BILL ANALYSIS Ó AB 1761 Page A Date of Hearing: April 29, 2014 ASSEMBLY COMMITTEE ON HUMAN SERVICES Mark Stone, Chair AB 1761 (Hall) - As Amended: March 28, 2014 SUBJECT : Dependent Children: Placement SUMMARY : Clarifies existing law relating to the placement preference of a child with his or her relative. Specifically, this bill : 1)Clarifies that a minor who is removed from the custody of his or her parents may be placed with a relative or non-related extended family member (NREFM) while the child is in temporary custody and is pending a detention hearing, as specified. 2)Furthers legislative intent through the clarification that a social worker is not limited to placing a minor with an appropriate relative when one or more relatives or NREFMs are under consideration for placement. 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, 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. (Welfare and Institutions (W&I) Code 300.2) 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 his or her biological family whenever possible, or to provide a permanent placement alternative, such as adoption or guardianship. (W&I Code 16000) 3)Requires a county to file a petition to the court requesting a detention hearing within 48 hours of placing a child under temporary custody to determine whether a child should remain in custody and whether any specific court permissions are necessary to provide for the health and safety of the child. (W&I Code 313 and 319) AB 1761 Page B 4)Requires a social worker, within 30 days of taking a child into temporary custody or whenever appropriate, to identify and locate all adults who are related to the child by blood, adoption, or affinity within the fifth degree of kinship and provide for the purposes of informing them of their right to participate in the care and placement of the child, as specified. (W&I Code 309(e)) 5)Requires preferential consideration be given to a request by a relative to have the child placed with the relative if the child has been removed from the physical custody of the child's parent(s). (WIC 361.3(a)) 6)Requires a "detention hearing" to be held within 24 hours of the next court day whenever a detention petition is filed with the court. (W&I Code 315) 7)Requires a juvenile court to hold a "jurisdictional hearing" within 15 judicial days of the petition filed to take the child into temporary custody to determine whether the court has jurisdiction to adjudicate the child. (W&I Code 334) 8)Requires a juvenile court to hold a "dispositional hearing" within 60 days of the detention hearing to determine the appropriate placement for the youth if he or she is adjudicated to be a dependent of the court. (W&I Code 352(b)) 9)For children under the age of three who are placed into foster care, permits the juvenile court to order family reunification services, to be provided by a county welfare agency (CWA), for a period of six months but no longer than 12 months after the child entered foster care. (WIC 361.5(a)(1)(B)) 10)For children over the age of three who are placed into foster care, permits the juvenile court to order family reunification services, to be provided by a CWA, for a period of 12 months after the child entered foster care. (WIC 361.5(a)(1)(A)) 11)Permits the juvenile court to extend the provision of family reunification services beyond 12 months, but no longer than 18 months based upon specified circumstances. (WIC 361.5(a)(3)) FISCAL EFFECT : Unknown COMMENTS : AB 1761 Page C 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 nonrelated extended family member, as specified. 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 system 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 are 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.<1> The W&I 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 or nonrelative extended family member (NREFM). 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 --------------------------- <1> Welfare and Institutions Code Sections 306 and 309 AB 1761 Page D 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. Custody and out-home-placement of children in foster care : When it is suspected that a child is a victim of physical, sexual, or emotional abuse, or neglect or exploitation, any person may report that abuse or neglect to child protective services. Additionally certain individuals, such as physicians and teachers, are mandated under state and federal law to immediately report any suspicion or identification of child abuse or neglect to child protective services. After the report of abuse or neglect is made, a county welfare agency's (CWA) child protective services social worker is required to immediately investigate the complaint to determine its validity. If the complaint is found to be valid, the social worker may remove the child from the family and place the child into temporary custody. This allows for the immediate removal of the child from harm, while the CWA and the court investigate whether the child should remain in temporary custody or be ruled a dependent of the state. Temporary custody does not eliminate all rights of the parent; rather removal of parental rights depends on what "care, custody and control" rights the parent(s) may retain, as determined by the court on a case by case basis. Typically, the parent retains educational and health rights over the child, which, again, depends on the ruling of the court. The timelines and requirements to address custody and the placement of the child in an out-of-home placement, such as with the home of a relative, a foster parent or a group home are laid out in the W&I Code and provide an adjudicatory process that must be conducted expeditiously to limit, to the extent possible, any harm to the child. This includes limiting undue harm due to the removal of the child from the family for health and safety purposes, as well as avoiding emotional harm to the child due to separation from his or her parent(s). As intended by law to limit undue harm and increase the chances of reunification of the child with his or her parent(s), the AB 1761 Page E Family and W&I Codes lay out specific preferential placement considerations for relatives of the child. Specifically, current law requires a social worker to, within 30 days of the child's removal from the home, locate any known adults who are related to the child by blood, adoption, or affinity within the fifth degree of kinship<2> and notify them that the child has been removed from his or her parent's custody. Once identified, or as relatives come forward, the priority is to place the child in the home of a relative, unless it is not deemed to be in the best interest of the child.<3> If no other parent is available or exists, direct blood relatives are considered, such as the aunt, uncle, or grandparents. Beyond that, extended relatives and then NREFMs are considered. NREFMs are persons who have an established familial or mentoring relationship with a child, and can be considered an individual with whom a child in foster care 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 or the family. If no adult who is related by blood or affinity is identified or comes forward then foster family homes or group homes are considered for placement. In cases where a child's relative does not initially come forward, but identifies him or herself to the social worker or the court after an initial placement of the child is made, the social worker is required to conduct an assessment as to the fitness of the relative and notify and recommend to the court whether the child should be placed with the relative. This raises questions as to whether it is in the child's best interest to remove him or her from an out-of-home placement, perhaps one that is stable and beneficial to the child, in order to place him or her with a relative, simply because child welfare law states that a relative should be provided preferential consideration for placement. Such scenarios are considered on a case-by-case basis, which includes an evaluation by the social worker and the court, and as such encompasses all parties involved, in order to ensure the best outcome for the child. This includes an assessment by the social worker, a correlating notification of the minor's counsel, parent's counsel, and involvement of the court, with the ultimate decision being made by the juvenile court judge. Although a relative may come forward and be approved as an --------------------------- <2> Welfare and Institutions Code 319(f)(2) <3> Family Code 7950 AB 1761 Page F appropriate placement by the social worker, the court, upon consideration of all parties involved, could ultimately decide not to remove the child from a stable non-relative foster care placement so as not to disrupt the stability of the child. The converse could also happen. A court could remove a child from a stable foster care placement, as permitted under law, place him or her with a relative that could be a less stable placement, but is reflective of the intent of the state's child welfare law that preferential consideration be given to known relatives of the child. Reunification services : When children are removed from the home, but the court determines, in consultation with a child's social worker, that the child would ultimately benefit from being returned to the family, the court may order reunification services for the parents. Reunification services are generally developed on a case-by-case basis to accommodate and respond to the needs of the child and the parents to better facilitate the child's reunification with his or her parent(s). Reunifications services can include family therapy, parenting classes, drug and alcohol abuse treatment, respite care, parent support groups, home visiting programs, and other coordinated and tailored services necessary to assist the child and the family with reunification. Under current law, reunification services are offered for six months for children under the age of three and 12 months for children over the age of three. A six-month extension may be made if the court finds there is substantial probability that the child will be returned to the physical custody of his or her parent(s) within the extended time period or that reasonable services have not been provided to the parent(s).<4> Need for this bill : Stating the need for the bill, the author writes: Current law is not clear regarding immediate placement with a relative in the first few months of a child's time in foster care. In addition, current provisions do not provide guidance regarding how a social worker should proceed when more than one relative is interested in providing foster care to a child. AB 1761 would specify that a county social worker may ------------------------- <4> Welfare and Institutions Code 361.5 AB 1761 Page G temporarily place a child with a relative pending detention, after detention or pending disposition. This bill would also clarify that a county social worker may place a child with an appropriate relative pending the assessment of other relatives and clarify the appropriate standard with respect to placement of siblings in the same home. By preserving family connections, vulnerable children will be given a needed sense of stability, belonging and familial support in order to help these young people through a stressful time in their lives. REGISTERED SUPPORT / OPPOSITION : Support Alameda County Foster Youth Alliance Alliance for Children's Rights California CASA Children's Law Center of California (CLC) East Bay Children's Law Offices Mission Focused Solutions San Francisco Counsel for Families and Children Opposition None on file. Analysis Prepared by : Chris Reefe / HUM. S. / (916) 319-2089