BILL ANALYSIS
SB 726
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Date of Hearing: June 28, 2005
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Noreen Evans, Chair
SB 726 (Florez) - As Amended: May 17, 2005
SENATE VOTE : 38-0
SUBJECT : Dependent children.
SUMMARY : Creates "Adam's Law" to emphasize the importance of
and encourage the use of a caregiver information form to be
completed by foster parents and use by the courts in determining
whether a non-custodial parent is an appropriate placement for a
foster child. Specifically, this bill :
1)Allows the court after considering concerns raised by the
caretaker or foster parent regarding the parent with whom the
child was placed following removal to require a home visit to
be made by a social worker within three months.
2)Requires a county social worker to inform a foster child's
caretaker that he or she has a right to provide the court with
input regarding the placement of the child.
3)Requires the county social worker to provide the caregiver
information form to caregivers and request that they provide
any particular information the caregiver might have regarding
the non-custodial parent.
4)Requires the caregiver information form, if completed, to be
attached to the social worker's report or returned to the
court for review and consideration before placement with the
non-custodial parent.
EXISTING LAW
1)Provides that a child may become a dependent of the juvenile
court if the child is at risk of abuse or neglect.
2)Specifies that a court must place a child with a parent who
desires the child it if is determined that this parent was not
with the child when the abuse or neglect occurred and that
placing the child with this parent would not be detrimental to
the safety or well-being of the child.
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3)Provides that county social workers must submit periodic
reports to the court including their recommendations to the
court and the factual basis for their recommendations.
4)Requires that at a hearing in which the court is considering
returning a child to his or her parents, the court must
consider any report filed by foster parents regarding their
recommendation for the placement of the child.
FISCAL EFFECT : According to the Senate Appropriations
committee, there would be unknown costs, but probably less than
$150,000 annually if it took each social worker two hours to
comply with the home visit and notification requirements of the
bill.
COMMENTS : According to the author, "(i)n November 2003 a tragic
incident took place in Bakersfield. A 4-month-old baby boy
named Adam was awarded to his biological father, who was unable
to properly care for him. The father was unemployed and lived
in a small home with several other people. Adam subsequently
died of multiple traumatic injuries due to force trauma at the
hands of his biological father, just weeks after the child was
taken from his foster parents and returned to his father."
Under current law, when a child is removed from a biological
parent, a non-custodial parent may raise claim to the child
without adhering to the same regulations as a relative who may
want to become the custodial guardian of the removed child.
The author notes that this legislation was introduced to protect
children and to prevent an absent, non-custodial parent from
harming a child. Despite the fact that current law requires
county social workers to submit periodic reports and
recommendations to the court, and also requires the court to
consider any report filed by the foster parents regarding their
recommendation for placement of the child, the author suggests
that "(c)urrently, foster-parents are unaware that the caregiver
form is available to them."
The Juvenile Court Judges of California (JCJC), in opposition to
the bill, maintain that "SB 726 would reduce the number of home
visits conducted by social workers for those children placed
with non-custodial parents. JCJC believes that one home visit
in three months is not enough and that?current law adequately
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protects children so long as the judge has discretion?"
Proposed amendments : The Committee may wish to consider
technical amendments to clarify the intent of the bill. The
first suggested amendment would make it clear that it is
allowable but not mandatory for a judge to receive input from a
caretaker prior to placing the child, and the second suggested
amendment makes it clear that that it is not mandatory for the
foster parents to complete the report.
The suggested amendments would make the following changes:
Page 7, lines 23 through 29
(2) Order , after considering concerns raised by the
caretaker regarding the parent, that the parent assume custody
subject to the jurisdiction of the juvenile court and require
that a home visit be conducted within three months. In
determining whether to take the action described in this
paragraph, the court shall consider any concerns that have been
raised by the child's current caregiver regarding the parent.
After the social worker conducts the home visit and files his or
her report with the court, the court may then take the action
described in paragraph (1), (3), or this paragraph. However,
nothing in this paragraph shall be interpreted to imply that the
court must take the action described in this paragraph as a
prerequisite to the court taking the action described in either
paragraph (1) or paragraph (3).
Page 12, line 3:
After "ensure that" add "if the foster parent completes the
form,"
DOUBLE REFERRAL . This bill has been double-referred. Should
this bill pass out of this committee, it will be referred to the
Assembly Judiciary Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
Children's Advocacy Institute (CAI)
Junior Leagues of California State Public Affairs Committee
(SPAC)
SB 726
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Opposition
Juvenile Court Judges of California
Analysis Prepared by : Caitlin O'Halloran / HUM. S. / (916)
319-2089