BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
938 (Feuer)
Hearing Date: 07/13/2009 Amended: 06/18/2009
Consultant: Jacqueline Wong-HernandezPolicy Vote: Human
Services 5-0
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BILL SUMMARY: AB 938 creates additional notification
requirements to relatives of children in foster care and
provides parties a greater opportunity to participate in the
children's dependency hearings. Specifically, this bill:
1)Requires that when a child is removed from his/her parents and
placed in foster care, the child's social worker must conduct
an investigation to identify and locate the child's
grandparents and other adult relatives, as defined, within 30
days.
2)Requires the social worker to immediately provide specified
notifications once a relative is located, except where the
relative's history of domestic violence makes such
notification inappropriate. Notifications must be in writing
and either in person or by telephone.
3)Requires that the notification explain that the child has been
removed and the options available to participate in the care
and placement of the child.
4)On and after January 1, 2011, the social worker is also
required to provide these adult relatives with a relative
information form to provide information to the social worker
and the court regarding the needs of the child. The Judicial
Council, in consultation with the Department of Social
Services and the County Welfare Directors Association is
required to develop the form.
5)Requires each county to create and make public a procedure by
which relatives of a child who has been removed from his or
her parents or guardians may identify themselves and be
provided with the notices required by this bill.
6)Requires the court, at the initial petition hearing, to
inquire as to the efforts made by the social worker to
identify and locate the child's relatives. Requires the
social worker to provide the court and the parties with any
completed relative information forms that have been received
and, as part of any report to the court in advance of the
disposition hearing, to report on the activities undertaken to
identify and locate relatives and the results of those
activities.
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Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11 2011-12 Fund
State-mandated local program ***Unknown, potentially
significant General
Social Workers and Counties reimbursable mandate ***
New form - Judicial Council Minor and absorbable
General
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STAFF COMMENTS: This bill meets the criteria for referral to the
Suspense File.
Page 2
AB 938 (Feuer)
This bill imposes several new requirements that expands the
duties of county social workers, related to finding and
notifying relatives when a child is removed from his or her
home. Current practice, when a child is removed, as specified,
the child's social worker attempts to contact relatives with
whom the child might be temporarily placed. This bill specifies
that the social worker attempt to identify and contact an
exceptionally broad range of relatives. Specifically, it
requires the social worker to "conduct an investigation in order
to identify and locate all grandparents, adult siblings, and
other adult relatives of the child, as defined in paragraph (2)
of subdivision (f) of Section 319."
The code identified considers these relatives to be an "adult
who is related to the child by blood, adoption, or affinity
within the fifth degree of kinship, including stepparents,
stepsiblings, and all relatives whose status is preceded by the
words 'great,' 'great-great,' or 'grand,' or the spouse of any
of these persons, even if the marriage was terminated by death
or dissolution." This bill requires that within 30 days, the
social worker must locate these individuals, determine if they
have histories of family or domestic violence that would make
them inappropriate placements, and otherwise notify each of them
in writing and verbally (in person, or by telephone) of the
specified information. After January 1, 2011, social workers
will also be required to provide these relatives with the form
specified in the bill which explains to them their opportunities
for participation the court proceedings and in the child's life.
This bill requires each county to create and make public a
procedure by which relatives of a child who has been removed
from his or her parents or guardians may identify themselves and
be provided with the notices required by this bill. Counties
would have to train their social workers and related staff on
this procedure.
Some of these provisions may be absorbable in certain counties,
or similar to procedures they implement now. As an expansion of
duties, however, the Commission on State mandates may find this
to constitute a reimbursable mandate, which may result in the
state compensating counties for additional social worker time,
and county training costs.
The Fostering Connections to Success and Increasing Adoptions
Act of 2008, (Public Law 110 - 351) requires 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. (42 U.S.C. Section
671(a).) California must implement this requirement by January
1, 2010, or risk loss of significant federal foster care funds.
To the extent that this bill implements new federal
requirements, it prevents the state from losing federal foster
care money. This bill may provide additional savings, to the
extent that placements with relatives are secured more quickly,
and children are not placed in more expensive placement options.