BILL ANALYSIS Ó AB 2580 Page 1 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. AB 2580 Page 2 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 AB 2580 Page 3 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 AB 2580 Page 4 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 AB 2580 Page 5