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
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          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
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           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
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          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