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)
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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.)
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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
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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
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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
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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)
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