BILL NUMBER: AB 1338
VETOED DATE: 10/07/2005
To the Members of the California State Assembly:
I am returning Assembly Bill 1338 without my signature.
This bill is similar to AB 1795 which I vetoed last year. I support
policies that provide children and their advocates with means to
obtain and exercise their rights, however this bill is unnecessary.
This bill is an overly broad and costly response to a problem that
may be resolved administratively.
The Department of Social Services has taken steps to minimize this
potential problem for foster youth by recently developing regulations
that require a Transitional Independent Living Plan to be completed
for each child in foster care. This plan includes a variety of
issues, including addressing immigration status. This should enable
the immigration process to be started sooner.
Current law requires the court to appoint an attorney to represent
the child in dependency proceedings. In addition, counties have the
option of appointing an attorney to assist in resolving the
immigration status of a child. This bill will apply an overbroad
solution to all counties regardless of the individual needs of each
jurisdiction.
For the reasons stated above I am unable to support this measure.
Sincerely,
Arnold Schwarzenegger