Bill Text: CA AB181 | 2011-2012 | Regular Session | Amended

California Assembly Bill 181 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Foster youth: mental health bill of rights.

Spectrum: Partisan Bill (Democrat 20-0)

Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB181 Detail]

Download: California-2011-AB181-Amended.html

BILL NUMBER: AB 181	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 15, 2011

INTRODUCED BY   Assembly  Member  
Portantino   Members   Beall   and
Portantino 
   (Principal coauthor: Senator Steinberg)
    (   Coauthors:   Assembly Members 
 Ammiano,   Blumenfield,   Brownley,  
Carter,   Chesbro,   Dickinson,   Fong,
  Galgiani,   Gordon,   Huffman, 
 Ma,   Skinner,   and Swanson   )

    (   Coauthors:   Senators  
Correa,   Evans,   Price,   and Vargas
  ) 

                        JANUARY 24, 2011

   An act to amend Section 16164 of, and to add Section 16001.10 to,
the Welfare and Institutions Code, relating to foster youth.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 181, as amended,  Portantino   Beall 
. Foster youth: mental health bill of rights.
   Existing law provides that, when a child is removed from his or
her family by the juvenile court, placement of the child in foster
care should secure, as nearly as possible, the custody, care, and
discipline equivalent to that which should have been given the child
by his or her parents. Existing law provides enumerated rights for
children who are placed in foster care. Existing law establishes the
Office of the State Foster Care Ombudsperson to disseminate specified
information, including the stated rights of foster youth, and to
investigate and attempt to resolve complaints made by or on behalf of
children placed in foster care, related to their care, placement, or
services.
   This bill would enumerate rights for foster youth relating to
mental health services. The bill would require the office, in
consultation with various entities, to develop, no later than July 1,
2012, standardized information explaining the rights specified and
to distribute this information to foster youth.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 16001.10 is added to the Welfare and
Institutions Code, to read:
   16001.10.  (a) It is the policy of the state that all children in
foster care  and transition-age foster youth  shall have the
following rights relating to mental health services:
   (1) To receive needed mental health services.
   (2) To interview a therapist prior to commencing treatment.
   (3) To discontinue psychotropic medication, as deemed appropriate
by a physician, if the youth experiences potentially dangerous side
effects.
   (4) To be presented with mental health options, including, but not
limited to, holistic or natural approaches, mentoring, peer
counseling, therapy, and medication.
   (5) To continue services with their therapist or counselor 
for at least one year  when their residential placement changes
 for at least one year,  or as long as it is in the
best interest of the youth, as determined by a court.
   (6) To be evaluated by a medical professional.
   (7) To have mental health services provided outside of the place
of residence  , if the child wishes  .
   (8) To be provided with information on how to seek mental health
services in their county of residence  , or to have this
information provided to the child's caregiver, depending on the age
of the child  .
   (9) To gain access to personal mental health records.
   (10) Consistent with other state laws, to be guaranteed the
protection of confidentiality when interacting with mental health
professionals, unless the youth is deemed at risk of harming himself
or herself or others  , and when reporting su   spected
child abuse to the child protection agency  .
   (11) To be given age-appropriate information on drug interactions
if prescribed more than one  psychotropic 
medication.
   (12) To receive timely mental health services in the county of
residence and not to be denied services  because of the
  based on the child's  county of origin.
   (13) To refuse mental health treatment at any time unless deemed
medically necessary by the court.
   (b) The Office of the State Foster Care Ombudsperson, in
consultation with the State Department of Mental Health, the 
Department of Public Health   State Department of
Social Services  , the State Department of Health Care Services,
foster youth advocacy and support groups,  representatives of
county child welfare agencies,  and groups representing
children, families, foster parents, and children's facilities, and
other interested parties, shall develop, no later than July 1, 2012,
standardized information explaining the rights specified in this
section. The information shall be presented in an age-appropriate
manner and shall reflect any relevant licensing requirements and
medical information laws.
  SEC. 2.  Section 16164 of the Welfare and Institutions Code is
amended to read:
   16164.  (a) The Office of the State Foster Care Ombudsperson shall
do all of the following:
   (1) Disseminate information on the rights of children and youth in
foster care and the services provided by the office. The rights of
children and youths in foster care are listed in Sections 16001.9 and
16001.10. The information shall include notification that
conversations with the office may not be confidential.
   (2) Investigate and attempt to resolve complaints made by or on
behalf of children placed in foster care, related to their care,
placement, or services.
   (3) Decide, in its discretion, whether to investigate a complaint,
or refer complaints to another agency for investigation.
   (4) Upon rendering a decision to investigate a complaint from a
complainant, notify the complainant of the intention to investigate.
If the office declines to investigate a complaint or continue an
investigation, the office shall notify the complainant of the reason
for the action of the office.
   (5) Update the complainant on the progress of the investigation
and notify the complainant of the final outcome.
   (6) Document the number, source, origin, location, and nature of
complaints.
   (7) (A) Compile and make available to the Legislature all data
collected over the course of the year including, but not limited to,
the number of contacts to the toll-free telephone number, the number
of complaints made, including the type and source of those
complaints, the number of investigations performed by the office, the
trends and issues that arose in the course of investigating
complaints, the number of referrals made, and the number of pending
complaints.
   (B) Present this compiled data, on an annual basis, at appropriate
child welfare conferences, forums, and other events, as determined
by the department, that may include presentations to, but are not
limited to, representatives of the Legislature, the County Welfare
Directors Association, child welfare organizations, children's
advocacy groups, consumer and service provider organizations, and
other interested parties.
   (C) It is the intent of the Legislature that representatives of
the organizations described in subparagraph (B) consider this data in
the development of any recommendations offered toward improving the
child welfare system.
   (D) The compiled data shall be posted so that it is available to
the public on the existing Internet Web site of the State Foster Care
Ombudsperson.
   (8) Have access to any record of a state or local agency that is
necessary to carry out his or her responsibilities. Representatives
of the office may meet or communicate with any foster child in his or
her placement or elsewhere.
   (b) The office may establish, in consultation with a committee of
interested individuals, regional or local foster care ombudsperson
offices for the purposes of expediting investigations and resolving
complaints, subject to appropriations in the annual Budget Act.
   (c) (1) The office, in consultation with the California Welfare
Directors Association, Chief Probation Officers of California, foster
youth advocate and support groups, groups representing children,
families, foster parents, children's facilities, and other interested
parties, shall develop, no later than July 1, 2002, standardized
information explaining the rights specified in Section 16001.9. The
information shall be developed in an age-appropriate manner, and
shall reflect any relevant licensing requirements with respect to
foster care providers' responsibilities to adequately supervise
children in care.
   (2) The office, counties, foster care providers, and others may
use the information developed in paragraph (1) in carrying out their
responsibilities to inform foster children and youth of their rights
pursuant to Section 1530.91 of the Health and Safety Code, Sections
27 and 16501.1, and this section.