BILL ANALYSIS Ó
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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