BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
AB 2209 (Hueso) - Dependent children: placement out of country.
Amended: April 23, 2012 Policy Vote: Judiciary 4-0
Urgency: No Mandate: Yes
Hearing Date: June 25, 2012
Consultant: Jolie Onodera
This bill does not meet the criteria for referral to the
Suspense File.
Bill Summary: AB 2209 would prohibit the placement of a
dependent child outside of the United States with any person who
is not the parent of the child, absent a judicial finding that
the placement is, by clear and convincing evidence, in the best
interest of the child.
Fiscal Impact:
One-time costs likely less than $50,000 (General Fund)
for the Department of Social Services (DSS) to develop
policies and regulations regarding the placement of
children outside the country.
Ongoing negligible impact to the Judicial Branch due to
the very few cases anticipated that will require a judicial
determination prior to issuing an order authorizing
placement outside the country.
Ongoing likely minor, potential state-reimbursable costs
for social workers to provide the burden of proof necessary
to place dependent children outside the country.
Potential minor increase in child welfare services costs
to the extent the provisions of this bill prevent the
placement of a child outside the country.
Background: Existing law provides that a child may become a
dependent of the juvenile court and removed from his or her
parents or guardian on the basis of abuse or neglect. Existing
law provides that when a court orders removal of a dependent
child from his or her home, the court must order the care,
custody, control, and conduct of the child to be under the
supervision of a social worker. Existing law allows the social
worker to place the child in, among other places, the home of a
noncustodial parent or the approved home of a relative or a
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nonrelative extended family member, as defined.
Additionally, existing law requires the status of every
dependent child to be reviewed by the court every six months.
However, placement of a dependent child outside of the United
States may result in a lack of adequate oversight that the court
and social worker would be able to exercise after a child is
placed outside the country.
Proposed Law: This bill seeks to ensure that the court has
adequate information to make a determination by placing a higher
evidentiary burden on the party requesting placement of the
child outside the country. Existing law does not expressly allow
nor prohibit the placement of a dependent child outside the
country.
This bill would prohibit a child under the supervision of a
social worker from placement outside of the United States prior
to a judicial finding that the placement is in the best interest
of the child, except as required by federal law or treaty. This
bill would require the party or agency requesting placement of
the child outside the country to carry the burden of proof and
must show, by clear and convincing evidence, that placement
outside the country is in the best interest of the child.
This bill would require the court to consider, but not be
limited to, the following factors when determining the child's
best interest:
Placement with a relative.
Placement of siblings in the same home.
Amount and nature of any contact between the child and
the potential caregiver.
Physical and medical needs of the child.
Psychological and emotional needs of the child.
Social, cultural, and educational needs of the child.
Specific desires of any dependent child who is 12 years
of age or older.
If the court finds that a placement outside the country is, by
clear and convincing evidence, in the best interest of the
child, the court may issue an order authorizing the social
worker to make a placement outside the country. A child shall
not leave the country prior to the issuance of the judicial
order. The placement restrictions are not applicable to the
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placement of a dependent child with a parent.
Staff Comments: Additional workload to develop policies and
regulations regarding placement of dependent children outside
the country could potentially result in one-time costs of less
than $50,000 (General Fund) to the DSS.
According to the Judicial Council, very few dependent children
are considered for placement in homes outside the country on a
statewide basis each year. As a result, ongoing costs to the
courts and child welfare departments are estimated to be minor.