California 2015 2015-2016 Regular Session

California Assembly Bill AB2869 Introduced / Bill

Filed 02/19/2016

 BILL NUMBER: AB 2869INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Chvez FEBRUARY 19, 2016 An act to amend Section 16000.1 of the Welfare and Institutions Code, relating to foster care. LEGISLATIVE COUNSEL'S DIGEST AB 2869, as introduced, Chvez. Foster care: placement. Existing law declares, among other things, that the state has a duty to care for and protect the children that the state places into foster care, and as a matter of public policy, the state assumes an obligation of the highest order to ensure the safety of children in foster care, and a judicial order establishing jurisdiction over a child placed into foster care supplants or limits parental or previous adult authority. Existing law also declares the intent of the Legislature to confirm the state's duty to comply with all requirements of the federal Social Security Act that are relevant to the protection and welfare of children in foster care. This bill would make technical, nonsubstantive changes to these 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 16000.1 of the Welfare and Institutions Code is amended to read: 16000.1. (a) The Legislature finds and declares all of the following: (1) The state has a duty to care for and protect the children that the state places into foster care, and as a matter of public policy, the state assumes an obligation of the highest order to ensure the safety of children in foster care. (2) A judicial order establishing jurisdiction over a child placed into foster care supplants or limits parental or previous adult authority. (3)  Nothing in this section is   This   section is not  intended to change the balance of liability between the state and the counties as it existed prior to the decision of the California Court of Appeal in County of Los Angeles v. Superior Court of Los Angeles: Real Party in Interest Terrell R. (2002) 102 Cal.App.4th 627, as established by the decision of the California Court of Appeal in Scott v. County of Los Angeles (1994) 27 Cal.App.4th 125. Furthermore,  nothing in this section is   this section is not  intended to increase or decrease the liability of the state as it existed prior to the Terrell R. case. (b) (1) It is the intent of the Legislature that  nothing in  the decision of the California Court of Appeal in County of Los Angeles v. Superior Court of Los Angeles: Real Party in Interest Terrell R. (2002) 102 Cal.App.4th 627, shall  not  be held to change the standards of liability and immunity for injuries to children in protective custody that existed prior to that decision. (2) It is the intent of the Legislature to confirm the state's duty to comply with all requirements under Part B of Title IV of the Social Security Act (42 U.S.C. Sec.  620   621  et seq.) and Part E of Title IV of the Social Security Act (42 U.S.C. Sec. 670 et seq.) that are relevant to the protection and welfare of children in foster care.