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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