BILL ANALYSIS �
SB 977
Page 1
Date of Hearing: June 24, 2014
ASSEMBLY COMMITTEE ON JUDICIARY
Bob Wieckowski, Chair
SB 977 (Liu) - As Amended: June 16, 2014
SENATE VOTE : 29-5
SUBJECT : DEPENDENT CHILDREN: PLACEMENT
KEY ISSUE : IN ORDER TO KEEP CHILDREN WITH THEIR PARENTS WHEN
SAFE AND APPROPRIATE, SHOULD THE DEPENDENCY COURT BE REQUIRED TO
CONSIDER WHETHER A CHILD CAN BE RETURNED TO A PARENT WHO IS IN A
SUBSTANCE ABUSE TREATMENT FACILITY THAT PERMITS CHILDREN?
SYNOPSIS
Studies show that both parents and children can benefit when
children are placed with a parent enrolled in a substance abuse
treatment facility that allow for children. Given that, this
non-controversial bill requires the dependency 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 children. The bill also provides that the
fact that a parent is enrolled in such a substance abuse
treatment facility is not, for that reason alone, prima facie
evidence of detriment or substantial danger. This bill is
sponsored by the Los Angeles Dependency Lawyers and supported by
the Dependency Legal Group of San Diego and the Family Law
Section of the State Bar. There is no known opposition.
SUMMARY : Requires the court to consider placement of a
dependent child with a parent who is enrolled in a substance
abuse treatment facility. Specifically, this bill :
1)Requires the court to consider, at the detention,
dispositional, and review hearings, 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.
2)Provides that the fact that the parent is enrolled in a
substance abuse treatment facility shall not, for that reason
alone, be prima facie evidence of substantial danger, and
requires the court to specify the factual basis for its
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conclusion that return of the child to the parent would or
would not pose a substantial danger to the physical health,
safety, protection or physical or emotional well-being of the
child.
3)Expands the information social workers are required to include
in each study, evaluation or supplemental report to the court
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
the dependent child to reside with his or her parent.
4)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.
EXISTING LAW :
1)Provides that a child can be made a dependent of the juvenile
court when he or she has suffered, or is at a substantial risk
of suffering, serious abuse or neglect, including by the
inability of the parent or guardian to provide regular care
for the child due to the parent's or guardian's substance
abuse. (Welfare & Institutions Code Section 300. Unless
stated otherwise, all further statutory references are to that
code.)
2)Requires the court, at the initial petition hearing to
determine whether the child should be further detained, to
determine 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. (Section
319.)
3)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 that there are no reasonable means to protect the child.
Provides that the court may limit parental control over a
dependent child, but that such limitations may not exceed
those necessary to protect the child. (Section 361.)
4)Provides that the court shall order the county to provide
child welfare services, except as specified, to the child and
the child's parents or guardians, and permits the court to
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order the parent or guardian to participate in counseling or
other treatment services. Provides that the services are not
required to be provided if the court finds that the parent or
guardian has a history of extensive drug or alcohol use and
has resisted prior treatment, as specified. (Section 361.5.)
5)Requires the court, at the review hearing, to order a
dependent child returned to the custody of his or her parents
unless the court finds, by a preponderance of the evidence,
that returning the child would create a substantial risk of
harm to the child. (Section 366.21.)
6)Authorizes the court to continue 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 guardian within the extended time. (Section 366.21(g).)
7)Authorizes the court to continue 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 making
substantial progress in a court-ordered residential substance
abuse treatment program. (Section 366.22(b).)
8)Encourages the continuity of families and provides family
preservation services to families who are at risk of removal
of their children for out-of-home placement. (Section
16500.5.)
FISCAL EFFECT : As currently in print this bill is keyed fiscal.
COMMENTS : The objectives of the juvenile dependency system are
to ensure children's safety and protection, and where possible,
preserve and strengthen families. If children can be maintained
safely with their parents, that is the first preference, often
with supportive services provided to the parents. In the event
that a child cannot be returned to the parent, he or she can be
placed with a relative or an extended non-relative family
member, in a foster family home or even in a group home. This
bill seeks to ensure that, if the parent is placed in a
residential substance abuse treatment facility that allows
children to reside with their parents, the juvenile court
considers whether or not to release the child into the custody
of that parent. In support of the bill, the author states:
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When parents are sentenced to substance abuse treatment for
drugs or alcohol, courts often have to place children in
temporary custody and later determine when the parent and
child can be safely reunited. The longer parents and
children are separated, the more difficult it can be to
reunify families.
This bill requires the court to consider whether the child
can be returned to the custody of his or her parent who is
enrolled in [a] substance abuse treatment center. The 2003
federal evaluation of the Center for Substance Abuse
Treatment of the Pregnant and Postpartum Women and their
Infants Program found that six months after treatment:
60 percent of mothers remained clean and sober after
discharge.
44 percent of the children in the programs were
returned to their mothers from foster care.
88 percent of children treated in programs with
their mothers remained with their mothers.
This bill gives court hearing officers the option of
placing a parent and child together during substance abuse
treatment, if the facility has family housing.
Background on Parents and Substance Abuse : There is a
significant correlation between substance abuse and the child
welfare system. According to the Department of Health Care
Services (DHCS), approximately 40 percent of clients receiving
drug or alcohol treatment are women and 61 percent of those
women have minor children. California provides a number of
resources for individuals who struggle with drug or alcohol
abuse. DHCS licenses residential facilities that provide
non-medical services to adults who are working to overcome
substance abuse problems, including education sessions, recovery
or treatment planning, and detoxification services. Many
facilities offer individualized services, which can include
vocational or new skills training, and some of the facilities
allow dependent children to reside with their parents. Studies
have shown that women in residential treatment programs that
provide live-in accommodations for children have higher
completion rates and better outcomes. (Christine E. Grella,
Substance Abuse Treatment Services for Women: A Review of Policy
Initiatives and Recent Research (Nov. 2007).)
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Measure Allows Children to be Placed With a Parent in a
Substance Abuse Treatment Facility : This bill first requires
that social workers consider, in the report to the court,
whether a child may be returned to the custody of his or her
parent who is enrolled in a facility that allows the child to
reside with his or her parent. This ensures that the social
worker not only considers such placement, but provides the court
with sufficient information for its review. The bill then
requires that the court consider whether such a placement is
appropriate and provides that the fact that a parent is enrolled
in a certified substance abuse treatment facility is not, in and
of itself, evidence of substantial danger or detriment to the
child. This allows the court to refuse to place the child with
the parent, but requires that the court not do so simply because
it is a substance abuse treatment facility.
While there is no prohibition in existing law preventing placing
children with parents in facilities, and in fact, parents who do
not participate in court ordered treatment programs run the risk
of having reunification denied, the author is concerned that
social workers and courts may not fully consider such
placements. Given the existing policy which emphasizes
reunification with parents and the preservation of the family,
and the fact that some facilities may allow children to reside
with parents seeking treatment, this bill simply requires courts
to consider such placements.
As recently amended, this bill no longer requires consideration
of placement with a parent in a substance abuse treatment
facility at a post-permanency hearing. At that point, the
objective has shifted from reunification with the parents to
other permanency options for the child. Given that, it is
appropriate to not require consideration of whether to place a
child with a parent at a substance abuse treatment facility
after reunification efforts have terminated.
ARGUMENTS IN SUPPORT : In support of the bill, the Dependency
Legal Group of San Diego writes:
Many of the cases that come into our child welfare system
involve substance abuse by the parents, resulting in the
children being removed from the home. Often residential
drug and alcohol programs offer a wide variety of services
that secure the parent's progress in rehabilitation while
maintaining a structured family environment. This
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alternative reinforces the importance of safe parenting and
reduces the amount of transition a child typically endures
when living in foster care. The longer the child remains
away from a parent, the more disruptive it is on their
daily lives. Creative solutions toward addressing the
substance abuse problems of the parent while safely
supporting the family structure are important.
SB 977 will require the court to consider placing children
with their parents if the facility provides housing for
them. This will not only be a cost-saving benefit to the
State of California by reducing the number of children in
foster care, but also works in the child's best interests
by reuniting them with their parent in a safe, sober and
nurturing environment. SB 977 will ensure that our child
welfare system is doing its best to preserve the family
unit while saving tax dollars.
REGISTERED SUPPORT / OPPOSITION :
Support
Los Angeles Dependency Lawyers (sponsor)
Dependency Legal Group of San Diego
Family Law Section of the State Bar
Opposition
None on file
Analysis Prepared by : Leora Gershenzon / JUD. / (916) 319-2334