BILL ANALYSIS �
AB 545
Page 1
ASSEMBLY THIRD READING
AB 545 (Mitchell)
As Amended April 23, 2013
Majority vote
HUMAN SERVICES 7-0
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|Ayes:|Stone, Maienschein, | | |
| |Ammiano, | | |
| |Ian Calderon, Garcia, | | |
| |Grove, Hall | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : 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.
AB 545
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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
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 : None
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 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 with 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
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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."
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
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.
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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.
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
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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.
Analysis Prepared by : Chris Reefe / HUM. S. / (916) 319-2089
FN: 0000238