BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2209
                                                                  Page  1

          Date of Hearing:   May 2, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    AB 2209 (Hueso) - As Amended:  April 23, 2012 

          Policy Committee:                              JudiciaryVote:10 
          - 0 

          Urgency:     No                   State Mandated Local Program: 
          Yes    Reimbursable:              Yes

           SUMMARY  

          This bill prohibits the placement of a dependent child outside 
          of the United States with any person who is not a parent, absent 
          a judicial finding that the placement, by clear and convincing 
          evidence, is in the best interest of the child. 

           FISCAL EFFECT  

          1)One-time costs, likely less than $50,000 (GF), for the 
            Department of Social Services to develop policies and 
            regulations regarding the placement of children outside of the 
            country. 

          2)The placement outside of children outside of the country is a 
            fairly rare occurrence, according to the Judicial Counsel, 
            therefore costs to both the courts and child welfare 
            departments should be minor and absorbable within existing 
            resources. 

           COMMENTS  

           1)Purpose  . The intent of this bill is to limit instances when a 
            dependent child, who is not being placed in his or her 
            parent's custody, may be placed outside of the country. 
            According to the author, social service and welfare agencies 
            often make recommendations to the court to place a dependent 
            child for long-term care or adoption outside of the country.  
            This is particularly true in cities near border areas.  Once a 
            child is placed out of the country, the court and law 
            enforcement lose their ability to protect the child if he or 
            she needs assistance.  The author argues that a child who is a 








                                                                  AB 2209
                                                                  Page  2

            dependent of the state should not be placed outside of the 
            United States unless doing so is in the child's best interest.

            Currently, the law does not expressly allow nor prohibit the 
            placement of a child out of the country.  This bill 
            establishes a legal burden of proof for placing agencies to 
            meet, with a list of factors they must consider, before making 
            such a recommendation to the court.  AB 2209 establishes a 
            statewide standard designed to ensure consideration is given 
            to factors, such as whether the health or educational needs of 
            the child will be met in the country in which the agency is 
            considering placing the child.

          2)Support  . Children's Advocacy Institute notes, "This heightened 
            standard is important because placement outside of the country 
            deprives courts of the power to monitor these children, the 
            care they receive, and their overall well-being.  A child's 
            safety and well-being are paramount.  As the acting parent of 
            foster youth, California must do everything it can to protect 
            children.  AB 2209 supplies the courts with appropriate 
            standards to protect the best interests of children placed 
            outside of the country."

           

           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916) 
          319-2081