BILL ANALYSIS
SENATE JUDICIARY COMMITTEE
Senator Joseph L. Dunn, Chair
2005-2006 Regular Session
SB 1667 S
Senator Kuehl B
As Amended March 29, 2006
Hearing Date: April 4, 2006 1
Welfare and Institutions Code 6
BCP:rm 6
7
SUBJECT
Dependent Children
DESCRIPTION
This bill facilitates foster parent involvement in
dependency review hearings by requiring social workers to
serve a copy of the Judicial Council Caregiver Information
Form and instructions on how to file the form along with a
summary of recommendations regarding the foster child.
Additionally, foster parents and other individuals are
authorized to attend and provide written evidence in post
permanency planning hearings.
BACKGROUND
Children facing serious physical, sexual, or emotional
abuse and neglect can become dependents of the court.
These dependent children are placed under the jurisdiction
of the juvenile court. Prior to a decision about permanent
placement, many of these children are temporarily placed
with foster families. During their time with the foster
child, foster parents gain valuable information that may be
useful to the juvenile court. Many foster parents lack
knowledge on how to convey this information for use in
dependency proceedings. This bill seeks to facilitate
their involvement by requiring service of the Judicial
Council Caregiver Information Form and instructions for
filing that form by the social worker.
Due to the sensitive nature of the proceedings, juvenile
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dependency hearings are closed to all but a select group of
individuals. Federal law conditions receipt of certain
funding upon providing foster parents access to all
dependency review proceedings regarding their child.
California's implementation of the federal requirement is
piecemeal, providing foster parents with notice in some but
not all dependency hearings. This bill seeks to close one
of the gaps in existing law by authorizing foster parents
and other individuals to attend post permanency planning
hearings.
CHANGES TO EXISTING LAW
1.Existing law allows the juvenile court to adjudge a minor
child to be a "dependent" of the court. The purpose of
dependency proceedings are to protect children from
physical, sexual, or emotional abuse and neglect. [Welf.
& Inst. Code 300 et. seq.]
Existing law allows a social worker under the direction
of the juvenile court to temporarily place a child
adjudged a dependent of the court. [Welf. & Inst. Code
306.]
Existing rules of court require all juvenile court
proceedings to be held in special or separate session.
Attendance is limited to parents, adult relatives in the
state, probation officers, representative of an Indian
child's tribe, and other specified individuals. Foster
parents are not permitted in those proceedings unless
specifically authorized by statute. [Rules of Court
1410.]
Existing law does not require foster parents to be
parties to dependency proceedings. De facto parents, and
prospective adoptive parents can be made parties to a
dependency proceeding, providing them the right to attend
all hearings, counsel and to present evidence. [Rules of
Court 1412(e); Fam. Code 8542.]
Existing law gives foster parents, relative caregivers
and certified foster parents the right to notice,
attendance, and submission of written evidence they deem
relevant for certain dependency review hearings. Social
workers are required to serve a copy of their
recommendations on foster parents, or relative
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caregivers, at least 10 days prior to a dependency review
hearing. [Welf. & Inst. Code 293, 366.21, 366.22.]
This bill would require service of the Judicial Council
Caregiver Information Form (JV -290) and instructions for
filing on any foster parents, or relative caregivers in
addition to the social worker's recommendations.
2.Existing law is silent on the right of attendance and
submission of written evidence by foster parents,
relative caregivers, community care facilities, and
foster family agencies with physical custody of the child
in post permanency planning hearings. [Welf. & Inst.
Code 293, 295, 366.3.]
This bill would authorize any foster parent, Indian
custodian, relative caregiver, community care facility or
foster family agency with physical custody of a child to
attend all juvenile dependency court post permanency
planning hearings for that child.
This bill would allow the above individuals to submit
written information they deem to be relevant to the
court.
COMMENT
1. Stated need for the bill
According to the author, many "concerned" parties are
given the right to be present and submit information at
dependency court proceedings. "In the case of foster
parents, however, even though they may be in an ideal
position to evaluate foster youths' needs and to advocate
for their best interests, access to . . . dependency
court proceedings is, at best, inconsistent."
Furthermore, "[e]ven when foster parents are legally
authorized to submit information, they often lack the
knowledge of the court process that would allow them to
submit pertinent information on their foster child's
wellbeing." Sponsor, Legal Advocates for Permanent
Parenting (LAPP), adds that "lack of input from relatives
and foster parents caring for dependent children
undermines quality decision making in California juvenile
courts." As a result, "children may not receive
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appropriate services or, in extreme cases, suffer injury
or death when information from their caregivers is
excluded from the court decision making process."
To solve these problems, this bill proposes to
specifically authorize foster parent attendance at post
permanency planning hearings, and provide foster parents
with the proper Judicial Council form and instructions to
facilitate their involvement.
2. Information for foster parents
Legally inexperienced foster parents often do not know
their rights with regard to their foster children. Since
they generally do not become parties, they do not have a
right to counsel and are left to navigate the legal
system without direction.
This bill proposes to aid foster parents by providing
them with the appropriate Judicial Council form and
instructions for filing the form with the court. Prior
to a dependency review hearing, foster parents and
relative caregivers would be served with those items
along with the social worker's recommendations for the
child. The concise, two page Caregiver Information Form
(JV-290) allows for caregiver input on the child's
medical, dental, or physical health, education,
adjustment to living arrangement, social skills, peer
relationships, special interests, activities and any
other helpful information. Additional information sheets
can be attached as needed. Once the foster parent has
filled out the form, they can follow the attached
directions to deliver that information to the court.
For example, a child is removed from an abusive
environment and placed with a foster family. During the
next several months, the foster parents notice certain
behavioral, social, and physical problems that may
indicate prior abuse. Planning for the six month
hearing, the social worker visits and prepares
recommendations for the child's future. The foster
parents are then served with these recommendations, along
with notice of the hearing and their right to attend. In
addition, under this bill, the foster parents receive the
Caregiver Information Form, and instructions for filing
the document. The foster parents, without any legal
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experience, are able to convey their concerns of abuse to
the juvenile court.
According to the author, by receiving this "concise but
comprehensive form . . . [this bill] promotes and
streamlines the valuable contributions of foster parents
to their foster child's dependency court proceedings." In
return, the court benefits from the additional
information provided.
3. Attendance and right to be heard not equal to party
status
This bill conforms foster parent's rights in post
permanency dependency plan hearings to other dependency
proceedings. Absent this change, a plausible argument
could be made that foster parents have no right of
attendance or submission of evidence at these hearings.
This does not give foster parents the right to become
parties to the action, a right generally not conferred by
federal or state law. The court may grant them party
status, but is not required to do so.
Foster parents must have either "de facto parent" or
"prospective adoptive parent" status to have the right to
become a party in dependency proceedings. De facto
parent status is granted by the court after considering
the psychological bonding of the child to the foster
parent, provision of day-to-day necessities of the child
for an extended period of time, and possession of unique
information about the child. [In re Brittany K. (2005)
127 Cal. App. 4th 1497, 1514.] Prospective adoptive
parent status is granted to individuals who have filed,
or plan to file, a petition for adoption after
termination of parental rights of the child.
Once an individual has party status, they generally have
a right to be present at all hearings, may present any
evidence, cross examine witnesses and be represented by
counsel. Foster parents, under both the proposed and
current scheme, are not required to attend hearings,
courts may choose not to hear evidence presented, may not
cross-examine witnesses and do not have a right to
counsel unless they qualify as a de facto or prospective
adoptive parent.
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There are various reasons not to grant foster parents
party status to juvenile dependency actions. Foster
parents, by their very nature, are meant to be temporary
caregivers for the child. Once foster parents either
care for the child for an extended period of time, or
begin adoption proceedings, they are granted either de
facto parent or prospective adoptive parent status
accompanied by the right to become a party. As parties
in juvenile dependency proceedings are guaranteed
counsel, allowing all foster parents to become parties
creates the problem of how to fund or otherwise provide
for their counsel.
Existing provisions allowing attendance and submission of
written evidence properly balance their role in the
child's life with judicial economy.
4. Other parties provided notice
In addition to the aforementioned foster parents, this
bill specifically authorizes Indian custodians, relative
caregivers, community care facilities or foster family
agencies with physical custody to attend juvenile
dependency permanent plan hearings, and submit written
evidence.
Existing law already gives Indian custodians the right to
intervene in juvenile dependency proceedings. While
Indian custodians would likely prefer for the tribe to
intervene in these situations, this bill would provide an
alternative course of action.
Community care agencies, not authorized under other
statutes, would be the main group that gains a right to
attend hearings and submit relevant evidence.
5. Chaptering out conflict with SB 678
This bill currently conflicts with SB 678 as both bills
amend Welfare and Institutions Code Section 295. In
order to avoid chaptering out problems, these bills
should be amended.
Support: American Federation of State, County and
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Municipal Employees
(AFSCME); California State Care Providers
Association; Family Law Section, State Bar of
California; Foster Parents Association of Santa
Cruz County; Legal Advocates for Permanent
Parenting; National Center on Youth Law (NCYL);
Straight From The Heart Inc.; six individuals
Opposition: None Known
HISTORY
Source: Author
Related Pending Legislation: SB 678 (Ducheny), would
revise and recast
Family, Probate, and Welfare &
Institutions Code sections by
codifying portions of the Indian
Child Welfare Act (ICWA) and Bureau
of Indian Affairs (BIA) guidelines.
Prior Legislation: SB 1956 (Polanco), Chapter 416,
Statutes of 2002, recast
provisions of the Welfare and
Institutions Code regarding notice.
SB 1357 (Scott), Chapter 858, Statutes
of 2004, altered adoption provisions
relating to presumed fathers, removed
children born and placed within the state
from the Interstate Compact on the
Placement of Children.
AB 2807 (Steinberg), Chapter 810,
Statutes of 2004, corrected errors and
cleaned up provisions including dependency
orders for long-term care.
AB 408 (Steinberg), Chapter 813,
Statutes of 2003, required inclusion of
individuals important to a child in the
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case plan for certain children.
AB 579 (Chu), Chapter 558, Statutes of
2000, required notice to siblings of
dependent children of proceedings.
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