BILL NUMBER: AB 2195 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 17, 2006
INTRODUCED BY Assembly Member Bass
FEBRUARY 22, 2006
An act to add Sections 361.45 and 16500.2
10609.9 to the Welfare and Institutions Code, relating to
foster care dependent children
, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 2195, as amended, Bass Foster caregivers: placement options.
(1) Existing law provides for the placement of dependent children
by the juvenile court according to specified procedures. Existing law
separately establishes the Aid to Families with Dependent
Children-Foster Care (AFDC-FC) program, under which counties provide
payments to foster care providers on behalf of qualified children in
foster care. The program is funded by a combination of federal,
state, and county funds, with moneys from the General Fund being
continuously appropriated to pay for the state's share of AFDC-FC
costs.
Under existing law, a child who has been taken into temporary
custody is detained and an able and willing relative or nonrelative
extended family member is available and requests a temporary
placement of the child pending the detention hearing, the county
welfare department is required to assess the relative's or
nonrelative extended family member's suitability, and may place the
child in the relative's or nonrelative extended family member's home
upon completion of the assessment. Existing law further requires the
county welfare department to evaluate and approve or deny the home
for AFDC-FC eligibility.
This bill would establish similar procedures for assessment and
approval of a relative's or nonrelative extended family member's home
when the sudden unavailability of a foster caregiver requires a
temporary change in placement on an emergency basis for a child who
is under the jurisdiction of the juvenile court, including provision
for making these placements eligible for payments under the AFDC-FC
program.
(2) Existing law requires the State Department of Social Services
to establish and support a public system of statewide child welfare
services. Existing law declares a preference for placing a child who
is removed from the physical custody of his or her parents with a
relative who requests that placement.
This bill would require the department to create an
informational pamphlet that informs current and potential relative
caregivers of the services and programs available to them, including
an explanation of the differences and advantages and disadvantages of
enrolling in different programs or types of care. The bill would
require the information in the pamphlet to be available on the
department's Internet Web site convene a workgroup,
with specified membership, and to develop a brochure, in consultation
with the workgroup, relating to caregiver roles and
responsibilities, and the responsibilities of caregivers and other
designated entities with respect to caregiver participation under the
child welfare system. The bill would provide for the brochure to be
distributed to specified persons and entities .
(3) By giving county welfare agencies new duties with respect to
the placement of dependent children, this bill would impose a
state-mandated local program. In addition, by expanding AFDC-FC
eligibility, the bill would result in an appropriation.
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: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 361.45 is added to the Welfare and Institutions
Code, to read:
361.45. (a) Notwithstanding any other provision of law, when the
sudden unavailability of a foster caregiver requires a change in
placement on an emergency basis for a child who is under the
jurisdiction of the juvenile court pursuant to Section 300, if an
able and willing relative, as defined in Section 319, or an able and
willing nonrelative extended family member, as defined in Section
362.7, is available and requests temporary placement of the child
pending resolution of the emergency situation, the county welfare
department shall initiate an assessment of the relative's or
nonrelative extended family member's suitability, which shall include
an in-home inspection to assess the safety of the home and the
ability of the relative or nonrelative extended family member to care
for the child's needs, and a consideration of the results of a
criminal records check conducted pursuant to Section 16504.5 and a
check of allegations of prior child abuse or neglect concerning the
relative or nonrelative extended family member and other adults in
the home. Upon completion of this assessment, the child may be placed
in the assessed home. For purposes of this paragraph, and except for
the criminal records check conducted pursuant to Section 16504.5,
the standards used to determine suitability shall be the same
standards set forth in the regulations for the licensing of foster
family homes.
(b) Immediately following the placement of a child in the home of
a relative or a nonrelative extended family member, the county
welfare department shall evaluate and approve or deny the home for
purposes of AFDC-FC eligibility pursuant to Section 11402. The
standards used to evaluate and grant or deny approval of the home of
the relative and of the home of a nonrelative extended family member,
as described in Section 362.7, shall be the same standards set forth
in regulations for the licensing of foster family homes which
prescribe standards of safety and sanitation for the physical plant
and standards for basic personal care, supervision, and services
provided by the caregiver.
(c) If a relative or nonrelative extended family member, and other
adults in the home, as indicated, meets all other conditions for
approval, except for the receipt of the Federal Bureau of
Investigation's criminal history information for the relative or
nonrelative extended family member, the county welfare department may
approve the home and document that approval, if the relative or
nonrelative extended family member, and each adult in the home, has
signed and submitted a statement that he or she has never been
convicted of a crime in the United States, other than a traffic
infraction as defined in paragraph (1) of subdivision (a) of Section
42001 of the Vehicle Code. If, after the approval has been granted,
the department determines that the relative or nonrelative extended
family member or other adult in the home has a criminal record, the
approval may be terminated.
SEC. 2. Section 16500.2 is added to the Welfare
and Institutions Code, to read:
16500.2. The department shall create and make available to the
public an informational pamphlet to inform current and potential
relative caregivers of the services and programs available to them.
The pamphlet shall include an explanation of the differences and
advantages and disadvantages of enrolling in the different programs
or types of care available to relative caregivers. The information
provided in the pamphlet shall also be available on the department's
Internet Web site.
SEC. 2. Section 10609.9 is added to the
Welfare and Institutions Code , to read:
10609.9. (a) Not later than July 1, 2007, the State Department of
Social Services shall convene a workgroup that includes, at a
minimum, individuals representing each of the following stakeholder
groups:
(1) Licensed foster parents.
(2) Relative caregivers.
(3) Kinship, foster, and adoptive parents groups.
(4) Foster youth and foster youth advocacy organizations.
(5) County child welfare agencies.
(6) Juvenile dependency courts.
(7) The Judicial council of California.
(b) In consultation with the workgroup, the department shall
develop a brochure that summarizes caregiver roles and
responsibilities and the responsibilities of child welfare agencies,
courts, and other system participants with respect to caregiver
participation in the child welfare system.
(c) (1) The brochure developed pursuant to this section shall be
written in plain language. The department shall distribute the
brochure to courts and county child welfare agencies for use with
caregivers, social workers, Court-Appointed Special Advocates
(CASAs), service providers, attorneys, and judges.
(2) The brochure shall also be distributed at all caregiver
orientation and training activities, shall be posted on the
department's Internet Web site, and shall be made available to the
public upon request.
SEC. 3. 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.