HomeMy WebLinkAboutMINUTES - 03241987 - S.1 TO: BOARD OF SUPERVISORS
FROM: r Supervisor Nancy Fanden Contra
March 13 , 1987 Costa
DATE: 40 County
ANALYSIS_ _O_F AB 1221---- FOSTER CARE BENEFITS
SUBJECT: t - -"
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
REQUEST:
That Phil Batchelor, County Administrator, do an analysis of
Assemblyman. Rusty Areais' recently introduced legislation to
provide state foster care benefits to foster children living
with related foster parents: AB 1221.
BACKGROUND:
Elizabeth R. Arnold, Attorney At Law, working for the Contra
Costa Legal Services Foundation, has brought to my attention
AB 1221.
It' s believed that provision of state foster care benefits
to foster children in the homes of relatives would allow
many more low income relatives to provide foster care for
family members for whom they are not legally responsible.
This could be an important part of a solution for the
County' s current problem of finding placements for children
whose parents cannot care for them.
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CC: County Administrator ATTESTED _ March 24, 1987
a J.R. OLSSON, COUNTY CLERK
AND EX OFFICIO CLERK OF THE BOARD
Msa2/7-e3 BY ' DEPUTY
LAW OFFICES OF
CONTRA COSTA LEGAL SERVICES FOUNDATION
MAIN OFFICE
1017 MACDONALD AVENUE, P.O. BOX 2289
MARK GOLDOWITZ RICHMOND, CALIFORNIA 94802
TELEPHONE
EXECUTIVE DIRECTOR March 4 , 1987
(415)233-9954
Nancy Fanden
District 2
Contra Costa County
Board of Supervisors
P. 0. Box 911
Martinez, CA 94553
Dear Supervisor Fanden:
Because of your interest in funding adequate care for
children in crisis, we wanted to let you know about a newly
introduced piece of legislation in Sacramento.
This office litigated the issue of state foster care
benefits for foster children placed with relatives in a
statewide class action lawsuit entitled King v. McMahon (San
Francisco Superior Court, #786 370, filed 1981) . We argued that
it was a denial of equal protection to refuse state foster care
benefits to foster children who would be eligible for benefits
if they were living with non-related foster parents but who are
not eligible under current state law because they are living
with foster parents who are related to them (e. g. grand-parents,
aunts) . The trial court agreed with us but, unfortunately, the
Court of Appeals and recently the state Supreme Court did not.
However, Assemblyman Rusty Areais (25th Dist. ) recently
introduced legislation to provide state foster care benefits to
foster children living with related foster parents: AB 1221 .
We believe that provision of state foster care benefits to
foster children in the homes of relatives would allow many more
low income relatives to provide foster care for family members
for whom they are not legally responsible. This could be an
important part of a solution for the County' s current problem of
finding placements for children whose parents cannot care for
them.
Please call me if you need more information.
Si
ELIZABETH R. ARNOLD
ATTORNEY AT LAW
ERA:vh
cc: Dean Lucas