BILL ANALYSIS Ó
AB 1688
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Date of Hearing: March 29, 2016
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Susan Bonilla, Chair
AB 1688
(Rodriguez) - As Introduced January 21, 2016
SUBJECT: Dependent children: out-of-county placement: notice
SUMMARY: Expands the lists of specified individuals required to
receive advance notification regarding out-of-county placement
of children in the child welfare system and permitted to object
to such placement.
Specifically, this bill:
1)Adds a child's attorney and a child 10 years of age or older
to the list of individuals who must receive written notice
regarding anticipated out-of-county placement of the child, as
specified.
2)Permits a child to object to the placement and, upon
objection, receive a hearing regarding the objection prior to
placement, as specified.
EXISTING LAW:
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1)Permits the juvenile court to adjudge a child a dependent of
the court for specified reasons, including, but not limited
to, if a child has suffered or is at substantial risk of
suffering serious physical harm, emotional damage, or sexual
abuse, as specified. (WIC 300)
2)States that the purpose of foster care law is to provide
maximum safety and protection for children who are currently
being physically, sexually, or 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. (WIC 300.2)
3)Declares the intent of the Legislature to, whenever possible,
preserve and strengthen a child's family ties and, when a
child must be removed from the physical custody of his or her
parents, to give preferential consideration to placement with
relatives. States the intent of the Legislature to reaffirm
its commitment to children who are in out-of-home placement to
live in the least restrictive family setting and as close to
the child's family as possible, as specified. Further states
the intent of the Legislature that all children live with a
committed, permanent, nurturing family and states that
services and supports should be tailored to meet the specific
needs of the individual child and family being served, as
specified. (WIC 16000)
4)Requires out-of-home placement of a child in foster care to be
based upon selection of a safe setting that is the least
restrictive family setting that promotes normal childhood
experiences and the most appropriate setting that meets the
child's individual needs, as specified. Further requires the
selection of placement to consider, in order of priority,
placement with: relatives, nonrelated extended family
members, and tribal members; foster family homes, resource
families, and nontreatment certified homes of foster family
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agencies; followed by treatment and intensive treatment
certified homes of foster family agencies or multidimensional
treatment foster care homes or therapeutic foster care homes;
group care placements in the order of short-term residential
treatment centers, group homes, community treatment
facilities, and out-of-state residential treatment, as
specified. (WIC 16501.1(d)(1))
5)Requires the juvenile court to appoint counsel for a child or
nonminor dependent if he or she is not represented by counsel,
as specified. Further requires that a primary responsibility
of counsel appointed to represent a child or nonminor
dependent be to advocate for the protection, safety, and
physical and emotional well-being of that child or nonminor
dependent, and charges counsel in general with the
representation of the child's interests. (WIC 317(c), (e))
6)States that a minor who is the subject of a juvenile court
hearing has the right to be present at that hearing, to be
represented at the hearing by counsel of his or her own
choice, and to address the court and participate in the
hearing if he or she so desires. Further requires the court
to determine if a minor 10 years of age or older not present
at a hearing was properly notified of, and given an
opportunity to attend, the hearing and requires the court to
continue the hearing to allow the minor to participate in
instances where required notification and/or opportunity were
not provided, as specified. (WIC 349)
7)Requires a placing agency, as soon as it makes a decision
regarding the placement or change in placement of a dependent
child, to notify the child's attorney and provide that
attorney specified information regarding the child. (WIC
16010.6 (a), (d))
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8)Requires a child removed from the physical custody of his or
her parent or guardian, and who is not placed with relatives,
to be placed in the county of residence of his or her parent
or guardian in order to facilitate family reunification,
unless no appropriate placements are available in that county,
at which point out-of-county placement is permissible, as
specified. (WIC 361.2 (g))
9)Prohibits the out-of-county placement of a child from
occurring prior to his or her social worker serving written
notice, which states the reasons requiring this placement, on
the parent or guardian at least 14 days prior to the
placement, unless the health or well-being of the child is
endangered by delaying the action or would be endangered if
prior notice were given. Further establishes a process by
which the parent or guardian may object to, and receive a
hearing regarding, the placement. (WIC 361.2 (h))
FISCAL EFFECT: Unknown.
COMMENTS:
Child Welfare Services: The purpose of California's Child
Welfare Services (CWS) system is to protect children from abuse
and neglect and provide for their health and safety. When
children are identified as being 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
opportunities for the custody of the child, or his or her
placement outside of the home, to be 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. The CWS system seeks to help children
who have been removed from their homes reunify with their
parents or guardians, whenever appropriate, or unite them with
other individuals they consider to be family. As of October 1,
2015, there were 62,605 children in California's child welfare
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system.
Out-of-county placements: When a child is removed from his or
her home for reasons of abuse or neglect, his or her care
becomes the responsibility of the county in which he or she was
removed. The social worker handling the child's case must help
determine the best placement for that child, giving priority to
placement with relatives and also trying to locate an
appropriate placement in the county of residence of the child's
parent or guardian. However, the location of an appropriate
in-county placement is not always possible, and a child may be
placed with relatives or in another setting, such as a foster
family home, in another county. "Out-of-county" foster youth
are those who have been placed in a county other than the one in
which they originally entered foster care. Point-in-time data
from July 1, 2015, indicate that approximately 20% of children
and youth in foster care were placed in counties other than
their supervising county.
Out-of-county placement of foster youth can create disruptions
in school, activities, and relationships. Additionally, there
are indications that out-of-county foster youth may have higher
needs and less access when it comes to mental health care. A
2011 report issued by the California Child Welfare Council found
that out-of-county foster youth were more likely to have been
diagnosed with a serious mental health disorder, yet were 10% to
15% less likely to have received any mental health services
compared to their in-county peers. And among those that did
receive services, in-county foster youth fared better, receiving
more care and more intensive treatment.
Need for the bill: According to the author, "Dependency Courts
make decisions every day that significantly impact the lives and
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futures of California's foster children. It is well established
that children should and do have a right to an attorney, to
address the court, and to participate in the proceedings so
their voice can be considered in these critical decisions?One of
the most important decisions that occurs during a dependency
case is where a child will live. The location of the child's
placement has a significant effect on the child, as it impacts
everything from where the child goes to school to how often the
child can see siblings, relatives, and friends. When a child is
moved to a foster home in a different county, this can mean a
new school, a new or different therapist, starting over with
friends and extracurricular activities, and so much more.
Unfortunately, current law regarding out of county placements
fails to provide children with a meaningful opportunity to
express their wishes."
REGISTERED SUPPORT / OPPOSITION:
Support
Children Now
Children's Advocacy Institute
Children's Law Center of California ("CLC") -sponsor
Coalition of California Welfare Rights Organizations, Inc.
Families NOW
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Family Law Section of the State Car (FLEXCOM)
Foster Care Counts
John Burton Foundation
Public Counsel's Children's Rights Project
Opposition
None on file.
Analysis Prepared by:Daphne Hunt / HUM. S. / (916) 319-2089
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