BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 595|
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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
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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.
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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
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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
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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,
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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
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