BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 1056 (Liu) - Juveniles:  family reunification
          
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          |Version: April 19, 2016         |Policy Vote: HUMAN S. 4 - 0,    |
          |                                |          JUD. 6 - 0            |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: May 16, 2016      |Consultant: Jolie Onodera       |
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          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  







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            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  








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            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:  








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           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.








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          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.










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          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. 




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