2009 California Penal Code - Section 7440-7445 :: Chapter 17. Children Of Incarcerated Parents

PENAL CODE
SECTION 7440-7445

7440.  The California Research Bureau in the California State
Library shall conduct a study of the children of women who are
incarcerated in state prisons. The California Research Bureau shall
design and complete the study, surveying selected state prisoners in
cooperation with the Department of Corrections, and reviewing the
records of local agencies to obtain outcome information about a
sample of women prisoners' children.

7441.  The purpose of the survey of state prisoners is to determine
how many have children and to gather basic information about the
children to include the following variables, among others:
   (a) Number.
   (b) Age.
   (c) Siblings.
   (d) Location.
   (e) Caregiver.
   (f) Grade and performance in school.
   (g) Medical issues.
   (h) Possible delinquency.
   (i) Visitation.
   (j) Possible involvement in the child welfare system.
   (k) Other pertinent information.

7442.  (a) The purpose of the review of local agency records, in a
representative sample of California counties, is to obtain outcome
information about the status of a sample of the children of
incarcerated parents and their caregivers.
   (b) Women prisoners who participate in the survey sample of state
prisoners shall provide written permission allowing the California
Research Bureau access to their children's records in regard to
school performance, identity of the caretaker responsible for the
child, child protective services records, public assistance records,
juvenile justice records, and medical records including drug or
alcohol use, and mental health. The California Research Bureau shall
follow appropriate procedures to ensure confidentiality of the
records and to protect the privacy of the survey participants and
their children.
   (c) County agencies, including members of multidisciplinary teams,
and school districts shall permit the California Research Bureau to
have reasonable access to records, pursuant to subdivision (b), to
the extent permitted by federal law.
   (d) Notwithstanding Section 10850 of the Welfare and Institutions
Code, the survey required by this section is deemed to meet the
research criteria identified in paragraph (3) of subdivision (c) of
Section 11977 of the Health and Safety Code, and subdivision (e) of
Section 5328 of the Welfare and Institutions Code. For purposes of
this study, the research is deemed not to be harmful for the at-risk
and vulnerable population of children of women prisoners.
   (e) For purposes of the study only, the California Research Bureau
is authorized to survey records, reports, and documents described in
Section 827 and in paragraph (3) of subdivision (h) of Section
18986.4 of the Welfare and Institutions Code, and information
relative to the incidence of child abuse, as provided by Section
11167, among children in the study sample.
   (f) School districts shall permit reasonable access to directory
information by the California Research Bureau for purposes of this
study. The California Research Bureau is deemed an appropriate
organization to conduct studies for legitimate educational interests,
including improving instruction, for purposes of paragraph (4) of
subdivision (b) of Section 4906 of the Education Code. School
variables that the California Research Bureau shall survey shall
include, but not be limited to, attendance patterns, truancy rates,
achievement level, suspension and expulsion rates, and special
education referrals.

7443.  The California Research Bureau shall follow appropriate
procedures to ensure confidentiality of the records and to protect
the privacy of the survey participants and their children, and
participating agencies. Data compiled from case files shall be coded
under an assigned number and not identified by name. Survey
questionnaires and coding forms shall be exempt from the public
disclosure requirements prescribed by Chapter 3.4 (commencing with
Section 6250) of Division 7 of Title 1 of the Government Code.

7444.  The California Research Bureau shall convene an advisory
group to assist in designing and administering the study.

7445.  The California Research Bureau shall submit a report to the
Legislature on or before January 1, 2003, analyzing the findings of
its research, upon completion of the study.
   (a) Of the funds identified in provision (2) of Item 6120-011-0001
of the 2000-01 State Budget, forty thousand dollars ($40,000) shall
be made available, in consultation with the Assembly Rules Committee,
to be used for the purposes of this act, including, but not limited
to, contracts for outside researchers.
   (b) Members of the advisory group convened pursuant to Section
7444 of the Penal Code, shall not receive compensation for their
services but shall be reimbursed for travel and per diem expenses
incurred while assisting in designing and administering the study
required by this act. These expenses may be paid from the forty
thousand dollars ($40,000) made available in subdivision (a).


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