BILL ANALYSIS Ó
AB 1688
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Date of Hearing: April 20, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
1688 (Rodriguez) - As Introduced January 21, 2016
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Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY: This bill expands the lists of specified individuals
required to receive advance notification regarding out-of-county
placement of children in the child welfare system, and who are
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
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specified.
2)Permits a child to object to the placement and, upon
objection, receive a hearing regarding the objection prior to
placement, as specified.
FISCAL EFFECT:
1)One-time cost of $4,000 ($3,000 GF) in FY 2016-17 and a
full-year cost of $7,000 ($6,000 GF) in 2017-18 and on-going
(Prop 30) to the Department of Social Services to cover an
additional 15 minutes of social worker time to provide two
additional written notices. This assumes approximately 500
youth will be affected by this bill based on available data.
2)Minor and absorbable costs to the courts.
COMMENTS:
1)Purpose. According to the author, "Dependency Courts make
decisions every day that significantly impact the lives and
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
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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."
2)Background. Existing law requires a social worker, prior to
placing a child outside of the county, to serve written notice
on the parent or guardian at least 14 days prior to the
placement, unless the child's health or well-being is
endangered by the delay. The notice must state the reasons
that require placement outside the county. The parent or
guardian may object to the placement not later than seven days
from receipt of the notice and, upon objection, the court must
hold a hearing not later than five days after the objection
and prior to the placement. This bill would additionally
require notice to be served on the child's attorney and, if
the child is 10 years of age or older, the child, and would
allow the child to object to the placement and receive a
hearing.
As of October 1, 2015, there were 62,605 children in
California's child welfare system, most under the age of 10.
July 2015 data indicate that approximately 20% of children and
youth in foster care were placed in counties other than their
supervising county.
Analysis Prepared by:Jennifer Swenson / APPR. / (916)
319-2081
AB 1688
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