BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1064| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 SB 1064 Page 2 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 SB 1064 Page 3 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, SB 1064 Page 4 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 SB 1064 Page 5 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 SB 1064 Page 6 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 SB 1064 Page 7 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 SB 1064 Page 8 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." SB 1064 Page 9 CTW:do 5/25/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****