BILL ANALYSIS
AB 1955
Page 1
Date of Hearing: April 4, 2006
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Noreen Evans, Chair
AB 1955 (Leslie) - As Amended: March 27, 2006
SUBJECT : Community care facilities: foster homes:
investigations.
SUMMARY : Outlines specific procedures that must be followed in
the process of investigating a complaint against a foster parent
or foster family. Specifically, this bill :
1)Requires the Department of Social Services or a county agency
in the process of investigating a complaint against a foster
parent or foster family to consider a youth's documented
history including a history of making false accusations.
2)Specifies that this history will not invalidate the allegation
made by the youth but should be considered as a factor in
making a determination.
3)Provides that if the complaint is inconclusive or unfounded
the foster family may request that the foster child be removed
from their home.
4)Allows a foster youth involved in an investigation to submit a
written statement that may be made part of the youth's
documented record.
5)Requires that prior to conducting any investigative interview
with a foster parent or foster family a representative of the
foster family agency responsible for the placement of the
youth is present but silent and non-participatory at the
interview.
6)Provides that if the representative for the foster family
agency is more than 30 minutes late to the interview the
investigator may begin without that representative.
7)Allows for the electronic taping of the interview if all
parties are aware of and consent to the interview.
8)Specifies that nothing in this bill prohibits or interfere
with the timely removal of a child or other foster child whose
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safety or well-being may be at risk.
EXISTING LAW :
1)Requires statewide coordinated training programs to meet the
needs of county child protective services social workers.
2)Specifies that the training program shall provide
practice-relevant training in crisis intervention,
investigative techniques, rules of evidence, indicators or
abuse and neglect, and intervention strategies.
3)Requires that social workers review the case plan of foster
youth and consult with the youth before making a placement
decision.
FISCAL EFFECT : Unknown.
COMMENTS : According to the author, "?thousands of foster
clients remain in the state system without a permanent living
solution. One of the reasons why is there is a shortage of
foster parents entering the system. This bill hopes to provide
common sense changes to existing law to help encourage more
foster parents to participate and stay in the system."
While the sponsor cites individual instances where foster
parents complained about maltreatment or false accusations
during a complaint investigation, the sponsor doesn't present a
nexus between those accusations and the great shortage of foster
parents entering the system. Rather it seems that foster
parents may not enter the system due to inadequate rates for
foster family homes, arcane rules, a lack of support, respite
and other factors needed to prepare foster families to take in a
dependant child.
In addition, tape recording a conversation or interview
regarding allegations that may prove to be false may endanger
the future of the youth or of the foster parent. Those tapes
could be used against either party in the future.
Proposed amendments
The author has agreed to accept the following amendments:
1)Delete Health and Safety Code section 1534.2 (a) regarding the
documented history of false accusations made by a foster
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youth.
2)Replace the phrase "foster care client" with the term "foster
child" throughout the bill.
3)To be consistent with the intent of the bill, on page 3, line
34 and 35, replace the words "a local county licensing agency
that is responsible for placing the foster care client with
the foster parent or foster family" with "the foster family
agency."
4)On page 3, line 29 add: "As further provided in Section
16001.9 (a) (17) of the Welfare and Institutions Code, the
foster child has a right to attend court hearings and talk to
the judge and consistent with Welfare and Institutions Code
399, a foster youth may make a brief statement to the court
regarding placement decisions including continued placement in
a foster care home."
REGISTERED SUPPORT / OPPOSITION :
Support
ABC Foster Family Agency, Inc.
BETA Foster Care
California Alliance of Child and Family Services
Children's Hope
FamiliesFirst
Future Families, Inc.
Genesis Family Center
Koinonia Foster Homes (Northern and Southern CA)
Nepenthean Homes Foster Family Agency
Serenity Infant Care Homes, Inc.
Southern California Foster Family and Adoption Agency
St Francis Home for Children
Tjo Fowroe - Haven Homes, Inc.
Opposition
Los Angeles Affiliate of the National Association of Counsel for
Children (LA-NACC)
Analysis Prepared by : Caitlin O'Halloran / HUM. S. / (916)
319-2089
AB 1955
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