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<body topmargin=0 leftmargin=0 marginheight=0 marginwidth=0> <table cellpadding=0 cellspacing=0 border=0 height="100%"><tr> <td valign="top" width=168 BGCOLOR="#000000" TEXT="#F7F7FF" background="042a11c3.gif"> <bR> <div> <IMG SRC="15362530.gif" border=0 width="98" height="83" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></div> <bR> <div> This page will have information on recent laws and upcoming Retreats & Conferences.</div> <div> Check here often!</div> <bR> <bR> <div> <FONT SIZE="2" COLOR="#FFFFCC" FACE="Arial" >For more information contact us at: </FONT> <A HREF="mailto:FKCE@volcano.net" TARGET="_top" TITLE="mailto:FKCE@volcano.net"><U>FKCE@volcano.net</U></A> </div> </td> <td valign="top" BGCOLOR="#FFFFFF" TEXT="#080000"> <div> <FONT SIZE="5" COLOR="#99CC00" FACE="Arial" ><B>Foster & Kinship Care Education </B></FONT><FONT SIZE="1" COLOR="#FFCC99" FACE="Arial" >    </FONT><FONT SIZE="1" COLOR="#FFFFFF" FACE="Arial" >htmlAmador County, Foster Care, Kinship Care, Adoption, Foster Parenting , Foster Care Training, Foster Homes, Foster Children, ElDorado County, Foster Careing, Foster Parent, Foster Care Training, Amador County Foster Care,Folsom Lake College</FONT>|   <A HREF="index.htm" TARGET="_top" TITLE="Foster Kinship Care Education "><U><B>home</B></U></A></div> <div> <IMG SRC="041f4010.gif" border=0 width="500" height="1" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></div> <DIV ALIGN="LEFT"></DIV> <div> New Laws<FONT SIZE="5" COLOR="#00FF00" FACE="Arial" > </FONT></div> <div> <B><U>GREAT NEWS!</U></B><U> </U>Governor Schwarzenegger signed a package of foster care legislation, including the first priority for our LAPP Leaders Group. The Governor signed AB 298 by Assemblymember Bill Maze that ensures that children will not be removed from relative caregivers for the sole reason that their relative caregivers prefer to take legal guardianship rather than adopt the children. Also, please note that our 5% rate increase went through. </div> <bR> <div> <B><U>New statewide rules</U></B><FONT SIZE="2" COLOR="#000000" FACE="Arial" > and forms that our LAPP legislation (SB 1667) required just took effect on October 1. Current foster and kinship parents (Including FFA certified foster parents) have a right to provide the juvenile court with information about the child in their home. This statewide court rule and the forms are intended to make it easier for courts to comply with the law and for caregivers to have their voices heard in court. LAPP worked with the Administrative Office of the Courts on this. YOU DO NOT NEED TO “SERVE” ATTORNEYS ANYMORE – THE COURT CLERK WILL DO THAT FOR YOU. Let us know if you have questions on these materials.</FONT></div> <div> California Rule of Court 5.534 </div> <div> <U>www.courtinfo.ca.gov/rules/amendments/oct2007.pdf</U> </div> <div> JV-290 <U>www.courtinfo.ca.gov/forms/documents/jv290.pdf</U></div> <div> JV-290INFO <U>www.courtinfo.ca.gov/forms/documents/jv290info.pdf</U> </div> <div> Regina Deihl</div> <div> Executive Director</div> <div> Legal Advocates for Permanent Parenting (LAPP)</div> <div> 3182 Campus Drive, Suite 175</div> <div> San Mateo, CA 94403</div> <div> Telephone: (650) 712-1442</div> <div> Fax: (650) 712-1637</div> <div> <U>rdeihl@LAPPonline.org</U></div> <div> <U>www.LAPPonline.org</U></div> <bR> <div> <B>In addition, the following legislation was also signed into law: </B></div> <div> <B><U><IMG BORDER="0" SRC="Symb075c00b700dc00000000.gif" HEIGHT="15" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">AB 1331</U></B> by Assemblymember Noreen Evans (D-Santa Rosa) which ensures foster youth with disabilities access to critical services that will support them in their transition to adulthood. It requires counties to screen foster youth between the age of 16 ½ and 17 ½ to determine their potential eligibility for federal Supplemental Security Income (SSI) disability benefits and to make applications for those who may be eligible. </div> <div> <B><U><IMG BORDER="0" SRC="Symb075c00b700dc00000000.gif" HEIGHT="15" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">AB 1453</U></B> by Assemblymember Nell Soto (D-Ontario) which convenes calls for the development and testing of a plan to transform the current system of group care for foster children and for children with serious emotional disorders into a system of residentially-based services (RBS) that is focused on improving outcomes. </div> <div> <B><U><IMG BORDER="0" SRC="Symb075c00b700dc00000000.gif" HEIGHT="15" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">SB 785</U></B><B> </B>by Senator Darrell Steinberg (D-Sacramento) that facilitates access to mental health services for foster children who are placed outside of the original county of jurisdiction, including those being adopted or entering into a guardianship with a relative. </div> <div> <B><U><IMG BORDER="0" SRC="Symb075c00b700dc00000000.gif" HEIGHT="15" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">SB 39</U></B> by Senator Carole Migden (D-San Francisco) that allows the public release of specified portions of juvenile case files of any child who has suffered a fatality as the result of substantiated abuse or neglect. </div> <div> <B><U><IMG BORDER="0" SRC="Symb075c00b700dc00000000.gif" HEIGHT="15" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">AB 340</U></B><B> by Assemblymember Loni Hancock (D-Berkeley) which creates the Resource Family Pilot Program to establish a unified approval process for foster family homes, foster care providers and adoptive families. This program will streamline applications and reduce the duplicative process that foster and adoptive families must complete before foster youth can be placed in a safe, permanent home. </B></div> <div> <B><U><IMG BORDER="0" SRC="Symb075c00b700dc00000000.gif" HEIGHT="15" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">AB 1512</U></B> by Assemblymember Alberto Torrico (D-Fremont) that creates an expedited process to ensure the continued provision of health benefits when foster youth are transferred from a county organized health system to an out-of-county placement. </div> <div> <B>Governor Schwarzenegger also signed </B><B><U>AB 402</U></B><B> by Assemblymember Fiona Ma (D-San Francisco) which amends the inter-familial exemptions for property transfers and allows foster parents to transfer their property to current or former foster youth without the value of the property being reassessed for property tax purposes. </B></div> <div> The Governor’s 2007-08 budget includes $4.1 billion ($1.6 billion General Fund) to support child welfare, including abuse prevention, foster care and adoption and foster care services, a 4.5 percent increase over revised 2006 Budget Act levels. Major investments in the child welfare system include:</div> <div> <IMG BORDER="0" SRC="Symb075c00b700dc00000000.gif" HEIGHT="15" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">An increase of $3.7 million ($2 million General Fund), effective February 1, 2008, to double the reimbursement rate for non-profit private adoption agencies that specialize in finding permanent homes for children with high needs. </div> <div> <B><IMG BORDER="0" SRC="Symb075c00b700dc00000000.gif" HEIGHT="15" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">An increase of $17.2 million ($9.6 million General Fund), effective January 1, 2008, to provide a 5-percent increase to foster family home base rates, specialized care increments, and group home rates; Adoption Assistance Program cases prospectively; and all Kin-GAP and Emergency Assistance cases. </B></div> <div> <IMG BORDER="0" SRC="Symb075c00b700dc00000000.gif" HEIGHT="15" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">An increase of $30.8 million ($15.2 million General Fund) to create a standard rate paid to foster care and adoptive families who care for children with developmental disabilities. These children are served by both the Department of Social Services and the Department of Developmental Services. The effect of this change will be an expedited and streamlined process for families accessing services through this program. Under this change, the vast majority of families will receive a rate increase and no family will see a decrease. Children will continue to receive all necessary services related to their developmental disability through the regional center system. </div> <div> <IMG BORDER="0" SRC="Symb075c00b700dc00000000.gif" HEIGHT="15" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">An increase of $20.2 million General Fund to increase participation in the Transitional Housing Plus Program, which provides services to youth between 18 and 24 years of age emancipating from the foster care system. </div> <div> Governor Schwarzenegger proclaimed May 2007 as “Foster Care Month” to applaud foster families for instilling emotional nourishment and hope into children who need a stable, loving home life. </div> <div> Best,</div> <bR> <div> <B>California Law on January 1, 2007</B></div> <bR> <div> <I>B</I><FONT SIZE="2" COLOR="#000000" FACE="Arial" ><I>y Frank D. Russo</I></FONT></div> <div> Here is a partial list of Assembly Bills that have been signed into law and will take effect as of the first of the New Year. To read any of these new laws, visit the <FONT SIZE="2" COLOR="#0000FF" FACE="Arial" ><U>"Bill Search"</U></FONT> page of the California Legislature and make sure to enter the 2005-2006 Session. The description of these bills is from the Assembly Speaker's Press Office.</div> <bR> <div> <B><U>Foster Care</U></B></div> <bR> <div> <B>AB 2195 (Bass)</B> allows for the assessment of a foster child's relative or non-relative extended family member to act as a temporary, emergency placement in the event that the child's current foster caregiver is suddenly and unexpectedly unavailable to provide care for the child. </div> <bR> <div> <B>AB 2216 (Bass)</B> the Child Welfare Leadership and Performance Accountability Act of 2006: Addresses the lack of coordination among state and county agencies, leading to vast inconsistencies in services. This measure attempts to create a structure for leadership and accountability for all who oversee, coordinate and provide foster-care services by calling on the state to review ways to unify counties, courts and the state. </div> <bR> <div> <B>AB 2480 (Evans)</B> requires legal representation for foster children and youth when legal issues are pursued on appeal. </div> <bR> <div> <B>AB 2031 (Cohn)</B> requires the Department of Social Services to issue model guidelines to counties to identify relatives as potential foster caregivers as a more stable and healthy placement for children and youth in foster care. </div> <bR> <div> <B>IMPLEMENTATION PLAN FOR AB 490 </B></div> <div> <B>A SCHOOL BLUEPRINT</B></div> <bR> <div> AB 490, effective January 1, 2004, seeks to ensure that all of California's foster children (children supervised by either probation or child welfare placed in group homes, licensed foster homes, with relatives or nonrelative-extended family) have a meaningful opportunity to meet the challenging state pupil academic achievement standards to which all pupils are held.  Educators, county placing agencies, care providers, advocates and the juvenile court are expected to work together to ensure that each pupil is placed in the least restrictive educational placement and has access to the academic resources, services, and extra curricular and enrichment activities that are available to all pupils.  Accordingly, schools will be required to implement a variety of procedures to ensure effective application of these new laws</div> <bR> <div> The overarching goal of AB 490 is to improve academic attainment for foster children by promoting school stability and identifying a clear preference for enrollment in regular public schools.  The key components of school responsibilities that will ensure implementation of this enactment are summarized below.</div> <bR> <div> Foster Care Liaison</div> <bR> <div> Each local education agency must <B>appoint</B> an educational liaison for foster children (both wards and dependents). </div> <bR> <div> The liaison shall ensure and facilitate proper school <B>placement, enrollment, transfer of credits, records and grades, and checkout</B> from school.  <I>EC 48853.5 (b)(1)</I>.  Transfers must be processed within two business of receiving the request. <I> EC 48853.5(d)(4)(C).</I></div> <bR> <div> <B>School Stability</B></div> <bR> <div> Whenever <B>a change in foster child's residence </B>occurs, the foster child has a right to <B>remain in the school of origin</B> for the duration of the school year. </div> <bR> <div> <B>Placement Pending Dispute Resolution</B></div> <bR> <div> If a <B>dispute</B> arises regarding school placement, the pupil has the right to remain in the school of origin pending resolution of the dispute.</div> <bR> <div> <B>Preference for Regular School Placement</B></div> <bR> <div> Children placed in a licensed children's institution or foster family home <B>shall</B> <B>attend a mainstream public school program</B> <I>unless</I> the child has an individualized education program (IEP) requiring placement in a non-public school or agency or in another local educational agency (<I>WIC 48853(a)(1</I>)); or<B> </B>the person holding educational rights determines that it is in the best interest of the pupil to be placed in another educational program, or that the pupil continue in his or her school of origin pursuant to EC 48853.5(d)(1) (<I>WIC 48853(a)(2)).</I></div> <bR> <div> Before placement in a Juvenile Court school, continuation, alternative<B>, </B>or nonpublic<B> </B>school,<B> </B>the parent or person holding educational rights shall <B>first consider placement in the regular public school</B> (does not apply to a pupil detained in a county juvenile hall, or committed to a county juvenile ranch, camp, forestry camp, or regional facility).  <I>EC 48853(b).</I></div> <bR> <div> <B>Request or Recommendation in Regard to School Enrollment</B></div> <bR> <div> The foster care liaison, in consultation with and the agreement of the foster child and the person holding educational rights for the foster child, may, in accordance with the foster child's best interests, recommend that the foster child be enrolled in any public school that pupils living in the attendance area in which the foster child resides are eligible to attend.  <I>EC 48853.5(d)(2).  </I>Any such recommendation must state in writing why this change is in the pupil's best interest.</div> <bR> <div> <B>Immediate Enrollment</B></div> <bR> <div> Once it is determined that the foster child will indeed be changing schools, the new school<B> must immediately enroll</B><I> </I>the foster child even if the foster child is unable to produce records or clothing normally required for enrollment, such as previous academic records, medical records, proof of residency, other documentation, or school uniforms.  <I>EC 48853.5(d)(4)(B)</I></div> <bR> <div> Upon receiving a transfer request from a county placing agency or new local educational agency, the local educational agency shall, <B>within two business days</B>, transfer the pupil out of school and deliver the educational information and records (including determination of seat time, full or partial credits earned, classes, grades, immunizations, and IEP or 504 Plan).  <I>EC 49069.5 (d) and (e); EC 48853.5(d)(4)(C</I>) </div> <bR> <div> <B>County Placing Agency Access To Student Records</B> </div> <bR> <div> Schools shall release student records to any county placing agency (including Probation and Child Welfare), without parental consent or court order, for the purpose of fulfilling the requirements of the health and education summary pursuant to Section 16010 of the Welfare and Institutions Code or for the purpose of fulfilling educational case management responsibilities required by the juvenile court or by law and to assist with the school transfer or enrollment of a pupil.  <I>EC 49076</I></div> <bR> <div> School Credit Calculation</div> <bR> <div> Each public school district and county office of education shall accept for credit full or partial coursework satisfactorily completed by a pupil while attending a public school, juvenile court school, or nonpublic, nonsectarian school or agency. <I>EC 48645.5</I></div> <bR> <div> Grade Protection  </div> <bR> <div> Schools shall not lower grades of a child in foster care due to absences from school because of a change in placement, attendance at court hearing, or other court-related activity.  <I>EC 49069.5(h)</I></div> <bR> <div> Diplomas</div> <bR> <div> If a pupil completes the graduation requirements of the school district of residence while being detained, the school district of residence shall issue to the pupil a diploma from the school the pupil last attended before detention or, in the alternative, the county superintendent of schools may issue the diploma.  <I>EC 48645.5</I></div> <bR> <div> Foster Caregiver Authority To Consent To IEP Program And Related Services </div> <bR> <div> A foster parent has, under certain circumstances, the educational rights with respect to consenting to Individualized Education Programs (IEP) and related services.  <I>EC 56055; WIC 366.27; WIC 726</I></div> <bR> <div> Consent To Life Quality Assessment For Regional Center Clients Who Are Wards Or Dependents Of Juvenile Court</div> <bR> <DIV ALIGN="LEFT"></DIV> <div> The juvenile court or agency may consent to a life quality assessment for developmentally disabled ward or dependent.  The school shall provide the court or agency with a copy of the assessment upon req</div> <bR> <div> <B>PRESERVING QUALITY OF LIFE FOR </B></div> <div> <B>YOUTH IN FOSTER CARE</B></div> <div> <B>(Newly enacted Welfare & Institutions Code Sec. 362.05)</B></div> <bR> <div> <B>Assembly Bill 408, effective January 1, 2004, seeks (in part) to improve all foster children's access to age-appropriate enrichment, extracurricular and social activities.</B></div> <DIV ALIGN="LEFT"></DIV> <div> <B>Ultimate Goal</B></div> <div> <B>Ensures that </B><B>every foster child's quality of life </B><B>not be compromised simply by virtue of their foster case status.  Foster children are to have access to, and be able to participate in, age-appropriate extracurricular, enrichment and social activities.</B></div> <DIV ALIGN="LEFT"></DIV> <div> <B>The Law</B></div> <div> <B>Quality of Life:  </B><B>Establishes the right of all foster children to live as normal a life as possible and participate in age-appropriate extracurricular, enrichment, and social activities (WIC 362.05).  </B></div> <bR> <div> <B>State and local regulations may not prevent or create barriers to participation in these activities</B></div> <bR> <div> <B>Each state and local entity shall ensure that the private agencies providing care to foster children have policies that promote and protect the ability of children to participate in age-appropriate extracurricular, enrichment, and social activities</B></div> <bR> <div> <B>Caregivers have an obligation to allow children in their care to participate in age-appropriate extracurricular, enrichment and social activities  </B></div> <bR> <div> <B>Caregivers are expected to make normal day-to-day parenting decisions and are to act as a prudent parent in determining whether to give permission for a child to participate in any of these activities.  In particular, caregivers shall take reasonable steps to determine the appropriateness of the activity in consideration of the child's age, maturity, and developmental level.</B></div> <bR> <div> <A HREF="id75.htm" TARGET="_top" TITLE="New licensing information"><U><B>New licensing information, check it out! </B></U></A></div> <div> <B> </B></div> <bR> </td> </tr></table></body>