Bill Text: CA AB2459 | 2023-2024 | Regular Session | Amended
Bill Title: Juveniles: mentoring programs.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2024-04-18 - Re-referred to Com. on APPR. [AB2459 Detail]
Download: California-2023-AB2459-Amended.html
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Amended
IN
Assembly
April 17, 2024 |
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Amended
IN
Assembly
April 11, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2459
| Introduced by Assembly Member Wilson (Principal coauthor: Assembly Member Gipson) (Coauthor: Assembly Member Blanca Rubio) |
February 13, 2024 |
An act to amend Sections 366.1 and 706.5 of the Welfare and Institutions Code, relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2459, as amended, Wilson.
Juveniles: mentoring programs.
Existing law generally provides for the placement of foster youth in various placement settings. Existing law requires the status of every dependent child in foster care to be reviewed periodically, and requires the county welfare department social worker to prepare a supplemental report with supplemental information regarding the child for purposes of the status review hearing. Existing law also requires a probation officer to prepare a social study for purposes of the status review hearing of a ward who is placed in foster care or recommended for placement in foster care.
This bill would require the social worker and probation officer to include in the supplemental report or social study, respectively, information regarding voluntary one-to-one mentoring
services for the foster youth, as specified. By increasing the duties on county staff, 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) It is the intent of the Legislature to increase stability of children and youth in foster care, and in adoptive, kinship, and guardianship families by increasing the supports provided to these children and youth.
(b) While the number of children and youth in foster care has significantly decreased in recent decades, data continues to demonstrate the need for additional supports for children and youth in foster care and those seeking to achieve permanency, including the following data:
(1) Approximately 64.1% of all foster youth in California
graduate high school.
(2) According to the University of California Berkeley Child Welfare Indicators Project, 3,167 youth aged out of care in California in the year preceding October of 2023.
(3) One-half of youth who have aged out of foster care end up homeless or incarcerated.
(c) California policymakers have worked diligently to improve and strengthen the state’s foster care services for those in care, in permanent placements, in reunification, and within the juvenile justice system. However, children in foster care and former foster youth outcomes often continue the cycle of poverty, abuse, lack of education, substance abuse, incarceration, and homelessness.
(d) Foster children and youth would benefit from mentoring, including one-to-one mentoring models that provide appropriately screened, trained, and matched adult mentors that bring an approach to building positive relationships, positive experiences, and improved goals and outcomes. While a limited commitment is often required, mentor and mentee relationships often last several years or even a lifetime.
(e) One-to-one mentoring Mentoring programs have become an increasingly popular strategy for early intervention with at-risk youth. An analysis of 70 mentoring
outcome studies conducted between 1975 and 2017, with a sample size of 25,286 youth with average age of 12 years of age, yielded a statistically significant effect of mentoring programs across all youth outcomes.
(f) Researchers examining mentored youth in comparison to unmentored youth after 18 months found that mentored youth were less likely to engage in a variety of risky and unhealthy behaviors, such as using illegal drugs or alcohol, skipping school, and hitting others.
(g) A 2014 report for MENTOR: the National Mentoring Partnership conducted by Civic Enterprising in association with Hart Research Associates stated that youth facing risks with mentors were more likely to aspire to attend and to enroll in college, more likely to report participating in sports and other extracurricular
activities, and more likely to report taking on leadership roles in school and extracurricular activities and to regularly volunteer in their communities.
SEC. 2.
Section 366.1 of the Welfare and Institutions Code is amended to read:366.1.
Each supplemental report required to be filed pursuant to Section 366 shall include, but not be limited to, a factual discussion of each of the following subjects:(a) Whether the county welfare department social worker has considered either of the following:
(1) Child protective services, as defined in Chapter 5 (commencing with Section 16500) of Part 4 of Division 9, as a possible solution to the problems at hand, and has offered those services to qualified parents, if appropriate under the circumstances.
(2) Whether the child can be returned to the custody of the child’s parent
who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with the child’s parent.
(b) What plan, if any, for the return and maintenance of the child in a safe home is recommended to the court by the county welfare department social worker.
(c) Whether the subject child appears to be a person who is eligible to be considered for further court action to free the child from parental custody and control.
(d) What actions, if any, have been taken by the parent to correct the problems that caused the child to be made a dependent child of the court.
(e) If the parent or guardian is unwilling or unable to
participate in making an educational decision for their child, or if other circumstances exist that compromise the ability of the parent or guardian to make educational decisions for the child, the county welfare department or social worker shall consider whether the right of the parent or guardian to make educational decisions for the child should be limited. If the supplemental report makes that recommendation, the report shall identify whether there is a responsible adult available to make educational decisions for the child pursuant to Section 361.
(f) (1) The health and education of the minor, including a copy of the complete health and education summary, as required under Section 16010, including the name and contact information of the person or persons currently holding the right to make educational decisions
for the child.
(2) In instances in which it is determined that disclosure pursuant to paragraph (1) of the contact information of the person or persons currently holding the right to make educational decisions for the child poses a threat to the health and safety of that individual or those individuals, that contact information shall be redacted or withheld from the health and education summary within the supplemental report described in this section.
(g) (1) Whether the child has any siblings under the court’s jurisdiction, and, if any siblings exist, all of the following:
(A) The nature of the relationship between the child and the child’s siblings.
(B) The appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002.
(C) If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not
appropriate.
(D) If the siblings are not placed together, all of the following:
(i) The frequency and nature of the visits between the siblings.
(ii) If there are visits between the siblings, whether the visits are supervised or unsupervised. If the visits are supervised, a discussion of the reasons why the visits are supervised, and what needs to be accomplished in order for the visits to be unsupervised.
(iii) If there are visits between the siblings, a description of the location and length of the visits.
(iv) Any plan to increase visitation between the siblings.
(E) The impact of the sibling relationships on the child’s
placement and planning for legal permanence.
(2) The factual discussion shall include a discussion of indicators of the nature of the child’s sibling relationships, including, but not limited to, whether the siblings were raised together in the same home, whether the siblings have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with their sibling, as applicable, and whether ongoing contact is in the child’s best emotional interests.
(h) (1) For a child who is 10 years of age or older and has been under the jurisdiction of the juvenile court for a year or longer, or a nonminor dependent, either of the following:
(A) For a child in junior high or middle school, either that the child has already received comprehensive sexual health education that meets the requirements of Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2 of the Education Code through the school system while in junior high or middle school or how the county will ensure that the child receives that instruction at least once before completing junior high or middle school if the child remains under the jurisdiction of the juvenile court during that timeframe.
(B) For a child in high school or a nonminor dependent, either that the child has received comprehensive sexual health education that meets the requirements of Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2 of the Education Code through the school system while
in high school, or how the county will ensure that the child or nonminor dependent receives that instruction at least once before completing high school if the child remains under the jurisdiction of the juvenile court during that timeframe.
(2) For a child who is 10 years of age or older or a nonminor dependent, whether the social worker or probation officer has done all of the following:
(A) Informed the child or nonminor dependent that they may access age-appropriate, medically accurate information about reproductive and sexual health care, including, but not limited to, unplanned pregnancy prevention, abstinence, use of birth control, abortion, and the prevention and treatment of sexually transmitted infections.
(B) Informed the child or nonminor dependent, in an age and developmentally appropriate manner, of the child’s right to consent to sexual and reproductive health services and the child’s confidentiality rights regarding those services.
(C) Informed the child or nonminor dependent how to access reproductive and sexual health care services and facilitated access to that care, including by assisting with any identified barriers to care, as needed.
(3) This subdivision does not affect any applicable confidentiality law.
(4) On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subdivision.
(i) (1) For a child who is 16 years of age or older or for a nonminor dependent, whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education.
(2) On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subdivision.
(j) Whether a child who is 10 years of age or older and who has been in an out-of-home placement for six months or longer has relationships with individuals other than the child’s siblings who are important to the child, consistent with the child’s best interests, and actions taken to maintain those relationships. The social worker shall ask every child who is 10 years of age or older and who has been in an out-of-home placement for six months or longer to identify any individuals other than the child’s siblings who are
important to the child, consistent with the child’s best interest. The social worker may ask any other child to provide that information, as appropriate.
(k) The implementation and operation of the amendments to subdivision (j) enacted at the 2005–06 Regular Session shall be subject to appropriation through the budget process and by phase, as provided in Section 366.35.
(l) On and after October 1, 2021, for a child whose placement in a short-term residential therapeutic program has been reviewed and approved, and, on and after July 1, 2022, for a child whose placement in a community treatment facility has been reviewed and approved, pursuant to Section 361.22, the supplemental report shall include evidence of all of the following:
(1) Ongoing assessment of the strengths and needs of the child that continues to support the determination that the needs of the child cannot be met by family members or in another family-based setting, placement in a short-term residential therapeutic program or community treatment facility, as applicable, continues to provide the most effective and appropriate care setting in the least restrictive environment, and placement is consistent with the short- and long-term mental and behavioral health goals and permanency plan for the child.
(2) Documentation of the child’s specific treatment or service needs that will be met in the placement and the length of time the child is expected to need the treatment or services. For a Medi-Cal beneficiary, the determination of services and
expected length of time for those services funded by Medi-Cal shall be based upon medical necessity and on all other state and federal Medi-Cal requirements, and shall be reflected in the documentation.
(3) Documentation of the intensive and ongoing efforts made by the child welfare department, consistent with the child’s permanency plan, to prepare the child to return home or to be placed with a fit and willing relative, a legal guardian, an adoptive parent, in a resource family home or tribally approved home, or in another appropriate family-based setting.
(m) Whether a child or nonminor dependent is interested in engaging in voluntary mentoring services.
(1) If the child or nonminor dependent has indicated
interest, the efforts made by the social worker to refer the child or nonminor dependent to a nonprofit organization with experience mentoring foster youth in a trauma-informed manner.
(2) Documentation by the social worker shall be provided to confirm the following occurred:
(A) The child or nonminor dependent understands mentoring is voluntary.
(B) Explicit written and informed consent was granted for information to be shared to the mentor by the social worker regarding the youth’s placement and any updates on new placements.
(C) Notwithstanding a mentoring program being included in the foster youth’s case plan, the foster youth’s participation in
the mentoring program shall be on a purely voluntary basis. The foster youth’s subsequent decision to discontinue participation in the mentoring program shall not be the basis for discipline, punishment, or any other adverse action by the social worker or the court.
(D) For purposes of this
section:
(i) “Mentor” means an individual who works for, or volunteers with, a nonprofit organization and provides mentoring services. A mentor providing mentoring services pursuant to this section shall not be considered as a court-appointed special advocate (CASA), as described in Chapter 1 (commencing with Section 100).
(ii) “Mentoring” means a meaningful and mutually desired one-to-one relationship between a mentor and a mentee and includes outcomes such as positive behaviors and choices, educational and career success, and increased social, emotional, and mental health well-being.
Mentoring may be conducted on a one-to-one basis if it is provided by an organization that is exempt from the two mandated reporter requirement set forth in Section 18975 of the Business and Professions Code.
SEC. 3.
Section 706.5 of the Welfare and Institutions Code is amended to read:706.5.
(a) If placement in foster care is recommended by the probation officer, or where the minor is already in foster care placement or pending placement pursuant to an earlier order, the social study prepared by the probation officer that is received into evidence at disposition pursuant to Section 706 shall include a case plan, as described in Section 706.6. If the court elects to hold the first status review at the disposition hearing, the social study shall also include, but not be limited to, the factual material described in subdivision (c).(b) If placement in foster care is not recommended by the probation officer prior to disposition, but the court orders foster care placement,
the court shall order the probation officer to prepare a case plan, as described in Section 706.6, within 30 days of the placement order. The case plan shall be filed with the court.
(c) At each status review hearing, the social study shall include, but not be limited to, an updated case plan as described in Section 706.6 and the following information:
(1) (A) The continuing necessity for and appropriateness of the placement.
(B) On and after October 1, 2021, for the minor or nonminor dependent whose placement in a short-term residential therapeutic program has been reviewed and approved, and, on and after July 1, 2022, for the minor or nonminor dependent whose placement in a community treatment
facility has been reviewed and approved, pursuant to Section 727.12, the social study shall include evidence of each of the following:
(i) Ongoing assessment of the strengths and needs of the minor or nonminor dependent continues to support the determination that the needs of the minor or nonminor dependent cannot be met by family members or in another family-based setting, placement in a short-term residential therapeutic program or community treatment facility, as applicable, continues to provide the most effective and appropriate level of care in the least restrictive environment, and the placement is consistent with the short- and long-term mental and behavioral health goals and permanency plan for the minor or nonminor dependent.
(ii) Documentation of the minor or nonminor
dependent’s specific treatment or service needs that will be met in the placement, and the length of time the minor or nonminor dependent is expected to need the treatment or services. For a Medi-Cal beneficiary, the determination of services and expected length of time for those services funded by Medi-Cal shall be based upon medical necessity and on all other state and federal Medi-Cal requirements, and shall be reflected in the documentation.
(iii) Documentation of the intensive and ongoing efforts made by the probation department, consistent with the minor or nonminor dependent’s permanency plan, to prepare the minor or nonminor dependent to return home or to be placed with a fit and willing relative, a legal guardian, an adoptive parent, in a resource family home, tribally approved home, or in another appropriate family-based
setting, or, in the case of a nonminor dependent, in a supervised independent living setting.
(2) The extent of the probation department’s compliance with the case plan in making reasonable efforts to safely return the minor to the minor’s home or to complete whatever steps are necessary to finalize the permanent placement of the minor.
(3) The extent of progress that has been made by the minor and parent or guardian toward alleviating or mitigating the causes necessitating placement in foster care.
(4) If the first permanency planning hearing has not yet occurred, the social study shall include the likely date by which the minor may be returned to and safely maintained in the home or placed for adoption, appointed a
legal guardian, permanently placed with a fit and willing relative, or referred to another planned permanent living arrangement.
(5) Whether the minor has been or will be referred to educational services and what services the minor is receiving, including special education and related services if the minor has exceptional needs as described in Part 30 (commencing with Section 56000) of
Division 4 of Title 2 of the Education Code or accommodations if the child has disabilities as described in Chapter 16 (commencing with Section 701) of Title 29 of the United States Code Annotated. The probation officer or child advocate shall solicit comments from the appropriate local education agency prior to completion of the social study.
(6) If the parent or guardian is unwilling or unable to participate in making an educational or developmental services decision for their child, or if other circumstances exist that compromise the ability of the parent or guardian to make educational or developmental services decisions for the child, the probation department shall consider whether the right of the parent or guardian to make educational or developmental services decisions for the minor should be limited. If the study
makes that recommendation, it shall identify whether there is a responsible adult available to make educational or developmental services decisions for the minor pursuant to Section 726.
(7) When the minor is 16 years of age or older and in another planned permanent living arrangement, the social study shall include a description of all of the following:
(A) The intensive and ongoing efforts to return the minor to the home of the parent, place the minor for adoption, or establish a legal guardianship, as appropriate.
(B) The steps taken to do both of the following:
(i) Ensure that the minor’s care provider is following the reasonable and prudent parent
standard.
(ii) Determine whether the minor has regular, ongoing opportunities to engage in age or developmentally appropriate activities, including consulting with the minor about opportunities for the minor to participate in the activities.
(8) When the minor is under 16 years of age and has a permanent plan of return home, adoption, legal guardianship, or placement with a fit and willing relative, the social study shall include a description of any barriers to achieving the permanent plan and the efforts made by the agency to address those barriers.
(9) (A) For a child who is 10 years of age or older and has been declared a ward of the juvenile court pursuant to Section 601 or 602 for a year or
longer, the information in subparagraph (B) of paragraph (1) of subdivision (h) of Section 366.1.
(B) For a child who is 10 years of age or older, whether the probation officer has informed the minor or nonminor dependent of the information in paragraph (2) of subdivision (h) of Section 366.1.
(C) This paragraph does not affect any applicable confidentiality law.
(10) For a child who is 16 years of age or older or for a nonminor dependent, whether the probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related
financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education.
(11) (A) Whether a child or nonminor dependent is interested in engaging in voluntary mentoring services.
(B) If the child or nonminor dependent has indicated interest, the efforts made by the probation officer to refer the child or nonminor dependent to a nonprofit organization with experience mentoring foster youth in a trauma-informed manner.
(C) Documentation by the probation officer shall be provided to confirm the following occurred:
(i) The child or nonminor dependent understands
mentoring is voluntary.
(ii) Explicit written and informed consent was granted for information to be shared to the mentor by the social worker regarding the youth’s placement and any updates on new placements.
(D) Notwithstanding a mentoring program being included in the foster youth’s case plan, the foster youth’s participation in the mentoring program shall be on a purely voluntary basis. The foster youth’s subsequent decision to discontinue participation in the mentoring program shall not be the basis for discipline, punishment, or any other adverse action by the social worker or the court.
(E) For purposes of this section:
(i) “Mentor” means an individual who works for, or volunteers with, a nonprofit organization and provides mentoring services. A mentor providing mentoring services pursuant to this section shall not be considered as a court-appointed special advocate (CASA), as described in Chapter 1 (commencing with Section 100).
(ii) “Mentoring” means a meaningful and mutually desired one-to-one relationship between a mentor and a mentee and includes outcomes such as positive behaviors and choices, educational and career success, and increased social, emotional, and mental health well-being.
Mentoring may be conducted on a one-to-one basis if it is provided by an organization that is exempt from the two mandated reporter requirement set forth in Section 18975 of the Business and Professions Code.
(d) At each permanency planning hearing, the social study shall include, but not be limited to, an updated case plan as described in Section 706.6, the factual material described in subdivision (c) of this section, and a recommended permanent plan for the minor.
