BILL ANALYSIS Ó
SENATE COMMITTEE ON HUMAN SERVICES
Senator McGuire, Chair
2015 - 2016 Regular
Bill No: SB 1056
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|Author: |Liu |
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|Version: |March 28, 2016 |Hearing |March 29, 2016 |
| | |Date: | |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Mareva Brown |
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Subject: Juveniles: family reunification
SUMMARY
This bill requires 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 child who has been removed into the child welfare system.
The bill also requires the county to return a child to a parent
within five days of securing housing and authorizes the court to
extend the family reunification period if housing is the only
impediment to reunification. It additionally adds parental
homelessness and whether a parent is a minor as considerations
for the court in deciding whether to provide services for an
extended period of time.
ABSTRACT
Existing law:
1) Establishes that any child who has suffered, or is at
risk of suffering, serious physical or emotional harm, as
defined, shall be within the jurisdiction of the juvenile
court which may adjudge that person to be a dependent child
of the court, as specified. (WIC 300)
2) Establishes CDSS as the "single state agency" required
by Title IVB and IVE of the federal Social Security Act to
distribute federal funds and supervise Californias county
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administered child welfare system which includes child
protective services, foster care placement services, and
adoptions services. Requires the st3)ate, through CDSS and
county welfare departments, to establish and support a
public system of child welfare services to protect and
promote the welfare of children. (WIC 10600, WIC 16500)
4) Permits the court to provide services to keep the family
together and to place the child and the child's parent or
guardian under the supervision of the social worker for a
period of 12 months, not to exceed maximum of 18 months in
special circumstances, as defined. (WIC 360 (b), WIC 361.5)
5) Requires the status of every dependent child in foster
care to be reviewed periodically as determined by the court
but no less frequently than once every six months, as
defined. Requires the court to consider the safety of the
child, need for continued out-of-home placement and other
factors. (WIC 366, WIC 366.1)
6) Requires the court at the review hearing held six months
after the initial dispositional hearing, but no later than
12 months after the date the child entered foster care, as
defined, to order the return of the child to the physical
custody of his or her parent or legal guardian unless the
court finds, by a preponderance of the evidence, that the
return of the child to his or her parent or legal guardian
would create a substantial risk of detriment to the safety,
protection, or physical or emotional well-being of the
child. The social worker shall have the burden of
establishing that detriment. Requires the court to consider
whether the parent participated in court-ordered services,
to consider any particular barriers a parent may have and
to consider the failure of the parent or legal guardian to
participate regularly and make substantive progress in
court-ordered treatment programs to be prima facie evidence
that return would be detrimental. (WIC 366.21(e) (1))
7) Permits a court to grant a six-month extension for a
permanency review hearing, provided that the hearing shall
occur within 18 months of a child's original removal from
parental custody, if the parent has been arrested and
issued an immigration hold, detained by the United States
Department of Homeland Security, or deported to his or her
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country of origin, and the court determines either that
there is a substantial probability that the child will be
returned to the physical custody of his or her parent or
legal guardian and safely maintained in the home within the
extended period of time or that reasonable services have
not been provided to the parent or legal guardian. (WIC
366.21 (g)(2))
8) Permits a court to grant a subsequent six-month
extension if the best interests of the child would be met
by the provision of additional reunification services and
the parent has made significant and consistent progress in
the prior 18 months in resolving problems that led to the
child's removal from the home, as specified. (WIC 366.22)
9) States Legislative intent to use the strengths of
families and communities to serve the needs of children who
are alleged to be abused or neglected and encourage speedy
reunification of families when it can be safely
accomplished, to reduce the length of stay in out-of-home
care and hasten reunification when it can be safely
accomplished. (WIC 16500.1)
10) Establishes a family preservation program and encourages
the use of counseling, mental health treatment and
substance abuse treatment services, including treatment at
a residential substance abuse treatment facility that
accepts families, parenting, respite, day treatment,
transportation, homemaking, and family support services to
maintain a family that is identified as being at-risk by
the child welfare system. (WIC 16500.5)
11) Creates in federal statute a program to provide housing
assistance may be made available to low income families, as
defined. (Section 553 of the Cranston-Gonzalez National
Affordable Housing Act (P.L. 101-625))
12) Establishes in state statute the Section 8 housing
certificate program to assist families of children in the
child welfare system with a goal to assist in the
reunification of children with their families when housing
remains a problem. (WIC 16517)
This bill:
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1) Adds parental homelessness and being a minor parent to
the existing list of circumstances that a court can use to
extend the time period for a family to receive
reunification services for a child that has been removed
from custody.
2) Adds to the requirement that a court provide reasonable
services and consider the special circumstances of an
parent who is incarcerated, institutionalized, detained by
the US Department of Homeland Security or deported, the
requirement to include a minor parent in that special
consideration. Additionally adds minor parents to the
requirement the court shall consider the particular
barriers to an incarcerated, institutionalized, detained,
or deported parent's access to those court-mandated
services and ability to maintain contact with his or her
child, and to document this information in the child's case
plan.
3) Requires a social worker's regular "supplemental"
reports to the court to identify what services were offered
by the county welfare department to assist the parent in
securing appropriate housing, if the parent is in
substantial compliance with the case plan and a lack of
housing is the sole impediment to family reunification.
4) Adds parental homelessness to the existing list of
considerations for a court deciding whether to grant an
extension of services to the family of during the child's
six-month status hearing and 12-month permanency hearings,
and subsequent 18- and 24-month permanency review hearings:
a. 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.
b. Requires the court, in making its
determination, to review and consider the services
provided by the county, and the efforts, progress, or
both demonstrated by the parent, and the extent to
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which he or she availed himself or herself of services
provided, taking into account the particular barriers
to a homeless parent's access to those services and
ability to maintain contact with his or her child. If
the 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 that the child be returned to the parent's
physical custody within five days after the parent has
secured appropriate housing and order supportive
services for the family to assist the family in
maintaining housing.
c. Defines appropriate housing to include, but
not be limited to, housing provided through rapid
rehousing, transitional or permanent housing programs,
and funded by federal, state or county sources, or
through various nonprofit organizations.
5) Adds to the list of circumstances a court may use in
deciding whether to set or extend a child's permanency
review hearing, whether a parent is homeless, and permits a
court to consider if the parent has barriers to maintaining
contact with the child due to homelessness when deciding if
a parent has met the criteria of consistent and regular
contact with the child. Requires a court to consider such
barriers if the parent is homeless or a minor parent and
has not maintained contact, and the court is considering
setting a permanency hearing within 120 days.
6) Adds to the list of reasons that a court may permit
services to the parents to be continued beyond the initial
12 months that a parent is homeless or a minor, providing
the homeless or minor parent has made regular contact with
the child, and has met other conditions, as specified.
7) Adds to codified Legislative intent language in WIC
16500.1 that identifies approaches to improve the
experiences of children in out-of-home care the intent to
reduce the length of stay in out-of-home care and hasten
reunification when it can be safely accomplished and lack
of housing is the only impediment to reunification.
8) Directs the state to encourage development of housing
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and supportive services to parents who are in substantial
compliance with their case plan and lack of housing is the
only impediment to family reunification.
9) Adds to the types of services that may be provided under
family preservation plan housing and supportive services
for homeless parents of dependent children removed from the
physical custody of their parents or guardians if the
parent or guardian is in substantial compliance with their
case plan and lack of housing is the sole impediment to
reunification.
10) Adds to Legislative intent language in the existing
Section 8 housing program (WIC 16517) the intent that the
program will assist parents in securing appropriate housing
and supportive services in order to reduce foster
children's length of stay in out-of-home care and hasten
reunification for foster children and their families when a
lack of housing is the sole impediment to reunification.
FISCAL IMPACT
This bill has not been analyzed by a fiscal committee.
BACKGROUND AND DISCUSSION
Purpose of the bill:
According to the author, this bill seeks to fix a Catch 22 that
many families face when a child is placed into the child welfare
system, resulting in a loss of eligibility for family housing
under the CalWORKs program. Homeless parents who do not have
custody of their children are ineligible to receive public
assistance to obtain family housing, yet, the lack of housing
prevents parents from reunifying with their children. This bill
requires juvenile courts to consider the special circumstances
of homeless parents during periodic review hearings and in
determining whether to extend court-ordered services in order to
reunify the family.
Background:
Child Welfare System
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California's child welfare system protects children at risk of
child abuse and neglect or exploitation through an integrated
service system. It provides intensive services to families
focused on establishing sufficient child safety, permanency and
well-being to allow families to stay together in their own
homes. However, if county social workers, through the oversight
of local juvenile courts, determine that out-of-home placement
is the only safe option for a child, the child welfare agency
arranges for and monitors temporary or permanent placement of
the child in the safest and least restrictive environment
possible.
Approximately 62,600 children were in the custody of the child
welfare system in California as of October 1, 2015, according to
data produced by UC Berkeley's Child Welfare Indicators
website.<1> Some 22,000 of those children - or roughly 35
percent - were placed with relatives, according to the same
report. Data released with the Governor's budget in January 2016
indicates average monthly child welfare caseloads of 45,000,
with an anticipated increase in coming months.
Numerous national studies have documented the poor outcomes of
children and youth who are removed from their homes into the
child welfare system. They have increased rates of chronic
health problems, developmental delays and disabilities, mental
health needs, and substance abuse problems, according to a 2013
report by the Children's Aid Society and the Community Service
Society entitled "Foster Care and Disaffected Youth: A Way
Forward for New York." <2> Many youth have experienced traumatic
events that lead to symptoms such as depression, behavior
problems, hypersensitivity, and emotional difficulties. Being
removed from one's home is, in itself, a traumatic event,
leading to the loss of and separation from family, friends, and
neighbors.
Homeless families
The federal McKinney-Vento Homeless Assistance Act, provides
federal funding for local homeless assistance projects, and is
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<1>http://cssr.berkeley.edu/ucb_childwelfare
<2>
http://www.childrensaidsociety.org/files/upload-docs/report_final
_April_2.pdf
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cited in California Education Code as the definition to consider
when identifying a child as homeless. Other federal definitions
are narrower.
The Act includes the following definition (42 USC § 11302):
(1) an individual or family who lacks a fixed, regular, and
adequate nighttime residence;
(2) an individual or family with a primary nighttime residence
that is a public or private place not designed for or ordinarily
used as a regular sleeping accommodation for human beings,
including a car, park, abandoned building, bus or train station,
airport, or camping ground;
(3) an individual or family living in a supervised publicly or
privately operated shelter designated to provide temporary
living arrangements (including hotels and motels paid for by
Federal, State, or local government programs for low-income
individuals or by charitable organizations, congregate shelters,
and transitional housing);
(4) an individual who resided in a shelter or place not meant
for human habitation and who is exiting an institution where he
or she temporarily resided;
(5) an individual or family who-
(A) will imminently lose their housing, including housing
they own, rent, or live in without paying rent, are sharing
with others, and rooms in hotels or motels not paid for by
Federal, State, or local government programs for low-income
individuals or by charitable organizations, as evidenced
by-
(i) a court order resulting from an eviction action
that notifies the individual or family that they must
leave within 14 days;
(ii) the individual or family having a primary
nighttime residence that is a room in a hotel or motel
and where they lack the resources necessary to reside
there for more than 14 days; or
(iii) credible evidence indicating that the owner or
renter of the housing will not allow the individual or
family to stay for more than 14 days, and any oral
statement from an individual or family seeking
homeless assistance that is found to be credible shall
be considered credible evidence for purposes of this
clause;
(B) has no subsequent residence identified; and
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(C) lacks the resources or support networks needed to
obtain other permanent housing; and
(6) unaccompanied youth and homeless families with children and
youth defined as homeless under other Federal statutes who-
(A) have experienced a long term period without living
independently in permanent housing,
(B) have experienced persistent instability as measured by
frequent moves over such period, and
(C) can be expected to continue in such status for an
extended period of time because of chronic disabilities,
chronic physical health or mental health conditions,
substance addiction, histories of domestic violence or
childhood abuse, the presence of a child or youth with a
disability, or multiple barriers to employment.
Under this description, 2.5 million children are homeless each
year in America, or one in every 30 children in the United
States, according to a 2014 report by the American Institutes
for Research. Child homelessness increased in 31states and the
District of Columbia from 2012 to 2013. <3>
The U.S. Department of Housing and Urban Development (US HUD)
uses narrower criteria of homelessness, defining sheltered
homeless people as only those who are staying in emergency
shelters, transitional housing programs, or safe havens.
According to US HUD's November 2015 homeless county, homeless
families with children were 36 percent of the overall homeless
population, or more than 200,000 people. US HUD reports that
homelessness among families with children declined 5 percent
between 2014 and 2015. About 1 in 15 were chronically homeless.
According to data compiled by Los Angeles County's Department of
Public Social Services, the number of families on CalWORKs
experiencing homelessness has grown exponentially through and
since the Great Recession.
Los
Angeles County Department of Public Social Services, 2015
Families Coming Home Together
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<3> "America's Youngest Outcasts: A Report Card on Child
Homelessness," American Institutes for Research, 2014
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In response to growing homelessness in Los Angeles County, the
courts, Department of Children and Family Services, dependency
attorneys, LA Community Development Commission and others
launched Families Coming Home Together. The initiative was
funded by the First 5 Commission and focused on 25 families
identified by the Department of Children and Family Services
which were provided rapid rehousing services, including case
management, help in locating a home, security deposit, move-in
costs and short- to medium-term rental subsidies. To date, the
program has reunified 18 families with 60 total children. Data
provided by the sponsor, the LA Dependency Lawyers, indicates 85
to 95 percent retention after one year and startup costs of
$8,000 to $15,000 per family. This bill intends to provide
ongoing sources of funding for this and similar programs.
Related legislation:
SB 68 (Liu, Chapter 284, Statutes of 2015) requires the juvenile
court in evaluating whether to return a child that has been
placed in the custody of the foster care system to take into
account the particular barriers to a minor parent or a nonminor
dependent parent.
COMMENTS
1. The Welfare and Institutions Code does not reference a
specific definition of homelessness, however this bill
makes the issue relevant. Staff recommends the author
consider adding this definition to the bill, whether it is
the McKinney Vento definition (42 USC § 11302), or other
appropriate definition.
2. To more accurately reflect the coordination between the
county social worker and the housing nonprofit
organizations that frequently are engaged in the process of
housing a homeless family, staff recommends adding the
following language in the following sections:
WIC 366.21 (e) (1) and (f) (1) (D); WIC 366.22. (a)(1); WIC
366.25 (a) (1);
The court shall also consider whether the parent is in
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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. In
making its determination, the court shall 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, taking
into account the particular barriers to a homeless parent's
access to those services and ability to maintain contact
with his or her child. If the 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 that the child be returned to the parent's
physical custody within five days after the parent has
secured appropriate housing.
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POSITIONS
Support:
Los Angeles Dependency Lawyers (Sponsor)
County Welfare Directors Association of California
Hillsides
Judicial Council of California
Oppose:
None received.
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