BILL ANALYSIS                                                                                                                                                                                                    



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          (  Without Reference to File  )

          ASSEMBLY THIRD READING
          AB 743 (Portantino)
          As Amended  January 26, 2010
          Majority vote 

           JUDICIARY           10-0        HUMAN SERVICES      7-0         
           
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          |Ayes:|Feuer, Tran, Brownley,    |Ayes:|Beall, Ammiano, Tom       |
          |     |Evans, Jones,             |     |Berryhill, Hall, Logue,   |
          |     |Knight, Krekorian, Lieu,  |     |Portantino, Torres        |
          |     |Monning, Nielsen          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
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           APPROPRIATIONS      13-0                                        
           
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          |Ayes:|De Leon, Ammiano,         |     |                          |
          |     |Bradford, Charles         |     |                          |
          |     |Calderon, Coto, Davis,    |     |                          |
          |     |Fuentes Hall, John A.     |     |                          |
          |     |Perez, Skinner, Solorio,  |     |                          |
          |     |Audra Strickland,         |     |                          |
          |     |Torlakson                 |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Requires California to place siblings together when  
          they have been removed from their parents or guardians unless  
          that placement is contrary to their safety or well-being  
          pursuant to the federal Fostering Connections to Success and  
          Increasing Adoptions Act of 2008 (Fostering Connections Act).   
          Specifically,  this bill  requires:  

          1)Social workers to place siblings together when they have been  
            removed from their parents or guardian because of abuse or  
            neglect unless it is determined joint placement would be  
            contrary to the safety or well-being of any of sibling.

          2)That any court order placing a child in foster care provide  
            for visitation between the child and any siblings unless the  








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            court finds that sibling interaction is contrary to the safety  
            or well-being of either child.

          3)The placing agency to notify the child's attorney within one  
            business day of a placement or change in placement.

          4)Absent emergency circumstances, the placing agency to notify  
            the child's attorney and the child's siblings' attorneys at  
            least 10 calendar days prior to the change in placement of a  
            dependent child if the change will result in the separation of  
            siblings.

           EXISTING LAW  :

          1)Requires, a social worker, where possible and appropriate, to  
            place a child, who has been removed from his or her parents or  
            guardian because of abuse or neglect, together with his or her  
            siblings or half-siblings also being removed, or to describe  
            continuing efforts to place them together if they are not  
            initially placed together, or to explain why placing them  
            together is inappropriate.  (Welfare & Institutions Code (WIC)  
            Section 306.5.)

          2)Requires, when the court has ordered the removal of a child  
            from his or her parents, to consider whether there are  
            siblings also under the court's jurisdiction, the nature of  
            the relationships between the siblings and the appropriateness  
            of developing or maintaining those relationships, and the  
            impact of those relationships on placement and permanency  
            planning.  (WIC Section 361.2(i))

          3)Recognizes the importance of sibling relationships and  
            requires the responsible local agency to maintain sibling  
            togetherness and contact, whenever possible.

          Requires the responsible local agency to make diligent effort in  
            all out-of-home placements of dependent children to develop  
            and maintain sibling relationships.

          Requires that, if siblings are not placed together in the same  
            home, the social worker must explain why, what efforts are  
            being exerted to place them together in the same home, or why  
            those efforts are not appropriate.  (WIC Section 16002.)









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          4)Requires a placing agency to notify the child's attorney as  
            soon as possible after the agency makes a decision regarding a  
            placement or a change of placement for the child.  (WIC  
            Section 16010.6.)  

          5)Requires the dependency court to appoint counsel for a  
            dependent child unless the court affirmatively finds that the  
            child would not benefit from such appointment.  (WIC Section  
            317.)

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee: 

          1)Minimal costs for workload associated with notifying siblings'  
            attorneys in the event of a separation.

          2)Potential, unknown cost pressure due to the requirement that  
            social workers notify attorneys by the end of the following  
            business day if they need to change sibling placements.  Under  
            current law, a social worker is required to notify the  
            attorneys as soon as possible.

           COMMENTS  :  The author identifies several issues under current  
          law that this bill is intended to address:  

          1)Current law requires the child welfare department to notify  
            the child's attorney "as soon as possible" when a child has  
            been moved to a new placement, but does not require the  
            notification to occur within any prescribed timeframe.  

          2)Current law does not require the child welfare department to  
            notify the attorney for the  sibling  of a child being removed  
            from a placement where the two children are placed together.  

          Recent data provided by the author reveal that children in  
          foster care are often not placed with all their siblings.  As of  
          October 1, 2008, foster children in California are placed  
          together with all their siblings in only about half of all  
          cases.  The sponsor, Children's Law Center of Los Angeles (CLC),  
          reports that, often, a sibling group is initially placed  
          together but one of the children has difficulties or  
          demonstrates behavioral issues with which the caregiver  
          struggles to handle.  Many times the remedy sought by the social  
          worker is to remove that child from that foster home, thus  








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          separating the siblings.  CLC believes that with the  
          intervention of the child's attorney who may have a different  
          relationship with the caregiver and/or different ideas for  
          resources to address the underlying issue, many of these  
          anticipated separations can be avoided.

          In October 2008, Congress passed and President Bush signed the  
          Fostering Connections Act, which will significantly improve the  
          lives of hundreds of thousands of children and youth in foster  
          care by promoting permanent families for them through relative  
          guardianship and adoption, extending assistance to foster  
          children to age 21, and improving education and health care.   
          The federal act requires that states use "reasonable efforts" to  
          place siblings together unless that is contrary to their safety  
          or well-being.  If siblings are not placed together, visitation  
          between the siblings must happen frequently unless it is  
          contrary to their safety or well-being.  (42 USC Section  
          671(a).)

          This bill revises existing law to clarify that social workers  
          must place children in foster care with their siblings unless a  
          joint placement would be contrary to the safety or well-being of  
          one of the siblings.  This provision ensures that California is  
          in compliance with the Fostering Connections Act.

          This bill also establishes a procedure to allow for intervention  
          if siblings who have been placed together are to be separated.   
          Existing law requires notice to a dependent child's attorney  
          when a decision is made about the child's placement or change of  
          placement.  This bill requires that, absent an emergency, a  
          child's attorney and the attorneys for all the child's siblings,  
          be notified at least 10 calendar days before a proposed  
          separation of siblings that have been placed together.  This  
          time period will allow the children's attorneys to investigate  
          the circumstances of the proposed separation.  This should help  
          prevent siblings from being unnecessarily separated and then  
          later, after much disruption in their lives, being reunited.

           
          Analysis Prepared by  :    Michelle Doty Cabrera / HUM. S. / (916)  
          319-2089 


                                                                FN: 0003636








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