BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 726|
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UNFINISHED BUSINESS
Bill No: SB 726
Author: Florez (D)
Amended: 7/6/05
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 5-0, 4/26/05
AYES: Maldonado, Aanestad, Alarcon, Alquist, Flores
NO VOTE RECORDED: Simitian, Chesbro
SENATE JUDICIARY COMMITTEE : 6-1, 5/10/05
AYES: Dunn, Morrow, Cedillo, Escutia, Figueroa, Kuehl
NOES: Ackerman
SENATE APPROPRIATIONS COMMITTEE : 11-0, 5/23/05
AYES: Migden, Aanestad, Alquist, Ashburn, Battin, Bowen,
Dutton, Escutia, Florez, Ortiz, Poochigian
NO VOTE RECORDED: Murray, Speier
SENATE FLOOR : 38-0, 5/31/05
AYES: Aanestad, Ackerman, Alarcon, Alquist, Ashburn,
Battin, Campbell, Cedillo, Chesbro, Cox, Denham, Ducheny,
Dunn, Dutton, Figueroa, Florez, Hollingsworth, Kehoe,
Kuehl, Lowenthal, Machado, Maldonado, Margett,
McClintock, Migden, Morrow, Murray, Ortiz, Perata,
Poochigian, Romero, Runner, Scott, Simitian, Soto,
Speier, Torlakson, Vincent
NO VOTE RECORDED: Bowen, Escutia
ASSEMBLY FLOOR : 77-0, 8/25/05 (Passed on Consent) - See
last page for vote
CONTINUED
SB 726
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SUBJECT : Dependent children
SOURCE : Author
DIGEST : This bill CREATES Adams Law to emphasize to
foster parents the importance of providing courts with
information to determine whether a noncustodial parent is
an appropriate placement for a foster child.
Assembly Amendments clarify (1) that it is allowable but
not mandatory for a judge to receive input from a caretaker
prior to the placement of a child, and (2) that it is not
mandatory for the foster parents to complete a report.
ANALYSIS :
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 and 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 his 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 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.
(Seciton 366.21.)
This bill:
SB 726
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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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
Fiscal Impact (in thousands)
Major Provisions 2005-06 2006-07
2007-08 Fund
DSS Minor,
absorbable costs General/
Federal
Local child welfare Unknown mandated, potentially
Local/
reimbursable costs,
probably General
under $150 annually
SUPPORT : (Verified 5/25/05)
SB 726
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Junior Leagues of California
ASSEMBLY FLOOR :
AYES: Aghazarian, Arambula, Baca, Bass, Benoit, Berg,
Bermudez, Blakeslee, Bogh, Calderon, Canciamilla, Chan,
Chavez, Chu, Cogdill, Cohn, Coto, Daucher, De La Torre,
DeVore, Dymally, Emmerson, Evans, Frommer, Garcia,
Goldberg, Hancock, Harman, Haynes, Jerome Horton, Shirley
Horton, Houston, Huff, Jones, Karnette, Keene, Klehs,
Koretz, La Malfa, La Suer, Laird, Leno, Leslie, Levine,
Lieber, Liu, Matthews, Maze, McCarthy, Montanez,
Mountjoy, Mullin, Nakanishi, Nation, Nava, Niello,
Oropeza, Parra, Pavley, Plescia, Richman, Ridley-Thomas,
Sharon Runner, Ruskin, Saldana, Salinas, Spitzer,
Strickland, Torrico, Tran, Umberg, Vargas, Villines,
Walters, Wolk, Wyland, Yee
NO VOTE RECORDED: Negrete McLeod, Nunez, Vacancy
CTW:cm 8/26/05 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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