BILL ANALYSIS
AB 2195
Page 1
ASSEMBLY THIRD READING
AB 2195 (Bass)
As Amended May 26, 2006
2/3 vote
HUMAN SERVICES 6-0 APPROPRIATIONS 14-4
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|Ayes:|Evans, Berg, Bass, Coto, |Ayes:|Chu, Bass, Berg, |
| |Nation, Nakanishi | |Calderon, |
| | | |De La Torre, Karnette, |
| | | |Klehs, Leno, Nakanishi, |
| | | |Nation, Oropeza, |
| | | |Ridley-Thomas, Saldana, |
| | | |Yee |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Sharon Runner, Emmerson, |
| | | |Haynes, Walters |
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SUMMARY : Establishes procedures for emergency assessment and
approval of relative or non-relative caregivers when the primary
foster care giver becomes unable to provide care. Specifically,
this bill :
1)Specifies that when the sudden unavailability of a foster
caregiver requires an emergency change in placement for a
dependent child, the assessment of a willing and able relative
or non-relative extended family member shall be initiated.
2)Requires that the assessment include an in-home safety
inspection and a criminal records check on all adults living
in the home.
3)Allows that upon completion of this assessment, the child may
be placed in the home.
4)Requires the county welfare department to evaluate and approve
or deny the assessed home for purposes of foster care
eligibility using the same standards set forth in regulation
for the licensing of foster family homes.
5)Allows that if the adults in the assessed home meet all other
AB 2195
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conditions for approval except the receipt of the Federal
Bureau of Investigation's criminal history information, the
county welfare department may approve the home, and document
that approval with a signed statement from each adult
attesting to the fact that he or she has never been convicted
of a crime other than a traffic infraction.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, this bill will primarily attract extended
family members of the 37,000 current relative caregivers. If
10% of the children living with relative caregivers need an
emergency placement each year, the cost would be about $2.5
million to assess the homes of approximately 3,700 potential
emergency caregivers.
COMMENTS : According to the author, "(c)urrent law is unclear as
to the ability of a county to place a child on an emergency
basis with a relative or non-related extended family member
(NREFM) throughout the child's stay in foster care. Ideally, a
foster child should not experience multiple changes of
placement. Through the concurrent planning process, a foster
child should be placed as early as possible with the caregiver
who will provide a permanent home should reunification fail."
When an emergency occurs and the existing caregiver cannot care
for the child, counties must find another home for the child.
If at all possible, counties prefer to place the child with
another relative or non-related extended family member.
Placement with a known relative or extended family member can
significantly ease the trauma that foster children experience
when their placements are unexpectedly disrupted.
In some cases, the county may need to place the child on an
emergency basis with another relative or non-related extended
family member. Current law provides for emergency placements
with relatives and extended family members as long as they meet
the following requirements in order to ensure child health and
safety: criminal records clearances using CLETS and CACI,
in-home inspection, assessment of caregiver's ability to parent
and provision of caregiver training orientation and personal
rights assurances
According to the bill sponsors, "(r)ecently, the existing law
has been interpreted as allowing counties to make emergency
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placements with relatives or non-related extended family members
only at the very beginning of a child's placement into foster
care. If a sudden need arises and the child must be quickly
moved to a new placement later on, emergency placement is not
being allowed."
This bill would clarify existing law to allow the use of
emergency placements throughout a child's stay in foster care.
The four health and safety checks listed above would be required
for all emergency placements, both at the beginning of a case
and during the case. Immediately upon placement of the child
with the relative or non-relative extended family member on an
emergency basis, the county would be required to complete the
full approval process in order for the child to remain in the
home on an ongoing basis.
Analysis Prepared by : Caitlin O'Halloran / HUM. S. / (916)
319-2089
FN: 0014946