BILL ANALYSIS                                                                                                                                                                                                    Ó



                             SENATE JUDICIARY COMMITTEE
                         Senator Hannah-Beth Jackson, Chair
                             2015-2016  Regular  Session


          SB 942 (Liu)
          Version: March 31, 2016
          Hearing Date: April 12, 2016 
          Fiscal: Yes
          Urgency: No
          NR   


                                        SUBJECT
                                           
                    Dependency proceedings:  relative caregivers

                                      DESCRIPTION  

          This bill would establish additional procedures for the  
          temporary placement of a child with an able and willing  
          relative, as specified, and would require a social worker to  
          conduct an assessment and report the results of the assessment  
          to the court within seven days.  This bill would also require  
          that a criminal records check be conducted within a specified  
          timeframe, and would authorize the court to conduct a hearing if  
          the assessment process is not complete to determine if the  
          county has abused its discretion. 

          The bill would additionally require the county, to the extent  
          possible, to actively assist a relative in locating and  
          obtaining any documents required for a criminal records  
          exemption.   

                                      BACKGROUND  

          When abused or neglected children are taken from the custody of  
          their parents, social workers are required to release a child  
          temporarily to a responsible parent, guardian, or relative,  
          unless a specified condition exists.  (Welf. & Inst. Code Sec.  
          309(a).)  Social workers may also release a child into the  
          custody of a nonrelative extended family member (NREFM), defined  
          as "any adult caregiver who has established a familial or  
          mentoring relationship with the child," or place the child in a  
          licensed foster or group home. (Welf. & Inst. Code Sec.  
          361.2(e).)  These placements, at least initially, are temporary  
          while the social worker develops a case plan to present to the  
          court according to the following priorities: (1) maintain the  
          child within his or her home; (2) remove the child but with the  







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          goal of reuniting the parent and child; or (3) find a permanent  
          placement for the child.  Following the initial placement of a  
          child in a temporary home, a child is not eligible for adoption  
          until the court has formally terminated parental rights and  
          ended family reunification services.  Thus, it is imperative  
          that the temporary placement, whether with a foster home,  
          relative, or NREFM, assist in the facilitation of court-ordered  
          family reunification services.  

          Existing law requires, prior to placing a child in the home of a  
          relative or any other prospective guardian, that the social  
          worker visit the home to ascertain the appropriateness of the  
          placement and run a criminal records check on all persons over  
          18 years of age living in the home, or any other person who may  
          have significant contact with the child, including those with a  
          familial or intimate relationship with any person living in the  
          home. (Welf. & Inst Code Sec. 361.4.) If a criminal record check  
          shows that a person has been convicted of a crime for which  
          there is an exemption, the child cannot be placed in the home  
          unless the county does in fact grant that exemption. An  
          exemption cannot be provided if the individual has been  
          convicted of a non-exemptible crime, such as rape, a sex  
          offense, murder, or fiscal malfeasance.

          In cases where an applicant has been convicted of an exemptible  
          crime, the Department of Social Services is required to process  
          an exemption only if requested by the applicant.  Both federal  
          and state laws and regulations require the state to conduct a  
          thorough investigation and evaluation of the applicant.  This  
          process can be cumbersome, requiring the review of original case  
          documents, which can be difficult to obtain from distant  
          jurisdictions or in decades-old cases. During this exemption  
          process the child is potentially waiting in a shelter or foster  
          home for clearance before he or she can be placed with the  
          relative. 

          Seeking to expedite this process and thereby place children in  
          the homes of relatives more quickly, this bill would establish  
          additional procedures for the temporary placement of a child  
          with a relative, and would impose new timelines on social  
          workers for assessments and background checks.  Finally, this  
          bill would authorize the court to conduct a hearing to determine  
          if the county has abused its discretion if the assessment  
          process is not completed within a specified timeframe, and would  








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          additionally require the county, to the extent possible, to  
          actively assist a person in locating and obtaining any documents  
          required for a criminal records exemption.   

                                CHANGES TO EXISTING LAW
           
           Existing law  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.)

           Existing law requires the social worker to immediately release a  
          child in temporary custody to the child's parent, guardian,  
          responsible relative, unless specified conditions exist. (Welf.  
          & Inst. Code Sec. 309.)

           Existing law  requires at the detention hearing, that the court  
          take certain steps to evaluate the case, determine whether the  
          child can be returned home safely, and, if not, to ensure the  
          child is placed in an appropriate placement, with priority  
          consideration for family members and nonrelative extended family  
          members (NREFM). (Welf. & Inst. Code Sec. 319.)

           Existing law  establishes criteria for approving a relative or  
          NREFM home for the placement of a child, including a home visit  
          and the submission of fingerprints for a state and federal  
          criminal background check, and requires the county to prohibit  
          placement with anyone who has an arrest or conviction for a  
          serious or violent felony, as specified. (Welf. & Inst. Code  
          Sec. 361.4.)

           Existing law  prohibits placement of the child in a home where an  
          adult in the home has a criminal history until an exemption is  
          granted by the county. (Welf. & Inst. Code Sec. 361.4 (d).)
          
           This bill  would require the court to order a social worker to  
          conduct an assessment of up to two willing relatives that  
          request temporary placement of a child, including a walkthrough  
          of the home, if that child is not placed with a relative at the  
          time of the initial detention hearing. 

           This bill  would require that the social worker shall provide the  
          results of the assessment to the court, parent or guardian, the  








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          child, and the child's attorney, within seven calendar days, and  
          would authorize the child or his or her parent to request a  
          hearing to consider the recommendations of the social worker  
          based on the assessment. If a hearing is requested, this bill  
          would require the court to hold the hearing within 10 days. 

           This bill  would require a county, to the extent possible, to  
          actively assist a person requesting an exemption relating to a  
          criminal background check in locating and obtaining any  
          documents required, as specified.

           This bill  would require the county to complete the assessment  
          process, including any exemptions and waivers, within 30  
          calendar days and would authorize the court to set a hearing to  
          determine why the assessment has not been completed within 30  
          days. 

           This bill  would authorize a court to conduct a hearing to  
          determine if the county has abused its discretion in the event  
          that an exemption or waiver is denied or if any administrative  
          process is not complete within 60 calendar days of the court  
          ordering the county to conduct the assessment.

           This bill  would provide Legislative findings and declarations  
          related to the benefits of placing dependent children with  
          relatives.
                                           
                                       COMMENT
           
           1.Stated need for the bill
           
          According to the author: 
                           
            This bill will address the long delays associated with an  
            inability to complete criminal exemptions for appropriate  
            relatives which result in foster children remaining in  
            shelters or foster homes. By instituting timelines for the  
            process of assessments and waivers, this bill provides  
            dependency court judges the ability to examine the facts that  
            have been gathered within the timeline and move the placement  
            forward if the placement is appropriate and in the best  
            interest of the child.

           2.Would expedite the court's ability to safely place foster  








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            youth in the homes of relatives
           
          This bill is the result of stakeholder meetings and discussions  
          the author has conducted with interested groups over the past  
          several years. In these discussions, dependency judges expressed  
          frustration about delays in placement for children whose family  
          members need to obtain exemptions.  Initially, this bill would  
          have allowed for a court to place a child in the home of a  
          relative prior to an exemption being granted, which, arguably  
          could have placed some children in dangerous situations.  The  
          bill was amended in the Senate Human Services Committee to  
          instead allow courts to hold a hearing to determine whether the  
          county, after failing to timely complete an assessment or when  
          an exemption or a waiver is denied, abused its discretion.  

          This court oversight, combined with the shorter timelines in  
          which the county and court must act under this bill, ensures  
          that the process of approving relative homes will be expedited.   
          The Children's Law Center of California, sponsor, writes, "too  
          often we see our clients lingering in foster homes, congregate  
          care settings or shelters for extended periods of time, even  
          after an appropriate relative has requested placement." The  
          Juvenile Court Judges of California, also a sponsor of the bill,  
          argue that this bill will ensure that children who have been  
          removed from their parents' homes are placed expediently with  
          appropriate relatives by creating a timeline by which an  
          assessment must occur and specifying a procedure for the court  
          to oversee as necessary the relative assessment and placement  
          process. These important safeguards will help to reduce the  
          re-traumatization of abused and neglected children who enter the  
          foster care system.

           3.Technical amendments to ensure counties are able to comply  
            with the requirements of the bill
           
          The following amendments clarify that the duty to assist a  
          person obtain records for an exemption is only to the extent  
          possible, and would necessarily distinguish the requirements of  
          this bill from family finding duties found elsewhere in the  
          Code.  

            Author's amendments: 

                 Page 7, line 1, strike "requests made by" 








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                 Page 7, line 1, after "relatives" insert "upon an order  
               of the court pursuant to (A)"
                 Page 7, lines 2-3, strike "a response by" 
                 Page 7 lines 3-4, strike "to an additional request made  
               by another relative" and insert "duties pursuant to  
               subdivision (e) of Section 309."
                 Page 10, line 34, strike  "actively"
                 Page 10, line 35, strike "including" and insert "which  
               may include"


           Support :  Advokids; Children's Advocacy Institute; Children Now;  
          Executive Committee of the Family Law Section of the State Bar;  
          Foster Care Counts; John Burton Foundation for Children Without  
          Homes; National Association of Social Workers; Public Counsel  
          Children's Rights Project

           Opposition  :  None known

                                        HISTORY
           
           Source  :  Alliance for Children's Rights; Juvenile Court Judges  
          of California; Children's Law Center of California 

           Related Pending Legislation  :

          SB 1201 (Mitchell, 2016) moves consideration of an exemption for  
          specified crimes into the resource family approval process in  
          the context of other elements, such as the psychosocial  
          assessment, among other changes.

          SB 1336 (Jackson, 2016) would require the juvenile court to  
          consider whether the social worker exercised due diligence in  
          conducting his or her investigation to identify, locate, and  
          notify the child's relatives. 

           Prior Legislation  :

          AB 403 (Stone, Ch. 773, Stats. 2015) enacted the continuum of  
          care reform.
          AB 1761 (Hall, Ch. 765, Stats. 2014) expanded the placement  
          preference language for  relatives and NREFM from being a  
          priority prior to the detention hearing to also being a priority  
          after the detention hearing and prior to the dispositional  








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          hearing.

           Prior Vote  :

          Senate Human Services Committee (Ayes 4, Noes 0)

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