BILL ANALYSIS                                                                                                                                                                                                    



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

          SB 1060 (Leno) - Postadoption contact:  siblings of dependent  
          children
          
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          |Version: April 19, 2016         |Policy Vote: JUD. 6 - 0         |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: May 27, 2016      |Consultant: Jolie Onodera       |
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          Bill  
          Summary:  SB 1060 would require a court in an adoption  
          proceeding for a dependent child to order the convening of a  
          child and family team (CFT) meeting, unless otherwise specified  
          by the court, regarding postadoptive contact with the siblings  
          of the child. This bill would require the court to additionally  
          include in its order for permanent placement of a ward of the  
          juvenile court, a specification of the nature and frequency of  
          visiting arrangements with siblings of the ward.


          *********** ANALYSIS ADDENDUM - SUSPENSE FILE ***********
             The following information is revised to reflect amendments 
                      adopted by the committee on May 27, 2016




          Fiscal  
          Impact:  
            Team meetings  :  Potentially significant increase in state  
            costs (General Fund*) for additional meetings to the extent  







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            the meetings consist of CFT members. Estimated costs assuming  
            only 50 percent of the 6,400 annual dependent adoptions  
            require a CFT meeting could cost in the range of $850,000 to  
            over $1.7 million annually based on the average duration of  
            3.7 hours per CFT meeting and the attendance of one or two  
            local agency representatives. These costs do not include any  
            additional time CFT members may incur to identify and notify  
            non-dependent siblings to coordinate these meetings. Actual  
            costs could be substantially higher to the extent the  
            proportion of dependents with siblings is higher than assumed  
            above, or more than two CFT members representing local  
            agencies are in attendance at the meeting.  
            Sibling visitation  :  Potentially significant increase in state  
            costs (General Fund*) for local agencies to facilitate  
            additional sibling visits for dependent siblings of adopted  
            minors resulting from postadoptive sibling contact agreements.  
            Annual costs would be dependent on numerous factors that are  
            unknown at this time, including but not limited to the number  
            of adopted children with dependent siblings for which  
            postadoptive sibling contact agreements will be ordered, the  
            frequency of visits provided for in the agreements, and the  
            time involved for the social worker to provide for this  
            sibling visitation in each case (distance and duration). 
            Court impact  :  Minor workload impact and potentially future  
            cost savings to the extent the CFT meetings result in less  
            time spent during the court hearing on sibling visitation  
            issues.
            Proposition 30*  :  Exempts the State from mandate reimbursement  
            for realigned responsibilities for "public safety services"  
            including the provision of child welfare services, however,  
            legislation enacted after September 30, 2012, that has an  
            overall effect of increasing the costs already borne by a  
            local agency for public safety services apply to local  
            agencies only to the extent that the State provides annual  
            funding for the cost increase. The provisions of Proposition  
            30 have not been interpreted through the formal court process  
            to date, however, to the extent the local agency costs  
            resulting from this measure are determined to be applicable  
            under the provisions of Proposition 30 could result in  
            additional costs to the State.


          Author  
          Amendments:  Define "sibling" and make other technical changes,  








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          including the addition of a coauthor.  


          Committee  
          Amendments:  Move the requirement to convene a meeting, which is  
          not specified as a CFT meeting, to consider postadoption sibling  
          contact earlier in the process under WIC  16002, as follows:
          16002 (e) If parental rights are terminated and the court orders  
          a dependent child or ward to be placed for adoption, the county  
          adoption agency or the State Department of Social Services shall  
          take all of the following steps to facilitate ongoing sibling  
          contact, except in those cases provided in subdivision (b) where  
          the court determines by clear and convincing evidence that  
          sibling interaction is contrary to the safety or well-being of  
          the child:
               (1) Include in training provided to prospective adoptive  
               parents information about the importance of sibling  
               relationships to the adopted child and counseling on  
               methods for maintaining sibling relationships.
               (2) Provide prospective adoptive parents with information  
               about siblings of the child, except the address where the  
               siblings of the children reside. However, this address may  
               be disclosed by court order for good cause shown.
               (3)  Encourage prospective adoptive parents to make a plan  
               for facilitating postadoptive contact between the child who  
               is the subject of a petition for adoption and any siblings  
               of this child.   To the extent practical, the county placing  
               agency shall convene a meeting, with the child, sibling or  
               siblings of the child, the prospective adoptive parent or  
               parents, and a facilitator, for the purpose of deciding  
               whether to execute a voluntary postadoption sibling contact  
               agreement, as defined in Section 8616.5 of the Family Code.  
               Counsel to the child and counsel to the siblings who are  
               dependents of the court shall be notified of, and may  
               attend, the meeting.  



          Additionally, committee amendments require the court, at the  
          time of consideration of an adoption petition under WIC   
          366.29, to inquire into the status of the development of a  
          voluntary postadoption contact agreement as described in WIC   
          16002(e).









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