BILL ANALYSIS Ó SB 1060 Page 1 Date of Hearing: June 28, 2016 ASSEMBLY COMMITTEE ON HUMAN SERVICES Susan Bonilla, Chair SB 1060 (Leno) - As Amended June 22, 2016 SENATE VOTE: 31-7 SUBJECT: Postadoption contact: siblings of dependent children or wards SUMMARY: Requires the court, when considering an adoption petition, to inquire about development of a voluntary postadoption sibling contact agreement, and requires the county placing agency, when parental rights are terminated and the court orders a child be placed for adoption, to the extent practicable, to convene a meeting for the purpose of determining whether to voluntarily execute a postadoption sibling contact agreement, as specified. Specifically, this bill: 1)Defines "sibling" to mean a person related to the identified child by blood, adoption, or affinity through a common legal or biological parent. SB 1060 Page 2 2)Adds direct reference to siblings in a number of provisions related to postadoption contact between an adoptive child and his or her birth relatives, including: a) Legislative findings and declarations regarding the benefits for some adoptive children of having contact with siblings and regarding voluntary postadoption contact agreements with siblings; b) The prohibition that nothing in the adoption laws of California shall be construed to prevent any siblings and a child from voluntarily executing a written agreement to permit continuing contact if the agreement is found by the court to have been executed voluntarily and to be in the best interest of the child at the time the adoption petition is granted; c) The requirement that the terms of any postadoption contact agreement with siblings shall be limited to the sharing of information about the child, unless the child has a preexisting relationship with the sibling; d) The prohibition that the court shall not set aside a decree of adoption, rescind a relinquishment, or modify an order to terminate parental rights or any other prior court order because of the failure of a sibling to comply with the postadoption contact agreement, as specified; and e) Other requirements regarding postadoption contact SB 1060 Page 3 agreements, as specified. 3)Requires the court, at the time of consideration of an adoption petition, to inquire into the status of the development of a voluntary postadoption sibling contact agreement, as specified. 4)Requires the court order for the permanent placement of a ward of the court, as specified, to include specification of the nature and frequency of visiting arrangements with any siblings. 5)Requires, when parental rights are terminated and the court orders a dependent child or ward to be placed for adoption, the county placing agency, to the extent practicable, to convene a meeting with the child, sibling(s) of the child, prospective adoptive parent(s), and a facilitator for the purpose of determining whether to voluntarily execute a postadoption sibling contact agreement, as specified. Further, authorizes the county placing agency to comply with this requirement by allowing a nonprofit organization authorized to provide permanency placement and postadoption mediation, as specified, to facilitate the meeting and develop the agreement. 6)States that the county placing agency is not required to convene a meeting to determine whether to voluntarily execute a postadoption sibling contact agreement, as specified, in either of the following circumstances: SB 1060 Page 4 a) It determines that such a meeting or agreement would be contrary to the safety and well-being of the child; or b) The child requests that a meeting not occur. 7)Permits a child to petition the court for an order requiring the county placing agency to convene a meeting to determine whether to voluntarily execute a postadoption sibling contact agreement, as specified, and further states that if the court determines by a preponderance of the evidence that such a meeting or agreement is contrary to the safety and well-being of the child, the reasons for that determination shall be noted in the court order, and the meeting is not required to occur. 8)Requires both counsel to the child and to the sibling(s) who are dependents of the court to be notified, and permitted to attend, both the meeting and the hearing, as specified. 9)Stipulates that attendance by a child, sibling, or other party shall not be required at a meeting to determine whether to voluntarily execute a postadoption sibling contact agreement, as specified, if the child, sibling, or other party cannot be located or does not wish to attend. Further, states that this shall not prohibit a county placing agency from convening a meeting if not all of the parties are secured to attend. 10)Makes technical changes. SB 1060 Page 5 EXISTING LAW: 1)Permits the juvenile court to adjudge a child a dependent of the court for specified reasons, including, but not limited to, if a child has suffered or is at substantial risk of suffering serious physical harm, emotional damage, or sexual abuse, as specified. (WIC 300) 2)States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being physically, sexually, or emotionally abused, neglected, or exploited, and to ensure the safety, protection, and physical and emotional well-being of children who are at risk of harm. (WIC 300.2) 3)Declares the intent of the Legislature to, whenever possible, preserve and strengthen a child's family ties and, when a child must be removed from the physical custody of his or her parents, to give preferential consideration to placement with relatives. States the intent of the Legislature to reaffirm its commitment to children who are in out-of-home placement to live in the least restrictive family setting and as close to the child's family as possible, as specified. Further states the intent of the Legislature that all children live with a committed, permanent, nurturing family and states that services and supports should be tailored to meet the specific needs of the individual child and family being served, as specified. (WIC 16000) 4)Requires out-of-home placement of a child in foster care to be based upon selection of a safe setting that is the least restrictive family setting that promotes normal childhood experiences and the most appropriate setting that meets the child's individual needs, as specified. Further requires the selection of placement to consider, in order of priority, SB 1060 Page 6 placement with: relatives, nonrelated extended family members, and tribal members; foster family homes, resource families, and nontreatment certified homes of foster family agencies; followed by treatment and intensive treatment certified homes of foster family agencies or multidimensional treatment foster care homes or therapeutic foster care homes; group care placements in the order of short-term residential treatment centers, group homes, community treatment facilities, and out-of-state residential treatment, as specified. (WIC 16501.1(d)(1)) 5)States Legislative intent to preserve and strengthen a child's sibling relationship when that child or sibling has been removed from the home, such that the court has authority to develop a visitation plan for siblings, as specified, and further delineates steps to be taken by various entities to facilitate continued sibling contact. (WIC 16002) 6)Requires a social worker, to the extent that it is practical and appropriate, place a minor together with any siblings or half-siblings who are also detained or include in the case report, as specified, a statement of his or her continuing efforts to place the siblings together or why those efforts are not appropriate. (WIC 306.5) 7)Provides for postadoption contact agreements to facilitate direct or indirect contact between adoptive children and their birth relatives. (FAM 8616.5) FISCAL EFFECT: According to the Senate Appropriations Committee analysis from May 27, 2016, this bill may result in the following costs: 1)Team meetings : Potentially significant increase in state SB 1060 Page 7 costs (General Fund*) for additional meetings to the extent the meetings consist of child and family team (CFT) members. Estimated costs assuming only 50% 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. 2)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). 3)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. 4)Proposition 30* : Exempts the State from mandate reimbursement SB 1060 Page 8 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. COMMENTS: Child Welfare Services: The purpose of California's Child Welfare Services (CWS) system is to protect children from abuse and neglect and provide for their health and safety. When children are identified as being at risk of abuse, neglect or abandonment, county juvenile courts hold legal jurisdiction and children are served by the CWS system through the appointment of a social worker. Through this system, there are multiple opportunities for the custody of the child, or his or her placement outside of the home, to be evaluated, reviewed and determined by the judicial system, in consultation with the child's social worker, to help provide the best possible services to the child. The CWS system seeks to help children who have been removed from their homes reunify with their parents or guardians, whenever appropriate, or unite them with other individuals they consider to be family. There are currently over 62,000 children and youth in California's child welfare system. SB 1060 Page 9 Postadoption contact agreements: State law recognizes the benefits often derived from adoptive children having either direct or indirect contact with birth relatives after being adopted, and provides for the development of postadoption contact agreements. These agreements are intended to establish ongoing contact between a child who has been adopted and his or her birth relatives; they are voluntarily entered into by birth relatives and adoptive parents. The purview of these agreements is limited to, but does not need to include, provisions for visitation, future contact, and sharing of information about the child in the future. Foster youth and sibling relationships: The importance of maintaining relationships between siblings who have been separated from each other due to involvement with the child welfare system is well-recognized. According to the Child Welfare Information Gateway: "Sibling relationships are emotionally powerful and critically important not only in childhood but over the course of a lifetime. As children, siblings form a child's first peer group, and they typically spend more time with each other than with anyone else. Children learn social skills, particularly in sharing and managing conflict, from negotiating with brothers and sisters. Sibling relationships can provide a significant source of continuity throughout a child's lifetime and are likely to be the longest relationships that most people experience." The federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351) was the first recognition in federal law of the importance of keeping siblings together, and it required states to make reasonable efforts to maintain sibling connections, stating that reasonable efforts shall be made: SB 1060 Page 10 1)"To place siblings removed from their home in the same foster care, kinship, guardianship, or adoptive placement, unless the State documents that such a joint placement would be contrary to the safety or well-being of any of the siblings; and 2)In the case of siblings removed from their home who are not so jointly placed, to provide for frequent visitation or other ongoing interaction between the siblings, unless the State documents that frequent visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings." (42 U.S.C. §671(a)(31)) California state law requires a social worker, to the extent that it is practical and appropriate, place a minor together with any siblings or half-siblings who are also detained or include in the case report a statement of his or her continuing efforts to place the siblings together or why those efforts are not appropriate. Need for this bill: According to the author: "For an adoption to establish a lasting commitment between the child and adopting parents, elements of healing and support are essential. Research confirms that sustaining relationships with the biological family, especially siblings, is effective in overcoming any negative effects of being removed from one's family and placed into foster care. [This bill] will maintain sibling relationships through the adoption process by elevating the function of the post adoption contact agreement between siblings and prospective adoptive children prior to adoption finalization." SB 1060 Page 11 PRIOR AND RELATED LEGISLATION: AB 1997 (Stone), 2016, would adopt changes to further facilitate implementation of Continuum of Care Reform (CCR) recommendations to better serve children and youth in California's child welfare services system. It will be heard in the Senate Human Services Committee on June 28, 2016. AB 403 (Stone), Chapter 773, Statutes of 2015, implemented CCR recommendations to better serve children and youth in California's child welfare services system. SB 1099 (Steinberg), Chapter 773, Statutes of 2014, encouraged visitation with siblings for children in the dependency and juvenile justice systems. AB 743 (Portantino), Chapter 560, Statutes of 2010, made changes to the standards for sibling visitation, interaction, and placement for children who are placed out-of-home, in foster care, or adoption, to conform with language in the federal Fostering Connections Act. AB 705 (Steinberg), Chapter 747, Statutes of 2001, ensured that sibling relationships are considered at all appropriate hearings and siblings are placed together when appropriate. AB 1987 (Steinberg), Chapter 909, Statutes of 2000, required the juvenile court to consider the existence and nature of sibling relationships in all placement, visitation and permanency hearings. SB 1060 Page 12 SECOND COMMITTEE OF REFERENCE . This bill was previously heard in the Assembly Judiciary Committee on June 21, 2016 and was approved on a 10-0 vote. REGISTERED SUPPORT / OPPOSITION: Support California Youth Connection - sponsor Alliance for Boys and Men of Color California Alliance California CASA Association Children Now Children's Law Center County Welfare Directors Association of CA (CWDA) Families Now Hillsides The John Burton Foundation National Association of Social Workers Public Counsel Opposition None on file. SB 1060 Page 13 Analysis Prepared by:Daphne Hunt / HUM. S. / (916) 319-2089