BILL NUMBER: AB 880 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Cohn
FEBRUARY 18, 2005
An act to amend Section 300.2 of, and to add Sections 361.31,
361.32, 361.33, and 361.34 to, the Welfare and Institutions Code,
relating to dependent children.
LEGISLATIVE COUNSEL'S DIGEST
AB 880, as introduced, Cohn. Dependent children.
Existing law provides for the placement of dependent children by
the juvenile court according to specified procedures.
This bill would specify that when the return of a dependent child
to his or her parent is not possible and placement of the child is
being considered, the primary purpose of the law with respect to
dependent children is to identify family members who may be able to
safely care for the child. The bill would also set forth various
requirements for the State Department of Social Services to ensure
that as many family members of dependent children are identified,
including the development of a grant proposal for at least 2 pilot
projects to assist family member caregivers, as specified, and the
preparation of a report to the Legislature and the Governor on the
pilot projects within one year of their implementation. The bill
would also require the department to establish an oversight
committee, as specified, to monitor, guide, and report on family
member care recommendations and implementation activities, specify
how the committee shall be comprised, and require the oversight
committee to report to the Legislature and the Governor on the status
of family member care issues on or before January 1, 2007.
The bill would impose a state-mandated local program by requiring
social workers to meet further requirements regarding a dependent
child's case record.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 300.2 of the Welfare and Institutions Code is
amended to read:
300.2. (a) Notwithstanding any other
provision of law, the purpose of the provisions of this chapter
relating to dependent children is to provide maximum safety and
protection for children who are currently being physically, sexually,
or emotionally abused, being neglected, or being exploited, and to
ensure the safety, protection, and physical and emotional well-being
of children who are at risk of that harm. This safety, protection,
and physical and emotional well-being may include provision of a full
array of social and health services to help the child and family and
to prevent reabuse of children. The focus shall be on the
preservation of the family as well as the safety, protection, and
physical and emotional well-being of the child. The provision of a
home environment free from the negative effects of substance abuse is
a necessary condition for the safety, protection and physical and
emotional well-being of the child. Successful participation in a
treatment program for substance abuse may be considered in evaluating
the home environment. In addition, the provisions of this chapter
ensuring the confidentiality of proceedings and records are intended
to protect the privacy rights of the child. (b) When the return
of a dependent child to his or her parent is not possible and
placement of the child is being considered, the primary purpose of
this chapter is to identify family members who may be able to safely
care for the child. To this end, all professionals having interaction
with a child who is described in this section shall take steps to
identify, contact, and engage family members, as defined in paragraph
(2) of subdivision (c) of Section 361.3, who may be potential
caretakers or support persons for the child.
SEC. 2. Section 361.31 is added to the Welfare and Institutions
Code , to read:
361.31. (a) In order to ensure that as many family members as
possible have been identified so that the requirements of Section
361.3 can be fully carried out, the following steps shall be taken:
(1) The State Department of Social Services shall plan, design, and
implement strategies to prioritize the placement of children with
willing and able family members when out-of-home placement is
required.
(2) These strategies shall include at least the following:
(A) Development of standardized, statewide procedures to be used
when searching for family members of children prior to out-of-home
placement. The procedures shall include a requirement that
documentation be maintained in the child's case record that
identifies family members, and documentation that identifies the
assessment criteria and procedures that were followed during all
family member searches. The procedures shall be used when a child is
placed in out-of-home care under the authority of Section 361, when a
petition is filed pursuant to Section 300, when a child is placed in
out-of-home care under Section 305, or when a child is placed under
a voluntary placement agreement.
(B) To assist with implementation of the procedures, the
department shall request that the juvenile court require parents to
disclose to the department all contact information for available and
appropriate family members within two weeks of the date an order is
entered. For placements under signed voluntary agreements, the
department shall encourage the parents to disclose to the department
all contact information for available and appropriate relatives
within two weeks of the date the parent signs the voluntary placement
agreement. Additionally, the department and the attorney or guardian
ad litem for the child shall inquire of children of sufficient age
concerning family members.
(3) The department shall develop of procedures for conducting
active outreach efforts to identify and locate family members during
all searches. The procedures shall include at least the following
elements:
(A) Reasonable efforts to interview known relatives, friends,
teachers, the child, and other identified community members who may
have knowledge of the child's relatives, within 60 days of the child
entering out-of-home care.
(B) Increased use of those procedures determined by research to be
the most effective methods of promoting reunification efforts,
permanency planning, and placement decisions.
(C) Contacts with relatives identified through outreach efforts
and interviews under this subdivision as part of the permanency
planning activities and change of placement discussions.
(D) Establishment of a process for ongoing contact with family
members who express interest in being considered as a placement
resource for the child.
(E) A requirement that when the decision is made to not place the
child with any relative, the department provides documentation as
part of the child's individual service and safety plan that clearly
identifies the rationale for the decision and corrective action or
actions the family member shall take to be considered as a viable
placement option.
(F) A requirement that the department take all reasonable steps
immediately to determine paternity issues and that the juvenile court
assist in this determination by making inquiry and appropriate
orders as soon as paternity issues come to the court's attention.
Those reasonable steps shall include prompt paternity testing of
alleged fathers.
(b) This section shall also apply to all foster children who are
not residing with relatives.
(c) Nothing in this section shall be construed to create an
entitlement to services or to create judicial authority to order the
provision of services to any person or family if the services are
unavailable or unsuitable, or the child or family is not eligible for
those services.
SEC. 3. Section 361.32 is added to the Welfare and Institutions
Code , to read:
361.32. (a) The State Department of Social Services shall
collaborate with one or more nonprofit community-based agencies to
develop a grant proposal for submission to potential funding sources,
including governmental entities and private foundations, to
establish a minimum of two pilot projects to assist family member
caregivers with understanding and navigating the system of services
for children in out-of-home care. The proposal shall seek to
establish at least one of these projects in Los Angeles County. (b)
The family member care navigators funded through the proposal shall
be responsible for at least the following:
(1) Understanding the various state agency systems serving family
member caregivers.
(2) Working in partnership with local community service providers.
(3) Tracking trends, concerns, and other factors related to family
member caregivers.
(4) Assisting in establishing stable, respectful relationships
between family member caregivers and department staff.
(c) Implementation of the family member care navigator pilot
project is contingent upon receipt of the federal or private funding
for that purpose.
SEC. 4. Section 361.33 is added to the Welfare and Institutions
Code , to read:
361.33. The State Department of Social Services shall report to
the Legislature and the Governor on the implementation of the family
member care navigator pilot projects with recommendations on
statewide implementation of the pilot projects within one year
following implementation of the pilot projects. The report shall
include data that demonstrates whether the pilot project has reduced
actual barriers to access to services, identify statutory and
administrative barriers for the family members who give care, and
recommend ways to reduce or eliminate the barriers without adverse
consequences to children placed with family members.
SEC. 5. Section 361.34 is added to the Welfare and Institutions
Code , to read:
361.34. (a) Within existing resources, the State Department of
Social Services shall establish an oversight committee to monitor,
guide, and report on family member care recommendations and
implementation activities. The committee shall do all of the
following:(1) Draft a family member care definition that is
restricted to persons related by blood or marriage, including
marriages that have been dissolved, or for a minor defined as an
"Indian child" under the federal Indian Child Welfare Act (25 U.S.C.
Sec. 1901 et seq.), the definition of "extended family member" under
the federal Indian Child Welfare Act, together with a set of guiding
principles. If the committee concludes that one or more programs or
services would be more efficiently or effectively delivered under a
different definition of family member, it shall state what definition
is needed, and identify the programs or services in the report. It
shall also provide evidence of how the program or service will be
more efficiently and effectively delivered under the different
definition. The department shall not adopt rules or policies changing
the definition of family member without authorizing legislation.
(2) Monitor the implementation of recommendations contained in any
report on the progress of the pilot projects.
(3) Partner with nonprofit organizations and private sector
businesses to guide a public education awareness campaign on family
member care issues.
(4) Assist with developing future recommendations on family member
care issues.
(b) The oversight committee shall consist of a minimum of 30
percent family member caregivers, who shall represent a diversity of
kinship families, and provide statewide representation with
geographic, ethnic, and gender diversity. Other members shall include
representatives of the department, representatives of relevant state
agencies, representatives of the private nonprofit and business
sectors, child advocates, at least one representative from the
California Youth Connection, representatives of the California state
Indian tribes, as defined under the federal Indian Welfare Act (25
U.S.C. Sec. 1901 et seq.), and representatives of the legal or
judicial field. Birth parents, foster parents, and others who have an
interest in these issues may also be included.
(c) To the extent funding is available, the department may
reimburse nondepartmental members of the oversight committee for
costs incurred in participating in the meetings of the oversight
committee.
(d) The family member care oversight committee shall report to the
Legislature and the Governor on the status of family member care
issues on or before January 1, 2007.
SEC. 6.
If the Commission on State Mandates determines that this act
contains costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part
7 (commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.