Jim Patterson
- Republican
- Assemblymember
- District 8
Author
(1) Existing law requires the Office of the State Foster Care Ombudsperson to be established in the State Department of Social Services with prescribed powers and duties relating to the management of foster children, including the dissemination of information on the rights of children and youth in foster care. Existing law requires the Director of Social Services, in consultation with a committee of interested individuals chosen by the director, to appoint the ombudsperson for a term of 4 years. Under existing law, the office is required to keep information obtained by the office from a complaint confidential. This bill would define "foster care" for purposes of the ombudsperson's duties to include voluntary or governmental placements in certain residential facilities, with a resource family, or with a family pending approval as a resource family, or placement pursuant to a juvenile court order, as specified. The bill would revise existing selection requirements for the position. The bill would also require the ombudsperson, in the performance of the duties and for the duration of the appointment, to be independent and would prohibit the ombudsperson, in exercising discretion, from being directly or indirectly controlled, supervised, or directed by the director. The bill would prohibit removal of the ombudsperson from their office for exercising their independence and discretion in furtherance of their duties and powers, and would set forth criteria for replacement of the ombudsperson in the event of a vacancy in the office. The bill would require the ombudsperson to maintain confidentiality with respect to the identities of the complainants or witnesses coming before the ombudsperson, except as specified. The bill would authorize the office to establish policies and procedures for receiving and processing complaints, conducting investigations, and reporting findings. The bill would authorize the ombudsperson to access and inspect premises within the control of a state or local agency or a contractor with a state and local agency, and access and inspect a licensed or approved children's residential facility, as specified, for the purpose of carrying out the duties of the office. (2) Existing law provides that, except as otherwise provided by statute, all relevant evidence is admissible. The California Constitution provides for the Right to Truth-In-Evidence, which requires a 23 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified. This bill would prohibit the ombudsperson or their staff from being compelled to testify or be deposed, or to disclose specified records, in a judicial or administrative proceeding. Because this prohibition would affect the admissibility of relevant evidence in criminal proceedings, the bill would require a ⅔ vote of the Legislature. The bill would also immunize the ombudsperson and any representative of the office from liability for exercising the investigative, complaint resolution, and technical assistance functions of the office, as specified. (3) Existing law requires a toll-free telephone number to be established for the office and requires social workers to provide foster children with that telephone number and verbal or written information regarding the existence and purpose of the office. This bill would require probation officers, as well as social workers, to provide foster children with the toll-free telephone number and additional information. By expanding the duties of probation officers, this bill would impose a state-mandated local program. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (4) This bill would incorporate additional changes to Section 16164 of the Welfare and Institutions Code proposed by AB 1140 to be operative only if this bill and AB 1140 are enacted and this bill is enacted last. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Chaptered by Secretary of State - Chapter 293, Statutes of 2021.
Approved by the Governor.
Enrolled and presented to the Governor at 3 p.m.
In Assembly. Concurrence in Senate amendments pending.
Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2567.).
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 3065.).
Assembly Rule 63 suspended. (Page 3063.)
Read second time. Ordered to third reading.
From special consent calendar.
Read third time and amended. Ordered to second reading.
Ordered to third reading.
Ordered to special consent calendar.
From committee: Do pass. (Ayes 7. Noes 0.) (August 26).
Read second time. Ordered to third reading.
In committee: Hearing postponed by committee.
From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (July 13). Re-referred to Com. on APPR.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
From committee: Do pass and re-refer to Com. on RLS with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (July 6). Re-referred to Com. on RLS.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HUMAN S.
In committee: Set, first hearing. Hearing canceled at the request of author.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1251.)
Read second time. Ordered to Consent Calendar.
From committee: Do pass. To Consent Calendar. (Ayes 14. Noes 0.) (April 21).
Coauthors revised.
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (April 7). Re-referred to Com. on APPR.
From printer. May be heard in committee February 26.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB317 | HTML |
| 01/26/21 - Introduced | |
| 06/29/21 - Amended Senate | |
| 07/07/21 - Amended Senate | |
| 09/03/21 - Amended Senate | |
| 09/13/21 - Enrolled | |
| 09/24/21 - Chaptered |
| Document | Format |
|---|---|
| 04/06/21- Assembly Human Services | |
| 04/19/21- Assembly Appropriations | |
| 07/02/21- Senate Human Services | |
| 07/09/21- Senate Judiciary | |
| 08/20/21- Senate Appropriations | |
| 08/28/21- Sen. Floor Analyses | |
| 09/07/21- Sen. Floor Analyses | |
| 09/09/21- ASSEMBLY FLOOR ANALYSIS |
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