BILL ANALYSIS AB 743 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 743 (Portantino) As Amended July 15, 2010 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |67-0 |(January 27, |SENATE: |33-0 |(August 18, | | | |2010) | | |2010) | ----------------------------------------------------------------- Original Committee Reference: HUM. S. 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), and for notification to be provided to a child's attorney when there is a change in placement resulting in the separation of siblings. The Senate amendments require: 1)The placing agency to make a diligent effort to place siblings together in the same placement. 2)Notification be provided to a child's attorney when the placing agency has been informed by the foster youth's provider in writing of the need for a change in placement that will result in the separation of siblings. 3)Notification be provided to the child's attorney by the close of the first business day following an emergency change in placement. EXISTING LAW requires: 1)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. Welfare & Institutions Code (WIC) Section 306.5. 2)The responsible local agency to make diligent effort in all AB 743 Page 2 out-of-home placements of dependent children to develop and maintain sibling relationships. WIC 16002. 3)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 16010.6. AS PASSED BY THE ASSEMBLY , this bill required siblings to be placed 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). FISCAL EFFECT : According to the Senate Appropriations Committee analysis: Fiscal Impact (in thousands) Major Provisions 2010-11 2011-12 2012-13 Fund Codifies federal compliance Costs not attributable to this bill General Mandated notifications $160* $320** $320** General $86 $172 $172 Federal *If the Commission on State Mandates determines that the notification mandate is not reimbursable, the state cost would be reduced to $112,000 GF, with a county cost of $48,000. ** If the Commission on State Mandates determines that the notification mandate is not reimbursable, the state cost would be reduced to $224,000 GF, with a county cost of $96,000. COMMENTS : 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 federal Fostering Connections to Success and Increasing Adoptions Act, which AB 743 Page 3 requires that states use "reasonable efforts" to place siblings together unless that is contrary to their safety or well-being. 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 prior to 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 and help prevent siblings from being unnecessarily separated and then reunited later, after much disruption in their lives. Analysis Prepared by : Michelle Doty Cabrera / HUM. S. / (916) 319-2089 FN: 0006127