BILL ANALYSIS Ó SENATE JUDICIARY COMMITTEE Senator Noreen Evans, Chair 2011-2012 Regular Session AB 791 (Ammiano) As Amended March 30, 2011 Hearing Date: June 7, 2011 Fiscal: No Urgency: No EDO SUBJECT Dependent Children: Birth Certificates DESCRIPTION This bill would require the court, when denying or terminating reunification services with a parent or guardian, to order that a dependent child's caregiver be provided with the child's birth certificate, or, when appropriate, if the child is 16 years of age or older, that the child receive his or her birth certificate. BACKGROUND There are over 75,000 children in foster care in California, and each year approximately 5,000 youth emancipate from foster care, which is by far the largest number of any state in the union. Over the past ten years, according to data from the state's Child Welfare Services/Case Management System, managed by the Center for Social Services Research at the University of California, Berkeley, about 52,000 Californians have emancipated from foster care (from 3,974 in 1998-99 to 5,387 in 2008-09). (See Foster Care in California, Public Policy Institute of California, 2010.) In 2000, the Legislature passed and the Governor signed, AB 686 (Aroner, Chapter 911, Statutes of 2000) which required the county welfare department, prior to the dependency court's termination of jurisdiction over a child who has reached the age of 18, to submit a report verifying that specified documents, including the child's birth certificate, have been provided to the child. (more) AB 791 (Ammiano) Page 2 of ? SB 591 (Scott, Chapter 812, Statutes of 2003) among other things, required that a child placement agency provide a caregiver with relevant identifying information that the caregiver may need in order to provide the necessary care for a foster child. Specifically, SB 591 required that a caregiver be provided with personal information indicating the child's age, which would include the child's birth certificate. In 2008, AB 2310 (Maze, Chapter 131, Statutes of 2008) required that the county welfare department provide emancipating youth with specified documents before the court terminates jurisdiction over the child, including the youth's birth certificate. This bill would provide a specific process for the court to follow in order for the child or the child's caregiver to receive the child's birth certificate more expediently. Specifically, this bill would require the court, when denying or terminating reunification services to order that the child or the child's caregiver, depending on the child's age and other factors, receive the child's birth certificate. CHANGES TO EXISTING LAW Existing law provides that a child may be removed from his or her parent's custody on the basis of abuse or neglect and adjudged a dependent of the court. (Welf. & Inst. Code Sec. 300.) Existing law provides that it is the intent of the Legislature that caregivers are provided with basic information about the children placed in their care in order to provide for the child's basic educational and health-related needs, including, the child's birth certificate. (Welf. & Inst. Code Sec. 16010.4.) Existing law provides that a placing agency must provide a caregiver a copy of the child's birth certificate within 30 days of receiving a copy of the birth certificate. (Welf. & Inst. Code Sec. 16010.5.) Existing law provides that children and families in the child welfare system should receive a specified amount of time of reunification services. Existing law provides that the court consider several factors when determining whether reunification services will benefit the child. (Welf. & Inst. Code Sec. 361.5.) AB 791 (Ammiano) Page 3 of ? Existing law provides that when the court orders that a termination of parental rights hearing be held, the court must also order the termination of reunification services to the parent or legal guardian. (Welf. & Inst. Code Sec. 366.21.) This bill would require the court when ordering termination or denial of reunification services to also order that the child's caregiver receive the child's birth certificate in accordance with existing laws. This bill would also require the court when ordering that reunification services be denied or terminated to order, when appropriate, that a child who is 16 years of age or older receive his or her birth certificate. COMMENT 1. Stated need for the bill The author writes: ÝThis bill] clarifies existing law by initiating the process of obtaining and providing a foster youth's birth certificate when the court denies the order for reunification services or orders the termination of reunification services for a foster youth. Caregivers will be the recipients of the birth certificate and the youth shall receive his or her birth certificate if he or she is 16 years of age or older. Ensuring the birth certificate is received in a time appropriate manner allows the social worker, caregiver and youth enough time to engage in the process for correcting inaccuracies on the birth certificate. Many youth age out of the child welfare system and are not provided with their correct and certified birth certificate. Additionally, while in the child welfare system, caregivers of foster youth are not being provided copies of birth certificates, not only making it difficult to sign foster youth up for educational and extracurricular activities, but also making it difficult to correct missing information or AB 791 (Ammiano) Page 4 of ? inaccuracies on the birth certificate before the youth ages out of care. Some foster youth are aging out of the system with inaccurate or missing information on their birth certificates. Even worse, some youth are aging out of the system without having a birth certificate at all. Despite law mandating otherwise, many foster youth and their caregivers find themselves in this situation far too many times. Although the law says that caregivers and youth should and must be provided a copy of their birth certificate, further clarification is needed as to when and who is responsible for obtaining the birth certificate. ÝThis bill] provides this clarification. 2. This bill would help dependent youth receive their birth certificates Existing law provides that it is the intent of the Legislature that caregivers of foster youth are provided with certain identifying information, within a specified period of time, in order to provide proper care for the child. This care includes enrolling the child in school and extracurricular activities, and obtaining social and health services, thus needing to know the child's age. This bill would clarify existing law by initiating the process for a child or his or her caregiver to receive the child's birth certificate when the court denies or terminates reunification services. Although existing law already requires that a child or his or her caregiver be provided with the child's birth certificate, there are still instances when the child has not received his or her birth certificate or the birth certificate contains inaccurate or incomplete information. In support of this bill, the California Youth Connection writes "many youth age out of the child welfare system and are not provided with their correct and certified birth certificate. Additionally, while in the child welfare system, caregivers of foster youth are not being provided copies of birth certificates, not only making it difficult to sign foster youth up for educational and extracurricular activities, but also making it difficult to correct missing information or inaccuracies on the birth certificate before the youth ages out." Requiring the courts to order that the birth certificate be provided to caregivers at the same time the court denies or terminates reunification AB 791 (Ammiano) Page 5 of ? services should expedite the process leading to more efficient access to the child's birth certificate. The Human Rights Watch conducted a study of the California foster care system, titled "My So-Called Emancipation" which found that "90 percent of those emancipated young adults have no source of income; 65 percent don't have a high school diploma; and 20 percent or more become homeless." As noted by The Defenders Online, a civil rights blog, "the lack of proper identification is a huge obstacle to obtaining a job or renting an apartment." ( http://www.thedefendersonline.com No Birth records=Tough Road Ahead When Aging Out of Foster Care, February 23, 2011.) This bill seeks to remedy this problem by requiring the court to order that a child or his or her caregiver receive the child's birth certificate in a more timely manner. The California Youth Connection write in support that, "this is an important and timely piece of legislation that clarifies existing law by initiating the process of obtaining and providing a foster youth's birth certificate when the court denies the order for reunification services or orders the termination of reunification services for a foster youth." 3. Denying reunification services Under existing law, the court must consider several factors when determining whether to deny an order for reunification services. While this process is separate and distinct from terminating parental rights, it is still a significant decision issued by the court. At this point in the process, the court has determined that reunification services will not benefit the child. Depending on the age of the child, this could mean that he or she may never be reunified with his or her parents. Since the child will be placed with another guardian, it would be more expedient to provide the child or his or her caregiver with the child's birth certificate. This bill would require the court, if denying reunification services, to also order that the child's caregiver receive the child's birth certificate. Or, if the child is 16 or older, to order that the child receive his or her birth certificate, when appropriate. 4. Terminating reunification services pursuant to the court ordering a hearing to terminate parental rights Under existing law, when the court orders a hearing to terminate parental rights, the court also orders that reunification services must be terminated. This bill would require the AB 791 (Ammiano) Page 6 of ? courts, when terminating reunification services pursuant to an order for a hearing to terminate parental rights, to also order that the child's caregiver receive the child's birth certificate. If the child is 16 years of age or older, then the court must order that the child receive his or her birth certificate, when appropriate. 5. This bill would not address situations when a child was never issued a birth certificate This bill would clarify existing law by providing a more specific procedure for when a foster child receives his or her birth certificate. However, this bill does not address situations when a child is born, yet is never issued a birth certificate. While this is a rare situation, it has occurred. Support : California Youth Connection Opposition : None Known HISTORY Source : Author Related Pending Legislation : None Known Prior Legislation : AB 2310 (Maze, Chapter 131, Statutes of 2008) (See Background.) SB 591 (Scott, Chapter 812, Statutes of 2003) (See Background.) AB 686 (Aroner, Chapter 911, Statutes of 2000) (See Background.) Prior Vote : Assembly Floor (Ayes 77, Noes 0) Assembly Committee on Judiciary (Ayes 10, Noes 0) ************** AB 791 (Ammiano) Page 7 of ?