Bill Text: CA AB2967 | 2017-2018 | Regular Session | Amended
Bill Title: Foster care: certified record of live birth.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2018-09-19 - Chaptered by Secretary of State - Chapter 551, Statutes of 2018. [AB2967 Detail]
Download: California-2017-AB2967-Amended.html
|
Amended
IN
Assembly
April 18, 2018 |
|
Amended
IN
Assembly
March 22, 2018 |
| Assembly Bill | No. 2967 |
| Introduced by Assembly Member Quirk-Silva |
February 16, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law specifies that the terms of probation granted to a person who has been convicted of domestic violence are required to include, among other things, successful completion of a batterer’s program, as defined, or, if none is available, another appropriate counseling program designated by the court, for a period of not less than one year. Under existing law, the probation department has the sole authority to approve a
batterer’s program for probation, subject to specified criteria that the batterer’s program is required to meet.
Existing law authorizes a court to issue an order to restrain any person in order to prevent acts of domestic violence, abuse, and sexual abuse and to provide for a separation of the persons involved in the domestic violence for a period sufficient to enable these persons to seek a resolution of the causes of the violence. Existing law also authorizes the court, after notice and a hearing, to issue an order requiring the restrained party
to participate in a batterer’s program approved by the probation department as described above.
This bill would require a batterer’s program that has been approved by a probation department to make its services available to a person who voluntarily applies for enrollment in the batterer’s program, as specified, without requiring that the person be referred to the batterer’s program by a court or probation department or be the subject of any criminal, civil, or juvenile proceedings. To the extent that a county administers its own batterer’s program, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts
for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 103578 is added to the Health and Safety Code, to read:103578.
Each local registrar or county recorder shall, without a fee, issue a certified record of live birth to any person who demonstrates that he or she is a youth living in foster care, as defined in subdivision (f) of Section 11400 of the Welfare and Institutions Code. A county social services provider who has relevant knowledge regarding the youth shall verify that the youth is living in foster care for purposes of this section. A certificate issued pursuant to this section shall not contain a stamp indicating that the certified record is for government use only.SEC. 2.
To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIII B of the California Constitution.(a)A batterer’s program that has been approved by a probation department pursuant to Section 1203.097 of the Penal Code shall make its services available to a person who voluntarily applies for enrollment in the batterer’s program, subject to any other law and the enrollment criteria of the batterer’s program, without requiring that the person be referred to the batterer’s program by a court or probation department or be the subject of any criminal, civil, or juvenile proceedings.
(b)The probation department is not required to verify the batterer’s program’s compliance with subdivision (a) for purposes of the probation department’s approval process under Section 1203.097 of the Penal Code.
(c)This section does not affect the requirements described in Section 1203.097 of the Penal Code for purposes of a person participating in a batterer’s program as a term of probation pursuant to Section 1203.097 of the Penal Code, and does not affect the requirements described in Section 6343 for purposes of a person subject to a protective order and participating in a batterer’s program pursuant to Section 6343.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
