BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 408
                                                                  Page  1

          ASSEMBLY THIRD READING
          AB 408 (Steinberg) 
          As Amended May 27, 2003
          Majority vote 
           
          JUDICIARY           13-0        HUMAN SERVICES      5-0         
           
           ----------------------------------------------------------------- 
          |Ayes:|Corbett, Harman, Bates,   |Ayes:|Wolk, Dutra, Lieber,      |
          |     |Dutra, Hancock, Jackson,  |     |Ridley-Thomas, Mullin     |
          |     |Laird, Longville,         |     |                          |
          |     |Montanez, Pacheco,        |     |                          |
          |     |Steinberg, Lieber, Nunez  |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           APPROPRIATIONS      25-0                                    
           
           ----------------------------------------------------------------- 
          |Ayes:|Steinberg, Bates, Berg,   |     |                          |
          |     |Calderon, Lowenthal,      |     |                          |
          |     |Laird, Daucher,           |     |                          |
          |     |Diaz, Firebaugh,          |     |                          |
          |     |Goldberg, Haynes,         |     |                          |
          |     |Leno, Maldonado, Nation,  |     |                          |
          |     |Negrete McLeod, Nunez,    |     |                          |
          |     |Pacheco, Pavley,          |     |                          |
          |     |Ridley-Thomas, Runner,    |     |                          |
          |     |Samuelian, Simitian,      |     |                          |
          |     |Wiggins, Yee, Chu         |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Makes changes in dependency law to help achieve permanency  
          for older foster youth.  Specifically,  this bill  :  

          1)Requires the court, if a minor 10 years of age or older who is  
            the subject of a juvenile court hearing is not present at that  
            hearing, to determine whether the minor was properly notified  
            of his or her right to attend the hearing.

          2)Requires, at various points in the dependency process, with  
            regard to children over 10 years of age who are placed with  
            nonrelatives for over six months, that the social study,  
            evaluation, or supplemental report used by the court shall  








                                                                  AB 408
                                                                  Page  2

            include a discussion of whether the child has relationships  
            with individuals other than the child's siblings that are  
            important to the child.  Requires the social worker to ask a  
            child who is 10 years old or older to identify any such  
            individuals, consistent with the child's best interest, and  
            permits the social worker to ask a child younger than 10 as  
            appropriate.  Requires the social worker to make efforts to  
            identify other individuals who are important to the child.

          3)Provides that every child adjudged to be a dependent child of  
            the juvenile court shall be entitled to participate in  
            age-appropriate extracurricular, enrichment and social  
            activities and that no state regulation or policy may prevent  
            or create barriers to participation in those activities.   
            Provides that caregivers shall use a "prudent parent" standard  
            in determining whether to give permission for a child residing  
            in foster care to participate in such activities.

          4)Requires the court, at its periodic review of the status of a  
            dependent child over the age of ten years who is placed with a  
            nonrelative, to consider efforts made to maintain  
            relationships between the child and individuals who are  
            important to the child.

          5)Requires that the notice to a child of a dependency status  
            review hearing state that the child has the right to attend  
            and participate in the hearing.  Requires the supplemental  
            report prepared for the court prior to such a hearing to  
            include information on efforts to maintain relationships  
            between the child and individuals who are important to the  
            child.

          6)Requires, when the court orders a child over the age of 10  
            years to remain in long-term foster care with a nonrelative,  
            that the court determine whether the agency has made  
            reasonable efforts to maintain the child's relationships with  
            individuals important to the child and permits the court to  
            make any appropriate order to ensure that those relationships  
            are maintained.

          7)Requires, in a proceeding to terminate parental rights or  
            establish a legal guardianship as to a dependent child, the  
            court, if the child is 10 years of age or older and is not  
            present at the hearing, to determine if the minor was properly  
            notified of his or her right to attend and to inquire as to  








                                                                  AB 408
                                                                  Page  3

            the reason why the child is not present.

          8)With regard to a child for whom adoption or establishment of a  
            legal guardianship has been identified as the permanent  
            placement goal, requires the relevant agency to ask each child  
            over the age of 10 years to identify any individuals who are  
            important to the child, to identify potential adoptive parents  
            or legal guardians, and permits the agency to ask a child  
            under the age of 10 for this information.

          9)Requires the reviewing body, at a permanency planning progess  
            review as to a child over the age of 10 years who is placed  
            with a nonrelative, to identify individuals other than the  
            child's siblings who are important to the child and actions  
            necessary to maintain those relationships.  

          10)Requires that in the court's review regarding a child in  
            long-term foster care, that if compelling reasons exist for  
            finding that return to the home of a parent, placement for  
            adoption, or appointment of a legal guardian are not in the  
            best interest of the child, the court shall consider whether  
            the child should be placed in another planned permanent living  
            arrangement.

          11)Requires county welfare departments to provide services to a  
            dependent child reaching the age of majority to assist in  
            maintaining relationships with individuals who are important  
            to the child, consistent with the child's best interests.  

          12)Requires, as to the transition independent living plans  
            provided to participants in county Independent Living  
            Programs, the inclusion of information provided by persons  
            identified by the participant as important to the participant  
            and adds convening such persons in order to have them provide  
            such information as a permissible program purpose.

          13)Requires training for county child protective services social  
            workers in the importance to children in out of home  
            placements of maintaining relationships with individuals  
            important to those children and methods for identifying such  
            individuals and maintaining those relationships.

          14)Adds a statement of legislative intent that the state shall  
            encourage approaches to child protection that ensure that no  
            child leaves foster care without a life-long connection to a  








                                                                  AB 408
                                                                  Page  4

            committed adult.

          15)Puts in place new requirements for child welfare services  
            case plans to include a description of services to assist with  
            the transition to independent living, for a child 10 years of  
            age or older and to include for a child 10 years of age or  
            older placed with a nonrelative for six months or more,  
            identification of individuals other than the child's siblings  
            who are important to the child and actions necessary to  
            maintain the child's relationships with those individuals.  

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          analysis, unknown state-reimbursable court and county social  
          services costs, likely under $150,000 annually to identify and  
          integrate significant relationships into case plans for certain  
          children.

           COMMENTS  :  This bill is intended to further the goal of  
          achieving permanency for older children in foster care, and  
          reducing reliance on long term foster care for these children.   
          The author states:  

               There is a pervasive myth that no one wants to adopt  
               or form a lifelong commitment with older children ?.  
               We must ensure that we take every opportunity to make  
               the case that adoption is ALWAYS an option for kids  
               and end the norm of long-term foster care for older  
               children.  

               "Independent Living" is a lie:  We all need someone  
               to lean on and to share joys and setbacks throughout  
               our lives.  What we should be teaching foster  
               children is how to trust again:  "INTERDEPENDENT  
               living."  The ultimate goal is to ensure that no  
               child is emancipated without a connection-a real  
               committed relationship to a caring adult.

          This bill makes several changes to achieve its goals.  First, it  
          declares legislative intent that no child be emancipated from  
          the foster care system without a connection to a committed and  
          caring adult.  Second, this bill strengthens the right of any  
          child 10 years of age or older to be notified of and present at  
          his or her own dependency hearings.  

          At a number of crucial points in the dependency process, this  








                                                                  AB 408
                                                                  Page  5

          bill requires social workers to make efforts to identify persons  
          important to the child, whether family or non-family, and to  
          include in reports to the court information on their efforts to  
          identify such persons and the actions taken to maintain those  
          relationships.  The author states that these provisions are  
          central to the main goal of this bill:  ensuring that children  
          in foster care do not leave foster care without having a  
          relationship with a caring adult.  In addition, the author  
          points out, asking about such relationships may result in  
          finding a potential permanent placement for the child.

          Finally, this bill establishes a "prudent parent" standard for  
          foster caregivers in order to allow foster kids to engage in  
          age-appropriate activities such as overnight visits with friends  
          without a criminal background check of the friends' parents  
          being required.


           Analysis Prepared by  :    Kathy Sher / JUD. / (916) 319-2334


                                                               FN: 0001161