BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Carole Migden, Chairwoman
218 (Scott)
Hearing Date: 5/16/05 Amended: 4/21/05
Consultant: Lisa Matocq Policy Vote: Judiciary 6-0
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BILL SUMMARY: SB 218 (1) would allow the juvenile dependency
court to designate a dependent child's caretaker as their
"prospective adoptive parent" (PAP) if certain criteria are met,
(2) requires the Department of Social Services (DSS) or a local
public adoption agency to notify a PAP, the court, and the
child's attorney if a placement change is proposed, (3)
authorizes any of these parties to request a court hearing on
the matter, and (4) makes related changes.
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Fiscal Impact (in thousands)
Major Provisions 2005-06 2006-07 2007-08 Fund
DSS Probably not substantial
costs Gen/Fed
Child welfare agencies Probably under $150
annually Gen/Fed/Loc
Courts Probably not substantial
costs General
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STAFF COMMENTS:
Under current law, the court is authorized to terminate the
parental rights of a parent or parents of a child who has been
adjudged a dependent of the court and to determine proper
placement. If adoption is found to be appropriate, the court
may refer the child to DSS or a local public adoption agency for
placement.
Although DSS, or the adoption agency, is responsible for the
custody and supervision of a child waiting for adoption, the
child may remain with a foster parent or relative caretaker.
This bill establishes a process whereby for the court may
designate a dependent child's caretaker as their "prospective
adoptive parent" (PAP) if certain criteria are met. For example,
a PAP must have cared for the child for six months or more,
expressed a commitment to adopt the child, and taken at least
one step toward achieving that goal, such as completing an
adoption home study. In the event that DSS or the adoption
agency propose a placement change, the bill also requires DSS or
the adoption agency to notify the child, the child's attorney,
the court, and the PAP or the current caretaker if that
caretaker would have met the criteria to be designated a PAP on
the date of the notice, any of whom could request a court
hearing to determine if the move is in the child's best
interest. STAFF NOTES that in an emergency situation, such as
where there are allegations of abuse, current law and this bill
provide for immediate removal, without notice.
SB 218
Page two
There are about 6,700 children available for adoption each year.
Relatively few cases would be impacted by the provisions of
this bill. Increased costs to DSS are probably not substantial.
In addition, there are unknown increased costs to local child
welfare agencies for the notification and hearing provisions of
the bill. The bill is not keyed a state mandated local program
because the local child welfare agencies have discretion to move
a child, and therefore, the costs are probably nonreimbursable.
However, for illustrative purposes, if 10%, or 1,340, cases were
affected and each social worker spent an additional hour (at $75
per hour), increased costs to local child welfare agencies would
be $50,250 annually.
Increased costs to Judicial Council for developing new forms and
to the courts for any additional hearings are probably not
substantial. Such hearings would likely be held within a matter
of days or weeks, and thus probably would not result in
significant delays.
SB 166 (Scott) of 2003 contained provisions similar to this
bill. These provisions were not heard in policy committee as
the bill was amended to deal with a different subject matter.