BILL ANALYSIS
SB 1667
Page 1
Date of Hearing: June 13, 2006
ASSEMBLY COMMITTEE ON JUDICIARY
Dave Jones, Chair
SB 1667 (Kuehl) - As Amended: March 29, 2006
SENATE VOTE : 38-0
SUBJECT : FOSTER CHILDREN: DEPENDENCY HEARINGS
KEY ISSUE : IN ORDER TO ENSURE THAT THE JUVENILE COURT IS
PROVIDED ALL PERTINENT INFORMATION FOR DEPENDENCY HEARINGS,
SHOULD FOSTER PARENTS BE ALLOWED TO ATTEND POST PERMANENCY
PLANNING DEPENDENCY HEARINGS AND BE PROVIDED A COPY OF THE
JUDICIAL COUNCIL CAREGIVER INFORMATION FORM?
SYNOPSIS
This non-controversial bill, sponsored by the Legal Advocates
for Permanent Parenting, allows foster parents and other
individuals to attend and provide written evidence in post
permanency planning dependency hearings. This bill also
requires social workers to serve a copy of the Judicial Council
Caregiver Information Form to foster parents or relative
caregivers, which allows for their input on the child's physical
health, education, social skills and any other helpful
information. The author states that this bill is needed
because, when it comes to foster parents, "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." Supporters, including
the Legal Advocates for Permanent Parenting, the American
Federation of State, County and Municipal Employees and the
Family Law Section, State Bar explain that "lack of input from
relatives and foster parents caring for dependent children
undermines quality decision making in California juvenile
courts." Supporters conclude that, 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." This bill has
no opposition.
SUMMARY : Allows foster parents to attend and provide written
evidence in post-permanency planning hearings and requires
social workers to serve a copy of the Judicial Council Caregiver
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Information Form to foster parents or relative caregivers.
Specifically, this bill :
1)Allows 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. Allows these individuals to submit written information
they deem to be relevant to the court.
2)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 :
1)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. (Welfare & Institutions Code
section 300 et seq.)
2)Allows a social worker under the direction of the juvenile
court to temporarily place a child adjudged a dependent of the
court. (Welfare & Institutions Code section 306.)
3)Requires 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.)
4)Allows de facto parents, and prospective adoptive parents to
be made parties to a dependency proceeding, providing them the
right to attend all hearings, counsel and to present evidence.
Does not require foster parents to be made parties to
dependency proceedings. (Rules of Court 1412(e); Family Code
section 8542.)
5)Provides foster parents, relative caregivers and certified
foster parents the right to notice, attendance, and
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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. (Welfare & Institutions Code sections 293,
366.21, 366.22, 366.23.)
FISCAL EFFECT : As currently in print this bill is keyed
fiscal.
COMMENTS : This bill allows foster parents and other individuals
to attend and, provide written evidence in, post permanency
planning dependency hearings and requires social workers to
serve a copy of the Judicial Council Caregiver Information Form
to foster parents or relative caregivers. 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. According to the author, many concerned
parties are given the right to be present and submit information
at dependency court proceedings. The author explains: "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." The author further
states, "even 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 well-being."
Closed Juvenile Dependency Hearing Notice . Due to the sensitive
nature of the proceedings, juvenile 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
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for some but not all dependency hearings. Legal Advocates for
Permanent Parenting states, "Foster caregivers routinely express
their frustration in not having easy access to the juvenile
court judges who make decisions about children residing in
foster care." 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.
Judicial Council Caregiver Information Form and Instruction.
The 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. Once the foster parent has filled out the
form, they can follow the attached directions to deliver that
information to the court. The foster parents, without any legal
experience, are able to convey their concerns to the juvenile
court. According to the author, this provision "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.
Supporters, including the Legal Advocates for Permanent
Parenting, explain that "lack of input from relatives and foster
parents caring for dependent children undermines quality
decision making in California juvenile courts."
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.
Other Individuals Allowed Attendance of Juvenile Dependency
Permanent Plan Hearings . 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.
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While most of these individuals, or entities, are already
permitted to attend the hearing and submit evidence, community
care agencies are not. 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.
Prior Legislation Regarding the Judicial Council Caregiver
Information Form . In 2005, the Legislature enacted Senator Dean
Florez's SB 726 (Chapter 632, Statutes of 2005) which, among
other things, required 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 via the
Judicial Council Caregiver Information Form. That bill passed
the Assembly Judiciary Committee by a vote of 9-0.
REGISTERED SUPPORT / OPPOSITION :
Support
Legal Advocates for Permanent Parenting (sponsor)
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 Social Services, Inc.
Judicial Council of California
National Center for Youth Law
Straight From the Heart Inc.
10 individuals
Opposition
None on file.
Analysis Prepared by : Manuel Valencia / JUD. / (916) 319-2334
SB 1667
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