Bill Text: CA AB2869 | 2015-2016 | Regular Session | Amended
Bill Title: Dependent children: military notification.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB2869 Detail]
Download: California-2015-AB2869-Amended.html
BILL NUMBER: AB 2869 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 18, 2016
INTRODUCED BY Assembly Member Chávez
FEBRUARY 19, 2016
An act to amend Section 16000.1 of the Welfare and
Institutions Code, relating to foster care. An act to
add Section 328.1 to the Welfare and Institutions Code, relating to
juveniles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2869, as amended, Chávez. Foster care: placement.
Dependent children: military notification.
Existing law provides that a child may come within the
jurisdiction of the juvenile court and become a dependent child of
the court in certain cases, including when the child has suffered, or
is at substantial risk of suffering, serious physical harm or
illness as a result of the willful or negligent failure of the parent
or guardian to provide the child with adequate food, clothing,
shelter, or medical treatment. Existing law requires a social worker
who has cause to believe that a child has been abused or neglected to
immediately conduct an investigation to determine whether child
welfare services should be offered to the family and whether
proceedings in the juvenile court should be commenced.
This bill would require a social worker, when he or she is
conducting that investigation, to ascertain whether the parent or
guardian of the child, or that person's spouse, is a member of the
Armed Forces, as specified. The bill would require the social worker
to notify the applicable military Family Advocacy Program when there
is an open investigation, relating to a military parent or guardian,
or a military spouse of the parent or guardian, to determine if a
child has been abused or neglected.
Because this bill would impose additional duties on social
workers, 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.
Existing law declares, among other things, that the state has a
duty to care for and protect the children that the state places into
foster care, and as a matter of public policy, the state assumes an
obligation of the highest order to ensure the safety of children in
foster care, and a judicial order establishing jurisdiction over a
child placed into foster care supplants or limits parental or
previous adult authority. Existing law also declares the intent of
the Legislature to confirm the state's duty to comply with all
requirements of the federal Social Security Act that are relevant to
the protection and welfare of children in foster care.
This bill would make technical, nonsubstantive changes to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 328.1 is added to the
Welfare and Institutions Code , to read:
328.1. (a) A social worker who is conducting an investigation
described in Section 328 shall make every effort as soon as
practicable to ascertain whether the parent or guardian of the child,
or that person's spouse, is a member of the Armed Forces.
(b) If the parent or guardian of a child who is the subject of an
investigation described in Section 328, or that person's spouse, is a
member of the Armed Forces, the social worker shall notify the
Family Advocacy Program of the military installation at which the
member is stationed that there is an open investigation, relating to
that military parent or guardian, or that military spouse of the
parent or guardian, to determine if the child is a person described
in Section 300.
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
nor otherwise be subject to Section 6 of Article XIII B of the
California Constitution.
SECTION 1. Section 16000.1 of the Welfare and
Institutions Code is amended to read:
16000.1. (a) The Legislature finds and declares all of the
following:
(1) The state has a duty to care for and protect the children that
the state places into foster care, and as a matter of public policy,
the state assumes an obligation of the highest order to ensure the
safety of children in foster care.
(2) A judicial order establishing jurisdiction over a child placed
into foster care supplants or limits parental or previous adult
authority.
(3) This section is not intended to change the balance of
liability between the state and the counties as it existed prior to
the decision of the California Court of Appeal in County of Los
Angeles v. Superior Court of Los Angeles: Real Party in Interest
Terrell R. (2002) 102 Cal.App.4th 627, as established by the decision
of the California Court of Appeal in Scott v. County of Los Angeles
(1994) 27 Cal.App.4th 125. Furthermore, this section is not intended
to increase or decrease the liability of the state as it existed
prior to the Terrell R. case.
(b) (1) It is the intent of the Legislature that the decision of
the California Court of Appeal in County of Los Angeles v. Superior
Court of Los Angeles: Real Party in Interest Terrell R. (2002) 102
Cal.App.4th 627, shall not be held to change the standards of
liability and immunity for injuries to children in protective custody
that existed prior to that decision.
(2) It is the intent of the Legislature to confirm the state's
duty to comply with all requirements under Part B of Title IV of the
Social Security Act (42 U.S.C. Sec. 621 et seq.) and Part E of Title
IV of the Social Security Act (42 U.S.C. Sec. 670 et seq.) that are
relevant to the protection and welfare of children in foster care.
