BILL ANALYSIS Ó
SB 977
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Date of Hearing: July 2, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 977 (Liu) - As Amended: June 16, 2014
Policy Committee: JudiciaryVote: 9 -
0
Human Services 6 - 0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill requires the dependency court to consider placement of
a dependent child with a parent who is enrolled in a substance
abuse treatment facility. Specifically, this bill:
1)Requires the court to consider, at the detention,
dispositional, and review hearings, whether a child can be
returned to the custody of his or her parent who is enrolled
in a certified substance abuse treatment facility that allows
a dependent child to reside with his or her parent.
2)Provides that the fact that the parent is enrolled in a
substance abuse treatment facility shall not, for that reason
alone, be prima facie evidence of substantial danger, and
requires the court to specify the factual basis for its
conclusion that return of the child to the parent would or
would not pose a substantial danger to the physical health,
safety, protection or physical or emotional well-being of the
child.
3)Expands the information social workers are required to include
in each study, evaluation or supplemental report to the court
to include a factual discussion of whether the child can be
returned to the custody of his or her parent who is enrolled
in a certified substance abuse treatment facility that allows
the dependent child to reside with his or her parent.
4)Specifies that treatment services under the Promoting Safe and
Stable Families Program may include treatment at a residential
substance abuse treatment facility that accepts families.
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FISCAL EFFECT
1)Potential costs of approximately $75,000 (GF) for every five
percent of dependent youth that require additional county
social worker time to include a factual discussion in social
studies, evaluations, and supplemental reports to the courts.
It is unknown how many cases would be impacted under the
provisions of this bill, but for every 2,000 cases (less than
5% of dependent children) that require a social worker to
spend an additional 30 minutes, annual costs would be about
$75,000 statewide.
2)Unknown, potential future cost savings in reduced time spent
in dependent care to the extent youth are returned to the
custody of their parents sooner than otherwise would occur
under existing law.
3)Proposition 30, passed by the voters in November 2012, among
other provisions, eliminated potential mandate funding
liability for any new program or higher level of service
provided by counties related to the realigned programs.
Although the provisions of this bill are a mandate on local
agencies, any increased costs would not appear to be subject
to reimbursement by the state.
COMMENTS
1)Purpose . The author states when parents are sentenced to
substance abuse treatment for drugs or alcohol, courts often
have to place children in temporary custody and later
determine when the parent and child can be safely reunited.
The longer parents and children are separated, the more
difficult it can be to reunify families. This bill gives court
hearing officers the option of placing a parent and child
together during substance abuse treatment, if the facility has
family housing.
2)Background . According to the Department of Health Care
Services (DHCS), approximately 40% of clients receiving drug
or alcohol treatment are women and 61% of those women have
minor children. DHCS licenses residential facilities that
provide non-medical services to adults who are working to
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overcome substance abuse problems, including education
sessions, recovery or treatment planning, and detoxification
services. Many facilities offer individualized services,
which can include vocational or new skills training, and some
of the facilities allow dependent children to reside with
their parents. Studies have shown that women in residential
treatment programs that provide live-in accommodations for
children have higher completion rates and better outcomes.
Analysis Prepared by : Jennifer Swenson / APPR. / (916)
319-2081