Bill Text: CA AB1909 | 2011-2012 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Foster children: placement: suspension and expulsion:
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2012-09-30 - Chaptered by Secretary of State - Chapter 849, Statutes of 2012. [AB1909 Detail]
Download: California-2011-AB1909-Amended.html
Bill Title: Foster children: placement: suspension and expulsion:
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2012-09-30 - Chaptered by Secretary of State - Chapter 849, Statutes of 2012. [AB1909 Detail]
Download: California-2011-AB1909-Amended.html
BILL NUMBER: AB 1909 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 24, 2012
AMENDED IN SENATE JULY 6, 2012
AMENDED IN SENATE JUNE 13, 2012
AMENDED IN ASSEMBLY MAY 16, 2012
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Members Ammiano and Brownley
(Coauthors: Assembly Members Chesbro and Wieckowski)
(Coauthor: Senator Vargas)
FEBRUARY 22, 2012
An act to amend Sections 48853.5, 48911, and 48915.5 of, and to
add Section 48918.1 to, the Education Code, and to amend Sections 317
, and 16010 , and 16010.5
of the Welfare and Institutions Code, relating to foster
children.
LEGISLATIVE COUNSEL'S DIGEST
AB 1909, as amended, Ammiano. Foster children: placement:
suspension and expulsion: notifications.
(1) Existing law requires each local educational agency to
designate a staff person as the educational liaison for foster
children, as defined. Existing law requires the educational liaison
to ensure and facilitate the proper educational placement, enrollment
in school, and checkout from school of foster children, and to
assist foster children when transferring from one school to another
school or from one school district to another school district in
ensuring the proper transfer of credits, records, and grades.
This bill would require the educational liaison, if designated by
the superintendent of the local educational agency, to notify the
foster child's attorney and the appropriate representative of the
county child welfare agency of pending expulsion proceedings if
the decision to recommend expulsion is a discretionary act ,
pending proceedings to extend a suspension until an expulsion
decision is rendered if the decision to recommend expulsion is a
discretionary act , and, if the foster child is an individual
with exceptional needs, pending manifestation determinations ,
as specified .
This bill would authorize the foster child's caregiver or other
person holding the right to make educational decisions for the child
to provide the contact information of the child's attorney to the
child's school district when the child has been placed outside of the
county of jurisdiction for the child.
(2) Existing law authorizes the district superintendent of schools
, or other person designated by the district
superintendent of schools in writing , to extend
the suspension of a pupil until the governing board of the school
district has rendered a decision in a case where expulsion from any
school or suspension from the balance of the semester from
continuation school is being processed by the governing board of the
school district. Existing law requires that before such an extension
is granted that the district superintendent of schools or the
district superintendent's designee determine, following a meeting in
which the pupil and the pupil's parent or guardian are invited to
participate, that the presence of the pupil at the school or in an
alternative school placement would cause a danger to persons or
property or a threat of disrupting the instructional process.
This bill would require, if the pupil is a foster child, as
defined, the district superintendent of schools or the district
superintendent's designee to invite the pupil's attorney and the
appropriate representative of the county child welfare agency to that
meeting.
(3) Existing law authorizes the suspension or expulsion of an
individual with exceptional needs in accordance with specified
provisions.
This bill would require, if the individual with exceptional needs
is a foster child, as defined, and the local educational agency
has proposed a change of placement due to an act for which a decision
to recommend expulsion is at the discretion of the principal or the
district superintendent of schools, the attorney for the
individual with exceptional needs and the appropriate representative
of the county child welfare agency to be invited to participate in
the individualized education program team meeting that makes a
manifestation determination. The bill would authorize that
invitation to be made using the most cost-effective method possible.
(4) Existing law requires the governing board of each school
district to establish rules and regulations governing procedures for
the expulsion of pupils and requires these procedures to include, but
not necessarily be limited to, a hearing to determine whether the
pupil should be expelled, and a written notice of the hearing
forwarded to the pupil at least 10 calendar days prior to the date of
the hearing.
This bill would require, if the decision to recommend expulsion is
a discretionary act and the pupil is a foster child, as defined, the
governing board of the school district also to provide notice of the
hearing to the pupil's attorney and an appropriate representative of
the county child welfare agency at least 10 calendar days before the
date of the hearing. The bill would authorize, if a recommendation
of expulsion is required and the pupil is a foster child, the
governing board of the school district also to provide the notice of
the hearing to the pupil's attorney and an appropriate representative
of the county child welfare agency at least 10 calendar days before
the date of the hearing. The bill would authorize these notices
to be made using the most cost-effective method possible.
(5) Existing law requires a juvenile court to hold a detention
hearing to determine whether a minor should be further detained when
a minor has been taken into custody pursuant to specified provisions.
Existing law also requires a court to appoint counsel for the child
if the child is not represented by counsel, unless the court finds
that the child would not benefit from the appointment of counsel.
Existing law requires counsel appointed for the child to be charged
in general with the representation of the child's interests.
This bill would, at least once every year and if the list of
educational liaisons is available on the Internet Web site of the
State Department of Education, (A) require counsel appointed for the
child to provide his or her contact information to the educational
liaison of each local educational agency serving counsel's foster
child clients in the county of jurisdiction, and (B)
encourage counsel to provide his or her contact information to each
local educational agency serving counsel's foster child clients in
counties other than the county of jurisdiction. The bill would,
if counsel is part of a firm or organization, authorize the
firm or organization to provide its contact information in lieu of
contact information for the individual counsel. The bill would
authorize the child's caregiver or other person holding the right to
make educational decisions for the child to provide the contact
information of the child's attorney to the child's local educational
agency.
(6) Existing law requires, when a child is placed in foster care,
the case plan for each child to include a summary of the health and
education information or records of the child. Existing law requires
the health and education summary to include, but not be limited to,
among other things, the names and addresses of the child's health,
dental, and education providers.
This bill would authorize the health and education summary also to
include the name and address of contact
information for the educational liaison of the child's local
educational agency.
(7) This bill would also make various nonsubstantive changes to
the above provisions.
(8) This bill would incorporate additional changes in Section
48853.5 of the Education Code, proposed by SB 1568, to be operative
only if SB 1568 and this bill are both chaptered and become effective
January 1, 2013, and this bill is chaptered last.
(9) This bill would incorporate additional changes in Sections 317
and 16010 of the Welfare and Institutions Code, proposed by AB 1712,
to be operative only if AB 1712 and this bill are both chaptered and
become effective January 1, 2013, and this bill is chaptered last.
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. It is the intent of the Legislature that, for purposes
of implementing this act, the notification of, and invitation to, a
parent or guardian for meetings and hearings related to the
discipline of the pupil also be provided to a person who holds the
right to make educational decisions for a foster child pursuant to
Section 361 or 726 of the Welfare and Institutions Code if the
rights right to make educational
decisions by the parent or guardian have has
been limited or terminated.
SEC. 2. Section 48853.5 of the Education Code is amended to read:
48853.5. (a) This section applies to a child who has been removed
from his or her home pursuant to Section 309 of the Welfare and
Institutions Code, is the subject of a petition filed under Section
300 or 602 of the Welfare and Institutions Code, or has been removed
from his or her home and is the subject of a petition filed under
Section 300 or 602 of the Welfare and Institutions Code (hereafter
"foster child").
(b) Each local educational agency shall designate a staff person
as the educational liaison for foster children. In a school district
that operates a foster children services program pursuant to Chapter
11.3 (commencing with Section 42920) of Part 24 of Division 3
, the educational liaison shall be affiliated with the local
foster children services program. The educational liaison shall do
all of the following:
(1) Ensure and facilitate the proper educational placement,
enrollment in school, and checkout from school of foster children.
(2) Assist foster children when transferring from one school to
another school or from one school district to another school district
in ensuring proper transfer of credits, records, and grades.
(c) If so designated by the superintendent of the local
educational agency, the educational liaison shall notify a foster
child's attorney and the appropriate representative of the county
child welfare agency , of pending expulsion
proceedings if the decision to recommend expulsion is a
discretionary act , pending proceedings to extend a suspension
until an expulsion decision is rendered if the decision to
recommend expulsion is a discretionary act , and, if the foster
child is an individual with exceptional needs, pending manifestation
determinations pursuant to Section 1415(k) of Title 20 of the United
States Code if the local educational agency has proposed a
change in placement due to an act for which the decision to recommend
expulsion is at the discretion of the principal or the district
superintendent of schools .
(d) This section does not grant authority to the educational
liaison that supersedes the authority granted under state and federal
law to a parent or guardian retaining educational rights, a
responsible adult appointed by the court to represent the child
pursuant to Section 361 or 726 of the Welfare and Institutions Code,
a surrogate parent, or a foster parent exercising the authority
granted under Section 56055. The role of the educational liaison is
advisory with respect to placement decisions and determination of
school of origin.
(e) (1) At the initial detention or placement, or any subsequent
change in placement of a foster child, the local educational agency
serving the foster child shall allow the foster child to continue his
or her education in the school of origin for the duration of the
jurisdiction of the court.
(2) If the jurisdiction of the court is terminated before the end
of an academic year, the foster child shall be allowed to continue
his or her education in the school of origin through the duration of
the academic school year.
(3) To ensure that the foster child has the benefit of
matriculating with his or her peers in accordance with the
established feeder patterns of school districts, if the foster child
is transitioning between school grade levels, the local educational
agency shall allow the foster child to continue in the school
district of origin in the same attendance area, or, if the foster
child is transitioning to a middle school or high school, and the
school designated for matriculation is in another school district, to
the school designated for matriculation in that school district.
(4) Paragraphs (2) and (3) shall not be construed to require a
school district to provide transportation services to allow a foster
child to attend a school or school district, unless otherwise
required under federal law, nor shall this paragraph be construed to
prohibit a school district from, at its discretion, providing
transportation services to allow a foster child to attend a school or
school district.
(5) The educational liaison, in consultation with, and with the
agreement of, the foster child and the person holding the right to
make educational decisions for the foster child, may, in accordance
with the foster child's best interests, recommend that the foster
child's right to attend the school of origin be waived and the foster
child be enrolled in a public school that pupils living in the
attendance area in which the foster child resides are eligible to
attend.
(6) Before making a recommendation to move a foster child from his
or her school of origin, the educational liaison shall provide the
foster child and the person holding the right to make educational
decisions for the foster child with a written explanation stating the
basis for the recommendation and how this
the recommendation serves the foster child's best interest.
(7) (A) If the educational liaison, in consultation with the
foster child and the person holding the right to make educational
decisions for the foster child, agrees that the best interests of the
foster child would best be served by his or her transfer to a school
other than the school of origin, the foster child shall immediately
be enrolled in the new school.
(B) The new school shall immediately enroll the foster child even
if the foster child has outstanding fees, fines, textbooks, or other
items or moneys due to the school last attended or is unable to
produce clothing or records normally required for enrollment, such as
previous academic records and ,
medical records, including, but not limited to, records or other
proof of immunization history pursuant to Chapter 1 (commencing with
Section 120325) of Part 2 of Division 105 of the Health and Safety
Code, proof of residency, other documentation, or school uniforms.
(C) The educational liaison for the new school shall, within two
business days of the foster child's request for enrollment, contact
the school last attended by the foster child to obtain all academic
and other records. All required records shall be provided to the new
school regardless of any outstanding fees, fines, textbooks, or other
items or moneys owed to the school last attended. The educational
liaison for the school last attended shall provide all records to the
new school within two business days of receiving the request.
(8) If a dispute arises regarding the request of a foster child to
remain in the school of origin, the foster child has the right to
remain in the school of origin pending resolution of the dispute. The
dispute shall be resolved in accordance with the existing dispute
resolution process available to a pupil served by the local
educational agency.
(9) The local educational agency and the county placing agency are
encouraged to collaborate to ensure maximum use of available federal
moneys, explore public-private partnerships, and access any other
funding sources to promote the well-being of foster children through
educational stability.
(10) It is the intent of the Legislature that this subdivision
shall not supersede or exceed other laws governing special education
services for eligible foster children.
(f) For purposes of this section, "school of origin" means the
school that the foster child attended when permanently housed or the
school in which the foster child was last enrolled. If the school the
foster child attended when permanently housed is different from the
school in which the foster child was last enrolled, or if there is
some other school that the foster child attended with which the
foster child is connected and that the foster child attended within
the immediately preceding 15 months, the educational liaison, in
consultation with, and with the agreement of, the foster child and
the person holding the right to make educational decisions for the
foster child, shall determine, in the best interests of the foster
child, the school that shall be deemed the school of origin.
(g) This section does not supersede other law governing the
educational placements in juvenile court schools, as described in
Section 48645.1, by the juvenile court under Section 602 of the
Welfare and Institutions Code.
SEC. 2.5. Section 48853.5 of the
Education Code is amended to read:
48853.5. (a) This section applies to a foster child. "Foster
child" means a child who has been removed from his or her home
pursuant to Section 309 of the Welfare and Institutions Code, is the
subject of a petition filed under Section 300 or 602 of the Welfare
and Institutions Code, or has been removed from his or her home and
is the subject of a petition filed under Section 300 or 602 of the
Welfare and Institutions Code (hereafter "foster child")
.
(b) Each local educational agency shall designate a staff person
as the educational liaison for foster children. In a school district
that operates a foster children services program pursuant to Chapter
11.3 (commencing with Section 42920) of Part 24 of Division 3
, the educational liaison shall be affiliated with the local
foster children services program. The educational liaison
shall do all of the following:
(1) Ensure and facilitate the proper educational placement,
enrollment in school, and checkout from school of foster children.
(2) Assist foster children when transferring from one school to
another school or from one school district to another
school district in ensuring proper transfer of credits,
records, and grades.
(c) If so designated by the superintendent of the local
educational agency, the educational liaison shall notify a foster
child's attorney and the appropriate representative of the county
child welfare agency of pending expulsion proceedings if the decision
to recommend expulsion is a discretionary act, pending proceedings
to extend a suspension until an expulsion decision is rendered if the
decision to recommend expulsion is a discretionary act, and, if the
foster child is an individual with exceptional needs, pending
manifestation determinations pursuant to Section 1415(k) of Title 20
of the United States Code if the local educational agency has
proposed a change in placement due to an act for which the decision
to recommend expulsion is at the discretion of the principal or the
district superintendent of schools.
(c)
(d) This section does not grant authority to the
educational liaison that supersedes the authority granted under state
and federal law to a parent or legal guardian retaining
educational rights, a responsible adult appointed by the court to
represent the child pursuant to Section 361 or 726 of the Welfare and
Institutions Code, a surrogate parent, or a foster parent exercising
the authority granted under Section 56055. The role of the
educational liaison is advisory with respect to placement decisions
and determination of school of origin.
(d)
(e) (1) At the initial detention or placement, or any
subsequent change in placement of a foster child, the local
educational agency serving the foster child shall allow the foster
child to continue his or her education in the school of origin for
the duration of the jurisdiction of the court.
(2) If the jurisdiction of the court is terminated prior
to before the end of an academic year, the
foster child shall be allowed local
educational agency shall allow a former foster child who is in
kindergarten or any of grades 1 to 8, inclusive, to continue
his or her education in the school of origin through the duration of
the academic school year.
(3) (A) If the jurisdiction of the court is terminated while a
foster child is in high school, the local educational agency shall
allow the former foster child to continue his or her education in the
school of origin through graduation.
(B) For purposes of this paragraph, a school district is not
required to provide transportation to a former foster child who has
an individualized education program that does not require
transportation as a related service and who changes residence but
remains in his or her school of origin pursuant to this paragraph,
unless the individualized education program team determines that
transportation is a necessary related service.
(3)
(4) To ensure that the foster child has the benefit of
matriculating with his or her peers in accordance with the
established feeder patterns of school districts, if the foster child
is transitioning between school grade levels, the local educational
agency shall allow the foster child to continue in the school
district of origin in the same attendance area, or, if the foster
child is transitioning to a middle school or high school, and the
school designated for matriculation is in another school district, to
the school designated for matriculation in that school district.
(4)
(5) Paragraphs (2) and (3) shall not be
construed to (2), (3), and (4) do not require a
school district to provide transportation services to allow a foster
child to attend a school or school district, unless otherwise
required under federal law , nor shall this paragraph be
construed to . This paragraph does not prohibit a
school district from, at its discretion, providing transportation
services to allow a foster child to attend a school or school
district.
(5)
(6) The educational liaison, in consultation
with , and with the agreement of , the foster
child and the person holding the right to make educational decisions
for the foster child, may recommend , in accordance with
the foster child's best interests, recommend that
the foster child's right to attend the school of origin be waived and
the foster child be enrolled in any a
public school that pupils living in the attendance area in which the
foster child resides are eligible to attend.
(6) Prior to
(7) Before making any
a recommendation to move a foster child from his
or her school of origin, the educational liaison shall
provide the foster child and the person holding the right to make
educational decisions for the foster child with a written explanation
stating the basis for the recommendation and how this
the recommendation serves the foster child's
best interest.
(7)
(8) (A) If the educational liaison ,
in consultation with the foster child and the person holding
the right to make educational decisions for the foster child
agree , agrees that the best interests of the
foster child would best be served by his or her transfer to a school
other than the school of origin, the foster child shall immediately
be enrolled in the new school.
(B) The new school shall immediately enroll the foster child even
if the foster child has outstanding fees, fines, textbooks, or other
items or moneys due to the school last attended or is unable to
produce clothing or records normally required for enrollment, such as
previous academic records, medical records, including, but not
limited to, records or other proof of immunization history pursuant
to Chapter 1 (commencing with Section 120325) of Part 2 of Division
105 of the Health and Safety Code, proof of residency, other
documentation, or school uniforms.
(C) The liaison for the new school shall, within
Within two business days of the foster child's
request for enrollment, the educational liaison for the new
school shall contact the school last attended by the foster
child to obtain all academic and other records. All required
records shall be provided The last school attended by
the foster child shall provide all required records to the new
school regardless of any outstanding fees, fines, textbooks, or other
items or moneys owed to the school last attended. The
school educational liaison for the school last
attended shall provide all records to the new school within two
business days of receiving the request.
(8)
(9) If a dispute arises regarding the request of a
foster child to remain in the school of origin, the foster child has
the right to remain in the school of origin pending resolution of the
dispute. The dispute shall be resolved in accordance with the
existing dispute resolution process available to any
a pupil served by the local educational agency.
(9)
(10) The local educational agency and the county
placing agency are encouraged to collaborate to ensure maximum
utilization use of available federal
moneys, explore public-private partnerships, and access any other
funding sources to promote the well-being of foster children through
educational stability.
(10)
(11) It is the intent of the Legislature that this
subdivision shall not supersede or exceed other laws governing
special education services for eligible foster children.
(e)
(f) For purposes of this section, "school of origin"
means the school that the foster child attended when permanently
housed or the school in which the foster child was last enrolled. If
the school the foster child attended when permanently housed is
different from the school in which the foster child was last
enrolled, or if there is some other school that the foster child
attended with which the foster child is connected and that the foster
child attended within the immediately preceding 15 months, the
educational liaison, in consultation with , and with
the agreement of , the foster child and the person
holding the right to make educational decisions for the foster child,
shall determine, in the best interests of the foster child, the
school that shall be deemed the school of origin.
(f)
(g) This section does not supersede other law governing
the educational placements in juvenile court schools, as described
in Section 48645.1, by the juvenile court under Section 602 of the
Welfare and Institutions Code.
SEC. 3. Section 48911 of the Education Code is amended to read:
48911. (a) The principal of the school, the principal's designee,
or the district superintendent of schools may suspend a pupil from
the school for any of the reasons enumerated in Section 48900, and
pursuant to Section 48900.5, for no more than five consecutive
schooldays.
(b) Suspension by the principal, the principal's designee, or the
district superintendent of schools shall be preceded by an informal
conference conducted by the principal, the principal's designee, or
the district superintendent of schools between the pupil and,
whenever practicable, the teacher, supervisor, or school employee who
referred the pupil to the principal, the principal's designee, or
the district superintendent of schools. At the conference, the pupil
shall be informed of the reason for the disciplinary action and the
evidence against him or her and shall be given the opportunity to
present his or her version and evidence in his or her defense.
(c) A principal, the principal's designee, or the district
superintendent of schools may suspend a pupil without affording the
pupil an opportunity for a conference only if the principal, the
principal's designee, or the district superintendent of schools
determines that an emergency situation exists. "Emergency situation,"
as used in this article, means a situation determined by the
principal, the principal's designee, or the district superintendent
of schools to constitute a clear and present danger to the life,
safety, or health of pupils or school personnel. If a pupil is
suspended without a conference before suspension, both the parent and
the pupil shall be notified of the pupil's right to a conference and
the pupil's right to return to school for the purpose of a
conference. The conference shall be held within two schooldays,
unless the pupil waives this right or is physically unable to attend
for any reason, including, but not limited to, incarceration or
hospitalization. The conference shall then be held as soon as the
pupil is physically able to return to school for the conference.
(d) At the time of suspension, a school employee shall make a
reasonable effort to contact the pupil's parent or guardian in person
or by telephone. If a pupil is suspended from school, the parent or
guardian shall be notified in writing of the suspension.
(e) A school employee shall report the suspension of the pupil,
including the cause for the suspension, to the governing board of the
school district or to the district superintendent of schools in
accordance with the regulations of the governing board of the school
district.
(f) The parent or guardian of a pupil shall respond without delay
to a request from school officials to attend a conference regarding
his or her child's behavior.
No penalties shall be imposed on a pupil for failure of the pupil'
s parent or guardian to attend a conference with school officials.
Reinstatement of the suspended pupil shall not be contingent upon
attendance by the pupil's parent or guardian at the conference.
(g) In a case where expulsion from a school or suspension for the
balance of the semester from continuation school is being processed
by the governing board of the school district, the district
superintendent of schools, or other person designated by the district
superintendent of schools in writing, may extend the suspension
until the governing board of the school district has rendered a
decision in the action. However, an extension may be granted only if
the district superintendent of schools or the district superintendent'
s designee has determined, following a meeting in which the pupil and
the pupil's parent or guardian are invited to participate, that the
presence of the pupil at the school or in an alternative school
placement would cause a danger to persons or property or a threat of
disrupting the instructional process. If the pupil is a foster child,
as defined in Section 48853.5, the district superintendent of
schools or the district superintendent's designee, including, but not
limited to, the educational liaison for the school district, shall
also invite the pupil's attorney and an appropriate representative of
the county child welfare agency to participate in the meeting. If
the pupil or the pupil's parent or guardian has requested a meeting
to challenge the original suspension pursuant to Section 48914, the
purpose of the meeting shall be to decide upon the extension of the
suspension order under this section and may be held in conjunction
with the initial meeting on the merits of the suspension.
(h) For purposes of this section, a "principal's designee" is one
or more administrators at the schoolsite specifically designated by
the principal, in writing, to assist with disciplinary procedures.
In the event that there is not an administrator in addition to the
principal at the schoolsite, a certificated person at the schoolsite
may be specifically designated by the principal, in writing, as a
"principal's designee," to assist with disciplinary procedures. The
principal may designate only one person at a time as the principal's
primary designee for the school year.
An additional person meeting the requirements of this subdivision
may be designated by the principal, in writing, to act for purposes
of this article when both the principal and the principal's primary
designee are absent from the schoolsite. The name of the person, and
the names of any person or persons designated as "principal's
designee," shall be on file in the principal's office.
This section is not an exception to, nor does it place any
limitation on, Section 48903.
SEC. 4. Section 48915.5 of the Education Code is amended to read:
48915.5. (a) An individual with exceptional needs, as defined in
Section 56026, may be suspended or expelled from school in accordance
with Section 1415(k) of Title 20 of the United States Code, the
discipline provisions contained in Sections 300.530 to 300.537,
inclusive, of Title 34 of the Code of Federal Regulations, and other
provisions of this part that do not conflict with federal law and
regulations.
(b) A free appropriate public education for individuals with
exceptional needs suspended or expelled from school shall be in
accordance with Section 1412(a)(1) of Title 20 of the United States
Code and Section 300.530(d) of Title 34 of the Code of Federal
Regulations.
(c) If an individual with exceptional needs is excluded from
schoolbus transportation, the pupil is entitled to be provided with
an alternative form of transportation at no cost to the pupil or
parent or guardian provided that transportation is specified in the
pupil's individualized education program.
(d) If the individual with exceptional needs is a foster child, as
defined in Section 48853.5, and the local educational agency
has proposed a change of placement due to an act for which a decision
to recommend expulsion is at the discretion of the principal or the
district superintendent of schools, the attorney for the
individual with exceptional needs and an appropriate representative
of the county child welfare agency shall be invited to participate in
the individualized education program team meeting that makes a
manifestation determination pursuant to Section 1415(k) of Title 20
of the United States Code. The invitation may be made using the
most cost-effective method possible, which may include, but is not
limited to, e lectronic mail or a telephone call.
SEC. 5. Section 48918.1 is added to the Education Code, to read:
48918.1. (a) If the decision to recommend expulsion is a
discretionary act and the pupil is a foster child, as defined in
Section 48853.5, the governing board of the school district shall
provide written notice of the expulsion hearing to
the pupil's attorney and an appropriate representative of the county
child welfare agency at
least 10 calendar days before the date of the hearing. The
notice may be made using the most cost-effective method possible,
which may include, but is not limited to, electronic mail or a
telephone call.
(b) If a recommendation of expulsion is required and the pupil is
a foster child, as defined in Section 48853.5, the governing board of
the school district may provide written notice of
the expulsion hearing to the pupil's attorney and an appropriate
representative of the county child welfare agency at least 10
calendar days before the date of the hearing. The notice may be
made using the most cost-effective method possible, which may
include, but is not limited to, electronic mail or a telephone call.
SEC. 6. Section 317 of the Welfare and Institutions Code is
amended to read:
317. (a) (1) When it appears to the court that a parent or
guardian of the child desires counsel but is presently financially
unable to afford and cannot for that reason employ counsel, the court
may appoint counsel as provided in this section.
(2) When it appears to the court that a parent or Indian custodian
in an Indian child custody proceeding desires counsel but is
presently unable to afford and cannot for that reason employ counsel,
the provisions of Section 1912(b) of Title 25 of the United States
Code and Section 23.13 of Title 25 of the Code of Federal Regulations
shall apply.
(b) When it appears to the court that a parent or guardian of the
child is presently financially unable to afford and cannot for that
reason employ counsel, and the child has been placed in out-of-home
care, or the petitioning agency is recommending that the child be
placed in out-of-home care, the court shall appoint counsel for the
parent or guardian, unless the court finds that the parent or
guardian has made a knowing and intelligent waiver of counsel as
provided in this section.
(c) If a child is not represented by counsel, the court shall
appoint counsel for the child, unless the court finds that the child
would not benefit from the appointment of counsel. The court shall
state on the record its reasons for that finding. A primary
responsibility of counsel appointed to represent a child pursuant to
this section shall be to advocate for the protection, safety, and
physical and emotional well-being of the child. Counsel may be a
district attorney, public defender, or other member of the bar,
provided that he or she does not represent another party or county
agency whose interests conflict with the child's interests. The fact
that the district attorney represents the child in a proceeding
pursuant to Section 300 as well as conducts a criminal investigation
or files a criminal complaint or information arising from the same or
reasonably related set of facts as the proceeding pursuant to
Section 300 is not in and of itself a conflict of interest. The court
may fix the compensation for the services of appointed counsel. The
appointed counsel shall have a caseload and training that ensures
adequate representation of the child. The Judicial Council shall
promulgate rules of court that establish caseload standards, training
requirements, and guidelines for appointed counsel for children and
shall adopt rules as required by Section 326.5 no later than July 1,
2001.
(d) Counsel shall represent the parent, guardian, or child at the
detention hearing and at all subsequent proceedings before the
juvenile court. Counsel shall continue to represent the parent,
guardian, or child unless relieved by the court upon the substitution
of other counsel or for cause. The representation shall include
representing the parent, guardian, or the child in termination
proceedings and in those proceedings relating to the institution or
setting aside of a legal guardianship. On and after January 1, 2012,
in the case of a nonminor dependent, as described in subdivision (v)
of Section 11400, no representation by counsel shall be provided for
a parent.
(e) (1) Counsel shall be charged in general with the
representation of the child's interests. To that end, counsel shall
make or cause to have made any further investigations that he or she
deems in good faith to be reasonably necessary to ascertain the
facts, including the interviewing of witnesses, and shall examine and
cross-examine witnesses in both the adjudicatory and dispositional
hearings. Counsel may also introduce and examine his or her own
witnesses, make recommendations to the court concerning the child's
welfare, and participate further in the proceedings to the degree
necessary to adequately represent the child.
(2) If the child is four years of age or older, counsel shall
interview the child to determine the child's wishes and assess the
child's well-being, and shall advise the court of the child's wishes.
Counsel shall not advocate for the return of the child if, to the
best of his or her knowledge, return of the child conflicts with the
protection and safety of the child.
(3) Counsel shall investigate the interests of the child beyond
the scope of the juvenile proceeding, and report to the court other
interests of the child that may need to be protected by the
institution of other administrative or judicial proceedings. Counsel
representing a child in a dependency proceeding is not required to
assume the responsibilities of a social worker, and is not expected
to provide nonlegal services to the child.
(4) (A) At least once every year, if the list of educational
liaisons is available on the Internet Web site for the State
Department of Education counsel Education,
both of the following shall apply:
(i) Counsel shall provide his or
her contact information to the educational liaison, as described in
subdivision (b) of Section 48853.5 of the Education Code, of each
local educational agency serving counsel's foster child clients in
the county of jurisdiction.
(ii) If counsel is part of a firm or organization representing
foster children, the firm or organization may provide its contact
information in lieu of contact information for the individual
counsel. The firm or organization may designate a person or persons
within the firm or organization to receive communications from
educational liaisons.
(B) If counsel is part of a firm or organization representing
foster children, the firm or organization may provide its contact
information in lieu of contact information for the individual
counsel. The firm or organization may designate a person or persons
within the firm or organization to receive communications from
educational liaisons.
(B) The child's caregiver or other person holding the right to
make educational decisions for the child may provide the contact
information of the child's attorney to the child's local educational
agency.
(C) Counsel for the child and counsel's agent may, but are not
required to, disclose to an individual who is being assessed for the
possibility of placement pursuant to Section 361.3 the fact that the
child is in custody, the alleged reasons that the child is in
custody, and the projected likely date for the child's return home,
placement for adoption, or legal guardianship. Nothing in this
paragraph shall be construed to prohibit counsel from making other
disclosures pursuant to this subdivision, as appropriate.
(5) Nothing in this subdivision shall be construed to permit
counsel to violate a child's attorney-client privilege.
(6) The changes made to this subdivision during the 2011-12
Regular Session of the Legislature by the act adding subparagraph (C)
of paragraph (4) and paragraph (5) are declaratory of existing law.
(7) The court shall take whatever appropriate action is necessary
to fully protect the interests of the child.
(f) Either the child or counsel for the child, with the informed
consent of the child if the child is found by the court to be of
sufficient age and maturity to consent, which shall be presumed,
subject to rebuttal by clear and convincing evidence, if the child is
over 12 years of age, may invoke the psychotherapist-client
privilege, physician-patient privilege, and clergyman-penitent
privilege. If the child invokes the privilege, counsel may not waive
it, but if counsel invokes the privilege, the child may waive it.
Counsel shall be the holder of these privileges if the child is found
by the court not to be of sufficient age and maturity to consent.
For the sole purpose of fulfilling his or her obligation to provide
legal representation of the child, counsel shall have access to all
records with regard to the child maintained by a health care
facility, as defined in Section 1545 of the Penal Code, health care
providers, as defined in Section 6146 of the Business and Professions
Code, a physician and surgeon or other health practitioner, as
defined in former Section 11165.8 of the Penal Code, as that section
read on January 1, 2000, or a child care custodian, as defined in
former Section 11165.7 of the Penal Code, as that section read on
January 1, 2000. Notwithstanding any other law, counsel shall be
given access to all records relevant to the case that are maintained
by state or local public agencies. All information requested from a
child protective agency regarding a child who is in protective
custody, or from a child's guardian ad litem, shall be provided to
the child's counsel within 30 days of the request.
(g) In a county of the third class, if counsel is to be provided
to a child at the county's expense other than by counsel for the
agency, the court shall first use the services of the public defender
before appointing private counsel. Nothing in this subdivision shall
be construed to require the appointment of the public defender in
any case in which the public defender has a conflict of interest. In
the interest of justice, a court may depart from that portion of the
procedure requiring appointment of the public defender after making a
finding of good cause and stating the reasons therefor on the
record.
(h) In a county of the third class, if counsel is to be appointed
to provide legal counsel for a parent or guardian at the county's
expense, the court shall first use the services of the alternate
public defender before appointing private counsel. Nothing in this
subdivision shall be construed to require the appointment of the
alternate public defender in any case in which the public defender
has a conflict of interest. In the interest of justice, a court may
depart from that portion of the procedure requiring appointment of
the alternate public defender after making a finding of good cause
and stating the reasons therefor on the record.
SEC. 6.5. Section 317 of the Welfare
and Institutions Code is amended to read:
317. (a) (1) When it appears to the court that a parent or
guardian of the child desires counsel but is presently financially
unable to afford and cannot for that reason employ counsel, the court
may appoint counsel as provided in this section.
(2) When it appears to the court that a parent or Indian custodian
in an Indian child custody proceeding desires counsel but is
presently unable to afford and cannot for that reason employ counsel,
the provisions of subsection (b) of Section 1912 of the
federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.)
Section 1912(b) of Title 25 of the United
States Code and Section 23.13 of Title 25 of the Code of
Federal Regulations are applicable shall
apply .
(b) When it appears to the court that a parent or guardian of the
child is presently financially unable to afford and cannot for that
reason employ counsel, and the child has been placed in out-of-home
care, or the petitioning agency is recommending that the child be
placed in out-of-home care, the court shall appoint counsel for the
parent or guardian, unless the court finds that the parent or
guardian has made a knowing and intelligent waiver of counsel as
provided in this section.
(c) If a child or nonminor dependent is not represented
by counsel, the court shall appoint counsel for the child ,
or nonminor dependent, unless the court finds
that the child or nonminor dependent would not benefit
from the appointment of counsel. The court shall state on the record
its reasons for that finding. A primary responsibility of counsel
appointed to represent a child or nonminor dependent
pursuant to this section shall be to advocate for the protection,
safety, and physical and emotional well-being of the child or
nonminor dependent . Counsel may be a district attorney, public
defender, or other member of the bar, provided that he or she does
not represent another party or county agency whose interests conflict
with the child's or nonminor dependent's interests. The
fact that the district attorney represents the child or nonminor
dependent in a proceeding pursuant to Section 300 as well as
conducts a criminal investigation or files a criminal complaint or
information arising from the same or reasonably related set of facts
as the proceeding pursuant to Section 300 is not in and of itself a
conflict of interest. The court may fix the compensation for the
services of appointed counsel. The appointed counsel shall have a
caseload and training that ensures adequate representation of the
child or nonminor dependent . The Judicial Council shall
promulgate rules of court that establish caseload standards, training
requirements, and guidelines for appointed counsel for children and
shall adopt rules as required by Section 326.5 no later than July 1,
2001.
(d) Counsel shall represent the parent, guardian, or
child , or nonminor dependent at the detention
hearing and at all subsequent proceedings before the juvenile court.
Counsel shall continue to represent the parent, guardian, or
child , or nonminor dependent unless
relieved by the court upon the substitution of other counsel or for
cause. The representation shall include representing the parent,
guardian, or the child in termination proceedings and in those
proceedings relating to the institution or setting aside of a legal
guardianship. On and after January 1, 2012, in the case of a nonminor
dependent, as described in subdivision (v) of Section 11400, no
representation by counsel shall be provided for a parent ,
unless the parent is receiving court-ordered family reunification
services .
(e) (1) Counsel shall be charged in general with the
representation of the child's interests. To that end, counsel shall
make or cause to have made any further investigations that he or she
deems in good faith to be reasonably necessary to ascertain the
facts, including the interviewing of witnesses, and shall examine and
cross-examine witnesses in both the adjudicatory and dispositional
hearings. Counsel may also introduce and examine his or her own
witnesses, make recommendations to the court concerning the child's
welfare, and participate further in the proceedings to the degree
necessary to adequately represent the child. When counsel is
appointed to represent a nonminor dependent, counsel is charged with
representing the wishes of the nonminor dependent except when
advocating for those wishes conflicts with the protection or safety
of the nonminor dependent. If the court finds that a nonminor
dependent is not competent to direct counsel, the court shall appoint
a guardian ad litem for the nonminor dependent.
(2) If the child is four years of age or older, counsel shall
interview the child to determine the child's wishes and assess the
child's well-being, and shall advise the court of the child's wishes.
Counsel shall not advocate for the return of the child if, to the
best of his or her knowledge, return of the child conflicts with the
protection and safety of the child.
(3) Counsel shall investigate the interests of the child beyond
the scope of the juvenile proceeding, and report to the court other
interests of the child that may need to be protected by the
institution of other administrative or judicial proceedings. Counsel
representing a child in a dependency proceeding is not required to
assume the responsibilities of a social worker, and is not expected
to provide nonlegal services to the child.
(4) (A) At least once every year, if the list of educational
liaisons is available on the Internet Web site for the State
Department of Education, both of the following shall apply:
(i) Counsel shall provide his or her contact information to the
educational liaison, as described in subdivision (b) of Section
48853.5 of the Education Code, of each local educational agency
serving counsel's foster child clients in the county of jurisdiction.
(ii) If counsel is part of a firm or organization representing
foster children, the firm or organization may provide its contact
information in lieu of contact information for the individual
counsel. The firm or organization may designate a person or persons
within the firm or organization to receive communications from
educational liaisons.
(B) The child's caregiver or other person holding the right to
make educational decisions for the child may provide the contact
information of the child's attorney to the child's local educational
agency.
(4)
(C) Counsel for the child and counsel's agent may, but
are not required to, disclose to an individual who is being assessed
for the possibility of placement pursuant to Section 361.3 the fact
that the child is in custody, the alleged reasons that the child is
in custody, and the projected likely date for the child's return
home, placement for adoption, or legal guardianship. Nothing in this
paragraph shall be construed to prohibit counsel from making other
disclosures pursuant to this subdivision, as appropriate.
(5) Nothing in this subdivision shall be construed to permit
counsel to violate a child's attorney-client privilege.
(6) The changes made to this subdivision during the 2011-12
Regular Session of the Legislature by the act adding
paragraphs subparagraph (C) of paragraph (4) and
paragraph (5) are declaratory of existing law.
(7) The court shall take whatever appropriate action is necessary
to fully protect the interests of the child.
(f) Either the child or counsel for the child, with the informed
consent of the child if the child is found by the court to be of
sufficient age and maturity to consent, which shall be presumed,
subject to rebuttal by clear and convincing evidence, if the child is
over 12 years of age, may invoke the psychotherapist-client
privilege, physician-patient privilege, and clergyman-penitent
privilege. If the child invokes the privilege, counsel may not waive
it, but if counsel invokes the privilege, the child may waive it.
Counsel shall be the holder of these privileges if the child is found
by the court not to be of sufficient age and maturity to consent.
For the sole purpose of fulfilling his or her obligation to provide
legal representation of the child, counsel shall have access to all
records with regard to the child maintained by a health care
facility, as defined in Section 1545 of the Penal Code, health care
providers, as defined in Section 6146 of the Business and Professions
Code, a physician and surgeon or other health practitioner, as
defined in former Section 11165.8 of the Penal Code, as that section
read on January 1, 2000, or a child care custodian, as defined in
former Section 11165.7 of the Penal Code, as that section read on
January 1, 2000. Notwithstanding any other law, counsel shall be
given access to all records relevant to the case that are maintained
by state or local public agencies. All information requested from a
child protective agency regarding a child who is in protective
custody, or from a child's guardian ad litem, shall be provided to
the child's counsel within 30 days of the request.
(g) In a county of the third class, if counsel is to be provided
to a child at the county's expense other than by counsel for the
agency, the court shall first utilize use
the services of the public defender prior to
before appointing private counsel. Nothing in this
subdivision shall be construed to require the appointment of the
public defender in any case in which the public defender has a
conflict of interest. In the interest of justice, a court may depart
from that portion of the procedure requiring appointment of the
public defender after making a finding of good cause and stating the
reasons therefor on the record.
(h) In a county of the third class, if counsel is to be appointed
to provide legal counsel for a parent or guardian at the county's
expense, the court shall first utilize use
the services of the alternate public defender prior to
before appointing private counsel. Nothing in
this subdivision shall be construed to require the appointment of the
alternate public defender in any case in which the public defender
has a conflict of interest. In the interest of justice, a court may
depart from that portion of the procedure requiring appointment of
the alternate public defender after making a finding of good cause
and stating the reasons therefor on the record.
SEC. 7. Section 16010 of the Welfare and Institutions Code is
amended to read:
16010. (a) When a child is placed in foster care, the case plan
for each child recommended pursuant to Section 358.1 shall include a
summary of the health and education information or records, including
mental health information or records, of the child. The summary may
be maintained in the form of a health and education passport, or a
comparable format designed by the child protective agency. The health
and education summary shall include, but not be limited to, the
names and addresses of the child's health, dental, and education
providers; the child's grade level performance; the child's school
record; assurances that the child's placement in foster care takes
into account proximity to the school in which the child is enrolled
at the time of placement; the number of school transfers the child
has already experienced; the child's educational progress, as
demonstrated by factors, including, but not limited to, academic
proficiency scores; credits earned toward graduation; a record of the
child's immunizations and allergies; the child's known medical
problems; the child's current medications, past health problems, and
hospitalizations; a record of the child's relevant mental health
history; the child's known mental health condition and medications;
and any other relevant mental health, dental, health, and education
information concerning the child determined to be appropriate by the
Director of Social Services. The health and education summary may
also include the name and contact information for the educational
liaison, as described in subdivision (b) of Section 48853.5 of the
Education Code, of the child's local educational agency. If any other
law imposes more stringent information requirements, then that
section shall prevail.
(b) Additionally, a court report or assessment required pursuant
to subdivision (g) of Section 361.5, Section 366.1, subdivision (d)
of Section 366.21, or subdivision (c) of Section 366.22 shall include
a copy of the current health and education summary described in
subdivision (a).
(c) As soon as possible, but not later than 30 days after initial
placement of a child into foster care, the child protective agency
shall provide the caretaker with the child's current health and
education summary as described in subdivision (a). For each
subsequent placement, the child protective agency shall provide the
caretaker with a current summary as described in subdivision (a)
within 48 hours of the placement.
(d) (1) Notwithstanding Section 827 or any other law, the child
protective agency may disclose any information described in this
section to a prospective caretaker or caretakers prior to placement
of a child if all of the following requirements are met:
(A) The child protective agency intends to place the child with
the prospective caretaker or caretakers.
(B) The prospective caretaker or caretakers are willing to become
the adoptive parent or parents of the child.
(C) The prospective caretaker or caretakers have an approved
adoption assessment or home study, a foster family home license,
certification by a licensed foster family agency, or approval
pursuant to the requirements in Sections 361.3 and 361.4.
(2) In addition to the information required to be provided under
this section, the child protective agency may disclose to the
prospective caretaker specified in paragraph (1), placement history
or underlying source documents that are provided to adoptive parents
pursuant to subdivisions (a) and (b) of Section 8706 of the Family
Code.
(e) The child's caretaker shall be responsible for obtaining and
maintaining accurate and thorough information from physicians and
educators for the child's summary as described in subdivision (a)
during the time that the child is in the care of the caretaker. On
each required visit, the child protective agency or its designee
family foster agency shall inquire of the caretaker whether there is
any new information that should be added to the child's summary as
described in subdivision (a). The child protective agency shall
update the summary with the information as appropriate, but not later
than the next court date or within 48 hours of a change in
placement. The child protective agency or its designee family foster
agency shall take all necessary steps to assist the caretaker in
obtaining relevant health and education information for the child's
health and education summary as described in subdivision (a).
(f) At the initial hearing, the court shall direct each parent to
provide to the child protective agency complete medical, dental,
mental health, and educational information, and medical background,
of the child and of the child's mother and the child's biological
father if known. The Judicial Council shall create a form for the
purpose of obtaining health and education information from the child'
s parents or guardians at the initial hearing. The court shall
determine at the hearing held pursuant to Section 358 whether the
medical, dental, mental health, and educational information has been
provided to the child protective
agency.
SEC. 7.5. Section 16010 of the Welfare
and Institutions Code is amended to read:
16010. (a) When a child is placed in foster care, the case plan
for each child recommended pursuant to Section 358.1 shall include a
summary of the health and education information or records, including
mental health information or records, of the child. The summary may
be maintained in the form of a health and education passport, or a
comparable format designed by the child protective agency. The health
and education summary shall include, but not be limited to, the
names and addresses of the child's health, dental, and education
providers, providers; the child's grade
level performance, performance; the
child's school record, record;
assurances that the child's placement in foster care takes into
account proximity to the school in which the child is enrolled at the
time of placement, placement; the
number of school transfers the child has already
experienced, experienced; the child's
educational progress, as demonstrated by factors, including, but not
limited to, academic proficiency scores,
scores; credits earned toward graduation,
graduation; a record of the child's immunizations and
allergies, allergies; the child's known
medical problems, problems; the child'
s current medications, past health problems , and
hospitalizations, hospitalizations; a record of
the child's relevant mental health history,
history; the child's known mental health condition and
medications, medications; and any other
relevant mental health, dental, health, and education information
concerning the child determined to be appropriate by the Director of
Social Services. The health and education summary may also
include the name and contact information for the educational liaison,
as described in subdivision (b) of Section 48853.5 of the Education
Code, of the child's local educational agency. If
any other law imposes more stringent information requirements, then
that section shall prevail.
(b) Additionally, a court report or assessment required pursuant
to subdivision (g) of Section 361.5, Section 366.1, subdivision (d)
of Section 366.21, or subdivision (b) (c)
of Section 366.22 shall include a copy of the current health
and education summary described in subdivision (a). With respect
to a nonminor dependent, as described in subdivision (v) of Section
11400, a copy of the current health and education summary shall be
included in the court report only if and when the nonminor dependent
consents in writing to its inclusion.
(c) As soon as possible, but not later than 30 days after initial
placement of a child into foster care, the child protective agency
shall provide the caretaker caregiver
with the child's current health and education summary as described in
subdivision (a). For each subsequent placement of a child or
nonminor dependent , the child protective agency shall provide
the caretaker caregiver with a current
summary as described in subdivision (a) within 48 hours of the
placement. With respect to a nonminor dependent, as described in
subdivision (v) of Section 11400, the social worker or probation
officer shall advise the young adult of the social worker's or
probation officer's obligation to provide the health and education
summary to the new caregiver and the court, and shall discuss with
the youth the benefits and liabilities of sharing that information.
(d) (1) Notwithstanding Section 827 or any other law, the child
protective agency may disclose any information described in this
section to a prospective caretaker caregiver
or caretakers caregivers prior to
placement of a child if all of the following requirements are met:
(A) The child protective agency intends to place the child with
the prospective caretaker caregiver or
caretakers caregivers .
(B) The prospective caretaker caregiver
or caretakers caregivers are
willing to become the adoptive parent or parents of the child.
(C) The prospective caretaker caregiver
or caretakers caregivers have an
approved adoption assessment or home study, a foster family home
license, certification by a licensed foster family agency, or
approval pursuant to the requirements in Sections 361.3 and 361.4.
(2) In addition to the information required to be provided under
this section, the child protective agency may disclose to the
prospective caretaker caregiver
specified in paragraph (1), placement history or underlying source
documents that are provided to adoptive parents pursuant to
subdivisions (a) and (b) of Section 8706 of the Family Code.
(e) The child's caretaker caregiver
shall be responsible for obtaining and maintaining accurate and
thorough information from physicians and educators for the child's
summary as described in subdivision (a) during the time that the
child is in the care of the caretaker
caregiver . On each required visit, the child protective agency
or its designee family foster agency shall inquire of the
caretaker caregiver whether there is any new
information that should be added to the child's summary as described
in subdivision (a). The child protective agency shall update the
summary with the information as appropriate, but not later than the
next court date or within 48 hours of a change in placement. The
child protective agency or its designee family foster agency shall
take all necessary steps to assist the caretaker
caregiver in obtaining relevant health and education
information for the child's health and education summary as described
in subdivision (a). The caregiver of a nonminor dependent, as
described in subdivision (v) of Section 11400, is not responsible for
obtaining and maintaining the nonminor dependent's health
and educational information, but may assist the nonminor dependent
with any recordkeeping that the nonminor request s of the
caregiver.
(f) At the initial hearing, the court shall direct each parent to
provide to the child protective agency complete medical, dental,
mental health, and educational information, and medical background,
of the child and of the child's mother and the child's biological
father if known. The Judicial Council shall create a form for the
purpose of obtaining health and education information from the child'
s parents or guardians at the initial hearing. The court shall
determine at the hearing held pursuant to Section 358 whether the
medical, dental, mental health, and educational information has been
provided to the child protective agency.
SEC. 8. Section 16010.5 of the Welfare and
Institutions Code is amended to read:
16010.5. (a) When initially placing a child into foster care or
kinship care, and within 48 hours of any subsequent placement of that
child, the placing agency shall provide to the child's caretaker
both of the following:
(1) Prescribed medications for the child that are in the
possession of the placing agency, with instructions for the use of
the medication.
(2) Information regarding any treatments that are known to the
placing agency and that are in effect for the child at the time of
the placement.
(b) As soon as possible after placing a child into foster care or
kinship care, and no later than 30 days after placing the child, the
placing agency shall provide to the child's caregiver any available
documentation or proof of the child's age that may be required for
enrollment in school or activities that require proof of age.
(c) Within 30 days of receiving a copy of a child's birth
certificate or passport, a placing agency shall provide a copy of
that document to the child's caregiver.
(d) Nothing shall preclude the placing agency from providing the
name, mailing address, telephone number, and facsimile number of the
child's attorney and the child's court-appointed special advocate, if
any, to the child or the child's caregiver upon their request.
(e) The child's caregiver or other person holding the right to
make educational decisions for the child may provide the contact
information of the child's attorney, as described in paragraph (4) of
subdivision (e) of Section 317, to the child's school district when
the child has been placed outside of the county of jurisdiction for
the child.
SEC. 8. Section 2.5 of this bill incorporates
amendments to Section 48853.5 of the Education Code proposed by both
this bill and Senate Bill 1568. It shall only become operative if (1)
both bills are enacted and become effective on or before January 1,
2013, (2) each bill amends Section 48853.5 of the Education Code, and
(3) this bill is enacted after Senate Bill 1568, in which case
Section 2 of this bill shall not become operative.
SEC. 9. Section 6.5 of this bill incorporates
amendments to Section 317 of the Welfare and Institutions Code
proposed by both this bill and Assembly Bill 1712. It shall only
become operative if (1) both bills are enacted and become effective
on or before January 1, 2013, (2) each bill amends Section 317 of the
Welfare and Institutions Code, and (3) this bill is enacted after
Assembly Bill 1712, in which case Section 6 of this bill shall not
become operative.
SEC. 10. Section 7.5 of this bill incorporates
amendments to Section 16010 of the Welfare and Institutions Code
proposed by both this bill and Assembly Bill 1712. It shall only
become operative if (1) both bills are enacted and become effective
on or before January 1, 2013, (2) each bill amends Section 16010 of
the Welfare and Institutions Code, and (3) this bill is enacted after
Assembly Bill 1712, in which case Section 7 of this bill shall not
become operative.
