BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1336| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 1336 Author: Jackson (D) Amended: 4/14/16 Vote: 21 SENATE HUMAN SERVICES COMMITTEE: 4-0, 4/12/16 AYES: McGuire, Berryhill, Hancock, Liu NO VOTE RECORDED: Nguyen SENATE JUDICIARY COMMITTEE: 6-0, 5/3/16 AYES: Jackson, Moorlach, Anderson, Leno, Monning, Wieckowski NO VOTE RECORDED: Hertzberg SUBJECT: Dependent children: placement with relatives SOURCE: Author DIGEST: This bill requires the juvenile 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 a dependent child's relatives. It states legislative intent to clarify that, if a child is receiving reunification services and a relative identifies himself or herself to a county child welfare agency, that the relative be evaluated by the county child welfare agency and a recommendation be made to the court as to whether the relative should be considered for placement. ANALYSIS: Existing federal law vests responsibility for caring for a child who has been removed from home and placed in foster care with the state and any public agency which is administering SB 1336 Page 2 the foster care plan with the state. (42 U.S.C. 672 (a)(2)(B)) Existing state law: 1) Places the care of a child who has been removed from his or her parents or guardian under the jurisdiction of the juvenile court and defines abuse and neglect criteria for such removal. (WIC 300 et seq.) 2) Defines the steps and timelines a county must take after detaining a child, including creating a preference for the child to be placed temporarily with a relative or nonrelated extended family member (NREFM). (WIC 309) 3) Requires at the initial detention hearing 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 NREFMs. (WIC 319) 4) Requires a juvenile court to hear evidence prior to making a finding on the disposition of a child's case and permits the court to continue the hearing to a later date, as specified and according to statutory timelines. (WIC 358 (a)) 5) Requires the court to read and consider the social study of the child made by the social worker, any study or evaluation made by a child advocate appointed by the court, and other relevant and material evidence as may be offered, prior to deciding the disposition of the case. This may include the willingness of the caregiver to provide legal permanency for the child if reunification is unsuccessful. (WIC 358 (b)) 6) Requires that in any case in which a child is removed from the physical custody of his or her parents, preferential consideration must be given to a request by a relative of the child for placement of the child with the relative, regardless of the relative's immigration status. In determining whether placement with a relative is appropriate, the county social worker and court must consider a variety of SB 1336 Page 3 factors, as specified, including the ability of the relative to provide a safe, secure and stable environment for the child and protect the child from his or her parents. (WIC 361.3. (a)) 7) Requires that each relative be considered in any case in which more than one appropriate relative requests preferential consideration, as specified. States that, consistent with the legislative intent for children to be placed immediately with a responsible relative, this section does not limit the county social worker's ability to place a child in the home of an appropriate relative or an NREFM pending the consideration of other relatives who have requested preferential consideration. (WIC 361.3(b)) 8) Defines "relative" to mean an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words "great," "great-great," or "grand," or the spouse of any of these persons even if the marriage was terminated by death or dissolution. Requires that the only relatives to be given preferential consideration for the placement of the child are an adult who is a grandparent, aunt, uncle, or sibling. (WIC 361.3 (c)(2)) 9) Requires that prior to placing a child in the home of a relative, or the home of any prospective guardian or other person who is not a licensed or certified foster parent, the county social worker shall visit the home to ascertain the appropriateness of the placement, as specified. (WIC 361.4) 10)Requires that when the sudden availability of a foster caregiver requires a change in placement on an emergency basis for a foster child, if an able and willing relative or NREFM is available and requests temporary placement of the child pending resolution of the emergency situation, the county welfare department shall initiate an assessment of the relative's or NREFM's suitability. Upon completion of this assessment, the child may be placed in the home. (WIC 361.45.) SB 1336 Page 4 This bill: 1) States uncodified legislative intent that if a child is receiving reunification services and a relative identifies himself or herself to a county child welfare agency, that the relative be evaluated and a recommendation be made to the court as to whether the relative should be considered for placement. 2) Requires that, in making a decision in a dispositional hearing, the court must consider whether the social worker has exercised due diligence in conducting the investigation to identify, locate, and notify the child's maternal and paternal relatives. 3) Permits the court to consider whether the social worker took the following actions in in determining whether due diligence was used: a) Asked the child, in an age-appropriate manner and consistent with the child's best interest, about his or her relatives. b) Obtained information regarding the location of the child's relatives. c) Reviewed the child's case file for any information regarding the child's relatives. d) Telephoned, emailed, or visited all identified relatives. e) Asked located relatives for the names and locations of other relatives. f) Used Internet search tools to locate relatives SB 1336 Page 5 identified as supports. 4) Removes the requirement that a county consider placing the child with suitable relatives only at the time that a new placement of the child must be made, so that a county is required to consider placement with suitable relatives before or at any point after the child's dispositional hearing. Background Child Welfare System. California's county-based child welfare system protects children at risk of child abuse and neglect or exploitation by providing intensive services to families to allow children to remain in their homes, or by arranging temporary or permanent placement of the child in the safest and least restrictive environment possible. It is the legal "parent" for children in the foster care system. As of October 1, 2015, approximately 62,600 children were in the custody of the child welfare system in California. [http://cssr.berkeley.edu/ucb_childwelfare] Court process. The process for determining the path through a child welfare case is prescribed by a series of dependency court hearings. When a child is first detained, the judge reviews the facts and decides whether to remove the child from his or her parents or to return the child home, typically with instructions that parents participate in services. At this hearing, the court will also try to identify any suitable relatives who may be able to care for the child while the case is pending. The second hearing is a "jurisdictional hearing," in which the merits of the case are decided, this may include a trial on the facts. If the court decides that the allegations are true, there will be a subsequent dispositional hearing, where the judge will decide whether to return the child home or to remove the child from parental custody. Subsequent hearings evaluate the status of the parents' attempts to reunify with the child and the child's well-being. Outcomes of Children in Foster Care. Numerous national studies have documented the poor outcomes of children and youth who are removed from their homes into the child welfare system. Children have increased rates of chronic health problems, developmental SB 1336 Page 6 delays and disabilities, mental health needs, and substance abuse problems. [http://www.childrensaidsociety.org/files/upload-docs/report_fina l_ April_2.pdf] Many youth have experienced traumatic events that lead to symptoms such as depression, behavior problems, hypersensitivity, and emotional difficulties. Twenty-five percent of youth who age-out of care experience Post-Traumatic Stress Disorder-double the rate of U.S. war veterans. Studies have shown that being removed from one's home is, in itself, a traumatic event, leading to the separation from family, friends, and neighbors. Placement with relatives. State and federal statutes state a preference to place children in out-of-home care with relatives. State law provides an expedited approval process for family members and NREFMs who step forward when the child is detained in order to quickly place the child in a familiar home. Studies have demonstrated significant benefit to children in the child welfare system who are placed with relatives rather than with strangers in foster homes or in group care. A 2008 study in the Archives of Pediatric and Adolescent Medicine found that children placed into kinship care had fewer behavioral problems three years after placement than children who were placed into foster care. Researchers also found that children placed with relatives were more likely to remain in their same neighborhood, be placed with siblings, and have consistent contact with their birth parents than children in foster care. Recent efforts to encourage relatives to care for children in the foster care system have resulted in several initiatives. The Resource Family Approval Program (WIC 16519.5) was established in 2012 as a five-county pilot project and designed to be a unified, family friendly, child centered single process to approve foster family homes, relative homes for foster care and to approve families for legal guardianship or adoption. It replaces multiple processes for licensing and approving homes of relative and nonrelative caregivers. The 2015 passage of the Continuum of Care Reform package, AB 403 (Stone, Chapter 773, Statutes of 2015), made the pilot statewide. SB 1336 Page 7 The Approved Relative Caregiver funding program (SB 855, Chapter 29, Statutes of 2014) was established, initially as a county option, to provide funding to family caregivers in an amount equal to the basic foster care rate. The program, which was made mandatory by the passage of AB 403, remedies a rate inequity that left many low income relatives with support payments from the CalWORKs program only, which are significantly less than the basic foster care rate. Continuum of Care Reform. The California Department of Social Services (CDSS) is in the midst of a significant reform effort focused on diminishing the number of foster children in long-term congregate care, such as group homes. A 2015 report, "California's Child Welfare Continuum of Care Reform," outlines a comprehensive reform of services including new models of care for foster youth, more intensive services, and providing needed treatment and services in homes rather than in group care. AB 403 began enacting these reforms. Related Legislation AB 381 (Calderon, 2015) would have deleted the provision that consideration for placement with a relative after the disposition hearing be triggered by a new placement for the foster child, similar to the current bill. It additionally would have required the social worker to consider the length of time a child was in placement and relationship with the non-relative caregiver in deciding whether to move the child to a relative's home. The bill died in the Assembly Human Services Committee. AB 2391 (Calderon, 2014), in an identical deletion to SB 1336, would have required that consideration for placement with a relative subsequent to the disposition hearing be given without regard to whether a new placement of a child must be made. The bill died in the Senate Judiciary Committee. FISCAL EFFECT: Appropriation: No Fiscal Com.:NoLocal: No SB 1336 Page 8 SUPPORT: (Verified5/24/16) 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: (Verified5/24/16) Advokids California State Association of Counties County Welfare Directors Association of California Urban Counties of California ARGUMENTS IN SUPPORT: The Children's Law Center of California writes that current law requires a social worker to locate kin to determine whether they are willing to temporarily care for the child, however practice varies from county to county and dependency court judges apply differing levels of scrutiny in determining "due diligence" in the search for relatives. "By clarifying how and when preferential treatment of relatives is considered SB 1336 will help to ensure that a relative is considered for placement whenever he or she identifies him or herself to a county child welfare agency," according to the organization. The author states that a relative who comes forward after the child's dispositional hearing may be considered for placement whenever a new placement of the child must be made. The author notes that some counties have interpreted this clause to mean that a relative may not be considered until a new placement is needed for the child, and that some counties have denied children their right to have their relative considered as a placement solely because a particular hearing has passed and a 'new' placement is not being made. SB 1336 Page 9 ARGUMENTS IN OPPOSITION: The County Welfare Directors Association of California states this bill creates unnecessary work in an already overburdened system by requiring the assessment of every new relative and consideration of their suitability, even if the child is in a stable environment and no other placement change is being contemplated. "There already are many, at times competing, legal requirements that child welfare staff must follow, and more work in a day than most can contemplate. Adding this new requirement, to little end, would redirect staff time away from these other efforts." Prepared by:Mareva Brown / HUMAN S. / (916) 651-1524 5/25/16 13:50:28 **** END ****