BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2869


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          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:  









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          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  








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          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  








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          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  








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          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









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          None on file.




          Analysis Prepared by:Kelsy Castillo / HUM. S. / (916) 319-2089