BILL ANALYSIS �
AB 545
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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