BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       SB 1336|
          |Office of Senate Floor Analyses   |                              |
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                                   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  








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          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  








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             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.)
          








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          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  








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                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  








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          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. 









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          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










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          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.








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          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


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