California 2021 2021-2022 Regular Session

California Assembly Bill AB317 Introduced / Bill

Filed 01/26/2021

                    CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 317Introduced by Assembly Member PattersonJanuary 26, 2021 An act to amend Section 16162 of the Welfare and Institutions Code, relating to foster care. LEGISLATIVE COUNSEL'S DIGESTAB 317, as introduced, Patterson. Foster care.Existing law requires the Office of the State Foster Care Ombudsperson to be established in the State Department of Social Services with prescribed powers and duties relating to the management of foster children, including the dissemination of information on the rights of children and youth in foster care. Existing law requires the Director of Social Services, in consultation with a committee of interested individuals chosen by the director, to appoint the ombudsperson for a term of 4 years.This bill would instead require the Secretary of California Health and Human Services to appoint the ombudsperson. The bill would also require the ombudsperson, in the performance of the duties and for the duration of the appointment, to be independent and would prohibit the ombudsperson, in exercising discretion, from being directly or indirectly controlled, supervised, or directed by the secretary.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 16162 of the Welfare and Institutions Code is amended to read:16162. The director, (a) The Secretary of California Health and Human Services, in consultation with a committee of interested individuals, individuals that are described in this subdivision, and after obtaining the committees input, shall appoint an ombudsperson who is qualified by training and experience to perform the duties of the office for a term of four years. The director secretary may reappoint the ombudsperson for consecutive terms. The director secretary shall select the committee members, the majority of whom shall be representatives of childrens advocacy organizations and current or former foster youth.(b) The ombudsperson appointed pursuant to subdivision (a), in the performance of the duties and for the duration of the appointment, shall be independent and, in exercising discretion, shall not be directly or indirectly controlled, supervised, or directed by the director.

 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 317Introduced by Assembly Member PattersonJanuary 26, 2021 An act to amend Section 16162 of the Welfare and Institutions Code, relating to foster care. LEGISLATIVE COUNSEL'S DIGESTAB 317, as introduced, Patterson. Foster care.Existing law requires the Office of the State Foster Care Ombudsperson to be established in the State Department of Social Services with prescribed powers and duties relating to the management of foster children, including the dissemination of information on the rights of children and youth in foster care. Existing law requires the Director of Social Services, in consultation with a committee of interested individuals chosen by the director, to appoint the ombudsperson for a term of 4 years.This bill would instead require the Secretary of California Health and Human Services to appoint the ombudsperson. The bill would also require the ombudsperson, in the performance of the duties and for the duration of the appointment, to be independent and would prohibit the ombudsperson, in exercising discretion, from being directly or indirectly controlled, supervised, or directed by the secretary.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 





 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION

 Assembly Bill 

No. 317

Introduced by Assembly Member PattersonJanuary 26, 2021

Introduced by Assembly Member Patterson
January 26, 2021

 An act to amend Section 16162 of the Welfare and Institutions Code, relating to foster care. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 317, as introduced, Patterson. Foster care.

Existing law requires the Office of the State Foster Care Ombudsperson to be established in the State Department of Social Services with prescribed powers and duties relating to the management of foster children, including the dissemination of information on the rights of children and youth in foster care. Existing law requires the Director of Social Services, in consultation with a committee of interested individuals chosen by the director, to appoint the ombudsperson for a term of 4 years.This bill would instead require the Secretary of California Health and Human Services to appoint the ombudsperson. The bill would also require the ombudsperson, in the performance of the duties and for the duration of the appointment, to be independent and would prohibit the ombudsperson, in exercising discretion, from being directly or indirectly controlled, supervised, or directed by the secretary.

Existing law requires the Office of the State Foster Care Ombudsperson to be established in the State Department of Social Services with prescribed powers and duties relating to the management of foster children, including the dissemination of information on the rights of children and youth in foster care. Existing law requires the Director of Social Services, in consultation with a committee of interested individuals chosen by the director, to appoint the ombudsperson for a term of 4 years.

This bill would instead require the Secretary of California Health and Human Services to appoint the ombudsperson. The bill would also require the ombudsperson, in the performance of the duties and for the duration of the appointment, to be independent and would prohibit the ombudsperson, in exercising discretion, from being directly or indirectly controlled, supervised, or directed by the secretary.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 16162 of the Welfare and Institutions Code is amended to read:16162. The director, (a) The Secretary of California Health and Human Services, in consultation with a committee of interested individuals, individuals that are described in this subdivision, and after obtaining the committees input, shall appoint an ombudsperson who is qualified by training and experience to perform the duties of the office for a term of four years. The director secretary may reappoint the ombudsperson for consecutive terms. The director secretary shall select the committee members, the majority of whom shall be representatives of childrens advocacy organizations and current or former foster youth.(b) The ombudsperson appointed pursuant to subdivision (a), in the performance of the duties and for the duration of the appointment, shall be independent and, in exercising discretion, shall not be directly or indirectly controlled, supervised, or directed by the director.

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 16162 of the Welfare and Institutions Code is amended to read:16162. The director, (a) The Secretary of California Health and Human Services, in consultation with a committee of interested individuals, individuals that are described in this subdivision, and after obtaining the committees input, shall appoint an ombudsperson who is qualified by training and experience to perform the duties of the office for a term of four years. The director secretary may reappoint the ombudsperson for consecutive terms. The director secretary shall select the committee members, the majority of whom shall be representatives of childrens advocacy organizations and current or former foster youth.(b) The ombudsperson appointed pursuant to subdivision (a), in the performance of the duties and for the duration of the appointment, shall be independent and, in exercising discretion, shall not be directly or indirectly controlled, supervised, or directed by the director.

SECTION 1. Section 16162 of the Welfare and Institutions Code is amended to read:

### SECTION 1.

16162. The director, (a) The Secretary of California Health and Human Services, in consultation with a committee of interested individuals, individuals that are described in this subdivision, and after obtaining the committees input, shall appoint an ombudsperson who is qualified by training and experience to perform the duties of the office for a term of four years. The director secretary may reappoint the ombudsperson for consecutive terms. The director secretary shall select the committee members, the majority of whom shall be representatives of childrens advocacy organizations and current or former foster youth.(b) The ombudsperson appointed pursuant to subdivision (a), in the performance of the duties and for the duration of the appointment, shall be independent and, in exercising discretion, shall not be directly or indirectly controlled, supervised, or directed by the director.

16162. The director, (a) The Secretary of California Health and Human Services, in consultation with a committee of interested individuals, individuals that are described in this subdivision, and after obtaining the committees input, shall appoint an ombudsperson who is qualified by training and experience to perform the duties of the office for a term of four years. The director secretary may reappoint the ombudsperson for consecutive terms. The director secretary shall select the committee members, the majority of whom shall be representatives of childrens advocacy organizations and current or former foster youth.(b) The ombudsperson appointed pursuant to subdivision (a), in the performance of the duties and for the duration of the appointment, shall be independent and, in exercising discretion, shall not be directly or indirectly controlled, supervised, or directed by the director.

16162. The director, (a) The Secretary of California Health and Human Services, in consultation with a committee of interested individuals, individuals that are described in this subdivision, and after obtaining the committees input, shall appoint an ombudsperson who is qualified by training and experience to perform the duties of the office for a term of four years. The director secretary may reappoint the ombudsperson for consecutive terms. The director secretary shall select the committee members, the majority of whom shall be representatives of childrens advocacy organizations and current or former foster youth.(b) The ombudsperson appointed pursuant to subdivision (a), in the performance of the duties and for the duration of the appointment, shall be independent and, in exercising discretion, shall not be directly or indirectly controlled, supervised, or directed by the director.



16162. The director, (a) The Secretary of California Health and Human Services, in consultation with a committee of interested individuals, individuals that are described in this subdivision, and after obtaining the committees input, shall appoint an ombudsperson who is qualified by training and experience to perform the duties of the office for a term of four years. The director secretary may reappoint the ombudsperson for consecutive terms. The director secretary shall select the committee members, the majority of whom shall be representatives of childrens advocacy organizations and current or former foster youth.

(b) The ombudsperson appointed pursuant to subdivision (a), in the performance of the duties and for the duration of the appointment, shall be independent and, in exercising discretion, shall not be directly or indirectly controlled, supervised, or directed by the director.