BILL ANALYSIS                                                                                                                                                                                                    Ķ





                             SENATE JUDICIARY COMMITTEE
                         Senator Hannah-Beth Jackson, Chair
                             2015-2016  Regular  Session


          SB 1336 (Jackson)
          Version: April 14, 2016
          Hearing Date: May 3, 2016
          Fiscal: No
          Urgency: No
          NR   


                                        SUBJECT
                                           
                    Dependent children:  placement with relatives

                                      DESCRIPTION  

          This bill would require that consideration be granted to a  
          relative who has not been found to be unsuitable and who will  
          fulfill the child's reunification or permanent plan  
          requirements, and would require the court to make a finding as  
          to whether the social worker exercised due diligence in  
          conducting his or her investigation to identify, locate, and  
          notify the child's relatives.

                                      BACKGROUND  

          Abused and neglected children who have been removed from their  
          homes fall under the jurisdiction of the child welfare system.   
          This system seeks to ensure the safety and protection of these  
          children, and where possible, preserve and strengthen families  
          through visitation and family reunification.  After a child is  
          taken from the custody of his or her parents, social workers are  
          required to release a child temporarily to a responsible parent,  
          guardian, or relative, unless a specified condition exists.   
          (Welf. & Inst. Code Sec. 309(a).)  Social workers may also  
          release a child into the custody of a nonrelative extended  
          family member (NREFM), defined as an "adult caregiver who has an  
          established familial relationship with a relative of the child,  
          or a familial or mentoring relationship with the child," or  
          place the child in a licensed foster or group home. (Welf. &  
          Inst. Code Secs. 362.7, 361.2(e).)  A social worker must then  
          petition the court to declare the child a dependent of the  








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          court, and within a relatively short period of time, the court  
          determines whether it needs to assert jurisdiction over the  
          child, and limit or deny parental rights. 

          These placements, at least initially, are temporary while the  
          social worker develops a case plan to present to the court  
          according to the following priorities: (1) maintain the child  
          within his or her home; (2) remove the child but with the goal  
          of reuniting the parent and child; or (3) find a permanent  
          placement for the child.  Following the initial placement of a  
          child in a temporary home, a child is not eligible for adoption  
          until the court has formally terminated parental rights and  
          ended family reunification services.  Thus, it is imperative  
          that the temporary placement, whether with a foster home,  
          relative, or NREFM, assist in the facilitation of court-ordered  
          family reunification services.   This bill seeks to clarify how  
          a social worker exercises due diligence in locating family to  
          release a child to, and would also clarify how relatives who  
          come forward later in the process are evaluated for placement. 

                                CHANGES TO EXISTING LAW
           
           1.Existing law  provides that a minor may be removed from the  
            physical custody of his or her parents and become a dependent  
            of the juvenile court for serious abuse or neglect, or risk of  
            serious abuse or neglect, as specified. (Welf. & Inst. Code  
            Sec. 300.)

             Existing law  requires the social worker to immediately release  
            a child in temporary custody to the child's parent, guardian,  
            responsible relative, unless specified conditions exist.  
            (Welf. & Inst. Code Sec. 309.)

             Existing law  requires at the detention hearing, that the court  
            take certain steps to evaluate the case, determine whether the  
            child can be returned home safely, and, if not, to ensure the  
            child is placed in an appropriate placement, with priority  
            consideration for family members and nonrelative extended  
            family members (NREFM). (Welf. & Inst. Code Sec. 319.)

           2.Existing law  requires that prior to determining the  
            appropriate disposition, the court shall receive in evidence  
            the social study of the child made by the social worker.  
            (Welf. & Inst. Code Sec. 358.)








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             Existing law  creates preferential consideration for a request  
            by a relative of a child for placement, and requires, in  
            determining whether the placement is appropriate, the county  
            social worker and the court to consider a number of factors  
            including the best interests of the child, the wishes of the  
            parent, placement of siblings, and the nature of the  
            relationship between the child and the relative. (Welf. &  
            Inst. Code Sec. 361.3.)

             Existing law  requires that whenever a new placement of the  
            child must be made, consideration for placement shall again be  
            to relatives who have not been found to be unsuitable and who  
            will fulfill the child's reunification or permanent plan  
            requirements. 

             This bill  would delete the requirement for relative  
            consideration when a new placement is being made, and would  
            instead require that consideration for relatives shall be  
            given to relatives who have not been found to be unsuitable. 

           3.Existing law  requires, when the sudden unavailability of a  
            foster caregiver requires a change in placement, that the  
            county welfare department assess any able and willing relative  
            or NREFM that requests temporary placement of the child, and  
            allows the child to be placed in the home upon completion of  
            the assessment.  (Welf. & Inst. Code Sec. 361.45.)

             Existing law  , the California Rules of Court, provides examples  
            for judges to consider in determining if the social worker has  
            exercised due diligence in family finding, including whether  
            the social worker: 
                     asked the child, in an age-appropriate manner and  
                 consistent with the child's best interest, about his or  
                 her relatives; 
                     obtained information regarding the location of the  
                 child's relatives; 
                      reviewed the child's case file for any information  
                 regarding relatives; 
                      telephoned, emailed, or visited all identified  
                 relatives; 
                      asked known relatives for the names and locations  
                 of other relatives; or
                      used Internet search tools to locate relatives  
                 identified as supports.  (Cal. Rule Ct. 5.695 (g)) 








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             This bill  would require the court to make a finding as to  
            whether the social worker exercised due diligence in  
            conducting the required investigation to identify, locate, and  
            notify a child's relatives, and would allow the court to  
            consider the factors above in making this finding. 

                                        COMMENT
           
           1.Stated need for the bill
           
          According to the author: 

            It has long been the policy and practice of the state that  
            when a child is removed from the custody of his or her parents  
            due to neglect or abuse, placement with a relative is the  
            preferred option. Research and practice has regularly  
            demonstrated that when children in foster care are placed with  
            relatives, it greatly increases a child's chances of being  
            reunified with his or her parents or remaining in a stable  
            placement if reunification is unsuccessful. 

            In order to ensure that relatives are considered, current law  
            requires a social worker to, within 30 days of the child's  
            removal from the home, locate any known adults who are related  
            to the child and notify them that the child has been removed  
            from his or her parent's custody, this is not always done.  
            Practice varies county to county and dependency court judges  
            apply differing levels of scrutiny when determining whether  
            the social worker exercised 'due diligence' in the search for  
            relatives. Without some level of uniformity of what is  
            considered 'due diligence,' the identification and recruitment  
            of relatives will vary widely by county. 

            Further, even when a relative comes forward, some counties are  
            not considering his or her request for placement because of a  
            clause in current law, which states that "whenever a new  
            placement of the child must be made, consideration for  
            placement shall again be given? to relatives who have not been  
            found to be unsuitable...". 

           2.Requiring the court to make a finding as to whether the social  
            worker exercised due diligence in locating relatives
           
          Existing law requires that a social worker immediately release a  
          child in temporary custody to the child's parent, guardian, or a  







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          responsible relative, and creates a preference for relative  
          placement.  Existing law also requires that the court take a  
          social worker's report into evidence when determining the  
          appropriate disposition (i.e., placement) of a child.  This bill  
          would additionally require that the court make a finding as to  
          whether the social worker has exercised due diligence in  
          conducting the required investigation to identify, locate, and  
          notify relatives.  When making this finding, this bill would  
          import examples of what constitutes "due diligence" from the  
          California Rules of Court including: asking the child about his  
          or her relatives; reviewing the child's case file for any  
          information regarding relatives; contacting identified  
          relatives; and asking known relatives for the names and  
          locations of other relatives. 

          The Children's Advocacy Institute explains that "it has long  
          been the policy and practice of the state that when a child is  
          removed from the custody of his or her parents due to neglect or  
          abuse, placement with a relative is the preferred option. This  
          policy and practice is based on sound research. The American  
          Academy of Pediatrics Committee on Early Childhood, Adoption and  
          Dependent Care has stated that placement with a relative has  
          psychological advantages for a child because they become more  
          intimately familiar with their biological roots and family  
          identity. Further, a study has shown placement with relatives  
          has a causal relationship with significantly reducing the time a  
          child spends in foster care and providing a greater likelihood a  
          child will remain in the same home for the entire time they are  
          in foster care."

          In support, the Juvenile Court Judges of California write, "in  
          order to ensure that relatives are considered, current law  
          requires a social worker to locate any known adults who are  
          related to the child to determine whether they are willing to  
          temporarily care for the child. However, this is not always  
          done. Practice varies county to county. Without some level of  
          uniformity of what is considered "due diligence",' including  
          actual engagement of relatives where possible, the  
          identification and recruitment of relatives will vary widely by  
          county. 

          Staff notes that this bill is silent on what additional action  
          the court may take, if any, if it finds that the social worker  
          did not exercise due diligence in identifying, locating, and  
          notifying relatives of a child in the dependency system. 







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           3.Consistent with case law
           
          Existing law provides that whenever a new placement for a child  
          must be made,  consideration for placement shall again  be given  
          relatives who have not been found to be unsuitable.  This bill  
          would strike "whenever a new placement of the child must be  
          made," thereby requiring that relatives who seek placement after  
          the dispositional hearing must be assessed by the county and  
          considered by the court for placement. Dependency Legal  
          Services, in support, writes "it has long been the policy and  
          practice of the state that when a child is removed from the  
          custody of his or her parents due to neglect or abuse, placement  
          with a relative is the preferred option. Research and practice  
          has regularly demonstrated that when children in foster care are  
          placed with relatives, it greatly increases a child's chances of  
          being reunified with his or her parents, or increases his or her  
          chances for permanency with a relative if reunification is  
          unsuccessful." 

          The County Welfare Directors Association of California (CWDA)  
          notes that this bill raises both workload and policy concerns.  
          "From a policy perspective, it does not make sense to require an  
          assessment and placement consideration for any relative who  
          steps forward after the initial placement has been made,  
          regardless of whether it is in the best interest of the child to  
          do so, and whether any placement change was being contemplated  
          at that point in time. This would appear to render placement  
          decisions into a constant state of flux. [?] Even if it is  
          contemplated that placement changes would rarely occur under the  
          bill, it would seem to require a significant degree of work on  
          the part of county child welfare workers.  There are many, at  
          time competing, requirements that child welfare staff must  
          follow to the best of their ability, and more work in a day that  
          the majority of staff have time to complete.  Adding this new  
          workload, to little end, raises the question of whether the  
          funds for this are best used to serve foster children in  
          different ways." 

          Advokids, in opposition, writes: 

            Currently [Welf. & Inst. Sec.] 361.3 (d) limits consideration  
            of relatives for placement post disposition hearing to when "a  
            new placement must be made," when a child must be moved  
            because of a failed placement, a necessary move that cannot be  







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            prevented. SB 1336 opens up this option for a relative  
            placement when the move is not necessary and fails to include  
            any language that requires the county social worker and the  
            court to consider the thoughtful and measured factors included  
            in Welf. & Inst. Sec. 361.3 (a), factors required to be  
            considered early on at the disposition hearing when a relative  
            is considered. This bill needs further amendments and  
            clarification to require the county and the social worker to  
            consider all of the 361.3(a) factors when they seek to remove  
            a child from a placement where a child has lived for many  
            months and sometimes years in a home that has been identified  
            as a concurrent home with caregivers willing to provide legal  
            permanency. These delayed relative placements require as much  
            judicial scrutiny if not more than the placements considered  
            early on at disposition, 6o days into a child's stay in foster  
            care.

          On this point, a recent appellate case clarified the preference  
          for relative placement within the foster system.  "At least  
          through the reunification period, when a relative voluntarily  
          comes forward at the time with a new placement is not required,  
          the relative is entitled to the preference and the court and the  
          social worker are obligated to evaluate that relative."  The  
          court further held that Welfare and Institutions Code "section  
          361.3 requires the court to give preferential consideration to a  
          request by the child's relative for placement, including an  
          assessment of whether placement with a relative is in the  
          child's best interest."  (In re Isabella G. D068718  (2016).)   
          Accordingly, this bill which strikes the statutory language that  
          implied relative consideration need only happen when a new  
          placement is being made, arguably codifies case law.  


           Support  :  Alliance for Children's Rights; Children's Advocacy  
          Institute; Children's Law Center of California; Dependency Legal  
          Services; East Bay Children's Law Offices; Families NOW;  
          Juvenile Court Judges of California; National Association of  
          Social Workers

           Opposition  :  Advokids

                                        HISTORY
           
           Source  :  Author








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           Related Pending Legislation  :

          SB 942 (Liu) would establish additional procedures for the  
          temporary placement of a child with an able and willing  
          relative, would also require that a criminal records check be  
          conducted within a specified timeframe, and would authorize the  
          court to conduct a hearing if the assessment process is not  
          complete, as specified. 

          SB 1201 (Mitchell, 2016) moves consideration of an exemption for  
          specified crimes into the resource family approval process in  
          the context of other elements, such as the psychosocial  
          assessment, among other changes.

           Prior Legislation  :

          AB 403 (Stone, Ch. 773, Stats. 2015) enacted the continuum of  
          care reform.

          AB 1761 (Hall, Ch. 765, Stats. 2014) expanded the placement  
          preference language for  relatives and NREFM from being a  
          priority prior to the detention hearing to also being a priority  
          after the detention hearing and prior to the dispositional  
          hearing.

          AB 2391 (Calderon, 2014) would have required the county social  
          worker and the court, when determining whether placement with a  
          relative is appropriate, to consider specified factors, and  
          would have required that consideration for placement with a  
          relative subsequent to a disposition hearing be given again  
          without regard to whether a new placement of a child must be  
          made.

          AB 545 (Mitchell, Chapter 294, Statutes of 2013) expanded the  
          definition of a nonrelative extended family member to include an  
          adult caregiver who has an established familial relationship  
          with a relative of the child.

          AB 914 (Saldaņa, 2007) would have extended the evaluation and  
          approval requirements for nonrelative extended family caregivers  
          to nonrelative community support system caregivers, as defined.   
          This bill died in the Assembly Human Services Committee. 

          AB 1695 (Aroner, Chapter 653, Statutes of 2001) conformed state  
          law with recent federal law relating to the placement of foster  







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          children in licensed or approved homes of non-relatives and  
          relatives.  Created a new category of "nonrelative, extended  
          family  members," who are subject to the same approval process  
          as relatives and licensed caregivers.
           
          Prior Vote  :  Senate Human Services Committee (Ayes 4, Noes 0)  
           
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