Bill Text: CA AB2023 | 2011-2012 | Regular Session | Amended
Bill Title: Foster care placement: rights of children.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-07-02 - From committee without further action pursuant to Joint Rule 62(a). [AB2023 Detail]
Download: California-2011-AB2023-Amended.html
BILL NUMBER: AB 2023 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Jones
FEBRUARY 23, 2012
An act to amend Section 11999 of the Health and Safety
Code 16001.9 of the Welfare and Institutions Code
, relating to drugs and alcohol programs
foster care .
LEGISLATIVE COUNSEL'S DIGEST
AB 2023, as amended, Jones. Drug and alcohol programs.
Foster care placement: rights of children.
Existing law provides that it is the policy of this state that all
children in foster care have the right to not be locked in a room,
building, or facility premises, unless placed in a community
treatment facility.
This bill would provide that the right does not apply to privately
funded residential facilities that treat individuals under 18 years
of age for substance or alcohol abuse.
Existing law makes findings and declarations about the use of
illegal drugs and the consumption of alcohol by persons under 21
years of age. It is the intent of the Legislature that the messages
and information provided by the drug and alcohol programs promote no
unlawful use of any drug or alcohol.
This bill would make technical, nonsubstantive changes to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 16001.9 of the
Welfare and Institutions Code is amended to read:
16001.9. (a) It is the policy of the state that all children in
foster care shall have the following rights:
(1) To live in a safe, healthy, and comfortable home where he or
she is treated with respect.
(2) To be free from physical, sexual, emotional, or other abuse,
or corporal punishment.
(3) To receive adequate and healthy food, adequate clothing, and,
for youth in group homes, an allowance.
(4) To receive medical, dental, vision, and mental health
services.
(5) To be free of the administration of medication or chemical
substances, unless authorized by a physician.
(6) To contact family members, unless prohibited by court order,
and social workers, attorneys, foster youth advocates and supporters,
Court Appointed Special Advocates (CASAs), and probation officers.
(7) To visit and contact brothers and sisters, unless prohibited
by court order.
(8) To contact the Community Care Licensing Division of the State
Department of Social Services or the State Foster Care Ombudsperson
regarding violations of rights, to speak to representatives of these
offices confidentially, and to be free from threats or punishment for
making complaints.
(9) To make and receive confidential telephone calls and send and
receive unopened mail, unless prohibited by court order.
(10) To attend religious services and activities of his or her
choice.
(11) To maintain an emancipation bank account and manage personal
income, consistent with the child's age and developmental level,
unless prohibited by the case plan.
(12) (A) To not be locked in a room,
building, or facility premises, unless placed in a community
treatment facility.
(B) This paragraph shall not apply to privately funded residential
facilities that treat individuals under 18 years of age for
substance or alcohol abuse.
(13) To attend school and participate in extracurricular,
cultural, and personal enrichment activities, consistent with the
child's age and developmental level with minimal disruptions to
school attendance and educational stability.
(14) To work and develop job skills at an age-appropriate level,
consistent with state law.
(15) To have social contacts with people outside of the foster
care system, such as teachers, church members, mentors, and friends.
(16) To attend Independent Living Program classes and activities
if he or she meets age requirements.
(17) To attend court hearings and speak to the judge.
(18) To have storage space for private use.
(19) To be involved in the development of his or her own case plan
and plan for permanent placement.
(20) To review his or her own case plan and plan for permanent
placement, if he or she is 12 years of age or older and in a
permanent placement, and to receive information about his or her
out-of-home placement and case plan, including being told of changes
to the plan.
(21) To be free from unreasonable searches of personal belongings.
(22) To confidentiality of all juvenile court records consistent
with existing law.
(23) To have fair and equal access to all available services,
placement, care, treatment, and benefits, and to not be subjected to
discrimination or harassment on the basis of actual or perceived
race, ethnic group identification, ancestry, national origin, color,
religion, sex, sexual orientation, gender identity, mental or
physical disability, or HIV status.
(24) At 16 years of age or older, to have access to existing
information regarding the educational options available, including,
but not limited to, the coursework necessary for vocational and
postsecondary educational programs, and information regarding
financial aid for postsecondary education.
(b) Nothing in this section shall be interpreted to require a
foster care provider to take any action that would impair the health
and safety of children in out-of-home placement.
(c) The State Department of Social Services and each county
welfare department are encouraged to work with the Student Aid
Commission, the University of California, the California State
University, and the California Community Colleges to receive
information pursuant to paragraph (23) of subdivision (a).
SECTION 1. Section 11999 of the Health and
Safety Code is amended to read:
11999. The Legislature finds and declares all of the following:
(a) The Legislature has established various drug- and
alcohol-related programs that provide for education, prevention,
intervention, treatment, or enforcement.
(b) The Legislature has classified certain substances as
controlled substances and has defined the lawful and unlawful use of
controlled substances, which are commonly referred to as, but not
limited to, anabolic steroids, marijuana, and cocaine.
(c) The Legislature has classified certain substances as
imitation controlled substances, which are commonly referred to as,
but not limited to, designer drugs.
(d) The Legislature has determined that the possession with the
intent to be under the influence, or being under the influence of
toluene, or a substance or material containing toluene, or a
substance with similar toxic qualities, is unlawful. Some substances
or materials containing toluene, or substances with similar toxic
qualities, are commonly referred to, but not limited to, inhalants
such as cement, glue, and paint thinner.
(e) The Legislature has determined that the purchase, possession,
or use of alcohol by persons under 21 years of age is unlawful.
(f) Public and private agencies that provide information
pertaining to the drug- and alcohol-related programs provide mixed
messages and misinformation relating to the unlawful use of drugs and
alcohol. It is the intent of the Legislature that the messages and
information provided by the drug and alcohol programs promote no
unlawful use of any drug or alcohol. Mixed messages mean
communications discussing how to use or when to use unlawful drugs or
alcohol.
(g) Material, curricula, teachings, or promotion of responsible
use, if the use is unlawful, of drugs or alcohol is inconsistent with
the law.
(h) The "no unlawful use" message applies to all drug and alcohol
programs for the people of the State of California. These materials
are to teach and promote that unlawful use of drugs and alcohol is
illegal and dangerous.
