BILL ANALYSIS Ó SB 1336 Page 1 SENATE THIRD READING SB 1336 (Jackson) As Amended August 25, 2016 Majority vote SENATE VOTE: 38-1 ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Judiciary |8-0 |Mark Stone, Wagner, | | | | |Chau, Chiu, | | | | |Gallagher, | | | | | | | | | | | | | | |Cristina Garcia, | | | | |Holden, Ting | | | | | | | |----------------+-----+----------------------+--------------------| |Human Services |5-0 |Bonilla, Arambula, | | | | |Lopez, Mark Stone, | | | | |Thurmond | | | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |19-0 |Gonzalez, Bigelow, | | | | |Bloom, Bonilla, | | | | |Bonta, Calderon, | | SB 1336 Page 2 | | |Daly, Eggman, | | | | |Gallagher, | | | | | | | | | | | | | | |Eduardo Garcia, | | | | |Holden, Jones, | | | | |Obernolte, Quirk, | | | | |Santiago, Wagner, | | | | |Weber, Wood, Chu | | | | | | | |----------------+-----+----------------------+--------------------| |Human Services |5-0 |Bonilla, Lopez, | | | | |Maienschein, Mark | | | | |Stone, Thurmond | | | | | | | | | | | | ------------------------------------------------------------------ SUMMARY: Requires court review of county family finding activities for foster children. Specifically, this bill 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 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. 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 (WIC) 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 SB 1336 Page 3 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. (WIC Section 309; Cal. Rule Ct. 5.695 (f), (g).) 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. (WIC 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. (WIC 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. (WIC Section 361.3.) FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel. COMMENTS: 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 SB 1336 Page 4 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 help children be placed with relatives by requiring 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 finding as to whether the social worker exercised due diligence in conducting the required investigation to identify, locate and notify a child's relatives of the detention. Analysis Prepared by: Leora Gershenzon / JUD. / (916) 319-2334 FN: 0004914