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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