BILL ANALYSIS
SB 726
Page 1
Date of Hearing: July 5, 2005
ASSEMBLY COMMITTEE ON JUDICIARY
Dave Jones, Chair
SB 726 (Florez) - As Amended: May 17, 2005
As Proposed to be Amended
SENATE VOTE : 38-0
SUBJECT : Dependent children
KEY ISSUES :
1)SHOULD FOSTER PARENTS BE ENCOURAGED TO provide input TO THE
COURT whenever a noncustodial parent is seeking custody of a
child in the foster parents' care?
2)SHOULD DEPENDENCY COURT, when placing a child with his or her
noncustodial parent, BE PERMITTED TO require a home visit with
that noncustodial parent within three months of thE placement?
SYNOPSIS
Under current law, when a child is removed from a parent, a
noncustodial parent may seek placement of that child without
adhering to the same requirements as another relative seeking
guardianship of the child. This bill would encourage a foster
parent to provide input to the social worker and the court
whenever the noncustodial parent is seeking custody of a child
that has been in the foster parent's care. The bill would also
allow a dependency court, when placing a child with his or her
noncustodial parent, to require a home visit with that
noncustodial parent within three months of placement. The
author contends that this bill is necessary to prevent a
noncustodial parent from being able to harm his or her child.
This bill is supported by the Junior Leagues of California
Public Affairs Committee, which contends that it will promote
"the physical and emotional well-being of families." The
Juvenile Court Judges of California oppose the bill because,
they argue, it could reduce home visits and current law already
provides judges with sufficient discretion to protect children.
SUMMARY : Creates "Adam's Law" to emphasize to foster parents
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the importance of providing courts with information to determine
whether a noncustodial parent is an appropriate placement for a
foster child. Specifically, this bill :
1)Allows the court to order a noncustodial parent who is
assuming custody of a child following removal from the other
parent: (1) to be subject to the jurisdiction of the juvenile
court and (2) to have a home visit, made by a social worker,
within three months of placement. In determining whether to
take such action, the court must consider any concerns that
have been raised by the child's current caregiver regarding
the noncustodial parent.
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. 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
noncustodial parent.
3)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
noncustodial 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.
(Welfare & Institutions Code Section 300. All further
references are to this code unless otherwise noted.)
2) Specifies that a court must place a 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 this parent would not be detrimental to
the safety or well-being of the child. (Section 361.2.)
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.
(Sections 366.1, 366.21 and 366.22.)
4) Requires that at a hearing in which the court is
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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. (Section
366.21.)
FISCAL EFFECT : As currently in print, this bill is keyed
fiscal.
COMMENTS : This bill was heard in the Assembly Human Services
Committee on June 28, 2005. At that hearing, a number of
amendments were agreed to, but because of the timing of
legislative deadlines, those amendments could not be taken
before this hearing. As a result, this analysis incorporated
those amendments.
A child may become a dependent of the juvenile court if the
child is determined to be at risk of abuse or neglect. Current
law provides that relatives or other people seeking to have a
dependent child placed with them must meet several requirements,
including a home visit by a social worker. Under current law,
when a child is removed from a biological parent, a noncustodial
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. This bill would encourage foster
parents to provide input to the social worker and the court
whenever a noncustodial parent is seeking custody of a child
that has been in the foster parent's care. The bill would also
allow a court, when placing a foster child with his or her
noncustodial parent, to require a home visit with that
noncustodial parent within three months of placement.
This bill bolsters the current optional use of the "Caregiver
Information Form," which is now available to foster parents to
make comments to the court. Under this bill, social workers are
required to provide the form and ask the foster parents to fill
it out with particular detail to any comments the foster parents
may have with respect to the noncustodial parent now seeking
placement or custody. This form is then attached to the social
worker's report for the court's review and consideration.
This bill is necessary, comments the author, because in November
2003:
[A] tragic incident took place in Bakersfield. A
4-month-old baby boy named Adam was awarded to his
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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.
The author notes that this legislation was introduced to protect
children and to prevent an absent, noncustodial 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 Junior Leagues of California State Public Affairs Committee
supports the bill, believing that it will "promote the physical
and emotional well-being of families."
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 protects children so long as the judge has
discretion." However, under this bill the court would have
discretion to order one of three types of placements with the
noncustodial parent. The court could order placement as set
forth in the bill or it could order one of the two options
provided by current law: 1) give the noncustodial parent
custody and terminate the court's jurisdiction over the child;
or 2) give the noncustodial parent custody subject to the
supervision of the court. In the latter situation, the court
may order that services be provided to the noncustodial parent
so that he or she may later be able to retain custody without
supervision. Rather than remove discretion, this bill provides
the court with an additional alternative.
REGISTERED SUPPORT / OPPOSITION :
Support
SB 726
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Junior Leagues of California State Public Affairs Committee
(SPAC)
Opposition
Juvenile Court Judges of California
Analysis Prepared by : Leora Gershenzon / JUD. / (916)
319-2334