BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  SB 1064|
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                                 THIRD READING


          Bill No:  SB 1064
          Author:   De León (D), et al.
          Amended:  4/16/12
          Vote:     21

           
           SENATE HUMAN SERVICES COMMITTEE  :  4-0, 3/27/12
          AYES:  Liu, Hancock, Wright, Yee
          NO VOTE RECORDED:  Emmerson, Berryhill, Strickland

           SENATE JUDICIARY COMMITTEE  :  5-0, 4/24/12
          AYES:  Evans, Harman, Blakeslee, Corbett, Leno

           SENATE APPROPRIATIONS COMMITTEE  :  5-2, 5/24/12
          AYES:  Kehoe, Alquist, Lieu, Price, Steinberg
          NOES:  Walters, Dutton
          
          
           SUBJECT  :    Child custody:  immigration

           SOURCE  :     Author


           DIGEST  :    This bill authorizes the dependency court to 
          extend the review hearing periods for reunification 
          following consideration of a parents ability to comply with 
          court ordered services where a child has been removed from 
          the custody of a parent and the parent has been arrested 
          and issued an immigration hold, detained by the United 
          States Department of Homeland Security (DHS), or deported 
          to his or her country of origin.  This bill prohibits a 
          family member's immigration status from being considered 
          when deciding where to temporarily or permanently place 
                                                           CONTINUED





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          minor dependent children.  Additionally, this bill allows 
          for the use of foreign or consulate identification cards 
          and passports in criminal background checks and live scan 
          fingerprinting by social workers when determining the 
          fitness of a relative's home for the placement of a child.  
          This bill requires the Department of Social Services (DSS) 
          to provide guidance to counties in establishing memoranda 
          of understanding with foreign consulates in child custody 
          cases. Finally, this bill requires by July 1, 2013, DSS to 
          provide guidance to California county child welfare 
          services on how to identify and aid children eligible for 
          Special Immigrant Juvenile Status and other forms of relief 
          available under immigration law.

           ANALYSIS  :    Existing law establishes an order of 
          preference to be used in conjunction with the best 
          interests of the child when determining custody of a child. 
           Preference is first for one or both of the parents, then 
          to the person in whose home the child has been living in a 
          wholesome and stable environment, then to any other person 
          deemed by the court to be suitable.  

          This bill adds that a relative's immigration status shall 
          not disqualify the relative from receiving custody of a 
          child.

          Existing law provides that a relative may file guardianship 
          and that, in appointing a guardian, the court shall be 
          guided by what appears to be in the best interest of the 
          child, including the child's preference.  (Probate Code 
          Section 1510(a), (c), and (e).)

          This bill allows a relative to file for guardianship of a 
          minor dependent regardless of immigration status, and 
          provides that immigration status alone shall not constitute 
          unsuitability. 

          Existing law requires a social worker to attempt to 
          maintain the child with the child's family.  Absent 
          specified circumstances, the social worker shall 
          immediately release the custody of the child's parent, 
          guardian, or relative. 

          Existing law requires a social worker to use due diligence 







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          in investigating the names and locations of relatives who 
          are able and willing custodians of a minor child under the 
          temporary custody of the court.

          This bill requires that the social worker immediately 
          release a child under temporary custody of the court to a 
          responsible relative, as specified, regardless of the 
          relative's immigration status unless a specified condition 
          exists. 

          Existing law requires social workers to conduct an 
          assessment of the relative or non-relative's suitability, 
          including an in-home inspection and a criminal records 
          check, and a check of allegations of prior child abuse or 
          neglect of the adult relative and all adults residing in 
          the home prior to placing the child in the home.  

          This bill allows social workers to use a foreign 
          identification card or foreign passport to conduct a 
          criminal records check and fingerprint clearance in 
          background and criminal investigations of relatives of 
          dependent minor children. 

          Existing law provides that, in pursuing family 
          reunification, the court shall order reasonable services 
          for incarcerated or institutionalized parents, and must 
          consider the parent's access to the court-mandated services 
          and his/her ability to maintain contact with his/her child. 
           This information shall be noted in the child's case plan.

          Existing law allows for court ordered services in pursuit 
          of family reunification to be extended from 12 to 18 or 24 
          months, as specified, for parents who are incarcerated, 
          institutionalized, or ordered into a resident substance 
          abuse program if the court makes particular findings. 

          This bill authorizes an extension in reunification services 
          from 12 to 18 or 24 months, as specified, for parents who 
          have been arrested and issued an immigration hold, detained 
          by DHS, or deported to his or her country of origin.

          This bill requires the DSS, prior to July 1, 2013, to 
          provide guidance to counties in establishing memoranda of 
          understanding with foreign consulates in custody cases, 







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          including specified procedures relating to family 
          reunification. 

          This bill requires DSS, prior to July 1, 2013, to provide 
          guidelines to counties and municipalities detailing 
          procedures for social workers to assist children in child 
          custody and dependency cases who are eligible for special 
          immigrant juvenile status and any other form of relief 
          available under immigration law.  

           Background
           
           Child Welfare System  .  Approximately 70,000 children are in 
          the custody of California's child welfare system because of 
          abuse, neglect - including abandonment - or at-risk living 
          situations.  This figure includes those living in foster 
          homes, group homes and with relatives.  In California, the 
          law requires that courts first consider whether a child is 
          appropriate for family reunification services, defined as 

             "? activities designed to provide time-limited foster 
             care services to prevent or remedy neglect, abuse, or 
             exploitation, when the child cannot safely remain at 
             home, and needs temporary foster care, while services 
             are provided to reunite the family."    

          Typically, the family reunification case plan requires 
          parents or guardians to participate in therapy, 
          rehabilitation and other services with the goal of 
          regaining custody of the child.  State law requires 
          adherence to a strict timeline in which to provide 
          services, evaluate whether reunification is in the best 
          interest of the child and create a permanent plan for the 
          child. 

          In cases involving parents who are incarcerated or 
          institutionalized, the law recognizes that there may be 
          barriers to receiving services and to establishing 
          visitation schedules between parents and children, and 
          provides an opportunity for the courts to extend this 
          timeline if it appears reunification is likely and would be 
          appropriate.  It also provides an opportunity for 
          dependency courts to exempt parents from reunification 
          services if they are incarcerated or institutionalized and 







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          those services are not available.

           "Shattered Families" report  .  A November 2011 report 
          prepared and released by the Applied Research Center 
          estimated that 5,100 children nationwide whose parents were 
          either detained or deported are living in foster care.  The 
          center's report, "Shattered Families:  The Perilous 
          Intersection of Immigration Enforcement and the Child 
          Welfare System," predicted that number of children in 
          foster care with deported or detained parents could grow by 
          another 15,000 in the next five years.  The center's 
          projections are based on a calculation that approximately 
          1.25 percent of all children in foster care have parents 
          who have been detained or deported. Using that rate, the 
          number of California children currently in the system with 
          detained or deported parents would be approximately 875. 

          The report argues that while priorities established in 
          child welfare policies and immigration policies underscore 
          the need to reunite families, current practices present 
          barriers to that goal.

             "Immigration policies and laws are based on the 
             assumption that families will, and should, be united 
             whether or not parents are deported.  Similarly, 
             child welfare policy aims to reunify families 
             whenever possible.  In practice, however, when 
             mothers and fathers are detained and deported and 
             their children are relegated to foster care, family 
             separation can last for extended periods.  Too often, 
             these children lose the opportunity to ever see their 
             parents again when a juvenile dependency court 
             terminates parental rights." (Shattered Families, 
             executive summary, p. 3)

           Current Practices  .  Some California counties already are 
          taking efforts to remove barriers to reunification for 
          these families. Los Angeles, San Francisco and several 
          other counties have memorandums of understanding with their 
          local Mexican consulates that define responsibilities for 
          each entity and ensure confidentiality of information 
          exchanged. 

          In San Francisco County, for example, the county agrees 







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          when possible to obtain a certified copy of the U.S. birth 
          certificate in order to prove a minor's citizenship and 
          provides that the consulate may assist the county whenever 
          possible in obtaining corresponding Mexican birth 
          certificates.  The memorandum-of-understanding (MOU) 
          requires county social workers to provide verbal updates on 
          the progress of the child's case when requested by the 
          consulate and requires the county to consent for the minor 
          to be interviewed by the consulate.  The consulate is 
          required to be available to social workers during business 
          and after hours, assist with searches in Mexico for parents 
          or relatives, when needed and facility the repatriation of 
          Mexican minors when there are no protective issues 
          involving the child's placement in the custody of the 
          county's child welfare agency.  The MOU also describes the 
          roles of both agencies in ensuring a parent's appearance in 
          dependency court, in finalizing adoptions and in proceeding 
          when a parent has abducted their child and fled to Mexico. 

          Los Angeles County formalized its practice of placing 
          children with undocumented relatives in policy guidelines 
          stretching back several decades. "Immigration status of a 
          relative caregiver should not hinder the placement of a 
          relative child in the home as long as (licensing standards) 
          are met," according to a 2008 memo.  Los Angeles County 
          also was one of the initial counties to use foreign 
          consulate identification cards from the Consulate of Mexico 
          to satisfy the need to present identification to a live 
          scan technician.  The identification cards may be obtained 
          from the consulate by an undocumented U.S. resident once a 
          criminal background check in Mexico is cleared.  The cards 
          then may be used to access the live scan background check 
          used by California child welfare agencies to clear 
          prospective foster parents. Los Angeles County subsequently 
          set up similar arrangements with the consulates of the 
          Argentine Republic and Korea. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  Yes

          According to the Senate Appropriations Committee:

           One-time costs potentially in excess of $150,000 (General 
            Fund) for increased DSS staffing workload for research 







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            and development of specified guidelines to counties. 

           Annual ongoing state-mandated costs in the range of 
            $200,000 (General Fund) for 6- to 12-month extension of 
            reunification services to impacted youth.

           Increased cost pressure on social worker (SW) workload to 
            include information in case plans about a parent's 
            detention by the DHS or deportation. 

           Annual ongoing costs in the range of $150,000 (General 
            Fund) for increased workload to the Department of Justice 
            (DOJ) Foreign Prosecutions and Law Enforcement Unit. 

           Potentially significant future cost savings (Local) in 
            foster care, adoption assistance payments to the extent 
            the provisions of this bill result in an increased number 
            of children successfully reunified with their parents.

           SUPPORT  :   (Verified  5/22/12)

          9to5 National Association of Working Women
          All Saints Church Foster Care Project
          Alternative Family Services
          American Civil Liberties Union of California
          American Federation of State, County, and Municipal 
          Employees, AFL-CIO
          Applied Research Center
          Asian Americans for Civil Rights & Equality
          Asian Law Alliance
          ASISTA Immigration Assistance
          California Catholic Conference, Inc.
          California Immigrant Policy Center
          California Latinas for Reproductive Justice
          California Partnership
          California Rural Legal Assistance Foundation
          California Youth Connection
          Californians United for a Responsible Budget
          Center for Community Alternatives
          Children's Law Center of California
          Clergy and Laity United for Economic Justice, Los Angeles
          Coalition for Humane Immigrant Rights of Los Angeles
          Congregation of the Sisters of the Holy Cross
          First Focus Campaign for Children







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          Franciscan Action Network Guam Communications Network
          Iglesia de la Comunidad, Presbyterian Church USA
          Immigration Legal Resource Center
          Immigration Task Force of the United Methodist Church
          Justice Now
          Latino Policy Coalition
          Legal Services for Children
          Legal Services for Prisoners with Children
          Lutheran Office of Public Policy California
          Mexican American Legal Defense and Education of Fund
          MomsRising.org
          Mujeres Unidas y Activas
          National Association of Social Workers
          Public Counsel
          Restoration Project, Tucson
          Safe Passages
          Santa Clara County Board of Supervisors
          Services, Immigrant Rights & Education Network
          Street Level Health Project
          The Young Center for Immigrant Children's Rights
          Tongan Community Service Center
          Tucson Samaritans

           ARGUMENTS IN SUPPORT  :    The Coalition for Humane Immigrant 
          Rights of Los Angeles writes that children whose parents 
          are detained or deported by immigration officials face 
          economic hardship and emotional trauma. 

             "Besides losing his/her parents, these children may 
             also lose the opportunity to stay close to their 
             love(d) ones that reside in the U.S. because after 
             the detention or deportation of their parents they 
             are placed into foster care.  Unfortunately many of 
             them will never have a realistic opportunity to be 
             reunified with their parents and /or close relatives 
             because parents in immigration detainment are 
             frequently unable to access services ? (and) 
             immigrant relatives that may be willing to take 
             custody of a child when a parent is in this situation 
             are turned down by the child welfare system because 
             of their immigration status.  This bill is an 
             important step in the right direction to ensure that 
             families stay together and that children get to grow 
             up in loving and stable homes."







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          CTW:do  5/25/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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