Bill Text: CA SCR20 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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-Introduced.html

---

BILL NUMBER: SCR 20	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Liu

                        MARCH 9, 2009

   Relative to the Children of Incarcerated Parents Bill of Rights.


	LEGISLATIVE COUNSEL'S DIGEST


   SCR 20, as introduced, Liu. Children of Incarcerated Parents Bill
of Rights.
   This measure would adopt the Children of Incarcerated Parents Bill
of Rights, and would encourage designated entities to distribute the
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.
   Fiscal committee: yes.



   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 this 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, This bill of rights gives the child the right to be kept
safe and informed at the time of the parent's arrest. California will
strive to develop arrest protocols that support and protect children
and offer children and their caregivers basic information about the
postarrest process whenever possible; and
   WHEREAS, This bill of rights gives the child the right to be heard
when decisions are made about him or her. California will strive to
train staff at institutions whose constituency includes children of
incarcerated parents to recognize and address these children's needs
and concerns; and
   WHEREAS, This bill of rights gives the child the right to be
considered when decisions are made about his or her parent.
California will strive to review current sentencing law in terms of
its impact on children and families, turn arrest into an opportunity
for family preservation, and include a family impact statement in
presentence investigation reports; and
   WHEREAS, This bill of rights gives the child the right to be well
cared for in his or her parent's absence. California will strive to
support children by supporting their caretakers and offer subsidized
guardianship; and
   WHEREAS, This bill of rights gives the child the right to speak
with, see, and touch his or her parent. California will strive to
provide access to visiting rooms that are child-centered,
nonintimidating and conducive to bonding, consider proximity to
family when siting prisons and assigning prisoners, and encourage
child welfare departments to facilitate contact; and
   WHEREAS, This bill of rights gives the child the right to support
as they face his or her parent's incarceration. California will
strive to train adults who work with young people to recognize the
needs and concerns of children whose parents are incarcerated, and
provide access to specially trained therapists, counselors, and
mentors; and
   WHEREAS, This bill of rights gives the child the right not to be
judged, blamed, or labeled because his or her parent is incarcerated.
California will strive to create opportunities for children of
incarcerated parents to communicate with and support each other and
consider different responses when a parent is arrested; and
   WHEREAS, This bill of rights gives the child the right to a
lifelong relationship with his or her parent. California will strive
to reexamine the Adoption and Safe Families Act, designate a family
services coordinator at prisons and jails, support incarcerated
parents upon reentry, and focus on rehabilitation and alternatives to
incarceration; and
   WHEREAS, The state, by a adopting a bill of rights for children
with incarcerated parents, can improve its rate of recidivism and
improve outcomes for the youth by striving to: increase access to
jail visiting facilities that are child-centered, provide
transportation for the children to visit their incarcerated parents,
provide opportunities with adults who are trained to address the
unique needs of children of incarcerated parents, and create
opportunities for children of incarcerated parents to communicate
with and support each other; now, therefore, be it
   Resolved by the Senate of the State of California, the Assembly
thereof concurring, That, the Legislature hereby adopts this bill of
rights for children of incarcerated parents. Appropriate entities
including, but not limited to, 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 are
encouraged to distribute this bill of rights 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.