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For more information contact:
Tracy Schroth 510-835-8098 x3013
tschroth@youthlaw.org
Sept 22, 2006 - Gov. Arnold Schwarzenegger has signed an eight-bill foster care reform package that promises to improve the lives of tens of thousands of foster children and those at risk of being removed from their homes. The Governor and Legislature have also included an increase of more than $94 million in foster care funding this year. There are approximately 80,000 foster children in California.
The passage of these bills represents the culmination of a year-long effort on the part of many, including the Governor, state legislators, foster youth, NCYL and other child advocacy groups, and the San Francisco Chronicle, which has run more than 25 editorials in the past year pushing for major reform of the state’s foster care system. “This has been a truly important year for abused and neglected children who depend upon the state for their care; however, the work is not done. We must continue to hold the system accountable until all children are safe and thriving in permanent homes,” said Curt Child, a senior attorney at NCYL who heads up the Center’s Sacramento office. Among the bills signed is AB 2216, sponsored by NCYL, the Children’s Law Center of Los Angeles, and the Children’s Advocacy Institute, which is the cornerstone of the reform effort. The goal of the bill is to create more accountability in the foster care system and to eliminate the vast disparities in treatment of foster children from county to county by promoting coordination and collaboration among county and state agencies that serve foster children. The bill designates the Secretary of the California Health and Human Services Agency and the Chief Justice of the California Supreme Court as co-chairs of a statewide oversight Child Welfare Council. The new foster care laws will also ensure legal representation for children in dependency proceedings at the appellate level; eliminate bureaucratic regulations that stigmatize foster children and discourage prospective foster parents from taking in foster children; and help foster children locate their siblings. In addition, the Governor signed a bill that requires, for the first time in California, the regulation of private child support collectors who do business in California. The new law will serve to protect the rights of parents who use these private child support collectors to collect their child support payments. The eight bills are:
AB 2216 – Child Welfare Leadership
Karen Bass (D-Baldwin Hills)
Co-sponsored by NCYL, Children's Advocacy Institute, the Children's Law Center of Los Angeles
Establishes a Child Welfare Leadership Council, within the Health and Human Services Agency, to bring together the multiple agencies and departments that provide services to children and families in the child welfare system.
AB 2480 – Appellate Representation for Foster Youth
Noreen Evans (D-Santa Rosa)
Co-sponsored by NCYL, Children's Advocacy Institute, the Children's Law Center of Los Angeles
Assists in chlidren accessing an attorney durning dependency proceedings in the appellate courts.
SB 1641 – Promoting Family-Like Environments for Foster Children
Nell Soto (D-Pomona)
Co-sponsored by NCYL and Legal Advocates for Permanent Parenting
Requires that foster care placements and day-to-day caregiver decisions for foster children be based on the “reasonable prudent parent” standard. This means that foster children and youth should be placed in homes that best promote a family-like environment and permit children to engage in reasonable day-to-day activities. AB 1641 also acknowledges the work of the Department of Social Services, Division of Community Care Licensing, in reviewing regulations and policies to ensure that they promote both well-being and safety of children, and requires a progress report to the Legislature at the regular 2007-08 budget hearings
AB 2488 - Foster Youth Sibling Connections
Mark Leno (D-San Francisco)
Sponsored by the Children’s Law Center for Los Angeles
Eliminates legal obstacles to youth searching for their siblings after one or more of them have been adopted. This legislation ensures that siblings are able to remain connected and find each other through a more accessible and streamlined process.
AB 1979 – Promoting Mentorship
Karen Bass (D-Baldwin Hills)
Sponsored by the Loas Angeles County Sheriff
Promotes meaningful and lifelong connections between foster youth and mentors by waiving the fees for criminal background checks for mentors, thereby encouraging more Californians to become mentors.
AB 2985 – Protecting Foster Youth from Identity Theft
Bill Maze (R-Visalia)
Requires county welfare departments to request credit checks for foster youth who are 16 or older and provide referrals to credit counseling organizations if the credit check discloses any negative information.
AB 2195 – Placement With Relatives
Karen Bass (D-Baldwin Hills)
Sponsored by the County Welfare Directors Association
Facilitates expedient and safe placements of foster youth with relatives when their primary foster parent or caregiver is suddenly unable to provide care. The law calls for establishing standards and procedures for counties to assess and approve relative providers on an emergency basis.
SB 1667 – Parent Participation in Dependency Proceedings
Sheila Kuehl (D-Santa Monica)
Sponsored by Legal Advocates for Permanent Parenting
Promotes foster parent participation in dependency hearings by making sure they receive appropriate notices and forms, as well as information on how to provide input and recommendations to the court.
The child support bill is:
AB 2781 – Regulation of Private Child Support Collectors
Author Mark Leno (D-San Francisco)
Sponsored by NCYL, Children's Advocacy Institute
The bill requires a private child support collector to provide in a written contract notices and disclosures of consumer rights to parents receiving child support, as well as additional information about child support payments during the contract term. The new law also authorizes the parent to cancel any contract under certain circumstances; prescribes the rights of the parties with respect to child support agencies and other governmental entities; and outlines procedures and remedies for enforcement of the law. The new law also requires that every court order for child support issued beginning in 2010, and every child support agreement providing child support payments approved by the court beginning in 2010, include a separate money judgment owed by the parent receiving child support to the private child support collector. This money judgment would be in favor of the private collector and the custodial parent jointly. The bill also regulates the conduct and compensation of attorneys who are private child support collectors.
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