BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1147
                                                                  Page  1

          Date of Hearing:   April 26, 2011

                        ASSEMBLY COMMITTEE ON HUMAN SERVICES
                                Jim Beall Jr., Chair
                    AB 1147 (Yamada) - As Amended:  April 4, 2011
           
          SUBJECT  :  Dependent children:  status reports

           SUMMARY  :  Requires, if a youth in foster care is a teen parent, 
          a report of the specific age and developmentally appropriate 
          services the minor parent received in order to provide a safe 
          home for his or her child while in foster care consistent with 
          the Teen Parents in Foster Care Act of 2004, to be filed with 
          the court and discussed as part of the foster youth's periodic 
          status review hearings.

           EXISTING LAW  

          1)Establishes a system of child welfare services for abused and 
            neglected children.

          2)Provides that the child of a dependent minor in foster care 
            cannot be involuntarily separated from his or her parent 
            unless the court orders dependency of the child and orders 
            removal.

          3)Establishes special payment rates that take into account the 
            circumstance of a minor parent and her child living together 
            in a foster-care home or facility.

          4)Establishes the Teen Parents in Foster Care Act of 2004, 
            which, among other things:

             a)   States the intent of the Legislature that the courts and 
               other responsible agencies shall make diligent and active 
               efforts to maintain relationships between minor parents and 
               their children, including placement together of the minor 
               parent and child in as family-like a setting as possible, 
               unless it is determined that the placement together poses a 
               risk to the child;

             b)   Directs responsible agencies, to the greatest extent 
               possible, provide services to the dependent minor parents 
               and their children that support, maintain, and develop the 
               parent-child bond and the minor parent's ability to provide 








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               a safe home;

             c)   Directs child welfare agencies to identify and support 
               whole family placements, defined as a licensed or approved 
               foster home specifically recruited and trained to assist a 
               dependent parent in developing the skills needed to provide 
               a safe, stable, and permanent home for his or her dependent 
               or nondependent child; and

             d)   Defines a "minor parent" as a dependent child who is 
               also a parent.

          5)Requires a periodic review of the foster child's case, at 
            least every 6 months, to include a supplemental report to the 
            court prepared by the social worker and outlining various 
            topics, including whether the county has considered child 
            protective services and family maintenance for the foster 
            child and considerations related to placement with siblings 
            and education rights holders. 

           FISCAL EFFECT  :  Unknown

           COMMENTS  :

          Teen pregnancy among foster youth:  Teens in foster care are more 
          likely than their peers to become parents.  While the exact 
          numbers of California youth who become parents while in foster 
          care is unknown, a study by the University of Chicago found 
          that, at least 30% of female foster youth in Illinois had been 
          pregnant more than once, with nearly 90% of those pregnancies 
          resulting in live birth, and that nearly a quarter of those 
          young mothers had at least two children.  Overall, the trend 
          continues and by age 21, 71% of young women who had been in 
          foster care had been pregnant compared with only 34% of their 
          peers, and half of young men who had been in foster care 
          reported having gotten a female pregnant, compared with 19% of 
          their peers.

          The reasons for the higher rates of teen pregnancy among foster 
          youth vary by individual case, but a 2009 report by the Public 
          Health Institute's Center for Research on Adolescent Health and 
          Development titled, "Sexual Health Needs of California's Foster 
          and Transitioning Youth" found that among the unique challenges 
          faced by foster youth are:  an acceptance of early pregnancy in 
          their families of origin or among their peers; a stronger 








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          longing for love and a sense of belonging compared with their 
          non-foster peers; and becoming pregnant in order to hold onto a 
          partner.  Another challenge cited by the report was that 
          frequent school and placement changes simply mean that many 
          foster youth may not receive sex education, and foster parents 
          or social workers may be reluctant to bridge the conversation.

          Given that foster youth are often without the support and 
          stability they need to thrive, it is perhaps not surprising, but 
          certainly problematic therefore, that foster youth are also more 
          likely to have their own children removed from them and placed 
          into foster care.  Among the Illinois teen parents in foster 
          care, 22% had been investigated for child abuse or neglect, and 
          11% had a child placed in foster care.  

           Teen Parents in Foster Care Act:   California has consistently 
          affirmed a policy of working to keep teen parents in foster care 
          with their children unless their child is at risk of child abuse 
          or neglect.  The Teen Parents in Foster Care Act passed in 2004 
          asserted the intent of the Legislature to provide teen parents 
          in foster care with the supports and services required to keep 
          foster youth and their children in safe, stable, and supportive 
          environments whenever possible.  Subsequent to this bill, state 
          law was changed to better align state and federal funding 
          incentives and provide teen parent foster youth with greater 
          placement options, such as the whole family foster home 
          placement-both for those teen parents placed with a nondependent 
          child, and for those who are placed with a dependent child 
          during the family reunification process.

          According to the author, while the Teen Parents in Foster Care 
          Act set forth the policy in child welfare of keeping dependent 
          youth's families intact, it did not include a means to measure 
          and evaluate the success or barriers to placement of teen foster 
          parents with their children.  

           This bill  would require, for teen parents in foster care, an 
          accounting of the age and developmentally appropriate services 
          provided offered to the foster youth to be added to the 
          supplemental report filed by the social worker with the court 
          for each periodic status review hearing.  According to the 
          author, addition of this information in the supplemental report 
          will ensure the court will have the ability to compare the 
          services provided to the youth with those recommended in the 
          minor parent's case plan, and to identify and discuss possible 








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          barriers to placement of teen foster parents and their children. 
           It is the author's expectation that this will allow the court 
          to evaluate whether the child welfare agency is supporting the 
          minor parent and their child and affording them every 
          opportunity to keep their family in tact without jeopardizing 
          the safety of the minor parent's child.

          The California Bar Associations, a sponsor of this bill writes 
          in support:

               Welfare and Institutions Code Section 366.1 currently 
               requires social workers to prepare periodic reports on 
               child protective services provided to specified 
               individuals, including teen parents in foster care.  
               ÝThis bill] would specify that in cases involving teen 
               parents in foster care, the reports include 
               information on what age and developmental-appropriate 
               services were provided to the minor parent to provide 
               a permanent and safe home for the child, consistent 
               with the Teen Parents in Foster Care Act? A key goal 
               of the Teen Parents in Foster Care Act was to ensure 
               that minor parents be given adequate resources, 
               support, and guidance to be able to successfully 
               parent their children.  ÝThis bill] would simply 
               utilize an existing reporting mechanism to monitor the 
               allocation of those resources.  In this way, the bill 
               provides for the collection of necessary and valuable 
               information with a minimal investment of time, energy 
               or money.

           Prior Legislation:

           SB 1178 (Kuehl) Chapter 841, Statutes of 2004 established the 
          Teen Parents in Foster Care Act.

          SB 500 (Kuehl) Chapter 630, Statutes of 2005 created the "whole 
          family foster home," placement which provides foster care for 
          teen parents and their dependent or nondependent children.

          SB 720 (Kuehl) Chapter 475, Statutes of 2007 clarified 
          provisions of SB 500.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 








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          Conference of California Bar Associations (CCBA)
          Family Law Section Executive Committee
          Women Lawyers of Sacramento 

           Opposition 
           
          None on file.
           
          Analysis Prepared by  :    Michelle Doty Cabrera / HUM. S. / (916) 
          319-2089