BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
SB 1064 (De Leon) - Child custody: immigration.
Amended: April 16, 2012 Policy Vote: HS 4-0, JUD 5-0
Urgency: No Mandate: Yes
Hearing Date: May 24, 2012 Consultant: Jolie Onodera
SUSPENSE FILE.
Bill Summary: SB 1064 would prohibit a family member's
immigration status from being considered when deciding where to
temporarily or permanently place a minor dependent child.
Additionally, this bill:
Authorizes the dependency court to extend the review
hearing periods for reunification following consideration
of a parent's ability to comply with court ordered services
when a parent has been detained or deported, as specified.
Allows for the use of foreign or consulate
identification cards and passports in criminal background
checks and live scan fingerprinting by social workers when
determining fitness for relative placement.
Requires, by July 1, 2013, the Department of Social
Services (DSS) to:
o Provide guidance to counties in establishing
memoranda of understanding (MOU) with foreign
consulates in child custody cases;
o Provide guidance to county child welfare
services agencies on how to identify and aid children
eligible for Special Immigrant Juvenile Status and
other forms of relief available under immigration law.
Fiscal Impact:
One-time costs potentially in excess of $150,000
(General Fund) for increased DSS staffing workload for
research and development of specified guidelines to
counties.
Annual ongoing state-mandated costs in the range of
$200,000 (General Fund) for 6- to 12-month extension of
reunification services to impacted youth.
Increased cost pressure on social worker (SW) workload
to include information in case plans about a parent's
detention by the DHS or deportation.
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Annual ongoing costs in the range of $150,000 (General
Fund) for increased workload to the Department of Justice
(DOJ) Foreign Prosecutions and Law Enforcement Unit.
Potentially significant future cost savings (Local) in
foster care, adoption assistance payments to the extent the
provisions of this bill result in an increased number of
children successfully reunified with their parents.
Background: A report released by the Applied Research Center
(ARC), "Shattered Families: The Perilous Intersection of
Immigration Enforcement and the Child Welfare System, (November
2011)," estimated that at least 5,100 children nationwide whose
parents were either detained or deported are living in foster
care (approximately 1.25 percent of total children living in
foster care). The report projects the number of children in
foster care with detained or deported parents could grow by an
additional 15,000 children in the next five years.
The report notes that, "Despite clear child welfare policy that
prioritizes placing children with their own families, many child
welfare departments will not place children with their
undocumented non-custodial parents, aunts, uncles, grandparents
or other relatives. As a result, children of detained and
deported parents are likely to remain in foster care with
strangers when they could be with their own family."
Proposed Law: This bill seeks to create uniform statewide policy
and practice to eliminate family reunification barriers in the
child welfare system for immigrant families, as follows:
Provides that a relative's immigration status shall not
disqualify the relative from receiving custody of a child.
Allows a relative to file for guardianship of a minor
dependent regardless of immigration status, and would provide
that immigration status alone shall not constitute
unsuitability.
Requires a social worker to immediately release a child under
temporary custody of the court to a responsible relative,
regardless of the relative's immigration status, as specified.
Authorizes a social worker to use a foreign identification
card or foreign passport to conduct a criminal records check
and fingerprint clearance in background checks of relatives of
dependent minor children.
Authorizes an extension in reunification services from 12 to
18 or 24 months, as specified, for parents who have been
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arrested and issued an immigration hold, detained by the
Department of Homeland Security, or deported back to his or
her country of origin.
Requires the DSS, prior to July 1, 2013, to provide guidance
to counties in establishing MOU with foreign consulates in
custody cases, including specified procedures relating to
family reunification.
Requires the DSS, prior to July 1, 2013, to provide guidelines
to counties and municipalities detailing procedures for social
workers to assist children in child custody and dependency
cases who are eligible for special immigrant juvenile status
and any other form of relief available under immigration law.
Related Legislation: AB 2070 (Bass) Chapter 482/2008 required
courts to take into consideration, among other factors, the
particular barriers to accessing court-mandated services, and
consideration of the likelihood of the parent's discharge within
the reunification timeframe for incarcerated and
institutionalized parents.
Staff Comments: This bill will result in increased workload to
the DSS to provide guidance to counties in establishing MOU with
foreign consulates in child custody cases and to provide
guidance to county child welfare services agencies on how to
identify and aid children eligible for Special Immigrant
Juvenile Status and other forms of relief available under
immigration law. These requirements could result in DSS costs in
excess of $150,000 (General Fund) for increased staffing
workload for research and development of specified guidelines to
counties.
The DOJ has indicated the provisions of this bill could result
in increased annual ongoing costs in the range of $150,000
(General Fund) for increased workload to the DOJ Foreign
Prosecutions and Law Enforcement Unit to respond to requests for
assistance from child services agencies and local district
attorneys regarding child-related issues with outside
governments.
This bill would, for parents detained or deported, allow for a
6- to 12-month extension in reunification services beyond the
standard 12 months time period, to a total of up to 24 months,
provided specified requirements are met and the court has
determined that there is a substantial probability of
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reunification or that reasonable services have not been provided
to the parent. In determining whether court-ordered services may
be extended, this bill would require the court to consider the
special circumstances of a parent who has been arrested and
issued an immigration hold, detained by the DHS, or deported to
his or her country of origin.
Assuming 1.25 percent (consistent with the ARC study) of
California's 58,000 foster children have a detained or deported
parent, would equate to 725 children. If the court determines
that 50 percent of these cases warrant a 6- to 12-month
extension under this bill's provisions (363 cases), and that the
state provides these children with an average of four additional
months of reunification services that otherwise would not have
been provided under the existing reunification period, at
approximately $1,167 per four months of extra social worker
expenses, the state would incur costs of approximately $424,000
($212,000 General Fund) annually. It is assumed the foster care
assistance payments to these children would have been provided
regardless of the extension of reunification services, so no
additional costs are estimated.
To the extent the provision of extended reunification services
results in successful reunification, significant future cost
savings could be realized due to the fact that the state would
not be required to pay for foster care services or Adoption
Assistance payments (AAP). If ten percent of the children
afforded extended reunification services resulted in successful
reunification, estimated savings would be $363,000 ($181,500
Local).