SECTIONS 396-404 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 396-404

396. It is the policy of the Legislature that foster care should be
a temporary method of care for the children of this state, that
children have a right to a normal home life free from abuse, that
reunification with the natural parent or parents or another alternate
permanent living situation such as adoption or guardianship is more
suitable to a child's well-being than is foster care, that this state
has a responsibility to attempt to ensure that children are given
the chance to have happy and healthy lives, and that, to the extent
possible, the current practice of moving children receiving foster
care services from one foster home to another until they reach the
age of majority should be discontinued.

397. In order to carry out the policy stated in Section 396, each
county welfare department or probation department shall report to the
State Department of Social Services, in the frequency and format
determined by the department, foster care characteristic data and
care information deemed essential by the department to establish a
foster care information system. The report shall include, but not be
limited to, elements that identify the factors necessitating foster
care placement, the appropriateness of the placement, and the case
goal or objective such as reunification, adoption, guardianship, or
long-term foster care placement.

399. Any minor being considered for placement in a foster home
shall have the right to make a brief statement to the court making a
decision on placement. The court may disregard any preferences
expressed by the minor. The minor's right to make a statement shall
not be limited to the initial placement, but shall continue for any
proceedings concerning continued placement or a decision to return to
parental custody.

400. Any county may institute a program of advocates for pupils in
foster care placement. A participating county shall be responsible
for the nonfederal costs of implementing the program.

401. The program shall utilize educational advocates to assist
children in foster care through the educational system. To the extent
possible, an advocate shall reflect the same racial or ethnic
identification as the pupil being assisted. The educational advocates
shall be required to comply with all statutory and regulatory
provisions regarding standards of confidentiality that are applicable
to children of schoolage who have been placed in foster care. The
responsibilities of an advocate shall include at least the following
duties:
(a) Facilitating the school enrollment of pupils in foster care.
(b) Locating a pupil's transcripts, immunization and school health
records, individual education plans, and having these documents sent
to the school to which the child is applying for enrollment, and to
the department so that the information can be included in the child's
health and education passport.
(c) Educating foster parents regarding how to enroll the pupil in
school and what educational services are available.

402. An advocate and a county participating in this program shall
be held harmless by the state when acting in their official capacity
except for acts or omissions that are found to have been wanton,
reckless, or malicious.

403. An advocate shall not be assigned to assist any minor in
foster care placement who has been appointed a surrogate parent.

404. Any school district that has a foster youth services program
shall not be eligible to participate in the program authorized by
this chapter.