BILL NUMBER: AB 2194 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 6, 2006
INTRODUCED BY Assembly Member Bass
FEBRUARY 22, 2006
An act relating to foster care. An act to
add Section 10609.45 to the Welfare and Institutions Code, relating
to human services.
LEGISLATIVE COUNSEL'S DIGEST
AB 2194, as amended, Bass Resource Family Care Act.
Independent Living Program.
Existing law requires the State Department of Social Services to
develop statewide standards for the Independent Living Program for
emancipated foster youth established and funded pursuant to federal
law, to assist these individuals in making the transition to
self-sufficiency. Under existing law, a child in receipt of Kin-GAP
benefits is also entitled to request and receive these independent
living services.
This bill would require services under the Independent Living
Program to be provided to an otherwise eligible child who is adopted
at 14 years of age or older.
Existing law governs the placement of children in foster care with
foster and relative caregivers.
This bill would express the intent of the Legislature to enact
legislation that would be known as the Resource Family Care Act and
would set forth a foster and relative caregivers bill of rights, as
specified.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 10609.45 is added to the
Welfare and Institutions Code , to read:
10609.45. Notwithstanding any other provision of law, services
under the Independent Living Program, established pursuant to the
federal Consolidated Omnibus Budget Reconciliation Act of 1985
(Public Law 99-272) shall be provided to an otherwise eligible child
who is adopted at 14 years of age or older.
SECTION 1. (a) The Legislature finds and
declares that caregivers providing foster care are responsible for
educating and advocating on behalf of foster children to ensure they
receive adequate medical and mental health services, due to their
loss of family, and for providing temporary or permanent homes if the
children cannot be returned home safely to a loving and nurturing
environment. It is, therefore, in the best interests of the State of
California that foster caregivers providing care to children in their
homes are well prepared and highly valued for their contributions.
(b) It is the intent of the Legislature to enact legislation that
would be known as the Resource Family Care Act. Under the act,
foster and relative caregivers would have all of the following
rights:
(1) The right to have an ombudsman appointed by the Legislature or
the Governor who has the authority to direct the Department of
Social Services to take corrective action when that agency has not
followed state laws or agency policies or regulations.
(2) The right to have the caregiver leadership involved from the
beginning of any new program, including education that affects the
caregiver, and in all phases of planning and their approval of any
plan should be required prior to the adoption of that plan.
(3) The right to be reimbursed by the state or the county for any
property damage caused by the foster children placed in their care if
the caregiver is held financially responsible for that damage.
(4) The right to receive compensation for any medical treatment
provided to the caregiver to treat injuries sustained by the
caregiver as a result of the "willful misconduct" of foster children
placed in their homes.
(5) The right to receive up-to-date information on changes in the
laws, rules, regulations, and policies relating to foster care.
(6) The right to receive up-to-date information on changes in
agency structure, programs and policy relating to foster care.
(7) The right to receive adequate and appropriate foster care
training using available funding for all caregivers.
(8) The right to receive an identification card identifying the
individual as a foster parent.
(9) The right to have all of the rights described in paragraphs
(1) to (9), inclusive, enforced by the imposition of fines or
penalties.
(c) Foster and relative caregivers shall have all of the following
rights with respect to foster care placements:
(1) The right to obtain prior placement information and the right
to say "NO" without threat of reprisal. This would include the right
to obtain the names and telephone numbers of previous caregivers,
allowing these previous caregivers to share information about the
child with the new caregiver, and the right to conduct an "in-home"
interview with the child.
(2) The right to have the maximum placement rate firmly
established and to have that rate remain in effect when the child is
moved to a different home. This would also include the right to
receive retroactive payments for the failure of any state or county
agency to provide appropriate or adequate funding for the care of
children they place in the homes of foster and relative caregivers.
(3) The right to develop a mutually convenient and safe visitation
plan with the child's birth family.
(4) The right to participate fully in all court proceedings, in
accordance with federal law.
(5) The right to receive a copy of the court's plan for the child,
which includes a copy of the social worker's report, at least five
days prior to the court hearing.
(6) The right to be free of coercion, discrimination, and reprisal
in serving foster children, including the right to voice grievances
about the treatment furnished or not furnished to the foster child.
(7) The right to communicate directly with and receive reports
from professionals working with the child, including therapists,
teachers, physicians, and other health care personnel.
(8) The right to receive supportive services in a timely manner,
including, but not limited to, mental health intervention and
services, medical and dental.
(9) The right to be involved in all aspects of the case and
receive all pertinent information.
(10) The right for foster and relative caregiver homes to be
treated as "private residences" pursuant to Section 1530.5 of the
Welfare and Institutions Code. This includes the right to receive
prior notice of any home visit by all duly authorized state or local
agency representative, except in the case of inspection, allegation
or complaint.
(11) The right to use the "prudent parent standard" without prior
authorization from a community care licensing or local agency.
(12) The right to receive retroactive payments for failure of the
state or local agency to provide the appropriate level of funding for
children at the time of placement.
(d) Foster and relative caregivers shall have all of the following
administrative rights:
(1) The right to have all county and state officials follow state
and federal guidelines when investigating an allegation. These
include, but are not limited to, the following:
(A) The right to be provided a fair, timely, and impartial
investigation of all allegations or licensure issues, which include,
but are not limited to the following:
(i) A written copy of the allegations.
(ii) A person of foster parent's choosing present during the
investigation or hearing.
(B) The right to due process during the investigation.
(C) The right to request and receive mediation or review of
decisions.
(D) The right to have a decision in writing concerning allegations
and findings consistent with local law.
(E) The right to freedom from retaliation when exercising the
right to appeal.
(F) The right to have records and documentation of false
allegations removed immediately from the National Registry and state
records.
(2) The right to have all allegations that have been investigated
and found to be "unfounded allegations" destroyed immediately, except
as otherwise provided by law.
(3) The right to have all allegations that have been investigated
and found to be "unsubstantiated allegations" destroyed after one
year, except as otherwise provided by law.
(4) The right to receive paid liability insurance protection and
legal representation from the state or county against any civil law
suits filed against foster parents arising out of all duties
performed as a foster parent for the "willful misconduct" of foster
children.