BILL ANALYSIS Ó
SB 1060
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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.
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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
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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:
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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.
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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,
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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
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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
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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.
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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:
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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."
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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.
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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.
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Analysis Prepared by:Daphne Hunt / HUM. S. / (916)
319-2089