BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Kevin de Le�n, Chair
SB 977 (Liu) - Juveniles.
Amended: May 13, 2014 Policy Vote: HS 3-1, JUD 7-0
Urgency: No Mandate: Yes
Hearing Date: May 19, 2014 Consultant: Jolie Onodera
This bill meets the criteria for referral to the Suspense File.
Bill Summary: SB 977 would impose additional duties on social
workers to include in each social study, evaluation, and
supplemental report to the courts a factual discussion of
whether a child can be returned to the custody of his or her
parent who is enrolled in a certified substance abuse treatment
facility that allows a dependent child to reside with his or her
parent. This bill would require courts to consider whether a
child can be returned to the custody of his or her parent in
these situations, as specified.
Fiscal Impact:
Potential increase in state costs (non-reimbursable) of
about $75,000 (General Fund) for every five percent of
dependent youth that require additional county social worker
time to include a factual discussion in social studies,
evaluations, and supplemental reports to the courts.
Unknown, potential future cost savings (Local) in reduced
time spent in dependent care to the extent youth are
returned to the custody of their parents sooner than
otherwise would occur under existing law.
Background: Current law provides that when a court orders the
removal of a child from the custody of his or her parent due to
abuse, neglect, or potential abuse or neglect, the court is
generally required to order the return of the child to the
physical custody of his or her parent, unless the court finds
that the return of the child would create a substantial risk of
detriment, or substantial danger, to the safety, protection, or
physical or emotional well-being of the child.
This bill seeks to ensure that courts are able to consider
whether or not to release a child to the custody of his or her
parent who is enrolled in a certified substance abuse treatment
SB 977 (Liu)
Page 1
facility that allows a dependent child to reside with his or her
parent, and requires additional information in mandated social
studies, evaluations, and supplemental reports to assist the
courts in making these determinations.
Proposed Law: This bill:
Requires the court to consider whether a child can be returned
to the custody of his or her parent who is enrolled in a
certified substance abuse treatment facility that allows a
dependent child to reside with his or her parent.
Provides that the fact that the parent is enrolled in a
substance abuse treatment facility shall not be, for that
reason alone, prima facie evidence of substantial danger, and
requires the court to specify the factual basis for its
conclusion.
Expands the information social workers are required to include
in each social study or evaluation to the courts pursuant to
WIC � 358.1 to include a factual discussion of whether the
child can be returned to the custody of his or her parent who
is enrolled in a certified substance abuse treatment facility
that allows a dependent child to reside with his or her
parent.
Expands the information social workers are required to include
in each supplemental report to the courts pursuant to WIC �
366.1 to include a factual discussion of whether the child can
be returned to the custody of his or her parent who is
enrolled in a certified substance abuse treatment facility
that allows a dependent child to reside with his or her
parent.
Specifies that treatment services under the Promoting Safe and
Stable Families (PSSF) program may include treatment at a
residential substance abuse treatment facility that accepts
families.
Staff Comments: By increasing the duties of county social
workers, this bill could require a subvention of funds from the
state as provided under Proposition 30 (2012). It is unknown how
many cases would be impacted under the provisions of this bill,
but for every 2,000 cases (less than 5 percent of dependent
children) that require a social worker to spend an additional 30
minutes to include a factual discussion of the reason(s) why a
child should or should not be returned to the custody of his or
her parent who is enrolled in a substance abuse treatment
program that allows dependent children to reside in the
SB 977 (Liu)
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facility, annual costs could be about $75,000 statewide.
Prior to Fiscal Year (FY) 2011-12, the state and counties
contributed to the non-federal share of various social service
programs. AB 118 (Committee on Budget) Chapter 40/2011 and ABX1
16 Chapter 13/2011 realigned state funding to the counties
through the 2011 Local Revenue Fund (LRF) for various programs,
including foster care and child welfare services. As a result,
beginning in FY 2011-12 and for each fiscal year thereafter,
non-federal funding and expenditures for these activities
including child foster care and child welfare services are
funded through the LRF.
Proposition 30, passed by the voters in November 2012, among
other provisions, eliminated any potential mandate funding
liability for any new program or higher level of service
provided by counties related to the realigned programs. Although
the provisions of this bill are a mandate on local agencies, any
increased costs would not appear to be subject to reimbursement
by the state. Rather, Proposition 30 specifies that for
legislation enacted after September 30, 2012, that has an
overall effect of increasing the costs already borne by a local
agency for realigned programs, which would include child welfare
services and foster care, the provisions shall apply to local
agencies only to the extent that the state provides annual
funding for the cost increase.