BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair


          AB 2209 (Hueso) - Dependent children: placement out of country.
          
          Amended: April 23, 2012         Policy Vote: Judiciary 4-0
          Urgency: No                     Mandate: Yes
          Hearing Date: June 25, 2012                            
          Consultant: Jolie Onodera       
          
          This bill does not meet the criteria for referral to the 
          Suspense File.


          Bill Summary: AB 2209 would prohibit the placement of a 
          dependent child outside of the United States with any person who 
          is not the parent of the child, absent a judicial finding that 
          the placement is, by clear and convincing evidence, in the best 
          interest of the child. 

          Fiscal Impact:
                 One-time costs likely less than $50,000 (General Fund) 
               for the Department of Social Services (DSS) to develop 
               policies and regulations regarding the placement of 
               children outside the country. 
                 Ongoing negligible impact to the Judicial Branch due to 
               the very few cases anticipated that will require a judicial 
               determination prior to issuing an order authorizing 
               placement outside the country.
                 Ongoing likely minor, potential state-reimbursable costs 
               for social workers to provide the burden of proof necessary 
               to place dependent children outside the country. 
                 Potential minor increase in child welfare services costs 
               to the extent the provisions of this bill prevent the 
               placement of a child outside the country.

          Background: Existing law provides that a child may become a 
          dependent of the juvenile court and removed from his or her 
          parents or guardian on the basis of abuse or neglect. Existing 
          law provides that when a court orders removal of a dependent 
          child from his or her home, the court must order the care, 
          custody, control, and conduct of the child to be under the 
          supervision of a social worker. Existing law allows the social 
          worker to place the child in, among other places, the home of a 
          noncustodial parent or the approved home of a relative or a 








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          nonrelative extended family member, as defined. 

          Additionally, existing law requires the status of every 
          dependent child to be reviewed by the court every six months. 
          However, placement of a dependent child outside of the United 
          States may result in a lack of adequate oversight that the court 
          and social worker would be able to exercise after a child is 
          placed outside the country.
                                                       
          Proposed Law: This bill seeks to ensure that the court has 
          adequate information to make a determination by placing a higher 
          evidentiary burden on the party requesting placement of the 
          child outside the country. Existing law does not expressly allow 
          nor prohibit the placement of a dependent child outside the 
          country.

          This bill would prohibit a child under the supervision of a 
          social worker from placement outside of the United States prior 
          to a judicial finding that the placement is in the best interest 
          of the child, except as required by federal law or treaty. This 
          bill would require the party or agency requesting placement of 
          the child outside the country to carry the burden of proof and 
          must show, by clear and convincing evidence, that placement 
          outside the country is in the best interest of the child.

          This bill would require the court to consider, but not be 
          limited to, the following factors when determining the child's 
          best interest:
                 Placement with a relative.
                 Placement of siblings in the same home.
                 Amount and nature of any contact between the child and 
               the potential caregiver.
                 Physical and medical needs of the child.
                 Psychological and emotional needs of the child.
                 Social, cultural, and educational needs of the child.
                 Specific desires of any dependent child who is 12 years 
               of age or older. 

          If the court finds that a placement outside the country is, by 
          clear and convincing evidence, in the best interest of the 
          child, the court may issue an order authorizing the social 
          worker to make a placement outside the country. A child shall 
          not leave the country prior to the issuance of the judicial 
          order. The placement restrictions are not applicable to the 








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          placement of a dependent child with a parent.

          Staff Comments: Additional workload to develop policies and 
          regulations regarding placement of dependent children outside 
          the country could potentially result in one-time costs of less 
          than $50,000 (General Fund) to the DSS. 

          According to the Judicial Council, very few dependent children 
          are considered for placement in homes outside the country on a 
          statewide basis each year. As a result, ongoing costs to the 
          courts and child welfare departments are estimated to be minor.