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  








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            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  








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          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.




















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           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  








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          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
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          None on file
           
          Analysis Prepared by  :    Chris Reefe / HUM. S. / (916) 319-2089