BILL ANALYSIS                                                                                                                                                                                                    






                             SENATE JUDICIARY COMMITTEE
                           Senator Ellen M. Corbett, Chair
                              2009-2010 Regular Session


          AB 743 (Portantino)
          As Amended May 17, 2010
          Hearing Date: June 29, 2010
          Fiscal: Yes
          Urgency: No
          KB:jd
                    

                                        SUBJECT
                                           
                           Foster Care:  Sibling Placement

                                      DESCRIPTION  


          This bill, sponsored by the Children's Law Center of Los  
          Angeles, would make changes to the standards for sibling  
          visitation, interaction, and placement for children who are  
          placed out-of-home, in foster care, or adoption, to create  
          conformity with the federal Fostering Connections Act.   
          Specifically, this bill would require placing agencies to notify  
          a dependent child's attorney of placements and changes in  
          placement, as specified.

          (The analysis reflects author's amendments to be offered in  
          committee.)

                                      BACKGROUND  

          As of October 1, 2009, foster children in California are placed  
          together with all of their siblings in only about half of all  
          cases.  In approximately 73 percent of cases, foster youth are  
          placed with some of their siblings, leaving about 27 percent of  
          cases, where foster youth are separated from all of their  
          siblings.  (Needell, B., Webster, D., Armijo, M., Lee, S.,  
          Dawson, W., Magruder, J., Exel, M., Cuccaro-Alamin, S.,  
          Williams, D., Zimmerman, K., Simon, V., Hamilton, D.,  
          Putnam-Hornstein, E., Frerer, K., Lou, C., Peng, C. & Moore, M.  
          (2010) Child Welfare Services Reports for California (retrieved  
          from University of California at Berkeley Center for Social  
          Services Research).)
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          In October 2008, Congress passed, and President Bush signed, the  
          Fostering Connections to Success and Increasing Adoptions Act  
          (Act), which promotes permanent families for children and youth  
          in foster care by providing greater assistance to relative  
          caregivers and improving incentives for adoption.  The act also  
          extends assistance to foster children to age 21 and improves  
          education and health care for children and youth in foster care.  
           Further, the Act requires states to use "reasonable efforts" to  
          place siblings together, unless such placement is contrary to  
          their safety or well-being.  If the siblings are not placed  
          together, visitation between them must occur frequently, unless  
          the visitation is contrary to their safety or well-being.  (42  
          U.S.C. Sec. 671(a).)

          This bill seeks to create conformity with the Fostering  
          Connections to Success and Increasing Adoptions Act with respect  
          to sibling placement and increase notice to dependent children's  
          attorneys when a change in placement would result in separation  
          from siblings.  

          This bill was approved by the Senate Human Services Committee on  
          June 10, 2010 by a vote of 3-0.

                                CHANGES TO EXISTING LAW
           
           Existing federal law  requires states to use "reasonable efforts"  
          to place siblings together, unless such placement is contrary to  
          their safety or well-being.  If the siblings are not placed  
          together, visitation between them must occur frequently, unless  
          it is contrary to their safety or well-being.  (42 U.S.C. Sec.  
          671(a).)  

          Existing law  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.  (Wel. & Inst. Code Sec. 306.5.)

           Existing law  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  
                                                                      



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          those relationships on placement and permanency planning.  (Wel.  
          & Inst. Code Sec. 366.3.)

           Existing law  states the intent of the Legislature to ensure that  
          siblings who are removed from the home will be placed in foster  
          care together, unless the placement is not in the best interest  
          of one or more siblings.  Existing law recognizes the importance  
          of sibling relationships and requires the responsible local  
          agency to develop and maintain sibling relationships.  Existing  
          law requires the responsible local agency to make diligent  
          efforts to maintain sibling relationships in all out-of-home  
          placements of dependent children.  Existing law 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.  (Wel. & Inst. Code Sec. 16002.)

           Existing law  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.   
          (Wel. & Inst. Code Sec. 16010.6.)
           Existing law  requires any order placing a child in foster care  
          to provide for visitation between a child and any siblings,  
          unless the court finds by clear and convincing evidence that  
          sibling interaction is detrimental to either child.  (Wel. &  
          Inst. Code Sec. 362.1.)

           Existing law  requires a county adoption agency or the State  
          Department of Social Services to take steps to facilitate  
          ongoing sibling contact for a dependent child placed in  
          adoption, except in cases where the court determines by a  
          preponderance of evidence that sibling interaction is  
          detrimental to the child.  (Wel. & Inst. Code Sec. 16002.)

           This bill  would require court orders for foster care placement  
          to provide for sibling visitation, unless the court finds by  
          clear and convincing evidence that sibling interaction is  
          "contrary to the safety and well-being" of any of the siblings.   
          This bill would apply the same "contrary to the safety and  
          well-being" of either child standard to requirements to  
          facilitate sibling interaction in adoption cases, and to place  
          siblings together in out-of-home placements. 
           
          This bill  would require a placing agency to notify a dependent  
          child's attorney and provide specified information no later than  
          the close of the following business day of a decision to place,  
                                                                      



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          or change the placement of, the child.

           This bill  would require, absent emergency circumstances, a  
          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.  For changes in placement  
          that are initiated by a foster family agency, group home, or  
          other foster care provider, this bill would require the same  
          notice by the end of the next business day after the receipt of  
          the notice from the provider.  In an emergency, this bill would  
          require a placing agency to provide notice as soon as possible,  
          but no later than the next business day following the change of  
          placement.

          This bill  would provide that when the required notice is given  
          prior to a change of placement, the notice shall include  
          information regarding the child's address, telephone number, and  
          caregiver, or any one or more of these items to the extent they  
          are known at the time the placing agency is providing notice.   
          When the required notice is given after the placement, this bill  
          would provide that the notice must include all of the items of  
          information. 

                                        COMMENT
           
           1.Stated need for the bill 
           
           According to the author, maintaining sibling relationships is  
          critical to foster children's emotional stability, yet many  
          children in foster care in California are separated from one or  
          more of their siblings.  The author notes that, for many foster  
          children already suffering the trauma of the circumstances that  
          brought their family into the child welfare system, along with  
          the additional trauma of being removed from their homes,  
          remaining placed with siblings is a critical lifeline that  
          provides emotional support.  The author believes that the  
          state's obligation to "parent" vulnerable children goes beyond  
          their physical safety, and the state should do everything it can  
          to nurture their emotional well-being and give them every  
          available opportunity to be connected to the people they love  
          and are closest to.  The author states that the child's attorney  
          is uniquely positioned to work with all parties involved to  
          ensure that wherever possible and appropriate the siblings are  
          able to stay together.

                                                                      



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          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 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.

           2.Bill would implement federal standard for sibling placement

           As previously discussed, the Fostering Connections to Success  
          and Increasing Adoptions Act requires states to use "reasonable  
          efforts" to place siblings together, unless such placement is  
          contrary to their safety or well-being.  (42 U.S.C. Sec.  
          671(a).)  In contrast, state law contains various standards for  
          determining whether to place siblings together or provide for  
          visitation, including "detrimental to either child," "not in the  
          best interest of one or more siblings," and "not appropriate."   
          (Wel. & Inst. Code Secs. 362.1, 16002.)

          This bill would codify the federal standard, thus clarifying  
          that sibling placement and visitation is appropriate in cases  
          where such placement or visitation is not contrary to the safety  
          or well-being of the children.  This is consistent with the  
          recommendations of the California Blue Ribbon Commission on  
          Children in Foster Care, which provide that "[a]ll court  
          participants continuously review and make extraordinary efforts  
          to preserve and promote sibling connections and co-placement."   
          (Fostering a new future for California's children, California  
          Blue Ribbon Commission on Children in Foster Care, Final Report  
          and Action Plan, May 2008, available at  
           http://www.courtinfo.ca.gov/jc/tflists/documents/brc-finalreport. 
          pdf  .)

          The Juvenile Court Judges of California (JCJC) writes that  
          currently, Welfare and Institutions Code Section 306.5 requires  
          a social worker to place siblings together "to the extent that  
          it is practical and appropriate."  JCJC states that it is  
          unclear how to reconcile that standard with the bill's  
          provisions, which require a social worker to make reasonable  
          efforts to place siblings together unless it is contrary to the  
          safety or well-being of a sibling.  JCJC further states that it  
          would support AB 743 if it were amended to avoid competing  
                                                                      



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          standards.  
           3.Increased notice to dependent children's attorneys
                
          Current law requires notice to a dependent child's attorney when  
          a decision is made about the child's placement or change of  
          placement.  (Wel. & Inst. Code Sec. 16010.6.)  This bill would  
          require that, absent an emergency, a child's attorney and the  
          attorneys for all the child's siblings, be notified at least ten  
          days before a proposed separation of siblings who have been  
          placed together.  For placement changes initiated by the foster  
          care provider, the notice would have to be provided by the end  
          of the next business day after the placing agency receives  
          notice from the provider.  In the event of an emergency, the  
          placing agency would have to provide notice as soon as possible,  
          but no later than the close of the first business day following  
          the change of placement.  This increased notice would provide  
          the children's attorney the opportunity to investigate the  
          circumstances of the proposed separation, and advocate for the  
          children to remain together in those cases where they conclude  
          it is appropriate.  

          Finally, this bill would also require the notice provided to the  
          children's attorneys to contain the child's address, telephone  
          number, and caregiver when the information is available at the  
          time notice is provided.  If notice is provided after the change  
          in placement has occurred, this bill would require that it  
          contain all of the specified items of information.  This would  
          ensure that the child's attorney is kept apprised of the child's  
          placement and information necessary to conduct an investigation  
          into the change of placement.

           4.Opposition/Author's amendments

           The Department of Child Support Services (CDSS) has taken an  
          "oppose unless amended" position to AB 743 and has requested  
          some amendments which it believes would better create conformity  
          between state and federal law.  CDSS has also requested an  
          amendment to the bill's current notice provisions to provide  
          placing agencies with more of a margin between the time it  
          receives notice of the change in placement and the time it must  
          give notice to the children's attorneys.  The author has  
          accordingly offered the following amendments to address CDSS'  
          concerns.

             Author's Amendments
           
                                                                      



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            On page 4, line 6, after the first comma, insert "to place  
            siblings together in the same placement, and"
            On page 4, line 9, after "why" insert "making"
            On page 4, line 9, strike "are" and insert "would be"
            On page 4, line 9, strike "or" and insert "and"
            On page 4, line 9, after "any" insert "of the siblings" and  
            strike "sibling"
            On page 4, line 17, strike "or" and insert "and"
            On page 4, line 17, after "any" insert "any of the siblings"
            On page 4, line 18, strike "sibling"
            On page 6 line 5 after "attorneys" insert "by the end of the  
            next business day after the receipt of the notice from the  
            provider" and strike "no fewer than seven days before the  
            planned change of placement" 


           Support  :  All Saints Church Foster Care Project; American  
          Federation of State, County and Municipal Employees, AFL-CIO;  
          Aspiranet; California Alliance of Child and Family Services;  
          California Youth Connection; Child Abuse Prevention Council of  
          Contra Costa County; Children's Advocacy Institute; County  
          Welfare Directors Association of California; Family Law Section  
          of the State Bar Judicial Council of California; Junior Leagues  
          of California; Juvenile Court Judges of California (if amended);  
          National Association of Social Workers, California Chapter;  
          Public Counsel Law Center

           Opposition  :  Department of Social Services (unless amended)
                                           
                                       HISTORY
           
           Source  :  Children's Law Center of Los Angeles

           Related Pending Legislation  :  AB 12 (Beall and Bass) would make  
          statutory changes necessary to allow the state to participate in  
          the federal Kin-GAP program and draw down federal funds to allow  
          eligible foster youth to stay in foster care until they reach  
          the age of 21.  This bill is scheduled to be heard in this  
          committee on June 22, 2010.
           
          Prior Legislation  :

          AB 705 (Steinberg, Chapter 747, Statutes of 2001) ensured that  
          sibling relationships are considered at all appropriate hearings  
          and siblings are placed together when appropriate.

                                                                      



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          AB 1987 (Steinberg, Chapter 909, Statutes of 2000) recognized  
          the importance of sibling relationships and required the court  
          to consider the existence, nature, and impact of a dependent  
          child's sibling relationships on the child's placement and  
          planning for legal permanence.

          AB 740 (Steinberg, Chapter 805, Statutes of 1999) expedited the  
          procedure for permanent placement of a sibling group.

           Prior Vote  :

          Assembly Judiciary Committee (Ayes 10, Noes 0) 
          Assembly Human Services Committee (Ayes 7, Noes 0)
          Assembly Appropriations Committee (Ayes 13, Noes 0)
          Assembly Floor (Ayes 67, Noes 0)  
          Senate Human Services Committee (Ayes 3, Noes 0)

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