BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1702| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 AB 1702 Page 2 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).) AB 1702 Page 3 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 AB 1702 Page 4 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 AB 1702 Page 5 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 **** END **** AB 1702 Page 6