CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2247

Introduced by Assembly Member Gipson
(Principal coauthor: Assembly Member Cooley)
(Coauthor: Assembly Member Thurmond)
(Coauthors: Senators Beall and Stone)

February 13, 2018

An act to add Section 16010.7 to the Welfare and Institutions Code, relating to foster youth.


LEGISLATIVE COUNSEL'S DIGEST


AB 2247, as introduced, Gipson. Foster youth: placement changes.
Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. In order to be eligible for AFDC-FC, existing law requires a child or nonminor dependent to be placed in one of several specified placements. Existing law imposes certain requirements on placing agencies with regard to the placement of a dependent child, including, among others, a prohibition against 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.
This bill would require a social worker or placing agency to implement a plan to preserve an existing placement prior to making a change to a dependent child’s placement. The bill would require the plan to include the dependent child’s child and family team, restorative justice practices, and facilitated mediation. If a placement change is necessary, the bill would require the social worker or placing agency to provide 15 days prior notice of the change, as specified. The bill would prohibit placement changes from occurring during specified hours. The bill would grant a child who is 10 years of age or older the right to notify the Office of the State Foster Care Ombudsperson if a placement change occurs in violation of these provisions. The bill would require the ombudsperson to, among other things, document the child’s account and investigate the complaint, as specified. The bill would authorize a social worker or placing agency to change a dependent child’s placement without fulfilling the requirements described above if doing so would endanger the child’s health and safety. The bill would express the intent of the Legislature with regards to these provisions and would make certain findings and declarations.
By increasing the duties of county social workers and placing agencies, this 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 no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 16010.7 is added to the Welfare and Institutions Code, to read:

16010.7.
 (a) It is the intent of the Legislature to prevent children or youth in foster care from experiencing unnecessary or abrupt placement changes that negatively impact their well-being or sense of security. It is the intent of the Legislature to preserve and strengthen a child or youth’s placement whenever possible. It is also the intent of the Legislature to ensure that placement changes do not occur due to gender, gender identity, race, or cultural differences. The Legislature finds and declares that unnecessary or abrupt placement changes undermine the essential duties that resource families have an obligation to uphold.
(b) Prior to making a change in placement, a social worker or placing agency shall implement a plan to preserve the existing placement. The plan to preserve the placement shall include all of the following:
(1) The dependent child’s child and family team, as defined in Section 16501.
(2) Restorative justice practices.
(3) Facilitated mediation.
(c) (1) If, after implementing the preservation plan specified in subdivision (b), the social worker or placement agency finds that a placement change is necessary, the social worker or placing agency shall serve written notice on all of the following parties at least 15 days prior to the placement change:
(A) The dependent child’s parent or guardian.
(B) The dependent child’s caregiver.
(C) The dependent child’s attorney.
(D) The child, if he or she is 10 years of age or older.
(2) A placement change made pursuant to this subdivision shall not take place between 7 o’clock p.m. and 7 o’clock a.m.
(d) If a placement change occurs in violation of this section, a child who is 10 years of age or older has the right to notify the Office of the State Foster Care Ombudsperson. The ombudsperson shall document the dependent child’s account and include it in the child’s case plan. If the child’s account conflicts with the social worker or placing agency’s stated reason for the placement change, the ombudsperson shall investigate the complaint pursuant to Section 16164.
(e) Notwithstanding subdivisions (b) and (c), a social worker or placing agency may change a dependent child’s placement without fulfilling the requirements of those provisions if remaining in the existing placement or providing prior written notice of the placement change would endanger the dependent child’s health or safety.

SEC. 2.

 To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIII B of the California Constitution.