BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
743 (Portantino)
Hearing Date: 08/12/2010 Amended: 07/15/2010
Consultant: Jacqueline Wong-HernandezPolicy Vote: H Svcs 3-0;
Judicary 4-0
_________________________________________________________________
____
BILL SUMMARY: AB 743 would make changes to the standards for
sibling visitation, interaction, and placement for children who
are placed out-of-home, in foster care, or adoption.
Specifically, this bill: 1) Requires a placing agency to notify
a dependent child's attorney and provide specified information
no later than the close of the following business day of a
decision to place, or change the placement of, the child; 2)
requires, absent emergency circumstances, a placing agency to
notify the child's attorney and siblings' attorneys at least 10
days prior to the change in placement of a dependent child, if
the change will result in the separation of siblings, as
specified; 3) requires, in an emergency, a placing agency to
provide notice no later than the next business day following the
change of placement; 4) requires a notice that is given after
the change in placement to include information on the child's
address, telephone number, and caregiver; 5) requires a notice
that is given prior to a change in placement to include this
same information to the extent that the information is known; 6)
requires court orders for foster care placement to provide for
sibling visitation, unless the court finds by clear and
convincing evidence that sibling interaction is "contrary to the
safety and well-being" of any of the siblings, and would apply
the same standard to requirements to facilitate sibling
interaction in adoption cases, and to place siblings together in
out-of-home placements; 7) provides that when the required
notice is given prior to a change of placement, the notice shall
include information regarding the child's address, telephone
number, and caregiver, to the extent they are known at the time
the placing agency is providing notice. When the required
notice is given after the placement, this bill would provide
that the notice must include all of the items of information.
_________________________________________________________________
____
Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12 2012-13
Fund
Codifies federal compliance Costs not attributable
to this bill General
Mandated notifications $160*
$320** $320** General
$86
$172 $172 Federal
*If the Commission on State Mandates determines that the
notification mandate is not reimbursable, the state cost would
be reduced to $112,000 GF, with a county cost of $48,000.
** If the Commission on State Mandates determines that the
notification mandate is not reimbursable, the state cost would
be reduced to $224,000 GF, with a county cost of $96,000.
_________________________________________________________________
____
STAFF COMMENTS: SUSPENSE FILE.
The Fostering Connections to Success and Increasing Adoptions
Act requires states to use "reasonable efforts" to place
siblings together, unless such placement is contrary to their
safety or well-being. (42 U.S.C. Sec. 671(a).) In contrast,
state law contains various standards for determining whether to
place siblings together or provide for
Page 2
AB 743 (Portantino)
visitation, including "detrimental to either child," "not in the
best interest of one or more siblings," and "not appropriate."
(Wel. & Inst. Code Secs. 362.1, 16002.) This bill would
primarily codify the federal standard, thus clarifying that
sibling placement and visitation is appropriate in cases where
such placement or visitation is not contrary to the safety or
well-being of the children. The placement decision provisions of
this bill are largely already federal law, and being implemented
at the local level. This bill would place them in state statute.
This bill increases notification requirements, beyond what is
required in federal law, imposing a new state mandate on local
child welfare agencies. Current law requires notice to a
dependent child's attorney when a decision is made about the
child's placement or change of placement. (Wel. & Inst. Code
Sec. 16010.6.) This bill would require that, absent an
emergency, a child's attorney and the attorneys for all the
child's siblings, be notified at least ten days before a
proposed separation of siblings who have been placed together.
For placement changes initiated by the foster care provider, the
notice would have to be provided by the end of the next business
day after the placing agency receives notice from the provider.
In the event of an emergency, the placing agency would have to
provide notice as soon as possible, but no later than the close
of the first business day following the change of placement.
Finally, this bill would also require the notice provided to the
children's attorneys to contain the child's address, telephone
number, and caregiver when the information is available at the
time notice is provided. If notice is provided after the change
in placement has occurred, this bill would require that it
contain all of the specified items of information.
The expansion of duties related to foster care is a direct state
cost, because the state pays a share of foster care services
provided at the local level (with the majority being paid by the
federal government). It is also likely that the Commission on
State Mandates will determine that the new notification
requirements constitute a reimbursable state mandate, in which
case, the state will also reimburse counties their share of cost
for these new services.