BILL ANALYSIS �
SENATE HUMAN
SERVICES COMMITTEE
Senator Jim Beall, Chair
BILL NO: AB 1761
A
AUTHOR: Hall
B
VERSION: March 28, 2014
HEARING DATE: June 10, 2014
1
FISCAL: Yes
7
6
CONSULTANT: Sara Rogers
1
SUBJECT
Dependent children: placement
SUMMARY
This bill permits a social worker to place a child who has
been removed from the custody of his or her parents in the
home of a relative or non-relative extended family member
(NREFM) after the detention hearing and pending the
dispositional hearing. Additionally, this bill clarifies
legislative intent that a social worker may place a child
in the home of an appropriate relative or NREFM pending the
consideration of other relatives who request preferential
consideration.
ABSTRACT
Existing Law:
1.Establishes the criteria by which a child who has
suffered, or is at risk of suffering, significant abuse
or harm shall fall within the jurisdiction of the
juvenile court which may adjudge that person to be a
Continued---
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dependent child of the court. (WIC 300)
2.Permits the juvenile court to remove a child from the
physical custody of his or her parents or guardian upon
clear and convincing evidence there is substantial danger
to the health, safety, protection, or physical or
emotional well-being of the minor, the parent or guardian
is unwilling to have physical custody, the minor is
suffering severe emotional damage, the minor or a sibling
has been sexually abused, or the minor has been left
without any provision for his or her support. (WIC 361
(c))
3.Following a court order to remove a child from parental
custody, requires the court to order the care, custody,
control and conduct of the child to be under the
supervision of the social worker and permits a social
worker to place the child in any of the following (WIC
361.2):
The home of a noncustodial parent.
The approved home of a relative, as defined.
The approved home of a nonrelative extended
family member, as defined.
A foster home in which the child has been
previously placed, if it is in the best interest of
the child and space is available.
A suitable licensed community care facility.
With a foster family agency to be placed in a
licensed foster family home or certified family
home.
A home or facility in accordance with the
Indian Child Welfare Act.
1.Defines "nonrelative extended family member" as an adult
caregiver who has an established familial relationship
with a relative or a familial or mentoring relationship
with the child, as verified by the county welfare
department through interviews. (WIC 362.7)
2.Defines "relative" as an adult who is related to the
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child by blood, adoption, or affinity within the fifth
degree of kinship, including step relatives, relatives
whose status is preceded with "great," "great-great" or
"grand" or the spouse of any of these persons. Provides
that only grandparents, aunts, uncles or siblings shall
be eligible for preferential consideration for placement.
(WIC 361.3)
3.Permits a social worker to immediately release a child to
the custody of a relative, except as specified, and
permits a child to be placed with a relative or
nonrelative extended family member upon the assessment of
the home's suitability, a criminal background check, and
a check of child abuse records of all adults in the home.
Additionally, provides that the standards used to
determine suitability shall be the same standards used
for foster family homes, except as specified. (WIC 309
(d))
This bill:
1.Permits a social worker to place a child who has been
removed from the custody of his or her parents in the
home of a relative or non-relative extended family member
(NREFM) after the detention hearing and pending the
dispositional hearing.
2.Clarifies legislative intent that a social worker may
place a child in the home of an appropriate relative or
NREFM pending the consideration of other relatives who
request preferential consideration.
3.Rewords the preferential consideration granted to sibling
placements to state that placement with siblings and
half-siblings shall receive preferential consideration
"unless that placement is found to be contrary to the
safety and well-being of any of the siblings" instead of
"if that placement is found to be in the best interest of
each of the children."
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FISCAL IMPACT
An Assembly Appropriations Committee states there are minor
and absorbable costs (GF) to reimburse county welfare
departments should the Commission on State Mandates
determine there is a reimbursable cost. The analysis states
that although this bill is keyed a mandate, the bill does
not add new tasks or additional social worker duties.
Social workers are currently required to assess the
suitability of a relative or non-related extended family
member to care for a child pending a detention hearing.
This bill applies this provision to a request occurring
after the detention hearing or pending a disposition
hearing.
BACKGROUND AND DISCUSSION
Purpose of the bill:
According to the author, current law is unclear regarding
immediate placement of a child with a relative in the first
few months of a child's time in foster care and that
children often linger in foster care awaiting lengthy
assessments of appropriate relatives. In addition, the
author states that current provisions do not give guidance
regarding how a social worker should proceed when more than
one relative is interested in providing foster care to a
child. The author states that current law allows a county
social worker to temporarily place a child with a relative
pending a detention hearing, and that this bill allows a
social worker to temporarily place a child with a relative
or nonrelative extended family member (NREFM) after the
detention hearing or pending a disposition hearing, and
clarifies that a county social worker may place a child
with an appropriate relative or NREFM pending the
assessment of other relatives.
Placement Decisions within the Child Welfare System
The child welfare system is designed to ensure safety and
protection for children who are, or are at risk of being,
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abused, neglected, or exploited, while at the same time
maintaining a focus on family reunification and family
continuity for the child.
Existing law permits a social worker to take a minor into
"temporary custody" if it is suspected that a child is
being, or is at risk of being, abused or neglected but the
abuse has not yet been validated, the child has not yet
been adjudged to be a dependent of the court, and parental
rights have not been formally limited. The authority for
the juvenile dependency system to limit parental authority
over children is subject to a series of rigorous and
lengthy hearings and extensive court oversight designed to
ensure that parental rights are only limited to the extent
necessary to protect the children and to promote the
possibility of family reunification, or if reunification is
not possible, family continuity for the child. (WIC 300 et
seq.)
Family Code Section 7950 establishes preferences for the
placement of dependent children in foster care, based on
the overarching goal to facilitate visitation and family
reunification. As a result, first priority for placement is
in the home of a relative, unless the placement would not
be in the best interests of the child. Caseworkers are
required to make diligent efforts to locate the home of a
relative, and if a relative is not immediately found, a
child may be placed in a licensed or certified foster home.
This statute is silent with regard to NREFMs.
After taking a minor into custody, existing law requires a
social worker to immediately file a petition with the
juvenile court, if the social worker has determined that
the minor shall be retained in custody, or else to release
the minor within 48 hours.<1> The law then requires the
court to hold a "detention hearing" before the expiration
of the next judicial day after such a petition has been
filed to determine whether the minor shall continue to be
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<1> WIC 311 and WIC 313
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detained.<2> Following the detention hearing, the court is
required to hold a "jurisdictional hearing" to determine
whether the minor may be a dependent minor (pursuant to WIC
300), and, if a minor is detained in custody, to hold that
hearing within 15 days after the detention hearing.<3>
After finding that a minor may be a dependent minor, the
court is then required to hold a "disposition hearing"
within 60 days after the detention hearing to determine
whether the child is a dependent child of the court, to
potentially limit parental rights, establish a guardian,
determine an appropriate placement, or to order the
provision of services to the child or family.<4>
Existing law requires a permanency hearing to be held six
months from the date a child who is younger than 3 years of
age is removed from the home, or 12 months from the date a
child aged 3 or older is removed, although a court may
extend this time period if it is found there is a
substantial possibility that the child will be returned to
the physical custody of his or her parent or guardian.
Family reunification may be continued up to a maximum of 24
months if it can be shown that the permanent plan for the
child is to be returned and safely maintained in the home,
and if it is in the best interests of the child.
Relative and Nonrelative Extended Family Members
AB 1695 (Chapter 653, 2001), clarified state law to conform
with the Federal Adoptions and Safe Families Act of 1997 by
establishing "nonrelative extended family members" (NREFMs)
as an approved placement for children in foster care. The
bill clarified that both relative and NERFM placements are
subject to being "approved" while all foster family homes
are licensed as a Community Care Facility. Under both state
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<2> WIC 315
<3> WIC 334 and WIC 355
<4> WIC 360 and WIC 361
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and federal law, relative and NREFM caregivers are required
to be approved by the caseworker using the same standards
as licensed homes as defined in HSC 1505 (I)(2), WIC 362.7,
309(d), 727, and 11400. The law also clarifies that
granting of an approved status does not entitle the
caregiver to placement of a specific child; instead
placement is based on each individual child's needs and
best interests. Thus, approval enables a NREFM to be
considered for placement without undergoing formal
licensure, but existing law does not provide a guarantee,
or a preference, over any other approved or licensed
provider for placement.
As defined under WIC 362.7, a NREFM is defined as any adult
caregiver that has an established familial relationship
with a relative of the child or a familial or mentoring
relationship with the child. This prior relationship is
verified by interviews with the parent and child or with
one or more third parties.
Relative, in this context, is defined as an adult who is
related to the child by blood, adoption, or affinity within
the fifth degree of kinship, including step relatives,
relatives whose status is preceded with "great,"
"great-great" or "grand or the spouse of any of these
persons. Through regulation, 5th degree of kinship is
interpreted as follows:<5>
1st degree = parent
2nd degree = grandparent, sibling
3rd degree = great grandparent, uncle or aunt, and
niece or nephew
4th degree = great-great grandparent, great-uncle or
aunt, and first cousin
5th degree = great-great-great grandparent,
great-great uncle or aunt, and first cousin once
removed (i.e. the first cousin of a parent)
Determinations of the Best Interests of a Child
Existing law, (WIC 361.2 (k)) provides that when an agency
has placed a child with a relative caregiver, a NREFM, a
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<5> Errata to ACL 05-13 February 15, 2006
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licensed foster family home, or a group home, the agency
shall ensure placement in the home that best meets the
day-today needs of the child. This standard is defined as:
The child's caregiver is able to meet the
day-to-day health, safety, and wellbeing needs of the
child.
The child's caregiver is permitted to maintain the
least restrictive and most family- like environment
that serves the day-to-day needs of the child.
The child is permitted to engage in reasonable,
age-appropriate day-to-day activities that promote the
most family-like environment for the foster child.
Additionally, exiting law states that when the court
initially orders removal, unless the child is placed with a
relative eligible for preferential consideration (limited
to grandparents, siblings, aunts or uncles), the child
shall be placed in the county of residence of the child's
parent or guardian in order to facilitate reunification of
the family. (WIC 361.2 (g)(1))
In evaluating the appropriateness of a relative receiving
preferential consideration at the disposition hearing, and
subsequently, a caseworker is required to consider factors
including the following:<6>
The best interest of the child, including special
physical, psychological, educational, medical, or
emotional needs.
The wishes of the parent, the relative and the
child, if appropriate.
Placement of siblings and half-siblings in the same
home, if that placement is found to be in the best
interest of each of the children as provided in WIC
16002.
The good moral character of the relative and any
other adult living in the home, including whether any
individual residing in the home has a prior history of
violent criminal acts or has been responsible for acts
of child abuse or neglect.
The nature and duration of the relationship between
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<6> Welfare and Institutions Code Section 361.3
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the child and the relative, and the relative's desire
to care for the child.
The ability of the relative to do the following:
o Provide a safe, secure, and stable
environment for the child
o Exercise proper and effective care and
control of the child
o Provide a home and the necessities of
life for the child.
o Protect the child from his or her
parents.
o Facilitate court-ordered reunification
efforts with the parents
o Facilitate visitation with the child's
other relatives.
o Facilitate implementation of all elements
of the case plan.
o Provide legal permanence for the child if
reunification fails.
o Arrange for appropriate and safe
childcare, as necessary.
The safety of the relative's home, which must first
be approved per WIC 309 (d) which includes an
assessment of the ability of the relative to meet the
child's needs, a home inspection, and a criminal
record check. Additionally, the relative home shall
meet the same standards and regulations set forth for
the licensing of foster family homes.
Related Legislation:
AB 2391 (Calderon) 2014, would clarify how relatives may be
considered for possible placement after a foster child's
initial placement has been made.
PRIOR VOTES
Assembly Floor 73 - 0
Assembly Appropriations 17 - 0
Assembly Human Services 6 - 0
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POSITIONS
Support: None received.
Oppose: None received.
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