BILL ANALYSIS
SENATE HUMAN
SERVICES COMMITTEE
Senator S. Joseph Simitian, Chair
BILL NO: SB 726
S
AUTHOR: FLOREZ
B
VERSION: April 4, 2005
HEARING DATE: April 26, 2005
7
FISCAL: Judiciary / Appropriations
2
6
CONSULTANT:
Hailey
SUBJECT
Dependent children
SUMMARY
This bill subjects a non-custodial parent to the same
criminal record clearance and home visit given to other
prospective foster caregivers when a county's child welfare
services removes a child from the other parent's home.
Also, it makes additional requirements upon the court,
social workers, and parents during the period of family
reunification and family maintenance.
ABSTRACT
Current law:
1. Provides that children may become dependent children of
the juvenile court on the basis of abuse or neglect.
[Welfare and Institutions Code (WIC) Section 300.]
2. Provides that the court must place the child with a
parent who desires the child if it is determined that this
parent was not with the child when the abuse or neglect
occurred and that placing the child with that parent would
not be detrimental to the safety or well-being of the
Continued---
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child. (WIC Section 361.2)
3. Requires that a home visit and a criminal background
check be performed on any prospective guardian, including a
child's relative, whenever a dependent child of the
juvenile court is placed with a person who is not a
licensed or certified foster parent.
4. Requires social workers and other, specified persons or
agencies to prepare social studies, reports, evaluations,
assessments, and supplemental reports for the juvenile
court containing specified information regarding children
who are, or who may become, dependent children of the
juvenile court.
5. Requires county welfare departments to provide family
reunification services to families to enable children to be
reunited with their parents.
6. Requires a county welfare department to provide family
maintenance services in order to maintain the child in his
or her own home for any of the following families:
Families whose children have been adjudicated a
dependent of the court, and where the court has
ordered the county welfare department to supervise
while the child remains in the home;
Families whose children are in potential danger of
abuse, neglect or exploitation, and who are willing to
accept services and participate in corrective efforts,
and when it is safe for the child to remain in the
home;
Families in which the child is in the care of a
previously non-custodial parent, under the supervision
of a juvenile court.
7. Limits family maintenance services to six months, and
may be extended for one six-month increment.
8. Requires the court to review the status of every child
in foster care at least every 6 months, to determine
specified facts concerning the child.
9. Requires that foster parents receive notification of
dependency hearing dates. (Welfare and Institutions Code
Section 366.21)
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10. Allows a foster parent to file a report to the court
before a dependency hearing containing his or her
recommendation for disposition, and requires the court to
consider the report and recommendation prior to any
disposition. [Welfare and Institutions Code Section
366.21(d)]
11. Defines "relative" as an adult related to the child by
blood or affinity, including all relatives whose status is
preceded by the words "step," great," great-great," or
"grand," or the spouse of any of these persons, even if the
marriage was terminated by death or dissolution. (Welfare
and Institutions Code Section 319)
This bill:
1. Adds a non-custodial parent to the definition of
"relative" for the purpose of requiring a home visit and a
criminal background check when a dependent child of the
juvenile court is being placed.
2. Provides that, before ordering reunification with a
dependent child's parent or legal guardian, the court shall
order a social worker to include, in a report to the court,
information obtained from an interview with the foster
parents of a child regarding the needs of the child and the
behavior of the parent or legal guardian of the child as
observed by the foster parents.
3. Requires the court to order a home visit and a written
report regarding the child's living conditions to be
completed within a reasonable period after the child is
reunited with his or her parent or guardian.
4. Provides that if the home visit is not completed within
a reasonable period of time or that the social worker makes
a determination to the court that the home is not clean and
safe and adequate to ensure the safety and protection of
the child, the child shall be removed from the home.
5. Requires the court to order the parent or legal
guardian to complete one or more parenting classes
subsequent to the reunification when the child is less than
six years of age.
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FISCAL IMPACT
Unknown. There will be costs associated with additional
visits and reports.
BACKGROUND AND DISCUSSION
Background:
This bill is the result of a death of a young child in the
author's district who was a dependent of the court as a
result of the abuse or neglect of his mother. The court
placed the child with his father, who up until then was a
non-custodial parent. According to the author, before
placement with his father, the child was placed with foster
parents who do not believe that the placement with the
child's father was appropriate.
Criminal background clearances
According to the Department of Social Services (DSS),
neither custodial nor non-custodial parents are subject to
a criminal records clearance or home inspection when
children who are dependents of the juvenile court are
placed with them. The word "parent" is distinctively used
in statute, and it is not included in the definition of
"relative." This bill would extend the home inspection and
criminal background check to a non-custodial parent in the
event that the court is considering placement of the child
with him or her.
This bill would require both a criminal records clearance
and a home visit prior to the placement of a minor child
with a non-custodial parent.
Family reunification and family maintenance plans and
activities
Current federal and state law gives the juvenile court the
responsibility to oversee family reunification plans and
services as well as family maintenance services once
reunification of child and parent (or guardian) has taken
place. There are many requirements of this plan as well as
latitude to the court to get the information the court
believes it needs in order to make decisions in the best
interests of the child.
This bill adds several specific requirements to the family
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reunification and family maintenance processes: an
interview with the foster parents regarding the needs of
the child and the behavior of the parent or legal guardian
as observed by the foster parent, a report to the court on
that interview that the court must consider before ordering
reunification, a home visit and a report to the court on
that visit within a reasonable time after family
reunification has taken place or the reunification must
cease, a consideration in the report on the home visit of
the cleanliness and safety of the parent or guardian's
home, and the completion by the parent or guardian, within
a reasonable time after reunification has occurred, of at
least one parenting class.
None of these requirements apply to the case that brought
forward this bill proposal. (The child died in the care of
his father during the time that reunification with his
mother was under consideration by the court. No
reunification with her had taken place.)
Legislation named after victims of tragedy
The bill has been amended to call it "Adam's law," after
Adam Sereno, a Bakersfield infant who died in the care of
his father at the age of four months. Because this bill
does not establish a new program, but rather extends
criminal records clearances and home visits to a new group
of persons, the section acknowledging Adam Sereno is
uncodified.
Arguments in support:
The Junior League of California's Public Affairs Committee
argues that reunification with family members should occur
after child welfare services assures the court that the
placement is safe.
Individuals who wrote in support indicated their
understanding that the bill would give foster parents a
right to be heard in court and a voice in the placement of
children for whom they have been caring.
Arguments in opposition:
The Judicial Council opposes the bill because it reduces
the discretion of the juvenile court in its protection of
the welfare of the children under its jurisdiction. The
Council argues that imposing restrictions on placing a
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child with a non-custodial parent will delay a child's
return to a parent and contravene the purpose of the court
to "preserve and strengthen the minor's family times
whenever possible, removing the minor from the custody of
his or her parents only when necessary for his or her
welfare." The Youth Law Center agrees, adding that the
court can currently make determination of a non-custodial
parent's fitness to care for a child.
The Judicial Council also believes that current practices
in family reunification and family maintenance are
sufficient, and a mandated "second home visit" after
reunification is unnecessary. The Council also argues that
post-reunification parenting classes should be
discretionary and that a foster parent interview can be
incorporated into social workers' current reporting
requirements.
The Family Law Section of the State Bar opposes the bill on
the grounds that it is unduly burdensome on social workers.
The Family Law Section also points out that "reasonable"
is not defined in the requirement to make a home visit and
write a report within a reasonable time after reunification
has occurred. They also question the costs to implement
the bill.
COMMENTS AND QUESTIONS
1. Alternative to criminal record clearance. In lieu of
requiring a criminal background clearance and a home visit
to a non-custodial parent, would a better approach be to
require the court to review family court documents relative
to dissolution of marriage and custody, and to acknowledge
that the court has permission to order a criminal
background check and a home visit?
2. Family reunification and family maintenance. The
circumstances of the tragedy that brought this bill to the
author's attention are separate from family reunification
and family maintenance plans and services. Also, current
federal and state law make requirements on the courts and
on county child welfare services where family reunification
and family maintenance are concerned. In these contexts,
are Sections 3 and 4 of the bill necessary?
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3. Technical amendment. If section 3 of the bill
continues to be included, it may be useful to strike the
word "clean" from the determination during a visit
following family reunification that the "home is clean,
safe, and adequate to ensure the continued safety and
protection of the child." Regulations presently set
standards for health and safety, and should be sufficient
to provide guidelines for assessing the continued safety
and protection of the child.
4. Naming legislation after victims of tragedy. The
committee may find it preferable public policy to
memorializing child and adult victims of tragedy in a
letter to the Senate Journal or in Senate resolutions in
order both to honor a victim and to ensure that the
specifics of a tragedy not overshadow consideration of a
proposed law that will be broadly applied.
POSITIONS
SUPPORT: Junior League of California's Public Affairs
Committee
Two individuals
OPPOSITION:Bay Area Dependency Chapter of the California
Appellate
Defense Counsel
Family Law Section of the State Bar of
California
Judicial Council of California
Youth Law Center
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