BILL ANALYSIS Ó AB 1688 Page 1 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: AB 1688 Page 2 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 AB 1688 Page 3 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)) AB 1688 Page 4 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 AB 1688 Page 5 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 AB 1688 Page 6 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 AB 1688 Page 7 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 AB 1688 Page 8