BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1667|
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THIRD READING
Bill No: SB 1667
Author: Kuehl (D)
Amended: 3/29/06
Vote: 21
SENATE JUDICIARY COMMITTEE : 4-0, 4/4/06
AYES: Dunn, Ackerman, Escutia, Kuehl
NO VOTE RECORDED: Vacancy
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Dependent children
SOURCE : Author
DIGEST : 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.
ANALYSIS : 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.
CONTINUED
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Existing law allows a social worker under the direction of
the juvenile court to temporarily place a child adjudged a
dependent of the court.
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.
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.
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 caregivers, at least 10 days prior to
a dependency review hearing.
This bill requires 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.
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.
This bill authorizes 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 allows the above individuals to submit written
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information they deem to be relevant to the court.
Prior Legislation
SB 1956 (Polanco), Chapter 416, Statutes of 2002, recasts
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 case
plan for certain children.
AB 579 (Chu), Chapter 558, Statutes of 2000, required
notice to siblings of dependent children of proceedings.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 4/25/06)
American Federation of State, County and Municipal
Employees
California Alliance of Child and Family Services
California State Care Providers Association
Family Law Section, State Bar of California
Foster Parents Association of Santa Cruz County
Gay and Lesbian Adolescent Services
Legal Advocates for Permanent Parenting
National Center on Youth Law
Straight From The Heart Inc.
ARGUMENTS IN SUPPORT : According to the author, many
"concerned" parties are given the right to be present and
submit information at dependency court proceedings. "In
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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 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.
RJG:mel 4/25/06 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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