BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                   AB 595|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                 THIRD READING


          Bill No:  AB 595
          Author:   Adams (R)
          Amended:  As introduced
          Vote:     27 - Urgency

           
           SENATE HUMAN SERVICES COMMITTEE  :  5-0, 6/23/09
          AYES:  Liu, Maldonado, Alquist, Runner, Yee

           SENATE APPROPRIATIONS COMMITTEE  :  12-0, 7/13/09
          AYES:  Kehoe, Cox, Corbett, Denham, Hancock, Leno, Price,  
            Runner, Walters, Wolk, Wyland, Yee
          NO VOTE RECORDED:  Oropeza

           ASSEMBLY FLOOR  :  79-0, 6/1/09 - See last page for vote


           SUBJECT  :    Placement of children:  criminal background  
          checks

           SOURCE  :     Department of Social Services


           DIGEST  :    This bill conforms state law to federal law by  
          requiring background checks and by prohibiting persons  
          convicted of specified offenses from becoming foster or  
          adoptive parents.

           ANALYSIS  :    

          Existing federal law: 

          1. Withholds approval of the state plan for foster care,  
                                                           CONTINUED





                                                                AB 595
                                                                Page  
          2

             unless it complies with federal law.

          2. Requires as a condition of receipt of federal Title IV-E  
             funding, that child abuse and neglect registries be  
             checked in each state in which a prospective foster or  
             adoptive parent has lived in the past five years and  
             that states must refuse to approve any foster care  
             provider if that applicant, or any other person in that  
             home, has a felony conviction for either of the  
             following set of offenses:

             A.    Child abuse or neglect, spousal abuse, crimes  
                against a child, including child pornography, or  
                for a crime involving violence, including rape,  
                sexual assault, or homicide, but not including  
                other physical assault and battery.

             B.    Physical assault, battery, or a drug-related  
                offense, within the last five years.  (Adam Walsh  
                Child Protection and Safety Act of 2006)

          Existing state law:

          1. Requires a criminal background check for approval of  
             foster family homes or certified family homes.

          2. Requires that, if the applicant or other designated  
             person has been convicted of particular crimes, an  
             application be denied, unless the director of the  
             Department of Social Services (DSS) grants an exemption.

          3. Provides safeguards for children placed with a relative  
             caregiver or other guardian who is not licensed or  
             certified, including requiring a criminal background  
             check.

          This bill:

          1. Prohibits DSS or other approving authority from issuing  
             a license or certificate of approval to any foster  
             family home or certified family home applicant who has  
             not obtained both a California and an FBI criminal  
             record clearance or an authorized exemption.








                                                                AB 595
                                                                Page  
          3

          2. Provides that under no circumstances shall DSS grant an  
             exemption issuing a license or certificate of approval  
             for a foster care placement in any home where the foster  
             family applicant or certified family home applicant, or  
             any other person, as specified, in those homes has a  
             felony conviction for either:

             A.    Child abuse or neglect, spousal abuse, crimes  
                against a child, including child pornography, or  
                for a crime involving violence, as defined.

             B.    Physical assault, battery, or a drug- or  
                alcohol-related offense, occurring within the last  
                five years.

          3. Provides that the prohibition on exemptions described  
             above does not apply to exemptions granted prior to the  
             enactment of this bill and, further, that it shall  
             remain in effect only to the extent required by federal  
             law as a condition of receipt of federal funding under  
             Title IV-E of the Social Security Act.

          4. Provides that a licensee's failure to comply with the  
             prohibition of employment, contact with clients, or  
             presence in the facility, as required, shall result in a  
             citation and an immediate assessment of civil penalties  
             of $100 per violation per day.

          5. Repeals the January 1, 2010 sunset date on provisions  
             establishing safeguards for children placed in the home  
             of a relative or any prospective guardian or other  
             person who is not a licensed or certified foster parent  
             - including pre-placement home visits, criminal records  
             checks, and checks of the Child Abuse Central Index -  
             and allowing DSS to delegate criminal background check  
             exemption authority to counties so that they may  
             continue to issue criminal records exemptions in  
             accordance with state and federal law.

          6. Provides that this bill is an urgency measure, to take  
             effect immediately, in order to secure necessary federal  
             funding for the care of children in California.

           Background







                                                               AB 595
                                                                Page  
          4

           
          Currently, in lieu of a foster care license, a county  
          social worker must visit and approve the home of a relative  
          or prospective guardian who is not a licensed or certified  
          foster parent prior to placing the child in that home.  The  
          social worker must also initiate a state and federal  
          criminal record check, and if the results indicate the  
          person has no criminal record, the court and county social  
          worker may consider the home of the relative or prospective  
          guardian as a placement option for the child.  Existing law  
          allows the director of DSS to delegate authority on a  
          county-by-county basis to allow a county welfare office to  
          grant criminal records exemptions to relatives and  
          prospective guardians.  To do so, the county must evaluate  
          individual criminal records in accordance with state and  
          federal law.  Existing law allows Indian tribes to request  
          the DSS or a county to evaluate criminal background  
          exemption requests to allow placement of an Indian child  
          into an Indian home that the tribe has designated, pursuant  
          to the federal Indian Child Welfare Act.

           Comments
           
          Under existing law, all of these provisions will sunset on  
          January 1, 2010.  If these provisions sunset, child safety  
          safeguards in statute will lapse, Indian tribes will lose  
          flexibility in placement options for children within their  
          tribes, and all relative caregivers would need to be  
          licensed by the state.  DSS believes that it is vital that  
          all of these child safety safeguards remain in place, and  
          that California continues to have the statutory authority  
          to approve relatives and to delegate the responsibility of  
          criminal background checks for relatives to counties.  This  
          ensures that children can be placed with relatives during  
          all hours of the day by county social workers rather than  
          in a stranger's home or a shelter.  It also allows the  
          State to share the cost of the program with counties.   
          According to the author's office, "if this provision  
          sunsets, there will be no authority for the counties to  
          assess the safety of relative homes for quick placement.   
          The only alternative will be to go through the Foster  
          Family Home licensing process, which takes longer and not  
          all counties do.  The requirement to be licensed will  
          reduce the number of relative placement options, contrary  







                                                                AB 595
                                                                Page  
          5

          to California's public policy to place children with  
          related or known caregivers."

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

          According to the Senate Appropriations Committee:

                          Fiscal Impact (in thousands)

           Major Provisions                2009-10     2010-11     
           2011-12   Fund  

          Eliminates exemption$250*            $250            $250    
                   General
          Authority

          Avoids                   (1,600,000)          
          (1,600,000(1,600,000)Federal
          Non-compliance

          Eliminate placement                          ***Substantial  
          savings, likely more                         General
          Procedure sunset          than $300,000 annually***

          *DSS received an augmentation in its 2009-10 Budget to  
          conform with the new federal Adam Walsh Protection Act,  
          including implementing the provisions in this bill.

           SUPPORT  :   (Verified  7/15/09)

          Department of Social Services (source)
          County Welfare Directors Association of California
          Junior Leagues of California, State Public Affairs  
          Committee

           OPPOSITION  :    (Verified  7/15/09)

          Legal Services for Prisoners with Children


           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Beall, Bill  
            Berryhill, Tom Berryhill, Blakeslee, Blumenfield,  







                                                                AB 595
                                                                Page  
          6

            Brownley, Buchanan, Caballero, Charles Calderon, Carter,  
            Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,  
            DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher,  
            Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,  
            Garrick, Gilmore, Hagman, Hall, Harkey, Hayashi,  
            Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight,  
            Krekorian, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza,  
            Miller, Monning, Nava, Nestande, Niello, Nielsen, John A.  
            Perez, V. Manuel Perez, Portantino, Price, Ruskin, Salas,  
            Saldana, Silva, Skinner, Smyth, Solorio, Audra  
            Strickland, Swanson, Torlakson, Torres, Torrico, Tran,  
            Villines, Yamada, Bass
          NO VOTE RECORDED:  Block


          CTW:do  7/15/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****