independently report to the public and
the Legislature regarding the concerns and complaints by
foster youth.
7)Recognizes the creation of local foster care ombudsperson
offices and the centralization of foster youth resources as
promising steps toward ensuring that foster youth are informed
of and can access services.
8)States that everyone who comes into contact with foster youth
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should share responsibility for ensuring that the youth know
their rights.
9)Urges the State Department of Social Services, the State
Department of Education, the State Department of Mental
Health, the County Welfare Directors Association of Social
Workers, the California Judicial Council, the California State
Foster parent Association, the California Alliance for
Children and Family Services and the California Chief
Probation Officers Association to develop practices that will
facilitate making foster youth aware of their rights and
available resources.
EXISTING LAW establishes a foster youth bill of rights. And
existing federal law requires all states, in order to be
eligible to receive federal foster care monies, to establish
standards for foster family homes, including standards for
safety, sanitation, and protection of civil rights.
FISCAL EFFECT : Unknown
COMMENTS : AB 899 (Liu), Chapter 683, Statutes of 2001
established a Foster Youth Bill of Rights, which includes rights
for all children in foster care such as the right to live in a
safe, healthy, and comfortable home where the child is treated
with respect; the right to be free from physical, sexual,
emotional, or other abuse; the right to receive adequate and
healthy food and adequate clothing; and the right to attend
religious services and activities of his or her choice.
AB 458 (Chu) Chapter 331, Statutes of 2003 amended the Foster
Youth Bill of Rights to ensure that foster children and others
in the foster care community are not subjected to discrimination
or harassment on the basis of actual or perceived race, ethnic
group identification, ancestry, national origin, color,
religion, sex, sexual orientation, gender identity, mental or
physical disability, or human immunodeficiency virus (HIV)
status.
ACR 58 was developed during the lobby day for the California
Youth Connection (CYC) when the foster youth expressed their
frustration with the lack of publicity and enforcement of the
rights that the Legislature enacted.
The bill as amended May 9, 2005 reflects technical and
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clarifying amendments as suggested by Committee staff.
REGISTERED SUPPORT / OPPOSITION :
Support
California Youth Connection (CYC)
Opposition
None on file.
Analysis Prepared by : Caitlin O'Halloran / HUM. S. / (916)
319-2089