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 SB 1336 (Jackson) Page 2 of ? 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.) SB 1336 (Jackson) Page 3 of ? 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)) SB 1336 (Jackson) Page 4 of ? 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 SB 1336 (Jackson) Page 5 of ? 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. SB 1336 (Jackson) Page 6 of ? 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 SB 1336 (Jackson) Page 7 of ? 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 SB 1336 (Jackson) Page 8 of ? 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 SB 1336 (Jackson) Page 9 of ? 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) **************