BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                         SB 68|
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                                   THIRD READING 


          Bill No:  SB 68
          Author:   Liu (D)
          Amended:  3/26/15  
          Vote:     21  

           SENATE JUDICIARY COMMITTEE:  7-0, 4/7/15
           AYES:  Jackson, Vidak, Anderson, Hertzberg, Leno, Monning,  
            Wieckowski

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 5/28/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           SUBJECT:   Minor parents:  reunification services


          SOURCE:    Los Angeles Dependency Lawyers, Inc.
          
          DIGEST:   This bill requires the court in making its  
          determination whether to return a child, who was removed from  
          his or her parent's custody, back to the physical custody of his  
          or her parents, to take into account the particular barriers to  
          a minor parent.

          ANALYSIS: 

          Existing law:

          1)Provides that a minor may be removed from the physical custody  
            of his or her parents and become a dependent of the juvenile  
            court for serious abuse or neglect, or risk of serious abuse  
            or neglect, as specified. (Welf. & Inst. Code Sec. 300.)










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          2)Provides that unless certain exceptions apply, the primary  
            objective of the juvenile dependency system is reunification  
            of the minor with his or her family, and requires the court to  
            order the social worker to provide services to reunify  
            children legally removed from a parent. (Fam. Code Sec. 7950,  
            Welf. & Inst. Code Secs. 202, 300.2, 361.5.)


          3)Provides that children and families in the child welfare  
            system should typically receive a full six months of  
            reunification services if the child is under three years of  
            age, and twelve months if the child is over three years of  
            age.  (Welf. & Inst. Code Sec. 361.5.)


          4)Allows for court ordered services in pursuit of family  
            reunification to be extended from 12 to 18 or 24 months, as  
            specified, for parents who are incarcerated,  
            institutionalized, or ordered into a resident substance abuse  
            program if the court makes particular findings. (Welf. & Inst.  
            Code Sec. 361.5(a)(3)-(4).) 


          5)Requires the court to consider at several points during the  
            dependency hearings after removal of the child from the home,  
            and in certain circumstances the social worker to document,  
            the special circumstances of parents who are incarcerated,  
            institutionalized, detained, deported, or court-ordered to  
            residential substance abuse treatment, including barriers to  
            service access and to maintaining contact with the child, and  
            the parent's significant and consistent progress in  
            establishing a safe home for the child's return. (Welf. &  
            Inst. Code Secs. 366.21 and 366.22.)


          This bill requires the court to consider the special  
          circumstances of a minor parent, including barriers to service  
          and to maintaining contact with the child, and authorizes the  
          court to continue the case for an additional six months for the  
          provision of additional reunification services if the minor  
          parent is making significant and consistent progress toward  
          establishing a safe home for the child. 









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          Background


          The United States has one of the highest teen pregnancy rates in  
          the industrialized world, although this rate has been declining  
          since 1990, when it peaked at 12 percent of adolescent girls.   
          Teenage girls in the dependency system are twice as likely to  
          become pregnant before turning 19 than teenage girls who are not  
          in foster care. The Guttmacher Institute argues that the  
          circumstances that led these girls to be placed in foster care  
          in the first place, along with the experience of being in foster  
          care, seem to make them particularly vulnerable. (Boonstra,  
          Heather D., Teen Pregnancy Among Young Women In Foster Care: A  
          Primer, Spring 2011, Volume 14, Number 2.0,  Guttmacher Policy  
          Review.) Additionally, research has shown that adolescence is a  
          period of poor control over behavior and emotions, and teenagers  
          are likely to exhibit high levels of emotional arousal and  
          reactionary decision-making. (Tucker, Gargi, Decision-making is  
          Still a Work in Progress for Teenagers, March 2013, Brain  
          Connection.) Regarding parenting foster youth, the John Burton  
          foundation recently noted: 


            Parenting foster youth fall into the double cross-hairs of  
            foster care and teen parenthood. Educationally, they fall far  
            behind their peers, with a rate of high school graduation 13  
            percent lower than non-parenting foster youth and 25 percent  
            lower than their non-foster youth peers. As young, often  
            single parents, two out of three will live at, or below the  
            poverty line in adulthood. Most troubling, children of  
            parenting foster youth are a full five times more likely to be  
            maltreated and placed into foster care themselves. (Lemley,  
            Amy; Moving Parenting Foster Youth Out of the Shadows, March  
            13, 2013, The John Burton Foundation.)


          The child welfare system seeks to ensure the safety and  
          protection of these children, and where possible, preserve and  
          strengthen families through visitation and family reunification.  
           Over the years, the Legislature has enacted a number of laws  
          which require the court to take into consideration specific  
          circumstances that present a barrier to family reunification  
          when trying to create a permanency plan for a child.  AB 2070  
          (Bass, Chapter 482, Statutes of 2008) required courts to assess,  







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          among other factors, the particular barriers to accessing  
          court-mandated services for institutionalized and incarcerated  
          parents. Similarly, SB 977 (Liu, Chapter 219, Statutes of 2014)  
          required the court to consider whether a child can be returned  
          to the custody of his or her parent in a certified substance  
          abuse treatment facility.


          This bill seeks to address some of the particular barriers  
          facing minor parents whose children are placed in foster by  
          providing for the extension of reunification services for an  
          additional six months for minor parents who are making  
          significant and consistent progress toward establishing a safe  
          home for the child. 


          Comments


          The sponsor writes: 


            Teen parents should be treated at least in the same manner  
            which the State has recognized particular barriers to  
            reunification for incarcerated parents, immigrant parents, and  
            those in court-ordered residential substance abuse treatment  
            programs.  As with these other classes of parents, teen  
            parents, who make consistent progress in establishing a safe  
            home for their children's return, should receive an additional  
            six months of reunification services in order for them to have  
            a chance at successful reunification with their children.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          According to the Senate Appropriations Committee, this bill will  
          result in costs as follows:


           6-month services extension:  Potential future increase in  
            child welfare services costs (General Fund*) for the 6-month  
            extension of reunification services to specified minor parent  







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            cases. While the total number of applicable cases is unknown  
            at this time, for every 10 cases granted extended services,  
            costs would be about $50,000. 
           Dependency caseload impact:  Unknown, potential future cost  
            savings (Local/State) in reduced time spent in dependent care  
            to the extent youth are reunified with their parents sooner  
            than otherwise would occur under existing law.
           Proposition 30*:  Exempts the State from mandate reimbursement  
            for realigned programs, however, legislation that has an  
            overall effect of increasing the costs already borne by a  
            local agency for realigned programs including child welfare  
            services, apply to local agencies only to the extent that the  
            State provides annual funding for the cost increase.  


          SUPPORT:   (Verified6/2/15)


          Alliance for Children's Rights
          Children's Law Center of California
          Dependency Legal Services
          Executive Committee of the Family Law Section of the State Bar
          First Place for Youth
          National Association of Social Workers 
          San Francisco Counsel for Families and Children


          OPPOSITION:   (Verified6/2/15)


          None received


          Prepared by:Nichole Rapier / JUD. / (916) 651-4113
          6/2/15 21:19:25


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