BILL ANALYSIS                                                                                                                                                                                                    



                                                                           
           AB 743
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 743 (Portantino)
          As Amended  July 15, 2010
          Majority vote
           
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          |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
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            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
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          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