BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 260


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          Date of Hearing:   April 21, 2015


                           ASSEMBLY COMMITTEE ON JUDICIARY


                                  Mark Stone, Chair


          AB 260  
          (Lopez) - As Amended April 7, 2015


          SUBJECT:  Foster care:  parenting youth


          KEY ISSUE:  SHOULD THE LAW BE REFINED TO BETTER support and  
          ADDRESS THE UNIQUE NEEDS OF PARENTING FOSTER YOUTH and their  
          children?


                                      SYNOPSIS


          The goal of this legislation, sponsored by California Youth  
          Connection, is to help support foster youth who become parents  
          and their children, and stop what the author sees as the "cycle  
          of foster care."  Of particular relevance for this Committee,  
          this bill directs the court to keep the child's files separate  
          from his or her dependent parent's files, and allows the  
          parent's files to be admitted as evidence in the child's  
          dependency case only if the court determines that they are  
          materially relevant to the child's case.  This should help  
          prevent the misuse of the parent's otherwise confidential and  
          potentially irrelevant and damaging foster care case file from  
          being used in the child's case, while still ensuring that courts  
          and social workers have information necessary to protect the  
          child.  This bill passed out of the Assembly Human Services  
          Committee last week on a vote of 5-0.  This bill is supported  








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          by, among others, the Alliance for Children's Rights, the  
          American Civil Liberties Union, Disability Rights California,  
          and the Family Law Section of the State Bar.  There is no known  
          opposition.


          SUMMARY:  Provides support and protections for parenting foster  
          youth.  Specifically, this bill:  


          1)Declares that the child of a foster child is not considered at  
            risk of abuse or neglect based solely on information regarding  
            the parent's placement history, past behaviors, or health or  
            mental health diagnoses prior to the pregnancy, although such  
            information may be taken into account when considering whether  
            other factors exist that place the child at risk of abuse or  
            neglect.
          2)Requires that the court clerk maintain the court files and  
            records of a dependent parent (whether minor or nonminor)  
            separately from the files and records of his or her child who  
            is the subject of a dependency petition.


          3)Allows a dependent parent's dependency court records to be  
            disclosed to the county in his or her child's dependency  
            proceedings, but prevents those records from being admitted as  
            evidence in the child's dependency proceeding except by court  
            order stating that those files and records contain information  
            materially relevant to the case, as specified.


          4)For a child with one or more minor dependent parents:


             a)   Nullifies the provision that reunification services need  
               not be provided in instances where there has been a  
               termination of reunification services for, or permanent  
               severance of, parental rights over any siblings or half  
               siblings, as specified, unless other specified  








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               circumstances removing the necessity for reunification  
               services also exist; and
             b)   Requires a party seeking foster care placement of, or  
               termination of parental rights over, a child with one or  
               both parents who were minors when the child was born to  
               demonstrate that reasonable efforts using available  
               resources, as specified, were made to provide services  
               aimed at preventing the removal of the child and that these  
               efforts were unsuccessful.  Requires those efforts to use  
               the available resources of the child and his or her minor  
               parent's or parents' extended family, social services  
               agencies, caregivers, and other available service  
               providers.


          5)Requires that foster care placements for minor and nonminor  
            dependent parents and their children support the preservation  
            of the family unit and provide services, as specified, to  
            prevent, whenever possible, the filing of a petition to  
            declare the child a dependent of the juvenile court.
          EXISTING LAW:  


          1)Allows a juvenile court to adjudicate a child a dependent of  
            the court as the result of abuse or neglect, as specified.   
            (Welfare & Institutions Code Section 300.  Unless stated  
            otherwise, all further statutory references are to that code.)


          2)Declares legislative intent that a child shall not be  
            considered to be at risk of abuse or neglect solely because of  
            the age, dependent status, or foster care status of his or her  
            parent.  (Id.)


          3)Limits access to juvenile case files, as defined, to specified  
            individuals and officials, including the child's parent or  
            guardian, attorneys for the parties, court and state  
            personnel, including law enforcement and child protective  








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            services, and school district officials.  Prohibits any party  
            authorized to inspect a juvenile court case file from  
            disseminating the file or its contents unless otherwise  
            permitted.  (Section 827(a).)


          4)Declares legislative intent to maintain the continuity of the  
            family unit and to support and preserve families headed by  
            minor parents and nonminor dependent parents who are  
            themselves under the jurisdiction of the juvenile court by  
            ensuring that minor parents and nonminor dependent parents and  
            their children are placed together in as family-like a setting  
            as possible, unless it has been determined that placement  
            together poses a risk to the child.  (Section 16002.5.)  


          5)Requires that foster care placements for minor parents and  
            nonminor dependent parents and their children shall  
            demonstrate a willingness and ability to provide support and  
            assistance to minor parents and nonminor dependent parents and  
            their children.  (Id.)


          6)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.  (Section  
            16000.)


          7)Requires the court to make a determination as to whether  
            reasonable efforts were made to prevent or eliminate the need  
            for removal of a minor from his or her home, as specified.   
            (Section 361.)


          8)Establishes circumstances under which family reunification  
            services should be ordered to be provided for families and  








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            stipulates instances when, upon the court finding clear and  
            convincing evidence, reunification services need not be  
            supplied to a parent or guardian, as specified.  (Section  
            361.5(b).)


          FISCAL EFFECT:  As currently in print this bill is keyed fiscal.


          COMMENTS:  The goal of this legislation is to help support  
          foster youth, who become parents while in the foster care  
          system, and their children, and stop what the author sees as the  
          "cycle of foster care."  Of particular relevance for this  
          Committee, this bill directs the court to keep the child's files  
          separate from his or her dependent parent's files, and allows  
          the parent's files to be admitted as evidence in the child's  
          dependency case only if the court determines that they are  
          materially relevant to the child's case.  This balances the  
          interest of all parties, and should help prevent the misuse of  
          the parent's otherwise confidential and potentially irrelevant  
          and damaging foster care case file from being used in the  
          child's case when that information is not directly relevant to  
          the child's case.  It will, however, allow use of the parent's  
          information when relevant to protect the child.


          States the author:


               It is vital that we initiate a culture shift around the way  
               we think about parenting foster youth.  Instead of making  
               it more difficult for these youth or overlooking their  
               unique needs as parents living within the dependency  
               system, we should be supporting them in their goals to  
               create a healthy family in the same way we support their  
               goals for higher education, career/professional, or any  
               other permanency outcomes our system seeks to achieve for  
               them.  By working to break the cycle of foster care, we can  
               ensure our foster youth can succeed while also preserving  








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               the lives of children in their family unit rather than  
               settling for additional, unnecessary entrances into the  
               system for those children.


          Sponsor California Youth Connection adds:


               While the prospect of growing up in foster care can be  
               challenging, raising a child without adequate support from  
               the system meant to serve them can be even more daunting  
               for a parenting youth.  It is vital that we eliminate the  
               flaws in how these stigmatized parents are treated by  
               finally aligning practice with the policy of encouraging  
               youth's success and ultimately keeping families together.


          Pregnant and Parenting Foster Youth - Data and Difficulties.   
          Currently, there are no comprehensive data on the size of the  
          state's population of pregnant and parenting foster youth, but  
          evidence of higher pregnancy and parenting rates for foster  
          youth exists.  Researchers connecting Child Protective Services  
          data with birth records in California found that, of girls in  
          foster care at the age of 17, more than one-quarter had given  
          birth at least once during their teens.  Of girls in foster care  
          who had given birth at least once before the age of 18, over  
          one-third had more than one birth in their teens.  (Emily  
          Putnam-Hornstein et al., California's Most Vulnerable Parents:  
          When Maltreated Children Have Children (Conrad N. Hilton  
          Foundation Nov. 2013).)  These findings were corroborated by a  
          much smaller, more in-depth study that interviewed over 700  
          17-year-old foster youth and former foster youth in California  
          and found that just over one-fourth of respondents had ever been  
          pregnant; 30% of whom had been pregnant more than once.  (Mark  
          Courtney et al., Findings from California Youth Transitions to  
          Adulthood Study (Chapin Hall at the University of Chicago  
          2014).)










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          While parenting can present any young parent with significant  
          challenges, those challenges are far greater for foster youth:


               Parenting youths in foster care are among the most  
               vulnerable respondents in neglect and abuse proceedings.   
               Not only are they in foster care, but also, as parents and  
               expectant parents, they are subject to a heightened level  
               of scrutiny by virtue of living in a highly structured  
               environment staffed with mandated reporters.  


               Our youth-in-care clients almost always face allegations by  
               foster parents or staff members in congregate care  
               settings, such as mother-child placements or maternity  
               residences.  Some common allegations against young mothers  
               in foster care are being missing from care-or "awoling"-  
               either with or without the subject child and either prior  
               to or during pregnancy; missing curfew either with or  
               without the subject child and either prior to or during  
               pregnancy; taking the child to homes or locations not  
               cleared and approved by the agency; failing to follow  
               directives or suggestions on the care of the subject child  
               from an agency staff member or a foster parent; failing to  
               attend school, a General Educational Development program,  
               or job training; behaving in a difficult-to-control manner  
               in a congregate care facility or a foster home; and not  
               complying with recommended therapeutic treatment or  
               medication management or both for a mental health diagnosis  
               such as bipolar disorder, attention deficit hyperactivity  
               disorder, oppositional defiant disorder, or posttraumatic  
               stress disorder.


          (Rebecca Horwitz, Protection v. Presentment, When Youth in  
          Foster Care Become Respondents in Child Welfare Proceedings, 45  
          Clearinghouse Review:  Journal of Poverty Law and Policy Numbers  
          9-10, 421, 426 (Jan.-Feb. 2012) (footnotes omitted).)









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          This Bill Seeks to Address Those Difficulties and Better Support  
          Parenting Foster Youth.  This bill seeks to help support  
          pregnant and parenting foster youth preserve their families in  
          several ways.  First, it limits the inappropriate use of  
          outdated or irrelevant information as a means for removing a  
          child from the care of a parenting foster youth by (1) requiring  
          the court clerk to maintain the court files and records of the  
          dependent parent separately from the files and records of his or  
          her child who is the subject of a dependency petition; and (2)  
          allowing a dependent parent's court records to be disclosed to  
          the county in his or her child's dependency proceedings, but  
          preventing those records from being admitted as evidence in the  
          child's dependency proceeding, except by court order stating  
          that those files and records contain information materially  
          relevant to the case.  The parent's dependency files may contain  
          years of very private information about the parent's health,  
          mental health, education and welfare, perhaps going all the way  
          back to infancy.  Given the nature of what is in a typical  
          dependency case file, this information could potentially be very  
          damaging to the parent's quest to retain custody of his or her  
          child.  However, much if not all of this information could be  
          completely irrelevant to the foster youth's present-day ability  
          to safely care for his or her child.  The Alliance for  
          Children's Rights explains the need for this provision to  
          parenting foster youth:  


               The youth we work with are determined to provide a better  
               childhood for their children then they experienced, and are  
               often receptive to intervention they may have previously  
               rejected.  AB 260 recognizes this moment of opportunity,  
               and will prevent certain information about prior incidents  
               and resolved past behaviors from being used inappropriately  
               to detain a parenting foster youth's child.  


          Additionally, this bill recognizes the fact that a parenting  
          foster youth may have more than one child and removes barriers  








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          to reunification services for these youth that can exist for  
          parents who have histories of interaction with the child welfare  
          system related to siblings or half siblings of their child.   
          Instead of preventing a parenting foster youth from accessing  
          services to help them maintain their family, the goal of this  
          bill is to assure that these youth have access to those services  
          and supports that will help them, and their children, remain an  
          intact family unit, while still helping ensure that the child is  
          safe.  This bill seeks to encourage more reunification efforts  
          for parenting foster youth by eliminating the provision that  
          reunification services need not be provided where there has been  
          a termination of reunification services or a severance of  
          parental rights over any siblings or half sibling, at least with  
          respect to minor dependent parents, since this helpful provision  
          only applies to minor parents.    


          Finally, this bill strengthens requirements for foster  
          placements for parenting youth to be supportive of family  
          maintenance for those youth and their children by requiring that  
          before either a foster care placement or termination of parental  
          rights for a child who has one or both minor parents in the  
          foster care system reasonable efforts must be made to keep the  
          child with his or her parents.  These efforts include using the  
          available resources of the child and his or her minor parent's  
          or parents' extended family, social services agencies,  
          caregivers, and other available service providers.  This should  
          help allow more youth to receive supportive services and,  
          hopefully, safely retain or regain custody of their children,  
          although this helpful provision only applies to minor dependent  
          parents.


          Prior Legislation:  SB 500 (Kuehl), Chap. 630, Stats. 2005,  
          created an option for teen foster parents to live with their  
          children in foster homes.


          SB 1178 (Kuehl), Chap. 841, Stats. 2004, the Teen Parents in  








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          Foster Care Act, expressed the Legislature's intent to preserve  
          and strengthen family relationships between minor dependent  
          parents and their dependent children and required the foster  
          care system to treat these families as a unit rather than as  
          individuals.  


          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Youth Connection (sponsor)


          Alliance for Children's Rights


          American Civil Liberties Union of California


          American Federation of State, County and Municipal Employees  
          (AFSCME), AFL-CIO


          Disability Rights California


          Family Law Section of the State Bar




          Opposition










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          None on file




          Analysis Prepared by:Leora Gershenzon / JUD. / (916) 319-2334