Bill Text: CA AB1878 | 2013-2014 | Regular Session | Amended
Bill Title: Foster care: data.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-05-23 - Joint Rule 62(a), file notice suspended. (Page 5065.) In committee: Set, second hearing. Held under submission. [AB1878 Detail]
Download: California-2013-AB1878-Amended.html
BILL NUMBER: AB 1878 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Stone
FEBRUARY 19, 2014
An act to amend Sections 48853.5, 49076, 49085, and 51101 of
the Education Code, to amend Section 1529.2 of the Health and Safety
Code, and to amend Sections 102, 361, 10601.2, 16010.6, 16206,
16501.1, and 16501.5 of, and to add Sections 16010.7 and 16501.4 to,
the Welfare and Institutions Code, relating to foster care.
LEGISLATIVE COUNSEL'S DIGEST
AB 1878, as amended, Stone. Foster care: data.
(1) Existing law requires each local educational agency to
designate a staff person as the educational liaison for foster
children. Existing law generally requires a local educational agency
to allow a foster child to continue his or her education in the
school of origin for the duration of the jurisdiction of the court at
the initial detention or placement, or any subsequent change in
placement. Existing law establishes provisions governing when and how
a foster child may moved from his or her school of origin and
enrolled in a new school.
This bill would require, when a foster child is moved to a new
school, the liaison for the new school to notify appropriate
administrative staff and teachers within 5 school days that a student
is in foster care for the purpose of providing additional
educational and supportive services to improve the educational
outcomes of the child, as specified.
The bill would also require a county office of education foster
youth services liaison to work collaboratively with his or her
respective county welfare agencies and the juvenile courts to recruit
and retain adults who are willing and able to volunteer to serve as
educational rights holders for children in foster care. The bill
would require, no later than July 1, 2015, and each year thereafter,
the liaison to provide to the presiding judge of the juvenile court a
list of individuals who have expressed an interest in becoming an
educational rights holder for a child in foster care. The bill would
also require, no later than July 1, 2015, and each year thereafter,
the liaison to develop and make available to the county welfare
agency a list containing the names and contact information for all
foster youth educational liaisons serving in local educational
agencies in that county. By imposing a higher level of service on
county employees, the bill would impose a state-mandated local
program.
(2) Existing law prohibits a school district from permitting
access to pupil records without written parental consent or under
judicial order, except under specified circumstances, including to an
agency caseworker or other representative of a state or local child
welfare agency or tribal organization, as specified.
This bill would additionally prohibit the State Department of
Education from permitting access to those records without written
parental consent or under judicial order, except as specified. The
bill would also revise the circumstances under which an agency
caseworker or other representative of a state or local child welfare
agency or tribal organization may obtain access to pupil records by
requiring that access be permitted upon request of that entity. The
bill would also set forth a related qualification regarding that
access.
The bill would also require, no later than September 1, 2015, the
State Department of Education and the State Department of Social
Services, in consultation with specified entities, to develop a model
governance policy for local educational agencies, as defined, on the
use of educational information and data of students in foster care.
The bill would require, no later than January 1, 2016, each local
educational agency, at a regularly scheduled public hearing, to adopt
a policy governing the use of educational information and data of
students in foster care. By imposing a higher level of service on
local entities, the bill would impose a state-mandated local program.
(3) Existing law governs the rights of parents and guardians of
pupils enrolled in public schools, including the right to be informed
on a timely basis if their child is absent from school without
permission and to receive the results of their child's performance on
standardized tests and statewide tests.
This bill would make those provisions applicable to educational
rights holders.
(4) Existing law requires every licensed foster parent to complete
a minimum of 12 hours of foster parent training before the placement
of any foster children with the foster parent. Existing law requires
that training to cover specified subject matter, including an
overview of the child protective system and accessing education and
health services.
This bill would increase that minimum training requirement to 30
hours. The bill would also require the training to include trauma
informed care and confidentiality and privacy rights and protections,
and would revise and recast other subjects relating to accessing
health and educational support services.
(5) Existing law establishes the Court-Appointed Special Advocate
program to provide volunteers to serve as court appointed child
advocates for dependent children in juvenile court proceedings.
Existing law also requires the State Department of Social Services to
administer a single statewide Child Welfare Services Case Management
System to minimize the administrative and systems barriers that
inhibit the effective provision of services to children and families.
Existing law also establishes the Child Welfare Council to serve as
an advisory body responsible for improving the collaboration and
processes of agencies and courts that serve children and youth in the
child welfare and foster care systems.
This bill would authorize the juvenile court to appoint a
court-appointed special advocate as the educational rights holder for
a dependent child under specified circumstances and make a related
change. The bill would impose additional reporting and administrative
duties on the department relating to working collaboratively and
sharing information regarding foster youth. The bill would also
require county welfare agencies to annually provide the names and
contact information for foster youth caseworkers to county offices of
education foster youth liaisons and foster youth educational
services coordinators on or before July 1 of each year. The bill
would require the Child Welfare Council to develop a model data and
information memorandum of understanding in consultation with
specified state and local public entities and private organizations
to facilitate the sharing of foster care information and data, and to
develop a related resource guide, as specified. The bill would also
require, no later than January 1, 2016, child welfare and probation
agencies, juvenile courts, and local educational agencies in each
county to enter into memoranda of understanding for purposes of
enabling the sharing of foster care information and data, as
specified. The bill would impose additional duties on state and local
entities relating to foster care. By imposing a higher level of
service on county employees, the bill would impose a state-mandated
local program.
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.
Existing law provides for the placement of certain youth in foster
care and declares the policy of the Legislature that foster care
should be a temporary method of care for the children of this state
and that children have a right to a normal home life free from abuse.
Existing law requires, in order to carry out that policy, each
county welfare department or probation department to report to the
State Department of Social Services, as specified, foster care
characteristic data and care information deemed essential by the
department to establish a foster care information system.
This bill would state the intent of the Legislature to enact
legislation to improve and enhance the ability to share foster care
information and data to improve outcomes for youth in foster care.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 48853.5 of the
Education Code is amended to read:
48853.5. (a) This section applies to a foster child. "Foster
child" means a child who has been removed from his or her home
pursuant to Section 309 of the Welfare and Institutions Code, is the
subject of a petition filed under Section 300 or 602 of the Welfare
and Institutions Code, or has been removed from his or her home and
is the subject of a petition filed under Section 300 or 602 of the
Welfare and Institutions Code.
(b) Each local educational agency shall designate a staff person
as the educational liaison for foster children. In a school district
that operates a foster children services program pursuant to Chapter
11.3 (commencing with Section 42920) of Part 24 of Division 3, the
educational liaison shall be affiliated with the local foster
children services program. The educational liaison shall do all of
the following:
(1) Ensure and facilitate the proper educational placement,
enrollment in school, and checkout from school of foster children.
(2) Assist foster children when transferring from one school to
another school or from one school district to another school district
in ensuring proper transfer of credits, records, and grades.
(c) If so designated by the superintendent of the local
educational agency, the educational liaison shall notify a foster
child's attorney and the appropriate representative of the county
child welfare agency of pending expulsion proceedings if the decision
to recommend expulsion is a discretionary act, pending proceedings
to extend a suspension until an expulsion decision is rendered if the
decision to recommend expulsion is a discretionary act, and, if the
foster child is an individual with exceptional needs, pending
manifestation determinations pursuant to Section 1415(k) of Title 20
of the United States Code if the local educational agency has
proposed a change in placement due to an act for which the decision
to recommend expulsion is at the discretion of the principal or the
district superintendent of schools.
(d) This section does not grant authority to the educational
liaison that supersedes the authority granted under state and federal
law to a parent or legal guardian retaining educational rights, a
responsible adult appointed by the court to represent the child
pursuant to Section 361 or 726 of the Welfare and Institutions Code,
a surrogate parent, or a foster parent exercising the authority
granted under Section 56055. The role of the educational liaison is
advisory with respect to placement decisions and determination of the
school of origin.
(e) (1) At the initial detention or placement, or any subsequent
change in placement of a foster child, the local educational agency
serving the foster child shall allow the foster child to continue his
or her education in the school of origin for the duration of the
jurisdiction of the court.
(2) If the jurisdiction of the court is terminated before the end
of an academic year, the local educational agency shall allow a
former foster child who is in kindergarten or any of grades 1 to 8,
inclusive, to continue his or her education in the school of origin
through the duration of the academic school year.
(3) (A) If the jurisdiction of the court is terminated while a
foster child is in high school, the local educational agency shall
allow the former foster child to continue his or her education in the
school of origin through graduation.
(B) For purposes of this paragraph, a school district is not
required to provide transportation to a former foster child who has
an individualized education program that does not require
transportation as a related service and who changes residence but
remains in his or her school of origin pursuant to this paragraph,
unless the individualized education program team determines that
transportation is a necessary related service.
(4) To ensure that the foster child has the benefit of
matriculating with his or her peers in accordance with the
established feeder patterns of school districts, if the foster child
is transitioning between school grade levels, the local educational
agency shall allow the foster child to continue in the school
district of origin in the same attendance area, or, if the foster
child is transitioning to a middle school or high school, and the
school designated for matriculation is in another school district, to
the school designated for matriculation in that school district.
(5) Paragraphs (2), (3), and (4) do not require a school district
to provide transportation services to allow a foster child to attend
a school or school district, unless otherwise required under federal
law. This paragraph does not prohibit a school district from, at its
discretion, providing transportation services to allow a foster child
to attend a school or school district.
(6) The educational liaison, in consultation with, and with the
agreement of, the foster child and the person holding the right to
make educational decisions for the foster child, may recommend, in
accordance with the foster child's best interests, that the foster
child's right to attend the school of origin be waived and the foster
child be enrolled in a public school that pupils living in the
attendance area in which the foster child resides are eligible to
attend.
(7) Before making a recommendation to move a foster child from his
or her school of origin, the educational liaison shall provide the
foster child and the person holding the right to make educational
decisions for the foster child with a written explanation stating the
basis for the recommendation and how the recommendation serves the
foster child's best interest.
(8) (A) If the educational liaison, in consultation with the
foster child and the person holding the right to make educational
decisions for the foster child, agrees that the best interests of the
foster child would best be served by his or her transfer to a school
other than the school of origin, the foster child shall immediately
be enrolled in the new school.
(B) The new school shall immediately enroll the foster child even
if the foster child has outstanding fees, fines, textbooks, or other
items or moneys due to the school last attended or is unable to
produce clothing or records normally required for enrollment, such as
previous academic records, medical records, including, but not
limited to, records or other proof of immunization history pursuant
to Chapter 1 (commencing with Section 120325) of Part 2 of Division
105 of the Health and Safety Code, proof of residency, other
documentation, or school uniforms.
(C) Within two business days of the foster child's request for
enrollment, the educational liaison for the new school shall contact
the school last attended by the foster child to obtain all academic
and other records. The last school attended by the foster child shall
provide all required records to the new school regardless of any
outstanding fees, fines, textbooks, or other items or moneys owed to
the school last attended. The educational liaison for the school last
attended shall provide all records to the new school within two
business days of receiving the request.
(D) The liaison for the new school shall notify, within five
school days, appropriate administrative staff, including the foster
youth educational services coordinator, and teachers that a student
is in foster care for the purpose of providing additional educational
and supportive services to improve the educational outcomes of the
child. Disclosure of the foster care status of the child shall be
limited to only those staff and teachers who are directly involved in
providing instruction and educational support to the child.
(9) If a dispute arises regarding the request of a foster child to
remain in the school of origin, the foster child has the right to
remain in the school of origin pending resolution of the dispute. The
dispute shall be resolved in accordance with the existing dispute
resolution process available to a pupil served by the local
educational agency.
(10) The local educational agency and the county placing agency
are encouraged to collaborate to ensure maximum use of available
federal moneys, explore public-private partnerships, and access any
other funding sources to promote the well-being of foster children
through educational stability.
(11) ( A) It is the intent of the
Legislature that this subdivision shall not supersede or exceed
other laws governing special education services for eligible foster
children.
(B) It is the intent of the Legislature that county welfare
agencies and local educational agencies work closely together in a
collaborative manner to help provide for and improve the educational
outcomes of children in foster care. For this purpose a county office
of education foster youth services liaison shall do the following:
(i) Work collaboratively with his or her respective county welfare
agencies and juvenile courts to recruit and retain adults who are
willing and able to volunteer to serve as educational rights holders
for children in foster care. No later than July 1, 2015, and each
year thereafter, the liaison shall provide a list of individuals who
have expressed an interest in becoming an educational rights holder
for a child in foster care to the presiding judge of the juvenile
court.
(ii) No later than July 1, 2015, and each year thereafter, the
liaison shall develop and make available to his or her respective
county welfare agency a list containing the names and contact
information for all foster youth education liaisons serving in local
educational agencies in that county.
(f) For purposes of this section, "school of origin" means the
school that the foster child attended when permanently housed or the
school in which the foster child was last enrolled. If the school the
foster child attended when permanently housed is different from the
school in which the foster child was last enrolled, or if there is
some other school that the foster child attended with which the
foster child is connected and that the foster child attended within
the immediately preceding 15 months, the educational liaison, in
consultation with, and with the agreement of, the foster child and
the person holding the right to make educational decisions for the
foster child, shall determine, in the best interests of the foster
child, the school that shall be deemed the school of origin.
(g) This section does not supersede other law governing the
educational placements in juvenile court schools, as described in
Section 48645.1, by the juvenile court under Section 602 of the
Welfare and Institutions Code.
SEC. 2. Section 49076 of the
Education Code is amended to read:
49076. (a) A The department or a
school district shall not permit access to pupil records to a person
without written parental consent or under judicial order except as
set forth in this section and as permitted by Part 99 (commencing
with Section 99.1) of Title 34 of the Code of Federal Regulations.
(1) Access to those particular records relevant to the legitimate
educational interests of the requester shall be permitted to the
following:
(A) School officials and employees of the school district, members
of a school attendance review board appointed pursuant to Section
48321 who are authorized representatives of the school district, and
any volunteer aide, 18 years of age or older, who has been
investigated, selected, and trained by a school attendance review
board for the purpose of providing followup services to pupils
referred to the school attendance review board, provided that the
person has a legitimate educational interest to inspect a record.
(B) Officials and employees of other public schools or school
systems, including local, county, or state correctional facilities
where educational programs leading to high school graduation are
provided or where the pupil intends to or is directed to enroll,
subject to the rights of parents as provided in Section 49068.
(C) Authorized representatives of the Comptroller General of the
United States, the Secretary of Education, and state and local
educational authorities, or the United States Department of Education'
s Office for Civil Rights, if the information is necessary to audit
or evaluate a state or federally supported educational program, or in
connection with the enforcement of, or compliance with, the federal
legal requirements that relate to such a program. Records released
pursuant to this subparagraph shall comply with the requirements of
Section 99.35 of Title 34 of the Code of Federal Regulations.
(D) Other state and local officials to the extent that information
is specifically required to be reported pursuant to state law
adopted before November 19, 1974.
(E) Parents of a pupil 18 years of age or older who is a dependent
as defined in Section 152 of Title 26 of the United States Code.
(F) A pupil 16 years of age or older or having completed the 10th
grade.
(G) A district attorney who is participating in or conducting a
truancy mediation program pursuant to Section 48263.5, or Section
601.3 of the Welfare and Institutions Code, or participating in the
presentation of evidence in a truancy petition pursuant to Section
681 of the Welfare and Institutions Code.
(H) A district attorney's office for consideration against a
parent or guardian for failure to comply with the Compulsory
Education Law (Chapter 2 (commencing with Section 48200)) or with
Compulsory Continuation Education (Chapter 3 (commencing with Section
48400)).
(I) (i) A probation officer, district attorney, or counsel of
record for a minor for purposes of conducting a criminal
investigation or an investigation in regards to declaring a person a
ward of the court or involving a violation of a condition of
probation.
(ii) For purposes of this subparagraph, a probation officer,
district attorney, and counsel of record for a minor shall be deemed
to be local officials for purposes of Section 99.31(a)(5)(i) of Title
34 of the Code of Federal Regulations.
(iii) Pupil records obtained pursuant to this subparagraph shall
be subject to the evidentiary rules described in Section 701 of the
Welfare and Institutions Code.
(J) A judge or probation officer for the purpose of conducting a
truancy mediation program for a pupil, or for purposes of presenting
evidence in a truancy petition pursuant to Section 681 of the Welfare
and Institutions Code. The judge or probation officer shall certify
in writing to the school district that the information will be used
only for truancy purposes. A school district releasing pupil
information to a judge or probation officer pursuant to this
subparagraph shall inform, or provide written notification to, the
parent or guardian of the pupil within 24 hours of the release of the
information.
(K) A county placing agency when acting as an authorized
representative of a state or local educational agency pursuant to
subparagraph (C). School districts, county offices of education, and
county placing agencies may develop cooperative agreements to
facilitate confidential access to and exchange of the pupil
information by email, facsimile, electronic format, or other secure
means, if the agreement complies with the requirements set forth in
Section 99.35 of Title 34 of the Code of Federal Regulations.
(L) A pupil 14 years of age or older who meets both of the
following criteria:
(i) The pupil is a homeless child or youth, as defined in
paragraph (2) of Section 725 of the federal McKinney-Vento Homeless
Assistance Act (42 U.S.C. Sec. 11434a(2)).
(ii) The pupil is an unaccompanied youth, as defined in paragraph
(6) of Section 725 of the federal McKinney-Vento Homeless Assistance
Act (42 U.S.C. Sec. 11434a(6)).
(M) An individual who completes items 1 to 4, inclusive, of the
Caregiver's Authorization Affidavit, as provided in Section 6552 of
the Family Code, and signs the affidavit for the purpose of enrolling
a minor in school.
(N) (i) An Upon request of an agency
caseworker or other representative of a state or local child welfare
agency, or tribal organization, as defined in Section 450b of Title
25 of the United States Code, that has legal responsibility, in
accordance with state or tribal law, for the care and protection of
the pupil. For purposes of this subdivision, state and local
child welfare agencies are deemed to have a legitimate educational
interest in the educational records of a child in foster care
pursuant to their responsibility to provide for their educational
stability as required by Section 475 of the federal Social Security
Act (42 U.S.C. Sec. 675).
(ii) The agency or organization specified in clause (i) may
disclose pupil records, or the personally identifiable information
contained in those records, to an individual or entity engaged in
addressing the pupil's educational needs, if the individual or entity
is authorized by the agency or organization to receive the
disclosure and the information requested is directly related to the
assistance provided by that individual or entity. The records, or the
personally identifiable information contained in those records,
shall not otherwise be disclosed by that agency or organization,
except as provided under the federal Family Educational Rights and
Privacy Act (20 U.S.C. Sec. 1232g), state law, including paragraph
(3), and tribal law.
(2) School districts may release information from pupil records to
the following:
(A) Appropriate persons in connection with an emergency if the
knowledge of the information is necessary to protect the health or
safety of a pupil or other persons. Schools or school districts
releasing information pursuant to this subparagraph shall comply with
the requirements set forth in Section 99.32(a)(5) of Title 34 of the
Code of Federal Regulations.
(B) Agencies or organizations in connection with the application
of a pupil for, or receipt of, financial aid. However, information
permitting the personal identification of a pupil or his or her
parents may be disclosed only as may be necessary for purposes as to
determine the eligibility of the pupil for financial aid, to
determine the amount of the financial aid, to determine the
conditions that will be imposed regarding the financial aid, or to
enforce the terms or conditions of the financial aid.
(C) Pursuant to Section 99.37 of Title 34 of the Code of Federal
Regulations, a county elections official, for the purpose of
identifying pupils eligible to register to vote, or for conducting
programs to offer pupils an opportunity to register to vote. The
information shall not be used for any other purpose or given or
transferred to any other person or agency.
(D) Accrediting associations in order to carry out their
accrediting functions.
(E) Organizations conducting studies for, or on behalf of,
educational agencies or institutions for purposes of developing,
validating, or administering predictive tests, administering student
aid programs, and improving instruction, if the studies are conducted
in a manner that will not permit the personal identification of
pupils or their parents by persons other than representatives of the
organizations, the information will be destroyed when no longer
needed for the purpose for which it is obtained, and the organization
enters into a written agreement with the educational agency or
institution that complies with Section 99.31(a)(6) of Title 34 of the
Code of Federal Regulations.
(F) Officials and employees of private schools or school systems
where the pupil is enrolled or intends to enroll, subject to the
rights of parents as provided in Section 49068 and in compliance with
the requirements in Section 99.34 of Title 34 of the Code of Federal
Regulations. This information shall be in addition to the pupil's
permanent record transferred pursuant to Section 49068.
(G) (i) A contractor or consultant with a legitimate educational
interest who has a formal written agreement or contract with the
school district regarding the provision of outsourced institutional
services or functions by the contractor or consultant.
(ii) Notwithstanding the authorization in Section 99.31(a)(1)(i)
(B) of Title 34 of the Code of Federal Regulations, a disclosure
pursuant to this subparagraph shall not be permitted to a volunteer
or other party.
(3) A person, persons, agency, or organization permitted access to
pupil records pursuant to this section shall not permit access to
any information obtained from those records by another person,
persons, agency, or organization, except for allowable exceptions
contained within the federal Family Educational Rights and Privacy
Act (20 U.S.C. Sec. 1232g) and state law, including this section, and
implementing regulations, without the written consent of the pupil's
parent. This paragraph shall not require prior parental consent when
information obtained pursuant to this section is shared with other
persons within the educational institution, agency, or organization
obtaining access, so long as those persons have a legitimate
educational interest in the information pursuant to Section 99.31(a)
(1) of Title 34 of the Code of Federal Regulations.
(4) Notwithstanding any other law, a school district, including a
county office of education or county superintendent of schools, may
participate in an interagency data information system that permits
access to a computerized database system within and between
governmental agencies or school districts as to information or
records that are nonprivileged, and where release is authorized as to
the requesting agency under state or federal law or regulation, if
each of the following requirements is met:
(A) Each agency and school district shall develop security
procedures or devices by which unauthorized personnel cannot access
data contained in the system.
(B) Each agency and school district shall develop procedures or
devices to secure privileged or confidential data from unauthorized
disclosure.
(C) Each school district shall comply with the access log
requirements of Section 49064.
(D) The right of access granted shall not include the right to
add, delete, or alter data without the written permission of the
agency holding the data.
(E) An agency or school district shall not make public or
otherwise release information on an individual contained in the
database if the information is protected from disclosure or release
as to the requesting agency by state or federal law or regulation.
(b) The officials and authorities to whom pupil records are
disclosed pursuant to subdivision (e) of Section 48902 and
subparagraph (I) of paragraph (1) of subdivision (a) shall certify in
writing to the disclosing school district that the information shall
not be disclosed to another party, except as provided under the
federal Family Educational Rights and Privacy Act (20 U.S.C. Sec.
1232g) and state law, without the prior written consent of the parent
of the pupil or the person identified as the holder of the pupil's
educational rights.
(c) (1) A person or party who is not permitted access to pupil
records pursuant to subdivision (a) or (b) may request access to
pupil records as provided for in paragraph (2).
(2) A local educational agency or other person or party who has
received pupil records, or information from pupil records, may
release the records or information to a person or party identified in
paragraph (1) without the consent of the pupil's parent or guardian
pursuant to Section 99.31(b) of Title 34 of the Code of Federal
Regulations, if the records or information are deidentified, which
requires the removal of all personally identifiable information, if
the disclosing local educational agency or other person or party has
made a reasonable determination that a pupil's identity is not
personally identifiable, whether through single or multiple releases,
and has taken into account other pertinent reasonably available
information.
SEC. 3. Section 49085 of the
Education Code is amended to read:
49085. (a) On or before February 1, 2014, the department and the
State Department of Social Services shall develop and enter into a
memorandum of understanding that shall, at a minimum, require the
State Department of Social Services, at least once per week, to share
with the department both of the following:
(1) Disaggregated information on children and youth in foster care
sufficient for the department to identify pupils in foster care.
(2) Disaggregated data on children and youth in foster care that
is helpful to county offices of education and other local educational
agencies responsible for ensuring that pupils in foster care
received appropriate educational supports and services.
(b) To the extent allowable under federal law, the department
shall regularly identify pupils in foster care and designate those
pupils in the California Longitudinal Pupil Achievement Data System
or any future data system used by the department to collect
disaggregated pupil outcome data.
(c) To the extent allowable under federal law, the Superintendent,
on or before July 1 of each even-numbered year, shall report to the
Legislature and the Governor on the educational outcomes for pupils
in foster care at both the individual schoolsite level and school
district level. The report shall include, but is not limited to, all
of the following:
(1) Individual schoolsite level and school district level
educational outcome data for each local educational agency that
enrolls at least 15 pupils in foster care, each county in which at
least 15 pupils in foster care attend school, and for the entire
state.
(2) The number of pupils in foster care statewide and by each
local educational agency.
(3) The academic achievement of pupils in foster care.
(4) The incidence of suspension and expulsion for pupils in foster
care.
(5) Truancy rates, attendance rates, and dropout rates for pupils
in foster care.
(d) To the extent allowable under federal law, the department, at
least once per week, shall do all of the following:
(1) Inform school districts and charter schools of any pupils
enrolled in those school districts or charter schools who are in
foster care.
(2) Inform county
offices of education of any pupils enrolled in schools in the county
who are in foster care.
(3) Provide schools districts, county office of education, and
charter schools disaggregated data helpful to ensuring pupils in
foster care receive appropriate educational supports and services.
(e) No later than September 1, 2015, the department and the State
Department of Social Services, in consultation with the
Administrative Office of the Courts, State Department of Health Care
Services, education and foster care advocates, and foster youth
organizations shall develop a model governance policy for local
educational agencies on the use of educational information and data
of students in foster care.
(f) No later than January 1, 2016, each local educational agency,
at a regularly scheduled public hearing, shall adopt a policy
governing the use of educational information and data of students in
foster care.
(e)
(g) For purposes of this section "pupil
the following definitions apply:
(1) "Pupil in foster care" has
the same meaning as "foster youth," as defined in Section 42238.01.
(2) "Local educational agency" means a school district, charter
school, or county office of education.
SEC. 4. Section 51101 of the
Education Code is amended to read:
51101. (a) Except as provided in subdivision (d)
(c) , the parents and ,
guardians , and educational rights holders of pupils
enrolled in public schools have the right and should have the
opportunity, as mutually supportive and respectful partners in the
education of their children within the public schools, to be informed
by the school, and to participate in the education of their
children, as follows:
(1) Within a reasonable period of time following making the
request, to observe the classroom or classrooms in which their child
is enrolled or for the purpose of selecting the school in which their
child will be enrolled in accordance with the requirements of any
intradistrict or interdistrict pupil attendance policies or programs.
(2) Within a reasonable time of their request, to meet with their
child's teacher or teachers and the principal of the school in which
their child is enrolled.
(3) To volunteer their time and resources for the improvement of
school facilities and school programs under the supervision of
district employees, including, but not limited to, providing
assistance in the classroom with the approval, and under the direct
supervision, of the teacher. Although volunteer parents may assist
with instruction, primary instructional responsibility shall remain
with the teacher.
(4) To be notified on a timely basis if their child is absent from
school without permission.
(5) To receive the results of their child's performance on
standardized tests and statewide tests and information on the
performance of the school that their child attends on standardized
statewide tests.
(6) To request a particular school for their child, and to receive
a response from the school district. This paragraph does not
obligate the school district to grant the parent's request.
(7) To have a school environment for their child that is safe and
supportive of learning.
(8) To examine the curriculum materials of the class or classes in
which their child is enrolled.
(9) To be informed of their child's progress in school and of the
appropriate school personnel whom they should contact if problems
arise with their child.
(10) To have access to the school records of their child.
(11) To receive information concerning the academic performance
standards, proficiencies, or skills their child is expected to
accomplish.
(12) To be informed in advance about school rules, including
disciplinary rules and procedures in accordance with Section 48980,
attendance policies, dress codes, and procedures for visiting the
school.
(13) To receive information about any psychological testing the
school does involving their child and to deny permission to give the
test.
(14) To participate as a member of a parent advisory committee,
schoolsite council, or site-based management leadership team, in
accordance with any rules and regulations governing membership in
these organizations. In order to facilitate parental
participation, schoolsite councils are encouraged to
schedule a biannual open forum for the purpose of informing parents
about current school issues and activities and answering parents'
, guardians', and educational rights holders '
questions. The meetings should be scheduled on weekends, and prior
notice should be provided to parents.
(15) To question anything in their child's record that the parent
, guardian, or educational rights holder feels is
inaccurate or misleading or is an invasion of privacy and to receive
a response from the school.
(16) To be notified, as early in the school year as practicable
pursuant to Section 48070.5, if their child is identified as being at
risk of retention and of their right to consult with school
personnel responsible for a decision to promote or retain their child
and to appeal a decision to retain or promote their child.
(b) In addition to the rights described in subdivision (a),
parents and guardians of pupils, including those parents and
, guardians , and educational rights
holders whose primary language is not English, shall have the
opportunity to work together in a mutually supportive and respectful
partnership with schools, and to help their children succeed in
school. Each governing board of a school district shall develop
jointly with parents and , guardians
, and educational rights holders , and shall adopt, a
policy that outlines the manner in which parents or
, guardians , or educational rights holders
of pupils, school staff, and pupils may share the
responsibility for continuing the intellectual, physical, emotional,
and social development and well-being of pupils at each schoolsite.
The policy shall include, but is not necessarily limited to, the
following:
(1) The means by which the school and parents or
, guardians , and educational rights
holders of pupils may help pupils to achieve academic and other
standards of the school.
(2) A description of the school's responsibility to provide a high
quality curriculum and instructional program in a supportive and
effective learning environment that enables all pupils to meet the
academic expectations of the school.
(3) The manner in which the parents and ,
guardians , and educational rights holders of pupils
may support the learning environment of their children, including,
but not limited to, the following:
(A) Monitoring attendance of their children.
(B) Ensuring that homework is completed and turned in on a timely
basis.
(C) Participation of the children in extracurricular activities.
(D) Monitoring and regulating the television viewed by their
children.
(E) Working with their children at home in learning activities
that extend learning in the classroom.
(F) Volunteering in their children's classrooms, or for other
activities at the school.
(G) Participating, as appropriate, in decisions relating to the
education of their own child or the total school program.
(c) All schools that participate in the High Priority Schools
Grant Program established pursuant to Article 3.5 (commencing with
Section 52055.600) of Chapter 6.1 of Part 28 and that maintain
kindergarten or any of grades 1 to 5, inclusive, shall jointly
develop with parents or guardians for all children enrolled at that
schoolsite, a school-parent compact pursuant to Section 6319 of Title
20 of the United States Code.
(d)
( c) This section does not authorize a
school to inform a parent or , guardian
, or educational rights holders , as provided in this
section, or to permit participation by a parent or
, guardian , or educational rights holders in
the education of a child, if it conflicts with a valid restraining
order, protective order, or order for custody or visitation issued by
a court of competent jurisdiction.
SEC. 5. Section 1529.2 of the
Health and Safety Code is amended to read:
1529.2. (a) In addition to the foster parent training provided by
community colleges, foster family agencies shall provide a program
of training for their certified foster families.
(b) (1) Every licensed foster parent shall complete a minimum of
12 30 hours of foster parent training,
as prescribed in paragraph (3), before the placement of any foster
children with the foster parent. In addition, a foster parent shall
complete a minimum of eight hours of foster parent training annually,
as prescribed in paragraph (4). No child shall be placed in a foster
family home unless these requirements are met by the persons in the
home who are serving as the foster parents.
(2) (A) Upon the request of the foster parent for a hardship
waiver from the postplacement training requirement or a request for
an extension of the deadline, the county may, at its option, on a
case-by-case basis, waive the postplacement training requirement or
extend any established deadline for a period not to exceed one year,
if the postplacement training requirement presents a severe and
unavoidable obstacle to continuing as a foster parent. Obstacles for
which a county may grant a hardship waiver or extension are:
(i) Lack of access to training due to the cost or travel required.
(ii) Family emergency.
(B) Before a waiver or extension may be granted, the foster parent
should explore the opportunity of receiving training by video or
written materials.
(3) The initial preplacement training shall include, but not be
limited to, training courses that cover all of the following:
(A) An overview of the child protective system.
(B) The effects of child abuse and neglect on child development.
(C) Positive discipline and the importance of self-esteem.
(D) Health issues and accessing health services for children
in foster care.
(E) Accessing education and health services available to
foster children. Understanding how to help
provide for the educational outcomes of children in foster care,
including accessing educational support services.
(F) The right of a foster child to have fair and equal access to
all available services, placement, care, treatment, and benefits, and
to not be subjected to discrimination or harassment on the basis of
actual or perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV status.
(G) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.
(H) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of a
harassment and violence free school environment contained in the
California Student Safety and Violence Prevention Act of 2000
(Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19
of Division 1 of Title 1 of the Education Code).
(I) Trauma-informed care.
(J) Confidentiality and privacy rights and protections.
(4) The postplacement annual training shall include, but not be
limited to, training courses that cover all of the following:
(A) Age-appropriate child development.
(B) Health issues in foster care.
(C) Positive discipline and the importance of self-esteem.
(D) Emancipation and independent living skills if a foster parent
is caring for youth.
(E) The right of a foster child to have fair and equal access to
all available services, placement, care, treatment, and benefits, and
to not be subjected to discrimination or harassment on the basis of
actual or perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV status.
(F) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.
(5) Foster parent training may be attained through a variety of
sources, including community colleges, counties, hospitals, foster
parent associations, the California State Foster Parent Association's
Conference, adult schools, and certified foster parent instructors.
(6) A candidate for placement of foster children shall submit a
certificate of training to document completion of the training
requirements. The certificate shall be submitted with the initial
consideration for placements and provided at the time of the annual
visit by the licensing agency thereafter.
(c) Nothing in this section shall preclude a county from requiring
county-provided preplacement or postplacement foster parent training
in excess of the requirements in this section.
SEC. 6. Section 102 of the
Welfare and Institutions Code is amended to read:
102. (a) Each CASA program shall, if feasible, be staffed by a
minimum of one paid administrator. The staff shall be directly
accountable to the presiding juvenile court judge and the CASA
program board of directors, as applicable.
(b) The program shall provide for volunteers to serve as CASAs. A
CASA may be appointed in juvenile dependency proceedings under
Section 300, including proceedings involving a nonminor dependent.
(c) Each CASA shall serve at the pleasure of the court having
jurisdiction over the proceedings in which a CASA has been appointed
and that appointment may continue after the child attains his or her
age of majority, with the consent of the nonminor dependent. A CASA
shall do all of the following:
(1) Provide independent, factual information to the court
regarding the cases to which he or she is appointed.
(2) Represent the best interests of the child involved, and
consider the best interests of the family, in the cases to which he
or she is appointed.
(3) At the request of the judge, monitor cases to which he or she
has been appointed to ensure that the court's orders have been
fulfilled.
(d) The Judicial Council, through its rules and regulations, shall
require an initial and ongoing training program consistent with this
chapter for all persons acting as a CASA, including, but not limited
to, each of the following:
(1) Dynamics of child abuse and neglect.
(2) Court structure, including juvenile court laws regarding
dependency.
(3) Social service systems.
(4) Child development.
(5) Cultural competency and sensitivity relating to, and best
practices for, providing adequate care to lesbian, gay, bisexual, and
transgender youth.
(6) Interviewing techniques.
(7) Report writing.
(8) Roles and responsibilities of a CASA.
(9) Rules of evidence and discovery procedures.
(10) Problems associated with verifying reports.
(11) Monitoring the educational stability of the child, including
the responsibilities of serving as an educational rights holder for
the child.
(e) The Judicial Council, through its CASA Advisory Committee,
shall adopt guidelines for the screening of CASA volunteers, which
shall include personal interviews, reference checks, checks for
records of sex offenses and other criminal records, information from
the Department of Motor Vehicles, and other information that the
Judicial Council deems appropriate.
SEC. 7. Section 361 of the
Welfare and Institutions Code is amended to read:
361. (a) (1) In all cases in which a minor is adjudged a
dependent child of the court on the ground that the minor is a person
described by Section 300, the court may limit the control to be
exercised over the dependent child by any parent or guardian and
shall by its order clearly and specifically set forth all those
limitations. Any limitation on the right of the parent or guardian to
make educational or developmental services decisions for the child
shall be specifically addressed in the court order. The limitations
may not exceed those necessary to protect the child. If the court
specifically limits the right of the parent or guardian to make
educational or developmental services decisions for the child, or,
for the nonminor dependent, if the court finds the appointment of a
developmental services decisionmaker to be in the best interests of
the nonminor dependent, the court shall at the same time appoint a
responsible adult to make educational or developmental services
decisions for the child or nonminor dependent until one of the
following occurs:
(A) The minor reaches 18 years of age, unless the child or
nonminor dependent chooses not to make educational or developmental
services decisions for himself or herself, or is deemed by the court
to be incompetent.
(B) Another responsible adult is appointed to make educational or
developmental services decisions for the minor pursuant to this
section.
(C) The right of the parent or guardian to make educational or
developmental services decisions for the minor is fully restored.
(D) A successor guardian or conservator is appointed.
(E) The child is placed into a planned permanent living
arrangement pursuant to paragraph (5) of subdivision (g) of Section
366.21, Section 366.22, Section 366.26, or subdivision (i) of Section
366.3, at which time, for educational decisionmaking, the foster
parent, relative caretaker, or nonrelative extended family member as
defined in Section 362.7, has the right to represent the child in
educational matters pursuant to Section 56055 of the Education Code,
and for decisions relating to developmental services, unless the
court specifies otherwise, the foster parent, relative caregiver, or
nonrelative extended family member of the planned permanent living
arrangement has the right to represent the child or nonminor
dependent in matters related to developmental services.
(2) An individual who would have a conflict of interest in
representing the child or nonminor dependent may not be appointed to
make educational or developmental services decisions. For purposes of
this section, "an individual who would have a conflict of interest,"
means a person having any interests that might restrict or bias his
or her ability to make educational or developmental services
decisions, including, but not limited to, those conflicts of interest
prohibited by Section 1126 of the Government Code, and the receipt
of compensation or attorney's fees for the provision of services
pursuant to this section. A foster parent may not be deemed to have a
conflict of interest solely because he or she receives compensation
for the provision of services pursuant to this section.
(3) If the court limits the parent's educational rights pursuant
to this subdivision, the court shall determine whether there is a
responsible adult who is a relative, nonrelative extended family
member, or other adult known to the child who is available and
willing to serve as the child's educational representative before
appointing an educational representative or surrogate who is not
known to the child.
If the court cannot identify a responsible adult who is known to
the child and available to make educational decisions for the child,
subparagraphs (A) to (E), inclusive, of paragraph (1) do not apply,
and the child has either been referred to the local educational
agency for special education and related services, or has a valid
individualized education program, the court shall refer the child to
the local educational agency for appointment of a surrogate parent
pursuant to Section 7579.5 of the Government Code.
If the court cannot identify a responsible adult to make
educational decisions for the child, the appointment of a surrogate
parent as defined in subdivision (a) of Section 56050 of the
Education Code is not warranted, and there is no foster parent to
exercise the authority granted by Section 56055 of the Education
Code, the court may appoint CASA as the educational
rights holder for the child, or , with the input of any
interested person, make educational decisions for the child.
(4) If the court appoints a developmental services decisionmaker
pursuant to this section, he or she shall have the authority to
access the child's or nonminor dependent's information and records
pursuant to subdivision (u) of Section 4514 and subdivision (y) of
Section 5328, and to act on the child's or nonminor dependent's
behalf for the purposes of the individual program plan process
pursuant to Sections 4646, 4646.5, and 4648 and the fair hearing
process pursuant to Chapter 7 (commencing with Section 4700) of
Division 4.5, and as set forth in the court order.
If the court cannot identify a responsible adult to make
developmental services decisions for the child or nonminor dependent,
the court may, with the input of any interested person, make
developmental services decisions for the child or nonminor dependent.
If the child is receiving services from a regional center, the
provision of any developmental services related to the court's
decision must be consistent with the child's or nonminor dependent's
individual program plan and pursuant to the provisions of the
Lanterman Developmental Disabilities Services Act (Division 4.5
(commencing with Section 4500)).
(5) All educational and school placement decisions shall seek to
ensure that the child is in the least restrictive educational
programs and has access to the academic resources, services, and
extracurricular and enrichment activities that are available to all
pupils. In all instances, educational and school placement decisions
shall be based on the best interests of the child. If an educational
representative or surrogate is appointed for the child, the
representative or surrogate shall meet with the child, shall
investigate the child's educational needs and whether those needs are
being met, and shall, prior to each review hearing held under this
article, provide information and recommendations concerning the child'
s educational needs to the child's social worker, make written
recommendations to the court, or attend the hearing and participate
in those portions of the hearing that concern the child's education.
(6) Nothing in this section in any way removes the obligation to
appoint surrogate parents for students with disabilities who are
without parental representation in special education procedures as
required by state and federal law, including Section 1415(b)(2) of
Title 20 of the United States Code, Section 56050 of the Education
Code, Section 7579.5 of the Government Code, and Rule 5.650 of the
California Rules of Court.
(b) Subdivision (a) does not limit the ability of a parent to
voluntarily relinquish his or her child to the State Department of
Social Services or to a county adoption agency at any time while the
child is a dependent child of the juvenile court, if the department
or agency is willing to accept the relinquishment.
(c) A dependent child may not be taken from the physical custody
of his or her parents or guardian or guardians with whom the child
resides at the time the petition was initiated, unless the juvenile
court finds clear and convincing evidence of any of the following
circumstances listed in paragraphs (1) to (5), inclusive, and, in an
Indian child custody proceeding, paragraph (6):
(1) There is or would be a substantial danger to the physical
health, safety, protection, or physical or emotional well-being of
the minor if the minor were returned home, and there are no
reasonable means by which the minor's physical health can be
protected without removing the minor from the minor's parent's or
guardian's physical custody. The fact that a minor has been
adjudicated a dependent child of the court pursuant to subdivision
(e) of Section 300 shall constitute prima facie evidence that the
minor cannot be safely left in the physical custody of the parent or
guardian with whom the minor resided at the time of injury. The court
shall consider, as a reasonable means to protect the minor, the
option of removing an offending parent or guardian from the home. The
court shall also consider, as a reasonable means to protect the
minor, allowing a nonoffending parent or guardian to retain physical
custody as long as that parent or guardian presents a plan acceptable
to the court demonstrating that he or she will be able to protect
the child from future harm.
(2) The parent or guardian of the minor is unwilling to have
physical custody of the minor, and the parent or guardian has been
notified that if the minor remains out of their physical custody for
the period specified in Section 366.26, the minor may be declared
permanently free from their custody and control.
(3) The minor is suffering severe emotional damage, as indicated
by extreme anxiety, depression, withdrawal, or untoward aggressive
behavior toward himself or herself or others, and there are no
reasonable means by which the minor's emotional health may be
protected without removing the minor from the physical custody of his
or her parent or guardian.
(4) The minor or a sibling of the minor has been sexually abused,
or is deemed to be at substantial risk of being sexually abused, by a
parent, guardian, or member of his or her household, or other person
known to his or her parent, and there are no reasonable means by
which the minor can be protected from further sexual abuse or a
substantial risk of sexual abuse without removing the minor from his
or her parent or guardian, or the minor does not wish to return to
his or her parent or guardian.
(5) The minor has been left without any provision for his or her
support, or a parent who has been incarcerated or institutionalized
cannot arrange for the care of the minor, or a relative or other
adult custodian with whom the child has been left by the parent is
unwilling or unable to provide care or support for the child and the
whereabouts of the parent is unknown and reasonable efforts to locate
him or her have been unsuccessful.
(6) In an Indian child custody proceeding, continued custody of
the child by the parent or Indian custodian is likely to result in
serious emotional or physical damage to the child, and that finding
is supported by testimony of a "qualified expert witness" as
described in Section
224.6.
(A) Stipulation by the parent, Indian custodian, or the Indian
child's tribe, or failure to object, may waive the requirement of
producing evidence of the likelihood of serious damage only if the
court is satisfied that the party has been fully advised of the
requirements of the federal Indian Child Welfare Act (25 U.S.C. Sec.
1901 et seq.), and has knowingly, intelligently, and voluntarily
waived them.
(B) Failure to meet non-Indian family and child-rearing community
standards, or the existence of other behavior or conditions that meet
the removal standards of this section, will not support an order for
placement in the absence of the finding in this paragraph.
(d) The court shall make a determination as to whether reasonable
efforts were made to prevent or to eliminate the need for removal of
the minor from his or her home or, if the minor is removed for one of
the reasons stated in paragraph (5) of subdivision (c), whether it
was reasonable under the circumstances not to make any of those
efforts, or, in the case of an Indian child custody proceeding,
whether active efforts as required in Section 361.7 were made and
that these efforts have proved unsuccessful. The court shall state
the facts on which the decision to remove the minor is based.
(e) The court shall make all of the findings required by
subdivision (a) of Section 366 in either of the following
circumstances:
(1) The minor has been taken from the custody of his or her parent
or guardian and has been living in an out-of-home placement pursuant
to Section 319.
(2) The minor has been living in a voluntary out-of-home placement
pursuant to Section 16507.4.
SEC. 8. Section 10601.2 of the
Welfare and Institutions Code is amended to read:
10601.2. (a) The State Department of Social Services shall
establish, by April 1, 2003, the California Child and Family Service
Review System, in order to review all county child welfare systems.
These reviews shall cover child protective services, foster care,
adoption, family preservation, family support, and independent
living.
(b) Child and family service reviews shall maximize compliance
with the federal regulations for the receipt of money from Subtitle E
(commencing with Section 470) of Title IV of the federal Social
Security Act (42 U.S.C. Sec. 670 and following) and ensure compliance
with state plan requirements set forth in Subtitle B (commencing
with Section 421) of Title IV of the federal Social Security Act (42
U.S.C. Sec. 621 and following).
(c) (1) The California Health and Human Services Agency shall
convene a workgroup comprised of representatives of the Judicial
Council, the State Department of Social Services, the State
Department of Health Care Services, the State Department of
Education, the State Department of Justice, any other state
departments or agencies the California Health and Human Services
Agency deems necessary, the County Welfare Directors Association, the
California State Association of Counties, the Chief Probation
Officers of California, the California Youth Connection, and
representatives of California tribes, interested child advocacy
organizations, researchers, and foster parent organizations. The
workgroup shall establish a workplan by which child and family
service reviews shall be conducted pursuant to this section,
including a process for qualitative peer reviews of case information.
(2) At a minimum, in establishing the workplan, the workgroup
shall consider any existing federal program improvement plans entered
into by the state pursuant to federal regulations, the outcome
indicators to be measured, compliance thresholds for each indicator,
timelines for implementation, county review cycles, uniform
processes, procedures and review instruments to be used, a corrective
action process, and any funding or staffing increases needed to
implement the requirements of this section. The agency shall broadly
consider collaboration with all entities to allow the adequate
exchange of information and coordination of efforts to improve
outcomes for foster youth and families.
(d) (1) The California Child and Family Service Review System
outcome indicators shall be consistent with the federal child and
family service review measures and standards for child and family
outcomes and system factors authorized by Subtitle B (commencing with
Section 421) and Subtitle E (commencing with Section 470) of Title
IV of the federal Social Security Act and the regulations adopted
pursuant to those provisions (Parts 1355 to 1357, inclusive, of Title
45 of the Code of Federal Regulations).
(2) During the first review cycle pursuant to this section, each
county shall be reviewed according to the outcome indicators
established for the California Child and Family Service Review
System.
(3) For subsequent reviews, the workgroup shall consider whether
to establish additional outcome indicators that support the federal
outcomes and any program improvement plan, and promote good health,
mental health, behavioral, educational, and other relevant outcomes
for children and families in California's child welfare services
system.
(4) The workgroup shall convene as necessary to update the outcome
indicators described in paragraph (1).
(e) The State Department of Social Services shall identify and
promote the replication of best practices in child welfare service
delivery to achieve the measurable outcomes established pursuant to
subdivision (d).
(f) The State Department of Social Services shall provide
information to the Assembly and Senate Budget Committees and
appropriate legislative policy committees annually, beginning with
the 2002-03 fiscal year, on all of the following:
(1) The department's progress in planning for the federal child
and family service review to be conducted by the United States
Department of Health and Human Services and, upon completion of the
federal review, the findings of that review, the state's response to
the findings, and the details of any program improvement plan entered
into by the state.
(2) The department's progress in implementing the California child
and family service reviews, including, but not limited to, the
timelines for implementation, the process to be used, and any funding
or staffing increases needed at the state or local level to
implement the requirements of this section.
(3) The findings and recommendations for child welfare system
improvements identified in county self-assessments and county system
improvement plans, including information on common statutory,
regulatory, or fiscal barriers identified as inhibiting system
improvements, any recommendations to overcome those barriers, and, as
applicable, information regarding the allocation and use of the
moneys provided to counties pursuant to subdivision (i).
(4) The department's efforts in providing guidance and technical
assistance to county welfare agencies, caregivers, and foster youth
on the sharing of foster care information and data among state and
public agencies, including the State Department of Developmental
Services, the State Department of Education, the State Department of
Health Care Services, and the State Department of Public Health, the
judiciary, local educational agencies, foster family agencies, and
foster youth caregivers, to improve the outcomes for children in
foster care.
(g) Effective April 1, 2003, the existing county compliance review
system shall be suspended to provide to the State Department of
Social Services sufficient lead time to provide training and
technical assistance to counties for the preparation necessary to
transition to the new child and family service review system.
(h) Beginning January 1, 2004, the department shall commence
individual child and family service reviews of California counties.
County child welfare systems that do not meet the established
compliance thresholds for the outcome measures that are reviewed
shall receive technical assistance from teams made up of state and
peer-county administrators to assist with implementing best practices
to improve their performance and make progress toward meeting
established levels of compliance.
(i) (1) To the extent that funds are appropriated in the annual
Budget Act to enable counties to implement approaches to improving
their performance on the outcome indicators under this section, the
department, in consultation with counties, shall establish a process
for allocating the funds to counties.
(2) The allocation process shall take into account, at a minimum,
the extent to which the proposed funding would be used for activities
that are reasonably expected to help the county make progress toward
the outcome indicators established pursuant to this section, and the
extent to which county funding for the Child Abuse, Prevention and
Treatment program is aligned with the outcome indicators.
(3) To the extent possible, a county shall use funds in a manner
that enables the county to access additional federal, state, and
local funds from other available sources. However, a county's ability
to receive additional matching funds from these sources shall not be
a determining factor in the allocation process established pursuant
to this subdivision.
(4) The department shall provide information to the appropriate
committees of the Legislature on the process established pursuant to
this subdivision for allocating funds to counties.
(j) (1) Counties shall continue to be responsible for and
accountable to the department for child welfare program performance
measures, including all of the following:
(A) The outcome and systemic factor measures contained in the
federal Department of Health and Human Services Child and Family
Services Review Procedures Manual, Appendix B, Index of Outcomes and
Systemic Factors, and Associated Items and Data Indicators, issued
pursuant to Sections 1355.34(b) and 1355.34(c) of Title 45 of the
Code of Federal Regulations.
(B) Information and other requirements necessary for the
California Child and Family Service Review System, as required
pursuant to this section.
(C) Monthly caseworker visits with a child in care.
(D) Timeliness to begin an investigation of allegations of child
abuse or neglect.
(E) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
other performance measures resulting from new federal mandates or
court decrees as specified in an all-county letter issued by the
department.
(2) The department shall monitor, on an ongoing basis, county
performance on the measures specified in paragraph (1).
(3) At least once every five years, the department shall conduct a
comprehensive review of county performance on the measures specified
in paragraph (1).
(4) (A) The department shall periodically update the process
guides utilized by counties to prepare the self assessments and
system improvement plans to promote implementation and evaluation of
promising practices and use of data.
(B) The process guides also shall include, but not be limited to,
both of the following:
(i) County evaluation of demographics for the children and
families served and effectiveness of the system improvement
activities for these populations.
(ii) A description of the process by which the department and
counties shall develop mutually agreed upon performance targets for
improvement.
(iii) An overview of the process and efforts by which the
department and counties are working collaboratively with other state
and local agencies to share child welfare information and data to
improve the outcomes of children in foster care.
(5) The department, in consultation with counties, shall develop a
process for resolving any disputes regarding the establishment of
appropriate targets pursuant to the process provided in paragraph
(4).
(6) A county shall submit an update to the department, no less
than annually, on its progress in achieving improvements from the
county's baseline for the applicable measure. The department may
require a county that has not met its performance targets to submit
and implement a corrective action plan, as determined by the
director.
(k) Beginning in the 2011-12 fiscal year, and for each fiscal year
thereafter, funding and expenditures for programs and activities
required under this section shall be in accordance with the
requirements provided in Sections 30025 and 30026.5 of the Government
Code.
SEC. 9. Section 16010.6 of the
Welfare and Institutions Code is amended to read:
16010.6. (a) As soon as a placing agency makes a decision with
respect to a placement or a change in placement of a dependent child,
but not later than the close of the following business day, the
placing agency shall notify the child's attorney and provide to the
child's attorney information regarding the child's address,
telephone number, and caregiver. the following
information:
(1) The child's address and telephone number.
(2) The name and contact information of the child's caregiver.
(3) The child's school of enrollment and, if available, the name
and contact information of the foster youth services liaison and the
foster youth services education coordinator.
(b) (1) A placing agency shall not make a placement or a change in
placement of a child outside the United States prior to a judicial
finding that the placement is in the best interest of the child,
except as required by federal law or treaty.
(2) The placing agency shall carry the burden of proof and must
show, by clear and convincing evidence, that placement outside the
United States is in the best interest of the child.
(3) In determining the best interest of the child, the court shall
consider, but not be limited to, the following factors:
(A) Placement with a relative.
(B) Placement of siblings in the same home.
(C) Amount and nature of any contact between the child and the
potential guardian or caretaker.
(D) Physical and medical needs of the dependent child.
(E) Psychological and emotional needs of the dependent child.
(F) Social, cultural, and educational needs of the dependent
child.
(G) Specific desires of any dependent child who is 12 years of age
or older.
(4) If the court finds that a placement outside the United States
is, by clear and convincing evidence, in the best interest of the
child, the court may issue an order authorizing the placing agency to
make a placement outside the United States. A child subject to this
subdivision shall not leave the United States prior to the issuance
of the order described in this paragraph.
(5) For purposes of this subdivision, "outside the United States"
shall not include the lands of any federally recognized American
Indian tribe or Alaskan Natives.
(6) This section shall not apply to the placement of a dependent
child with a parent.
(c) Absent exigent circumstances, as soon as a placing agency
becomes aware of the need for a change in placement of a dependent
child that will result in the separation of siblings currently placed
together, the placing agency shall notify the child's attorney and
the child's siblings' attorney of this proposed separation no less
than 10 calendar days prior to the planned change of placement so
that the attorneys may investigate the circumstances of the proposed
separation. If the placing agency first becomes aware, by written
notification from a foster family agency, group home, or other foster
care provider, of the need for a change in placement for a dependent
child that will result in the separation of siblings currently
placed together, and that the child or children shall be removed
within seven days, then notice shall be provided to the attorneys by
the end of the next business day after the receipt of notice from the
provider. In an emergency, the placing agency shall provide notice
as soon as possible, but no later than the close of the first
business day following the change of placement. This notification
shall be deemed sufficient notice for the purposes of subdivision
(a).
(d) When the required notice is given prior to a change in
placement, the notice shall include information regarding the child's
address, telephone number, and caregiver ,
and school of enrollment, or any one or more of these items of
information to the extent that this information is known at the time
that the placing agency provides notice to the child's attorney. When
the required notice is given after the change in placement, notice
shall include information regarding the child's address, telephone
number, and caregiver , and school of
enrollment .
(e) As soon as a placing agency makes a decision with respect to a
placement or a change in placement of a dependent child, the placing
agency shall, within two business days of the placement, do the
following:
(1) Notify the school district of enrollment's foster youth
liaison, as established by Section 48853.5 of the Education Code, and
the foster youth educational services coordinator, established by
Section 42921 of the Education Code, that the child is or will be
enrolled in their local educational agency, and the name and contact
information of the child's educational rights holder.
(2) Enter into the Child Welfare Services Case Management System,
established pursuant to Section 16501.6, the child's school and
school district of enrollment, the name of the school district of
enrollment's foster youth liaison, foster youth educational services
coordinator, and the child's educational rights holder.
(e)
( f) The Judicial Council shall adopt a rule
of court directing the attorney for a child for whom a dependency
petition has been filed, upon receipt from the agency responsible for
placing the child of the name, address, and telephone number of the
child's caregiver, to timely provide the attorney's contact
information to the caregiver and, if the child is 10 years of age or
older, to the child. This rule does not preclude an attorney from
giving contact information to a child who is younger than 10 years of
age.
SEC. 10. Section 16010.7 is added to the
Welfare and Institutions Code , to read:
16010.7. (a) It is the intent of the Legislature that county
welfare agencies and local educational agencies work closely together
in a collaborative manner to help provide for and improve the
educational outcomes of children in foster care.
(b) To help maintain a level of communication between county
welfare agencies and local agencies, county welfare agencies shall
annually provide the names and contact information for foster youth
caseworkers to their respective county offices of education foster
youth services liaisons and foster youth educational service
coordinators by July 1 of each year.
SEC. 11. Section 16206 of the Welfare
and Institutions Code is amended to read:
16206. (a) The purpose of the program is to develop and implement
statewide coordinated training programs designed specifically to
meet the needs of county child protective services social workers
assigned emergency response, family maintenance, family
reunification, permanent placement, and adoption responsibilities. It
is the intent of the Legislature that the program include training
for other agencies under contract with county welfare departments to
provide child welfare services. In addition, the program shall
provide training programs for persons defined as a mandated reporter
pursuant to the Child Abuse and Neglect Reporting Act, Article 2.5
(commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of
the Penal Code. The program shall provide the services required in
this section to the extent possible within the total allocation. If
allocations are insufficient, the department, in consultation with
the grantee or grantees and the Child Welfare Training Advisory
Board, shall prioritize the efforts of the program, giving primary
attention to the most urgently needed services. County child
protective services social workers assigned emergency response
responsibilities shall receive first priority for training pursuant
to this section.
(b) The training program shall provide practice-relevant training
for mandated child abuse reporters and all members of the child
welfare delivery system that will address critical issues affecting
the well-being of children, and shall develop curriculum materials
and training resources for use in meeting staff development needs of
mandated child abuse reporters and child welfare personnel in public
and private agency settings.
(c) The training provided pursuant to this section shall include
, but not be limited to, all of the following:
(1) Crisis intervention.
(2) Investigative techniques.
(3) Rules of evidence.
(4) Indicators of abuse and neglect.
(5) Assessment criteria, including the application of guidelines
for assessment of relatives for placement according to the criteria
described in Section 361.3.
(6) Intervention strategies.
(7) Legal requirements of child protection, including requirements
of child abuse reporting laws.
(8) Case management , including the educational stability of
the child as required by Section 475 of the federal Social Security
Act (42 U.S.C. Sec. 675) .
(9) Use of community resources.
(10) Information regarding the dynamics and effects of domestic
violence upon families and children, including indicators and
dynamics of teen dating violence.
(11) Posttraumatic stress disorder and the causes, symptoms, and
treatment of posttraumatic stress disorder in children.
(12) The importance of maintaining relationships with individuals
who are important to a child in out-of-home placement, including
methods to identify those individuals, consistent with the child's
best interests, including, but not limited to, asking the child about
individuals who are important, and ways to maintain and support
those relationships.
(13) The legal duties of a child protective services social
worker, in order to protect the legal rights and safety of children
and families from the initial time of contact during investigation
through treatment.
(14) Information and data sharing relating to working
collaboratively with other state and local agencies.
(d) The training provided pursuant to this section may also
include any or all of the following:
(1) Child development and parenting.
(2) Intake, interviewing, and initial assessment.
(3) Casework and treatment.
(4) Medical aspects of child abuse and neglect.
(e) The training program in each county shall assess the program's
performance at least annually and forward it to the State Department
of Social Services for an evaluation. The assessment shall include,
at a minimum, all of the following:
(1) Workforce data, including education, qualifications, and
demographics.
(2) The number of persons trained.
(3) The type of training provided.
(4) The degree to which the training is perceived by participants
as useful in practice.
(5) Any additional information or data deemed necessary by the
department for reporting, oversight, and monitoring purposes.
(f) The training program shall provide practice-relevant training
to county child protective services social workers who screen
referrals for child abuse or neglect and for all workers assigned to
provide emergency response, family maintenance, family reunification,
and permanent placement services. The training shall be developed in
consultation with the Child Welfare Training Advisory Board and
domestic violence victims' advocates and other public and private
agencies that provide programs for victims of domestic violence or
programs of intervention for perpetrators.
SEC. 12. Section 16501.1 of the Welfare
and Institutions Code is amended to read:
16501.1. (a) (1) The Legislature finds and declares that the
foundation and central unifying tool in child welfare services is the
case plan.
(2) The Legislature further finds and declares that a case plan
ensures that the child receives protection and safe and proper care
and case management, and that services are provided to the child and
parents or other caretakers, as appropriate, in order to improve
conditions in the parent's home, to facilitate the safe return of the
child to a safe home or the permanent placement of the child, and to
address the needs of the child while in foster care.
(b) (1) A case plan shall be based upon the principles of this
section and shall document that a preplacement assessment of the
service needs of the child and family, and preplacement preventive
services, have been provided, and that reasonable efforts to prevent
out-of-home placement have been made.
(2) In determining the reasonable services to be offered or
provided, the child's health and safety shall be the paramount
concerns.
(3) Upon a determination pursuant to paragraph (1) of subdivision
(e) of Section 361.5 that reasonable services will be offered to a
parent who is incarcerated in a county jail or state prison, detained
by the United States Department of Homeland Security, or deported to
his or her country of origin, the case plan shall include
information, to the extent possible, about a parent's incarceration
in a county jail or the state prison, detention by the United States
Department of Homeland Security, or deportation during the time that
a minor child of that parent is involved in dependency care.
(4) Reasonable services shall be offered or provided to make it
possible for a child to return to a safe home environment, unless,
pursuant to subdivisions (b) and (e) of Section 361.5, the court
determines that reunification services shall not be provided.
(5) If reasonable services are not ordered, or are terminated,
reasonable efforts shall be made to place the child in a timely
manner in accordance with the permanent plan and to complete all
steps necessary to finalize the permanent placement of the child.
(c) (1) If out-of-home placement is used to attain case
plan goals, the case plan shall include a description of the type of
home or institution in which the child is to be placed, and the
reasons for that placement decision. The decision regarding choice of
placement shall be based upon selection of a safe setting that is
the least restrictive or most familylike and the most appropriate
setting that is available and in close proximity to the parent's
home, proximity to the child's school, and consistent with the
selection of the environment best suited to meet the child's special
needs and best interests. The selection shall consider, in order of
priority, placement with relatives, nonrelated extended family
members, tribal members, and foster family homes, certified homes of
foster family agencies, intensive treatment or multidimensional
treatment foster care homes, group care placements, such as group
homes and community treatment facilities, and residential treatment
pursuant to Section 7950 of the Family Code.
(2) If a group care placement is selected for a child, the case
plan shall indicate the needs of the child that necessitate this
placement, the plan for transitioning the child to a less restrictive
environment, and the projected timeline by which the child will be
transitioned to a less restrictive environment. This section of the
case plan shall be reviewed and updated at least semiannually.
(3) On or after January 1, 2012, for a nonminor dependent, as
defined in subdivision (v) of Section 11400, who is receiving AFDC-FC
benefits up to 21 years of age pursuant to Section 11403, in
addition to the above requirements, the selection of the placement,
including a supervised independent living placement, as described in
subdivision (w) of Section 11400, shall also be based upon the
developmental needs of young adults by providing opportunities to
have incremental responsibilities that prepare a nonminor dependent
to transition to independent living. If admission to, or continuation
in, a group home placement is being considered for a nonminor
dependent, the group home placement approval decision shall include a
youth-driven, team-based case planning process, as defined by the
department, in consultation with stakeholders. The case plan shall
consider the full range of placement options, and shall specify why
admission to, or continuation in, a group home placement is the best
alternative available at the time to meet the special needs or
well-being of the nonminor dependent, and how the placement will
contribute to the nonminor dependent's transition to independent
living. The case plan shall specify the treatment strategies that
will be used to prepare the nonminor dependent for discharge to a
less restrictive and more familylike setting, including a target date
for discharge from the group home placement. The placement shall be
reviewed and updated on a regular, periodic basis to ensure that
continuation in the group home remains in the best interests of the
nonminor dependent and that progress is being made in achieving case
plan goals leading to independent living. The group home placement
planning process shall begin as soon as it becomes clear to the
county welfare department or probation office that a foster child in
group home placement is likely to remain in group home placement on
his or her 18th birthday, in order to expedite the transition to a
less restrictive and more familylike setting if he or she becomes a
nonminor dependent. The case planning process shall include informing
the youth of all of his or her options, including, but not limited
to, admission to or continuation in a group home placement.
Consideration for continuation of existing group home placement for a
nonminor dependent under 19 years of age may include the need to
stay in the same placement in order to complete high school. After a
nonminor dependent either completes high school or attains his or her
19th birthday, whichever is earlier, continuation in or admission to
a group home is prohibited unless the nonminor dependent satisfies
the conditions of paragraph (5) of subdivision (b) of Section 11403,
and group home placement functions as a short-term transition to the
appropriate system of care. Treatment services provided by the group
home placement to the nonminor dependent to alleviate or ameliorate
the medical condition, as described in paragraph (5) of subdivision
(b) of Section 11403, shall not constitute the sole basis to
disqualify a nonminor dependent from the group home placement.
(4) In addition to the requirements of paragraphs (1) to (3),
inclusive, and taking into account other statutory considerations
regarding placement, the selection of the most appropriate home that
will meet the child's special needs and best interests shall also
promote educational stability by taking into consideration proximity
to the child's school of origin, and school attendance area, the
number of school transfers the child has previously experienced, and
the child's school matriculation schedule, in addition to other
indicators of educational stability that the Legislature hereby
encourages the State Department of Social Services and the State
Department of Education to develop.
(d) A written case plan shall be completed within a maximum of 60
days of the initial removal of the child or of the in-person response
required under subdivision (f) of Section 16501 if the child has not
been removed from his or her home, or by the date of the
dispositional hearing pursuant to Section 358, whichever occurs
first. The case plan shall be updated, as the service needs of the
child and family dictate. At a minimum, the case plan shall be
updated in conjunction with each status review hearing conducted
pursuant to Sections 364, 366, 366.3, and 366.31, and the hearing
conducted pursuant to Section 366.26, but no less frequently than
once every six months. Each updated case plan shall include a
description of the services that have been provided to the child
under the plan and an evaluation of the appropriateness and
effectiveness of those services.
(1) It is the intent of the Legislature that extending the maximum
time available for preparing a written case plan from 30 to 60 days
will afford caseworkers time to actively engage families, and to
solicit and integrate into the case plan the input of the child and
the child's family, as well as the input of relatives and other
interested parties.
(2) The extension of the maximum time available for preparing a
written case plan from the 30 to 60 days shall be effective 90 days
after the date that the department gives counties written notice that
necessary changes have been made to the Child Welfare Services Case
Management System to account for the 60-day timeframe for preparing a
written case plan.
(e) The child welfare services case plan shall be comprehensive
enough to meet the juvenile court dependency proceedings requirements
pursuant to Article 6 (commencing with Section 300) of Chapter 2 of
Part 1 of Division 2.
(f) The case plan shall be developed as follows:
(1) The case plan shall be based upon an assessment of the
circumstances that required child welfare services intervention. The
child shall be involved in developing the case plan as age and
developmentally appropriate.
(2) The case plan shall identify specific goals and the
appropriateness of the planned services in meeting those goals.
(3) The case plan shall identify the original allegations of abuse
or neglect, as defined in Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
conditions cited as the basis for declaring the child a dependent of
the court pursuant to Section 300, or all of these, and the other
precipitating incidents that led to child welfare services
intervention.
(4) The case plan shall include a description of the schedule of
the placement agency contacts with the child and the family or other
caretakers. The frequency of these contacts shall be in accordance
with regulations adopted by the State Department of Social Services.
If the child has been placed in foster care out of state, the county
social worker or probation officer, or a social worker or probation
officer on the staff of the agency in the state in which the child
has been placed, shall visit the child in a foster family home or the
home of a relative, consistent with federal law and in accordance
with the department's approved state plan. For children in
out-of-state group home facilities, visits shall be conducted at
least monthly, pursuant to Section 16516.5. At least once every six
months, at the time of a regularly scheduled placement agency contact
with the foster child, the child's social worker or probation
officer shall inform the child of his or her rights as a foster
child, as specified in Section 16001.9. The social worker or
probation officer shall provide the information to the child in a
manner appropriate to the age or developmental level of the child.
(5) (A) When out-of-home services are used, the frequency of
contact between the natural parents or legal guardians and the child
shall be specified in the case plan. The frequency of those contacts
shall reflect overall case goals, and consider other principles
outlined in this section.
(B) Information regarding any court-ordered visitation between the
child and the natural parents or legal guardians, and the terms and
conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
(6) When out-of-home placement is made, the case plan shall
include provisions for the development and maintenance of sibling
relationships as specified in subdivisions (b), (c), and (d) of
Section 16002. If appropriate, when siblings who are dependents of
the juvenile court are not placed together, the social worker for
each child, if different, shall communicate with each of the other
social workers and ensure that the child's siblings are informed of
significant life events that occur within their extended family.
Unless it has been determined that it is inappropriate in a
particular case to keep siblings informed of significant life events
that occur within the extended family, the social worker shall
determine the appropriate means and setting for disclosure of this
information to the child commensurate with the child's age and
emotional well-being. These significant life events shall include,
but shall not be limited to, the following:
(A) The death of an immediate relative.
(B) The birth of a sibling.
(C) Significant changes regarding a dependent child, unless the
child objects to the sharing of the information with his or her
siblings, including changes in placement, major medical or mental
health diagnoses, treatments, or hospitalizations, arrests, and
changes in the permanent plan.
(7) If out-of-home placement is made in a foster family home,
group home, or other child care institution that is either a
substantial distance from the home of the child's parent or out of
state, the case plan shall specify the reasons why that placement is
in the best interest of the child. When an out-of-state group home
placement is recommended or made, the case plan shall, in addition,
specify compliance with Section 7911.1 of the Family Code.
(8) Effective January 1, 2010, a A
case plan shall ensure the educational stability of the child while
in foster care and shall include both of the
following:
(A) An assurance that the placement takes into account the
appropriateness of the current educational setting and the proximity
to the school in which the child is enrolled at the time of
placement.
(B) An assurance that the placement agency has coordinated with
the person holding the right to make educational decisions for the
child and appropriate local educational agencies to ensure that the
child remains in the school in which the child is enrolled at the
time of placement or, if remaining in that school is not in the best
interests of the child, assurances by the placement agency and the
local educational agency to provide immediate and appropriate
enrollment in a new school and to provide all of the child's
educational records to the new school.
(C) The school and school district of enrollment of the child and
a description of the child's educational progress, attendance, and
any other relevant educational information deemed necessary by the
social worker.
(9) (A) If out-of-home services are used, or if parental rights
have been terminated and the case plan is placement for adoption, the
case plan shall include a recommendation regarding the
appropriateness of unsupervised visitation between the child and any
of the child's siblings. This recommendation shall include a
statement regarding the child's and the siblings' willingness to
participate in unsupervised visitation. If the case plan includes a
recommendation for unsupervised sibling visitation, the plan shall
also note that information necessary to accomplish this visitation
has been provided to the child or to the child's siblings.
(B) Information regarding the schedule and frequency of the visits
between the child and siblings, as well as any court-ordered terms
and conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
(10) If out-of-home services are used and the goal is
reunification, the case plan shall describe the services to be
provided to assist in reunification and the services to be provided
concurrently to achieve legal permanency if efforts to reunify fail.
The plan shall also consider in-state and out-of-state placements,
the importance of developing and maintaining sibling relationships
pursuant to Section 16002, and the desire and willingness of the
caregiver to provide legal permanency for the child if reunification
is unsuccessful.
(11) If out-of-home services are used, the child has been in care
for at least 12 months, and the goal is not adoptive placement, the
case plan shall include documentation of the compelling reason or
reasons why termination of parental rights is not in the child's best
interest. A determination completed or updated within the past 12
months by the department when it is acting as an adoption agency or
by a licensed adoption agency that it is unlikely that the child will
be adopted, or that one of the conditions described in paragraph (1)
of subdivision (c) of Section 366.26 applies, shall be deemed a
compelling reason.
(12) (A) Parents and legal guardians shall have an opportunity to
review the case plan, and to sign it whenever possible, and then
shall receive a copy of the plan. In a voluntary service or placement
agreement, the parents or legal guardians shall be required to
review and sign the case plan. Whenever possible, parents and legal
guardians shall participate in the development of the case plan.
Commencing January 1, 2012, for nonminor dependents, as defined in
subdivision (v) of Section 11400, who are receiving AFDC-FC or
CalWORKs assistance up to 21 years of age pursuant to Section 11403,
the transitional independent living case plan, as set forth in
subdivision (y) of Section 11400, shall be developed with, and signed
by, the nonminor.
(B) Parents and legal guardians shall be advised that, pursuant to
Section 1228.1 of the Evidence Code, neither their signature on the
child welfare services case plan nor their acceptance of any services
prescribed in the child welfare services case plan shall constitute
an admission of guilt or be used as evidence against the parent or
legal guardian in a court of law. However, they shall also be advised
that the parent's or guardian's failure to cooperate, except for
good cause, in the provision of services specified in the child
welfare services case plan may be used in any hearing held pursuant
to Section 366.21, 366.22, or 366.25 as evidence.
(13) A child shall be given a meaningful opportunity to
participate in the development of the case plan and state his or her
preference for foster care placement. A child who is 12 years of age
or older and in a permanent placement shall also be given the
opportunity to review the case plan, sign the case plan, and receive
a copy of the case plan.
(14) The case plan shall be included in the court report and shall
be considered by the court at the initial hearing and each review
hearing. Modifications to the case plan made during the period
between review hearings need not be approved by the court if the
casework supervisor for that case determines that the modifications
further the goals of the plan. If out-of-home services are used with
the goal of family reunification, the case plan shall consider and
describe the application of subdivision (b) of Section 11203.
(15) If the case plan has as its goal for the child a permanent
plan of adoption or placement in another permanent home, it shall
include a statement of the child's wishes regarding their permanent
placement plan and an assessment of those stated wishes. The agency
shall also include documentation of the steps the agency is taking to
find an adoptive family or other permanent living arrangements for
the child; to place the child with an adoptive family, an appropriate
and willing relative, a legal guardian, or in another planned
permanent living arrangement; and to finalize the adoption or legal
guardianship. At a minimum, the documentation shall include
child-specific recruitment efforts, such as the use of state,
regional, and national adoption exchanges, including electronic
exchange systems, when the child has been freed for adoption. If the
plan is for kinship guardianship, the case plan shall document how
the child meets the kinship guardianship eligibility requirements.
(16) (A) When appropriate, for a child who is 16 years of age or
older and, commencing January 1, 2012, for a nonminor dependent, the
case plan shall include the transitional independent living plan
(TILP), a written description of the programs and services that will
help the child, consistent with the child's best interests, to
prepare for the transition from foster care to independent living,
and, in addition, whether the youth has an in-progress application
pending for Title XVI Supplemental Security Income benefits or for
Special Immigrant Juvenile Status or other applicable application for
legal residency and an active dependency case is required for that
application. When appropriate, for a nonminor dependent, the
transitional independent living case plan, as described in
subdivision (v) of Section 11400, shall include the TILP, a written
description of the programs and services that will help the nonminor
dependent, consistent with his or her best interests, to prepare for
transition from foster care and assist the youth in meeting the
eligibility criteria set forth in paragraphs (1) to (5), inclusive,
of subdivision (b) Section 11403. If applicable, the case plan shall
describe the individualized supervision provided in the supervised
independent living placement as defined in subdivision (w) of Section
11400. The case plan shall be developed with the child or nonminor
dependent and individuals identified as important to the child or
nonminor dependent, and shall include steps the agency is taking to
ensure that the child or nonminor dependent achieves permanence,
including maintaining or obtaining permanent connections to caring
and committed adults.
(B) During the 90-day period prior to the participant attaining 18
years of age or older as the state may elect under Section 475(8)(B)
(iii) of the federal Social Security Act (42 U.S.C. Sec. 675(8)(B)
(iii)), whether during that period foster care maintenance payments
are being made on the child's behalf or the child is receiving
benefits or services under Section 477 of the federal Social Security
Act (42 U.S.C. Sec. 677), a caseworker or other appropriate agency
staff or probation officer and other representatives of the
participant, as appropriate, shall provide the youth or nonminor with
assistance and support in developing the written 90-day transition
plan, that is personalized at the direction of the child, information
as detailed as the participant elects that shall include, but not be
limited to, options regarding housing, health insurance, education,
local opportunities for mentors and continuing support services, and
workforce supports and employment services, a power of attorney for
health care, and information regarding the advance health care
directive form.
(C) For youth 16 years of age or older, the case plan shall
include documentation that a consumer credit report was requested
annually from each of the three major credit reporting agencies at no
charge to the youth and that any results were provided to the youth.
For nonminor dependents, the case plan shall include documentation
that the county assisted the nonminor dependent in obtaining his or
her reports. The case plan shall include documentation of barriers,
if any, to obtaining the credit reports. If the consumer credit
report reveals any accounts, the case plan shall detail how the
county ensured the youth received assistance with interpreting the
credit report and resolving any inaccuracies, including any referrals
made for the assistance.
(g) If the court finds, after considering the case plan, that
unsupervised sibling visitation is appropriate and has been consented
to, the court shall order that the child or the child's siblings,
the child's current caregiver, and the child's prospective adoptive
parents, if applicable, be provided with information necessary to
accomplish this visitation. This section does not require or prohibit
the social worker's facilitation, transportation, or supervision of
visits between the child and his or her siblings.
(h) The case plan documentation on sibling placements required
under this section shall not require modification of existing case
plan forms until the Child Welfare Services Case Management System is
implemented on a statewide basis.
(i) When a child is 10 years of age or older and has been in
out-of-home placement for six months or longer, the case plan shall
include an identification of individuals, other than the child's
siblings, who are important to the child and actions necessary to
maintain the child's relationship with those individuals, provided
that those relationships are in the best interest of the child. The
social worker or probation officer shall ask every child who is 10
years of age or older and who has been in out-of-home placement for
six months or longer to identify individuals other than the child's
siblings who are important to the child, and may ask any other child
to provide that information, as appropriate. The social worker or
probation officer shall make efforts to identify other individuals
who are important to the child, consistent with the child's best
interests.
(j) The child's caregiver shall be provided a copy of a plan
outlining the child's needs and services. The nonminor dependent's
caregiver shall be provided with a copy of the nonminor's TILP.
(k) On or before June 30, 2008, the department, in consultation
with the County Welfare Directors Association of California and other
advocates, shall develop a comprehensive plan to ensure that 90
percent of foster children are visited by their caseworkers on a
monthly basis by October 1, 2011, and that the majority of the visits
occur in the residence of the child. The plan shall include any data
reporting requirements necessary to comply with the provisions of
the federal Child and Family Services Improvement Act of 2006 (Public
Law 109-288).
(l) The implementation and operation of the amendments to
subdivision (i) enacted at the 2005-06 Regular Session shall be
subject to appropriation through the budget process and by phase, as
provided in Section 366.35.
SEC. 13. Section 16501.4 is added to the
Welfare and Institutions Code , to read:
16501.4. (a) The Legislature finds and declares all of the
following:
(1) Children in foster care face unique challenges due to the
array of services and programs provided by numerous local agencies.
During their time in foster care, a child can interact with 10 or
more individuals representing different public agencies and interests
where each comes with their own programmatic services requirements
and legal protections concerning confidentiality for children,
families, and their caregivers.
(2) Acknowledging the complexity and the array of programs and
services that deal with personal and confidential information in
order to provide effective services to children in foster care, there
is a great need to allow for fully informed decisions and timely
access to information to meet the needs of children, families, and
their caregivers.
(3) Within the structure of federal, state, and local privacy and
confidentiality laws, it is important to improve the collaboration
among the systems that serve children, families, and caregivers,
including the child welfare, public education, public safety, and
judicial systems. State and local agencies should make every effort
to work within existing privacy and confidentiality laws to share
foster care information and data.
(4) Through the exchange of information and data between these
systems there exists the potential to improve collaboration, reduce
redundancies, and increase administrative efficiencies to enhance the
delivery of services with the goal of improving outcomes for
children in foster care.
(5) It is in the best interest of public policy that foster care
case level information and statewide data is shared across government
jurisdictions to improve services and outcomes for foster youth, to
improve the development of research and data analysis, and, to
improve informed policy decisionmaking while ensuring confidentiality
and legal protections for children, families, and caregivers.
(6) State and local agencies that provide for and serve children
in foster care are strongly encouraged to work collaboratively
together to enable the sharing of information and data of children in
foster care to improve the coordination of
services for, and to improve the outcomes of,
children in foster care.
(7) Any efforts to pursue foster care information and data sharing
should include the involvement of current and former foster youth to
inform appropriate user roles and responsibilities and to be
sensitive and responsive to when and how information and data should
be shared.
(8) State and local agencies are encouraged to take advantage of
existing and developing technologies to establish interagency
information and data systems to provide for improved information and
data sharing among agencies serving children in foster care, their
families, and caregivers. They are also encouraged to develop and
participate in information and data sharing training programs to help
ensure the operation, fidelity, and success of interagency data
systems related to children in foster care.
(b) To better enable and allow for the sharing of information and
data to improve outcomes for children in foster care, no later than
August 1, 2015, the Child Welfare Council, established pursuant to
Section 16540, shall develop the following:
(1) A model data and information memorandum of understanding in
consultation with the Administrative Office of the Courts, the State
Department of Education, the State Department of Health Care
Services, the State Department of Social Services, the Department of
Justice's Privacy Enforcement and Protection Unit, the state foster
care ombudsperson, county welfare agencies, local educational
agencies, foster youth and educational advocacy organizations,
including youth-based foster youth organizations, and the public,
that may be used by local county health and human services agencies,
probation agencies, local educational agencies, and county courts to
facilitate the sharing of foster care information and data. The model
memorandum of understanding shall include, but not be limited to,
the following data and information sharing principles and
requirements:
(A) Individual level information shall only be shared if it
benefits the outcomes of the foster youth.
(B) Specifies how information and data is maintained, disclosed,
sealed, and destroyed, especially after a youth has exited the child
welfare system.
(C) Prohibits information and data from being used to the
detriment of the child.
(D) Identifies necessary legal confidentiality and privacy
requirements, including whether consent is required in specific
circumstances.
(E) Identifies necessary user roles and responsibilities relating
to data and information access.
(F) Provides distinctions between the sharing of individual case
level information and aggregate level data sharing.
(2) A foster care data and information sharing best practices
resource guide which shall include, but not be limited to, the
following:
(A) A review of available foster care data and information that
state and local agencies collect that should be shared.
(B) An overview of confidentiality and privacy laws and
recommendations on what types foster care-related information and
data can and should be shared safely and securely.
(C) Recommendations on user-based roles and protocol
responsibilities.
(D) Common data definitions on information and data shared among
public agencies.
(E) Distinguish principles and protocols between the sharing of
aggregate level data and individual level personally identifiable
information.
(F) How children in foster care can proactively participate, and
how their information and data is shared among individuals and
agencies responsible for providing them care.
(c) The Child Welfare Council may accept funds donated by
third-party nonprofit organizations and philanthropic foundations to
support the development of the model memorandum of understanding
described in paragraph (1) of, and the resource guide described in
paragraph (2) of, subdivision (b).
(d) The Superintendent of Public Instruction, the Secretary of the
Health and Human Services Agency, and the Administrative Office of
the Courts shall jointly issue a letter notifying local educational
agencies and county health and human services agencies of the model
memorandum of understanding electronically to all county health and
human services agencies, local educational agencies, and courts no
later than September 1, 2015.
(e) No later than January 1, 2016, child welfare and probation
agencies, juvenile courts, and local educational agencies in each
county shall enter into a memorandum of understanding for purposes of
enabling the sharing of foster care information and data to better
coordinate and collaborate the provision of child welfare and
educational services with the goal of improving the outcomes of
children in foster care.
SEC. 14. Section 16501.5 of the Welfare
and Institutions Code is amended to read:
16501.5. (a) In order to protect children and effectively
administer and evaluate California's Child Welfare Services and
Foster Care programs, the department shall implement a single
statewide Child Welfare Services Case Management System no later than
July 1, 1993.
(b) It is the intent of the Legislature in developing and
implementing a statewide Child Welfare Services Case Management
System to minimize the administrative and systems barriers which
inhibit the effective provision of services to children and families
by applying current technology to the systems which support the
provision and management of child welfare services. Therefore, it is
the intent of the Legislature that the Child Welfare Services Case
Management System achieve all of the following:
(1) Provide child welfare services workers with immediate access
to child and family specific information in order to make appropriate
and expeditious case decisions.
(2) Provide child welfare services workers with the case
management information needed to effectively and efficiently manage
their caseloads and take appropriate and timely case management
actions. actions , which shall
include, but not be limited to, the following:
(A) The school and school district of enrollment.
(B) To the extent possible, the name and contact information of
the school district of enrollment's foster youth services liaison, as
established by Section 48853.5 of the Education Code, and the foster
youth educational services coordinator, as established by Section
42921 of the Education Code.
(3) Provide state and county child welfare services management
with the information needed to monitor and evaluate the
accomplishment of child welfare services tasks and goals.
(4) Provide all child welfare services agencies with a common data
base and definition of information from which to evaluate the child
welfare services programs in terms of the following:
(A) Effectiveness in meeting statutory and regulatory mandates,
goals, and objectives of the programs.
(B) Effectiveness in meeting the needs of the families and
children serviced by the program.
(C) Projecting and planning for the future needs of the families
and children served by the program.
(5) Meeting federal statistical reporting requirements with a
minimum of duplication of effort.
(6) Consolidate the collection and reporting of information for
those programs which are closely related to child welfare services,
including foster care and emergency assistance.
(7) Utilize the child welfare services functionality defined in
current and planned automated systems as the foundation for the
development of the technical requirements for the Child Welfare
Services Case Management System.
(c) It is the intent of the Legislature that the Child Welfare
Services Case Management System shall provide the required
comprehensive and detailed individual county data needed by the
department to implement and monitor the performance standards system.
SEC. 15. 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.
SECTION 1. It is the intent of the Legislature
to enact legislation to improve and enhance the ability to share
foster care information and data to improve outcomes for youth in
foster care.
