BILL ANALYSIS
SENATE HUMAN
SERVICES COMMITTEE
Senator S. Joseph Simitian, Chair
BILL NO: ACR 58
A
AUTHOR: Parra
C
VERSION: May 9, 2005
R
HEARING DATE: June 28, 2005
FISCAL: Appropriations
5
8
CONSULTANT:
Onishi
SUBJECT
Foster youth
SUMMARY
Recognizes the rights of foster youth as outlined in state
law and urges various entities that work with foster youth
to assist foster youth in understanding their rights and
available resources.
ABSTRACT
Current state and federal law:
1. Establishes a foster youth bill of rights.
2. 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.
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
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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 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 be fully funded, including, but not
limited to, a travel budget.
6. Requests the expansion of the scope of the
Ombudsperson to include the ability to report
independently to the public and the Legislature
regarding foster youths' concerns and complaints.
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 should share responsibility for ensuring
that these 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, 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
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making foster youth aware of their rights and
available resources.
FISCAL IMPACT
Unknown.
BACKGROUND AND DISCUSSION
According to the author, foster youth are uniquely
vulnerable because they are almost completely dependent on
the state to meet their needs and therefore require
additional protection, resources, and support to make a
successful transition to becoming healthy, self-sufficient
adults.
As part of this effort, AB 899 (Liu), Chapter 683, Statutes
of 2001, established a Foster Youth Bill of Rights, which
codifies 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 this year's lobby day for the
California Youth Connection when the foster youth expressed
their frustration with the lack of publicity and
enforcement of the rights that the Legislature enacted in
recent legislation. The author argues that if foster youth
are not aware of some of their rights or do not understand
them well, the youth are less likely to take advantage of
the protection, resources, and support the state offers.
The various governmental entities, advocates, and
stakeholders who work with foster youth therefore have a
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responsibility to assist foster youth in understanding
their rights and the resources available to support them.
Assembly votes:
Floor 78- 0
Appropriations 18-0
Human Services 7-0
POSITIONS
Support: California Youth Connection (sponsor)
American Federation of State, County and
Municipal Employees
National Center on Youth Law
Oppose: None received
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