Amended IN Assembly April 18, 2018 Amended IN Assembly March 22, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2967Introduced by Assembly Member Quirk-SilvaFebruary 16, 2018An act to add Part 7 (commencing with Section 6470) to Division 10 of the Family Code, relating to domestic violence. An act to add Section 103578 to the Health and Safety Code, relating to foster care.LEGISLATIVE COUNSEL'S DIGESTAB 2967, as amended, Quirk-Silva. Domestic violence: batterers program. Foster care: certified record of live birth.Existing law establishes the State Department of Public Health and sets forth its powers and duties, including, but not limited to, the duties as State Registrar relating to the uniform administration of provisions relating to vital records and health statistics. Existing law requires the State Registrar, local registrar, or county recorder to, upon request and payment of the required fee, supply to an applicant a certified copy of the record of a birth, fetal death, death, marriage, or marriage dissolution registered with the official.This bill would require each local registrar or county recorder to issue, without a fee, a certified record of live birth to any person who demonstrates that he or she is a youth living in foster care, as defined. The bill would require a county social services provider who has relevant knowledge regarding the youth to verify that the youth is living in foster care for purposes of these provisions. By imposing a higher level of service on county employees, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law specifies that the terms of probation granted to a person who has been convicted of domestic violence are required to include, among other things, successful completion of a batterers program, as defined, or, if none is available, another appropriate counseling program designated by the court, for a period of not less than one year. Under existing law, the probation department has the sole authority to approve a batterers program for probation, subject to specified criteria that the batterers program is required to meet.Existing law authorizes a court to issue an order to restrain any person in order to prevent acts of domestic violence, abuse, and sexual abuse and to provide for a separation of the persons involved in the domestic violence for a period sufficient to enable these persons to seek a resolution of the causes of the violence. Existing law also authorizes the court, after notice and a hearing, to issue an order requiring the restrained party to participate in a batterers program approved by the probation department as described above.This bill would require a batterers program that has been approved by a probation department to make its services available to a person who voluntarily applies for enrollment in the batterers program, as specified, without requiring that the person be referred to the batterers program by a court or probation department or be the subject of any criminal, civil, or juvenile proceedings. To the extent that a county administers its own batterers program, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 103578 is added to the Health and Safety Code, to read:103578. Each local registrar or county recorder shall, without a fee, issue a certified record of live birth to any person who demonstrates that he or she is a youth living in foster care, as defined in subdivision (f) of Section 11400 of the Welfare and Institutions Code. A county social services provider who has relevant knowledge regarding the youth shall verify that the youth is living in foster care for purposes of this section. A certificate issued pursuant to this section shall not contain a stamp indicating that the certified record is for government use only.SEC. 2. To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.SECTION 1.Part 7 (commencing with Section 6470) is added to Division 10 of the Family Code, to read:7.BATTERERS PROGRAM6470.(a)A batterers program that has been approved by a probation department pursuant to Section 1203.097 of the Penal Code shall make its services available to a person who voluntarily applies for enrollment in the batterers program, subject to any other law and the enrollment criteria of the batterers program, without requiring that the person be referred to the batterers program by a court or probation department or be the subject of any criminal, civil, or juvenile proceedings.(b)The probation department is not required to verify the batterers programs compliance with subdivision (a) for purposes of the probation departments approval process under Section 1203.097 of the Penal Code.(c)This section does not affect the requirements described in Section 1203.097 of the Penal Code for purposes of a person participating in a batterers program as a term of probation pursuant to Section 1203.097 of the Penal Code, and does not affect the requirements described in Section 6343 for purposes of a person subject to a protective order and participating in a batterers program pursuant to Section 6343.SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
Amended IN Assembly April 18, 2018 Amended IN Assembly March 22, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2967Introduced by Assembly Member Quirk-SilvaFebruary 16, 2018An act to add Part 7 (commencing with Section 6470) to Division 10 of the Family Code, relating to domestic violence. An act to add Section 103578 to the Health and Safety Code, relating to foster care.LEGISLATIVE COUNSEL'S DIGESTAB 2967, as amended, Quirk-Silva. Domestic violence: batterers program. Foster care: certified record of live birth.Existing law establishes the State Department of Public Health and sets forth its powers and duties, including, but not limited to, the duties as State Registrar relating to the uniform administration of provisions relating to vital records and health statistics. Existing law requires the State Registrar, local registrar, or county recorder to, upon request and payment of the required fee, supply to an applicant a certified copy of the record of a birth, fetal death, death, marriage, or marriage dissolution registered with the official.This bill would require each local registrar or county recorder to issue, without a fee, a certified record of live birth to any person who demonstrates that he or she is a youth living in foster care, as defined. The bill would require a county social services provider who has relevant knowledge regarding the youth to verify that the youth is living in foster care for purposes of these provisions. By imposing a higher level of service on county employees, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law specifies that the terms of probation granted to a person who has been convicted of domestic violence are required to include, among other things, successful completion of a batterers program, as defined, or, if none is available, another appropriate counseling program designated by the court, for a period of not less than one year. Under existing law, the probation department has the sole authority to approve a batterers program for probation, subject to specified criteria that the batterers program is required to meet.Existing law authorizes a court to issue an order to restrain any person in order to prevent acts of domestic violence, abuse, and sexual abuse and to provide for a separation of the persons involved in the domestic violence for a period sufficient to enable these persons to seek a resolution of the causes of the violence. Existing law also authorizes the court, after notice and a hearing, to issue an order requiring the restrained party to participate in a batterers program approved by the probation department as described above.This bill would require a batterers program that has been approved by a probation department to make its services available to a person who voluntarily applies for enrollment in the batterers program, as specified, without requiring that the person be referred to the batterers program by a court or probation department or be the subject of any criminal, civil, or juvenile proceedings. To the extent that a county administers its own batterers program, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Assembly April 18, 2018 Amended IN Assembly March 22, 2018
Amended IN Assembly April 18, 2018
Amended IN Assembly March 22, 2018
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 2967
Introduced by Assembly Member Quirk-SilvaFebruary 16, 2018
Introduced by Assembly Member Quirk-Silva
February 16, 2018
An act to add Part 7 (commencing with Section 6470) to Division 10 of the Family Code, relating to domestic violence. An act to add Section 103578 to the Health and Safety Code, relating to foster care.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2967, as amended, Quirk-Silva. Domestic violence: batterers program. Foster care: certified record of live birth.
Existing law establishes the State Department of Public Health and sets forth its powers and duties, including, but not limited to, the duties as State Registrar relating to the uniform administration of provisions relating to vital records and health statistics. Existing law requires the State Registrar, local registrar, or county recorder to, upon request and payment of the required fee, supply to an applicant a certified copy of the record of a birth, fetal death, death, marriage, or marriage dissolution registered with the official.This bill would require each local registrar or county recorder to issue, without a fee, a certified record of live birth to any person who demonstrates that he or she is a youth living in foster care, as defined. The bill would require a county social services provider who has relevant knowledge regarding the youth to verify that the youth is living in foster care for purposes of these provisions. By imposing a higher level of service on county employees, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law specifies that the terms of probation granted to a person who has been convicted of domestic violence are required to include, among other things, successful completion of a batterers program, as defined, or, if none is available, another appropriate counseling program designated by the court, for a period of not less than one year. Under existing law, the probation department has the sole authority to approve a batterers program for probation, subject to specified criteria that the batterers program is required to meet.Existing law authorizes a court to issue an order to restrain any person in order to prevent acts of domestic violence, abuse, and sexual abuse and to provide for a separation of the persons involved in the domestic violence for a period sufficient to enable these persons to seek a resolution of the causes of the violence. Existing law also authorizes the court, after notice and a hearing, to issue an order requiring the restrained party to participate in a batterers program approved by the probation department as described above.This bill would require a batterers program that has been approved by a probation department to make its services available to a person who voluntarily applies for enrollment in the batterers program, as specified, without requiring that the person be referred to the batterers program by a court or probation department or be the subject of any criminal, civil, or juvenile proceedings. To the extent that a county administers its own batterers program, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law establishes the State Department of Public Health and sets forth its powers and duties, including, but not limited to, the duties as State Registrar relating to the uniform administration of provisions relating to vital records and health statistics. Existing law requires the State Registrar, local registrar, or county recorder to, upon request and payment of the required fee, supply to an applicant a certified copy of the record of a birth, fetal death, death, marriage, or marriage dissolution registered with the official.
This bill would require each local registrar or county recorder to issue, without a fee, a certified record of live birth to any person who demonstrates that he or she is a youth living in foster care, as defined. The bill would require a county social services provider who has relevant knowledge regarding the youth to verify that the youth is living in foster care for purposes of these provisions. By imposing a higher level of service on county employees, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law specifies that the terms of probation granted to a person who has been convicted of domestic violence are required to include, among other things, successful completion of a batterers program, as defined, or, if none is available, another appropriate counseling program designated by the court, for a period of not less than one year. Under existing law, the probation department has the sole authority to approve a batterers program for probation, subject to specified criteria that the batterers program is required to meet.
Existing law authorizes a court to issue an order to restrain any person in order to prevent acts of domestic violence, abuse, and sexual abuse and to provide for a separation of the persons involved in the domestic violence for a period sufficient to enable these persons to seek a resolution of the causes of the violence. Existing law also authorizes the court, after notice and a hearing, to issue an order requiring the restrained party to participate in a batterers program approved by the probation department as described above.
This bill would require a batterers program that has been approved by a probation department to make its services available to a person who voluntarily applies for enrollment in the batterers program, as specified, without requiring that the person be referred to the batterers program by a court or probation department or be the subject of any criminal, civil, or juvenile proceedings. To the extent that a county administers its own batterers program, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 103578 is added to the Health and Safety Code, to read:103578. Each local registrar or county recorder shall, without a fee, issue a certified record of live birth to any person who demonstrates that he or she is a youth living in foster care, as defined in subdivision (f) of Section 11400 of the Welfare and Institutions Code. A county social services provider who has relevant knowledge regarding the youth shall verify that the youth is living in foster care for purposes of this section. A certificate issued pursuant to this section shall not contain a stamp indicating that the certified record is for government use only.SEC. 2. To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.SECTION 1.Part 7 (commencing with Section 6470) is added to Division 10 of the Family Code, to read:7.BATTERERS PROGRAM6470.(a)A batterers program that has been approved by a probation department pursuant to Section 1203.097 of the Penal Code shall make its services available to a person who voluntarily applies for enrollment in the batterers program, subject to any other law and the enrollment criteria of the batterers program, without requiring that the person be referred to the batterers program by a court or probation department or be the subject of any criminal, civil, or juvenile proceedings.(b)The probation department is not required to verify the batterers programs compliance with subdivision (a) for purposes of the probation departments approval process under Section 1203.097 of the Penal Code.(c)This section does not affect the requirements described in Section 1203.097 of the Penal Code for purposes of a person participating in a batterers program as a term of probation pursuant to Section 1203.097 of the Penal Code, and does not affect the requirements described in Section 6343 for purposes of a person subject to a protective order and participating in a batterers program pursuant to Section 6343.SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 103578 is added to the Health and Safety Code, to read:103578. Each local registrar or county recorder shall, without a fee, issue a certified record of live birth to any person who demonstrates that he or she is a youth living in foster care, as defined in subdivision (f) of Section 11400 of the Welfare and Institutions Code. A county social services provider who has relevant knowledge regarding the youth shall verify that the youth is living in foster care for purposes of this section. A certificate issued pursuant to this section shall not contain a stamp indicating that the certified record is for government use only.
SECTION 1. Section 103578 is added to the Health and Safety Code, to read:
### SECTION 1.
103578. Each local registrar or county recorder shall, without a fee, issue a certified record of live birth to any person who demonstrates that he or she is a youth living in foster care, as defined in subdivision (f) of Section 11400 of the Welfare and Institutions Code. A county social services provider who has relevant knowledge regarding the youth shall verify that the youth is living in foster care for purposes of this section. A certificate issued pursuant to this section shall not contain a stamp indicating that the certified record is for government use only.
103578. Each local registrar or county recorder shall, without a fee, issue a certified record of live birth to any person who demonstrates that he or she is a youth living in foster care, as defined in subdivision (f) of Section 11400 of the Welfare and Institutions Code. A county social services provider who has relevant knowledge regarding the youth shall verify that the youth is living in foster care for purposes of this section. A certificate issued pursuant to this section shall not contain a stamp indicating that the certified record is for government use only.
103578. Each local registrar or county recorder shall, without a fee, issue a certified record of live birth to any person who demonstrates that he or she is a youth living in foster care, as defined in subdivision (f) of Section 11400 of the Welfare and Institutions Code. A county social services provider who has relevant knowledge regarding the youth shall verify that the youth is living in foster care for purposes of this section. A certificate issued pursuant to this section shall not contain a stamp indicating that the certified record is for government use only.
103578. Each local registrar or county recorder shall, without a fee, issue a certified record of live birth to any person who demonstrates that he or she is a youth living in foster care, as defined in subdivision (f) of Section 11400 of the Welfare and Institutions Code. A county social services provider who has relevant knowledge regarding the youth shall verify that the youth is living in foster care for purposes of this section. A certificate issued pursuant to this section shall not contain a stamp indicating that the certified record is for government use only.
SEC. 2. To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
SEC. 2. To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
SEC. 2. To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
### SEC. 2.
(a)A batterers program that has been approved by a probation department pursuant to Section 1203.097 of the Penal Code shall make its services available to a person who voluntarily applies for enrollment in the batterers program, subject to any other law and the enrollment criteria of the batterers program, without requiring that the person be referred to the batterers program by a court or probation department or be the subject of any criminal, civil, or juvenile proceedings.
(b)The probation department is not required to verify the batterers programs compliance with subdivision (a) for purposes of the probation departments approval process under Section 1203.097 of the Penal Code.
(c)This section does not affect the requirements described in Section 1203.097 of the Penal Code for purposes of a person participating in a batterers program as a term of probation pursuant to Section 1203.097 of the Penal Code, and does not affect the requirements described in Section 6343 for purposes of a person subject to a protective order and participating in a batterers program pursuant to Section 6343.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.