BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 342|
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UNFINISHED BUSINESS
Bill No: SB 342
Author: Yee (D)
Amended: 9/3/13
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 6-0, 4/9/13
AYES: Yee, Berryhill, Emmerson, Evans, Liu, Wright
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/23/13
AYES: De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SENATE FLOOR : 39-0, 5/28/13
AYES: Anderson, Beall, Berryhill, Block, Calderon, Cannella,
Corbett, Correa, De León, DeSaulnier, Emmerson, Evans, Fuller,
Gaines, Galgiani, Hancock, Hernandez, Hill, Hueso, Huff,
Jackson, Knight, Lara, Leno, Lieu, Liu, Monning, Nielsen,
Padilla, Pavley, Price, Roth, Steinberg, Torres, Walters,
Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Vacancy
ASSEMBLY FLOOR : 78-0, 9/9/13 - See last page for vote
SUBJECT : Foster children: social worker: visits
SOURCE : California Youth Connection
Childrens Law Center of California
Legal Advocates for Children and Youth
DIGEST : This bill requires the mandated visits by the county
social worker or probation officer (caseworker) of foster
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children to occur in the home residence of the foster child and
for that visit to include a private discussion between the
foster child and the caseworker. Requires the caseworker to
advise the foster child of the right to request that the private
discussion occur outside the group home. Clarifies that if a
foster child requests to have the private discussion outside the
group home, it does not replace the visit in the group home and
does not require the caseworker to schedule an additional visit
to accommodate the request. Requires that the location of
monthly visits for each foster child who is placed in a group
home or foster home comply with specified federal requirements.
Prohibits more than two consecutive monthly visits from being
held outside the residence of the foster child and, if the visit
does not occur in the place of residence, requires the social
worker or probation officer to document in the case file and in
the court report the location of the visit and the reason for
the visit occurring outside the place of residence.
Assembly Amendments require that the location of monthly visits
for each foster child who is placed in a group home or a foster
home comply with specified federal requirements. Prohibits more
than two consecutive monthly visits from being held outside the
residence of the foster child and, if the visit occurs outside
of the residence, requires the social worker or probation
officer to document in the case file and in the court report the
location of the visit and the reason for the visit occurring
outside the place of residence.
ANALYSIS :
Existing law:
1. Requires the state, through the Department of Social Services
and county welfare departments, to establish and support a
public system of child welfare services to protect and
promote the welfare of children.
2. Requires all foster children with an approved case plan to be
visited at least once per calendar month by their caseworker
except the caseworker may have less frequent visits, up to a
minimum of once every six months, if specified conditions are
met.
3. Requires all foster children placed in group homes to be
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visited at least monthly by their caseworker and that each
visit include a private discussion between the child and
caseworker away from group home staff, unless the caseworker
believes disclosure is necessary to meet the needs of the
child.
4. Requires the majority of caseworker visits with the child to
take place in the child's residence.
5. Requires a caseworker to have contact with a foster child's
out of home care provider once per month and to visit no less
than once every six months, except as specified.
6. Defines caseworker to include a foster family social worker
from a foster family agency, out of state social worker, and
probation officer in addition to county social workers for
the purpose of complying with mandatory caseworker visits.
This bill:
1. Requires the monthly visit of a foster youth in a group home
by a social worker or probation officer to include a private
discussion with the foster youth and for the visit to occur
in the group home.
2. Requires the visit of a foster youth in a foster home by a
social worker or probation officer to occur in the foster
home.
3. Requires visits of a foster youth to comply with federal law,
as specified, providing that no more than two consecutive
visits may be held outside of the foster youth's residence.
4. Requires the social worker or probation officer to document
in the case file and in the court report the location of the
visit, the reason for the visit, and whether the visit
occurred outside the foster youth's residence.
5. Requires a social worker or probation officer to inform a
foster youth placed in a group home or foster home of their
right to have the private discussion either in or outside of
the foster home or group home.
6. Requires a social worker or probation officer to hold a
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private discussion with a foster youth outside of the foster
home or group home, if requested by the foster youth.
7. Provides that a private discussion held with a foster youth
does not replace the obligation of the social worker or
probation officer to physically visit the foster home or
group home.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee, potential
increased annual state costs (non-reimbursable) of an unknown,
but potentially significant amount to the extent the provisions
of this bill result in an extended amount of time per visit for
certain cases than otherwise would occur under existing law.
For every 10% of visits that currently occur outside the home
(24%), which equates to 2.4% of total visits, 30 minutes of
additional time could result in costs of approximately $475,000
per year.
SUPPORT : (Verified 5/24/13) (Unable to reverify at time of
writing)
California Youth Connection (co-source)
Children's Law Center of California (co-source)
Legal Advocates for Children and Youth (co-source)
Children's Advocacy Institute
Dependency Legal Group of San Diego
Junior Leagues of California
Juvenile Court Judges of California
National Association of Social Workers, California
ASSEMBLY FLOOR : 78-0, 9/9/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,
Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell,
Gray, Grove, Hagman, Hall, Harkey, Roger Hernández, Holden,
Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Mansoor, Medina, Melendez, Mitchell, Morrell,
Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson,
Perea, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Salas,
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Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski,
Wilk, Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Vacancy, Vacancy
JL:d 9/9/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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