BILL ANALYSIS �
SENATE HUMAN
SERVICES COMMITTEE
Senator Carol Liu, Chair
BILL NO: SB 977
S
AUTHOR: Liu
B
VERSION: March 17, 2014
HEARING DATE: April 22, 2014
9
FISCAL: No
7
7
CONSULTANT: Sara Rogers
SUBJECT
Juveniles: Dependency Court
SUMMARY
This bill requires, in specified juvenile dependency court
hearings, that the court consider whether a child can be
returned to the custody of a parent who is enrolled in a
certified substance abuse treatment facility that allows a
dependent child to reside with the parent. Additionally,
this bill provides that a parent's enrollment in such a
facility shall not be, for that reason alone, prima facie
evidence of substantial danger.
ABSTRACT
Existing Law:
1.Provides that a child shall be within the jurisdiction of
the juvenile court when the child has suffered, or is of
substantial risk of suffering, serious physical harm or
illness as a result of the following: (WIC 300 (b))
Continued---
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A failure or inability of the parent or
guardian to adequately supervise or protect the
minor;
A failure or inability of the parent or
guardian to adequately supervise or protect the
minor from the conduct of a custodian with whom the
child has been left;
A willful or negligent failure of the parent or
guardian to provide the minor with adequate food,
clothing, shelter, or medical treatment;
The inability of the parent or guardian to
provide regular care for the minor due to the
parents or guardians mental illness developmental
disability or substance abuse.
1.Provides that, at the initial petition hearing, the court
shall make a determination based upon the social workers
report or other evidence, as to whether reasonable
efforts were made to prevent the removal of the child and
whether there are available services that would prevent
the need for further detention. Provides that services to
be considered include:
Case management
Counseling
Emergency shelter care
Emergency in-home caretakers
Out of home respite care
Teaching and demonstrating homemakers
Parenting training
Transportation
Family preservation services which include
counseling, mental health treatment, substance abuse
treatment services, parenting, respite, day
treatment, transportation, homemaking and family
support services.
1.Provides that, in all cases in which a minor is adjudged
a dependent child of the court as specified, the court
may limit parental control over an adjudged dependent
child and requires the court to clearly and specifically
set forth those limitations. Provides that such
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limitations may not exceed those necessary to protect the
child. Additionally provides that a child shall not be
taken from the physical custody of the parent or guardian
unless the court finds clear and convincing evidence of a
substantial danger to the child, and there are no
reasonable means to protect the child. (WIC 361)
2.Except as specified, requires the juvenile court to order
the county to provide child welfare services to the minor
and the minor's parents or guardians, and permits the
court to order the parent or guardian to participate in
counseling or other treatment services. (WIC 361.5)
3.Provides that the above services are not required to be
provided if the court finds that the parent or guardian
of the minor has a history of extensive abusive, and
chronic use of drugs and alcohol and has resisted prior
treatment for this problem during the prior three-year
period or has failed or refused to comply with a program
of drug or alcohol treatment described in the case plan
on at least two prior occasions, even though the programs
were available and accessible. (WIC 361.5)
4.Provides that when a court orders the removal of a child
pursuant to the above dispositional hearing, the court
shall determine whether there is a parent of the child,
with whom the child was not residing, who desires custody
and requires the court to place the child with that
parent unless such placement would be detrimental to the
safety, protection or physical and emotional wellbeing of
the child. (WIC 361.2)
5.Provides that, at the review hearing held six months
after the initial dispositional hearing, but no later
than 12 months after the child entered foster care, the
court shall order the return of the child to the parent
or guardian unless the court finds clear and convincing
evidence of a substantial risk of detriment to the child
as established by the social worker. Requires the court
to consider the criminal history of the parent, as
specified. (WIC 361.21 (e))
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6.Provides that the permanency hearing shall be held no
later than 12 months after the date the child entered
foster care, as defined. Requires the court to determine
the permanent plan for the child, and requires the court
to order the return of the child to the parent or
guardian unless the court finds unless the court finds
clear and convincing evidence of a substantial risk of
detriment to the child as established by the social
worker. Requires the court to consider the criminal
history of the parent, as specified, and to consider
whether reasonable services were provided or offered to
the parent or guardian. (WIC 361.21 (f))
7.Permits the court to continue a case for the permanency
hearing for up to six months if there is a substantial
probability that the child will be returned to the
physical custody of the parent or legal guardian within
the extended time. (WIC 361.21 (g))
8.Permits the court to continue a case at the permanency
hearing for up to six months if the court determines by
clear and convincing evidence that the best interests of
the child would be met through additional reunification
services to a parent or guardian making substantial
progress in a court-ordered residential substance abuse
treatment program, or a parent recently discharged from
incarceration, institutionalization or the custody of
homeland security. (WIC 366.22 (b))
9.Requires county child welfare services to notify the
court when a legal guardianship that led to the dismissal
of dependency is subsequently revoked or terminated and
requires that the child's parents be notified and
permitted to participate in the new permanency hearing
unless parental rights have been terminated. (WIC 366.3)
This bill:
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1. Requires, at a detention hearing pursuant to WIC
319, the following:
The court to consider whether a child can
be returned to the custody of a parent who is
enrolled in a certified substance abuse treatment
facility that allows a dependent child to reside
with the parent.
The fact that a parent is enrolled in a
certified substance abuse treatment facility that
that allows a dependent child to reside with the
parent shall not be, for that reason alone, prima
facie evidence of substantial danger.
The court to specify the factual basis
for its conclusion.
1. Requires, at the dispositional hearing pursuant to
WIC 361, the court to consider whether a child can be
returned to the custody of a parent who is enrolled in
a certified substance abuse treatment facility that
allows a dependent child to reside with the parent, as
a reasonable means to protect the minor.
2. Provides that if a non-custodial parent seeks
custody of a dependent child pursuant to WIC 361.2,
the fact that a parent is enrolled in a certified
substance abuse treatment facility that that allows a
dependent child to reside with the parent shall not
by, for that reason alone, prima facie evidence of
substantial danger.
3. Provides that at the six month review hearing and
the 12 month, 18 month and (if applicable) 24 month
permanency hearings the court shall consider whether a
child can be returned to the custody of a parent who
is enrolled in a certified substance abuse treatment
facility that allows a dependent child to reside with
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the parent. Additionally, provides that the fact that
a parent is enrolled in a certified substance abuse
treatment facility that that allows a dependent child
to reside with the parent shall not be, for that
reason alone, prima facie evidence of substantial
danger.
4. Provides that when a legal guardianship that led to
the dismissal of dependency is subsequently revoked or
terminated and the parents are considered as
custodians, the court shall consider whether a child
can be returned to the custody of a parent who is
enrolled in a certified substance abuse treatment
facility that allows a dependent child to reside with
the parent.
FISCAL IMPACT
This bill has not been analyzed by a fiscal committee.
BACKGROUND AND DISCUSSION
According to the author, when parents commit a crime and
are sentenced to substance abuse treatment for drugs and
alcohol Juvenile Dependency Courts often have to place
children out of home, separating the parent from the child
and making reunification more difficult. The author and
sponsor state that a growing number of Residential
Substance Abuse Treatment Facilities (RSATFs) offer
residential beds for the children of clients, however
courts frequently do not consider whether a dependent child
can be safely returned to the custody of a parent who
resides in such a facility. The author states that this
bill would specify that the fact that a parent is enrolled
in a certified substance abuse treatment facility that
allows a dependent child to reside with the parent is not,
for that reason alone, prima facie evidence of detriment or
substantial danger.
The sponsor, Los Angeles Dependency Lawyers, state that
this bill would ensure that courts make a specific
determination about whether a child can safely remain with
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a parent who is a resident of a certified substance abuse
treatment facility that allows a dependent child to reside
with the parent, whereas currently many courts do not even
consider such a placement. Additionally, the sponsor states
that the Affordable Care Act provides additional coverage
for such placements, increasing accessibility for parents
who have lost custody of their children due to drug or
alcohol abuse. Additionally, the sponsor notes that staff
working in such facilities are mandated reporters and that
the facility is specifically licensed to provide residence
to the children of clients so that children residing with
their parents in such facilities are in a potentially safer
environment than out-of-home foster care placements.
The sponsor cites a National Survey of RSTAFs which states
that approximately 14 percent of RSATFs provide beds for
client's children and that such facilities were more likely
than those that did not to provide an array of specialized
services shown to help individuals become more
self-sufficient and in control of their lives. The survey
states that the provision of these additional services to
the parent "increases the likelihood that the children's
essential needs will be met."
Juvenile Dependency Process - Limitations on Parental
Rights
The juvenile dependency process is designed to provide
maximum safety and protection for children who currently
are, or are at risk of being physically, sexually, or
emotionally abused, being neglected, or being exploited,
while at the same time maintaining a focus on the
preservation of the family. (WIC 300.2)
The court has broad authority to direct orders to the
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parent, parents, or guardian of a minor who is subject to a
dependency proceeding as the court deems necessary and
proper for the best interests of?the minor. These orders
may concern the care, supervision, custody, conduct,
maintenance, and support of the minor, including education
and medical treatment."
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, however
in such cases 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. (WIC 300 et
seq.)
At the initial detention hearing and at subsequent
hearings, the court is required to consider whether
reasonable efforts have been made to prevent or eliminate
the need for removal of or out of home placement for the
child. The list of services includes mental health and
substance abuse treatment for the parents.
Following the detention hearing, the court is required to
hold a "jurisdictional hearing" to determine whether the
minor has been or is at risk of abuse or neglect. If a
minor is detained in custody, the hearing must be held
within 15 days after the detention hearing.<1> A
"disposition hearing" must be held 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
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-------------------------
<1> WIC 334 and WIC 355
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child or family.<2> Following these hearings, the court is
required to hold a series of permanency hearings to
determine the permanent plan for the dependent child,
including determining whether the child will be returned to
the parent, and if so, when.<3>
Substance Abuse Treatment Facilities
The California Department of Health Care Services licenses
residential facilities that provide non-medical services to
adults who are working to overcome their addiction to
alcohol and/or other drugs. Services include education,
group, or individual sessions; recovery or treatment
planning; and detoxification services. Additionally, a
facility may offer individualized services such as
vocational and employment search training, community
volunteer opportunities, new skills training, peer support,
social and recreational activities. Adult facilities may
also serve a limited number of adolescents (14 and older)
on a waiver basis and some facilities allow dependent
children to reside with their parents.<4>
According to the Department of Health Care Services,
approximately 40 percent of clients receiving drug and
alcohol treatment are women and that 61 percent of those
women had minor children.<5> Nearly one quarter of women
in treatment reside in residential substance abuse
treatment programs.
-------------------------
<2> WIC 360 and WIC 361
<3> WIC 366.21, 366.22, and 366.25
<4>
http://www.dhcs.ca.gov/provgovpart/Documents/SUDCD_FAQs.pdf
<5> ibid
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A research and policy review paper commissioned by the
California Department of Alcohol and Drug Programs (ADP)<6>
cites research that has shown that that women may fear that
they would jeopardize custody of their children if they
enter substance abuse treatment or may be reluctant to
admit to substance abuse problems in child welfare
assessments for that reason and this may complicate and
delay treatment efforts. Additionally, the report states
that "a body of research has demonstrated that women have
higher rates of treatment completion and better outcomes in
residential treatment programs [that] have live-in
accommodations for children."
California receives federal funds through the Substance
Abuse Prevention and Treatment Block Grant (SAPT). The SAPT
is a federal formula grant awarded to the single state
agency in each state. Pursuant to federal law, at least
$15.5 million in SAPT Block Grant funds must be set aside
for pregnant women and women with dependent children. These
funds are dispersed to counties, which must spend their
fully allotted amount of funding for this purpose.
Drug and Alcohol Dependency in the Child Welfare System
According to the procedural manual for Los Angeles County
"the mere fact that the parent is abusing drugs or alcohol
does not mean that a child should automatically be removed
from the home. A thorough assessment of the family must be
completed to assess if alcohol or drug use is impairing a
parent's judgment and ability to provide a sufficient and
safe minimal level of care to the child."<7> This
assessment is required to include information on the nature
of the substance abuse, the accessibility of the drugs and
or alcohol to the children, the willingness of the parent
to address the substance abuse, the ability of the family
-------------------------
<6>
http://www.adp.ca.gov/oara/pdf/SARC_white%20paper_ADP_Grella
.pdf
<7> Procedural Guide 0070-521.10
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to acknowledge the risks posed, and the availability of
family or extended family support and their ability to
protect the children. Additionally, the procedural guide
calls on county social workers to determine the client's
ability and willingness to participate in treatment and to
evaluate any prior attempts at sobriety, the duration of
use, frequency, and type of substance(s) used.
Comments:
1. Existing law clearly permits the court to place a
child with a parent who is receiving treatment for
drug and alcohol abuse, and in several instances
provides that the failure of a parent to participate
in treatment may be prima facie evidence that
conditions exist to prevent reunification.<8> Existing
law additionally provides that the social worker shall
make a recommendation to the court. Staff notes that
because the court relies in practice on the social
worker's recommendation, the author may wish to
consider amending the bill to ensure that the social
worker evaluations also consider this information in
their recommendation and in their court report.
Otherwise, this bill may require the court to consider
information that it may not have available.
Specifically, staff recommends the author consider
amending Sections 358.1, 366.1, and 16500 et seq of
the Welfare and Institutions Code.
2. Additionally, the author may wish to amend WIC16500
and/or subsequent code sections which describe the
policies and services to be used to reduce the
necessity of removing children from their homes and to
encourage speedy reunification through family
preservation and family reunification services. WIC
16500.5 (c) provides that family preservation services
may include mental health and substance abuse
treatment, however is silent regarding residential
treatment facilities that offer residential beds for
dependent children.
-------------------------
<8> WIC 364 (c)
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POSITIONS
Support: Children's Law Center of California
Los Angeles Dependency Lawyers, Inc.
Oppose: None received.
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