BILL ANALYSIS
AB 938
Page 1
ASSEMBLY THIRD READING
AB 938 (Judiciary Committee)
As Amended June 1, 2009
Majority vote
JUDICIARY 9-0 HUMAN SERVICES 7-0
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|Ayes:|Feuer, Tran, Brownley, |Ayes:|Beall, Ammiano, Tom |
| |Evans, Jones, Krekorian, | |Berryhill, Hall, Logue, |
| |Lieu, Monning, Nielsen | |Portantino, Torres |
|-----+--------------------------+-----+--------------------------|
| | | | |
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APPROPRIATIONS 13-0
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|Ayes:|De Leon, Ammiano, Charles | | |
| |Calderon, Davis, Fuentes, | | |
| |Hall, John A. Perez, Price, | | |
| |Skinner, Solorio, Audra | | |
| |Strickland, Torlakson, | | |
| |Krekorian | | |
|-----+----------------------------+--+--------------------------|
| | | | |
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SUMMARY : Provides relatives of children in foster care with
information on how to assist these children. Specifically, this
bill :
1)Requires that, when a child is removed from his or her parents
and placed in foster care, the child's social worker must,
within 30 days, begin conducting an investigation to identify
and locate the child's grandparents and other adult relatives,
as defined. Requires the social worker to use due diligence
in investigating the names and locations of the relatives,
including asking the child and using the California Parent
Locator Service, in accordance with federal requirements.
2)For all relatives who are located pursuant to #1, above,
requires the social worker to provide, within 30 days,
specified written notification and, when appropriate, oral
notification, except where the relative's history of domestic
violence makes such notification inappropriate. Requires that
AB 938
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the notification explain that the child has been removed from
his or her parents and the various options available to
participate in the care and placement of the child and support
of the child's family. Requires the State Department of
Social Services (DSS) to develop the required notice.
3)Requires the social worker, on or after January 1, 2011, to
provide relatives, notified pursuant to #1, above, with a
relative information form to provide the social worker and the
court with information about the child's needs. Allows the
relative to request to address the court. Requires Judicial
Council to develop the required form by January 1, 2011.
EXISTING LAW :
1)Provides that children may become dependent children of the
juvenile court and removed from their parents or guardian on
the basis of abuse or neglect.
2)When a child has been removed from his or her parents or
guardian because of abuse or neglect and taken into temporary
custody, requires the social worker to immediately investigate
the circumstances of the child and the facts surrounding the
child being taken into custody. Provides a process whereby
able and willing relatives may seek placement of the child
pending the detention hearing.
3)Requires the court to examine the parents, guardian or other
individuals with relevant knowledge of the child at the
initial petition hearing. Requires the court to order the
parent to disclose to the social worker the names and address
of any maternal or paternal relatives.
4)Requires the social worker to provide to the court, in advance
of the disposition hearing, a social study or evaluation of
the child, which shall include, among other things,
information about the child's siblings and the appropriateness
of any relative placement.
1)FISCAL EFFECT : According to the Assembly Appropriations
analysis, costs associated with this legislation would be
minor and absorbable within existing resources.
COMMENTS : This Judiciary Committee bill, sponsored by the
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Judicial Council, seeks to ensure better outcomes for children
in foster care by implementing a requirement of the federal
Fostering Connections to Success and Increasing Adoptions Act
(the Fostering Connections Act) that seeks to help ensure that
children who have been removed from their parents due to abuse
or neglect can still be cared for by loving relatives.
Often, when children are removed from their parents because of
abuse or neglect, they are removed from their families and their
communities, even when loving relatives could step in and care
for them. Recognizing this and in response to studies showing
the benefits of having foster children cared for by loving
relatives, the Fostering Connections Act enacted last year
requires that child welfare agencies provide notice to all adult
grandparents and other relatives within 30 days of a child's
removal from the parents and placement in foster care.
California must implement this requirement by January 1, 2010 or
risk loss of significant federal foster care funds. AB 938
implements this federal mandate.
In addition, in order to provide the social worker and the court
with the best information about the child on which to base
critical, life-changing decisions, the bill requires the social
worker, beginning January 1, 2011, to provide all notified
relatives with a relative information form to provide the social
worker and the court with information about the child's needs.
The form also allows the relative to request to address the
court. This allows loving relatives to provide the court with
information about the child's needs, thus helping increase the
likelihood that the child's rights to safety, permanency and
well-being will be met.
Analysis Prepared by : Leora Gershenzon / JUD. / (916)
319-2334
FN: 0001298