BILL NUMBER: AB 181	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Portantino
   (Principal coauthor: Senator Steinberg)

                        JANUARY 24, 2011

   An act to amend Section 16164 of, and to add Section 16001.10 to,
the Welfare and Institutions Code, relating to foster youth.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 181, as introduced, Portantino. Foster youth: mental health
bill of rights.
   Existing law provides that, when a child is removed from his or
her family by the juvenile court, placement of the child in foster
care should secure, as nearly as possible, the custody, care, and
discipline equivalent to that which should have been given the child
by his or her parents. Existing law provides enumerated rights for
children who are placed in foster care. Existing law establishes the
Office of the State Foster Care Ombudsperson to disseminate specified
information, including the stated rights of foster youth, and to
investigate and attempt to resolve complaints made by or on behalf of
children placed in foster care, related to their care, placement, or
services.
   This bill would enumerate rights for foster youth relating to
mental health services. The bill would require the office, in
consultation with various entities, to develop, no later than July 1,
2012, standardized information explaining the rights specified and
to distribute this information to foster youth.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 16001.10 is added to the Welfare and
Institutions Code, to read:
   16001.10.  (a) It is the policy of the state that all children in
foster care shall have the following rights relating to mental health
services:
   (1) To receive needed mental health services.
   (2) To interview a therapist prior to commencing treatment.
   (3) To discontinue psychotropic medication, as deemed appropriate
by a physician, if the youth experiences potentially dangerous side
effects.
   (4) To be presented with mental health options, including, but not
limited to, holistic or natural approaches, mentoring, peer
counseling, therapy, and medication.
   (5) To continue services with their therapist or counselor when
their residential placement changes for at least one year, or as long
as it is in the best interest of the youth, as determined by a
court.
   (6) To be evaluated by a medical professional.
   (7) To have mental health services provided outside of the place
of residence.
   (8) To be provided with information on how to seek mental health
services in their county of residence.
   (9) To gain access to personal mental health records.
   (10) Consistent with other state laws, to be guaranteed the
protection of confidentiality when interacting with mental health
professionals, unless the youth is deemed at risk of harming himself
or herself or others.
   (11) To be given age-appropriate information on drug interactions
if prescribed more than one psychotropic medication.
   (12) To receive timely mental health services in the county of
residence and not to be denied services because of the county of
origin.
   (13) To refuse mental health treatment at any time unless deemed
medically necessary by the court.
   (b) The Office of the State Foster Care Ombudsperson, in
consultation with the State Department of Mental Health, the
Department of Public Health, the State Department of Health Care
Services, foster youth advocacy and support groups, and groups
representing children, families, foster parents, and children's
facilities, and other interested parties, shall develop, no later
than July 1, 2012, standardized information explaining the rights
specified in this section. The information shall be presented in an
age-appropriate manner and shall reflect any relevant licensing
requirements and medical information laws.
  SEC. 2.  Section 16164 of the Welfare and Institutions Code is
amended to read:
   16164.  (a) The Office of the State Foster Care Ombudsperson shall
do all of the following:
   (1) Disseminate information on the rights of children and youth in
foster care and the services provided by the office. The rights of
children and youths in foster care are listed in  Section
  Sections  16001.9  and 16001.10  . The
information shall include notification that conversations with the
office may not be confidential.
   (2) Investigate and attempt to resolve complaints made by or on
behalf of children placed in foster care, related to their care,
placement, or services.
   (3) Decide, in its discretion, whether to investigate a complaint,
or refer complaints to another agency for investigation.
   (4) Upon rendering a decision to investigate a complaint from a
complainant, notify the complainant of the intention to investigate.
If the office declines to investigate a complaint or continue an
investigation, the office shall notify the complainant of the reason
for the action of the office.
   (5) Update the complainant on the progress of the investigation
and notify the complainant of the final outcome.
   (6) Document the number, source, origin, location, and nature of
complaints.
   (7) (A) Compile and make available to the Legislature all data
collected over the course of the year including, but not limited to,
the number of contacts to the toll-free telephone number, the number
of complaints made, including the type and source of those
complaints, the number of investigations performed by the office, the
trends and issues that arose in the course of investigating
complaints, the number of referrals made, and the number of pending
complaints.
   (B) Present this compiled data, on an annual basis, at appropriate
child welfare conferences, forums, and other events, as determined
by the department, that may include presentations to, but are not
limited to, representatives of the Legislature, the County Welfare
Directors Association, child welfare organizations, children's
advocacy groups, consumer and service provider organizations, and
other interested parties.
   (C) It is the intent of the Legislature that representatives of
the organizations described in subparagraph (B) consider this data in
the development of any recommendations offered toward improving the
child welfare system.
   (D) The compiled data shall be posted so that it is available to
the public on the existing  Internet  Web site of the State
Foster Care Ombudsperson.
   (8) Have access to any record of a state or local agency that is
necessary to carry out his or her responsibilities  , and
  .   Representatives of the office  may
meet or communicate with any foster child in his or her placement or
elsewhere.
   (b) The office may establish, in consultation with a committee of
interested individuals, regional or local foster care ombudsperson
offices for the purposes of expediting investigations and resolving
complaints, subject to appropriations in the annual Budget Act.
   (c) (1) The office, in consultation with the California Welfare
Directors Association, Chief Probation Officers of California, foster
youth advocate and support groups, groups representing children,
families, foster parents, children's facilities, and other interested
parties, shall develop, no later than July 1, 2002, standardized
information explaining the rights specified in Section 16001.9. The
information shall be developed in an age-appropriate manner, and
shall reflect any relevant licensing requirements with respect to
foster care providers' responsibilities to adequately supervise
children in care.
   (2) The office, counties, foster care providers, and others may
use the information developed in paragraph (1) in carrying out their
responsibilities to inform foster children and youth of their rights
pursuant to Section 1530.91 of the Health and Safety Code, Sections
27 and 16501.1, and this section.