AB 491

This bill authorizes group homes, shelter care facilities, and child welfare agencies that operate a residential care center for children and youth to use video surveillance and recordings in common areas, entrances, and exits without the consent of the child being surveilled or recorded, but must inform the child and the child's parent, guardian, legal custodian, or Indian custodian about the video surveillance and recording. The bill requires all child welfare agencies that operate a residential care center for children and youth, all group homes, and all shelter care facilities to adopt a policy for monitoring safety, which may include the use of video surveillance and recording in common areas, entrances, and exits. The bill provides that the video surveillance and recording authorized under the bill may not be used as a substitute for one-on-one monitoring of a child who is at high risk for self-harm.

The bill provides that, generally, such video data is confidential and not open to public inspection. However, the bill provides that all exceptions to confidentiality that apply under current law with respect to records and information kept by DCF, county departments of human or social services, licensed child welfare agencies, and licensed child care centers about individuals in their care or legal custody also apply to this video data. Under the bill, DCF may review any authorized video recording.

Under current law, generally, an individual who is receiving services for mental illness, developmental disability, alcoholism, or drug dependency (patient) has a right not to be filmed or taped unless the patient signs an informed and voluntary consent. This includes an individual who is admitted to a treatment facility or detained, committed, or placed under the Children’s Code. Under the bill, a patient placed in a residential care center for children and youth, group home, or shelter care facility, may be subject to video surveillance or recording in common areas, entrances, and exits without the patient’s consent as authorized under the bill.