BILL ANALYSIS Ó SB 942 Page 1 Date of Hearing: August 3, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair SB 942 (Liu) - As Amended August 1, 2016 ----------------------------------------------------------------- |Policy |Judiciary |Vote:|10 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | |Human Services | |7 - 0 | | | | | | | | | | | ----------------------------------------------------------------- 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: SB 942 Page 2 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. SB 942 Page 3 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 SB 942 Page 4 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 SB 942 Page 5 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 SB 942 Page 6