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 AB 2209 (Hueso) Page 1 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 AB 2209 (Hueso) Page 2 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.