BILL ANALYSIS Ó AB 545 Page 1 Date of Hearing: April 16, 2013 ASSEMBLY COMMITTEE ON HUMAN SERVICES Mark Stone, Chair AB 545 (Mitchell) - As Introduced: February 20, 2013 SUBJECT : Foster youth: nonrelative extended family member SUMMARY : Would expand the definition of a nonrelative extended family member. Specifically, this bill : Expands the definition of a nonrelative extended family member to include those who have a relationship with the family. EXISTING LAW 1)States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being physically, sexually, or emotionally abused, neglected, or exploited, and to ensure the safety, protection, and physical and emotional well-being of children who are at risk of harm. 2)States the intent of the Legislature to preserve and strengthen a child's family ties whenever possible and to reunify a foster youth with their biological family whenever possible, or to provide a permanent placement alternative, such as adoption or guardianship. 3)Allows a juvenile court to adjudge a child a ward or a dependent of the court for specified reasons, including but not limited to if the child has been neglected or abused or has committed a crime, as specified. 4)Establishes a state and local system of child welfare services, including foster care, for children who have been adjudged by the court to be at risk or have been abused or neglected, as specified. 5)Establishes a process for the identification and placement of a ward or dependent of the court with a parent, relative, extended relative or other form of guardianship. 6)Defines a nonrelative extended family member (NREFM) as any adult caregiver who has an established familial or mentoring relationship with a child and requires a county welfare AB 545 Page 2 department to verify the existence of this relationship, as specified. 7)Requires all adults caring for or living with a foster youth to undergo a criminal background check and precludes the Director of the Department of Social Services (DSS) from allowing any foster youth to be placed with individuals convicted of certain crimes, as specified. 8)Places eligibility conditions upon individuals who may serve as a guardian over a ward or dependent of the court. 9)Requires the courts to conduct review and permanency hearings for youth in the child welfare system and to take into consideration the reasons for the child's circumstances for removal, the parents' efforts to reunify with the child, and other related conditions when determining whether to allow the child to reunite with their biological family or be placed in an alternative permanency placement. FISCAL EFFECT : Unknown BACKGROUND: Maintaining the Family Historically, it has been the stated policy of California that when a child is removed from the home, first preference should be given to placing the child with another parent, or with his or her relatives whenever possible and appropriate. This has helped to preserve and strengthen the social bedrock of our society, by keeping families together and reducing society's reliance on its social welfare system. Child Welfare Services The purpose of California's Child Welfare Services (CWS) system is to provide for the protection and the health and safety of children. Within this purpose, the desired outcome is to reunite children with their biological parents, when appropriate, to help preserve and strengthen families. However, if reunification with the biological family is not appropriate, children are placed in the best environment possible, whether that is with a relative, through adoption, or with a guardian, such as a NREFM. In the case of children who are at risk of abuse, neglect or AB 545 Page 3 abandonment, county juvenile courts hold legal jurisdiction and children are served by the CWS through the appointment of a social worker. Through this system, there are multiple stages where the custody of the child or his or her placement is evaluated, reviewed and determined by the judicial system, in consultation with the child's social worker to help provide the best possible services to the child. At the time a child is identified as needing child welfare services and is in the temporary custody of a social worker, the social worker is required to identify whether there is a relative or guardian to whom a child may be released, unless the social worker believes that the child would be at risk of abuse, neglect or abandonment if placed with that relative or guardian. (Welfare and Institutions Code Sections 306 and 309) The Welfare and Institutions Code also lays out the conditions under which a court may deem a child a dependent or ward of the court, including when the parent has been incarcerated or institutionalized and is unable to arrange for care for the child, such as placement with a known relative. If the child is deemed a dependent or ward of the court, the court may maintain the child in his or her home, remove the child from the home but with the goal of reunifying the child with his or her family, or identify another form of permanent placement. Unless the child is unable to be placed with the parent, the court is required to give preference to a relative of the child in order to preserve the child's association with his or her family. Associated with the placement, the assigned social worker shall develop a case plan for the child, which outlines the placement for the child, sets forth services necessary for the child, and outlines the provision of reunification services, if necessary and appropriate. AB 545 Page 4 Nonrelative Extended Family Member Under current law, a NREFM is defined as a person who has an established familial or mentoring relationship with a child, and can be considered an individual with whom a youth under temporary custody or a dependent or ward of the court may be placed. They can be a godmother or godfather, a coach, a close friend of the family, or anyone who has an established relationship with the child. Unlike foster parents whose home is licensed under the California Community Care Facilities Act (CCFA) NREFMs are not required to be licensed. Rather, they are required to undergo criminal background checks and are assessed by county welfare agencies to determine whether they are an appropriate placement for a youth and can provide for the child's health and safety. The purpose of establishing a NREFM as an appropriate placement for a youth was to provide another valuable option to meet the state's policy goal of placing children with relative caregivers. NREFMs can either serve as a caregiver to the child while the child and his or her parent(s) participate in reunification services, or become a legal guardian of the child. NREFMs are eligible under federal and state law to receive support funding under the Aid to Families with Dependent Children - Foster Care (AFDC-FC) program. This provides necessary financial, medical and other support services to the youth under the care of a NREFM. NREFMs have become valuable and important individuals in the state's CWS system. In cases where a parent or relative is either not present or unsuitable for placement, a NREFM can provide the next best family-like environment for a child who has been removed from their home. Unlike a group home or related facility, a NREFM can provide a homelike setting that is less disruptive and more familiar and emotionally supportive of the child's needs. COMMENTS : According to the sponsor of this legislation, the Children's Law Center of California (CLCC), the current definition of NREFM does not allow for it to fulfill its intent for certain populations of youth in temporary custody or wards and dependents of the court. For example, in Los Angeles, there is AB 545 Page 5 a current case of a two month old baby, who has no biological parent or relative to care for the child. However, there is a person who wants to care for the baby, but s/he only has a known relationship to the baby's half-sibling. Due to the age of the baby, this person has not yet had the opportunity to establish a relationship him/her that would allow the person to be considered a NREFM under the law. It is not infeasible to imagine other concrete examples where a child would not have available relatives or known NREFMs, as currently defined, with whom they could be placed. As the state plays the figurative parental role for our youth most in need, it is imperative to provide them with an adult who is familiar with the child and their family, and can best provide guidance and give them a caring and supportive homelike environment. Writing in support of AB 545, the CLCC states: It is good public policy to encourage as many people as possible - particularly those who are already familiar to these families in crisis - to help care for these vulnerable young children. By clearing a path for more children to be placed with extended family, this clarification will also help counties to address the current shortages of licensed foster homes throughout our state. RECOMMENDED AMENDMENTS: Staff recommends a technical amendment to replace the word "family" with "relative" as family is not defined in the W&I Code whereas relative is. On page two, line 13 delete "family" and insert "relative" REGISTERED SUPPORT / OPPOSITION : Support Children's Advocacy Institute Children's Law Center of California Family Law Section Opposition AB 545 Page 6 None on file Analysis Prepared by : Chris Reefe / HUM. S. / (916) 319-2089