BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 726
                                                                  Page  1

          Date of Hearing:   August 17, 2005

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                   Judy Chu, Chair

                     SB 726 (Florez) - As Amended:  July 6, 2005 

          Policy Committee:                              Human Services  
          Vote:        7-0
                        Judiciary                                 9-0
                        
          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable: Yes          

           SUMMARY  

          This bill authorizes a juvenile court to order a social worker  
          home visit within three months to a family in which a child is  
          placed with a biological non-custodial parent (NCP). In  
          addition, the bill requires a social worker to include a  
          caregiver information form completed by a foster parent in  
          information submitted to a juvenile court judge.

           FISCAL EFFECT  

          Minor absorbable costs to local welfare departments to comply  
          with increased home visits that may result from this bill. 

           COMMENTS  

           1)Rationale  . This bill increases attention paid to the placement  
            of foster children with biological parents who were not  
            present at the time when abuse or neglect occurred which  
            resulted in a child's placement in foster care.  

          According to the author, this bill is in response to an incident  
            which occurred in Bakersfield in 2003 in which a four-month  
            old boy was placed with his father, an NCP whose home had not  
            been thoroughly evaluated for child safety and  
            appropriateness.  Later, the child died as a result of  
            physical abuse by his father. This bill will increase scrutiny  
            paid to biological parents who wish to take custody from  
            foster parents by authorizing the court to require a home  
            visit and emphasizing foster parents' opportunities to  
            influence such placements. 

           2)Existing Law  . Children are eligible for foster care grants if  
            they are living with a foster care provider under a court  





                                                                  SB 726
                                                                  Page  2

            order or a voluntary agreement between the child's parent and  
            a county welfare department. The California Department of  
            Social Services (DSS) provides oversight for the  
            county-administered foster care system. County welfare  
            departments make decisions regarding the health and safety of  
            children and have the discretion to place children with family  
            members or non-related caregivers. 

          Under current law, if a court places a child with a parent, it  
            may continue jurisdiction over the child or it may terminate  
            jurisdiction. This bill creates a middle ground in which the  
            jurisdiction question is answered, in part, by the home visit,  
            if required. 

           Analysis Prepared by  :    Mary Ader / APPR. / (916) 319-2081