BILL NUMBER: AB 1955	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 27, 2006

INTRODUCED BY   Assembly Member Leslie

                        FEBRUARY 2, 2006

    An act to add Chapter 2.8 (commencing with Section 16180)
to Part 4 of Division 9 of the Welfare and Institutions Code,
relating to foster care.   An act to add Section 1534.2
to the Health and Safety Code, relating to foster family homes. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1955, as amended, Leslie   California Foster Care
Investigative Procedures Act of 2006.   Community care
facilities: foster homes: investigations. 
    (1)     Existing law
establishes procedures for the placement of children in foster care,
with these provisions administered by the State Department of Social
Services and county licensing agencies.   Existing law,
the Community Care Facilities Act, provides for the licensure and
regulation of community care facilities, including foster family
homes, by the State Department of Social Services. Existing law
provides for the certification of foster homes by foster family
agencies.  
   This bill would require the department, in the process of
investigating an abuse complaint against a foster parent or foster
family, to consider, a foster care client's documented history of
making any false accusations against a foster parent or foster
family, to the extent such a documented history exists, or is known
to be true by the investigator conducting the investigation. The bill
would authorize a foster parent or foster family that is the subject
of an investigation, if the department determines a complaint
investigation to be inconclusive or unfounded, to request that the
foster care client be removed from the home, subject to applicable
laws or regulations regarding notification and procedures for
changing the placement of a child in foster care, and taking into
consideration the rights of a foster child, as prescribed. The bill
would prescribe procedures for the conduct of an investigative
interview with a foster parent or foster family in connection with
the investigation of a complaint, and would require that a
representative of the county licensing agency responsible for the
placement of the foster care client in a foster home comply with
specified requirements with regard to the investigation of those
complaints. 
    This bill would enact the California Foster Care
Investigative Procedures Act of 2006, which would require the State
Department of Social Services or county licensing agencies to take
various actions to ensure the efficient investigation of complaints
against a foster parent or family. The bill would require the
department, or a county foster care licensing agency, in the process
of investigating a complaint against a foster parent or foster
family, to consider a foster care client's documented history of
filing complaints, if any, including any history of making false
accusations against a foster parent or foster family. The bill would
require the department or a county licensing agency, if it determines
that there is no reasonable basis for a complaint filed against a
foster parent or foster family, to ensure that any record of the
complaint be removed from a specified Child Abuse Central Index. The
bill would guarante  e  certain rights to a foster
parent or family that is the subject of an investigation pursuant to
the bill. 
   By imposing additional duties on county licensing agencies, the
bill would constitute a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


   SECTION 1.    Section 1534.2 is added to the 
 Health and Safety Code   , to read:  
   1534.2.  (a) The department shall, in the process of investigating
an abuse complaint against a foster parent or a foster family,
consider a foster care client's documented history of making false
accusations against a foster parent or foster family, to the extent
such a documented history exists, or is known to be true by the
investigator conducting the investigation. If a foster care client is
determined by the department to have a history of making a false
allegation against a foster parent or foster family, that history
shall not invalidate the allegation being investigated, but shall be
considered as a factor in making any final determination with respect
to the client's placement in foster care.
   (b) Any foster care client who is the subject of an investigation
pursuant to this section may submit a written statement about the
complaint or investigation, which shall be included as part of the
client's and the foster parent or foster family's documented record.
If the foster care client is unable to make a written statement an
oral statement may be taken by the investigator.
   (c) If the department determines that a complaint investigation is
inconclusive or unfounded, the foster parent or foster family that
is the subject of the investigation may request that the foster care
client be removed from the home, subject to applicable laws and
regulations regarding notification and procedures for changing the
placement of a foster youth in foster care, and taking into
consideration the policies of the state with regard to children in
foster care, as provided in Section 16001.9 of the Welfare and
Institutions Code.
   (d) If the department conducts any investigative interview with a
foster parent or foster family in connection with the investigation
of a complaint pursuant to this section, and the foster parent or
family that is the subject of the investigation is represented by a
local county licensing agency that is responsible for placing the
foster care client with the foster parent or foster family, the
department shall notify a representative of the agency that he or she
may be present, but may not participate at, the investigative
interview, unless the right to have the representative present is
waived, in writing, by the foster parent or other individual
representing the foster family that is subject to the investigation.
The investigator may conduct the interview without the representative
from the county licensing agency if, after waiting a reasonable
period of time, not exceeding 30 minutes after the scheduled time for
the interview to begin, absent a showing of good cause by
representative for his or her failure to appear.
   (e) The department shall inform the foster parent or
representative of the foster family being interviewed that they have
the right to tape record the interview if all parties present are
aware of, and agree to, the taping.
   (f) Nothing in this section shall be construed to prohibit or
otherwise interfere with the timely removal of a child or other
foster care client in foster care whose safety or well-being may be
at risk.
   (g) This section shall not apply to any criminal or other
investigation that may be carried out by any law enforcement agencies
that may involve a foster child or other client, foster parent, or
foster family.  
  SECTION 1.    Chapter 2.8 (commencing with Section
16180) is added to Part 4 of Division 9 of the Welfare and
Institutions Code, to read:
      CHAPTER 2.8.  CALIFORNIA FOSTER CARE INVESTIGATIVE PROCEDURES
ACT OF 2006

   16180.  (a) This act shall be known, and may by cited, as the
California Foster Care Investigative Procedures Act of 2006.
   (b) (1) The department, or a county licensing agency, shall, in
the process of investigating a complaint against a foster parent or
foster family, consider a foster care client's documented history of
filing complaints, if any, including any history of making false
accusations against a foster parent or foster family.
   (2) If the department or a county licensing agency determines that
there is no reasonable basis for the complaint, the department or
county licensing agency shall ensure that any record of the false
complaint is removed from the Child Abuse Central Index, maintained
pursuant to Section 11170 of the Penal Code.
   (c) (1) The department or a county licensing agency shall ensure
that, if it conducts any investigative interview with a foster parent
or foster family in connection with the investigation of a
complaint, a representative of the foster care agency responsible for
the placement of the client in a foster home is present at the
interview, unless the right to have that representative present is
waived, in writing, by the foster parent or other individual
representing the foster family that is subject to the investigation.

   (2) If a representative of the foster care agency is not available
to be present at an interview conducted pursuant to paragraph (1),
the foster parent or family may designate another person to be
present and serve as a witness at the interview.
   (d) Any person who is suspected of the abuse or neglect of a child
client who is in foster care and who is the subject of an
investigation under this section may tape-record any interview or
other communication between himself or herself and staff of the
department or a county licensing agency in the course of any
investigation or family assessment carried out pursuant to this
section, in which case the interview may also be recorded by the
department, or a county licensing agency, if both of the following
requirements are met:
   (1) All the parties participating in the interview or
communication are aware that the conversation is to be recorded.
   (2) All the parties verbally consent to the recording at the
beginning of the recorded communication.
   (e) Nothing in this section shall be construed to prohibit or
otherwise interfere with the timely removal of a child in foster care
whose safety or well-being may be at risk.  
  SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.