BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  August 3, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          SB 942  
          (Liu) - As Amended August 1, 2016


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          |Policy       |Judiciary                      |Vote:|10 - 0       |
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          |             |Human Services                 |     |7 - 0        |
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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:


          This bill requires an early assessment of a relative's home for  
          placement of a dependent child, provides for court oversight if  
          that early assessment does not occur in a timely manner, as  
          specified, and requires county welfare agencies to assist  
          persons filing for criminal records exemptions with locating  
          pertinent documents.  Specifically, this bill: 









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          1)Requires the court to order a social worker to conduct an  
            assessment, as specified, of an able and willing relative who  
            is available and requests temporary placement of the child, if  
            the child is not placed with a relative at the time of the  
            initial hearing.


          2)Requires a county welfare agency, to the extent possible, to  
            actively assist a person seeking placement of a dependent  
            child and requesting an exemption relating to a criminal  
            background check result to help the person to locate and  
            obtain any documents required, including having a social  
            worker contact any other government entity directly to obtain  
            any required arrest reports or court dispositions.


          3)Requires a county welfare agency to complete the assessment  
            process, including any exemptions and waivers, within 30  
            calendar days. Permits the court, if the assessment process is  
            not complete within 60 calendar days, or an exemption or  
            waiver is denied, to conduct a hearing to determine if the  
            county has abused its discretion.


          FISCAL EFFECT:


          1)Potentially major increase in social worker workload,  
            potentially in the millions of dollars (GF*) annually to meet  
            the specified timeframes to complete in-home assessments,  
            background checks, exemptions, and document assistance, as  
            well as reporting to the court and participation at additional  
            court hearings.


          2)Unknown, but potentially significant increase in state court  
            costs (GF) to conduct additional hearings.









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          3)Minor workload increase (special fund) to the Department of  
            Justice (DOJ) to complete background checks, to be reimbursed  
            through fees.


            *Proposition 30:  Exempts the State from mandate reimbursement  
            for realigned responsibilities for "public safety services"  
            including the provision of child welfare services, however,  
            legislation enacted after September 30, 2012, that has an  
            overall effect of increasing the costs already borne by a  
            local agency for public safety services apply to local  
            agencies only to the extent that the State provides annual  
            funding for the cost increase.  The provisions of Proposition  
            30 have not been interpreted through the formal court process  
            to date, however, to the extent the local agency costs  
            resulting from this measure are determined to be applicable  
            under the provisions of Proposition 30, could result in  
            additional costs to the State.


          COMMENTS:


          1)Purpose.  According to the author, "Placement with a relative  
            is generally the best and preferred option for children who  
            cannot safely reside with their parents.  The advantages of  
            relative placements are well recognized in law and policy.   
            Residing in the home of a loving and familiar relative can  
            reduce the trauma of foster care and provide greater  
            stability, increased contact with birth parents, a higher  
            likelihood of placement with siblings, and ongoing connections  
            to extended family and cultural heritage.  Yet, in spite of  
            current law, too many of California's foster children remain  
            in shelters or foster homes for extended periods of time even  
            after an appropriate relative has requested placement.   
            Postponements of relative placements are often the result of  
            unwarranted delays in the assessment process or in securing  
            required exemptions for past criminal history while the  








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            children languish in foster or congregate care.  Unwarranted  
            delays further traumatize children when they begin to bond  
            with a caregiver when delays have finally been resolved.  This  
            bill ensures that children who have been removed from their  
            parents' homes are placed expediently with appropriate  
            relatives by:  (1) creating timelines for court ordered  
            assessment of relatives and (2) specifying a procedure for the  
            court to oversee as necessary the relative assessment and  
            placement process."
          2)Background. Historically, it has been the policy of California  
            that when a child is removed from his or her parents' custody,  
            preserving familial ties is of the utmost importance.  As  
            such, social workers and county welfare agencies are often  
            tasked with finding appropriate placements with relative  
            caregivers, including another parent, grandparents, siblings  
            or non-relative extended family members (NREFM).  Recent  
            policy changes through Continuum of Care Reform (CCR) have  
            highlighted the importance of relative caregivers and  
            placement with relatives when a child is placed in the child  
            welfare system and steps have been taken to ensure that the  
            unique needs of relative caregivers are addressed.


            Current law requires that, prior to placing a child in the  
            home of a relative or any other caregiver, the social worker  
            must visit the home in order to assess the appropriateness of  
            the placement, as well as run a criminal records check on all  
            persons over the age of 18 living in the home.  If a criminal  
            record check shows that a person has been convicted of a crime  
            for which an exemption is not offered, the social worker is  
            unable to place the child in that home.  Currently, exemptions  
            are not offered for crimes such as rape, sex offenses, murder,  
            or fiscal malfeasance.  If a person was convicted of a crime  
            for which an exemption is offered, DSS is required to process  
            an exemption only if requested by the applicant.  Federal and  
            state law require a county to do a thorough investigation and  
            evaluation of the applicant.  The process is often cumbersome  
            and requires the use and review of original case documents,  
            which can be difficult to obtain from the original  








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            jurisdiction in which the crime was committed. 


          3)Current Legislation.  This bill works in collaboration with  
            two other bills being considered by the Legislature this  
            session. 



             a)   SB 316 (Mitchell), pending in the Assembly Rules  
               Committee,  clarifies and simplifies rules for criminal  
               background checks for foster care placements and makes the  
               rules consistent with federal law. That bill is similar to  
               SB 1201 (Mitchell) which was held on the Senate  
               Appropriation Committee's Suspense File earlier this year.
          


             b)   SB 1336 (Jackson), pending referral to this Committee,  
               consistent with case law, requires child welfare agencies  
               to consider willing relatives even when a new foster care  
               placement is not required, and requires the court to  
               consider whether social workers have exercised due  
               diligence in conducting their investigation to identify,  
               locate, and notify the foster children's relatives. 
            


          1)Prior Legislation. AB 1761 (Hall), Chap. 765, Stats. 2014,  
            clarified that the placement priority for relatives and NREFM  
            applies both prior to the detention hearing and also after the  
            detention hearing and prior to the dispositional hearing.
          


          Analysis Prepared by:Jennifer Swenson / APPR. / (916)  
          319-2081










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