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AB-325 Termination of tenancy: sale of property left behind.(2017-2018)

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Date Published: 03/23/2017 09:00 PM
AB325:v98#DOCUMENT

Amended  IN  Assembly  March 23, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 325


Introduced by Assembly Member Mark Stone

February 07, 2017


An act to amend Section 16001.9 of the Welfare and Institutions Code, relating to foster youth. 1988 of the Civil Code, relating to personal property.


LEGISLATIVE COUNSEL'S DIGEST


AB 325, as amended, Mark Stone. Foster youth: rights. Termination of tenancy: sale of property left behind.
Existing law provides that where personal property remains on the premises after a tenancy has terminated and the premises have been vacated by the tenant, the landlord shall give written notice to the tenant or any other person the landlord reasonably believes is the owner of the property, as specified. Under existing law, if the personal property described in the notice is not released, as specified, it is required to be sold at public sale by competitive bidding.
This bill would require personal property that is sold under these provisions to be done so at public sale subject to competitive bidding and held in the county where the vacated premises are located.

Existing law provides that it is the policy of the state that all minors and nonminors in foster care have specified rights, including, among others, the right to live in a safe, healthy, and comfortable home where he or she is treated with respect.

This bill would make technical, nonsubstantive changes to that provision.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1988 of the Civil Code is amended to read:

1988.
 (a) If the personal property described in the notice is not released pursuant to Section 1987, it shall be sold at public sale by sale, subject to competitive bidding. bidding, to be held in the county where the vacated premises are located. However, if the landlord reasonably believes that the total resale value of the property not released is less than seven hundred dollars ($700), the landlord may retain the property for his or her own use or dispose of it in any manner. Nothing in this section shall be construed to preclude the landlord or tenant from bidding on the property at the public sale.
(b) Notice of the time and place of the public sale shall be given by publication pursuant to Section 6066 of the Government Code in a newspaper of general circulation published in the county where the sale is to be held. The last publication shall be not less than five days before the sale is to be held. The notice of the sale shall not be published before the last of the dates specified for taking possession of the property in any notice given pursuant to Section 1983. The notice of the sale shall describe the property to be sold in a manner reasonably adequate to permit the owner of the property to identify it. The notice may describe all or a portion of the property, but the limitation of liability provided by Section 1989 does not protect the landlord from any liability arising from the disposition of property not described in the notice, except that a trunk, valise, box, or other container which is locked, fastened, or tied in a manner which deters immediate access to its contents may be described as such without describing its contents.
(c) After deduction of the costs of storage, advertising, and sale, any balance of the proceeds of the sale which is not claimed by the former tenant or an owner other than such tenant shall be paid into the treasury of the county in which the sale took place not later than 30 days after the date of sale. The former tenant or other owner may claim the balance within one year from the date of payment to the county by making application to the county treasurer or other official designated by the county. If the county pays the balance or any part thereof to a claimant, neither the county nor any officer or employee thereof is liable to any other claimant as to the amount paid.

SECTION 1.Section 16001.9 of the Welfare and Institutions Code is amended to read:
16001.9.

(a)It is the policy of the state that all minors and nonminor dependents in foster care shall have the following rights:

(1)To live in a safe, healthy, and comfortable home where he or she is treated with respect.

(2)To be free from physical, sexual, emotional, or other abuse, or corporal punishment.

(3)To receive adequate and healthy food, adequate clothing, and, for youth in group homes, an allowance.

(4)To receive medical, dental, vision, and mental health services.

(5)To be free of the administration of medication or chemical substances, unless authorized by a physician.

(6)To contact family members, unless prohibited by court order, and social workers, attorneys, foster youth advocates and supporters, Court Appointed Special Advocates (CASAs), and probation officers.

(7)To visit and contact brothers and sisters, unless prohibited by court order.

(8)To contact the Community Care Licensing Division of the State Department of Social Services or the State Foster Care Ombudsperson regarding violations of rights, to speak to representatives of these offices confidentially, and to be free from threats or punishment for making complaints.

(9)To make and receive confidential telephone calls and send and receive unopened mail, unless prohibited by court order.

(10)To attend religious services and activities of his or her choice.

(11)To maintain an emancipation bank account and manage personal income, consistent with the child’s age and developmental level, unless prohibited by the case plan.

(12)To not be locked in a room, building, or facility premises, unless placed in a community treatment facility.

(13)To attend school and participate in extracurricular, cultural, and personal enrichment activities, consistent with the child’s age and developmental level, with minimal disruptions to school attendance and educational stability.

(14)To work and develop job skills at an age-appropriate level, consistent with state law.

(15)To have social contacts with people outside of the foster care system, including teachers, church members, mentors, and friends.

(16)To attend Independent Living Program classes and activities if he or she meets the age requirements.

(17)To attend court hearings and speak to the judge.

(18)To have storage space for private use.

(19)To be involved in the development of his or her own case plan and plan for permanent placement.

(20)To review his or her own case plan and plan for permanent placement, if he or she is 12 years of age or older and in a permanent placement, and to receive information about his or her out-of-home placement and case plan, including being told of changes to the plan.

(21)To be free from unreasonable searches of personal belongings.

(22)To the confidentiality of all juvenile court records consistent with existing law.

(23)To have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.

(24)To be placed in out-of-home care according to their gender identity, regardless of the gender or sex listed in their court or child welfare records.

(25)To have caregivers and child welfare personnel who have received instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.

(26)At 16 years of age or older, to have access to existing information regarding the educational options available, including, but not limited to, the coursework necessary for vocational and postsecondary educational programs, and information regarding financial aid for postsecondary education.

(27)To have access to age-appropriate, medically accurate information about reproductive health care, the prevention of unplanned pregnancy, and the prevention and treatment of sexually transmitted infections at 12 years of age or older.

(b)This section shall not be interpreted to require a foster care provider to take any action that would impair the health and safety of children in out-of-home placement.

(c)The State Department of Social Services and each county welfare department are encouraged to work with the Student Aid Commission, the University of California, the California State University, and the California Community Colleges to receive information pursuant to paragraph (26) of subdivision (a).