BILL ANALYSIS
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THIRD READING
Bill No: ACR 58
Author: Parra (D)
Amended: 5/9/05 in Assembly
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 6-1, 6/28/05
AYES: Simitian, Maldonado, Alarcon, Alquist, Chesbro,
Florez
NOES: Aanestad
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 78-0, 5/26/05 - See last page for vote
SUBJECT : Foster youth
SOURCE : California Youth Connection
DIGEST : This bill 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.
ANALYSIS : Existing state and federal law establishes a
foster youth bill of rights. Existing 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.
CONTINUED
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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 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
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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.
FISCAL EFFECT : Fiscal Com.: Yes
SUPPORT : (Verified 6/28/05)
California Youth Connection (source)
AFSCME
National Center on Youth Law
ARGUMENTS IN SUPPORT : According to the author's office,
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
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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
responsibility to assist foster youth in understanding
their rights and the resources available to support them.
ASSEMBLY FLOOR :
AYES: Aghazarian, Arambula, Baca, Bass, Benoit, Berg,
Bermudez, Blakeslee, Bogh, Calderon, Canciamilla, Chan,
Chavez, Chu, Cogdill, Cohn, Coto, Daucher, De La Torre,
DeVore, Dymally, Emmerson, Evans, Frommer, Garcia,
Goldberg, Hancock, Harman, Haynes, Jerome Horton, Shirley
Horton, Houston, Huff, Jones, Karnette, Keene, Klehs,
Koretz, La Malfa, La Suer, Laird, Leno, Leslie, Levine,
Lieber, Liu, Matthews, Maze, McCarthy, Montanez,
Mountjoy, Mullin, Nation, Nava, Negrete McLeod, Niello,
Oropeza, Parra, Pavley, Plescia, Richman, Ridley-Thomas,
Sharon Runner, Ruskin, Saldana, Salinas, Spitzer,
Strickland, Torrico, Tran, Umberg, Vargas, Villines,
Walters, Wolk, Wyland, Yee, Nunez
NO VOTE RECORDED: Gordon, Nakanishi
CTW:do 8/17/05 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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