BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 1056 (Liu) - Juveniles: family reunification ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 19, 2016 |Policy Vote: HUMAN S. 4 - 0, | | | JUD. 6 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 16, 2016 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: SB 1056 would increase the provision of family reunification and family preservation services, as follows: Adds parental homelessness and minor status to the considerations the court must take into account when deciding whether to provide or extend family reunification services. Mandates the court to order reunification services for a minor parent unless it is determined by clear and convincing evidence those services would be detrimental to the child. Provides that if a parent is in substantial compliance with the court-ordered case plan and lack of housing is the sole impediment to family reunification, the court may order the child be returned to the parent's physical custody within five days after the parent has secured safe and adequate housing, as specified. Authorizes the court to order a county to assist a family in maintaining housing with referral to, and coordination of, supportive services. Adds housing and supportive services for homeless parents of SB 1056 (Liu) Page 1 of ? dependent children, as specified, to the types of services that may be provided under family preservation services. Authorizes participating counties to use, in addition to any available county funds through federal Title IV-E of the Social Security Act, any other available waiver funds to assist parents in securing appropriate housing and supportive services. Fiscal Impact: Mandated reunification services : Potentially significant increase in child welfare services costs potentially in the range of $475,000 (General Fund*/Federal Funds) annually to provide reunification services for 12 months for minor parents, assuming 50 percent of 100 minor parents are currently provided with these services. This estimate assumes reunification services costs of $790 per month per case. Extended reunification services : Potentially major increase in child welfare services costs in the millions to tens of millions of dollars (General Fund*/Federal Funds) for the extension of reunification services ranging from six to 18 months for specified minor parent, and to a greater extent, homeless parent cases. While the number of potentially applicable cases is unknown, the CalWORKs Homeless Assistance Program (HAP) reviewed nearly 45,800 applications in Calendar Year 2015 and approved 38,300 applications in that same year. For every 10 percent of denied applications (750 cases) that may have been approved for HAP had reunification services been extended and lack of housing was the sole impediment to reunification, annual costs would be in the range of $3.6 million to $10.7 million annually to provide reunification services for six to 18 months. Social worker activities : Potentially moderate to significant ongoing workload in the low hundreds of thousands of dollars (General Fund*/Federal Funds) annually to (1) document in the case plan the barriers of a minor parent, (2) provide a factual discussion in the supplemental report of whether lack of housing is sole impediment to family reunification, and (3) provide referrals to, and coordination of, supportive services. Costs would be dependent on the number of cases and the time spent providing the additional services per case, which is unknown. Permanent placement/Family preservation services : Potentially SB 1056 (Liu) Page 2 of ? significant increase in child welfare services costs (General Fund*/Federal Funds) to add housing and supportive services for homeless parents of dependent children to the types of services provided under family preservation services. Additionally, potential increase in child welfare services costs for a shift of cases from family reunification to permanent placement status. CalWORKs program : Potentially major increase in ongoing CalWORKs program costs in the millions of dollars (General Fund) annually to the extent the provision of reunification services to a greater number of homeless parents enables more CalWORKs cases to remain open, thereby increasing the number of cases eligible for (1) Homeless Assistance Program (HAP) benefits, a Housing Support Program (HSP) allocation, and (3) Family Stabilization Program intensive case management services. Proposition 30* : Exempts the State from mandate reimbursement for realigned programs, however, legislation that has an overall effect of increasing the costs already borne by a local agency for realigned programs including child welfare services, apply to local agencies only to the extent that the State provides annual funding for the cost increase. Dependency caseload impact : Unknown, potentially major future cost savings in the millions of dollars (Local/General Fund) in reduced time spent in dependent care, including time spent in court hearings, to the extent youth are reunified with their parents sooner than otherwise would occur under existing law. **Trial Court Trust Fund Background: 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 also seeks to ensure that homeless parents are connected with services that will help them secure housing, and would provide the court with a mechanism whereby a child may be reunified with his or her parent soon after the parent secures safe and adequate housing. Proposed Law: SB 1056 (Liu) Page 3 of ? 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. In the case of minor parents, this bill would require the court to order reasonable services unless the court determines, by clear and convincing evidence, those services would be detrimental to the child. Additionally, this bill requires the social worker to document in the child's case plan the particular barriers to a minor parent's access to those court-mandated services and ability to maintain contact with his or her child. 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: Requires 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; Requires 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 Permits the court to order that the child be returned to the parent's physical custody within five days after the parent has secured safe and adequate housing, as confirmed by the county child welfare agency, if lack of housing is the sole impediment to family reunification. Authorizes the court to order the county to assist the family in maintaining housing with referral to, and coordination of, supportive services. This bill requires the social worker to include a factual discussion in each supplemental report to the court indicating whether the parent is in substantial compliance with the case plan and a lack of housing is the sole impediment to family reunification, and the services offered by the county welfare department to assist the parent in securing appropriate housing. SB 1056 (Liu) Page 4 of ? 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 housing and supportive services for homeless parents of dependent children, as specified, to the types of services that may be provided under family preservation services. Further, to the extent permitted by federal law, this bill adds that Title IV-E waiver funds through the Social Security Act may be used for family preservation services. Finally, this bill authorizes participating counties to use, in addition to any available county funds through federal Title IV-E of the Social Security Act, any other available waiver funds to assist parents in securing appropriate housing and supportive services. This bill would provide that the term "homeless" has the same meaning as that term is defined in the federal McKinney-Vento Homeless Assistance Act. 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. Prior Legislation: SB 68 (Liu) Chapter 284/2015 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) Chapter 219/2014 requires 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 1056 (Liu) Page 5 of ? SB 1064 (de Leon) Chapter 845/2012 authorizes 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. -- END --