BILL ANALYSIS
AB 938
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 938 (Judiciary Committee)
As Amended September 3, 2009
Majority vote
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|ASSEMBLY: |77-0 |(June 2, 2009) |SENATE: |36-0 |(September 10, |
| | | | | |2009) |
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Original Committee Reference: JUD.
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, conduct an investigation to identify and
locate the child's 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.
2)Requires, for all relatives who are located pursuant to #1
above, the social worker to provide, within 30 days of
removal, 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 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.
4)Requires that, when a minor is detained and the minor's
probation officer has reason to believe the minor is at risk
of entering foster care placement, the probation officer must,
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within 30 days, conduct an investigation to identify and
locate the child's adult relatives, as defined. If the
probation officer did not conduct an investigation and
notification of relatives, but the court orders foster care
placement, requires the probation officer, within 30 days of
the placement order, to identify and locate the child's adult
relatives. Requires the probation officer to use due
diligence in investigating the names and locations of the
relatives, including asking the child.
5)Requires, for all relatives who are located pursuant to 4)
above, the probation officer to provide, within that same
30-day period, 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 the
various options available to participate in the care and
placement of the child and support of the child's family.
6)States the intent of the Legislature that the identification
and notification of relatives of youth in the delinquency
system who are at risk of entering foster care placement is
made as early as possible.
The Senate amendments add the relative notification requirement
for wards that are in the foster care system, as required by
federal law, and delete the requirement that the California
Parent Locator Service be used to search of relatives.
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
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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.
5)Provides that a juvenile court may adjudge a minor as a ward
of the court because the minor has committed criminal acts or
is habitually disobedient or truant and may detain the minor
if continuance in his or her home is contrary to the minor's
welfare. Placement of detained minors may include foster
care.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version approved by the Senate.
FISCAL EFFECT : According to the Senate Appropriations, 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 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.
COMMENTS : This Judiciary Committee bill, sponsored by the
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
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(the Fostering Connections Act) that seeks to help ensure that
children who have been removed from their parents can still be
cared for by loving relatives.
Often, when children are removed from their, 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. This requirement also applies to
children in the delinquency system that have a foster care
placement. 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 notified relatives
of dependent children 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: 0003088