BILL ANALYSIS
AB 1955
Page 1
Date of Hearing: May 3, 2006
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Judy Chu, Chair
AB 1955 (Leslie) - As Amended: April 6, 2006
Policy Committee: Human
ServicesVote:5 - 1
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill outlines specific procedures that must be followed in
the process of investigating a complaint by a foster child
against a foster family. Specifically, this bill:
1)Allows a foster child to submit a written statement or make an
oral statement about their complaint as part of the official
record of the investigation. This statement remains part of
the child's and the foster family's documented record.
2)Allows foster families to request the removal of the child
from their home if the department determines that the
complaint is inconclusive or unfounded.
3)Requires that prior to conducting any interviews with the
child or foster family a representative of the foster family
agency responsible for the child be notified and be allowed to
be present but silent and non-participatory during the
interview.
4)Allows for the taping of the foster parent interview if all
parties are aware and consent.
5)Specifies that nothing in this bill may interfere or inhibit
the timely removal of a child or other foster child whose
safety or well-being may be at risk.
FISCAL EFFECT
Minor costs associated with placing a copy of the foster child's
written statement in both the child's and the foster family's
AB 1955
Page 2
file.
COMMENTS
1)Rationale . According to the author's office, there is some
concern that foster parents are being penalized and having
foster placements delayed due to false accusations on the part
of foster children under their care. By maintaining a written
record of accusations by foster children, allowing the
recording of interviews, and allowing a representative of the
foster family agency responsible for the child to be present,
enough documentation of any unfounded or false accusations
should be available to protect foster parents from being
unjustifiably penalized.
2)Concerns. Given the number of requirements currently placed
on social workers and county departments, this legislation
appears to create an additional administrative burden without
improving the process or protecting the children in foster
care. Accusations of maltreatment by foster youth are
currently investigated by county social workers. Generally,
if a foster youth has a history of making false accusations
and being moved from placement to placement, that information
should already be in the youth's file. Therefore, adding these
extra precautions to "protect foster parents" from false
accusations is probably not necessary.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081