Mike A. Gipson
- District 65
Existing law provides for the out-of-home placement, including foster care placement, of children who are unable to remain in the custody and care of their parents, and imposes various requirements on the county child welfare agency in regard to arranging and overseeing the foster care placement. Existing law provides that it is the policy of the state that all minors and nonminors in foster care have specified rights, including, among others, the right to receive medical, dental, vision, and mental health services, the right to be placed in out-of-home care according to their gender identity, regardless of the gender or sex listed in their court or child welfare records, the right to review their own case plan and plan for permanent placement if the child is 12 years of age or older and in a permanent placement, and the right to attend Independent Living Program classes and activities if the child meets applicable age requirements. This bill would instead require all children and nonminor dependents in foster care to have these rights and would revise various rights, including providing the right to review their own case plan and plan for permanent placement to children 10 years of age or older regardless of whether they are in a permanent placement and the right to not be prevented from attending Independent Living Program classes by the caregiver as a punishment. The bill would include additional rights, including, among others, the right to be referred to by the child's preferred name and gender pronoun, the right to maintain the privacy of the child's sexual orientation and gender identity and expression, except as provided, and the right to have reasonable access to computer technology and the internet. To the extent that the bill would impose additional duties on counties, this bill would impose a state-mandated local program. Existing law establishes the Office of the State Foster Care Ombudsperson within the State Department of Social Services and sets forth the duties of the office, including disseminating information on the services provided by the office and rights of children and youth in foster care, developing standardized information explaining those rights, and compiling and making available to the Legislature all data collected by the office, including specified data regarding complaints made to the office and investigations conducted by the office. This bill would additionally require the office to provide training and technical assistance to foster youth, social workers, and child welfare organizations, among others, on the rights of children and youth in foster care, reasonable and prudent parent standards, and services provided by the office. The bill would require the office to review amendments to laws applicable to foster youth at the end of every two-year legislative session and determine whether updates to the foster care rights should be recommended in the compilation of data prepared by the office and made available to the Legislature. Existing law, the California Community Care Facilities Act, provides for the licensing and regulation of community care facilities, including foster family homes and group homes, by the State Department of Social Services. Existing law requires certain community care facilities that provide care to foster children to either provide each schooolage child and the child's authorized representative with an orientation that includes an explanation of the rights of the child or post a listing of the above-described rights. This bill would require the department to ensure that those facilities accord children and nonminor dependents in foster care with their personal rights, including the above-described rights. The bill would require the department to adopt regulations to implement these provisions, and would authorize the department to implement these provisions by written directives until regulations are adopted. 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 no reimbursement is required by this act for a specified reason.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 416, Statutes of 2019.
Enrolled and presented to the Governor at 3:30 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 61. Noes 10. Page 3119.).
In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 7 pursuant to Assembly Rule 77.
Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 8. Page 2518.).
Read second time. Ordered to third reading.
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 30).
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 5. Noes 1.) (June 24).
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HUMAN S.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 59. Noes 8. Page 1787.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 14. Noes 3.) (May 16).
From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 3.) (March 12). Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 1.) (February 26). Re-referred to Com. on JUD.
From committee chair, with author's amendments: Amend, and re-refer to Com. on HUM. S. Read second time and amended.
From printer. May be heard in committee February 8.
Read first time. To print.
|Bill Text Versions||Format|
|01/08/19 - Introduced|
|02/04/19 - Amended Assembly|
|06/03/19 - Amended Senate|
|06/26/19 - Amended Senate|
|06/28/19 - Amended Senate|
|08/30/19 - Amended Senate|
|09/10/19 - Enrolled|
|10/02/19 - Chaptered|
|No related documents.|
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