BILL ANALYSIS Ó
SB 1064
Page 1
SENATE THIRD READING
SB 1064 (De León)
As Amended August 24, 2012
Majority vote
SENATE VOTE :28-7
JUDICIARY 8-0 HUMAN SERVICES 4-0
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|Ayes:|Feuer, Atkins, Dickinson, |Ayes:|Beall, Ammiano, Hall, |
| |Gorell, Huber, Monning, | |Portantino |
| |Wieckowski, Chesbro | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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APPROPRIATIONS 12-5
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|Ayes:|Gatto, Blumenfield, | | |
| |Bradford, Charles | | |
| |Calderon, Campos, Davis, | | |
| |Fuentes, Hall, Hill, | | |
| |Cedillo, Mitchell, | | |
| |Solorio | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Harkey, Donnelly, | | |
| |Nielsen, Norby, Wagner | | |
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SUMMARY : Provides family and custodial protections for children
of immigrant families. Specifically, this bill :
1)States that a relative's immigration status does not
disqualify the relative from receiving custody of a child in a
family law proceeding.
2)Allows a relative to file for guardianship of a minor
dependent regardless of immigration status and provides that
immigration status of the relative alone shall not constitute
unsuitability.
3)Directs that if a social worker, upon investigation of the
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circumstances of a child being taken into temporary custody,
decides that it is appropriate to release the child to his or
her parent, guardian or a responsible relative, that release
shall occur regardless of the adult's immigration status.
4)Provides that a relative's identification card from a foreign
consulate or a foreign passport shall be considered valid
forms of identification for the purposes of conducting
criminal record and fingerprint clearance checks when a social
worker is deciding whether to place a child in the temporary
custody of a relative or into the home of a relative as a
foster care placement.
5)Specifies that when a social worker is placing a child in a
foster care setting, the home of a noncustodial parent or
approved home of a relative may be considered regardless of
the parent's or relative's immigration status.
6)Specifies that when a relative has requested placement of a
child who is removed from parental custody, preferential
consideration be given to the family member regardless of that
relative's immigration status.
7)Specifies that a relative caregiver shall be given information
regarding the permanency options of guardianship and adoption
regardless of his or her immigration status.
8)Authorizes an extension of reunification services from 6 or 12
months to 18 or 24 months, as specified, for parents who have
been arrested and issued an immigration hold, detained by the
United States Department of Homeland Security (DHS), or
deported to their country of origin.
9)Adds detention by DHS and deportation to a parent's country of
origin to the list of circumstances that must be considered by
the dependency court in determining appropriate reunification
services for a child.
10)Directs the court to provide reasonable efforts to assist
parents who have been deported to contact child welfare
authorities in their country of origin, identify any available
services that would substantially comply with case plan
requirements, document parents' participation in those
services, and accept reports from local child welfare
authorities as to the parents' living situation, progress and
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participation in services.
11)Adds a parent's detention to the list of circumstances
eligible for alternative family reunification services. Adds
a parent's detention or deportation to the list of
circumstances that a court must consider in determining
whether the failure of the parent to participate in services
is prima facie evidence that reunification would be
detrimental to the child.
12)Permits the court to continue a child's permanency review
hearing for up to six months if the parent has been arrested
and issued an immigration hold, detained by DHS or deported
and the court determines that there is substantial probability
that the child will be returned to his or her parent's
custody, as provided, and safely remain in the home or that
reasonable services have not been provided to the parent.
13)Requires the court to consider a parent's detention or
deportation as barriers to that parent's ability to
participate in reunification when determining a child's
permanency plan.
14)Adds to the list of circumstances under which a dependency
court may extend a child's permanency hearing that a parent is
making progress in reunification services after being recently
discharged from the custody of DHS.
15)Requires the Department of Social Services (DSS), commencing
January 1, 2014, and annually thereafter, to provide guidance
on best practices and facilitate exchange of best practices
and information among counties on establishing memoranda of
understanding with foreign consulates in juvenile court cases
in which a parent has been arrested and issued an immigration
hold, has been detained by DHS, or has been deported to his or
her country of origin, including specified procedures relating
to family reunification. Allows the exchange of information
to be accomplished by posting information on the DSS Web site.
16)Requires DSS, commencing January 1, 2014, and annually
thereafter, to provide guidance on best practices and
facilitate exchange of best practices and information among
counties on how to assist children in juvenile court who are
eligible for special immigrant juvenile status. Allows the
exchange of information to be accomplished by posting
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information on the DSS Web site.
17)Contains chaptering out language for ABs 1712, 2060, 2209 and
2292 and SBs 1476 and 1521.
EXISTING LAW :
1)Requires a social worker to attempt to maintain the child with
the child's family. Absent specified circumstances, requires
the social worker to immediately release the child to the
custody of the child's parent, guardian, or relative.
2)Requires a social worker to use due diligence in investigating
the names and locations of relatives who are able and willing
to care for a dependent child. Requires social workers to
conduct an assessment of a relative or non-relative's
suitability, including an in-home inspection and a criminal
records check.
3)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 or her ability
to maintain contact with his or her child. Allows for court
ordered services in pursuit of family reunification to be
extended from 6 or 12 months 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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Potential one-time costs in excess of $150,000 (General Fund
(GF)) for increased DSS staffing workload for development of
specified guidelines to counties.
2)Annual ongoing state-mandated costs in the range of $200,000
(GF) for specified extension of reunification services for
impacted youth.
Roughly 700 foster children in California have a detained or
deported parent. If the court determines that 50% of these
cases warrant an extension under this bill's provisions, and
the state provides these children with an average of four
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additional months of reunification services, at approximately
$1,167 per four months of extra social worker expenses, the
state would incur costs of approximately $410,000 ($205,000
GF) annually.
3)Annual ongoing costs in the range of $150,000 (GF) for
increased workload to the Department of Justice (DOJ) Foreign
Prosecutions and Law Enforcement Unit, to assist child
services agencies and district attorneys in their interactions
with the Mexican government.
4)Minor increased cost pressure on social worker workload to
include information in case plans about parents' detention or
deportation.
5)Potentially significant future cost savings in foster care and
adoption systems if this bill results in an increased number
of children reunified with their parents or relatives, due to
decreased need for foster care services or Adoption Assistance
payments (AAP).
COMMENTS : This bill seeks to reduce barriers faced by immigrant
families who come in contact with the child welfare system.
Immigration laws attempt to keep family together, whether or not
parents are deported. Child welfare policies also strive for
family reunification. In practice, however, it is often the
case that these policies are not achieved for families with
undocumented parents. When parents are detained or deported
and, as a result, their children become dependents of the court,
reunification often does not happen within the required
timeframe. If these children are not taken in by relatives,
they may remain in the foster care system with strangers and
their parents' rights may be terminated.
This bill seeks to create uniform, statewide policies and
practices that eliminate family reunification barriers in the
child welfare system for immigrant families. This bill grants
an extension in the family reunification period where parents
are detained or deported. Where reunification is not
immediately available, this bill seeks to ensure that children
can be placed with relatives, regardless of their immigration
status.
Analysis Prepared by : Leora Gershenzon / JUD. / (916) 319-2334
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FN: 0005609