BILL NUMBER: AB 1955	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 6, 2006
	AMENDED IN ASSEMBLY  MARCH 27, 2006

INTRODUCED BY   Assembly Member Leslie

                        FEBRUARY 2, 2006

   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  Community care facilities: foster
homes: investigations.
   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 
 authorize a foster child who is the subject of an investigation
relating to a complaint against a   foster parent or foster
family to submit a written statement about the complaint, which is
required to be included as part of the child's and the foster parent'
s or foster family's documented record, or, if the foster child is
unable to make a written statement, the bill would authorize the
investigator to take an oral statement  . 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   child  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   a foster family agency  comply with
specified requirements with regard to the investigation of those
complaints.
   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.

    1534.2.    (a) Any foster child who is the subject
of an investigation relating to a complaint against a foster parent
or foster family may submit a written statement about the complaint
or investigation, which shall be included as part of the child's and
the foster parent's or foster family's documented record. If the
foster child is unable to make a written statement an oral statement
may be taken by the investigator.  
   (c) 
    (b)  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   child  be
removed from the home, subject to applicable laws and regulations
regarding notification and procedures for changing the placement of a
foster  youth   child  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.  In accordance with paragraph (17)
of subdivision (a) of Section 16001.9 of the   Welfare and
Institutions Code, a foster child may attend any court hearing
pertaining to the child's placement in a foster care home and may, in
the conduct of the hearing, make a brief statement to the court,
consistent with the requirements of Section 399 of the Welfare and
Institutions Code, regarding any placement decisions affecting the
child's continued placement in a foster care home.  
   (d) 
    (c)  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   foster family agency  , 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   foster family
 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   foster child  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.