BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1913
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1913 (Cohn)
          As Amended June 16, 2004
          Majority vote
           
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          |ASSEMBLY:  |76-0 |(May 20, 2004)  |SENATE: |31-0 |(August 16,    |
          |           |     |                |        |     |2004)          |
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           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 


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