BILL ANALYSIS
AB 743
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 743 (Portantino)
As Amended July 15, 2010
Majority vote
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|ASSEMBLY: |67-0 |(January 27, |SENATE: |33-0 |(August 18, |
| | |2010) | | |2010) |
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Original Committee Reference: HUM. S.
SUMMARY : Requires California to place siblings together when
they have been removed from their parents or guardians unless
that placement is contrary to their safety or well-being
pursuant to the federal Fostering Connections to Success and
Increasing Adoptions Act of 2008 (Fostering Connections Act),
and for notification to be provided to a child's attorney when
there is a change in placement resulting in the separation of
siblings.
The Senate amendments require:
1)The placing agency to make a diligent effort to place siblings
together in the same placement.
2)Notification be provided to a child's attorney when the
placing agency has been informed by the foster youth's
provider in writing of the need for a change in placement that
will result in the separation of siblings.
3)Notification be provided to the child's attorney by the close
of the first business day following an emergency change in
placement.
EXISTING LAW requires:
1)A social worker, where possible and appropriate, to place a
child, who has been removed from his or her parents or
guardian because of abuse or neglect, together with his or her
siblings or half-siblings also being removed. Welfare &
Institutions Code (WIC) Section 306.5.
2)The responsible local agency to make diligent effort in all
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out-of-home placements of dependent children to develop and
maintain sibling relationships. WIC 16002.
3)A placing agency to notify the child's attorney as soon as
possible after the agency makes a decision regarding a
placement or a change of placement for the child. WIC
16010.6.
AS PASSED BY THE ASSEMBLY , this bill required siblings to be
placed together when they have been removed from their parents
or guardians unless that placement is contrary to their safety
or well-being pursuant to the federal Fostering Connections to
Success and Increasing Adoptions Act of 2008 (Fostering
Connections Act).
FISCAL EFFECT : According to the Senate Appropriations Committee
analysis:
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.
COMMENTS : This bill revises existing law to clarify that social
workers must place children in foster care with their siblings
unless a joint placement would be contrary to the safety or
well-being of one of the siblings. This provision ensures that
California is in compliance with the federal Fostering
Connections to Success and Increasing Adoptions Act, which
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requires that states use "reasonable efforts" to place siblings
together unless that is contrary to their safety or well-being.
This bill also establishes a procedure to allow for intervention
if siblings who have been placed together are to be separated.
Existing law requires notice to a dependent child's attorney
when a decision is made about the child's placement or change of
placement. This bill requires that, absent an emergency, a
child's attorney and the attorneys for all the child's siblings,
be notified at least 10 calendar days prior to a proposed
separation of siblings that have been placed together. This
time period will allow the children's attorneys to investigate
the circumstances of the proposed separation and help prevent
siblings from being unnecessarily separated and then reunited
later, after much disruption in their lives.
Analysis Prepared by : Michelle Doty Cabrera / HUM. S. / (916)
319-2089
FN: 0006127