BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  June 21, 2016


                           ASSEMBLY COMMITTEE ON JUDICIARY


                                  Mark Stone, Chair


          SB  
          1336 (Jackson) - As Amended April 14, 2016


          SENATE VOTE:  38-1


          SUBJECT:  Dependent children:  placement with relatives


          KEY ISSUE:  IN ORDER TO IMPROVE THE LIVES OF FOSTER CHILDREN AND  
          ENHANCE FAMILY REUNIFICATION, SHOULD THE LAW BE CLARIFIED,  
          CONSISTENT WITH RECENT CASE LAW, TO REQUIRE THAT RELATIVES BE  
          CONSIDERED FOR PLACEMENT OF A FOSTER CHILD, regardless of  
          whether a new placement is necessary? 


                                      SYNOPSIS


          Abused and neglected children who have been removed from their  
          homes fall under the jurisdiction of the child welfare system.   
          If a child cannot be safely returned to his or her parents,  
          there is a strong legislative preference that the child be  
          placed with willing and able relatives, since there are  
          significant benefits for the child and for the family if the  
          child is placed with relatives.  To help achieve that goal when  
          possible, this bill does two things.  First, it requires the  
          juvenile court to make sure that social workers have exercised  
          due diligence in conducting their investigation to identify,  








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          locate and notify a child's relatives when the child is removed  
          from his or her parents.  Second it clarifies, consistent with  
          recent case law (see In re Isabella G. (2016) 246 Cal. App. 4th  
          708), that a relative may be considered for placement even when  
          the child is not in need of a new placement.  This does not  
          require that the child be moved.  Obviously whether a child is  
          moved or not will be based on a number of statutory factors,  
          most important of which is the child's best interest.  Rather,  
          this bill just requires that the relative be adequately  
          considered.


          This bill is supported by children's advocates, including the  
          Alliance for Children's Rights, the Children's Advocacy  
          Institute and the Children's Law Center of California, and the  
          Juvenile Court Judges of California, who state that placement  
          with relatives greatly increases a child's chance of  
          reunification with his or her parents and increases chances of  
          permanency even if the child cannot be reunified.  They believe  
          that this bill is good for children by helping ensure that  
          relatives are appropriately considered for placement.  This bill  
          is opposed unless amended by the county welfare directors and  
          labor organizations who are concerned that having to assess  
          relatives when no new placement is required could result in a  
          child being moved even when it is not in the child's best  
          interest to do so and is a waste of scare resources.  The bill  
          is also opposed, for similar reasons, by particular counties and  
          Advokids.  The author is continuing to work with the opposition  
          to see if a compromise is possible, but thus far no consensus  
          has been reached.


          SUMMARY:  Clarifies when relatives must be considered for  
          placement of foster children. Specifically, this bill:  


          1)Requires the court, whenever a child is removed from his or  
            her parent's custody and made a dependent of the juvenile  
            court, to make a specified finding as to whether the social  








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            worker exercised due diligence in conducting the required  
            investigation to identify, locate and notify a child's  
            relatives of the detention, and allows the court to consider  
            specified factors in making this finding. 
          2)Deletes the requirement that, subsequent to the disposition  
            hearing, consideration for relative placement be given only  
            when a new placement must be made, and instead clarifies that  
            consideration for relative placement shall be given to  
            relatives who have not been found to be unsuitable. 


          3)States that the intent of the Legislature in amending Welfare  
            & Institutions Code Section 361.3 is to clarify that if a  
            child is receiving reunification services and a relative  
            identifies himself or herself to a county child welfare  
            agency, then that relative is to be evaluated by the county  
            child welfare agency and a recommendation be made to the court  
            as to whether the relative should or should not be considered  
            for placement.


          EXISTING LAW:   


          1)Provides that a minor may be removed from the physical custody  
            of his or her parents and become a dependent of the juvenile  
            court as the result of abuse or neglect, as specified.   
            (Welfare & Institutions Code Section 300.  Unless stated  
            otherwise, all further statutory references are to that code.)


          2)Requires a social worker to immediately release a child in  
            temporary custody to the child's parent or guardian.  Defines  
            the steps and timelines a county must take after detaining a  
            child, including specific steps and timelines to search for  
            relatives.  Requires assessment of relatives or nonrelated  
            extended family members (NREFMs) who seek placement of the  
            child.  (Section 309; Cal. Rule Ct. 5.695 (f), (g).)









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          3)Requires the court, at the detention hearing, to 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 relatives, as specified.  (Section 319.)


          4)Requires that prior to determining the appropriate  
            disposition, the court shall receive in evidence the report of  
            the child made by the social worker.  (Section 358.)


          5)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.  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.  (Section 361.3.)


          6)Requires, when the sudden unavailability of a foster caregiver  
            requires a change in placement, that the county welfare agency  
            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.   
            (Section 361.45.)


          FISCAL EFFECT:  As currently in print this bill is keyed  
          non-fiscal.


          COMMENTS:  Abused and neglected children who have been removed  








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          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 services, 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.  If that cannot be done,  
          the social worker is required to seek out relatives and find  
          another placement for the child, and throughout the child  
          welfare process, there is a strong preference that the child be  
          placed with relatives.  This bill seeks to clarify the child  
          welfare agency's duty to find relatives willing to take a foster  
          child in and assess, where appropriate, whether to place the  
          child with loving relatives.  


          In support of the bill, the author 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 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 [but] 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  








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            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...". 


            Although contrary to case law, some counties have interpreted  
            this clause to mean that a relative may not be considered  
            until a new placement is made for the child.  This has allowed  
            some counties to deny 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.   
            This decision could ultimately delay successful reunification  
            with the child's biological parents or permanent ties to the  
            child's relatives.


          Court Dependency 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 finds the allegations are  
          true, there will be a subsequent dispositional hearing, possibly  
          the same day, in which the judge will decide whether to return  
          the child home or to remove the child from parental custody.  
          Subsequent six-month hearings evaluate the status of the  
          parents' attempts to reunify with the child and the child's  








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          well-being.  If the child cannot be reunited with his or her  
          parents, the goal is to find a new, permanent family for the  
          child.


          Outcomes of Children in Foster Care and Preference for Placement  
          with Relatives.  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 delays and  
          disabilities, mental health needs, and substance abuse problems.  
           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.  


          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.  Writing in the  
          National Journal for the Court Appointed Special Advocates for  
          Children (CASA), retired Santa Clara juvenile court Judge Len  
          Edwards - now the judge in residence for the Center for  
          Families, Children and the Courts at the California  
          Administrative Office of the Courts -- underscored the benefits  
          of placing children with relatives:

                 Children in relative care tend to be just as safe as, or  
               safer than, children placed in foster care.


                 Relative placements provide more stability than  
               placement with foster families, and if the child has to  
               move, it is likely he or she will move from the home of one  
               relative to another.








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                 Siblings more often remain together in relative care,  
               and are more likely to visit one another even if they  
               reside in separate relative homes.


                 Relative caregivers are more likely to continue the ties  
               with the child's birth family.


                 Children in relative care are more likely to remain  
               connected to their community, including their school.


                 Relative caretakers facilitate parent-child visitation  
               more easily since the caregivers will likely favor  
               reunification and will be less likely than foster parents  
               to compete with the parents for permanent custody of the  
               child.


                 Relatives are more likely to invest time and care for a  
               child who shares a blood tie.  This includes a willingness  
               to care for the child for as long as needed.


                 Placement with relatives will generally be less  
               traumatic than placement in an unfamiliar home because the  
               children will be living with someone they know and trust,  
               particularly if the non-relative differs racially or  
               ethnically from the child.         


                 Placement with relatives supports the transmission of a  
               child's family identity, culture, and ethnicity.


                 Placement with relatives eliminates the unfortunate  








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               stigma that many foster children experience.


                 Children fare better in relative care than in foster  
               care along numerous axes.


                 The child placed with relatives knows his or her own  
               family, sees family resemblances, and understands how he or  
               she fits into it.  (Judge Len Edwards, Examining the  
               Benefits and Challenges of Placing Children with Relatives  
               (CASA Nov. 2011).)

          But, Judge Edwards noted, there are barriers to placing children  
          with relatives: 

            Relative preference may be the law today, but significant  
            challenges remain. . . .We must also identify, locate and  
            engage relatives.  Relative preference statutes mean little  
            without rigorous social work immediately following removal of  
            the child from parental care.  The social worker must learn  
            from the parents who the child's relatives are, contact them,  
            and encourage them to become involved in the child protection  
            case.  The sooner this is accomplished, the more likely that  
            the relatives will become engaged.  The law now gives  
            relatives the right to appear before the court and speak on  
            behalf of the child.  Just as importantly, relatives have the  
            ability to participate in group decision-making processes such  
            as family group conferences, team decision making, family team  
            meetings, and court-based mediation.  All of these group  
            decision-making processes have spread throughout the United  
            States and have been recognized as best practices in the  
            resolution of the difficult issues presented in child  
            protection cases.


            Delay in relative engagement often means that they will not be  
            selected as placement for the child.  The child protection  
            system is notoriously slow.  Fact finding hearings may take  








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            months to complete.  Placement issues may take over a year.   
            Yet in the meantime the child will be living with a family and  
            will naturally become strongly connected to that family.  The  
            late-arriving relative often finds that the foster family will  
            be preferred because of the connection between the child and  
            that family.


            Relative placement is good social and legal policy.  However,  
            effective implementation of relative preference requires early  
            identification and engagement.  It requires effective judicial  
            oversight of social worker actions regarding locating and  
            engaging fathers and relatives.  It also requires  
            opportunities for relatives to participate in decision making,  
            preferably through group decision-making processes.  Engaging  
            relatives is a best practice, one that will serve the best  
            interests of children separated from their parents.   
            (Examining the Benefits and Challenges of Placing Children  
            with Relatives, supra.)

          This bill seeks to help children, when appropriate and in their  
          best interest, be placed with relatives by requiring court  
          oversight of the relative finding process, so that relatives can  
          be found early and children placed with them timely, and  
          requiring that social workers and courts consider a later  
          relative placement if it is in the best interest of the child.


          Ensuring that social workers look diligently for relatives.   
          Given the significant benefits of relative placement for foster  
          children, if a child is removed from his or her family, current  
          state and federal law requires the child's social worker, within  
          30 days, to conduct an investigation to identify and locate the  
          child's adult relatives and to use due diligence in  
          investigating the names and locations of the relatives,  
          including asking the child.  If a relative is located, the  
          social worker is required to provide the relative with a  
          notification explaining that the child has been removed from his  
          or her parents and the various options available to participate  








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          in the care and placement of the child and support to the  
          child's family.  


          To ensure that the social worker diligently and timely seeks out  
          relatives for possible placement, this bill requires the court  
          to make a finding as to whether the social worker has exercised  
          due diligence in conducting the required investigation to  
          identify, locate and notify the child's relatives, including  
          both maternal and paternal relatives.  This bill allows the  
          court, in making its determination, to consider specified  
          examples of due diligence, including whether the social worker  
          asked the child about his or her relatives, reviewed the child's  
          case file, telephoned, emailed or visited all identified  
          relatives, and used Internet search tools to locate identified  
          relatives.  These requirements are identical to the requirements  
          already set out in California Rules of Court, Rule 5.695 (f),  
          (g).  If these due diligence standards are properly complied  
          with, barriers to placing children with relatives, as identified  
          by Judge Edwards above, should be significantly reduced.


          In support, the Juvenile Court Judges of California writes:  "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."  (Footnote omitted.)  The juvenile court judges note  
          that this bill provides them with "additional tools to help  
          ensure that appropriate and effective steps are being made to  
          both identify and engage relatives early in the dependency  
          process."


          Case law, recognizing the importance of relative placement, is  








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          consistent with this legislation.  Precedential case law from  
          the Second and Fourth Appellate Districts (which include Los  
          Angeles, San Diego, Riverside and San Bernardino Counties) has  
          been quite clear that the statutory relative placement priority  
          applies at least through the reunification period (and even  
          beyond) and regardless of whether a new placement is required:   
          "[A]t least through the reunification period, when a relative  
          voluntarily comes forward at a time when a new placement is not  
          required, the relative is entitled to the preference and the  
          court and the social worker are obligated to evaluate the  
          relative. . . . Appellate court decisions have consistently held  
          that the relative placement preference applies at least through  
          the family reunification period.  During the reunification  
          period, the preference applies regardless of whether a new  
          placement is required or is otherwise being considered by the  
          dependency court."  (In re Joseph T. (2008) 163 Cal. App. 4th  
          787, 794-95 (citations omitted).)  


          Very recently, an appeals court in the Fourth Appellate District  
          reiterated the relative placement preference in a case where the  
          child welfare agency refused to consider properly a grandmother  
          who had helped raise the foster child and had repeatedly asked  
          for placement, placing the child instead with a nonrelative  
          extended family member and refusing to move the child.  In re  
          Isabella G. (2016) 246 Cal. App. 4th 708.  The grandmother  
          finally had to bring her own motion for change of placement,  
          which requires proof of a change of circumstances.  The court  
          first agreed with Joseph T., holding that the relative placement  
          preference applies after the dispositional hearing even if no  
          new placement is required.  The appellate court went on to hold  
          that a relative does not need to bring his or her own action for  
          placement in order to get assessed for placement.  Rather, the  
          "obligation to assess a relative's home is triggered by the  
          relative's request for placement of the child."  (Id. at 722.)   
          The court concluded that the relative placement preference  
          applied even after the reunification period and even when no new  
          placement is necessary.  The court is still required "to give  
          preferential consideration to a request by the child's relative  








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          for placement, including an assessment of whether placement with  
          a relative is in the child's best interest."  (Id. at 723  
          (emphasis in original).)


          A Legislative Counsel opinion to this bill's author affirms that  
          the relative placement preference applies even when no new  
          placement is needed:  "It is our opinion that under Welfare &  
          Institutions Code section 361.3, a social worker is required to  
          assess each relative who requests placement of a child in foster  
          care after the dispositional hearing through the family  
          reunification period, even if an new placement is not otherwise  
          required . . ."  (Legislative Counsel, Dependent Children:  
          Placement with Relatives, No. 1613338 (May 20, 2016).)


          This bill clarifies state law, consistent with those court  
          decisions and the Legislative Counsel opinion, by deleting the  
          phrase "whenever a new placement of the child must be made,"  
          from the provision requiring assessment of willing relatives  
          post the disposition hearing.  The bill also states the intent  
          of the Legislature 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 or should not be  
          considered for placement.


          Opponents argue that case law is not settled in this area, and  
          that this bill creates a new mandate, as well as both policy and  
          workload concerns.   Opponents, the County Welfare Directors of  
          California (CWDA), Urban Counties of California and LIUNA Locals  
          & 792, argue, however, that the law with respect to relative  
          consideration when a new placement is not required is not fully  
          settled and that therefore this bill imposes new mandates on  
          counties.  In support of this contention, CWDA states that both  
          "In re Lauren R. (148 Cal.App.4th) and In re Cesar V. (91  
          Cal.App.4th) are generally cited in cases that disagree with the  








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          interpretation in Isabella and In re R.T. (232 Cal.App.4th)  
          specifically addresses the differing interpretations of [the  
          relevant Welfare & Institutions Code section] in its discussion  
          and findings."  


          However, none of these cases limit the requirement to assess  
          relatives even when no new placement is needed.  In re Lauren R.  
          (2007) 148 Cal. App. 4th 841 involved whether the relative  
          placement preference applies at the time of adoption proceedings  
          (well after the time period addressed by this bill) when the  
          child wanted to remain with her caregiver.  (It does not.)   
          Ceser V. v. Superior Court (2001) 91 Cal. App. 4th 1023 was  
          based on a post-reunification case when a new placement was  
          necessary.  The court held that even post-reunification (but  
          before parental rights are terminated) the relative preference  
          applies when a new placement is necessary.  That case did not  
          address what is required if a new placement is not necessary.   
          Finally, in In re R.T. (2015) 232 Cal. App. 4th 1284, 1300, the  
          appellate court reversed a lower court for not requiring that a  
          relative be considered for placement.  While that court does  
          state, in dicta, that it is "presently unsettled whether a  
          relative is entitled to preference when requested late in the  
          proceeding, when the child is in a stable placement following  
          the dispositional hearing and termination of reunification  
          services," (emphasis added) the cases the court cites to,  
          including Lauren R., do not support the uncertainty in law that  
          the statement suggests.  Thus, the cases provided by CWDA do not  
          provide precedential support for the contention that a relative  
          is not entitled to preferential consideration even when a new  
          placement is not necessary.  In fact, the only precedential  
          cases on point require that the relatives be assessed, even when  
          no new placement is necessary.  And the counties that are  
          covered by those decisions - including Los Angeles, San Diego,  
          Riverside and San Bernardino Counties - represent over 60  
          percent of the state's child welfare caseload.


          Opponents argue that, regardless of case law, the bill raises  








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          workload and policy concerns.  Regardless of whether case law  
          mandates a relative review when requested, but when no new  
          placement is required, opponents argue that if it is not in the  
          best interest of the child to change placements, relatives  
          should not have to be considered.  Writes LIUNA Locals 777 &  
          792:


            From a policy perspective, the state should prioritize the  
            best interest of the child.  While family placement preference  
            is often in the child's best interest, continual disruption  
            and upheaval is not.  The requirements contemplated in this  
            bill would render placement decisions precarious at best, and  
            would no doubt have a deleterious effect on children in foster  
            care.  From a workload perspective, requiring child welfare  
            staff to consider and assess family placement preference, each  
            time a new family member comes forward, may result [in] child  
            welfare staff expending limited time and resources on tasks  
            which may result in no change, let alone no positive change,  
            for the children in their charge.


          CWDA and LIUNA Locals 777 & 792 oppose the bill unless amended  
          to allow social workers to only have to do the assessment if  
          they determine it is in the child's best interest.  However, it  
          is not clear how the social worker will be able to determine if  
          it is in the child's best interest to assess the relative  
          without at least doing a partial assessment of the relative.   
          Otherwise, even if the child is in a stable placement, the child  
          might lose the opportunity to be in a better placement, say with  
          a loving and supportive grandmother who just moved to town in  
          order to take custody of the child.   


          The Author's office is continuing to work with opponents to  
          attempt to reach consensus.  There are ongoing talks between  
          some of the opponents and the author and supporters in an  
          attempt to create, as a compromise, a pre-assessment review that  
          social workers would be required to perform when a willing and  








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          able relative seeks placement, after the disposition hearing and  
          before termination of reunification services, of a foster child  
          in an existing placement.  The pre-assessment review would  
          consider the child's best interest and whether the relative  
          could enhance the child's life.  No agreement has yet been  
          reached, and as of the writing of this analysis, it is not clear  
          if the parties will be able to find consensus.   


           If the bill passes out of this Committee, it will be sent to the  
          Human Services Committee, giving the author and opponents some  
          additional time in which to attempt to resolve concerns.
          ARGUMENTS IN SUPPORT:  Child advocate supporters, including the  
          Children's Advocacy Institute, write:


            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.


          ARGUMENTS IN OPPOSITION:  Opponents, including several counties,  
          are concerned that having to assess a relative even when making  
          a move may not be in a child's best interest "may not be the  
          best use of resources for already overburdened social workers."


          Advokids, writing in opposition, adds: 









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            Currently 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 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,  
            60 days into a child's stay in foster care.


          It is worth noting that this bill does not in any way limit  
          judicial review of foster care placements and in fact the  
          section that the bill is modifying - Welfare & Institutions Code  
          Section 361.3 - requires the court to review certain factors in  
          potential relative placement and to state its reasons if the  
          relative placement is denied, thus presuming that the court must  
          be involved in any move.  Moreover, the existing statute does  
          indeed specifically require that the factors set forth in  
          Welfare & Institutions Code Section 361.3 (a) be considered as  
          part of any consideration of relative placement.


          Related Pending Legislation:  This bill works in collaboration  
          with two other bills being considered by this Committee today.   
          SB 316 (Mitchell) clarifies and simplifies rules for criminal  
          background checks for foster care placements and makes the rules  
          consistent with federal law.








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


          Prior Legislation:  AB 1761 (Hall, Ch. 765, Stats. 2014)  
          clarified that the placement priority for relatives and NREFM  
          applies both prior to the detention hearing and also 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.


          REGISTERED SUPPORT / OPPOSITION:

          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








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          Juvenile Court Judges of California

          National Association of Social Workers



          Opposition

          Advokids


          County Welfare Directors Association of California (unless  
          amended)


          LUINA Locals 777 & 792 (unless amended)


          Northern California Association of Counsel for Children


          San Diego County


          Urban Counties of California


          Ventura County Board of Supervisors




          Analysis Prepared by:Leora Gershenzon / JUD. / (916) 319-2334
          












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