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
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|Ayes:|Feuer, Atkins, Dickinson, |Ayes:|Beall, Ammiano, Hall, |
| |Gorell, Huber, Monning, | |Portantino |
| |Wieckowski, Chesbro | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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APPROPRIATIONS 12-5
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|Ayes:|Gatto, Blumenfield, | | |
| |Bradford, Charles | | |
| |Calderon, Campos, Davis, | | |
| |Fuentes, Hall, Hill, | | |
| |Cedillo, Mitchell, | | |
| |Solorio | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Harkey, Donnelly, | | |
| |Nielsen, Norby, Wagner | | |
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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
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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
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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
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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
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$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
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FN: 0004955