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