BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1688| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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: AB 1688 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)) AB 1688 Page 3 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 AB 1688 Page 4 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. AB 1688 Page 5 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) AB 1688 Page 6 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 AB 1688 Page 7 NO VOTE RECORDED: Chávez, Daly, Mathis, Olsen Prepared by:Mareva Brown / HUMAN S. / (916) 651-1524 8/3/16 18:11:11 **** END ****