CLC-Sponsored Legislation

Children's Law Center has successfully sponsored several bills in the California legislature that make significant strides in improving the foster care system for the youth we represent. Recent legislation sponsored includes the following:

2008 - Enacted

SB 1612 - Due Process For Teen Parents In Dependency, Family Law and Probate Cases (Kuehl)

  • Provides teen parents full access to the judicial system by allowing for teen parents to appear in court on behalf of their child(ren) without the appointment of a Guardian Ad Litem (GAL) for the minor parent.
  • Calls for Judges in dependency, family law and probate guardianship cases to appoint a GAL only if the teen parent is found to be incapable of understanding the proceedings or of assisting in the preparation of a case.
  • SB 1612 reflects the view that because teen parents in dependency and family law cases, as well as in probate guardianship cases, have the same rights and responsibilities as adult parents, they should be able to communicate their desires directly to their attorneys and to the court without a presumption that they are 'incompetent' simply because they are under the age of eighteen. It is an unfair denial of access to the court system - and a waste of scarce public resources - to require appointment of a GAL for minor parents who are able to understand what is at stake in their case and who have the ability to make their own decisions.

For the full text of the bill, see SB 1612

AB 2483 - Protecting the Rights of Teen Parents in Foster Care (Bass)

  • Ensures that teen parents in foster care have the opportunity to consult with their court-appointed attorneys prior to agreeing to a voluntary placement of their baby in foster care, or to a voluntary family maintenance program, outside of Court jurisdiction.
  • Protects young parents and their children, strengthens these young families, prevents unnecessary separation of teen parents and their children and will ensure that where appropriate and needed, supportive services are provided to both the teen parent and the teen's baby.

For the full text of the bill, see AB 2483

AB 2310 - Equipping Aging-Out Foster Youth with the Proper Tools To Access Services and Resources to Which They Are Entitled (Maze/Bass)

  • AB 2310 adds a letter verifying the foster youth's prior dependency status to the list of documents to which must be provided to the youth in order for the court to terminate jurisdiction.
  • Modifies Section 391 to make it clear that the birth certificate, social security card, health and education summary and identification card are required to be provided to all youth aging out of the foster care system rather than only "if applicable." It is critical that every foster youth aging-out of the system have these identifying documents.
  • Requires that foster youth aging-out of the child welfare system are in possession of any and all family photographs and/or tribal information from his or her case file.

For the full text of the bill, see AB 2310

AB 2096 - Extracurricular Activities for Foster Youth in Group Homes (Bass)

  • This bill remedies the inadvertent removal of group home providers as a category of caregivers for foster youth empowered to use a "prudent parent standard" in making normal day to day parenting decisions such as whether the youth should attend a particular extracurricular, enrichment or social activity.
  • AB 2096 improves foster children's access to age-appropriate activities and to allow these youth to do things like participate in after-school sports, go to the mall with their friends, and attend birthday parties or school field trips.

For the full text of the bill, see AB 2096

AB 2341 - Preserving Minimum Statutory Timelines for Family Reunification (Maze)

  • Gives families their full statutory right to reunify for the full six and twelve month periods specified in California statute.
  • Prohibits courts from prematurely terminating reunification services just 2 or 3 months into a 6 month review period absent a noticed hearing and a finding by clear and convincing evidence that (1) new evidence or a change of circumstances which would have resulted in a denial of reunification services at the time the initial disposition orders were entered now exists, or (2) that the action or inaction of the parent creates a substantial likelihood that reunification will not occur.

For the full text of the bill, see AB 2341

2007 - Enacted

AB 298 - Supporting relative caregivers (Maze)

  • Clarifies that a relative caregiver's preference for legal guardianship over adoption, so long as it does not mean the relative is unwilling to accept full responsibility for the child, is not a reason to remove the child from the relative's home.
  • Changes the order of preference in the statute governing permanent planning hearings, Welf. & Inst. Code § 366.26(b), so that adoption by a current caregiver is still first, but legal guardianship by a current relative caregiver is ranked higher than adoption by an as-yet-unidentified family.
  • Allows the juvenile court to approve a relative guardianship without requiring proof of a "compelling" reason not to terminate parental rights.
  • Allows relative guardians who experience a crisis in caring for a child to receive family reunification services, to enable the child to return safely to the guardian's home.

For the full text of the bill, see AB 298

 

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