BILL ANALYSIS �
SENATE HUMAN
SERVICES COMMITTEE
Senator Jim Beall, Chair
BILL NO: AB 2001
A
AUTHOR: Ammiano
B
VERSION: June 11, 2014
HEARING DATE: June 24, 2014
2
FISCAL: Yes
0
0
CONSULTANT: Mareva Brown
1
SUBJECT
Homeless youth: child welfare services
SUMMARY
This bill requires the California Department of Social
Services (CDSS) to establish a working group to recommend
policies to the Legislature to ensure that homeless,
unaccompanied minors have access to appropriate placements
and services through the state's child welfare system, as
specified. This bill authorizes counties that participate
in the Child Welfare Waiver Demonstration Project to
establish a pilot program of alternative child welfare
services for homeless youth. The bill authorizes each
participating county to use Title IV-E funds and state
foster care funds to provide long-term intensive support
services to meet the needs of homeless youth, including,
among other things, temporary placement in a licensed
homeless youth shelter, as specified. Additionally, this
bill requires a county child welfare agency, upon temporary
placement of a homeless youth into a homeless youth
shelter, to provide case management services, identify
appropriate long-term housing placement opportunities and
Continued---
STAFF ANALYSIS OF ASSEMBLY BILL 2001 (Ammiano)
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wraparound services for the youth, including placement in a
certified transitional housing plus program, and to make a
recommendation as to whether the youth should continue to
receive long-term intensive support services through the
pilot program, or whether a petition should be filed to
adjudicate the youth to be a dependent child of the court.
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
dependent child of the court. (WIC 300)
2)Establishes a juvenile court's jurisdiction over a child
who has suffered, or is at substantial risk of suffering,
serious physical harm or illness, as a result of the
failure or inability of his or her parent or guardian to
adequately supervise or protect the child, or the willful
or negligent failure of the child's parent or guardian to
adequately supervise or protect the child from the
conduct of the custodian with whom the child has been
left, or by the willful or negligent failure of the
parent or guardian to provide the child with adequate
food, clothing, shelter, or medical treatment, or by the
inability of the parent or guardian to provide regular
care for the child due to the parent's or guardian's
mental illness, developmental disability, or substance
abuse. (WIC 300 (b))
3)Prohibits a child from being subject to a juvenile
court's dependency jurisdiction solely due to the lack of
an emergency shelter for the family. (WIC 300 (b))
4)Provides that the focus of the juvenile dependency system
is the preservation of the family as well as the safety,
protection, and physical and emotional well-being of the
child. States that, if removal from the home is
determined to be necessary by the court, reunification of
STAFF ANALYSIS OF ASSEMBLY BILL 2001 (Ammiano)
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the minor with his or her family shall be a primary
objective. (WIC 202 and WIC 300.2)
5)Provides that a case worker shall maintain full
consideration for the proximity of the natural parents to
a placement so as to facilitate visitation and family
reunification and requires the court, before placement in
long-term foster care, to make diligent efforts to locate
an appropriate relative. (FAM 7950)
6)Establishes, in federal law, the McKinney-Vento Homeless
Assistance Act, which provides federal funding for local
homeless assistance projects. (42 USC � 11301, et seq.)
7)Under the McKinney-Vento Homeless Assistance Act,
defines a homeless child or youth as one who lacks a
fixed, regular, and adequate nighttime residence
including:
a) Children and youths who are sharing the housing of
other persons due to loss of housing, economic
hardship, or a similar reason; are living in motels,
hotels, trailer parks, or camping grounds due to the
lack of alternative adequate accommodations; are
living in emergency or transitional shelters; are
abandoned in hospitals; or are awaiting foster care
placement;
b) Children and youths who have a primary nighttime
residence that is a public or private place not
designed for or ordinarily used as a regular sleeping
accommodation for human beings;
c) Children and youths who are living in cars, parks,
public spaces, abandoned buildings, substandard
housing, bus or train stations, or similar settings;
and
d) Migratory children living in the circumstances
described above.
(42 SC � 11434a)
1)Under the Runaway and Homeless Youth Act, defines
"runaway" as an individual who is less than 18 years of
STAFF ANALYSIS OF ASSEMBLY BILL 2001 (Ammiano)
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age and who absents himself or herself from home or a
place of legal residence without the permission of a
parent of legal guardian. (42 U.S.C. 5601)
2)Requires a social worker who believes a child may fall
into the jurisdiction of the dependency court to
immediately make any investigation he or she deems
necessary to determine whether child welfare services
should be offered to the family and whether proceedings
in the juvenile court should be commenced. (WIC 328)
3)Requires the social worker to interview any child four
years of age or older who is a subject of an
investigation, and who is in juvenile hall or other
custodial facility, or has been removed to a foster home,
to ascertain the child's view of the home environment.
(WIC 328)
4)Requires that whenever any person applies to a social
worker to initiate dependency proceedings, the
application must be in the form of an affidavit. Requires
that the social worker investigate immediately to
determine whether child welfare services should be
offered and dependency proceedings should be commenced.
If a petition is not filed within three weeks, the social
worker is required to note the reason for the inaction in
an affidavit and immediately notify the applicant. (WIC
329)
5)Authorizes an applicant, when a social worker does not
file a petition within three weeks, to apply to the
juvenile court to review the decision of the social
worker. The court may either affirm the decision of the
social worker or order him or her to commence juvenile
court proceedings. (WIC 331)
6)Requires the state to seek federal funds to assist in
financing public programs including federal Title IV-E
funds. (WIC 16500.8)
7)Authorizes CDSS to conduct a demonstration project in up
to 20 counties, based on terms of a federal Title IV-E
waiver, to allow flexible use of federal and state foster
care funds by using a federal capped allocation model
over a 5-year period. (WIC 18260)
STAFF ANALYSIS OF ASSEMBLY BILL 2001 (Ammiano)
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8)Requires that any county, state, or federal savings in
the foster care program that occur as a result of the
demonstration project must be reinvested by the counties
in child welfare services program improvements. Requires
that foster care savings will support the counties in
developing a broader and more responsive array of
services that will contribute to improved outcomes for
children and families. Permits any unexpended state and
federal funds may be retained by each county for
expenditure in subsequent fiscal years for purposes
consistent with this section. (WIC 18260 (b))
This bill:
1)States legislative intent to provide a path for homeless
youth to receive independent living skill and homeless
services from homeless youth shelters and child welfare
service agencies under the federal Title IV-E Child
Welfare Waiver Demonstration Project by establishing a
pilot program of alternative child welfare services in
order to reduce homelessness among children.
2)Establishes that, a child residing in a runaway and
homeless youth shelter, as defined, may be found to be a
person described in WIC 300, despite having access to
temporary shelter.
3)Adds to the requirement that a social worker must
interview a child who is four or older and in a custodial
facility or foster home to ascertain the child's view of
the home environment, that a social worker also must
interview any child who has requested child welfare
services or the commencement of juvenile court
proceedings on the basis that he or she is a person
described in Section 300.
4)Requires that if a social worker employs team
decisionmaking or a similar process to determine whether
to commence juvenile court proceedings in a case where a
child, 12 years of age or older, has requested child
welfare services, the process shall include the child, as
well as individuals the child identifies as important to
him or her.
STAFF ANALYSIS OF ASSEMBLY BILL 2001 (Ammiano)
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5)Requires that if a social worker receives an application
filed by a child alleging that he or she is the subject
of abuse or neglect, a petition must be filed with the
court within five days, or the applicant must be provided
the reasons the social worker decided not to proceed.
Establishes the same five-day time frame for a court to
decide, upon appeal, whether to affirm the social
worker's decision or proceed with juvenile court
proceedings.
6)Requires CDSS to establish, with specified stakeholders,
a working group to develop recommendations to ensure that
homeless, unaccompanied minors have timely, reliable
access to appropriate placements and services through the
child welfare system. Requires group to begin meeting no
later than April 1, 2015, and requires recommendations to
be submitted in a report to the appropriate policy and
fiscal committees of the Legislature on or before January
1, 2016.
7)Requires the working group to consider a series of
questions:
a. How do homeless, unaccompanied minors
experience the child welfare system?
b. What local practices have been effective in
assisting homeless, unaccompanied minors within the
child welfare system?
c. What barriers prevent homeless, unaccompanied
minors from accessing the child welfare system?
d. What do homeless, unaccompanied youth want and
need from the child welfare system?
e. How can placements for homeless, unaccompanied
youth incorporate positive youth development?
8)Permits counties that are participating in the federal
Title IV-E Child Welfare Waiver Demonstration Project to
establish a pilot program, with the approval of CDSS, to
implement alternative child welfare services for homeless
youth, and sunsets each pilot project on July 1, 2019.
9)Permits each pilot project to include methods of
identifying homeless youth in order to place them in a
licensed homeless youth shelter, or other appropriate
placement as directed by the county's child welfare
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services agency, and requires a shelter to notify child
welfare services if it determines that a youth in its
care may be eligible for long-term intensive support
services under the pilot program.
10)States legislative intent that local law enforcement
agencies work with county and local child protective
services agencies to identify the appropriate placement,
including placement in a homeless youth shelter, for
youth who come to the attention of law enforcement
because they are homeless.
11)Establishes that in order for a youth to participate in
the pilot program her or she must be 14 years or older
and have been homeless for at least 21 consecutive days;
that a county welfare agency determines long-term
intensive support services are needed and that the agency
finds a reasonable presumption that the youth is a person
described in WIC 300, but determines, upon consultation
with a local homeless youth shelter, if available, that
the youth would be best served by the receipt of
long-term intensive support services through the pilot
program.
12)To the extent permitted by federal law, permits a county
to use state and federal foster care funds within the
IV-E waiver project to provide long-term intensive
support services to homeless youth, and defines those
services to include:
a. Guidance to local law enforcement on when and
how to refer homeless youth to a local homeless
youth shelter or child protective services agency.
b. Temporary placement in a homeless youth shelter
or other age-appropriate placement for up to 45 days
with an extension of 15 days per the approval of a
county child welfare agency, except for the first 21
days, as specified. If a child is temporarily placed
in a homeless youth shelter through the pilot
program, requires the county child welfare agency to
provide justification for the placement, including
whether there are no other appropriate residential
placements available.
c. Wraparound services, as defined.
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13)Requires that when a county child welfare agency places
a child into a temporary placement into a homeless youth
shelter it must do all of the following:
a. Provide case management services, in
coordination with local homeless youth shelters, as
defined.
b. No later than the 30th day of placement,
identify appropriate long-term housing placement
opportunities and wraparound services, including,
but not limited to, in a certified transitional
housing plus program, with identified parents or
relatives, as appropriate, foster family homes, or
group homes with expertise in serving homeless or
runaway children.
c. Decide whether the youth should continue to
receive long-term intensive support services under
the pilot program or whether to file a petition in
dependency court on behalf of the youth, as
specified.
14) Requires CDSS and stakeholders, as specified, to
develop by March 31, 2015 standards for the pilot
program, as defined, to include how Title IV-E funding
may be used and how long it may be provided based on
outcome goals for the youth, casework requirements, the
process for identifying placements and services,
including whether family reunification should be pursued,
and criteria for assessing whether a youth is appropriate
for the pilot project.
15)Permits implementation of the provisions of this bill
with an all-county letter.
16)Clarifies that the bill shall not be construed to limit
the ability of a child protective services agency case
worker or the county child welfare agency to file a
petition to declare a youth to be a dependent child, as
defined.
17)Requires that if a county child welfare agency
determines that a youth should be made a court dependent,
the county agency must consult with a local homeless
youth shelter or other entity with expertise in providing
services to homeless youth in developing the petition.
STAFF ANALYSIS OF ASSEMBLY BILL 2001 (Ammiano)
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Requires the county child welfare agency to comply with
federal and state privacy protections in the developing
the petition.
18)Requires the petition to include, but not be limited to,
all of the following considerations:
a. The reasons why the youth is homeless.
b. Whether the youth received long-term intensive
support services through the pilot program.
c. When applicable, a description of the long-term
intensive support services received through the
pilot program.
d. Recommendations as to whether those long-term
intensive support services should be continued or
modified.
e. Whether additional placement considerations
should be made that will meet the needs of the
youth.
19)Requires CDSS to evaluate the pilot program to determine
the effectiveness of the program in developing and
implementing alternative child welfare services for
homeless youth. Requires CDSS to submit to the
Legislature not later than January 1, 2019 the results of
its evaluation together with a recommendation as to
whether it should be continued.
20)Sunsets the program on January 1, 2020.
FISCAL IMPACT
An analysis by the Assembly Appropriations Committee of a
prior version of this bill, estimated one-time costs
potentially in the range of $200,000 to CDSS to establish
standards and criteria for the pilot program and to
evaluate the pilot program and report to the Legislature.
It estimated ongoing minor costs to CDSS to screen county
participation in the pilot program. This bill has since
been substantially amended.
BACKGROUND AND DISCUSSION
Purpose of the bill:
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The author states that AB 2001 acknowledges there is a
population of young people who because of their chronic
homelessness have developed a certain set of survival
skills that do not lead to successful integration into the
existing child welfare services system focused on family
permanency. According to the author, this unique population
of youth is best served by an independent living skills
program that is culturally competent to the specific needs
of this population as demonstrated by the successful
privately-funded non-profit programs run by several of the
runaway and homeless youth centers for transition-aged
youth. The author states that many of the youth from these
programs are former child welfare youth that have gone
"AWOL" from the system because most child welfare
placements do not accommodate the challenges of a
chronically homeless young person. Approximately 40 percent
of unaccompanied youth identify as Lesbian, Gay Bisexual or
Transgender (LGBT) and fear the child welfare system will
force them back to the very families who turned them out to
the streets, the author states.
In addition to creating a pilot project to target child
welfare services to homeless youth, this bill creates a
specific pathway for a minors to self-initiate a report of
abuse or neglect to child welfare services.
Judiciary amendments
This bill was heard June 17 in the Senate Judiciary
Committee. Due to the short time between hearings, the
author agreed to take that committee's amendments in this
committee. Those amendments are detailed below, but broadly
they delete the expedited timeline of five days for social
workers to investigate and decide whether to file a court
petition in cases where a child self-reports abuse or
neglect. The amendments also add homeless shelters to
juvenile hall and other custodial facilities that prompt an
in-person interview of the child when abuse or neglect is
being investigated.
Youth homelessness
A point-in-time survey conducted in 2011 by the California
Research Bureau within the California State Library,
STAFF ANALYSIS OF ASSEMBLY BILL 2001 (Ammiano)
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reported that based on national survey estimates and
California's youth population, it is likely that 200,000
youth under the age of 18 and thousands of 18 to 24 year
olds are homeless for one or more days a year.<1>
This figure is based on estimates that homeless youth
represent approximately 12 percent of the overall youth
population. Additionally, the survey reported there are 34
temporary and emergency shelters with 555 beds, and that
services for homeless youth are available in only 20 out of
58 counties. The report notes that most homeless youth are
not involved with the child welfare or juvenile justice
systems and therefore are not eligible for services under
those programs. Additionally, the survey reports that
homeless youth do not typically rely on services intended
for homeless adults or families in part because adult
facilities are frequently unable to accommodate minors.
Runaway and Homeless Youth Act
Based on findings that homeless youth are at greater risk
of developing serious health, behavioral and emotional
problems and are in urgent need of temporary shelter and
services, Congress passed the Runaway and Homeless Youth
Act in 1974, and last reauthorized it in 2008. This
legislation establishes a variety of grants at a 90 percent
match to fund public and nonprofit programs serving
homeless youth. Funded services include temporary shelters,
counseling, street-based services, home-based services,
drug abuse education and prevention services, sexual abuse
and sexual exploitation prevention.
California receives between $5 million and $7 million a
year in grants made directly to providers, each of which
-------------------------
<1> California Research Bureau, Homeless Youth Project.
"Programs Serving California's Homeless Youth: Results of a
Point-in-Time Survey." January 2011.
http://cahomelessyouth.library.ca.gov/docs/pdf/SUMMARY-Inven
tory.pdf
STAFF ANALYSIS OF ASSEMBLY BILL 2001 (Ammiano)
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receives a maximum of approximately $200,000. Not all
homeless youth shelters receive these funds, and all
supplement this funding with a mix of county and private
dollars.
Youth shelters
Recent legislation (AB 346 (Stone) Chapter 485, Statutes of
2013) authorized CDSS to license youth shelters as a
subcategory within existing group home regulations and to
modify standards as appropriate. The bill established a 1:8
ratio for staff to youth including overnight staff, limited
shelter capacity to 25 and the length of stay to 21 days,
reflecting standards established in the federal Runaway and
Homeless Youth Act.
AB 346 also provided that an emergency homeless youth
shelter is not required to establish a needs and services
plan for youth, which is developed to ensure that the
longer term needs of the youth are met. Given the short
term nature of a stay in a youth homeless shelter, was
determined not to be practically feasible for these
facilities, nor implementable. Emergency Youth Shelter
Facilities are required to perform an intake assessment of
the child's needs, including a mental health and medical
assessment.
Child welfare system
Slightly more than 61,000 children were in California's
child welfare system as of January 1, 2014, according to
data compiled and reported by the Center for Social
Services Research at U.C. Berkeley. In California, CDSS
oversees a county-administered child welfare services
system which responded to approximately 40,000 reports of
abuse, neglect or exploitation in 2012. Children whose care
is overseen by the child welfare system are alleged to be
abused or neglected by their caregivers. Homelessness alone
is not sufficient reason for a youth to be made a dependent
of the juvenile court.
Placement Decisions within the Child Welfare System
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The goal of the child welfare system, when possible, is to
reunite the child with the parent by providing training,
support and services to the parent. The process requires
the courts to facilitate frequent visits between the child
and biological parent and, in some cases, permits the
parents to retain some decision-making about the child's
circumstances.
The federal Adoption Assistance and Child Welfare Act of
1980 (P.L. 96-2720), requires State agencies to demonstrate
that "reasonable efforts" have been made to provide
assistance and services to prevent the removal of a child
from his or her home and to make it possible for a child
who has been placed in out-of-home care to be reunited with
his or her family. The law provides for numerous exceptions
to this requirement, including when the parent has
abandoned 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, 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.
STAFF ANALYSIS OF ASSEMBLY BILL 2001 (Ammiano)
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Following a child's initial placement, until a court has
terminated parental rights and ended family reunification
services, the focus of the system is to seek to preserve
family continuity.
IV-E Waiver demonstration project
Under California's Title IV-E Child Welfare Waiver
Demonstration Capped Allocation Project, participating
counties may use their federal Title IV-E funds for
alternative and creative projects that help children and
families avoid a child's entry into dependency. The intent
is to permit counties to use flexible funding to target
appropriate services to a child or family before removal
from the home is needed.
Currently, just two counties are participating in the IV-E
waiver project: Alameda and Los Angeles. Another 23
counties that have expressed interest in participating in a
second phase of the demonstration project. According to a
timeline released by CDSS, interested counties were
required to submit letters of intent to the state by May
30; CDSS must negotiate terms and conditions of the waivers
with the federal Administration on Children and Families by
June 30, 2014 and the plans are executed and finalized by
July 31, 2014.
Related legislation:
AB 346 (Stone) Chapter 485, Statutes of 2013 established
licensing regulations for Emergency Youth Shelter
Facilities, including staffing ratios and lengths of stay.
AB 868 (Ammiano) Chapter 300, Statutes of 2013 required the
Judicial Council to establish training programs for judges
on the effects of gender identity and sexual orientation in
family law proceedings. This bill also requires the
Judicial Council to create training standards on cultural
competency and sensitivity relating to, and best practices
for, providing adequate care to LGBT youth for counsel in
juvenile court and appointed special advocates (CASAs).
AB 1856 (Ammiano) Chapter 639, Statutes of 2012 required
the training for administrators of a group home facility,
STAFF ANALYSIS OF ASSEMBLY BILL 2001 (Ammiano)
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licensed foster parents, and relative or nonrelative
extended family member caregivers to also include
instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to LGBT
youth in out-of-home care.
SB 119 (Lowenthal) 2012 would have created a licensing
category for emergency youth shelter facilities and would
have directed CDSS to adopt regulations for them by January
1, 2013. It was held in Senate Appropriations Committee. At
the time, it was not clear whether DSS could implement
these provisions through regulation or whether statute was
needed.
COMMENTS
Staff recommends the following amendments to clarify that
child welfare investigations may be initiated only when
neglect or abuse is alleged, as specified in WIC 300.
Page 5, line 30
A child residing in a runaway and homeless youth shelter as
defined in Section 1052.35 of the Health and Safety Code
who is alleged to come within the provisions of Section 300
may be found to be a person described in this subdivision,
despite having access to temporary shelter.
Page 13, line 3
(d) To the extent permitted by federal law, and based on
the terms and conditions of the federal Title IV-E waiver,
each pilot program established pursuant to this section may
use Title IV-E and state foster care funds or other local
sources of funding including but not limited to county
general funds or revenues received under 1991 or 2011
realignment to provide long-term intensive support services
to meet the needs of homeless youth, which shall include
each of the following:
Page 14, line 10
(f) The department, in consultation with the California
County Welfare Directors Association and child welfare and
homeless youth advocates, shall develop, no later than
March 31, 2015, the following standards and criteria for
the pilot program:
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Judiciary Committee amendments
This bill was heard June 17 in the Senate Judiciary
Committee. Due to the short time between hearings, the
author agreed to take that committee's amendments in this
committee. Those amendments are:
a) Strike Section 3
b) Welf & Inst. Code Sec. 328 is amended to read:
"?The social worker shall interview any child four
years of age or older who is a subject of an
investigation, and who is in juvenile hall, a runaway
and homeless youth shelter as defined in Section
1052.35 of the Health and Safety Code or any other
community care facility described in Section 1502 of
the Health and Safety Code, or other custodial
facility, or has been removed to a foster home, to
ascertain the child's view of the home environment. If
proceedings are commenced, the social worker shall
include the substance of the interview in any written
report submitted at an adjudicatory hearing, or if no
report is then received in evidence, the social worker
shall include the substance of the interview in the
social study required by Section 358. A referral based
on allegations of child abuse from the family court
pursuant to Section 3027 of the Family Code shall be
investigated to the same extent as any other child
abuse allegation.
If the social worker employs team decisionmaking or a
similar process to determine whether to commence
juvenile court proceedings in a case for a child who
is 12 years of age or older, the process shall include
the child, as well as individuals the child identifies
as important to him or her.
c) Strike Section 4
d) Page 10, line 36 strike "may" and insert "shall"
e) Page 10, line 38, after "proceedings" insert within
five judicial days"
f) Page 10, strike lines 39-40
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g) Page 11, strike lines 1-3
Additional Author's amendments:
Page 11, after line 34 insert
" (F) How can the Child Welfare System make it easier for
unaccompanied minors to self-initiate child welfare
services or the commencement of juvenile court
proceedings on the basis that he or she is a person
described in Section 300?
(G) How do child welfare investigation timelines and
juvenile court timelines affect unaccompanied minors who
self-initiate child welfare services or the commencement
of juvenile court proceedings on the basis that he or she
is a person described in Section 300? "
PRIOR VOTES
Senate Judiciary 6 - 0
Assembly Floor 77 - 0
Assembly Appropriations 17 - 0
Assembly Human Services 5 - 0
POSITIONS
Support: Bill Wilson Center
Coalition for Youth
Fresno Economic Opportunities Commission
Home Start, Inc.
John Burton Foundation
Redwood Community Action Agency
Oppose: None received.
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