CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1220

Introduced by Assembly Member Bennett

February 16, 2023

An act to amend Section 16000 of the Welfare and Institutions Code, relating to foster care.


LEGISLATIVE COUNSEL'S DIGEST


AB 1220, as introduced, Bennett. Foster care placement.
Existing law declares the intent of the Legislature to preserve and strengthen a child’s family ties whenever possible, removing the child from the custody of their parents only when necessary for the child’s welfare or for the safety and protection of the public. Existing law declares the further intent of the Legislature that all children live with a committed, permanent, and nurturing family, with services and supports that are tailored to meet the needs of the individual child and family being served, with the ultimate goal of maintaining the family or, when this is not possible, transitioning the child or youth to a permanent family or preparing the child or youth for a successful transition into adulthood.
This bill would make technical, nonsubstantive changes to those provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 16000 of the Welfare and Institutions Code is amended to read:

16000.
 (a) It is the intent of the Legislature to preserve and strengthen a child’s family ties whenever possible, removing the child from the custody of his or her their parents only when necessary for his or her the child’s welfare or for the safety and protection of the public. If a child is removed from the physical custody of his or her their parents, preferential consideration shall be given whenever possible to the placement of the child with the relative as required by Section 7950 of the Family Code. If the child is removed from his or her their own family, it is the purpose of this chapter to secure as nearly as possible for the child the custody, care, and discipline equivalent to that which should have been given to the child by his or her their parents. It is further the intent of the Legislature to reaffirm its commitment to children who are in out-of-home placement to live in the least restrictive family setting promoting normal childhood experiences that is suited to meet the child’s or youth’s individual needs, and to live as close to the child’s family as possible pursuant to subdivision (c) (d) of Section 16501.1. Family reunification services shall be provided for expeditious reunification of the child with his or her their family, as required by law. If reunification is not possible or likely, a permanent alternative shall be developed.
(b) It is further the intent of the Legislature that all children live with a committed, permanent, and nurturing family. Services and supports should be tailored to meet the needs of the individual child and family being served, with the ultimate goal of maintaining the family, or family or, when this is not possible, transitioning the child or youth to a permanent family or preparing the child or youth for a successful transition into adulthood. When needed, short-term residential therapeutic program services are a short-term, specialized, and intensive intervention that is just one part of a continuum of care available for children, youth, young adults, and their families.
(c) It is further the intent of the Legislature to ensure that all pupils in foster care and those who are homeless homeless, as defined by the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.) seq.), have the opportunity to meet the challenging state pupil academic achievement standards to which all pupils are held. In fulfilling their responsibilities to pupils in foster care, educators, county placing agencies, care providers, advocates, and the juvenile courts shall work together to maintain stable school placements and to ensure that each pupil is placed in the least restrictive educational programs, and has access to the academic resources, services, and extracurricular and enrichment activities that are available to all pupils. In all instances, educational and school placement decisions shall be based on the best interests of the child.