BILL ANALYSIS Ó SB 1064 Page 1 SENATE THIRD READING SB 1064 (De León) As Amended April 16, 2012 Majority vote SENATE VOTE :28-7 JUDICIARY 8-0 HUMAN SERVICES 4-0 ----------------------------------------------------------------- |Ayes:|Feuer, Atkins, Dickinson, |Ayes:|Beall, Ammiano, Hall, | | |Gorell, Huber, Monning, | |Portantino | | |Wieckowski, Chesbro | | | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- APPROPRIATIONS 12-5 ----------------------------------------------------------------- |Ayes:|Gatto, Blumenfield, | | | | |Bradford, Charles | | | | |Calderon, Campos, Davis, | | | | |Fuentes, Hall, Hill, | | | | |Cedillo, Mitchell, | | | | |Solorio | | | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Harkey, Donnelly, | | | | |Nielsen, Norby, Wagner | | | ----------------------------------------------------------------- SUMMARY : Provides family and custodial protections for children of immigrant families. Specifically, this bill : 1)States that a relative's immigration status does not disqualify the relative from receiving custody of a child in a family law proceeding. 2)Allows a relative to file for guardianship of a minor dependent regardless of immigration status and provides that immigration status of the relative alone shall not constitute unsuitability. 3)Directs that if a social worker, upon investigation of the SB 1064 Page 2 circumstances of a child being taken into temporary custody, decides that it is appropriate to release the child to his or her parent, guardian or a responsible relative, that release shall occur regardless of the adult's immigration status. 4)Provides that a relative's identification card from a foreign consulate or a foreign passport shall be considered valid forms of identification for the purposes of conducting criminal record and fingerprint clearance checks when a social worker is deciding whether to place a child in the temporary custody of a relative or into the home of a relative as a foster care placement. 5)Specifies that when a social worker is placing a child in a foster care setting, the home of a noncustodial parent or approved home of a relative may be considered regardless of the parent's or relative's immigration status. 6)Specifies that when a relative has requested placement of a child who is removed from parental custody, preferential consideration be given to the family member regardless of that relative's immigration status. 7)Specifies that a relative caregiver shall be given information regarding the permanency options of guardianship and adoption regardless of his or her immigration status. 8)Authorizes an extension of reunification services from 6 or 12 months to 18 or 24 months, as specified, for parents who have been arrested and issued an immigration hold, detained by the United States Department of Homeland Security (DHS), or deported to their country of origin. 9)Adds detention by DHS and deportation to a parent's country of origin to the list of circumstances that must be considered by the dependency court in determining appropriate reunification services for a child. 10)Directs the court to provide reasonable efforts to assist parents who have been deported to contact child welfare authorities in their country of origin, identify any available services that would substantially comply with case plan requirements, document parents' participation in those services, and accept reports from local child welfare SB 1064 Page 3 authorities as to the parents' living situation, progress and participation in services. 11)Adds a parent's detention to the list of circumstances eligible for alternative family reunification services. Adds a parent's detention or deportation to the list of circumstances that a court must consider in determining whether the failure of the parent to participate in services is prima facie evidence that reunification would be detrimental to the child. 12)Permits the court to continue a child's permanency review hearing for up to six months if the parent has been arrested and issued an immigration hold, detained by DHS or deported and the court determines that either the parent has made reasonable efforts to regain custody of the child or termination of parental rights would be detrimental to the child. 13)Requires the court to consider a parent's detention or deportation as barriers to that parent's ability to participate in reunification when determining a child's permanency plan. 14)Adds to the list of circumstances under which a dependency court may extend a child's permanency hearing that a parent is making progress in reunification services after being recently discharged from the custody of DHS or recently returned to the United States following deportation to his or her country of origin. 15)Requires the Department of Social Services (DSS), prior to July 1, 2013, to provide guidance to counties and municipalities to establish memoranda of understanding with foreign consulates in custody cases in which a parent has been arrested and issued an immigration hold, has been detained by DHS, or has been deported to his or her country of origin, including specified procedures relating to family reunification. 16)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 SB 1064 Page 4 and any other form of relief available under immigration law. EXISTING LAW : 1)Requires a social worker to attempt to maintain the child with the child's family. Absent specified circumstances, requires the social worker to immediately release the child to the custody of the child's parent, guardian, or relative. 2)Requires a social worker to use due diligence in investigating the names and locations of relatives who are able and willing to care for a dependent child. Requires social workers to conduct an assessment of a relative or non-relative's suitability, including an in-home inspection and a criminal records check. 3)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 or her ability to maintain contact with his or her child. Allows for court ordered services in pursuit of family reunification to be extended from 6 or 12 months 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. FISCAL EFFECT : According to the Assembly Appropriations Committee: 1)Potential one-time costs in excess of $150,000 (General Fund (GF)) for increased DSS staffing workload for development of specified guidelines to counties. 2)Annual ongoing state-mandated costs in the range of $200,000 (GF) for specified extension of reunification services for impacted youth. Roughly 700 foster children in California have a detained or deported parent. If the court determines that 50% of these cases warrant an extension under this bill's provisions, and the state provides these children with an average of four additional months of reunification services, at approximately SB 1064 Page 5 $1,167 per four months of extra social worker expenses, the state would incur costs of approximately $410,000 ($205,000 GF) annually. 3)Annual ongoing costs in the range of $150,000 (GF) for increased workload to the Department of Justice (DOJ) Foreign Prosecutions and Law Enforcement Unit, to assist child services agencies and district attorneys in their interactions with the Mexican government. 4)Minor increased cost pressure on social worker workload to include information in case plans about parents' detention or deportation. 5)Potentially significant future cost savings in foster care and adoption systems if this bill results in an increased number of children reunified with their parents or relatives, due to decreased need for foster care services or Adoption Assistance payments (AAP). COMMENTS : This bill seeks to reduce barriers faced by immigrant families who come in contact with the child welfare system. Immigration laws attempt to keep family together, whether or not parents are deported. Child welfare policies also strive for family reunification. In practice, however, it is often the case that these policies are not achieved for families with undocumented parents. When parents are detained or deported and, as a result, their children become dependents of the court, reunification often does not happen within the required timeframe. If these children are not taken in by relatives, they may remain in the foster care system with strangers and their parents' rights may be terminated. This bill seeks to create uniform, statewide policies and practices that eliminate family reunification barriers in the child welfare system for immigrant families. This bill grants an extension in the family reunification period where parents are detained or deported. Where reunification is not immediately available, this bill seeks to ensure that children can be placed with relatives, regardless of their immigration status. Analysis Prepared by : Leora Gershenzon / JUD. / (916) 319-2334 SB 1064 Page 6 FN: 0004955