BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2580


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          ASSEMBLY THIRD READING


          AB  
          2580 (Olsen)


          As Amended  April 18, 2016


          Majority vote


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Human Services  |7-0  |Bonilla, Grove,       |                    |
          |                |     |Calderon, Lopez,      |                    |
          |                |     |Maienschein,          |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Mark Stone, Thurmond  |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          SUMMARY:  Permits a caregiver to indicate to a foster child's  
          social worker, at the time the child is removed from the  
          caregiver's care in order for the child to be reunified with the  
          child's parent or guardian, that the caregiver is interested in  
          providing and willing to provide care for the child in the  
          future if the child is removed from his or her parent or  
          guardian and in need of foster care placement.










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          EXISTING LAW:  


          1)Permits the juvenile court to adjudge a child a dependent of  
            the court for specified reasons, including, but not limited  
            to, if a child has suffered or is at substantial risk of  
            suffering serious physical harm, emotional damage, or sexual  
            abuse, as specified.  (Welfare and Institutions Code (WIC)  
            Section 300)


          2)States that the purpose of foster care law is to provide  
            maximum safety and protection for children who are currently  
            being physically, sexually, or emotionally abused, neglected,  
            or exploited, and to ensure the safety, protection, and  
            physical and emotional well-being of children who are at risk  
            of harm.  (WIC Section 300.2)


          3)Declares the intent of the Legislature to, whenever possible,  
            preserve and strengthen a child's family ties and, when a  
            child must be removed from the physical custody of his or her  
            parents, to give preferential consideration to placement with  
            relatives.  States the intent of the Legislature to reaffirm  
            its commitment to children who are in out-of-home placement to  
            live in the least restrictive family setting and as close to  
            the child's family as possible, as specified.  Further states  
            the intent of the Legislature that all children live with a  
            committed, permanent, nurturing family and states that  
            services and supports should be tailored to meet the specific  
            needs of the individual child and family being served, as  
            specified.  (WIC Section 16000)


          4)Requires out-of-home placement of a child in foster care to be  
            based upon selection of a safe setting that is the least  
            restrictive family setting that promotes normal childhood  
            experiences and the most appropriate setting that meets the  
            child's individual needs, as specified.  Further requires the  








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            selection of placement to consider, in order of priority,  
            placement with:  relatives, nonrelated extended family  
            members, and tribal members; foster family homes, resource  
            families, and nontreatment certified homes of foster family  
            agencies; followed by treatment and intensive treatment  
            certified homes of foster family agencies or multidimensional  
            treatment foster care homes or therapeutic foster care homes;  
            group care placements in the order of short-term residential  
            treatment centers, group homes, community treatment  
            facilities, and out-of-state residential treatment, as  
            specified.  (WIC Section 16501.1(d)(1))


          5)Establishes requirements and processes for the court, and  
            further provides for various hearings to review the status of  
            the dependent child during which certain case information  
            regarding the child must be provided and reviewed.  (WIC  
            Section 360-370) 


          FISCAL EFFECT:  Unknown.  This bill is keyed non-fiscal by the  
          Legislative Counsel.


          COMMENTS:  


          Child Welfare Services:  The purpose of California's Child  
          Welfare Services (CWS) system is to protect children from abuse  
          and neglect and provide for their health and safety.  When  
          children are identified as being at risk of abuse, neglect or  
          abandonment, county juvenile courts hold legal jurisdiction and  
          children are served by the CWS system through the appointment of  
          a social worker.  Through this system, there are multiple  
          opportunities for the custody of the child, or his or her  
          placement outside of the home, to be evaluated, reviewed and  
          determined by the judicial system, in consultation with the  
          child's social worker, to help provide the best possible  
          services to the child.  The CWS system seeks to help children  








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          who have been removed from their homes reunify with their  
          parents or guardians, whenever appropriate, or unite them with  
          other individuals they consider to be family.  


          As of October 1, 2015, there were 62,605 children in  
          California's child welfare system.  Of those, 9,079 had been in  
          foster care for five years or more; 37% of those in foster care  
          five years or more were between the ages of 18 and 20, 22%  
          between the ages of 16 and 17, 29% between the ages of 11 and  
          15, and 11% between the ages of 3 and 5.


          Need for this bill:  According to the author, 


            California has more children in foster care than any other  
            state in the nation, with over 60,000 children placed in our  
            state's foster care system.  Foster parents provide a  
            supportive and stable family for children who cannot live  
            with their parents.  They develop close bonds with the  
            children they welcome into their home, and are active  
            participants in major decisions for the children.  Too  
            often, however, this bond is needlessly broken to the  
            detriment of the child.  Numerous cases have seen children  
            being removed from their foster homes without any indication  
            that reunification will be in their best interest.




          Analysis Prepared by:                                             
                          Daphne Hunt / HUM. S. / (916) 319-2089  FN:  
          0002794













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