BILL ANALYSIS �
SENATE JUDICIARY COMMITTEE
Senator Hannah-Beth Jackson, Chair
2013-2014 Regular Session
AB 1761 (Hall)
As Amended March 28, 2014
Hearing Date: June 24, 2014
Fiscal: Yes
Urgency: No
NR
SUBJECT
Dependent children: placement
DESCRIPTION
This bill would authorize a social worker to place a child who
has been removed from the custody of his or her parent in the
home of a relative or non-relative extended family member
(NREFM) after the detention hearing and pending the
dispositional hearing. This bill would also provide that
consistent with the legislative intent for children to be placed
immediately with a responsible relative, this bill would not
limit the social worker's ability to place a child in the home
of an appropriate relative or a NREFM pending the consideration
of other relatives who have requested preferential
consideration. This bill would make other clarifying changes.
BACKGROUND
Abused and neglected children who have been removed from their
homes fall under the jurisdiction of the child welfare system.
This system seeks to ensure the safety and protection of these
children, and where possible, preserve and strengthen families
through visitation and family reunification.
When abused or neglected children are taken from the custody of
their parents, social workers are required to release a child
temporarily to a responsible parent, guardian, or relative,
unless a specified condition exists. (Welf. & Inst. Code Sec.
309(a).) Social workers may also release a child into the
custody of a nonrelative extended family member (NREFM), defined
as an "adult caregiver who has an established familial
(more)
AB 1761 (Hall)
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relationship with a relative of the child, or a familial or
mentoring relationship with the child," or place the child in a
licensed foster or group home. (Welf. & Inst. Code Secs. 362.7,
361.2(e).) A social worker must then petition the court to
declare the child a dependent of the court, and within a
relatively short period of time, the court determines whether it
needs to assert jurisdiction over the child, and limit or deny
parental rights.
These placements, at least initially, are temporary while the
social worker develops a case plan to present to the court
according to the following priorities: (1) maintain the child
within his or her home; (2) remove the child but with the goal
of reuniting the parent and child; or (3) find a permanent
placement for the child. Following the initial placement of a
child in a temporary home, a child is not eligible for adoption
until the court has formally terminated parental rights and
ended family reunification services. Thus, it is imperative
that the temporary placement, whether with a foster home,
relative, or NREFM, assist in the facilitation of court-ordered
family reunification services.
This bill would clarify the timeframes in which a court may
consider placing a child with a relative or NREFM and would make
other clarifying changes regarding placing siblings together in
the same home.
CHANGES TO EXISTING LAW
1.Existing law provides that a minor may be removed from the
physical custody of his or her parents and become a dependent
of the juvenile court for serious abuse or neglect, or risk of
serious abuse or neglect, as specified. (Welf. & Inst. Code
Sec. 300.)
Existing law requires the social worker to immediately release
a child in temporary custody to the child's parent, guardian,
or responsible relative, unless specified conditions exist.
(Welf. & Inst. Code Sec. 309 (a).)
Existing law provides that unless certain exceptions apply,
the primary objective of the juvenile dependency system is
reunification of the minor with his or her family, and the
court must order the social worker to provide services to
reunify children legally removed from a parent. (Fam. Code
Sec. 7950; Welf. & Inst. Code Secs. 202, 300.2, 361.5.)
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Existing law provides that when a court orders removal of a
child from his or her home, the court must order a social
worker to supervise the care, custody, control, and conduct of
the child. (Welf. & Inst. Code Sec. 361.2.)
Existing law allows the social worker to place a dependent
child in the home of a relative or a nonrelative extended
family member (NREFM), or a licensed foster care facility.
(Welf. & Inst. Code Secs. 309 (a), 361.2, 361.3, 362.7.)
Existing law provides that a caseworker must consider the
proximity of the natural parents when placing a child in
out-of-home care in order to facilitate visitation and family
reunification, and requires, prior to placement in long-term
foster care, the county to make diligent efforts to locate an
appropriate relative. (Fam. Code Sec. 7950.)
Existing law defines "relative" 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. Existing law further
provides that only grandparents, aunts, uncles, or siblings
shall be eligible for preferential consideration for
placement. (Welf. & Inst. Code Secs. 319(f), 361.3.)
Existing law defines NREFM as an adult caregiver who has an
established familial relationship with a relative of the child
or a familial or mentoring relationship with the child, and
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. (Welf. &
Inst. Code Sec. 362.7.)
This bill would authorize 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 NREFM after the detention hearing and
pending the dispositional hearing.
This bill would provide that, consistent with the legislative
intent for children to be placed immediately with a
responsible relative, this bill would not limit the social
worker's ability to place a child in the home of an
appropriate relative or a NREFM pending the consideration of
other relatives who have requested preferential consideration.
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2.Existing law requires the county social worker and the court
to consider, when placing with a relative who has requested
the child be placed in his or her home, 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. (Welf. &
Inst. Code Sec. 361.3.)
Existing law provides the intent of the Legislature to
maintain the continuity of the family unit and ensure the
preservation and strengthening of the child's family ties and
sets forth the standards by which social workers and the
courts shall make efforts to place siblings together in the
same home. (Welf. & Inst. Code Sec. 16002.)
This bill would provide that the county social worker and
court shall consider placement of siblings and half siblings
in the same home, unless contrary to the safety and well-being
of any of the siblings.
COMMENT
1.Stated need for the bill
According to the author:
In recognition of the advantages of placing foster care
children with relatives and extended family members, federal
and state law provide preferential consideration of a
relative's request for placement of a child who has been
removed from the physical custody of his or her parents.
Despite this preference, children are still lingering in
foster care or shelters awaiting lengthy assessments of
appropriate relatives. Children lingering in foster care or
shelters while awaiting placement face a higher risk of
becoming a victim of commercial sexual exploitation.
Exploiters know where foster care group homes are and they
actively recruit the most vulnerable children. Exploiters also
use coercion and threats to force these children to recruit
other youth living in the group home or shelter.
By preserving family connections, vulnerable children will be
given a needed sense of stability, belonging, and familial
support in order to help these young people through a
stressful time in their lives.
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2.Nonrelative extended family members considered as placements
under existing law
When abused or neglected children are taken from the custody of
their parents, social workers are required to release a child
temporarily to a responsible parent, guardian, relative, or
nonrelative extended family member (NREFM) , unless a specified
condition exists. (Welf. & Inst. Code Sec. 309.) Unlike
relatives, which must be notified by the social workers, NREFMs
are not sought out by social workers, but are instead adults who
volunteer to provide a home for a particular child because of a
close, preexisting relationship with the child. A social worker
must then petition the court to declare the child a dependent of
the court. Within a short period of time the matter will be set
for hearing. This is known as the "detention hearing" where the
court determines whether the child may be under the jurisdiction
of the dependency court, and whether immediate danger to the
child requires that he or she be detained pending the
"jurisdictional" hearing, which will take place within 15 to 30
days, as specified. (Welf. & Inst. Code Sec. 319.) After the
detention hearing, social workers may also release a child into
the custody of an approved relative or NREFM, defined as
"established familial relationship with a relative of the child
or a familial or mentoring relationship with the child," or
place the child in a licensed foster or group home. (Welf. &
Inst. Code Sec. 361.2(e).)
The jurisdictional hearing offers parents the opportunity to
dispute allegations in the petition filed by the social worker,
and will ultimately determine whether the child comes under the
jurisdiction of the dependency court. The "dispositional
hearing," must be held within 10 days of the jurisdictional
hearing, absent special circumstances, but is often held
immediately after the jurisdictional hearing. (Welf. & Inst.
Code Sec. 352 (b); D.E. v. Superior Court (2003) 111 Cal.4th
502.) This hearing is often considered the "meat and potatoes"
of dependency law because it is when the family's future is
charted. It is during this hearing that the court may order
family reunification services, children can go into a
guardianship (with an approved or licensed out-of-home
caregiver), or may be relinquished for adoption. This bill
would clarify that placement with an approved relative or NREFM
may happen "after the detention hearing, pending the
dispositional hearing."
In support, the Children's Law Center of California writes that
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this bill will "facilitate the prompt placement of children by
specifying that a county social worker may temporarily place a
child with a relative not only pending detention, but also after
detention and pending disposition. It would also clarify that a
child does not need to remain in foster care or a shelter when
more than one relative has requested preferential
consideration."
3.Maintains status quo with regards to preferences for home
placements
This bill would maintain existing preferences under law for
placement with grandparents, aunts, uncles, or siblings. (Welf.
& Inst. Code Sec. 319 (f).) Existing law further requires that
a case worker maintain consideration for the proximity of the
natural parents so as to facilitate visitation and family
reunification, and requires, that unless the child is placed
with a relative eligible for preferential consideration, the
child must be placed in the county of residence of the child's
parent. (Welf. & Inst. Code Sec. 361.2 (g)(1), Fam. Code Sec.
7950.)
Accordingly, approval of a NREFM does not entitle that 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, but
existing law does not provide a guarantee, or a preference, over
any other approved or licensed provider for placement.
4.Clarifying standard regarding sibling placement consistent
with existing law
Existing law requires that preferential consideration be given
to a request by a relative for placement of any child that has
been removed from the custody of his or her parents. In
determining whether placement with a relative is appropriate,
the county social worker and court shall take into account a
number of considerations including: the best interest of the
child; the wishes of the parent, the relative, and the child;
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; the good moral character of the relative and any
other adult living in the home; and the ability of the relative
to provide a safe, secure, and stable environment for the child.
(Welf. & Inst. Code Sec. 361.3.)
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Existing law also provides that it is the intent of the
Legislature to maintain the continuity of the family unit, and
ensure the preservation and strengthening of the child's family
ties by ensuring that when siblings have been removed from their
home, either as a group on one occurrence or individually on
separate occurrences, the siblings will be placed in foster care
together, unless it has been determined that placement together
is contrary to the safety or well-being of any sibling. (Welf. &
Inst. Code Sec. 16002.)
This bill would resolve any inconsistency between the two
statutes above and provide, consistent with previous Legislative
intent, that the social worker and court should consider
placement of siblings and half siblings in the same home, unless
that placement is found to be contrary to the safety and
well-being of any of the siblings.
Support : East Bay Children's Law Center
Opposition : None Known
HISTORY
Source : Children's Law Center of California
Related Pending Legislation : AB 2391 (Calderon, 2014) would
require the county social worker and the court, when determining
whether placement with a relative is appropriate, to consider
specified factors, and would require that consideration for
placement with a relative subsequent to a disposition hearing be
given again without regard to whether a new placement of a child
must be made.
Prior Legislation :
AB 545 (Mitchell, Chapter 294, Statutes of 2013) expanded the
definition of a nonrelative extended family member to include an
adult caregiver who has an established familial relationship
with a relative of the child.
AB 914 (Salda�a, 2007) would have extended the evaluation and
approval requirements for nonrelative extended family caregivers
to nonrelative community support system caregivers, as defined.
This bill died in the Assembly Human Services Committee.
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AB 1695 (Aroner, Chapter 653, Statutes of 2001) conformed state
law with recent federal law relating to the placement of foster
children in licensed or approved homes of non-relatives and
relatives. Created a new category of "nonrelative, extended
family members," who are subject to the same approval process
as relatives and licensed caregivers.
Prior Vote :
Senate Human Services Committee (Ayes 4, Noes 0)
Assembly Floor (Ayes 73, Noes 0)
Assembly Appropriations Committee (Ayes 17, Noes 0)
Assembly Human Services Committee (Ayes 6, Noes 0)
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