BILL ANALYSIS
SENATE JUDICIARY COMMITTEE
Senator Joseph L. Dunn, Chair
2005-2006 Regular Session
AB 1412 A
Assembly Member Leno B
As Amended May 27, 2005
Hearing Date: July 12, 2005 1
Welfare and Institutions Code 4
MJM 1
2
SUBJECT
Dependent Children
DESCRIPTION
This bill seeks to build upon the policy introduced in AB
408 (Steinberg) Chapter 813, Statutes of 2003, of
encouraging specified older foster children to maintain
relationships with adults who are important to them. This
bill would expand the class of foster children who are
asked about important relationships and encouraged to
maintain those relationships by social workers and courts.
This bill would also allow foster children to participate
in developing their case plans, as appropriate, and
requires children aged 12 or older to review, sign and
receive a copy of their case plan.
BACKGROUND
According to recent studies, children who spend long
periods in foster care are especially at risk for
homelessness, crime, substance abuse, pregnancy, health
problems, and social instability as adults. The risk is
especially high for foster youth who "age out" of foster
care without returning to their families or achieving
permanent placement. The fact that these foster youth have
no dependable relationship with a committed adult to turn
to for help and support after they leave the system
contributes heavily to the risk of these negative outcomes.
(more)
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To address this problem, AB 408 (Steinberg) Chapter 813,
Statutes of 2003, proposed to require all foster children
aged 10 and older to be asked about individuals of
importance to them and social workers to take action to
help the child maintain those relationships. As the bill
made its way through the Legislature, in response to fiscal
concerns about the added workload, it was amended several
times. The class of foster children to whom this
requirement would apply was narrowed. Initially it would
have applied to all foster children at least 10 years old
in any out-of-home placement, then it was narrowed to
children in non-relative placements, and finally applied
only to children placed in group homes for more than six
months. These children were considered to be most at risk
of having their prior relationships with adults severed.
CHANGES TO EXISTING LAW
1. Existing law provides that a child may become a dependent
child of the court because of neglect or abuse. [Welfare
and Institutions Code Section 300.]
Existing law requires the court to review the status of a
dependent child in foster care at least every six months
and consider various factors regarding the child's
placement, the child's case plan, the relationship of the
child with any siblings, and the progress made toward
alleviating the cause of the child's placement in foster
care. [Welfare and Institutions Code Sections 366,
366.21, 366.22, 366.26, 366.3.]
Existing law requires the court to determine, at these
periodic reviews, whether the agency has made reasonable
efforts to maintain relationships between the child and
individuals important to the child, if the child is at
least 10 years old and has been placed in a group home
for at least 6 months. [Welfare and Institutions Code
Sections 366, 366.21, 366.22. 366.26, 366.3]
This bill would require the court to determine if the
agency has made reasonable efforts to maintain
relationships between the child and individuals important
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to the child if the child is at least 10 years old and
been in any out-of-home placement for 6 months.
2. Existing law requires the social worker to file periodic
reports with the court including a discussion of various
issues pertaining to the child's case plan and placement.
[Welfare and Institutions Code Sections 366.1, 366.21.]
Existing law requires these periodic reports to contain a
discussion of the agency's efforts to maintain
relationships between the child and individuals who are
important to the child if the child is at least 10 years
of age and has been placed in a group home for at least 6
months. [Welfare and Institutions Code Sections 366.1,
366.21.]
This bill would require the periodic reports contain a
discussion of the agency's efforts to maintain
relationships between the child and individuals important
to the child if the child is at least 10 years of age and
has been placed in any out-of-home placement for at least
6 months.
3. Existing law requires the agency, when attempting to
identify a potential adoptive parent or potential
guardians for a dependent child, to ask the child to
identify any individuals who are important to the child,
if the child is at least 10 years old and has been placed
in a group home for six months. [Welfare and
Institutions Code Section 366.26.]
This bill would require the agency to ask all children
aged 10 years or older about individuals important to the
child when attempting to identify prospective adoptive
parents or guardians.
4. Existing law provides that children in foster care over
the age of 12 have the right to review their case plans
and to receive information about their placement and case
plan. [Welfare and Institutions Code Section 16001.9.]
This bill would provide that all children in foster care
have the right to be involved in the development of their
case plan and plan for permanent placement and that
children in foster care who are age 12 or older have the
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right to review their case plan and plan for permanent
placement.
5. Existing law provides that the state shall encourage
approaches to child protection that use a team approach
to foster care permitting the biological and foster
family to be part of the team. [Welfare and Institutions
Code Section 16500.1.]
This bill would provide that the state encourage a team
approach to foster care that also allows the child to be
part of the team and ensure that the child is actively
involved in the case plan and permanency planning
process.
6. Existing law specifies how a case plan for a dependent
child shall be developed. [Welfare and Institutions Code
Section 16501.1.]
This bill would provide that the child shall be involved
in developing his or her case plan as age and
developmentally appropriate and shall be given a
meaningful opportunity to state his or her preference for
placement. A child who is at least 12 years old shall be
given the opportunity to review, sign and receive a copy
of the case plan.
This bill would additionally provide that in developing a
case plan, the social worker shall ask any child who is
at least 10 years old and been in an out-of-home
placement for at least 6 months to identify individuals,
other than siblings, who are important to the child.
7. This bill would provide that its provisions shall be
phased-in as specified, subject to appropriations through
the budget process.
8. This bill would make legislative findings that a child's
input in his or her case plan is valuable and necessary
to developing a case plan that best meets the child's
unique needs.
COMMENT
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1. Need for the bill
California Youth Connection (CYC), a statewide
organization of current and former foster youth, has
sponsored this bill to ensure that every foster youth has
the opportunity to develop and maintain a consistent,
secure, and permanent relationship with at least one
adult before they are emancipated from the foster care
system.
Too often, according to the author, it is assumed that no
one wants to adopt or form a long-term commitment to an
older foster child, and accordingly, social workers often
focus their permanency efforts on younger children.
However, over half of the children in foster care are
over age 11 and will remain in foster care for the
majority of their childhood. In fact, older foster youth
want and need permanency as much or more than younger
children, says CYC, because they are that much closer to
the time when they will leave the foster care system,
losing its services and support, and being on their
own-alone. It is vitally important for these children to
develop and maintain relationships with committed adults
to whom they can turn when they encounter the
difficulties of independent life.
2. This bill would require social workers and courts to
ensure children maintain relationships with committed
adults
Current law requires social workers to ask a foster child
who is at least 10 years old and who has been placed in a
group home for at least 6 months about people who are
important to the child, other than the child's siblings.
It is expected that the child will be able to identify at
least one person-a teacher, a relative, a neighbor, a
church leader-with whom the child had a significant
connection, with whom the child feels safe. The social
worker is required to take action to help the child
maintain those identified relationships, consistent with
the child's best interest. If it is determined that the
child can no longer be returned to his or her parent, the
social worker shall explore the possibility of one of
those committed adults adopting or assuming guardianship
of the child. The court is currently required to
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evaluate and enforce the social worker's efforts.
This bill would expand these requirements to all foster
children aged 10 and older who have been in any
out-of-home placement for at least 6 months. CYC
maintains that all foster youth are at risk for
relationship instability, not just youth in group homes.
Although older foster youth are taught independent living
skills, independent living is a myth. People live and
thrive interdependently. In the long term, says CYC,
encouraging these relationships reduces reliance on
long-term foster care and can provide the child a support
network beyond what foster care or social workers can
offer. Trying to find a person with whom the child is
already connected to adopt or accept guardianship of the
child is good for the child and increases the likelihood
that a permanent placement will be located for the child.
Emotional permanence is key in ensuring long-term success
of youth leaving foster care. Many youth only have a
relationship with someone who is paid to fulfill a role,
and the relationship only lasts while the youth is in
foster care. Supporters maintain that it is critical to
teach foster youth how to trust again by encouraging
stable and permanent relationships with adults who are
already important to them.
3. This bill would allow all foster children to be involved
in their case plan and permanency planning
Current law provides that a child who is older than 12
years has the right to review and receive a copy of his
or her case plan. This bill would expand the role a
child is allowed to play in developing his or her case
plan or permanency plan. All foster children would have
the right to be involved in the development of their case
plan or plan for permanent placement, as age and
developmentally appropriate. Additionally, this bill
would give children aged 12 and older the right to
receive, review and sign their case plan and receive
information about changes to the plan.
The author and sponsor maintain that foster youth want
and deserve to be involved in the plans for their life
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and living arrangements, as they know who is important to
them and where they may want to live. Each child has
unique needs and allowing the child to play a role in
developing his or her case plan better assures these
unique needs are met.
4. Fiscal concerns have been addressed
Just as when AB 408 (Steinberg) was being considered by
the Legislature, many supporters, including the County
Welfare Directors Association and National Association of
Social Workers agreed wholeheartedly with the policy
proposed by this bill, but were concerned about the
added, unfunded workload for social workers and courts.
To address these concerns, this bill was amended in the
Assembly Appropriations Committee to provide that
implementation of its provisions be phased in according
to a specified schedule. Each phase would only be
implemented when an appropriation is made to fund it.
Accordingly, the requirements of this bill would first
apply to dependent children aged 10 and older who are
placed with a non-relative, then to children aged 10 and
older placed in permanent relative care, and finally to
all dependent children age 10 and older who are in any
out-of-home placement.
Support: County Welfare Directors Association of
California; Juvenile Court Judges of California;
National Center for Youth Law; Youth Law Center;
Family Law Section of the State Bar of California;
AFSCME; California Alliance of Child and Family
Services; California Coalition for Youth; National
Association of Social Workers, California Chapter;
The Alliance for Children's Rights; Alameda County
Foster Youth Alliance; California Association of
Adoption Agencies; Honoring Emancipated Youth;
Inter-Agency Council on Child Abuse and Neglect; Gay
and Lesbian Adolescent Social Services, Inc.; Social
Advocates for Youth; Junior Leagues of California
State Public Affairs Committee; Children's Advocacy
Institute; All Saints Church Foster Care Project;
County of San Diego; four individuals
Opposition: None Known
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HISTORY
Source: California Youth Connection
Related Pending Legislation: None Known
Prior Legislation: AB 408 (Steinberg) Chapter 813,
Statutes of 2003, required social workers to
consult with foster children aged 10 or older
living in group homes for six months or
longer about important relationships with
committed adults.
AB 2807 (Steinberg) Chapter 810, Statutes of
2004, made clarifying and clean-up amendments
to AB 408.
Prior Vote: Senate Human Services (Ayes 6, Noes 1)
Assembly Floor (Ayes 54, Noes 25)
Assembly Appropriations (Ayes 13, Noes 5)
Assembly Judiciary (Ayes 6, Noes 3)
Assembly Human Services (Ayes 6, Noes 0)
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