BILL ANALYSIS
SB 1667
Page 1
Date of Hearing: June 27, 2006
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Noreen Evans, Chair
SB 1667 (Kuehl) - As Amended: June 26, 2006
SENATE VOTE : 38-0
SUBJECT : Dependent children.
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
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 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.
2)Allows a social worker under the direction of the juvenile
court to temporarily place a child who is a dependent of the
court.
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.
SB 1667
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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.
5)Provides 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.
FISCAL EFFECT : Unknown.
COMMENTS : When children have encountered serious physical,
sexual, or emotional abuse and neglect they 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. However, many foster parents are
unfamiliar with the process used to convey this information for
use in the dependency proceedings.
This bill seeks to facilitate foster parent involvement by
requiring service of the Judicial Council Caregiver Information
Form and instructions for filing that form by the social worker.
The author states that this bill is needed because, "even
though [foster parents] 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."
SB 1667
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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 foster child. California's
implementation of the federal requirement is piecemeal,
providing foster parents with notice for some but not all
dependency hearings. The sponsors state, "(f)oster 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.
In 2005, the Legislature enacted SB 726 (Flores), 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.
Technical amendment
On page 5 line 40, the term Judicial Council Caregiver Form
should read Judicial Council Caregiver Information Form.
SECOND COMMITTEE OF REFERENCE . This bill was previously heard
in the Assembly Judiciary Committee on June 13, 2006, and was
approved on an 8-0 vote.
REGISTERED SUPPORT / OPPOSITION :
Support
Legal Advocates for Permanent Parenting (sponsor)
American Federation of State, County and Municipal Employees
(AFSCME)
California Alliance of Child and Family Services
California Coalition for Youth (CCY)
California State Care Providers Association
Family Law Section of the State Bar of California
Foster Parents Association of Santa Cruz
Gay and Lesbian Adolescent Social Services, Inc. (G.L.A.S.S.)
Judicial Council of CA
Junior League of California State Public Affairs Committee
SB 1667
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(SPAC)
Los Angeles Superior Court
National Center on Youth Law (NCYL)
Straight From The Heart
10 Individuals
Opposition
None on file.
Analysis Prepared by : Caitlin O'Halloran / HUM. S. / (916)
319-2089