Sacramento County Public Law Library

Everyday Law: New Bullying Laws in California

2012-02-01T22:50:10Z

Bullying has been in the news a lot lately, particularly when something tragic happens to the child being tormented. Students, parents, and educators are wondering what laws are available to help prevent bullying and what can be done to stop it. A bully is defined as “a blustering, quarrelsome, overbearing person who habitually badgers and intimidates smaller or weaker people”.

California already has several laws in place to protect children from being bullied, including the California Safe Place to Learn Act located in the California Education Code §234(b) which ensures “local educational agencies continue to work to reduce discrimination, harassment, violence, intimidation, and bullying”. The current laws will be strengthened by two new laws aimed to further prevent bullying in schools.

Previously, the California Education Code §§ 32261, 32265, 32270, and 48900 defined bullying of pupils to include bullying committed by means of an electronic act, and authorizes school officials to suspend or recommend for expulsion pupils who engage in bullying. Assembly Bill 746 Ch. 72, which took effect January 1, 2012, amended §32261, to include social networking sites. The code now states “bullying, including bullying committed personally or by means of an electronic act, which includes the posting of messages on a social network Internet Website…”. Common Sense Media has developed helpful tips for parents to help combat cyber bullying.

Another new law, Assembly Bill 9 Ch. 723, sometimes referred to as Seth’s Law is set to go into effect July 1, 2012. Seth’s Law strengthens existing policies in California schools by requiring that all schools have an anti-bullying policy and more importantly, the law enacts a timeline that school officials must follow when investigating student claims of bullying.

The California Department of Education has created Frequently Asked Questions, that provide information for educators, students, families, and community safety partners who wish to educate themselves and others about effective measures to prevent bullying and respond to it. They have also created sample policies that your institution can use to implement a no bullying policy.

For more information on this and other “Everyday Law” subjects, visit the Sacramento County Public Law Library, “Providing Free Public Access to Legal Information for over 100 years.”

By Robyn M. Moltzen, Public Services Librarian

Everyday Law: Conservatorships

2011-06-01T23:29:48Z

If you have a close friend or family member who is suffering from severe physical or mental illness, recovering from a serious accident, or declining mentally or physically as a result of aging, they may need your help, including finding a place to live, obtaining healthcare, or depositing checks in the bank. Even if it is only a temporary situation, a conservatorship may be the answer for you to take of your loved one.

A conservatorship is a legal arrangement on which a responsible adult or organization oversees the personal care or financial matters of another adult considered to be incapable of managing alone. The person who cannot care for him or herself is called the conservatee. The person or organization the judge chooses to do this is known as the conservator. A conservator can be a family member, friend or professional person.

California law on conservatorships can be found in the Probate Code beginning at section 1800. A California conservatorship must be formally established through a court proceeding. There are two types of conservatorships. A General Probate Conservatorship is for all adults who are unable to provide for their personal needs due to conditions rendering them incapable of caring for themselves or making them subject to undue influence. A Limited Probate Conservatorship applies when the person is developmentally disabled. In this type of conservatorship, the powers of the conservator are limited so that the disabled person may live as independently as possible.

The proposed conservator must first file a Petition for Conservatorship to initiate the court proceeding. Once the petition has been filed, the clerk will set the matter for hearing. The hearing will generally be set 45 days from the date of filing. Sacramento County may have some local forms requirements. If the Conservatorship of the Person is granted, possible duties may include making arrangements for the conservatee’s care and protection, deciding where the conservatee will live, and making arrangements for the conservatee’s meals, health care, clothing, transportation, and overall well being. If you are named Conservator of the Estate, duties may include managing the conservatee’s finances, controlling and protecting all assets and income, paying the conservatee’s bills, and most importantly, provide an accounting to the court regarding the management of funds. Read the Handbook for Conservators or visit the California Courts Website to learn more about conservatorships and the procedures for obtaining one.

If the process seems a little daunting, there may be legal alternatives to a conservatorship. If the person is able to understand and is willing to sign a Power of Attorney or Advanced Health Care Directive, these may be all that is needed for the person to be well cared for. Ask the reference librarian for books with sample forms and general information that cover all of these topics.

For more information on this and other “Everyday Law” subjects, visit the Sacramento County Public Law Library, “Providing Free Public Access to Legal Information for over 100 years.”

Everyday Law: Caregiver’s Authorization Affidavit - An Alternative to Guardianship

2010-09-28T16:24:47Z

Frequently parents find that they need someone else, often a grandparent or other family member, to care for and make decisions for their children, but they do not want to establish a formal guardianship. There are a variety of factors that can attribute to why parents and the person who has care and physical custody of a minor may not want to pursue a legal guardianship. Some of the factors may include a difficult relationship between the parents and caregiver, parents’ refusal of consent to a legal guardianship, or the caregiver may not want the hassle of applying for legal guardianship. More often it is the case that the caregiver will be taking care of the minor only temporarily

As an alternative to a legal guardianship, caregivers can sign a Caregiver’s Authorization Affidavit. A Caregiver’s Authorization Affidavit is an official form based on California’s recognition that adults who have minors living with them are “caregivers” who often want and need to take some responsibility for the minor’s education and other care. A relative who has signed a Caregiver’s Authorization Affidavit may enroll a child in public school, make school-related medical decisions, and make other important decisions on the minor’s behalf. Non-relatives may also use this form to enroll a child in school and to receive school related medical treatment. According to California Law, schools and medical care providers must accept this form if it completed correctly. It is important to note that only the caregiver is required to sign the form, not the minor’s parents. California Law specifically sets out the requirements for the affidavit. Once completed, the affidavit should be notarized. For more general information on other alternatives to guardianship, visit the California Courts Self-Help website.

A blank Caregiver’s Authorization Affidavit is available at the Sacramento County Superior Court website under local forms. Information on how to complete the form can be found in “The Guardianship Book for California: How to Become a Child’s Legal Guardian” published by Nolo Press. This book is available for review at the Sacramento County Public Law Library and at large bookstores.

For more information on this and other “Everyday Law” subjects, visit the Sacramento County Public Law Library, “Providing Free Public Access to Legal Information for over 100 years.”

Everyday Law: Identity Theft

2010-02-05T01:51:50Z

Identity theft occurs when someone uses your personally identifying information, like your name, Social Security number, or credit card number, without your permission, to commit fraud or other crimes. Any person who obtains, or attempts to obtain, credit, goods, services, real property, or medical information without the consent of the individual is guilty of a crime according to California law. Identity theft is a very serious crime and can have disastrous effects on the person who is victimized. Potential victims need to act quickly in order to minimize the damage. “Know Your Rights: California Identity Theft Victims’ Rights” discusses victims’ rights and can assist consumers in clearing up fraudulent records and avoid paying debts that they did not create.
If you or someone you know is a victim of Identity Theft, the California Office of Privacy Protection provides an“Identity Theft Victim Checklist” which can assist victims in clearing up their records. According to the checklist, once you are a victim, one of the first things you should do is report the crime to your local police department. Make several copies of the report and be prepared to distribute the police report to creditors and the major credit bureaus. Next, you will want to report the fraud to the three major credit bureaus: Experian, Equifax, and TransUnion. Under California law, as a victim of identity theft, you are entitled to up to twelve free credit reports, one per month, in the twelve months from the date of your police report. The Federal Trade Commission suggests using their “Identity Theft Victims’ Complaint and Affidavit” which can be used for both filing a report with law enforcement and for disputing your record with credit reporting agencies and creditors.
Accounts that have been fraudulently opened or been tampered with should be closed immediately and you should request information on the suspicious accounts in writing. The Fair Credit Reporting Act and California Law ensure that victims can access any documents from creditors relating to the fraudulent transactions and accounts. For more information on requesting information on fraudulent accounts, see this guide from the California Office of Privacy Protection.
Once the proper agencies have been notified and the accounts are closed, you may want to “Freeze” your credit file. A “security freeze” means that your file cannot be shared with potential creditors and can help prevent further identity theft since most businesses will not issue credit without verifying your credit history. For more information about freezing your credit file, read this pamphlet from the California Office of Privacy Protection.
According to the Federal Trade Commission, the negative effects of identity theft can last from several months to several years depending on a variety of factors including the type of theft, whether the thief sold or passed your information on to other thieves, whether the thief is caught, and any other problems related to correcting your credit report. The most important thing to remember is to stay vigilant and monitor your financial records for several months after you discover the crime and review your credit report once every three months in the first year of the theft, and once a year thereafter.
To learn about what steps can be taken to avoid Identity Theft, you may want to consult “Stopping Identity Theft: 10 Easy Steps to Security” published by Nolo Press. This title is available for review at the Sacramento County Public Law Library.

For more information on this and other “Everyday Law” subjects, visit the Sacramento County Public Law Library, “Providing Free Public Access to Legal Information for over 100 years.”

For more information about the Sacramento County Public Law Library, visit www.saclaw.org and for other Everyday Law topics, visit www.saclaw.org/pages/everyday-law.aspx