BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  SB 1064|
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                              UNFINISHED BUSINESS


          Bill No:  SB 1064
          Author:   De León (D), et al.
          Amended:  8/24/12
          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

           ASSEMBLY FLOOR  :  Not available
          
          
           SUBJECT  :    Child custody:  immigration

           SOURCE  :     Author


           DIGEST  :    This bill provides family and custodial 
          protections for children of immigrant families.

           Assembly Amendments  (1) delete language that states if a 
          court finds that the parent has made reasonable efforts to 
          regain custody of the child or that termination of parental 
          rights would be detrimental to the child.  The bill would 
          prohibit this extension under specified circumstances, 
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          including if the child was an abandoned infant, the parent 
          was accused of murder or voluntary manslaughter of another 
          of his/her children or of felony assault against this child 
          or another of the parent's children from the bill; (2) 
          instead include language that states if a court finds there 
          is a substantial probability, as defined, that the child 
          will be returned to the physical custody of his/her parent 
          and safely maintained in the home within the extended time 
          period or that reasonable services have not been provided 
          to the parent or guardian; (3) extend the date for the 
          Department of Social Services (DSS) to provide guidance on 
          best practices and to facilitate an exchange of 
          information, from July 1, 2013 to January 1, 2014, on 
          establishing a memoranda of understanding with foreign 
          consulates; (4) contains chaptering out language for AB 
          1712 (Beall), AB 2060 (Bonilla), AB 2209 (Hueso) and AB 
          2292 (Nielsen) and SB 1476 (Leno) and SB 1521 (Liu); and 
          (5) make other clarifying and technical changes.

           ANALYSIS  :    

          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/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 







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             incarcerated, institutionalized, or ordered into a 
             resident substance abuse program if the court makes 
             particular findings.

          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 circumstances of a child being taken into temporary 
             custody, decides that it is appropriate to release the 
             child to his/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 







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             guardianship and adoption regardless of his/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 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 there 
             is substantial probability that the child will be 
             returned to his/her parent's custody, as provided, and 
             safely remain in the home or that reasonable services 
             have not been provided to the parent.

           13.Requires the court to consider a parent's detention or 
             deportation as barriers to that parent's ability to 







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             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.

           15.Requires DSS, commencing January 1, 2014, and annually 
             thereafter, to provide guidance on best practices and 
             facilitate exchange of best practices and information 
             among counties on establishing memoranda of 
             understanding with foreign consulates in juvenile court 
             cases in which a parent has been arrested and issued an 
             immigration hold, has been detained by DHS, or has been 
             deported to his/her country of origin, including 
             specified procedures relating to family reunification.  
             Allows the exchange of information to be accomplished by 
             posting information on the DSS Web site.

           16.Requires DSS, commencing January 1, 2014, and annually 
             thereafter, to provide guidance on best practices and 
             facilitate exchange of best practices and information 
             among counties on how to assist children in juvenile 
             court who are eligible for special immigrant juvenile 
             status.  Allows the exchange of information to be 
             accomplished by posting information on the DSS Web site.

           17.Contains chaptering out language for ABs 1712, 2060, 
             2209 and 2292 and SBs 1476 and 1521.

           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 







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             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 
          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.








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             "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 
          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 







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          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 
            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  8/28/12)

          9to5 National Association of Working Women







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          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
          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







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           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."


          CTW:RM:d  8/28/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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