Bill Text: CA AB3076 | 2017-2018 | Regular Session | Amended
Bill Title: Indian child welfare: legal services.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Engrossed - Dead) 2018-08-16 - In committee: Held under submission. [AB3076 Detail]
Download: California-2017-AB3076-Amended.html
Amended
IN
Assembly
April 12, 2018 |
Assembly Bill | No. 3076 |
Introduced by Assembly Member Reyes |
February 16, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law authorizes the Director of Social Services to
enter into an agreement with a tribe, consortium of tribes, or tribal organization, regarding the care and custody of Indian children and jurisdiction over Indian child custody proceedings, under specified circumstances. Existing law requires these agreements to provide for the delegation to the tribe, consortium of tribes, or tribal organization the responsibility that would otherwise be the responsibility of the county for the provision of child welfare services or assistance payments under the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care, or both.
This bill would, subject to funding in the annual Budget Act, require the State Department of Social Services to provide grants to qualified nonprofit legal services organizations to provide legal services to Indian tribes in, and legal training and technical assistance to eligible
nonprofit organizations regarding, child welfare matters under the Indian Child Welfare Act. The bill would require that the grants be provided only to qualified nonprofit legal services organizations that meet specified requirements, including specified years of related experience and meeting the requirements to receive funding from the Trust Fund Program administered by the State Bar of California. The bill would require the department to annually report to the fiscal committees of the Legislature specified information, including the implementation timeline and any further barriers and challenges to Indian tribes in obtaining legal services in these child welfare matters.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 6214.4 is added to the Business and Professions Code, to read:6214.4.
(a) The State Bar of California shall administer grants to qualified legal services projects and qualified support centers in accordance with this article for the purpose of providing either or both of the following services:(a)Subject to funding in the annual Budget Act, the department shall provide grants to qualified nonprofit legal services organizations, as described in this section.
(b)Grants shall be for the purpose of providing one or both of the following services:
(1)Legal services to Indian tribes in child welfare matters under the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(2)(A)Legal training and technical assistance to eligible nonprofit organizations regarding child welfare matters under the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(B) For purposes of this section, the following definitions shall apply:
(i)“Legal training and technical assistance” includes, but is not limited to, webinars, in-person training, and technical assistance in the form of answering questions via telephone, email, or fax.
(ii)“Eligible nonprofit organization” means an organization that meets the requirements set forth in Section 501(c)(3), 501(c)(4), or 501(c)(5) of the United States Internal Revenue Code.
(c)Grants shall be provided only to qualified nonprofit legal services organizations that meet all of the following requirements:
(1)The requirements set forth in Section 501(c)(3), 501(c)(4), or 501(c)(5) of the United States Internal
Revenue Code.
(2)The requirements to receive funding from the Trust Fund Program administered by the State Bar of California.
(3)Have conducted trainings on the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) for persons beyond their staff.
(4)Except as provided in paragraph (5), have at least three years of experience handling child welfare matters under the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(5)For a legal services organization that provides legal training and technical assistance, have at least 10 years of experience conducting legal services for Indian tribes.
(d)Grant recipients shall maintain adequate legal malpractice insurance.
(e)The department shall annually report all of the following information to the fiscal committees of the Legislature:
(1)Implementation timeline.
(2)Number of applications submitted.
(3)Qualified nonprofit legal services organizations that were awarded grants.
(4)Any further barriers and challenges to Indian tribes in obtaining legal services in child welfare matters under the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).