BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       AB 1702|
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                                      CONSENT 


          Bill No:  AB 1702
          Author:   Mark Stone (D) and Maienschein (R)
          Amended:  6/16/16 in Senate
          Vote:     21 

           SENATE JUDICIARY COMMITTEE:  7-0, 6/14/16
           AYES:  Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,  
            Wieckowski

           ASSEMBLY FLOOR:  76-0, 5/2/16 - See last page for vote

           SUBJECT:   Juveniles:  dependent children:  reunification  
                     services


          SOURCE:    County of Alameda
                     County Welfare Directors Association of California


          DIGEST:  This bill provides that reunification services need not  
          be provided when the court finds that the parent or guardian  
          knowingly participated in, or permitted, the sexual exploitation  
          of the child, except if the parent or guardian demonstrated by a  
          preponderance of the evidence that he or she was coerced into  
          permitting, or participating in, the sexual exploitation of the  
          child.


          ANALYSIS:  

          Existing law: 

          1)Provides that a minor may be removed from the physical custody  
            of his or her parents and become a dependent of the juvenile  
            court for serious abuse or neglect, or risk of serious abuse  








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            or neglect, as specified. (Welf. & Inst. Code Sec. 300.)
           
           2)Provides that unless certain exceptions apply, the primary  
            objective of the juvenile dependency system is reunification  
            of the minor with his or her family, and the court must order  
            the social worker to provide services to reunify children  
            legally removed from a parent. (Fam. Code Sec. 7950, Welf. &  
            Inst. Code Secs. 202, 300.2, 361.5.)
           
           3)Allows the court to deny reunification services in 16  
            situations, as specified, including: 

                 the whereabouts of the parent are unknown;
                 the parent is suffering from a mental disability, as  
               specified;
                 the child or sibling of the child has previously entered  
               the dependency system due to physical or sexual abuse,  
               returned to the parent, and is being removed from the home  
               again because of physical or sexual abuse;
                 the parent caused the death of another child;
                 the child or sibling of the child has entered the  
               dependency system as a result of severe sexual or physical  
               abuse inflicted by the parent; and
                 that the child was conceived by means of sexual  
               intercourse with a child under the age of 14 years. (Welf.  
               & Inst. Code Sec. 361.5(b).)

          1)Provides that a finding of severe sexual abuse may be based  
            on, but is not limited to, sexual intercourse, or stimulation  
            involving genital-genital, oral-genital, anal-genital, or  
            oral-anal contact, whether between the parent or guardian and  
            the child or a sibling or half sibling of the child, or  
            between the child or a sibling or half sibling of the child  
            and another person or animal with the actual or implied  
            consent of the parent or guardian; or the penetration or  
            manipulation of the child's, sibling's, or half sibling's  
            genital organs or rectum by any animate or inanimate object  
            for the sexual gratification of the parent or guardian, or for  
            the sexual gratification of another person with the actual or  
            implied consent of the parent or guardian. (Welf. & Inst. Code  
            Sec. 361.5(b).)









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          This bill adds to the list above by allowing the court to deny  
          reunification services if the court finds that the parent or  
          guardian knowingly participated in, or permitted the sexual  
          exploitation of the child unless the parent or guardian,  
          demonstrated by a preponderance evidence, that he or she was  
          coerced into permitting, or participating in, the sexual  
          exploitation of the child.

          Background
          
          Unless certain exceptions apply, the court must order a social  
          worker to provide services to reunify the family if a child is  
          legally removed from a parent and the parent has not voluntarily  
          relinquished parental rights. The heart of reunification is  
          Welf. & Inst. Code Sec. 361.5, which sets out the statutory  
          framework for reunification services and defines who receives  
          them.  A good faith plan for reunifying the child with his or  
          her parents is required by both statute and due process.  The  
          denial of services has a profound impact on the family, because  
          to deny parents reunification services is really an order  
          precluding the child's return.  Thus, it is difficult to  
          exaggerate the importance of reunification to dependency  
          proceedings. (In re Luke L. (1996) 44 Cal.App.4th 670, 678.) 

          That being said, there are 16 circumstances that the Legislature  
          has deemed so egregious that the court need not order  
          reunification services, including when a parent has caused the  
          death of another child through abuse or neglect, the child (or a  
          sibling of the child) has been adjudicated a dependent of the  
          court due to severe sexual abuse or severe physical harm, or  
          where a child under five years of age suffered severe physical  
          abuse by a parent.  (Welf. & Inst. Code Sec. 361.5(b).) This  
          bill, seeking to protect children who have been sexually  
          exploited at the hand of, or because of the consent of, a parent  
          adds the act of sexual exploitation of a child to the list of 16  
          situations where the court need not order reunification  
          services.  


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No









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          SUPPORT:   (Verified6/17/16)


          County of Alameda (co-source)
          County Welfare Directors Association of California (co-source)
          American Academy of Pediatrics
          Butte County Department of Employment and Social Services
          California Association of Marriage and Family Therapists
          California Catholic Conference
          California Coalition for Youth
          California Immigrant Policy Center
          California Police Chiefs Association
          California Probation, Parole, and Correctional Association
          California State Association of Counties
          County of Madera
          County of San Bernardino
          LIUNA Locals 777 & 972 
          Los Angeles Deputy Probation Officers' Union, AFSCME, Local 685
          Los Angeles Professional Peace Officers Association
          National Association of Social Workers
          Santa Clara County Board of Supervisors
          Urban Counties of California
          Ventura County Board of Supervisors


          OPPOSITION:   (Verified6/17/16)




          Legal Services for Prisoners with Children




          ARGUMENTS IN SUPPORT:     Alameda County Social Services Agency,  
          sponsor, writes in support:


             [C]ounties have identified a gap in dependency law related to  
             family reunification efforts.  Specifically, existing law  








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             requires counties to provide reunification services to a  
             parent or guardian even when they have knowingly engaged in,  
             or consented to, the sexual exploitation of their child.  ?  
             AB 1702 creates a crucial protection for foster youth who  
             have suffered from sexual exploitation at the hands of their  
             parents or guardians. 

          ARGUMENTS IN OPPOSITION: Legal Services for Prisoners with  
            Children writes: 

            Courts already have a great deal of discretion in determining  
            to withhold reunification services-more than enough to ensure  
            that they are able to provide for children's best interests.   
            Adding to existing exemptions is not only redundant, it is  
            dangerous in that it gives courts-which have been  
            statistically proven to be more punitive with formerly  
            incarcerated parents and with parents of color-more latitude  
            to deny parents the ability to ever see their children again. 

          ASSEMBLY FLOOR:  76-0, 5/2/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier,  
            Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson,  
            Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Holden,  
            Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,  
            Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,  
            Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,  
            Patterson, Quirk, Rodriguez, Salas, Santiago, Steinorth, Mark  
            Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Wood,  
            Rendon
          NO VOTE RECORDED:  Beth Gaines, Roger Hernández, Ridley-Thomas,  
            Williams


          Prepared by:Nichole Rapier / JUD. / (916) 651-4113
          6/17/16 15:03:54


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