BILL ANALYSIS Ó
SENATE COMMITTEE ON HUMAN SERVICES
Senator McGuire, Chair
2015 - 2016 Regular
Bill No: AB 1688
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|Author: |Rodriguez |
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|Version: |January 21, 2016 |Hearing |June 14, 2016 |
| | |Date: | |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Mareva Brown |
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Subject: Dependent children: out-of-county placement: notice
SUMMARY
This bill requires that a written notice be served on a foster
child's attorney and a child 10 years or older if a social
worker will be placing the child outside the county, as
specified, and permits the child to object to the proposed
placement. The requirement expands the list of individuals who
are required to receive advance notification of an out-of-county
placement.
ABSTRACT
Existing law:
1) Establishes a system of juvenile dependency for children
who are or are at risk of being physically, sexually or
emotionally abused, being neglected or being exploited to
ensure their safety, protection and physical and emotional
well-being. (WIC 300, et seq.)
2) Requires the status of every dependent child in foster
care to be reviewed no less often than once every six
months, and for the court to consider the continuing
necessity for placement, whether the placement is
appropriate, and other factors. (WIC 366)
3) Identifies a number of specific processes for a child's
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placement into the child welfare system. (WIC 361.2 et seq)
4) Mandates that if a child or nonminor dependent is not
represented by counsel, the court must appoint counsel for
the child or nonminor dependent, as specified. (WIC 317
(c))
5) Establishes the right of a minor to attend their own
dependency hearing, and to be represented at the hearing by
counsel of his or own choice. If the child is present,
requires a judge to inform the child of their right to
address the court and participate in the hearing. (WIC
349)
6) Establishes a bill of rights for foster youth, including
the right to life in a safe and healthy home, be free of
abuses, to visit brothers and sisters, to not be locked in
a room or building, and others. (WIC 16001.9)
7) Requires that if a child is taken from the physical
custody of the child's parent or guardian and unless the
child is placed with relatives, the child shall be placed
in foster care in the county of residence of the child's
parent or guardian in order to facilitate reunification of
the family, unless an appropriate placement cannot be
found, as specified. (WIC 361.2 (g))
8) In situations where a suitable placement within the
county cannot be found, permits a social worker to place a
child outside the county only after a social worker has
served 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 delaying the action or would be
endangered if prior notice were given. The notice shall
state the reasons that require placement outside the
county. (WIC 361.2 (h))
9) Permits the child's parent or guardian to object to the
placement not later than seven days after receipt of the
notice and, upon objection, requires the court to hold a
hearing not later than five days after the objection and
prior to the placement. The court must order out-of-county
placement if it finds that the child's particular needs
require placement outside the county. (WIC 361.2 (h))
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This bill:
1) Adds the child and child's attorney to those who must be
notified at least 14 days prior to moving a child to an
out-of-county placement, providing the child is 10 years or
older.
2) Adds the child to those permitted to object to the
proposed out-of-county placement.
FISCAL IMPACT
According to an analysis by the Assembly Committee on
Appropriations, this bill will result in a 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 state 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.
The analysis also reflects minor and absorbable court costs.
BACKGROUND AND DISCUSSION
Purpose of the bill:
According to the author, one of the most significant decisions
that occurs during a dependency case is where a child will live.
The location of the child's placement impacts everything from
where the child goes to school to how often the child can see
siblings, relatives, and friends, according to the author. 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, the author
additionally states.
Foster care
California's county-based child welfare system is designed to
protect children at risk of child abuse and neglect or
exploitation. It provides intensive services to families focused
on establishing sufficient child safety, permanency and
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well-being to allow families to stay together in their own
homes. However, if county social workers, through the oversight
of local juvenile courts, determine that out-of-home placement
is the only safe option for a child, the child welfare agency
arranges for and monitors temporary or permanent placement of
the child in the safest and least restrictive environment
possible
Out of county placements
About 45,000 children were placed out of in out-of-home
situations in 2016, according to data released by CDSS with the
Governor's budget. July 2015 data indicate that approximately
20% of children and youth in foster care were placed in counties
other than their supervising county.
Statute requires a child be placed in their home county when
possible to facilitate efforts to reunify the child with their
parents or guardians. However, when a suitable placement cannot
be found within the child's home county, California law permits
a child to be placed out of county, providing the social worker
gives notice to the child's parent or guardian at least 14 days
prior to the child's move. The child's parent or guardian has
the option to object to an out-of-county placement and to have a
court hearing on the matter. However, the child has no legal
standing to either be notified of the prospective move, or to
object to it.
Foster youth rights
The rights of foster youth have been variously established in
statute. A foster child has the right to an attorney, the right
to address the court and to participate in court proceedings.
California's Foster Youth Bill of Rights was established in 2001
(AB 899, Liu, Chapter 683) and requires that children in
out-of-home care be provided with information by their social
worker every six months.
The federal Preventing Sex Trafficking and Strengthening
Families Act of 2014 (HR 4980) requires states to ensure that
children in foster care age 14 or older participate in the
development of, or revision to, the case plan. The plan must
describe the foster child's rights. Children aging out of foster
care must be provided with a birth certificate, a social
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security card, health insurance information, medical records and
a driver's license or state identification. Other recent efforts
have resulted in educational and health care rights.
Related legislation:
SB 1299 (Ridley-Thomas, 2015) requires the Department of Health
Care Services to develop policies and procedures establishing
the presumptive transfer of responsibility for foster youth who
are transferred out of their original county jurisdiction who
need specialty mental health services.
AB 490 (Steinberg, Chapter 862, Statutes of 2003) provided
foster youth with the right to remain in their school of origin,
to immediately enroll in a different school without any of the
normally required documentation such as a birth certificate or
immunization records and the right to partial credits, among
others.
SB 899 (Liu, chapter 683, Statutes of 2001) established the
Foster Youth Bill of Rights, required social workers to notify
foster children of those rights and required facilities that
provide services for youth to make the information available.
PRIOR VOTES
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|Assembly Floor: |76 - |
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|Assembly Appropriations Committee: |16 - |
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|Assembly Human Services Committee: |6 - |
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POSITIONS
Support:
Children's Law Center (Sponsor)
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Children Now
Oppose:
None.
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