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 SB 942 (Liu) Page 2 of ? 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 SB 942 (Liu) Page 3 of ? 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 SB 942 (Liu) Page 4 of ? 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 SB 942 (Liu) Page 5 of ? 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" SB 942 (Liu) Page 6 of ? 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 SB 942 (Liu) Page 7 of ? hearing. Prior Vote : Senate Human Services Committee (Ayes 4, Noes 0) **************