BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 977|
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THIRD READING
Bill No: SB 977
Author: Liu (D)
Amended: 5/13/14
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 3-1, 4/22/14
AYES: Liu, DeSaulnier, Hancock
NOES: Berryhill
NO VOTE RECORDED: Wyland
SENATE JUDICIARY COMMITTEE : 7-0, 5/6/14
AYES: Jackson, Anderson, Corbett, Lara, Leno, Monning, Vidak
SENATE APPROPRIATIONS COMMITTEE : 5-1, 5/23/14
AYES: De Le�n, Hill, Lara, Padilla, Steinberg
NOES: Gaines
NO VOTE RECORDED: Walters
SUBJECT : Juvenile
SOURCE : Author
DIGEST : This bill imposes 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/her parent who is enrolled in
a certified substance abuse treatment facility that allows a
dependent child to reside with his/her parent. This bill
requires courts to consider whether a child can be returned to
the custody of his/her parent in these situations, as specified.
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ANALYSIS :
Existing Law:
1. Requires a child to 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, including 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.
2. Requires that, at an initial petition hearing, the court to
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.
3. 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. 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.
4. Provides that specified 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.
5. Provides that when a court orders the removal of a child as
specified, 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
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with that parent unless such placement would be detrimental
to the safety, protection or physical and emotional wellbeing
of the child.
6. 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.
This bill:
1. Requires the court to consider whether a child can be
returned to the custody of his/her parent who is enrolled in
a certified substance abuse treatment facility that allows a
dependent child to reside with his/her parent.
2. 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.
3. Expands the information social workers are required to
include in each social study or evaluation to the courts, as
specified to include a factual discussion of whether the
child can be returned to the custody of hi/her parent who is
enrolled in a certified substance abuse treatment facility
that allows a dependent child to reside with his/her parent.
4. Expands the information social workers are required to
include in each supplemental report to the courts, as
specified to include a factual discussion of whether the
child can be returned to the custody of his/her parent who is
enrolled in a certified substance abuse treatment facility
that allows a dependent child to reside with his/her parent.
5. Specifies that treatment services under the Promoting Safe
and Stable Families Program may include treatment at a
residential substance abuse treatment facility that accepts
families.
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Background
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.
The court has broad authority to direct orders to the 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.
Substance Abuse Treatment Facilities . The 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.
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
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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." 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 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
According to the Senate Appropriations Committee:
Potential increase in state costs (non-reimbursable) of about
$75,000 (General Fund) for every 5% 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.
SUPPORT : (Verified 5/23/14)
Los Angeles Dependency Lawyers, Inc.
ARGUMENTS IN SUPPORT : 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 states that
a growing number of Residential Substance Abuse Treatment
Facilities offer residential beds for the children of clients,
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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.
Los Angeles Dependency Lawyers (LA Dependency Lawyers) states
this bill will facilitate families staying together because it
will allow juvenile dependency courts to let a parent retain
custody of a child while the parent is enrolled in and residing
at a certified substance abuse treatment facility that provides
family housing. LA Dependency Lawyers write that national
studies have found that the long children are separated from
their parents the more difficult it is to reunify families and
that these studies show parents participating in residential
substance abuse treatment facilities have more success in
overcoming their addiction than parents not participating in an
inpatient program.
JL:d 5/27/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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