BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       AB 1688|
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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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          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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