BILL ANALYSIS
SENATE HUMAN
SERVICES COMMITTEE
Senator Carol Liu, Chair
BILL NO: AB 938
A
AUTHOR: Assembly Committee on Judiciary
B
VERSION: June 18, 2009
HEARING DATE: June 23, 2009
9
FISCAL: To Appropriations
3
8
CONSULTANT:
Hailey
SUBJECT
Dependent children: relative caregivers and foster parents
SUMMARY
Provides relatives of children in foster care with
information on how to assist these children.
ABSTRACT
Current 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
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STAFF ANALYSIS OF ASSEMBLY BILL 938 (Asm. Judiciary
Committee) Page 2
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.
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. 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 the notification explain that the child has
been removed from his or her parents and explain 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 the Judicial Council to develop the
required form by January 1, 2011.
FISCAL IMPACT
According to the Assembly Appropriations Committee, costs
would be minor and absorbable within existing resources.
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Committee) Page 3
BACKGROUND AND DISCUSSION
This bill, sponsored by the Judicial Council, implements a
requirement of the federal Fostering Connections to Success
and Increasing Adoptions Act to increase the number of
children who will be cared for by relatives after being
removed from their parents.
According to the authors, when children are removed from
their parents because of abuse or neglect, they are
sometimes severed from their families and their
communities, even when 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
relatives, last year's federal Fostering Connections Act
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. The authors believe that 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, 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 process
invites relatives to provide the court with information
about the child's needs, which may increase the likelihood
that the child's rights to safety, permanency and
well-being will be met.
Assembly votes
Floor 77-0
Appropriations13-0
Human Services 7-0
Judiciary 9-0
POSITIONS
STAFF ANALYSIS OF ASSEMBLY BILL 938 (Asm. Judiciary
Committee) Page 4
Support: Judicial Council (sponsor)
American Federation of State, County and
Municipal Employees
California State Association of Counties
Children's Advocacy Institute
Children's Law Center of Los Angeles
County Welfare Directors Association of
California
Family Law Section of the State Bar
Legal Aid Association of California
Legal Services for Prisoners with Children
Public Counsel Law Center
Youth Law Center
Oppose: None received
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