BILL ANALYSIS Ó AB 1688 Page 1 Date of Hearing: April 20, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 1688 (Rodriguez) - As Introduced January 21, 2016 ----------------------------------------------------------------- |Policy |Human Services |Vote:|6 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 AB 1688 Page 2 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 AB 1688 Page 3 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 Page 4