BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1688|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
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THIRD READING
Bill No: AB 1688
Author: Rodriguez (D)
Introduced:1/21/16
Vote: 21
SENATE HUMAN SERVICES COMMITTEE: 4-0, 6/14/16
AYES: McGuire, Hancock, Liu, Nguyen
NO VOTE RECORDED: Berryhill
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 76-0, 4/28/16 (Consent) - See last page for
vote
SUBJECT: Dependent children: out-of-county placement:
notice
SOURCE: Children's Law Center of California
DIGEST: 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.
ANALYSIS:
Existing law:
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Page 2
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, and
identifies a number of specific processes for a child's
placement into the child welfare system. (WIC 361.2, WIC 366)
3)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))
4)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)
5)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)
6)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))
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7)Permits, in situations where a suitable placement within a
county cannot be found, a social worker to place a child
outside the county after serving 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 by prior notice. The notice
shall state the reasons that require placement outside the
county. (WIC 361.2 (h))
8)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 needs require placement outside
the county. (WIC 361.2 (h))
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.
Background
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
well-being to allow families to stay together in their own
homes. However, if county social workers, through the oversight
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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 the California
Department of Social Services with the Governor's budget. July
2015 data indicate that approximately 20 percent 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.
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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
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
AB 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
providing services for youth to make the information available.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
SUPPORT: (Verified8/3/16)
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Children's Law Center (source)
Children Now
California Protective Parents Association
Children's Advocacy Institute
Coalition of California Welfare Rights Organization, Inc.
Public Counsel
Family Law Section
OPPOSITION: (Verified8/3/16)
None received
ARGUMENTS IN SUPPORT: The Children's Law Center of
California, a sponsor of this bill, writes that there are
significant consequences for children who have an out-of-county
foster placement. "Not only does it mean a new home, but the
move often results in a new school and community, separation
from family and relatives, or a disruption or termination of
therapeutic, educational or other vital services. Important
relationships with friends, teachers, pastors, mentors and other
supportive adults are frequently lost because of the distance.
It is critical that a child's voice be heard in such an
important decision."
ASSEMBLY FLOOR: 76-0, 4/28/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,
Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper,
Dababneh, Dahle, Dodd, Eggman, Frazier, Beth Gaines,
Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson,
Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger
Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey,
Levine, Linder, Lopez, Low, Maienschein, Mayes, McCarty,
Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell,
Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago,
Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,
Wilk, Williams, Wood, Rendon
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NO VOTE RECORDED: Chávez, Daly, Mathis, Olsen
Prepared by:Mareva Brown / HUMAN S. / (916) 651-1524
8/3/16 18:11:11
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