BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2209|
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THIRD READING
Bill No: AB 2209
Author: Hueso (D)
Amended: 4/23/12 in Assembly
Vote: 21
SENATE JUDICIARY COMMITTEE : 4-0, 6/12/12
AYES: Evans, Harman, Corbett, Leno
NO VOTE RECORDED: Blakeslee
SENATE APPROPRIATIONS COMMITTEE : 7-0, 6/25/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price,
Steinberg
ASSEMBLY FLOOR : 73-0, 5/10/12 (Consent) - See last page
for vote
SUBJECT : Juveniles: dependent children: placement
SOURCE : Author
DIGEST : This bill prohibits the placement of a dependent
child with any person, other than the childs parent,
outside of the country, unless the party requesting the
placement shows by clear and convincing evidence that such
placement is in the best interest of the child. This bill
requires, that a court consider the following factors, in
determining whether it is in a child's best interest to
place him/her outside the country: (1) placement with a
relative; (2) placement of siblings in the same home; (3)
amount and nature of contact between parent and potential
CONTINUED
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caretaker; (4) physical and medical needs of child; (5)
social, cultural, and educational needs of dependent child;
and (6) specific desires of children over 12 years of age.
ANALYSIS : Existing law provides that a child may become
a dependent of the juvenile court and removed from his/her
parents or guardian on the basis of abuse or neglect.
(Welfare and Institutions Code (WIC) Section 300)
Existing law provides that when a court orders removal of a
dependent child from his/her home, the court must order a
social worker to supervise the care, custody, control, and
conduct of the child. (WIC Section 361.2)
Existing law allows the social worker to place the child
in, among other places, the home of the noncustodial parent
or the approved home of a relative or a nonrelative
extended family member, as defined. (WIC Section 309(a),
361.2, 361.3, 362.7)
Existing law requires the court and county social worker to
consider, when placing a dependent child with a relative,
the best interest of the child, including:
the special physical, psychological, educational,
medical, or emotional needs of the child;
the wishes of the parent, the relative, and child, if
appropriate;
placement of siblings and half siblings in the same home,
as specified;
the good moral character of the relative and any other
adult living in the home, as specified;
the nature and duration of the relationship between the
child and the relative, and the relative's desire to care
for, and to provide legal permanency for, the child if
reunification is unsuccessful; and
the ability of the relative to provide a safe, secure and
stable environment for the child. (WIC Section 361.3)
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Existing law provides that nonrelative extended family
members being considered for placement of a child shall
have their home evaluated pursuant to the same standards
set forth in the regulations for the licensing of foster
family homes. (WIC Section 362.7)
Existing law requires the status of every dependent child
to be reviewed by the court every six months. (WIC Section
366)
Existing law requires the entity that places a dependent
child to notify the child's attorney of the placement.
(WIC Section 16010.6)
This bill prohibits a social worker from placing a
dependent child with any person, other than the child's
parent, outside of the country, unless it is shown by clear
and convincing evidence that such placement is in the best
interest of the child. This bill requires any party or
agency that recommends placement outside the United States
to carry the burden of proof.
This bill requires the court to consider the following
factors when determining the child's best interest in
placing the child outside of the United States:
placement with a relative;
placement of a sibling in the same home;
the amount and nature of any contact between the child
and the potential caregiver;
the physical and medical needs of the child;
the psychological and emotional needs of the child;
the social, cultural, and educational needs of the child;
and
the specific desires of any dependent child who is 12
years of age or older.
Comments
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The author writes, "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. Currently, the law does not expressly allow
nor prohibit the placement of a child out of the country,
yet it is occurring. Once a child is placed out of the
country, the court and law enforcement lose their ability
to protect the child if he/she needs assistance. A child
who is a dependent of the State should not be placed
outside of the United States unless doing so is in the
child's best interest. 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 will put children
first and ensure that the country in which the child will
be placed is, in fact, the best place for the child to
live."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
One-time costs likely less than $50,000 (General Fund)
for the Department of Social Services 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.
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ASSEMBLY FLOOR : 73-0, 5/10/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Davis, Dickinson,
Donnelly, Eng, Feuer, Fong, Fuentes, Beth Gaines,
Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman,
Halderman, Hall, Harkey, Hayashi, Roger Hern�ndez, Hill,
Huber, Hueso, Huffman, Jones, Knight, Lara, Logue, Bonnie
Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell,
Monning, Morrell, Nestande, Nielsen, Pan, Perea,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. P�rez
NO VOTE RECORDED: Cook, Fletcher, Furutani, Jeffries,
Norby, Olsen, V. Manuel P�rez
RJG:m 6/26/12 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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