State Codes and Statutes
Statutes > California > Wic > 396-404WELFARE 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.
