Bill Text: CA SCR20 | 2009-2010 | Regular Session | Chaptered
Bill Title: Children of Incarcerated Parents Bill of Rights.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Passed) 2009-08-28 - Chaptered by Secretary of State. Res. Chapter 88, Statutes of 2009. [SCR20 Detail]
Download: California-2009-SCR20-Chaptered.html
BILL NUMBER: SCR 20 CHAPTERED
BILL TEXT
RESOLUTION CHAPTER 88
FILED WITH SECRETARY OF STATE SEPTEMBER 1, 2009
ADOPTED IN SENATE JUNE 1, 2009
ADOPTED IN ASSEMBLY AUGUST 27, 2009
AMENDED IN SENATE MAY 28, 2009
AMENDED IN SENATE MAY 12, 2009
AMENDED IN SENATE APRIL 20, 2009
INTRODUCED BY Senator Liu
MARCH 9, 2009
Relative to the Children of Incarcerated Parents Bill of Rights.
LEGISLATIVE COUNSEL'S DIGEST
SCR 20, Liu. Children of Incarcerated Parents Bill of Rights.
This measure would encourage designated entities to distribute the
Children of Incarcerated Parents Bill of Rights to identified
children of incarcerated parents, and to invite discussion and
encourage relevant departments to use the bill of rights as a
framework for analysis and determination of procedures when making
decisions about services for these children.
WHEREAS, As many as 1 in 10 children have a parent who is in jail,
prison, or on parole or probation; and
WHEREAS, Over the last 15 years, federal and state governments
have expanded and lengthened criminal sentences, particularly for
drug offenses, incarcerating an increasing number of adults. An
unintended consequence of this rapid increase in adult incarceration
has been the growing number of children whose parents are, or have
been, in jail or prison; and
WHEREAS, The California sample of a national survey found that
two-thirds of the state's male prison inmates and 79 percent of the
state's female prison inmates were parents, with an average of 2.5
children for the men and 2.9 children for the women. Still, state law
provides very limited direction on how criminal justice authorities
should interact with the families and children of prisoners; and
WHEREAS, Studies indicate that maintaining family bonds during
incarceration reduces recidivism for parents and improves outcomes
for children; and
WHEREAS, The San Francisco Children of Incarcerated Parents
Partnership (SFCIPP) has developed a bill of rights for children of
incarcerated parents and has turned it into a resolution for the
city; and
WHEREAS, The San Francisco CIPP Bill of Rights sets forth the
following principles:
(a) The child has the right to be kept safe and informed at the
time of his or her parent's arrest. Actions to realize this right
include, but are not limited to, developing arrest protocols that
support and protect children, and offering the children and their
caregivers basic information about the postarrest process.
(b) The child has the right to be heard when decisions are made
about him or her. Actions to realize this right include, but are not
limited to, training staff at institutions whose constituency
includes children of incarcerated parents, and telling the truth and
listening to these children.
(c) The child has the right to be considered when decisions are
made about his or her parent. Actions to realize this right include,
but are not limited to, reviewing current sentencing law in terms of
its impact on children and families, including a family impact
statement in presentence investigation reports, and turning an arrest
into an opportunity for family preservation.
(d) The child has the right to be well cared for in his or her
parent's absence. Actions to realize this right include, but are not
limited to, supporting children by supporting their caretakers, and
offering subsidized guardianship.
(e) The child has the right to speak with, see, and touch his or
her parent. Actions to realize this right include, but are not
limited to, providing access to visiting rooms that are
child-centered, nonintimidating, and conducive to bonding,
considering proximity to family when siting prisons and assigning
prisoners, and encouraging child welfare departments to facilitate
contact.
(f) The child has the right to support as he or she faces a parent'
s incarceration. Actions to realize this right include, but are not
limited to, training adults who work with young people to recognize
the needs and concerns of children whose parents are incarcerated,
providing access to specially trained therapists, counselors, and
mentors, allocating 5 percent of the corrections budget to support
prisoners' families.
(g) The child has the right not to be judged, blamed, or labeled
because his or her parent is incarcerated. Actions to realize this
right include, but are not limited to, creating opportunities for
these children to communicate with and support each other, creating
"a truth fit to tell," and considering differential response when a
parent is arrested.
(h) The child has a right to a lifelong relationship with his or
her parent. Actions to realize this right include, but are not
limited to, reexamining the federal Adoption and Safe Families Act of
1997, designating a family services coordinator at prisons and
jails, supporting incarcerated parents on reentry, and focusing on
rehabilitation and alternatives to incarceration, now, therefore, be
it
Resolved by the Senate of the State of California, the Assembly
thereof concurring, That, the Legislature hereby encourages the State
Department of Social Services, the Department of Corrections and
Rehabilitation, the Office of the State Foster Care Ombudsperson,
schools, relevant nonprofit organizations, law enforcement agencies,
and other departments that interact with children of incarcerated
parents to distribute the bill of rights created by the San Francisco
Children of Incarcerated Parents Partnership to identified children
of incarcerated parents, utilizing available funds; and be it further
Resolved, That these entities are encouraged to invite discussion
and encourage relevant departments to use this bill of rights as a
framework for analysis and determination of procedures when making
decisions about services for the children of incarcerated parents;
and be it further
Resolved, That the Secretary of the Senate transmit copies of this
resolution to the author for appropriate distribution.
