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 SB 1056 (Liu) Page 2 of ? 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 SB 1056 (Liu) Page 3 of ? 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 SB 1056 (Liu) Page 4 of ? 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 SB 1056 (Liu) Page 5 of ? 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. SB 1056 (Liu) Page 6 of ? 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 SB 1056 (Liu) Page 7 of ? 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." SB 1056 (Liu) Page 8 of ? 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) ************** SB 1056 (Liu) Page 9 of ?