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).) (more) AB 743 (Portantino) Page 2 of ? 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 AB 743 (Portantino) Page 3 of ? 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, AB 743 (Portantino) Page 4 of ? 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. AB 743 (Portantino) Page 5 of ? 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 AB 743 (Portantino) Page 6 of ? 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 AB 743 (Portantino) Page 7 of ? 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. AB 743 (Portantino) Page 8 of ? 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) **************