BILL ANALYSIS �
AB 545
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 545 (Mitchell)
As Amended June 13, 2013
Majority vote
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|ASSEMBLY: |77-0 |(April 29, |SENATE: |38-0 |(August 15, |
| | |2013) | | |2013) |
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Original Committee Reference: HUM. S.
SUMMARY : Expands the definition of a nonrelative extended
family member (NREFM) to include those who have a relationship
with the family.
The Senate amendments further clarify that a nonrelative
extended family member may also be a person who has an
established familial relationship with a relative of the child.
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)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.
3)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.
4)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.
5)Defines NREFM as any adult caregiver who has an established
familial or mentoring relationship with a child and requires a
AB 545
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county welfare department to verify the existence of this
relationship, as specified.
6)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.
AS PASSED BY THE ASSEMBLY this bill expanded the definition of a
NREFM to include those who have a relationship with the child's
family.
FISCAL EFFECT : None
COMMENTS : 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 Child Welfare Services (CWS) system. In cases where a
parent or relative is either not present or unsuitable for
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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.
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. 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 this bill, 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."
Analysis Prepared by : Chris Reefe / HUM. S. / (916) 319-2089
FN: 0001380