California Legislature—2013–14 Regular Session

Assembly Bill No. 1828

Introduced by Assembly Member Donnelly

February 18, 2014

An act to amend Section 16010 of the Welfare and Institutions Code, relating to foster care.

LEGISLATIVE COUNSEL’S DIGEST

AB 1828, as introduced, Donnelly. Foster children: health and education records.

Existing law requires, when a child is placed in foster care, the case plan to include a summary of the health and education information or records, including mental health information, of the child. Existing law requires a child protective agency to, as soon as possible, but not later than 30 days after initial placement of a child into foster care, provide the caregiver with the child’s current health and education summary.

This bill would make technical, nonsubstantive changes to those provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 16010 of the Welfare and Institutions
Code is amended to read:

16010.  

(a) When a child is placed in foster care, the case plan
for each child recommended pursuant to Section 358.1 shall include
a summary of the health and education information or records,
including mental health information or records, of the child. The
summary may be maintained in the form of a health and education
passport, or a comparable format designed by the child protective
agency. The health and education summary shall include, but not
be limited to, the names and addresses of the child’s health, dental,
and education providers; the child’s grade level performance; the
child’s school record; assurances that the child’s placement in
foster care takes into account proximity to the school in which the
child is enrolled at the time of placement; the number of school
transfers the child has already experienced; the child’s educational
progress, as demonstrated by factors, including, but not limited
to, academic proficiency scores; credits earned toward graduation;
a record of the child’s immunizations and allergies; the child’s
known medical problems; the child’s current medications, past
health problems, and hospitalizations; a record of the child’s
relevant mental health history; the child’s known mental health
condition and medications; and any other relevant mental health,
dental, health, and education information concerning the child
determined to be appropriate by the Director of Social Services.
The health and education summary may also include the name and
contact information for the educational liaison, as described in
subdivision (b) of Section 48853.5 of the Education Code, of the
child’s local educational agency. If any other law imposes more
stringent information requirements, then that section shall prevail.

(b) Additionally, a court report or assessment required pursuant
to subdivision (g) of Section 361.5, Section 366.1, subdivision (d)
of Section 366.21, or subdivision (c) of Section 366.22 shall
include a copy of the current health and education summary
described in subdivision (a). With respect to a nonminor dependent,
as described in subdivision (v) of Section 11400, a copy of the
current health and education summary shall be included in the
court report only if and when the nonminor dependent consents in
writing to its inclusion.

(c) As soon as possible, but not later than 30 days after initial
placement of a child into foster care, the child protective agency
shall provide the caregiver with the child’s current health and
education summary as described in subdivision (a). For each
subsequent placement of a child or nonminor dependent, the child
protective agency shall provide the caregiver with a current
summary as described in subdivision (a) within 48 hours of the
placement. With respect to a nonminor dependent, as described in
subdivision (v) of Section 11400, the social worker or probation
officer shall advise the young adult of the social worker’s or
probation officer’s obligation to provide the health and education
summary to the new caregiver and the court, and shall discuss with
the youth the benefits and liabilities of sharing that information.

(d) (1) Notwithstanding Section 827 or any other law, the child
protective agency may disclose any information described in this
section to a prospective caregiver or caregivers prior to placement
of a child if all of the following requirements are met:

(A) The child protective agency intends to place the child with
the prospective caregiver or caregivers.

(B) The prospective caregiver or caregivers are willing to
become the adoptive parent or parents of the child.

(C) The prospective caregiver or caregivers have an approved
adoption assessment or home study, a foster family home license,
certification by a licensed foster family agency, or approval
pursuant to the requirements in Sections 361.3 and 361.4.

(2) In addition to the information required to be provided under
this section, the child protective agency may disclose to the
prospective caregiver specified in paragraph (1), placement history
or underlying source documents that are provided to adoptive
parents pursuant to subdivisions (a) and (b) of Section 8706 of the
Family Code.

(e) The child’s caregiver shall be responsible for obtaining and
maintaining accurate and thorough information from physicians
and educators for the child’s begin delete summary end delete begin insert summary, end insert as described in
subdivision begin delete (a) end delete begin insert (a), end insert during the time that the child is in the care of
the caregiver. On each required visit, the child protective agency
or its designee family foster agency shall inquire of the caregiver
whether there is any new information that should be added to the
child’s summary as described in subdivision (a). The child
protective agency shall update the summary with the information
as appropriate, but not later than the next court date or within 48
hours of a change in placement. The child protective agency or its
designee family foster agency shall take all necessary steps to
assist the caregiver in obtaining relevant health and education
information for the child’s health and education summary as
described in subdivision (a). The caregiver of a nonminor
dependent, as described in subdivision (v) of Section 11400, is not
responsible for obtaining and maintaining the nonminor
dependent’s health and educational information, but may assist
the nonminor dependent with any recordkeeping that the nonminor
requests of the caregiver.

(f) At the initial hearing, the court shall direct each parent to
provide to the child protective agency complete medical, dental,
mental health, and educational information, and medical
background, of the child and of the child’s mother and the child’s
biological father if known. The Judicial Council shall create a form
for the purpose of obtaining health and education information from
the child’s parents or guardians at the initial hearing. The court
shall determine at the hearing held pursuant to Section 358 whether
the medical, dental, mental health, and educational information
has been provided to the child protective agency.