BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      SB 68


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          Date of Hearing:   July 14, 2015


                        ASSEMBLY COMMITTEE ON HUMAN SERVICES


                                  Kansen Chu, Chair


          SB  
          68 (Liu) - As Amended June 24, 2015


          SENATE VOTE:  40-0


          SUBJECT:  Minor or nonminor dependent parents: reunification  
          services.


          SUMMARY:  Requires special considerations in dependency hearings  
          for the children of minor parents and nonminor dependent  
          parents.


          Specifically, this bill:  


          1)Requires the court to consider the particular barriers faced  
            by minor parents and nonminor dependent parents when  
            determining whether to return a child who has entered foster  
            care to the physical custody of his or her parent or legal  
            guardian.


          2)Authorizes the court to continue a case for an additional six  
            months for the provision of additional reunification services  
            for a minor parent or nonminor dependent parent who is making  
            significant and consistent progress in establishing a safe  








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            home for the child's return.


          EXISTING LAW:   


          1)Establishes a state and local system of child welfare  
            services, including foster care, for children who have been  
            adjudged by the court to be at risk or have been abused or  
            neglected, as specified.  (WIC 202 et seq.)

          2)Allows a juvenile court to adjudge a child a ward or a  
            dependent of the court for specified reasons, including but  
            not limited to if the child has been left without any  
            provision for support, as specified.  (WIC 300)

          3)Declares legislative intent that a child shall not be  
            considered to be at risk of abuse or neglect solely because of  
            the age, dependent status, or foster care status of his or her  
            parent.  (WIC 300)

          4)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 300.2)

          5)States the intent of the Legislature to preserve and  
            strengthen a child's family ties whenever possible and to  
            reunify a foster youth with his or her biological family  
            whenever possible, or to provide a permanent placement  
            alternative, such as adoption or guardianship.  (WIC 16000)

          6)Requires the court to make a determination as to whether  
            reasonable efforts were made to prevent or eliminate the need  
            for removal of a minor from his or her home, as specified.   
            (WIC 361)









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          7)Establishes processes and requirements for juvenile court  
            dependency hearings, and requires the court to consider at  
            several points during the dependency process 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, or  
            deported, including barriers to access services and maintain  
            contact with the child, and the parent's significant and  
            consistent progress in establishing a safe home for the  
            child's return.  (WIC 366.21, 366.22.)

          8)Establishes circumstances under which family reunification  
            services should be ordered to be provided for families.   
            Provides for six months of reunification services for children  
            under the age of three, and twelve months for children over  
            the age of three.  Further provides for an extension of  
            reunification services for up to a total of 18 to 24 months  
            for specified reasons.  (WIC 361.5)

          9)Defines "nonminor dependent" as a current or former foster  
            youth who is between18 and 21 years old, in foster care under  
            the responsibility of the county welfare department, county  
            probation department, or Indian Tribe, and participating in a  
            transitional independent living plan.  (WIC 11400 (v))
          FISCAL EFFECT:  According to the May 28, 2015, Senate  
          Appropriations Committee analysis, this bill may result in the  
          following costs:


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








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            that the State provides annual funding for the cost increase.)





          2)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.



          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 and outcomes for the child.  The CWS system seeks to  
          help children 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. 


          The juvenile court holds various hearings throughout the  
          dependency process, including the initial hearing, a disposition  
          hearing to determine where a child should live, and periodic  
          review hearings.  During this process, at several points after a  
          child has been removed from his or her home, several factors are  
          taken into consideration, and documented by social workers, in  








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          order to ascertain what is best for the child.  One set of these  
          factors includes considering the special circumstances of  
          parents who are incarcerated, institutionalized, detained,  
          deported, or court-ordered to residential substance abuse  
          treatment, including barriers to accessing services and  
          maintaining contact with the child, and the parent's significant  
          and consistent progress in establishing a safe home for the  
          child's return.


          Reunification services:  The court may order reunification  
          services for parents who have had a child removed when it is  
          determined that reunification with the family would ultimately  
          benefit the child.  These services can encompass a range of  
          supports, including parenting classes, substance abuse  
          treatment, family therapy, and home visiting, among others,  
          aimed at responding to the needs of the child and the parents.   
          Depending on the child's age, reunification services can be  
          offered for between 6 months (for children under the age of 3)  
          and 12 months (for children ages 3 and older).  Extensions for  
          certain circumstances may be granted if there is a substantial  
          probability that the child will be returned to the physical  
          custody of his or her parents, and for parents who are making  
          significant and consistent progress in a court-ordered  
          residential substance abuse treatment program, or recently  
          discharged from incarceration, institutionalization, or the  
          custody of the United States Department of Homeland Security and  
          making progress in establishing a safe home for the child.


          Teen parents and parenting foster youth and nonminor dependents:  
           According to the U.S. Department of Health and Human Services'  
          Office of Adolescent Health, in 2011, California had the 30th  
          highest teen birth rate in the country, with 38,303 births to  
          women ages 15 to 19, representing 28.7 births per 1,000 females  
          in that age range. 


          While comprehensive data on the size of the state's population  








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          of pregnant and parenting foster youth and nonminor dependents  
          is currently lacking, evidence of higher pregnancy and parenting  
          rates for foster youth exists.  For example, recent research  
          connecting Child Protective Services (CPS) data with birth  
          records in California was able to link approximately 1.5 million  
          California birth records (from 2000 to 2010) to 1 million CPS  
          records.  Using this linked data, researchers found that, of  
          girls in foster care at the age of 17, more than one-quarter of  
          them had given birth at least once during their teens.  Of girls  
          in foster care who had given birth at least once before the age  
          of 18, over one-third had more than one birth in their teens.   
          These findings were corroborated by a much smaller, more  
          in-depth study that interviewed over 700 17-year-old foster  
          youth and former foster youth in California.  This study found  
          that just over one-fourth of respondents had ever been pregnant;  
          30% of whom had been pregnant more than one time.


          Teen pregnancy and parenthood have been found to be correlated  
          with a number of social and economic consequences.  Teen mothers  
          are less likely to finish high school, more likely to live in  
          poverty, and can face poorer health conditions than slightly  
          older mothers.  The children of teenage parents are then also  
          more likely to live in poverty.  They are also more likely to  
          come into contact with the child welfare system.  Importantly,  
          teen pregnancy may not distinctly cause each of these outcomes,  
          but instead leads to compounding and interrelated impacts, with  
          diminished educational attainment contributing to decreased  
          earnings and higher poverty levels, and other negative outcomes  
          stemming from living in poverty.  Moreover, the children of teen  
          parents may not necessarily be more susceptible to abuse and  
          neglect, but may instead have increased exposure to the child  
          welfare system because teenagers may more often have their  
          parenting questioned and because young parents may need greater  
          support in raising their children.


          Need for this bill:  This bill seeks to support teen parents who  
          have come into contact with the CWS system, and risk losing  








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          custody of their children, by providing extended reunification  
          services where necessary and appropriate, and by asking the  
          court to consider the barriers faced by this population when  
          making decisions regarding dependency.  Recognizing that  
          pregnant and parenting youth ages 18 to 20 that are enrolled in  
          extended foster care may also face a number of the same issues  
          that teen parents do, this bill was recently amended to include  
          nonminor dependent parents.


          According to the author:


            "A significant number of teenage parents who are in the  
            state's juvenile dependency system are trying to reunify with  
            their children.  Minor parents face numerous hurdles, legal  
            and otherwise, which are distinct from those encountered by  
            adult parents and guardians.  This bill will help reunite teen  
            parents with their children and keep families together.  Minor  
            parents must navigate an already complicated legal process  
            which presumes the parent or legal guardian has ready access  
            to court-ordered treatment programs.  Many of these existing  
            programs are not necessarily adaptable to the needs of a minor  
            parent. 





            Minor parents are also enrolled in school or pursuing other  
            educational opportunities, which limits their chances to  
            effectively utilize parenting skills enhancement programs  
            within the time frame normally allotted by statute.  Minor  
            parents face substantial legal barriers that prevent access to  
            full-time employment, appropriate child care, transportation,  
            and adequate housing.  Minor parents must overcome these  
            systemic barriers while also demonstrating a full-time  
            commitment to their parenting responsibilities.









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            This bill extends for six months reunification services for  
            minor parents who are making significant progress in a  
            court-ordered reunification plan.  The bill also recognizes  
            the unique challenges faced by teenage parents.  Children of  
            minor parents are at greater risk of permanently losing their  
            families because of barriers that impede reunification.  This  
            bill requires the courts to recognize these barriers, protect  
            these families and enhance the reunification process for  
            children and their minor parents, giving them their greatest  
            opportunity to succeed."





          RELATED LEGISLATION:


          AB 260 (Lopez), 2015, provides for additional considerations and  
          supports for pregnant and parenting foster youth and nonminor  
          dependents.  


          SB 1064 (De León), Chapter 845, Statutes of 2012, among other  
          things, required juvenile courts to consider the particular  
          barriers faced by detained and deported parents.


          AB 2070 (Bass), Chapter 482, Statutes of 2008, among other  
          things, required juvenile courts to consider the circumstances  
          of incarcerated or institutionalized parents, and parents  
          participating in court-ordered residential substance abuse  
          treatment programs.










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          SB 1178 (Kuehl), Chapter 841, Statutes of 2004, established  the  
          Teen Parents in Foster Care Act, which set forth ways in which  
          the families of dependent minor parents could be strengthened  
          and preserved, and required child welfare agencies to identify  
          and utilize whole family placements and other placement models  
          that supported pregnant and parenting foster youth and their  
          families. 


           SECOND COMMITTEE OF REFERENCE  .  This bill was previously heard  
          in the Assembly Judiciary Committee, on June 23, 2015 and was  
          approved on a 10-0 vote.
          


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Children's Law Center of California (CLC) 


          Dependency Legal Services 


          First Place for Youth 


          Los Angeles Dependency Lawyers, Inc. (LADL) 


          National Association of Social Workers, CA Chapter (NASW-CA) 


          San Francisco Counsel for Families & Children (SFCFC) 








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          The Alliance for Children's Rights





          Opposition


          


          None on file.




          Analysis Prepared by:Daphne Hunt / HUM. S. / (916)  
          319-2089