News Release

For Immediate Release:
May 23, 2005
Contact: David W. Miller
(916) 445-6868

Senate Passes Soto's SB 161 -- Youth Access To Information Act

 

The State Senate today approved SB 161, a bill by Senator Nell Soto (D – Pomona) to help arm teens and their families with information about their rights in health and safety matters. Current law provides a variety of rights to students and minors, but does not offer a single source for summarizing these rights.

SB 161, which next heads to the Assembly, would require the California Department of Education to post on its web site a statement (in both English and Spanish) that delineates certain rights of students relative to health and safety issues.

Specifically, Soto’s bill would mandate that by July 1, 2006, the CDE prepare a statement of pupil rights that would include the following declarations:

  • You have the right to consent to medical care related to the prevention or treatment of pregnancy;
  • If you may have come into contact with an infectious, contagious, or communicable disease, you have the right to consent to medical care related to the diagnosis or treatment of that disease if you are 12 years of age or older;
  • You may consent to medical care related to the diagnosis and treatment of an alleged sexual assault and the collection of medical evidence with regard to the alleged sexual assault;
  • You may consent to medical care and counseling relating to the diagnosis and treatment of a drug or alcohol-related problem if you are 12 years of age or older;
  • You may consent to mental health treatment or counseling on an outpatient basis if you are 12 years of age or older;
  • You have the inalienable right to attend classes on school campuses that are safe, secure, and peaceful;
  • You have the right to be free from discrimination on the basis of sex, ethnic group identification, race, national origin, religion, color, mental or physical disability, or any actual or perceived characteristic that is contained in the statutory definition of hate crimes;
  • You have the right to surrender you newborn child to a hospital or a fire station within 72 hours of giving birth without being asked any questions.
  • You have the right to change your mind about giving your baby up for adoption, and to rescind the adoption, within 30 days of relinquishing your child to the Department of Social Services or to a licensed adoption agency;
  • You have the right to be read Miranda warnings prior to any interrogation if you are taken into custody.

“I believe that teens, just like everyone else, deserve to know their rights,” Soto said. “The Youth Access to Information Act will help inform students between 12 and 17 years of age of their rights related to health, education and safety, and will help facilitate a more functional relationship between students, their parents and their schools.”

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