BILL ANALYSIS                                                                                                                                                                                                    Ó



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


          SB 1056 (Liu)
          Version: March 31, 2016
          Hearing Date:  April 12, 2016
          Fiscal: Yes
          Urgency: No
          NR   


                                        SUBJECT
                                           
                          Juveniles:  family reunification

                                      DESCRIPTION  


          This bill would require the court to consider whether lack of  
          housing is the sole impediment to family reunification, and if  
          the child can be returned to the parent upon the parent securing  
          appropriate housing.  If the parent is in substantial compliance  
          with the court-ordered case plan and lack of housing is the sole  
          impediment to family reunification, this bill would authorize  
          the court to order that the child be returned to the parent's  
          physical custody within five days after the parent has secured  
          appropriate housing.

          This bill would also add parental homelessness and minor status  
          to the considerations the court must take into account when  
          deciding whether to provide family reunification services, as  
          specified. This bill would additionally require a county to  
          report what services it offers to assist a parent in securing  
          appropriate housing, if a parent's lack of housing is the sole  
          impediment to reunifying the parent with a dependent child. 

                                      BACKGROUND  

          Economic security and safe, stable, and affordable housing are  
          critical to the wellbeing of children. Research shows a link  
          between poverty, homelessness or substandard housing, and  
          involvement with the child welfare system. (Courtney, McMurtry,  
          and Zinn (2004) Housing Problems Experienced by Recipients of  
          Child Welfare Services, Child Welfare, 83, 389-392.) Families  
          with children are confronting harsh economic realities - high  
          rates of unemployment and underemployment, scarce availability  
          of jobs, limited support networks, and a shortage of affordable  







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          housing options.  Thousands of homeless children are at risk of  
          entering the child welfare system because of their family's  
          inability to provide adequate housing.  In addition, many  
          parents become homeless when housing assistance provided by  
          CalWORKs is lost due to the removal of their child by the court.  
           Some studies show that as many as 30 percent of all dependent  
          children could be reunited with their parents if their parents  
          had access to safe housing. (Y.A. Doerre, 1996 Home Sweet Home,  
          Washington DC: Children's Welfare League of American Press.) The  
          child welfare system seeks to ensure the safety and protection  
          of children who have been removed from the custody of their  
          parents, and where possible, preserve and strengthen families  
          through visitation and family reunification.  

          Over the years, the Legislature has enacted a number of laws  
          which require the court to take into consideration specific  
          circumstances that present a barrier to family reunification  
          when trying to create a permanency plan for a child.  AB 2070  
          (Bass, Ch. 482, Stats. 2008) required courts to assess, among  
          other factors, the particular barriers to accessing  
          court-mandated services for institutionalized and incarcerated  
          parents. Similarly, SB 977 (Liu, Ch. 219, Stats. 2014) required  
          the court to consider whether a child can be returned to the  
          custody of his or her parent in a certified substance abuse  
          treatment facility. Last year, SB 68 (Liu, Ch. 284, Stats. 2015)  
          addressed some of the particular barriers facing minor parents  
          whose children are in foster care. 

          Similarly, this bill seeks to address the issues related to  
          family reunification and homelessness, and would require the  
          court to consider a parent's homeless status, if the parent is  
          otherwise in compliance with the court-ordered case plan.  This  
          bill would also help ensure that homeless parents are connected  
          with services that will help them secure housing, and would  
          provide the court with a mechanism whereby they may reunify a  
          child with his or her parent very quickly after the parent  
          secures adequate housing. 

                                CHANGES TO EXISTING LAW
           
           1.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  








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            Sec. 300.)
           
            Existing law  provides that unless certain exceptions apply,  
            the primary objective of the juvenile dependency system is  
            reunification of the minor with his or her family, and the  
            court must order the social worker to provide services to  
            reunify children legally removed from a parent. (Fam. Code  
            Sec. 7950, Welf. & Inst. Code Secs. 202, 300.2, 361.5.)
          
           2.Existing law  provides that children and families in the child  
            welfare system should typically receive a full six months of  
            reunification services if the child is under three years of  
            age, and twelve months if the child is over three years of  
            age.  (Welf. & Inst. Code Sec. 361.5.)
          
             Existing law  allows for court ordered services in pursuit of  
            family reunification to be extended from 12 to 18 or 24  
            months, as specified, for parents who are incarcerated,  
            institutionalized, or ordered into a resident substance abuse  
            program if the court makes particular findings. (Welf. & Inst.  
            Code Sec. 361.5(a)(3)-(4).) 

             Existing law  requires the court to consider at several points  
            during the dependency hearings after removal of the child from  
            the home, and in certain circumstances the social worker to  
            document, the special circumstances of parents who are minor  
            or non-minor dependent parents, parents who are incarcerated,  
            institutionalized, detained, deported, or court-ordered to  
            residential substance abuse treatment, including barriers to  
            service access and to maintaining contact with the child, and  
            the parent's significant and consistent progress in  
            establishing a safe home for the child's return. (Welf. &  
            Inst. Code Secs. 366.21, 366.22, and 366.25.)

             This bill  would add homelessness and minor status to the list  
            of reasons that a court may extend reunification services  
            beyond the initial 12 months, provided that the homeless or  
            minor parent has made regular contact with the child, and has  
            met other conditions, as specified.

             This bill  would also add parental homelessness to the existing  
            list of considerations for a court deciding whether to grant  
            an extension of services to the family during status,  
            permanency, and review hearings.  Specifically, this bill  








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            would:
                     require the court to consider whether the parent is  
                 in substantial compliance with the court-ordered case  
                 plan, whether lack of housing is the sole impediment to  
                 family reunification, and whether the child can be  
                 returned to the parent upon the parent securing  
                 appropriate housing;
                     require the court, in making its determination, to  
                 review and consider the referral and coordination of  
                 services provided by the county, and the efforts,  
                 progress, or both demonstrated by the parent, and the  
                 extent to which he or she availed himself or herself of  
                 services provided, as specified; and
                     permit the court to order that the child be returned  
                 to the parent's physical custody within five days after  
                 the parent has secured appropriate housing, if lack of  
                 housing is the sole impediment to family reunification. 

           1.This bill  would define appropriate housing to include housing  
            provided through rapid rehousing, transitional or permanent  
            housing programs, and funded by federal, state or county  
            sources, or through various nonprofit organizations.
          
             This bill  would add supportive services for homeless parents  
            of dependent children, as specified, to the types of services  
            that may be provided under family preservation services. 
           
            This bill  would also state the legislative intent to reduce  
            the length of stay in out-of-home care and hasten  
            reunification when it can be safely accomplished, and the  
            intent to provide housing and supportive services to parents  
            who are in substantial compliance with their case plans, and  
            make other conforming changes.
          
                                        COMMENT
           
           1.Stated need for the bill
           
          According to the author: 

            Many parents have become homeless when housing assistance  
            provided by CalWORKs is lost due to the removal of their child  
            by the juvenile court system. Under existing law, homeless  
            parents who do not have physical custody of their children are  








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            not eligible to receive public assistance to obtain family  
            housing. In turn, this lack of assistance in securing housing  
            prevents parents from reunifying with their children, and  
            counties then shoulder the financial costs associated with  
            placing these children in the foster care system.               
                                                                            
                                                                            
                                                                            
                                                                            
                                                                            
                             

           2.Requiring courts to consider barriers unique to homeless  
            parents
           
          Akin to the considerations a court must take into account when  
          determining whether to return a child to a parent or ordering  
          reunification services for incarcerated, institutionalized,  
          deported or detained parents, and minor or nonminor dependent  
          parents, this bill would require the court to consider a  
          parent's homelessness status, as long as he or she is in  
          substantial compliance with the court-ordered case plan.   
          Similar to the policy consideration of whether a parent and  
          child should be forever separated based on a parent's inability  
          to participate in reunification services while incarcerated,  
          this bill would appropriately require the court to consider  
          whether a child would be best served by being placed with a  
          parent once that parent is able to establish adequate housing.   
          Further, this bill would place additional duties on the county  
          to help homeless parents coordinate and secure decent housing.   
          In support, Hillsides, a nonprofit child welfare provider,  
          writes: 

            While the foster care system plays a critical role in ensuring  
            the protection and care of vulnerable children, state and  
            federal law has established that the goal of the system should  
            be to provide the services needed to reunify families that  
            have been separated whenever, and as soon as, it is possible  
            to do so safely.  As such, provided parents have been in  
            compliance with their case plan and completed all of the  
            necessary steps to be reunified with their children, counties  
            should ensure that factors outside the control of the  
            families-including poverty and a lack of stable housing-are  
            being addressed through a robust social service system. 








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           Staff notes that this bill does not define "homelessness," which  
          may present a problem for the courts that would be required to  
          evaluate the homelessness status of a parent at a hearing.   
          Therefore, in order to help ensure courts are making consistent  
          orders, the author may wish to define "homelessness" for the  
          purposes of this bill.  There are two federal definitions which  
          we commonly refer to in state laws, the McKinney-Vento  
          definition and the U.S. Department of Housing and Urban  
          Development (HUD) definition.  The McKinney-Vento definition is  
          substantially broader than the HUD definition, and would  
          therefore provide additional protections, in the form of  
          extended timelines and services, to parents and families in  
          vulnerable housing situations.   

             Author's amendment: 
             
            Define "homelessness" in the Welfare & Institutions Code by  
            reference to the federal  McKinney-Vento Homeless Assistance  
            Act of 1987 (42 U.S.C. Sec. 11302).

           3.A child need not be placed in a parent's custody during  
            reunification services

           A good faith plan for reunifying the child with his or her  
          parents is required by statute and by due process.  In addition,  
          the approach taken to reunify the child with his or her family  
          should not be mechanical; instead, a reunification plan "must be  
          appropriate for each family and be based on the unique facts  
          relating to that family." (In re Dino E. (1992) 6 Cal. 4th 1768,  
          1777.)  An appropriate plan will contain time frames and time  
          limits that suit the circumstances.  For example, not every  
          parent needs a full-time drug program, or 52 weeks of domestic  
          violence classes, or a parenting class. Visitation, however, is  
          a vital component of reunification, and must typically be  
          provided if the child is placed in foster care after the  
          dispositional hearing and the court provides the parent with  
          reunification services.   (In re Alvin R. Jr. (2003) 108 Cal.  
          4th 962, 972.) 

          Accordingly, the fact that reunification services are ordered or  
          extended does not necessarily mean that the child will be  
          returned to the custody of the parent before the parent has  
          secured adequate housing. The court has routinely emphasized  








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          that compliance with the case plan and the ordering of  
          reunification services is a different issue than the child's  
          best interest, which is always the court's primary focus and  
          what it looks to when determining whether to return a child to  
          the parent's custody. (See In re Jacob P. (2007) 157 Cal. 4th  
          819; Constance K. v. Superior Court (1998) 61 Cal. 4th 689, 704;  
          and Blanca P. v. Superior Court (1996) 45 Cal. 4th 1738, 1748.)   
          This bill would appropriately permit a court to extend  
          reunification services (i.e., visitation) between a parent and  
          child while that parent works to secure housing.  In addition,  
          because courts would only be able to extend timelines for  
          homeless parents who are otherwise in substantial compliance  
          with the court-ordered case plan, this bill would appropriately  
          only benefit families with parents that are making consistent  
          and substantial progress towards reunification. 

          Staff notes that as drafted, the bill could arguably allow the  
          court to place a child in a home after a parent, who is in  
          compliance with the court-ordered case plan and housing is the  
          sole impediment to reunification, claims to have secured  
          appropriate housing.  The California Welfare Directors  
          Association writes that they would support this bill if amended  
          to specify that "the five day timeframe be counted from the date  
          the county verifies that the housing secured by the parent is  
          safe and adequate."  The following amendment would clarify that  
          the court may only place a child in the home after the county  
          child welfare agency has confirmed that the parent has indeed  
          secured safe and adequate housing, and would add consistency by  
          clarifying that the county may coordinate supportive services  
          for families in maintaining housing. 


          Author's amendment: 

                 Page 21, line 30, strike "appropriate" and insert "safe  
               and adequate"
                 Page 21, line 30, after "housing" insert ", as confirmed  
               by the county child welfare agency,"
                 Page 21, strike line 31 and insert "and may order the  
               county to assist the family in maintaining housing with  
               referral to and coordination of supportive services."
                 Page 21, line 32, strike "maintain housing."  










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           Support  :  Hillsides; Juvenile Court Judges of California; 

           Opposition  :  None known
           

                                       HISTORY
           
           Source  :  Los Angeles Dependency Lawyers 

           Related Pending Legislation  :  None known

           Prior Legislation  :

          SB 68 (Liu, Ch. 284, Stats. 2015) requires the juvenile court,  
          in evaluating whether to return a dependent child to a parent,  
          to take into account the particular barriers to a minor parent  
          or a nonminor dependent parent.

          SB 977 (Liu, Ch. 219, Stats. 2014) required social workers to  
          include in each social study, evaluation, and supplemental  
          report a factual discussion of whether a child can be returned  
          to the custody of his/her parent who is enrolled in a certified  
          substance abuse treatment facility, and required the court to  
          consider whether a child can be returned to the custody of  
          his/her parent in these situations, as specified.

          SB 1064 (De León, Ch. 845, Stats. 2012) authorized the court to  
          extend the review hearing periods for reunification following  
          consideration of a parent's ability to comply with court ordered  
          services where a child has been removed from the custody of a  
          parent and the parent has been arrested and issued an  
          immigration hold, detained, or deported to his or her country of  
          origin.

          AB 2070 (Bass, Ch. 482, Stats. of 2008) required that courts  
          take into consideration, among other factors, the particular  
          barriers to accessing court-mandated services for  
          institutionalized and incarcerated parents. 

           Prior Vote  :  Senate Human Services Committee (Ayes 4, Noes 0)

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