California Senate Bill SCR20 Amended / Bill

 BILL NUMBER: SCR 20AMENDED BILL TEXT 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, as amended, Liu. Children of Incarcerated Parents Bill of Rights. This measure would  adopt the   encourage designated entities to distribute 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, The San Francisco CIPP bill of rights states the following:   "San Francisco Children of Incarcerated Parents: A Bill of Rights   (1) I have the right to be kept safe and informed at the time of my parent's arrest.   (2) I have the right to be heard when decisions are made about me.   (3) I have the right to be considered when decisions are made about my parent.   (4) I have the right to be well cared for in my parent's absence.   (5) I have the right to speak with, see and touch my parent.   (6) I have the right to support as I face my parent's incarceration.   (7) I have the right not to be judged, blamed, or labeled because my parent is incarcerated.   (8) I have the right to a lifelong relationship with my parent"; now, therefore, be it   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,   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  are encouraged  to distribute this 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.