BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1064|
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THIRD READING
Bill No: SB 1064
Author: De León (D), et al.
Amended: 4/16/12
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 4-0, 3/27/12
AYES: Liu, Hancock, Wright, Yee
NO VOTE RECORDED: Emmerson, Berryhill, Strickland
SENATE JUDICIARY COMMITTEE : 5-0, 4/24/12
AYES: Evans, Harman, Blakeslee, Corbett, Leno
SENATE APPROPRIATIONS COMMITTEE : 5-2, 5/24/12
AYES: Kehoe, Alquist, Lieu, Price, Steinberg
NOES: Walters, Dutton
SUBJECT : Child custody: immigration
SOURCE : Author
DIGEST : This bill authorizes the dependency court to
extend the review hearing periods for reunification
following consideration of a parents ability to comply with
court ordered services where a child has been removed from
the custody of a parent and the parent has been arrested
and issued an immigration hold, detained by the United
States Department of Homeland Security (DHS), or deported
to his or her country of origin. This bill prohibits a
family member's immigration status from being considered
when deciding where to temporarily or permanently place
CONTINUED
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minor dependent children. Additionally, this bill 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 the
fitness of a relative's home for the placement of a child.
This bill requires the Department of Social Services (DSS)
to provide guidance to counties in establishing memoranda
of understanding with foreign consulates in child custody
cases. Finally, this bill requires by July 1, 2013, DSS to
provide guidance to California county child welfare
services on how to identify and aid children eligible for
Special Immigrant Juvenile Status and other forms of relief
available under immigration law.
ANALYSIS : Existing law establishes an order of
preference to be used in conjunction with the best
interests of the child when determining custody of a child.
Preference is first for one or both of the parents, then
to the person in whose home the child has been living in a
wholesome and stable environment, then to any other person
deemed by the court to be suitable.
This bill adds that a relative's immigration status shall
not disqualify the relative from receiving custody of a
child.
Existing law provides that a relative may file guardianship
and that, in appointing a guardian, the court shall be
guided by what appears to be in the best interest of the
child, including the child's preference. (Probate Code
Section 1510(a), (c), and (e).)
This bill allows a relative to file for guardianship of a
minor dependent regardless of immigration status, and
provides that immigration status alone shall not constitute
unsuitability.
Existing law requires a social worker to attempt to
maintain the child with the child's family. Absent
specified circumstances, the social worker shall
immediately release the custody of the child's parent,
guardian, or relative.
Existing law requires a social worker to use due diligence
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in investigating the names and locations of relatives who
are able and willing custodians of a minor child under the
temporary custody of the court.
This bill requires that the social worker immediately
release a child under temporary custody of the court to a
responsible relative, as specified, regardless of the
relative's immigration status unless a specified condition
exists.
Existing law requires social workers to conduct an
assessment of the relative or non-relative's suitability,
including an in-home inspection and a criminal records
check, and a check of allegations of prior child abuse or
neglect of the adult relative and all adults residing in
the home prior to placing the child in the home.
This bill allows social workers to use a foreign
identification card or foreign passport to conduct a
criminal records check and fingerprint clearance in
background and criminal investigations of relatives of
dependent minor children.
Existing law provides that, in pursuing family
reunification, the court shall order reasonable services
for incarcerated or institutionalized parents, and must
consider the parent's access to the court-mandated services
and his/her ability to maintain contact with his/her child.
This information shall be noted in the child's case plan.
Existing law allows for court ordered services in pursuit
of family reunification to be extended from 12 to 18 or 24
months, as specified, for parents who are incarcerated,
institutionalized, or ordered into a resident substance
abuse program if the court makes particular findings.
This bill authorizes an extension in reunification services
from 12 to 18 or 24 months, as specified, for parents who
have been arrested and issued an immigration hold, detained
by DHS, or deported to his or her country of origin.
This bill requires the DSS, prior to July 1, 2013, to
provide guidance to counties in establishing memoranda of
understanding with foreign consulates in custody cases,
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including specified procedures relating to family
reunification.
This bill requires 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.
Background
Child Welfare System . Approximately 70,000 children are in
the custody of California's child welfare system because of
abuse, neglect - including abandonment - or at-risk living
situations. This figure includes those living in foster
homes, group homes and with relatives. In California, the
law requires that courts first consider whether a child is
appropriate for family reunification services, defined as
"? activities designed to provide time-limited foster
care services to prevent or remedy neglect, abuse, or
exploitation, when the child cannot safely remain at
home, and needs temporary foster care, while services
are provided to reunite the family."
Typically, the family reunification case plan requires
parents or guardians to participate in therapy,
rehabilitation and other services with the goal of
regaining custody of the child. State law requires
adherence to a strict timeline in which to provide
services, evaluate whether reunification is in the best
interest of the child and create a permanent plan for the
child.
In cases involving parents who are incarcerated or
institutionalized, the law recognizes that there may be
barriers to receiving services and to establishing
visitation schedules between parents and children, and
provides an opportunity for the courts to extend this
timeline if it appears reunification is likely and would be
appropriate. It also provides an opportunity for
dependency courts to exempt parents from reunification
services if they are incarcerated or institutionalized and
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those services are not available.
"Shattered Families" report . A November 2011 report
prepared and released by the Applied Research Center
estimated that 5,100 children nationwide whose parents were
either detained or deported are living in foster care. The
center's report, "Shattered Families: The Perilous
Intersection of Immigration Enforcement and the Child
Welfare System," predicted that number of children in
foster care with deported or detained parents could grow by
another 15,000 in the next five years. The center's
projections are based on a calculation that approximately
1.25 percent of all children in foster care have parents
who have been detained or deported. Using that rate, the
number of California children currently in the system with
detained or deported parents would be approximately 875.
The report argues that while priorities established in
child welfare policies and immigration policies underscore
the need to reunite families, current practices present
barriers to that goal.
"Immigration policies and laws are based on the
assumption that families will, and should, be united
whether or not parents are deported. Similarly,
child welfare policy aims to reunify families
whenever possible. In practice, however, when
mothers and fathers are detained and deported and
their children are relegated to foster care, family
separation can last for extended periods. Too often,
these children lose the opportunity to ever see their
parents again when a juvenile dependency court
terminates parental rights." (Shattered Families,
executive summary, p. 3)
Current Practices . Some California counties already are
taking efforts to remove barriers to reunification for
these families. Los Angeles, San Francisco and several
other counties have memorandums of understanding with their
local Mexican consulates that define responsibilities for
each entity and ensure confidentiality of information
exchanged.
In San Francisco County, for example, the county agrees
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when possible to obtain a certified copy of the U.S. birth
certificate in order to prove a minor's citizenship and
provides that the consulate may assist the county whenever
possible in obtaining corresponding Mexican birth
certificates. The memorandum-of-understanding (MOU)
requires county social workers to provide verbal updates on
the progress of the child's case when requested by the
consulate and requires the county to consent for the minor
to be interviewed by the consulate. The consulate is
required to be available to social workers during business
and after hours, assist with searches in Mexico for parents
or relatives, when needed and facility the repatriation of
Mexican minors when there are no protective issues
involving the child's placement in the custody of the
county's child welfare agency. The MOU also describes the
roles of both agencies in ensuring a parent's appearance in
dependency court, in finalizing adoptions and in proceeding
when a parent has abducted their child and fled to Mexico.
Los Angeles County formalized its practice of placing
children with undocumented relatives in policy guidelines
stretching back several decades. "Immigration status of a
relative caregiver should not hinder the placement of a
relative child in the home as long as (licensing standards)
are met," according to a 2008 memo. Los Angeles County
also was one of the initial counties to use foreign
consulate identification cards from the Consulate of Mexico
to satisfy the need to present identification to a live
scan technician. The identification cards may be obtained
from the consulate by an undocumented U.S. resident once a
criminal background check in Mexico is cleared. The cards
then may be used to access the live scan background check
used by California child welfare agencies to clear
prospective foster parents. Los Angeles County subsequently
set up similar arrangements with the consulates of the
Argentine Republic and Korea.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
One-time costs potentially in excess of $150,000 (General
Fund) for increased DSS staffing workload for research
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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.
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.
SUPPORT : (Verified 5/22/12)
9to5 National Association of Working Women
All Saints Church Foster Care Project
Alternative Family Services
American Civil Liberties Union of California
American Federation of State, County, and Municipal
Employees, AFL-CIO
Applied Research Center
Asian Americans for Civil Rights & Equality
Asian Law Alliance
ASISTA Immigration Assistance
California Catholic Conference, Inc.
California Immigrant Policy Center
California Latinas for Reproductive Justice
California Partnership
California Rural Legal Assistance Foundation
California Youth Connection
Californians United for a Responsible Budget
Center for Community Alternatives
Children's Law Center of California
Clergy and Laity United for Economic Justice, Los Angeles
Coalition for Humane Immigrant Rights of Los Angeles
Congregation of the Sisters of the Holy Cross
First Focus Campaign for Children
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Franciscan Action Network Guam Communications Network
Iglesia de la Comunidad, Presbyterian Church USA
Immigration Legal Resource Center
Immigration Task Force of the United Methodist Church
Justice Now
Latino Policy Coalition
Legal Services for Children
Legal Services for Prisoners with Children
Lutheran Office of Public Policy California
Mexican American Legal Defense and Education of Fund
MomsRising.org
Mujeres Unidas y Activas
National Association of Social Workers
Public Counsel
Restoration Project, Tucson
Safe Passages
Santa Clara County Board of Supervisors
Services, Immigrant Rights & Education Network
Street Level Health Project
The Young Center for Immigrant Children's Rights
Tongan Community Service Center
Tucson Samaritans
ARGUMENTS IN SUPPORT : The Coalition for Humane Immigrant
Rights of Los Angeles writes that children whose parents
are detained or deported by immigration officials face
economic hardship and emotional trauma.
"Besides losing his/her parents, these children may
also lose the opportunity to stay close to their
love(d) ones that reside in the U.S. because after
the detention or deportation of their parents they
are placed into foster care. Unfortunately many of
them will never have a realistic opportunity to be
reunified with their parents and /or close relatives
because parents in immigration detainment are
frequently unable to access services ? (and)
immigrant relatives that may be willing to take
custody of a child when a parent is in this situation
are turned down by the child welfare system because
of their immigration status. This bill is an
important step in the right direction to ensure that
families stay together and that children get to grow
up in loving and stable homes."
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CTW:do 5/25/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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