Bill Text: CA AB2869 | 2015-2016 | Regular Session | Introduced

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

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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-Introduced.html

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BILL NUMBER: AB 2869	INTRODUCED
	BILL TEXT


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.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2869, as introduced, Chávez. Foster care: placement.
   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.
State-mandated local program: no.


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

  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)  Nothing in this section is   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,  nothing in this section is
  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  nothing
in  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.  620   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.