BILL ANALYSIS
SB 1667
Page 1
SENATE THIRD READING
SB 1667 (Kuehl)
As Amended August 21, 2006
Majority vote
SENATE VOTE :38-0
JUDICIARY 8-0 HUMAN SERVICES 5-0
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|Ayes:|Jones, Evans, Laird, |Ayes:|De La Torre, Arambula, |
| |Leslie, Levine, Lieber, | |Bass, Coto, Spitzer |
| |Monta?ez, Tran | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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APPROPRIATIONS 18-0
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|Ayes:|Chu, Sharon Runner, Bass, | | |
| |Berg, Calderon, De La | | |
| |Torre, Emmerson, Haynes, | | |
| |Karnette, Klehs, Leno, | | |
| |Nakanishi, Nation, | | |
| |Oropeza, | | |
| |Ridley-Thomas, Saldana, | | |
| |Walters, Yee | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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 (JV -290) and instructions for filing on any foster
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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 adjudged 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.
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 : According to the Assembly Appropriations
analysis, the local administrative costs associated with this
bill are minor and absorbable. Requiring social workers to
provide caregivers with a copy of the Judicial Council Caregiver
Information Form and instructions is an additional duty and
therefore constitutes a reimbursable state mandate, though these
costs should be minor, potentially in the range of $50,000 to
$100,000.
COMMENTS : This bill allows foster parents and other individuals
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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."
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 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.
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
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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."
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.
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. 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.
This bill further contains language to address chaptering
conflicts with SB 678, AB 1774, and AB 1808.
SB 1667
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Analysis Prepared by : Manuel Valencia / JUD. / (916) 319-2334
FN: 0016295