BILL ANALYSIS                                                                                                                                                                                                    Ó





                             SENATE JUDICIARY COMMITTEE
                         Senator Hannah-Beth Jackson, Chair
                             2015-2016  Regular  Session


          AB 260 (Lopez)
          Version: April 7, 2015
          Hearing Date: June 30, 2015
          Fiscal: Yes
          Urgency: No
          NR


                                        SUBJECT
                                           
                            Foster care:  parenting youth

                                      DESCRIPTION  

          This bill would provide that a child whose parent has been  
          adjudged a dependent of the court shall not be considered at  
          risk of abuse or neglect solely on the basis of information  
          concerning the parent's placement history, past behaviors,  
          health or mental health diagnoses occurring prior to the  
          pregnancy, except as specified.  This bill would create certain  
          exceptions to the existing requirement that the court order  
          reunification services in cases where a parent of a child in a  
          dependency proceeding has been adjudged a dependent. 

          This bill would also require that prior to a foster care  
          placement of, or termination of parental rights over, a child  
          born to a parent who was a minor or a nonminor dependent at the  
          time of the child's birth, that reasonable efforts were made to  
          provide remedial services designed to prevent the removal of the  
          child from the parent, as specified.

          This bill would require that court files and records concerning  
          a dependent parent be kept separate from court files and records  
          concerning his or her child, as specified. This bill would  
          authorize the records concerning a dependent parent to be  
          disclosed to the county in the child's dependency   proceedings,  
          but would prohibit those records from being admitted as evidence  
          in the child's dependency proceedings, except pursuant to court  
          order.









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          (This analysis reflects author's amendments to be offered in  
          Committee.)
                                           
                                     BACKGROUND 

          The United States has one of the highest teen pregnancy rates in  
          the industrialized world, although this rate has been declining  
          since 1990, when it peaked at 12 percent of adolescent girls.   
          Teenage girls in the dependency system are twice as likely to  
          become pregnant before turning 19 than teenage girls who are not  
          in foster care. The Guttmacher Institute argues that the  
          circumstances that led these girls to be placed in foster care  
          in the first place, along with the experience of being in foster  
          care, seem to make them particularly vulnerable. (Boonstra,  
          Heather D., Teen Pregnancy Among Young Women In Foster Care: A  
          Primer, Spring 2011, Volume 14, Number 2.0, Guttmacher Policy  
          Review.) Regarding the challenges that parenting foster youth  
          face, the John Burton foundation recently noted: 

             Parenting foster youth fall into the double cross-hairs of  
             foster care and teen parenthood. Educationally, they fall far  
             behind their peers, with a rate of high school graduation 13  
             percent lower than non-parenting foster youth and 25 percent  
             lower than their non-foster youth peers. As young, often  
             single parents, two out of three will live at, or below the  
             poverty line in adulthood. Most troubling, children of  
             parenting foster youth are a full five times more likely to  
             be maltreated and placed into foster care themselves.  
             (Lemley, Amy; Moving Parenting Foster Youth Out of the  
             Shadows, March 13, 2013, The John Burton Foundation.)

          AB 12 (Beall and Bass, Chapter 559, Statutes of 2010), the  
          California Fostering Connections to Success Act (Act),  
          authorized the juvenile courts to exercise jurisdiction over and  
          extend foster benefits to nonminor dependents between the ages  
          of 18 to 21 if they meet specified criteria.  Thus, eligible  
          nonminor foster youth are now able to continue receiving support  
          from the dependency system as they transition into adulthood.   
          However, as California has expanded foster care to serve older  
          youth, concerns related to reproductive health have become even  
          more urgent. A 2009 Time article described why concerns are  
          rising: 

             A study at the University of Chicago found that nearly half  
             of girls who had spent time in the foster-care system had  







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             been pregnant at least once by the time they were 19 years  
             old. Even more troubling, unplanned pregnancy had already  
             become a pattern for many of the young women - close to  
             one-quarter had experienced multiple pregnancies in their  
             teens. ?

             The stats shouldn't come as a surprise to anyone who knows  
             the risk factors for teen pregnancy. A report released the  
             week of July 20 by the National Campaign to Prevent Teen and  
             Unplanned Pregnancy found that almost half of the 500,000 or  
             so kids in foster care had sex for the first time before age  
             16, compared with 30 percent of their peers not in foster  
             care. They're also more likely to have experienced forced sex  
             and less likely to use contraception. 

             Perhaps the most important asset teenagers need to avoid  
             early parenthood is a strong relationship with parents or  
             other adults in their lives. But these are precisely the  
             kinds of bonds that many foster teens lack. "You're so busy  
             being transferred from home to home," says Alixes Rosado, who  
             has been in foster care in Connecticut since he was 6 years  
             old. "You don't have a lot of stable connections." The  
             20-year-old estimates that he has worked with a different  
             social worker every year for the past 10. (Amy Sullivan, Teen  
             Pregnancy: An Epidemic in Foster Care, July 22, 2009, Time  
             .)

          The child welfare system seeks to ensure the safety and  
          protection of these youths, and where possible, preserve and  
          strengthen families through visitation and family reunification.  
           Over the years, the Legislature has enacted a number of laws  
          which require the court to take into consideration specific  
          circumstances that present a barrier to family reunification  
          when trying to create a permanency plan for a child.  AB 2070  
          (Bass, Ch. 482, Stats. 2008) required courts to assess, among  
          other factors, the particular barriers to accessing  
          court-mandated services for institutionalized and incarcerated  
          parents. Similarly, SB 977 (Liu, Ch. 219, Stats. 2014) required  
          the court to consider whether a child can be returned to the  
          custody of his or her parent in a certified substance abuse  
          treatment facility.

          Recognizing the challenges that parenting foster youths face,  
          this bill seeks to connect these youths with available services  







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          so that they may safely retain custody of their children.  This  
          bill was heard in the Senate Human Services Committee on June  
          23, 2015, where the author agreed to amendments to ensure that  
          the provisions of the bill apply to minor parenting dependents  
          and nonminor parenting dependents alike.  This analysis reflects  
          those amendments. 
           
                                CHANGES TO EXISTING LAW
           
           1.Existing law  allows a juvenile court to adjudicate a child a  
            dependent of the court as the result of abuse or neglect, as  
            specified.  (Welf. & Inst. Code Sec. 300.)

             Existing law  limits access to juvenile case files to specified  
            individuals and officials, including the child's parent or  
            guardian, attorneys for the parties, court and state  
            personnel, law enforcement, child protective services, and  
            school district officials, and prohibits any party authorized  
            to inspect a juvenile court case file from disseminating the  
            file or its contents unless otherwise permitted.  (Welf. &  
            Inst. Code Sec. 827(a).)

             This bill  would require that the court clerk maintain the  
            court files and records of a dependent parent separately from  
            the files and records of his or her child who is the subject  
            of a dependency petition.
            
             This bill  would allow 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.

           2.Existing law  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.  (Welf.  
            & Inst. Code Sec. 361(d).)

             Existing law  provides that unless certain exceptions apply,  
            the primary objective of the juvenile dependency system is  
            reunification of the minor with his or her family, and the  
            court must order the social worker to provide services to  
            reunify children legally removed from a parent. (Fam. Code  







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            Sec. 7950, Welf. & Inst. Code Secs. 202, 300.2, 361.5.)

             Existing law  does not require the court to order reunification  
            services in 16 situations, as specified, including: 
                 the whereabouts of the parent are unknown;
                 the parent is suffering from a mental disability, as  
               specified;
                 the child or sibling of the child has previously entered  
               the dependency system due to physical or sexual abuse,  
               returned to the parent, and is being removed from the home  
               again because of physical or sexual abuse;
                 the parent caused the death of another child;
                 the child or sibling of the child has entered the  
               dependency system as a result of severe sexual or physical  
               abuse inflicted by the parent, as specified; and
                 that the child was conceived by means of sexual  
               intercourse with a child under the age of 14 years. (Welf.  
               & Inst. Code Sec. 361.5 (b).)
          
             This bill  would require that foster care placements for  
            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 a child a dependent of the juvenile court.
          
             This bill  , for a child with one or more dependent parents,  
            would enact exceptions to the provision that reunification  
            services need not be ordered 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 circumstances  
            removing the necessity for reunification services also exist.

             This bill  would require 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.

           1.Existing law  declares that a child whose parent has been  
            adjudged a dependent child of the court shall not be  
            considered to be at risk of abuse or neglect solely because of  
            the age, dependent status, or foster care status of the  







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            parent. 
          
             This bill  would further declare 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.

                                        COMMENT
           
           1.Stated need for the bill
           
          According to 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 the lives of children in their  
            family unit rather than settling for additional, unnecessary  
            entrances into the system for those children.

           2.Support for parenting foster youth
           
          Research shows that parenting foster youth are at a  
          disproportionately high risk of having their children placed in  
          foster care, thereby creating what the author refers to as a  
          "cycle of foster care."  This bill would establish a variety of  
          different mechanisms to better ensure preservation of the family  
          and offer support to parenting foster youths.  

              a.   Limits use of a parenting youth's record
              
             This bill would require that the court maintain the files of a  
            parenting youth separate from the files of a child for whom a  
            dependency petition has been filed, and would generally  
            prevent those files from being admitted as evidence in the  
            child's dependency proceeding.  A dependent's files may  







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            contain years of very private information about the youth's  
            health, mental health, and education.   Research shows that  
            adolescence is a period of poor control over behavior and  
            emotions, and teenagers, whether in foster care or not, are  
            likely to exhibit high levels of emotional arousal and  
            reactionary decision-making. (Tucker, Gargi, Decision-Making  
            is Still a Work in Progress for Teenagers, March 2013, Brain  
            Connection.)  Therefore, while a dependent youth's record may  
            not be relevant to his or her ability to parent, the  
            information in a file could be very damaging to a youth  
            seeking to retain custody of his or her child.

            Thus, this bill would help ensure that outdated and largely  
            irrelevant information is not used to remove a child from the  
            custody of a parenting youth. In support the Alliance for  
            Children's Rights writes, "The youth we work with are  
            determined to provide a better childhood for their children  
            than they experienced and are often receptive to intervention  
            they may have previously rejected.  [This bill] 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."

              b.   Provides parenting youth a "fresh start" with regard to  
               subsequent children
              
             Under existing law there are 16 circumstances that the  
            Legislature has deemed so egregious that the court need not  
            order reunification services.  (See Welf. & Inst. Code Sec.  
            361.5(b).) These exceptions to reunification demonstrate how  
            the dependency system's primary goals of ensuring the safety  
            of children and preservation of family are balanced.  Thus,  
            when a child has been severely physically or sexually abused  
            by a parent, the court need not offer reunification services.   
            Another situation where reunification services might not be  
            ordered is where a child has entered the dependency system due  
            to physical or sexual abuse (caused by the parent or another  
            person because of the parent's negligence), and was returned  
            home after the provision of reunification services, only to be  
            abused again. Additionally, a parent whose whereabouts are  
            unknown or who is suffering from a mental disability that  
            leaves him or her incapable of caring for a child may not have  
            reunification services ordered by the court.  Courts are also  
            not required to order reunification services when a parent has  







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            failed to reunite with a sibling of a child, or has had his or  
            her parental rights over a sibling terminated. 

            Minor parents, in particular, may have a difficult time  
            protecting children from abusive family members because they  
            may be victims of similar abuse.  The fact that a minor parent  
            has failed to reunify with her child should arguably not be a  
            barrier to reunification services she might otherwise have  
            access to for subsequent children later on in life.   
            Accordingly, with regard to parenting dependent youths, this  
            bill would create an exception to the above rule for parenting  
            youths who failed to reunify, or had their parental rights  
            terminated, over a sibling of the child currently before the  
            dependency court. Accordingly, for these youths, the court  
            would be required to order reunification services. 

            Staff notes that the above exception would not apply for a  
            parent whose rights had been terminated, or who failed to  
            reunify with a sibling, if combined with any of the other 14  
            reasons for which courts need not order reunification  
            services.  Thus, a parenting youth who failed to regain  
            custody of a child because of extreme physical abuse, sexual  
            abuse, or causing the death of a child, among other egregious  
            circumstances, would not be entitled to the protections of  
            this bill. 
             
               c.   Requires that reasonable efforts be made to keep a child  
               with a parenting youth
            
             This bill would additionally require that before a foster care  
            placement or termination of parental rights for a child who  
            has a dependent parent, reasonable efforts must be made to  
            keep the child with his or her parents.  Reasonable efforts  
            would include using available resources of the child and his  
            or her parents' family, social services agencies, caregivers,  
            and other available service providers.  Combined with the  
            other protections of this bill, this provision should arguably  
            allow more parenting youth to receive supportive services,  
            which will help them retain custody of their children. 
             
           1.Clarifying amendments
           
          This bill would provide that court records concerning a  
          dependent parent may be disclosed to the county in a child's  
          dependency proceeding, but shall not be admitted as evidence in  







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          the child's dependency proceeding, except pursuant to a court  
          order stating that the records contain information that is  
          materially relevant to the case.  While the aim of this  
          provision, to ensure that prior, irrelevant actions of a  
          parenting youth are not the basis for removing a child from the  
          custody of that youth, represents good public policy, as  
          drafted, the provision presents issues with regard to evidence  
          that the court may consider.  It is incongruous to allow  
          evidence, in the form of a social worker's report, into  
          evidence, while also prohibiting the primary source from being  
          entered into evidence.  The court, which often relies on reports  
          submitted by a county social worker, should not be prevented  
          from reviewing the documents that the social worker consulted in  
          creating that report.  

          The following amendment would instead prohibit a court from  
          relying solely on information in a parenting youth's court file  
          or record in determining whether to remove a child from that  
          youth's custody, and would ensure that in most cases, only the  
          county and the court see a parenting youth's record. This will  
          arguably ensure that the court will look to the current  
          situation of the youth and his or her ability to parent a child,  
          rather than past, and largely irrelevant behavior of that youth.  
           Additionally, it will properly ensure that the court, and not  
          the social worker, is the final judge of what information from a  
          youth's case file is relevant to the dependency petition. 

                Suggested amendment: 
           
               Section 825.5. is amended to read:  The clerk of the  
               superior court shall maintain court files and records  
               concerning a minor dependent parent or a nonminor dependent  
               parent of a child who is the subject of a dependency  
               petition separate from court files and records concerning  
               the child. Dependency court records concerning a minor  
               dependent parent or a nonminor dependent parent may be  
               disclosed to the county and the court in the child's  
               dependency proceedings; however, information from the  
               records shall only be admitted as evidence in the child's  
               dependency proceedings pursuant to a court order finding  
               that the information is materially relevant to the case,  
               subject to the provisions of subdivision (a) of Section  
               361.8.

           Support  :  Alliance for Children's Rights; American Civil  







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          Liberties Union of California
          American Federation of State, County and Municipal Employees  
          (AFSCME), AFL-CIO; Disability Rights California; Executive  
          Committee of the Family Law Section of the State Bar

           Opposition  :  None Known

                                        HISTORY
           
           Source  :  California Youth Connection

           Related Pending Legislation  : SB 68 (Liu, 2015) would require the  
          court in making its determination whether to return a child, who  
          was removed from his or her parent's custody, back to the  
          physical custody of his or her parents, to take into account the  
          particular barriers to a minor parent and would authorize the  
          court to continue the case for an additional six months for the  
          provision of additional reunification services if the minor  
          parent is making significant and consistent progress toward  
          establishing a safe home for the child. This bill is currently  
          in the Assembly Judiciary Committee.

           Prior Legislation  :

          SB 528 (Yee, Chapter 338, Statutes of 2013) among other  
          provisions, authorized social workers to provide foster youth  
          with access to age-appropriate, medically accurate information  
          about sexual development, reproductive health, and prevention of  
          unplanned pregnancies and sexually transmitted diseases, and  
          added minor and nonminor dependent parents to the list of  
          families prioritized for subsidized state and federal child  
          development services.  

          SB 500 (Kuehl, Chapter 630, Statutes of 2005) created an option  
          for teen foster parents to live with their children in foster  
          homes.

          SB 1178 (Kuehl, Chapter 841, Statutes of 2004) the Teen Parents  
                                                                                in 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.  

           Prior Vote  :







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          Senate Human Services Committee (Ayes 5, Noes 0)
          Assembly Floor (Ayes 78, Noes 0)
          Assembly Appropriations Committee (Ayes 17, Noes 0)
          Assembly Judiciary Committee (Ayes 10, Noes 0)
          Assembly Human Services Committee (Ayes 5, Noes 0)

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