BILL ANALYSIS Ó AB 2869 Page 1 Date of Hearing: April 12, 2016 ASSEMBLY COMMITTEE ON HUMAN SERVICES Susan Bonilla, Chair AB 2869 (Chávez) - As Amended March 18, 2016 SUBJECT: Dependent children: military notification SUMMARY: Requires notification of the Family Advocacy Program in instances where a social worker is conducting a child welfare services investigation of a family in the Armed Forces, as specified. Specifically, this bill: 1)Requires a social worker who is conducting a child welfare services investigation to make every effort to ascertain if a parent or guardian of the child, or that person's spouse, is a member of the Armed Forces. 2)Requires the social worker to notify the Family Advocacy Program of the military installation at which the specified family member is stationed that there is an open child welfare services investigation. EXISTING LAW: AB 2869 Page 2 1)Designates that a child who meets certain criteria is within the jurisdiction of the juvenile court and may be adjudged as a dependent child of the court, as specified. (WIC 300). 2)Requires a social worker to conduct an investigation if the social worker has cause to believe that a child meets certain criteria, 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. (WIC 328) 3)Requires a social worker to make a referral to child welfare services if they conduct an investigation and conclude that it is appropriate to offer child welfare services to the family. (WIC 328) 4)Establishes the Family Advocacy Program to address prevention of and response to child abuse and neglect involving military families. (10 U.S.C. 1787) 5)Requires Military Services to establish Memoranda of Understanding (MOUs) with state and local child welfare services to collaborate on the oversight of cases involving military families. (Department of Defense Directive 6400.1) FISCAL EFFECT: Unknown. COMMENTS: Child Welfare Services: The purpose of California's Child Welfare Services (CWS) system is to provide for the protection AB 2869 Page 3 and the health and safety of children. Within this purpose, the desired outcome is to reunite children with their biological parents, when appropriate, to help preserve and strengthen families. However, if reunification with the biological family is not appropriate, children are placed in the best environment possible, whether that is with a relative, through adoption, or with a guardian, such as a nonrelated extended family member, as specified. In the case of children who are 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 stages where the custody of the child or his or her placement are 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. At the time a child is identified as needing child welfare services and is in the temporary custody of a social worker, the social worker is required to identify whether there is a relative or guardian to whom a child may be released, unless the social worker believes that the child would be at risk of abuse, neglect or abandonment if placed with that relative or guardian. State law also lays out the conditions under which a court may deem a child a dependent or ward of the court, including when the parent has been incarcerated or institutionalized and is unable to arrange for care for the child, such as placement with a known relative or nonrelative extended family member. If the child is deemed a dependent or ward of the court, the court may maintain the child in his or her home, remove the child from the home but with the goal of reunifying the child with his or her family, or identify another form of permanent placement. Unless the child is unable to be placed with the parent, the court is required to give preference to a relative of the child in order to preserve the child's association with his or her family. Associated with the placement, the assigned social worker shall develop a case plan for the child, which outlines the placement for the child, sets forth services necessary for the child, and outlines the provision of reunification services, if necessary AB 2869 Page 4 and appropriate. Family Advocacy Program: The Family Advocacy Program (FAP) was created by the Department of Defense in order to address and end issues relating to domestic violence in military households. FAP offers prevention programs to put a stop to domestic violence before it occurs, including classes and workshops, programs for new parents, counseling, and public awareness campaigns. When abuse does occur, FAP works to ensure the safety of victims and helps military families overcome the effects of violence and change destructive behavior patterns. FAP members are trained to respond to incidents of abuse and neglect, support victims, and offer prevention and treatment. The Department of Defense has a statutory obligation to address child abuse and neglect within the FAP. Similarly, the Department of Defense is required by statute to inform the Department of Social Services when they are conducting an investigation about child abuse or neglect within and on military property, such as base housing Other states: Currently, several other states including Washington and South Carolina address the state's responsibility to address child abuse and neglect regarding all children, including those of military service members. The state of Washington requires case workers to ask clients if they are associated with the military, and if so, provides case workers the authority to share the information with appropriate military authorities. South Carolina includes references to military families and states that "in the event the alleged abused or neglected child is a member of an active duty military family?the county department of social services shall notify the designated authorities at the military installation where the active AB 2869 Page 5 military sponsor is assigned." (South Carolina Children's Code, Section 63-7-320). South Carolina also allows the department or law enforcement to collect information regarding the military affiliation of a person having custody or control of the child subject to an investigation. Need for this bill: According to the author, "We need to work together to protect our military children and ensure they have access to all the help and services they may need." Currently there is no process in place for the Department of Social Services to identify and notify military family support services of the applicable branch when a military family or guardian is subject to an investigation by the county welfare department. While the Department of Defense has a statutory obligation to address child abuse and neglect within military families through FAP, there is no corresponding requirement for the Department of Social Services to notify the Department of Defense when an investigation of a military family is being conducted. REGISTERED SUPPORT / OPPOSITION: Support None on file. Opposition AB 2869 Page 6 None on file. Analysis Prepared by:Kelsy Castillo / HUM. S. / (916) 319-2089