State Law
Call-out box on New Legislation
AB 1774 - Criminal Background Checks
- The bill now gives county child welfare agencies 10 days, instead of 5 days, to initiate a fingerprint check after doing a CLETS check on a prospective caregiver.
- Fingerprint checks are only required for placement assessments, not for dependency investigation and parent locating purposes.
- Criminal justice personnel must cooperate with criminal history requests and provide the information in a timely manner.
- The bill also allows child welfare agencies to obtain and report, and the court to consider, information about any new criminal arrests or convictions of the parent after the removal of the child, if the parent has agreed to fingerprinting as part of the case plan.
AB 1808 - Kin-GAP Plus
- This bill establishes the Kinship Guardianship Assistance Payment Plus Program (Kin-GAP Plus), which provides parity for relative guardians with foster parents and allows payment of specialized care increments and clothing allowances.
- A child who is receiving Kin-GAP Plus benefits is also eligible for independent living (ILP) services.
AB 2195 - Emergency Placement With Relatives
- The bill allows for the emergency placement of children with relatives or non-relative extended family members when a foster parent suddenly becomes unavailable and a change in placement is necessary.
- Emergency placement may be made according to the exact same standards used for temporary placement with a relative when a child is initially detained.
AB 2216 - Child Welfare Leadership and Performance Accountability
- This bill creates the California Child Welfare Council to provide leadership, collaboration, and accountability by those involved in providing services to and overseeing the lives of abused and neglected youth who come in contact with the courts and our child welfare system.
- The Council, to be co-chaired by the Secretary of Human Services Agency and the Supreme Court Chief Justice (or his/her designee), will include representatives from the many agencies, departments, groups and advocacy organizations charged with serving children and families in the system, and clients.
AB 2480 - Enhanced Legal Process for Dependent Children
- The bill ensures that children in dependency court are appointed appellate counsel, when appropriate.
- As a result of work on the bill, efforts are now underway to promote the establishment of caseload standards for attorneys who represent foster children, permitting more effective advocacy.
- The bill establishes a presumption that children over the age of 12 are of sufficient maturity to invoke the psychotherapist-patient and physician-patient privileges.
AB 2488 - Facilitating Sibling Relationships Post-Adoption Through Foster Care
- This bill reduces the stringent requirements faced by siblings who seek contact with one another, once an adoption has occurred.
- The minimum age of consent to file a confidentiality waiver is lowered from 21 to 18.
- The bill establishes a process for appointment of a confidential intermediary to assist in locating siblings, as well as attaining needed consents.
SB 678 - Indian Child Welfare Act (ICWA)
- This bill codifies the federal Indian Child Welfare Act along with federal regulations and guidelines pertaining to ICWA into state law.
SB 1667 - Foster Parents' Participation in Hearings
- The bill entitles foster parents, relative caregivers, group homes and foster family agencies to attend review of permanent plan (RPP) hearings and submit any relevant information to the court in writing.
- Requires social workers to give caregivers a copy of the Caregiver Information Form (JV-290) and instructions on how to file the form with the court prior to status review hearings.
Summary of New Dependency-Related Laws Effective January 2007
AB 490
AB 408
AB 408 sets forth a series of reforms aimed at promoting and ensuring permanence through lifelong connections for all children in foster care.
AB 408 – Promoting Permanence for Foster Youth
AB 408 seeks to improve foster children’s access to age-appropriate enrichment, extracurricular, and social activities.
AB 408 – Preserving Quality of Life for Youth in Foster Care
The Challenges of Leading a Normal Life in Foster Care
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