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Parents, courts other appropriate adults to get notification immediately when foster kids missing

Governor signs Ramos bill on California Native American Day

For immediate release:

SACRAMENTO—Gov. Gavin Newsom today signed a bill requiring county social workers and probation officers to immediately notify appropriate adults when foster children and youth are missing. It was one of seven tribal-related bills approved on California Native American Day.

Assemblymember James C. Ramos (D-San Bernardino) authored the measure, AB 2108, titled the Luke Madrigal Act, named after Cahuilla Band of Indians tribal member who served on his tribe’s council, and generously gave his time to the National Indian Child Welfare Association, Riverside County Tribal Alliance for American Indian Children and Families, and the American Indian Community Foundation.

“When foster go missing, county welfare offices are routinely out of compliance with minimum California Department of Social Services guidance standards and both state and federal law. When a child is missing, every minute counts so it’s critical that adults who bear responsibility for their welfare are notified as quickly as possible so they can assist in finding the missing youth,” Ramos said. “This bill would apply to all children, but the risk is magnified for Native American children who enter this system at a rate at 2.7 times their representation in the population, the highest of any racial group.”

AB 2108 would require notification to parents or legal guardians, their attorneys, court-appointed special advocates, the court of jurisdiction and others.

In 2022, the U.S. Department of Health and Human Services Office of the Inspector General  issued an audit that reported California had the highest number of child deaths while missing.

“Missing foster children are at great risk and account for much of the MMIP crisis,” said Joseph L. James, the Yurok Tribe’s Chairperson. “This bill will ensure that more measures are taken to find and support our most vulnerable youth.”

Kristin Power, Vice President of Policy and Advocay for the Alliance for Children’s Rights added, “Locating children and youth missing from foster care is a time-sensitive and critical undertaking for the safety and well-being of the child. There are many reasons why children go missing or run away while in foster care. Running behavior is often connected to a trauma response or an unmet need in a child's life. For example, a child may run if they are placed in a home or community where their identity, culture or religion is not understood or accepted or where they feel emotionally or physically unsafe.”

Power added, “Nationally, almost 20 percent of the children who ran from the care of child welfare and were reported to the national database of missing children in 2023 were likely victims of child sex trafficking. AB 2108 will protect children by creating a more family-centered and child-focused process to locate, return, and stabilize children and youth who go missing while in the care, custody, and control of the child welfare system. The Alliance for Children’s Rights thanks Governor Newsom for creating greater transparency and action when children and youth are missing from foster care by signing AB 2108.”

The Yurok Tribe, California Tribal Families Coalition and Alliance for Children’s Rights are sponsors. Other supporters include the Cahuilla Band of Indians, Habematolel Pomo of Upper Lake, Picayune Rancheria of the Chukchansi Indians, Rincon Band of Luiseno Indians, Santa Ynez Band of Chumash Indians, Tejon Indian Tribe, Tule River Tribe, California Alliance of Caregivers, California Coalition for Youth, California Court Appointed Special Advocate Association, California Partnership to End Domestic Violence, California Teachers Association, All for Kids,              California Tribal Business Alliance, Strong Hearted Native Women’s Coalition, Inc., Children’s Bureau of Southern California, John Burton Advocates for Youth and Smart Justice California.

Other Ramos tribal bills signed today include:

  • AB 81 reinforces California protections for Native American families and the Indian Child Welfare Act
  • AB 1284 encourages the Natural Resources Agency, and its departments, boards, conservancies, and commissions, to enter into cogovernance and comanagement agreements with federally recognized tribes
  • AB 1821 requires that the impact of the Mission and Gold Rush eras on California Native Americans is taught
  • AB 1863 requires California Highway Patrol (CHP) to state reasons for denying request for a Feather Alert, a public notification system used when Native Americans are missing and overseen by the CHP
  • AB 2348 revises and strengthens California’s Feather Alert, requiring law enforcement agencies to respond within 24 hours of a request, and also allowing for tribal governments to directly communicate with the State.
  • AB 2695 requires specified entities reporting criminal record data to the Department of Justice to disaggregate the data based on whether incidents took place in Indian country.

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Assemblymember James C. Ramos proudly represents the 45th Assembly district that includes the Cities of Fontana, Highland, Mentone, Redlands, Rialto and San Bernardino. He is the first and only California Native American serving in the state’s legislature. Ramos chairs the Assembly Budget Subcommittee #6 on Public Safety.