BILL ANALYSIS AB 1913 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1913 (Cohn) As Amended June 16, 2004 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |76-0 |(May 20, 2004) |SENATE: |31-0 |(August 16, | | | | | | |2004) | ----------------------------------------------------------------- Original Committee Reference: HUM. S. SUMMARY : This is a clean-up bill regarding criminal background checks for persons with whom counties place children temporarily taken into custody. Specifically, this bill clarifies existing law to ensure that counties are able to make emergency placements with family members. The Senate amendments : 1)Restore a sunset on Welfare and Institutions Code Section 309 but change the sunset date to January 1, 2010, to prevent a conflict with AB 1986 (Wolk). 2)Clarify that the standards used to determine eligibility of a relative caregiver shall be the same standards used to licensing foster family homes. EXISTING LAW : 1)Requires that prior to placing a child in the home of a relative, prospective guardian or other person who is not a licensed or certified foster parent, the county social worker shall visit the home to ascertain appropriateness of placement. 2)Allows the county with permission from the Department of Social Services to grant a criminal records exemption if the person is of good moral character and does not present a risk of harm to the child. 3)Requires the social worker of a child taken into temporary custody to investigate the circumstances of the child and the facts surrounding the child's being taken into custody and attempt to maintain the child with the child's family through AB 1913 Page 2 the provision of services. 4)Requires the social worker to immediately release the child into the custody of the child's parent unless the child has no parent, guardian or responsible relative, or the child's parent guardian or responsible relative is unwilling to provide care for the child. AS PASSED BY THE ASSEMBLY , this bill deleted the January 1, 2006 sunset on Welfare and Institutions Code Section 309, which provides direction to county social workers in addressing the needs of a child who has been taken into temporary custody. FISCAL EFFECT : According to the Assembly Appropriations Committee, minor absorbable workload to local welfare departments to continue criminal background checks and eligibility determinations on behalf of foster children. COMMENTS : According to the author, the law "should be changed to clarify that fingerprint check results are not required prior to emergency placement with a relative whose California Law Enforcement Telecommunications System results show no criminal record." This change would "still require county child welfare agencies to make final placement decisions based on fingerprint results, consistent with WIC Section 16504.5 and Penal Code Section 11105." This bill is related to AB 1986 (Wolk) which allows counties to continue providing criminal records background exemptions for relative caregivers when appropriate. Analysis Prepared by : Caitlin O'Halloran / HUM. S. / (916) 319-2089 FN: 0007512