California Assembly Bill AB1067 Amended / Bill

 BILL NUMBER: AB 1067AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 26, 2015 INTRODUCED BY Assembly Member Gipson FEBRUARY 26, 2015 An act to amend Section  16000   16001.9  of the Welfare and Institutions Code, relating to  child welfare.   foster children.  LEGISLATIVE COUNSEL'S DIGEST AB 1067, as amended, Gipson.  Child welfare.   Foster children: psychotropic medication.   Existing law provides that it is the policy of the state that all minors and nonminors in foster care have specified rights, including, among others, the right to be free of the administration of medication or chemical substances, unless authorized by a physician.   This bill would additionally specify that all minors and nonminors in foster care have certain additional rights relating to the administration of psychotropic medication, including, among others, to be informed of the risks and benefits of psychotropic medication.   Existing law declares the intent of the Legislature to preserve and strengthen a child's family ties whenever possible, removing the child from the custody of his or her parents only when necessary for his or her welfare or for the safety and protection of the public. Existing law includes various provisions relating to appropriate placement and other services for children in foster care.   This bill would make technical, nonsubstantive changes to those provisions.  Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 16001.9 of the   Welfare and Institutions Code   is amended to read:  16001.9. (a) It is the policy of the state that all minors and nonminors in foster care shall have the following rights: (1) To live in a safe, healthy, and comfortable home where he or she is treated with respect. (2) To be free from physical, sexual, emotional, or other abuse, or corporal punishment. (3) To receive adequate and healthy food, adequate clothing, and, for youth in group homes, an allowance. (4) To receive medical, dental, vision, and mental health services. (5)  (A)    To be free of the administration of medication or chemical substances, unless authorized by a physician.  (B) To be informed of the risks and benefits of psychotropic medication.   (C) To appear before the judge determining if psychotropic medication should be administered, with an advocate of his or her choice, and state that he or she objects to any recommendation to prescribe psychotropic medication.   (D) To refuse the administration of psychotropic and other medications consistent with applicable law or unless immediately necessary for the preservation of life or the prevention of serious bodily harm.   (E) To have a prescribing doctor disclose any financial ties he or she may have to pharmaceutical companies.  (6) To contact family members, unless prohibited by court order, and social workers, attorneys, foster youth advocates and supporters, Court Appointed Special Advocates (CASAs), and probation officers. (7) To visit and contact brothers and sisters, unless prohibited by court order. (8) To contact the Community Care Licensing Division of the State Department of Social Services or the State Foster Care Ombudsperson regarding violations of rights, to speak to representatives of these offices confidentially, and to be free from threats or punishment for making complaints. (9) To make and receive confidential telephone calls and send and receive unopened mail, unless prohibited by court order. (10) To attend religious services and activities of his or her choice. (11) To maintain an emancipation bank account and manage personal income, consistent with the child's age and developmental level, unless prohibited by the case plan. (12) To not be locked in a room, building, or facility premises, unless placed in a community treatment facility. (13) To attend school and participate in extracurricular, cultural, and personal enrichment activities, consistent with the child's age and developmental level, with minimal disruptions to school attendance and educational stability. (14) To work and develop job skills at an age-appropriate level, consistent with state law. (15) To have social contacts with people outside of the foster care system, including teachers, church members, mentors, and friends. (16) To attend Independent Living Program classes and activities if he or she meets age requirements. (17) To attend court hearings and speak to the judge. (18) To have storage space for private use. (19) To be involved in the development of his or her own case plan and plan for permanent placement. (20) To review his or her own case plan and plan for permanent placement, if he or she is 12 years of age or older and in a permanent placement, and to receive information about his or her out-of-home placement and case plan, including being told of changes to the plan. (21) To be free from unreasonable searches of personal belongings. (22) To the confidentiality of all juvenile court records consistent with existing law. (23) 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. (24) To have caregivers and child welfare personnel who have received 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. (25) At 16 years of age or older, to have access to existing information regarding the educational options available, including, but not limited to, the coursework necessary for vocational and postsecondary educational programs, and information regarding financial aid for postsecondary education. (26) To have access to age-appropriate, medically accurate information about reproductive health care, the prevention of unplanned pregnancy, and the prevention and treatment of sexually transmitted infections at 12 years of age or older. (b) Nothing in this section shall be interpreted to require a foster care provider to take any action that would impair the health and safety of children in out-of-home placement. (c) The State Department of Social Services and each county welfare department are encouraged to work with the Student Aid Commission, the University of California, the California State University, and the California Community Colleges to receive information pursuant to paragraph (23) of subdivision (a).  SECTION 1.   Section 16000 of the Welfare and Institutions Code is amended to read: 16000. (a) It is the intent of the Legislature to preserve and strengthen a child's family ties whenever possible, removing the child from the custody of his or her parents only when necessary for his or her welfare or for the safety and protection of the public. If a child is removed from the physical custody of his or her parents, preferential consideration shall be given whenever possible to the placement of the child with the relative as required by Section 7950 of the Family Code. If the child is removed from his or her own family, it is the purpose of this chapter to secure as nearly as possible for the child the custody, care, and discipline equivalent to that which should have been given to the child by his or her parents. It is further the intent of the Legislature to reaffirm its commitment to children who are in out-of-home placement to live in the least restrictive, most familylike setting and to live as close to the child's family as possible pursuant to subdivision (c) of Section 16501.1. Family reunification services shall be provided for expeditious reunification of the child with his or her family, as required by law. If reunification is impossible or unlikely, a permanent alternative shall be developed. (b) It is further the intent of the Legislature to ensure that all pupils in foster care and those who are homeless, as defined by the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.), have the opportunity to meet the challenging state pupil academic achievement standards to which all pupils are held. In fulfilling their responsibilities to pupils in foster care, educators, county placing agencies, care providers, advocates, and the juvenile courts shall work together to maintain stable school placements and to ensure that each pupil is placed 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.