AB 1688: Dependent children: out-of-county placement: notice.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-09-25
Existing law prohibits a social worker, when he or she must place a dependent child outside the county, from making the placement until he or she has served written notice on the parent or guardian at least 14 days prior to the placement, except as specified. Existing law authorizes the parent or guardian to object to the placement.
This bill would require that the notice also be served on the childs attorney and, if the child is 10 years of age or older, on the child, and would authorize the child to object to the placement. By imposing additional duties on county social workers, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law prohibits a social worker, when he or she must place a dependent child outside the county, from making the placement until he or she has served written notice on the parent or guardian at least 14 days prior to the placement, except as specified. Existing law authorizes the parent or guardian to object to the placement.
This bill would require that the notice also be served on the childs attorney and, if the child is 10 years of age or older, on the child, and would authorize the child to object to the placement. By imposing additional duties on county social workers, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law prohibits a social worker, when he or she must place a dependent child outside the county, from making the placement until he or she has served written notice on the parent or guardian at least 14 days prior to the placement, except as specified. Existing law authorizes the parent or guardian to object to the placement.
This bill would require that the notice also be served on the childs attorney and, if the child is 10 years of age or older, on the child, and would authorize the child to object to the placement. By imposing additional duties on county social workers, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(a)When a court orders removal of a child pursuant to Section 361, the court shall first determine whether there is a parent of the child, with whom the child was not residing at the time that the events or conditions arose that brought the child within the provisions of Section 300, who desires to assume custody of the child. If that parent requests custody, the court shall place the child with the parent unless it finds that placement with that parent would be detrimental to the safety, protection, or physical or emotional well-being of the child. The fact that the parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent shall not be, for that reason alone, prima facie evidence that placement with that parent would be detrimental.
(b)If the court places the child with that parent it may do any of the following:
(1)Order that the parent become legal and physical custodian of the child. The court may also provide reasonable visitation by the noncustodial parent. The court shall then terminate its jurisdiction over the child. The custody order shall continue unless modified by a subsequent order of the superior court. The order of the juvenile court shall be filed in any domestic relation proceeding between the parents.
(2)Order that the parent assume custody subject to the jurisdiction of the juvenile court and require that a home visit be conducted within three months. In determining whether to take the action described in this paragraph, the court shall consider any concerns that have been raised by the childs current caregiver regarding the parent. After the social worker conducts the home visit and files his or her report with the court, the court may then take the action described in paragraph (1), (3), or this paragraph. However, nothing in this paragraph shall be interpreted to imply that the court is required to take the action described in this paragraph as a prerequisite to the court taking the action described in either paragraph (1) or (3).
(3)Order that the parent assume custody subject to the supervision of the juvenile court. In that case the court may order that reunification services be provided to the parent or guardian from whom the child is being removed, or the court may order that services be provided solely to the parent who is assuming physical custody in order to allow that parent to retain later custody without court supervision, or that services be provided to both parents, in which case the court shall determine, at review hearings held pursuant to Section 366, which parent, if either, shall have custody of the child.
(c)The court shall make a finding either in writing or on the record of the basis for its determination under subdivisions (a) and (b).
(d)Part 6 (commencing with Section 7950) of Division 12 of the Family Code shall apply to the placement of a child pursuant to paragraphs (1) and (2) of subdivision (e).
(e)When the court orders removal pursuant to Section 361, the court shall order the care, custody, control, and conduct of the child to be under the supervision of the social worker who may place the child in any of the following:
(1)The home of a noncustodial parent as described in subdivision (a), regardless of the parents immigration status.
(2)The approved home of a relative, regardless of the relatives immigration status.
(3)The approved home of a nonrelative extended family member as defined in Section 362.7.
(4)The approved home of a resource family as defined in Section 16519.5.
(5)A foster home considering first a foster home in which the child has been placed before an interruption in foster care, if that placement is in the best interest of the child and space is available.
(6)A home or facility in accordance with the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(7)A suitable licensed community care facility, except a runaway and homeless youth shelter licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code.
(8)With a foster family agency, as defined in subdivision (g) of Section 11400 and paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code, to be placed in a suitable family home certified or approved by the agency.
(9)A child of any age who is placed in a community care facility licensed as a group home for children or a short-term residential treatment center, as defined in subdivision (ad) of Section 11400 and paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code, shall have a case plan that indicates that placement is for purposes of providing short term, specialized, and intensive treatment for the child, the case plan specifies the need for, nature of, and anticipated duration of this treatment, pursuant to paragraph (2) of subdivision (c) of Section 16501.1, and the case plan includes transitioning the child to a less restrictive environment and the projected timeline by which the child will be transitioned to a less restrictive environment. If the placement is longer than six months, the placement shall be documented consistent with paragraph (3) of subdivision (a) of Section 16501.1 and shall be approved by the deputy director or director of the county child welfare department.
(A)A child under six years of age shall not be placed in a community care facility licensed as a group home for children, or a short-term residential treatment center, except under the following circumstances:
(i)When the facility meets the applicable regulations adopted under Section 1530.8 of the Health and Safety Code and standards developed pursuant to Section 11467.1 of this code, and the deputy director or director of the county child welfare department has approved the case plan.
(ii)The short term, specialized, and intensive treatment period shall not exceed 120 days, unless the county has made progress toward or is actively working toward implementing the case plan that identifies the services or supports necessary to transition the child to a family setting, circumstances beyond the countys control have prevented the county from obtaining those services or supports within the timeline documented in the case plan, and the need for additional time pursuant to the case plan is documented by the caseworker and approved by a deputy director or director of the county child welfare department.
(iii)To the extent that placements pursuant to this paragraph are extended beyond an initial 120 days, the requirements of clauses (i) and (ii) shall apply to each extension. In addition, the deputy director or director of the county child welfare department shall approve the continued placement no less frequently than every 60 days.
(iv)In addition, when a case plan indicates that placement is for purposes of providing family reunification services. The facility shall offer family reunification services that meet the needs of the individual child and his or her family, permit parents to have reasonable access to their children 24 hours a day, encourage extensive parental involvement in meeting the daily needs of their children, and employ staff trained to provide family reunification services. In addition, one of the following conditions exists:
(I)The childs parent is also under the jurisdiction of the court and resides in the facility.
(II)The childs parent is participating in a treatment program affiliated with the facility and the childs placement in the facility facilitates the coordination and provision of reunification services.
(III)Placement in the facility is the only alternative that permits the parent to have daily 24-hour access to the child in accordance with the case plan, to participate fully in meeting all of the daily needs of the child, including feeding and personal hygiene, and to have access to necessary reunification services.
(B)A child who is 6 to 12 years of age, inclusive, may be placed in a community care facility licensed as a group home for children or a short-term residential treatment center under the following conditions.
(i)The short-term, specialized, and intensive treatment period shall not exceed six months, unless the county has made progress or is actively working toward implementing the case plan that identifies the services or supports necessary to transition the child to a family setting, circumstances beyond the countys control have prevented the county from obtaining those services or supports within the timeline documented in the case plan, and the need for additional time pursuant to the case plan is documented by the caseworker and approved by a deputy director or director of the county child welfare department.
(ii)To the extent that placements pursuant to this paragraph are extended beyond an initial six months, the requirements of this subparagraph shall apply to each extension. In addition, the deputy director or director of the county child welfare department shall approve the continued placement no less frequently than every 60 days.
(10)Any child placed in a short-term residential treatment center shall be either of the following:
(A)A child who has been assessed as meeting one of the placement requirements set forth in subdivisions (d) and (e) of Section 11462.01.
(B)A child under 6 years of age who is placed with his or her minor parent or for the purpose of reunification pursuant to clause (iv) of subparagraph (A) of paragraph (9).
(11)Nothing in this subdivision shall be construed to allow a social worker to place any dependent child outside the United States, except as specified in subdivision (f).
(f)(1)A child under the supervision of a social worker pursuant to subdivision (e) shall not be placed outside the United States prior to a judicial finding that the placement is in the best interest of the child, except as required by federal law or treaty.
(2)The party or agency requesting placement of the child outside the United States shall carry the burden of proof and shall show, by clear and convincing evidence, that placement outside the United States is in the best interest of the child.
(3)In determining the best interest of the child, the court shall consider, but not be limited to, the following factors:
(A)Placement with a relative.
(B)Placement of siblings in the same home.
(C)Amount and nature of any contact between the child and the potential guardian or caretaker.
(D)Physical and medical needs of the dependent child.
(E)Psychological and emotional needs of the dependent child.
(F)Social, cultural, and educational needs of the dependent child.
(G)Specific desires of any dependent child who is 12 years of age or older.
(4)If the court finds that a placement outside the United States is, by clear and convincing evidence, in the best interest of the child, the court may issue an order authorizing the social worker to make a placement outside the United States. A child subject to this subdivision shall not leave the United States prior to the issuance of the order described in this paragraph.
(5)For purposes of this subdivision, outside the United States shall not include the lands of any federally recognized American Indian tribe or Alaskan Natives.
(6)This subdivision shall not apply to the placement of a dependent child with a parent pursuant to subdivision (a).
(g)(1)If the child is taken from the physical custody of the childs parent or guardian and unless the child is placed with relatives, the child shall be placed in foster care in the county of residence of the childs parent or guardian in order to facilitate reunification of the family.
(2)In the event that there are no appropriate placements available in the parents or guardians county of residence, a placement may be made in an appropriate place in another county, preferably a county located adjacent to the parents or guardians community of residence.
(3)Nothing in this section shall be interpreted as requiring multiple disruptions of the childs placement corresponding to frequent changes of residence by the parent or guardian. In determining whether the child should be moved, the social worker shall take into consideration the potential harmful effects of disrupting the placement of the child and the parents or guardians reason for the move.
(4)When it has been determined that it is necessary for a child to be placed in a county other than the childs parents or guardians county of residence, the specific reason the out-of-county placement is necessary shall be documented in the childs case plan. If the reason the out-of-county placement is necessary is the lack of resources in the sending county to meet the specific needs of the child, those specific resource needs shall be documented in the case plan.
(5)When it has been determined that a child is to be placed out of county either in a group home or with a foster family agency for subsequent placement in a certified foster family home, and the sending county is to maintain responsibility for supervision and visitation of the child, the sending county shall develop a plan of supervision and visitation that specifies the supervision and visitation activities to be performed and specifies that the sending county is responsible for performing those activities. In addition to the plan of supervision and visitation, the sending county shall document information regarding any known or suspected dangerous behavior of the child that indicates the child may pose a safety concern in the receiving county. Upon implementation of the Child Welfare Services Case Management System, the plan of supervision and visitation, as well as information regarding any known or suspected dangerous behavior of the child, shall be made available to the receiving county upon placement of the child in the receiving county. If placement occurs on a weekend or holiday, the information shall be made available to the receiving county on or before the end of the next business day.
(6)When it has been determined that a child is to be placed out of county and the sending county plans that the receiving county shall be responsible for the supervision and visitation of the child, the sending county shall develop a formal agreement between the sending and receiving counties. The formal agreement shall specify the supervision and visitation to be provided the child, and shall specify that the receiving county is responsible for providing the supervision and visitation. The formal agreement shall be approved and signed by the sending and receiving counties prior to placement of the child in the receiving county. In addition, upon completion of the case plan, the sending county shall provide a copy of the completed case plan to the receiving county. The case plan shall include information regarding any known or suspected dangerous behavior of the child that indicates the child may pose a safety concern to the receiving county.
(h)Whenever the social worker must change the placement of the child and is unable to find a suitable placement within the county and must place the child outside the county, the placement shall not be made until he or she has served written notice on the parent or guardian, the childs attorney, and, if the child is 10 years of age or older, on the child, at least 14 days prior to the placement, unless the childs health or well-being is endangered by delaying the action or would be endangered if prior notice were given. The notice shall state the reasons that require placement outside the county. The child or parent or guardian may object to the placement not later than seven days after receipt of the notice and, upon objection, the court shall hold a hearing not later than five days after the objection and prior to the placement. The court shall order out-of-county placement if it finds that the childs particular needs require placement outside the county.
(i)If the court has ordered removal of the child from the physical custody of his or her parents pursuant to Section 361, the court shall consider whether the family ties and best interest of the child will be served by granting visitation rights to the childs grandparents. The court shall clearly specify those rights to the social worker.
(j)If the court has ordered removal of the child from the physical custody of his or her parents pursuant to Section 361, the court shall consider whether there are any siblings under the courts jurisdiction, or any nondependent siblings in the physical custody of a parent subject to the courts jurisdiction, the nature of the relationship between the child and his or her siblings, the appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002, and the impact of the sibling relationships on the childs placement and planning for legal permanence.
(k)(1)An agency shall ensure placement of a child in a home that, to the fullest extent possible, best meets the day-to-day needs of the child. A home that best meets the day-to-day needs of the child shall satisfy all of the following criteria:
(A)The childs caregiver is able to meet the day-to-day health, safety, and well-being needs of the child.
(B)The childs caregiver is permitted to maintain the least restrictive family setting that promotes normal childhood experiences and that serves the day-to-day needs of the child.
(C)The child is permitted to engage in reasonable, age-appropriate day-to-day activities that promote normal childhood experiences for the foster child.
(2)The foster childs caregiver shall use a reasonable and prudent parent standard, as defined in paragraph (2) of subdivision (a) of Section 362.04, to determine day-to-day activities that are age appropriate to meet the needs of the child. Nothing in this section shall be construed to permit a childs caregiver to permit the child to engage in day-to-day activities that carry an unreasonable risk of harm, or subject the child to abuse or neglect.
(l)This section shall become operative on January 1, 2017.
SEC. 2.To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state nor otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
(a)When a court orders removal of a child pursuant to Section 361, the court shall first determine whether there is a parent of the child, with whom the child was not residing at the time that the events or conditions arose that brought the child within the provisions of Section 300, who desires to assume custody of the child. If that parent requests custody, the court shall place the child with the parent unless it finds that placement with that parent would be detrimental to the safety, protection, or physical or emotional well-being of the child. The fact that the parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent shall not be, for that reason alone, prima facie evidence that placement with that parent would be detrimental.
(b)If the court places the child with that parent it may do any of the following:
(1)Order that the parent become legal and physical custodian of the child. The court may also provide reasonable visitation by the noncustodial parent. The court shall then terminate its jurisdiction over the child. The custody order shall continue unless modified by a subsequent order of the superior court. The order of the juvenile court shall be filed in any domestic relation proceeding between the parents.
(2)Order that the parent assume custody subject to the jurisdiction of the juvenile court and require that a home visit be conducted within three months. In determining whether to take the action described in this paragraph, the court shall consider any concerns that have been raised by the childs current caregiver regarding the parent. After the social worker conducts the home visit and files his or her report with the court, the court may then take the action described in paragraph (1), (3), or this paragraph. However, nothing in this paragraph shall be interpreted to imply that the court is required to take the action described in this paragraph as a prerequisite to the court taking the action described in either paragraph (1) or (3).
(3)Order that the parent assume custody subject to the supervision of the juvenile court. In that case the court may order that reunification services be provided to the parent or guardian from whom the child is being removed, or the court may order that services be provided solely to the parent who is assuming physical custody in order to allow that parent to retain later custody without court supervision, or that services be provided to both parents, in which case the court shall determine, at review hearings held pursuant to Section 366, which parent, if either, shall have custody of the child.
(c)The court shall make a finding either in writing or on the record of the basis for its determination under subdivisions (a) and (b).
(d)Part 6 (commencing with Section 7950) of Division 12 of the Family Code shall apply to the placement of a child pursuant to paragraphs (1) and (2) of subdivision (e).
(e)When the court orders removal pursuant to Section 361, the court shall order the care, custody, control, and conduct of the child to be under the supervision of the social worker who may place the child in any of the following:
(1)The home of a noncustodial parent as described in subdivision (a), regardless of the parents immigration status.
(2)The approved home of a relative, regardless of the relatives immigration status.
(3)The approved home of a nonrelative extended family member as defined in Section 362.7.
(4)The approved home of a resource family as defined in Section 16519.5.
(5)A foster home considering first a foster home in which the child has been placed before an interruption in foster care, if that placement is in the best interest of the child and space is available.
(6)A home or facility in accordance with the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(7)A suitable licensed community care facility, except a runaway and homeless youth shelter licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code.
(8)With a foster family agency, as defined in subdivision (g) of Section 11400 and paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code, to be placed in a suitable family home certified or approved by the agency.
(9)A child of any age who is placed in a community care facility licensed as a group home for children or a short-term residential treatment center, as defined in subdivision (ad) of Section 11400 and paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code, shall have a case plan that indicates that placement is for purposes of providing short term, specialized, and intensive treatment for the child, the case plan specifies the need for, nature of, and anticipated duration of this treatment, pursuant to paragraph (2) of subdivision (c) of Section 16501.1, and the case plan includes transitioning the child to a less restrictive environment and the projected timeline by which the child will be transitioned to a less restrictive environment. If the placement is longer than six months, the placement shall be documented consistent with paragraph (3) of subdivision (a) of Section 16501.1 and shall be approved by the deputy director or director of the county child welfare department.
(A)A child under six years of age shall not be placed in a community care facility licensed as a group home for children, or a short-term residential treatment center, except under the following circumstances:
(i)When the facility meets the applicable regulations adopted under Section 1530.8 of the Health and Safety Code and standards developed pursuant to Section 11467.1 of this code, and the deputy director or director of the county child welfare department has approved the case plan.
(ii)The short term, specialized, and intensive treatment period shall not exceed 120 days, unless the county has made progress toward or is actively working toward implementing the case plan that identifies the services or supports necessary to transition the child to a family setting, circumstances beyond the countys control have prevented the county from obtaining those services or supports within the timeline documented in the case plan, and the need for additional time pursuant to the case plan is documented by the caseworker and approved by a deputy director or director of the county child welfare department.
(iii)To the extent that placements pursuant to this paragraph are extended beyond an initial 120 days, the requirements of clauses (i) and (ii) shall apply to each extension. In addition, the deputy director or director of the county child welfare department shall approve the continued placement no less frequently than every 60 days.
(iv)In addition, when a case plan indicates that placement is for purposes of providing family reunification services. The facility shall offer family reunification services that meet the needs of the individual child and his or her family, permit parents to have reasonable access to their children 24 hours a day, encourage extensive parental involvement in meeting the daily needs of their children, and employ staff trained to provide family reunification services. In addition, one of the following conditions exists:
(I)The childs parent is also under the jurisdiction of the court and resides in the facility.
(II)The childs parent is participating in a treatment program affiliated with the facility and the childs placement in the facility facilitates the coordination and provision of reunification services.
(III)Placement in the facility is the only alternative that permits the parent to have daily 24-hour access to the child in accordance with the case plan, to participate fully in meeting all of the daily needs of the child, including feeding and personal hygiene, and to have access to necessary reunification services.
(B)A child who is 6 to 12 years of age, inclusive, may be placed in a community care facility licensed as a group home for children or a short-term residential treatment center under the following conditions.
(i)The short-term, specialized, and intensive treatment period shall not exceed six months, unless the county has made progress or is actively working toward implementing the case plan that identifies the services or supports necessary to transition the child to a family setting, circumstances beyond the countys control have prevented the county from obtaining those services or supports within the timeline documented in the case plan, and the need for additional time pursuant to the case plan is documented by the caseworker and approved by a deputy director or director of the county child welfare department.
(ii)To the extent that placements pursuant to this paragraph are extended beyond an initial six months, the requirements of this subparagraph shall apply to each extension. In addition, the deputy director or director of the county child welfare department shall approve the continued placement no less frequently than every 60 days.
(10)Any child placed in a short-term residential treatment center shall be either of the following:
(A)A child who has been assessed as meeting one of the placement requirements set forth in subdivisions (d) and (e) of Section 11462.01.
(B)A child under 6 years of age who is placed with his or her minor parent or for the purpose of reunification pursuant to clause (iv) of subparagraph (A) of paragraph (9).
(11)Nothing in this subdivision shall be construed to allow a social worker to place any dependent child outside the United States, except as specified in subdivision (f).
(f)(1)A child under the supervision of a social worker pursuant to subdivision (e) shall not be placed outside the United States prior to a judicial finding that the placement is in the best interest of the child, except as required by federal law or treaty.
(2)The party or agency requesting placement of the child outside the United States shall carry the burden of proof and shall show, by clear and convincing evidence, that placement outside the United States is in the best interest of the child.
(3)In determining the best interest of the child, the court shall consider, but not be limited to, the following factors:
(A)Placement with a relative.
(B)Placement of siblings in the same home.
(C)Amount and nature of any contact between the child and the potential guardian or caretaker.
(D)Physical and medical needs of the dependent child.
(E)Psychological and emotional needs of the dependent child.
(F)Social, cultural, and educational needs of the dependent child.
(G)Specific desires of any dependent child who is 12 years of age or older.
(4)If the court finds that a placement outside the United States is, by clear and convincing evidence, in the best interest of the child, the court may issue an order authorizing the social worker to make a placement outside the United States. A child subject to this subdivision shall not leave the United States prior to the issuance of the order described in this paragraph.
(5)For purposes of this subdivision, outside the United States shall not include the lands of any federally recognized American Indian tribe or Alaskan Natives.
(6)This subdivision shall not apply to the placement of a dependent child with a parent pursuant to subdivision (a).
(g)(1)If the child is taken from the physical custody of the childs parent or guardian and unless the child is placed with relatives, the child shall be placed in foster care in the county of residence of the childs parent or guardian in order to facilitate reunification of the family.
(2)In the event that there are no appropriate placements available in the parents or guardians county of residence, a placement may be made in an appropriate place in another county, preferably a county located adjacent to the parents or guardians community of residence.
(3)Nothing in this section shall be interpreted as requiring multiple disruptions of the childs placement corresponding to frequent changes of residence by the parent or guardian. In determining whether the child should be moved, the social worker shall take into consideration the potential harmful effects of disrupting the placement of the child and the parents or guardians reason for the move.
(4)When it has been determined that it is necessary for a child to be placed in a county other than the childs parents or guardians county of residence, the specific reason the out-of-county placement is necessary shall be documented in the childs case plan. If the reason the out-of-county placement is necessary is the lack of resources in the sending county to meet the specific needs of the child, those specific resource needs shall be documented in the case plan.
(5)When it has been determined that a child is to be placed out of county either in a group home or with a foster family agency for subsequent placement in a certified foster family home, and the sending county is to maintain responsibility for supervision and visitation of the child, the sending county shall develop a plan of supervision and visitation that specifies the supervision and visitation activities to be performed and specifies that the sending county is responsible for performing those activities. In addition to the plan of supervision and visitation, the sending county shall document information regarding any known or suspected dangerous behavior of the child that indicates the child may pose a safety concern in the receiving county. Upon implementation of the Child Welfare Services Case Management System, the plan of supervision and visitation, as well as information regarding any known or suspected dangerous behavior of the child, shall be made available to the receiving county upon placement of the child in the receiving county. If placement occurs on a weekend or holiday, the information shall be made available to the receiving county on or before the end of the next business day.
(6)When it has been determined that a child is to be placed out of county and the sending county plans that the receiving county shall be responsible for the supervision and visitation of the child, the sending county shall develop a formal agreement between the sending and receiving counties. The formal agreement shall specify the supervision and visitation to be provided the child, and shall specify that the receiving county is responsible for providing the supervision and visitation. The formal agreement shall be approved and signed by the sending and receiving counties prior to placement of the child in the receiving county. In addition, upon completion of the case plan, the sending county shall provide a copy of the completed case plan to the receiving county. The case plan shall include information regarding any known or suspected dangerous behavior of the child that indicates the child may pose a safety concern to the receiving county.
(h)Whenever the social worker must change the placement of the child and is unable to find a suitable placement within the county and must place the child outside the county, the placement shall not be made until he or she has served written notice on the parent or guardian, the childs attorney, and, if the child is 10 years of age or older, on the child, at least 14 days prior to the placement, unless the childs health or well-being is endangered by delaying the action or would be endangered if prior notice were given. The notice shall state the reasons that require placement outside the county. The child or parent or guardian may object to the placement not later than seven days after receipt of the notice and, upon objection, the court shall hold a hearing not later than five days after the objection and prior to the placement. The court shall order out-of-county placement if it finds that the childs particular needs require placement outside the county.
(i)If the court has ordered removal of the child from the physical custody of his or her parents pursuant to Section 361, the court shall consider whether the family ties and best interest of the child will be served by granting visitation rights to the childs grandparents. The court shall clearly specify those rights to the social worker.
(j)If the court has ordered removal of the child from the physical custody of his or her parents pursuant to Section 361, the court shall consider whether there are any siblings under the courts jurisdiction, or any nondependent siblings in the physical custody of a parent subject to the courts jurisdiction, the nature of the relationship between the child and his or her siblings, the appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002, and the impact of the sibling relationships on the childs placement and planning for legal permanence.
(k)(1)An agency shall ensure placement of a child in a home that, to the fullest extent possible, best meets the day-to-day needs of the child. A home that best meets the day-to-day needs of the child shall satisfy all of the following criteria:
(A)The childs caregiver is able to meet the day-to-day health, safety, and well-being needs of the child.
(B)The childs caregiver is permitted to maintain the least restrictive family setting that promotes normal childhood experiences and that serves the day-to-day needs of the child.
(C)The child is permitted to engage in reasonable, age-appropriate day-to-day activities that promote normal childhood experiences for the foster child.
(2)The foster childs caregiver shall use a reasonable and prudent parent standard, as defined in paragraph (2) of subdivision (a) of Section 362.04, to determine day-to-day activities that are age appropriate to meet the needs of the child. Nothing in this section shall be construed to permit a childs caregiver to permit the child to engage in day-to-day activities that carry an unreasonable risk of harm, or subject the child to abuse or neglect.
(l)This section shall become operative on January 1, 2017.
SEC. 2.To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state nor otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
(a)When a court orders removal of a child pursuant to Section 361, the court shall first determine whether there is a parent of the child, with whom the child was not residing at the time that the events or conditions arose that brought the child within the provisions of Section 300, who desires to assume custody of the child. If that parent requests custody, the court shall place the child with the parent unless it finds that placement with that parent would be detrimental to the safety, protection, or physical or emotional well-being of the child. The fact that the parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent shall not be, for that reason alone, prima facie evidence that placement with that parent would be detrimental.
(b)If the court places the child with that parent it may do any of the following:
(1)Order that the parent become legal and physical custodian of the child. The court may also provide reasonable visitation by the noncustodial parent. The court shall then terminate its jurisdiction over the child. The custody order shall continue unless modified by a subsequent order of the superior court. The order of the juvenile court shall be filed in any domestic relation proceeding between the parents.
(2)Order that the parent assume custody subject to the jurisdiction of the juvenile court and require that a home visit be conducted within three months. In determining whether to take the action described in this paragraph, the court shall consider any concerns that have been raised by the childs current caregiver regarding the parent. After the social worker conducts the home visit and files his or her report with the court, the court may then take the action described in paragraph (1), (3), or this paragraph. However, nothing in this paragraph shall be interpreted to imply that the court is required to take the action described in this paragraph as a prerequisite to the court taking the action described in either paragraph (1) or (3).
(3)Order that the parent assume custody subject to the supervision of the juvenile court. In that case the court may order that reunification services be provided to the parent or guardian from whom the child is being removed, or the court may order that services be provided solely to the parent who is assuming physical custody in order to allow that parent to retain later custody without court supervision, or that services be provided to both parents, in which case the court shall determine, at review hearings held pursuant to Section 366, which parent, if either, shall have custody of the child.
(c)The court shall make a finding either in writing or on the record of the basis for its determination under subdivisions (a) and (b).
(d)Part 6 (commencing with Section 7950) of Division 12 of the Family Code shall apply to the placement of a child pursuant to paragraphs (1) and (2) of subdivision (e).
(e)When the court orders removal pursuant to Section 361, the court shall order the care, custody, control, and conduct of the child to be under the supervision of the social worker who may place the child in any of the following:
(1)The home of a noncustodial parent as described in subdivision (a), regardless of the parents immigration status.
(2)The approved home of a relative, regardless of the relatives immigration status.
(3)The approved home of a nonrelative extended family member as defined in Section 362.7.
(4)The approved home of a resource family as defined in Section 16519.5.
(5)A foster home considering first a foster home in which the child has been placed before an interruption in foster care, if that placement is in the best interest of the child and space is available.
(6)A home or facility in accordance with the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(7)A suitable licensed community care facility, except a runaway and homeless youth shelter licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code.
(8)With a foster family agency, as defined in subdivision (g) of Section 11400 and paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code, to be placed in a suitable family home certified or approved by the agency.
(9)A child of any age who is placed in a community care facility licensed as a group home for children or a short-term residential treatment center, as defined in subdivision (ad) of Section 11400 and paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code, shall have a case plan that indicates that placement is for purposes of providing short term, specialized, and intensive treatment for the child, the case plan specifies the need for, nature of, and anticipated duration of this treatment, pursuant to paragraph (2) of subdivision (c) of Section 16501.1, and the case plan includes transitioning the child to a less restrictive environment and the projected timeline by which the child will be transitioned to a less restrictive environment. If the placement is longer than six months, the placement shall be documented consistent with paragraph (3) of subdivision (a) of Section 16501.1 and shall be approved by the deputy director or director of the county child welfare department.
(A)A child under six years of age shall not be placed in a community care facility licensed as a group home for children, or a short-term residential treatment center, except under the following circumstances:
(i)When the facility meets the applicable regulations adopted under Section 1530.8 of the Health and Safety Code and standards developed pursuant to Section 11467.1 of this code, and the deputy director or director of the county child welfare department has approved the case plan.
(ii)The short term, specialized, and intensive treatment period shall not exceed 120 days, unless the county has made progress toward or is actively working toward implementing the case plan that identifies the services or supports necessary to transition the child to a family setting, circumstances beyond the countys control have prevented the county from obtaining those services or supports within the timeline documented in the case plan, and the need for additional time pursuant to the case plan is documented by the caseworker and approved by a deputy director or director of the county child welfare department.
(iii)To the extent that placements pursuant to this paragraph are extended beyond an initial 120 days, the requirements of clauses (i) and (ii) shall apply to each extension. In addition, the deputy director or director of the county child welfare department shall approve the continued placement no less frequently than every 60 days.
(iv)In addition, when a case plan indicates that placement is for purposes of providing family reunification services. The facility shall offer family reunification services that meet the needs of the individual child and his or her family, permit parents to have reasonable access to their children 24 hours a day, encourage extensive parental involvement in meeting the daily needs of their children, and employ staff trained to provide family reunification services. In addition, one of the following conditions exists:
(I)The childs parent is also under the jurisdiction of the court and resides in the facility.
(II)The childs parent is participating in a treatment program affiliated with the facility and the childs placement in the facility facilitates the coordination and provision of reunification services.
(III)Placement in the facility is the only alternative that permits the parent to have daily 24-hour access to the child in accordance with the case plan, to participate fully in meeting all of the daily needs of the child, including feeding and personal hygiene, and to have access to necessary reunification services.
(B)A child who is 6 to 12 years of age, inclusive, may be placed in a community care facility licensed as a group home for children or a short-term residential treatment center under the following conditions.
(i)The short-term, specialized, and intensive treatment period shall not exceed six months, unless the county has made progress or is actively working toward implementing the case plan that identifies the services or supports necessary to transition the child to a family setting, circumstances beyond the countys control have prevented the county from obtaining those services or supports within the timeline documented in the case plan, and the need for additional time pursuant to the case plan is documented by the caseworker and approved by a deputy director or director of the county child welfare department.
(ii)To the extent that placements pursuant to this paragraph are extended beyond an initial six months, the requirements of this subparagraph shall apply to each extension. In addition, the deputy director or director of the county child welfare department shall approve the continued placement no less frequently than every 60 days.
(10)Any child placed in a short-term residential treatment center shall be either of the following:
(A)A child who has been assessed as meeting one of the placement requirements set forth in subdivisions (d) and (e) of Section 11462.01.
(B)A child under 6 years of age who is placed with his or her minor parent or for the purpose of reunification pursuant to clause (iv) of subparagraph (A) of paragraph (9).
(11)Nothing in this subdivision shall be construed to allow a social worker to place any dependent child outside the United States, except as specified in subdivision (f).
(f)(1) A child under the supervision of a social worker pursuant to subdivision (e) shall not be placed outside the United States prior to a judicial finding that the placement is in the best interest of the child, except as required by federal law or treaty.
(2)The party or agency requesting placement of the child outside the United States shall carry the burden of proof and shall show, by clear and convincing evidence, that placement outside the United States is in the best interest of the child.
(3)In determining the best interest of the child, the court shall consider, but not be limited to, the following factors:
(A)Placement with a relative.
(B)Placement of siblings in the same home.
(C)Amount and nature of any contact between the child and the potential guardian or caretaker.
(D)Physical and medical needs of the dependent child.
(E)Psychological and emotional needs of the dependent child.
(F)Social, cultural, and educational needs of the dependent child.
(G)Specific desires of any dependent child who is 12 years of age or older.
(4)If the court finds that a placement outside the United States is, by clear and convincing evidence, in the best interest of the child, the court may issue an order authorizing the social worker to make a placement outside the United States. A child subject to this subdivision shall not leave the United States prior to the issuance of the order described in this paragraph.
(5)For purposes of this subdivision, outside the United States shall not include the lands of any federally recognized American Indian tribe or Alaskan Natives.
(6)This subdivision shall not apply to the placement of a dependent child with a parent pursuant to subdivision (a).
(g)(1)If the child is taken from the physical custody of the childs parent or guardian and unless the child is placed with relatives, the child shall be placed in foster care in the county of residence of the childs parent or guardian in order to facilitate reunification of the family.
(2)In the event that there are no appropriate placements available in the parents or guardians county of residence, a placement may be made in an appropriate place in another county, preferably a county located adjacent to the parents or guardians community of residence.
(3)Nothing in this section shall be interpreted as requiring multiple disruptions of the childs placement corresponding to frequent changes of residence by the parent or guardian. In determining whether the child should be moved, the social worker shall take into consideration the potential harmful effects of disrupting the placement of the child and the parents or guardians reason for the move.
(4)When it has been determined that it is necessary for a child to be placed in a county other than the childs parents or guardians county of residence, the specific reason the out-of-county placement is necessary shall be documented in the childs case plan. If the reason the out-of-county placement is necessary is the lack of resources in the sending county to meet the specific needs of the child, those specific resource needs shall be documented in the case plan.
(5)When it has been determined that a child is to be placed out of county either in a group home or with a foster family agency for subsequent placement in a certified foster family home, and the sending county is to maintain responsibility for supervision and visitation of the child, the sending county shall develop a plan of supervision and visitation that specifies the supervision and visitation activities to be performed and specifies that the sending county is responsible for performing those activities. In addition to the plan of supervision and visitation, the sending county shall document information regarding any known or suspected dangerous behavior of the child that indicates the child may pose a safety concern in the receiving county. Upon implementation of the Child Welfare Services Case Management System, the plan of supervision and visitation, as well as information regarding any known or suspected dangerous behavior of the child, shall be made available to the receiving county upon placement of the child in the receiving county. If placement occurs on a weekend or holiday, the information shall be made available to the receiving county on or before the end of the next business day.
(6)When it has been determined that a child is to be placed out of county and the sending county plans that the receiving county shall be responsible for the supervision and visitation of the child, the sending county shall develop a formal agreement between the sending and receiving counties. The formal agreement shall specify the supervision and visitation to be provided the child, and shall specify that the receiving county is responsible for providing the supervision and visitation. The formal agreement shall be approved and signed by the sending and receiving counties prior to placement of the child in the receiving county. In addition, upon completion of the case plan, the sending county shall provide a copy of the completed case plan to the receiving county. The case plan shall include information regarding any known or suspected dangerous behavior of the child that indicates the child may pose a safety concern to the receiving county.
(h)Whenever the social worker must change the placement of the child and is unable to find a suitable placement within the county and must place the child outside the county, the placement shall not be made until he or she has served written notice on the parent or guardian guardian, the childs attorney, and, if the child is 10 years of age or older, on the child, at least 14 days prior to the placement, unless the childs health or well-being is endangered by delaying the action or would be endangered if prior notice were given. The notice shall state the reasons that require placement outside the county. The child or parent or guardian may object to the placement not later than seven days after receipt of the notice and, upon objection, the court shall hold a hearing not later than five days after the objection and prior to the placement. The court shall order out-of-county placement if it finds that the childs particular needs require placement outside the county.
(i)If the court has ordered removal of the child from the physical custody of his or her parents pursuant to Section 361, the court shall consider whether the family ties and best interest of the child will be served by granting visitation rights to the childs grandparents. The court shall clearly specify those rights to the social worker.
(j)If the court has ordered removal of the child from the physical custody of his or her parents pursuant to Section 361, the court shall consider whether there are any siblings under the courts jurisdiction, or any nondependent siblings in the physical custody of a parent subject to the courts jurisdiction, the nature of the relationship between the child and his or her siblings, the appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002, and the impact of the sibling relationships on the childs placement and planning for legal permanence.
(k)(1)An agency shall ensure placement of a child in a home that, to the fullest extent possible, best meets the day-to-day needs of the child. A home that best meets the day-to-day needs of the child shall satisfy all of the following criteria:
(A)The childs caregiver is able to meet the day-to-day health, safety, and well-being needs of the child.
(B)The childs caregiver is permitted to maintain the least restrictive family setting that promotes normal childhood experiences and that serves the day-to-day needs of the child.
(C)The child is permitted to engage in reasonable, age-appropriate day-to-day activities that promote normal childhood experiences for the foster child.
(2)The foster childs caregiver shall use a reasonable and prudent parent standard, as defined in paragraph (2) of subdivision (a) of Section 362.04, to determine day-to-day activities that are age appropriate to meet the needs of the child. Nothing in this section shall be construed to permit a childs caregiver to permit the child to engage in day-to-day activities that carry an unreasonable risk of harm, or subject the child to abuse or neglect.
(l)This section shall become operative on January 1, 2017.
SEC. 2.To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state nor otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
|
Date
|
Status
|
|---|---|
| Apr 28, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0.) |
| Aug 22, 2016 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 16, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.). |
| Aug 16, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 5011.). |
| Aug 16, 2016 | Read third time. Passed. Ordered to the Assembly. |
| Aug 16, 2016 | In Assembly. Ordered to Engrossing and Enrolling. |
| Aug 2, 2016 | Read second time. Ordered to third reading. |
| Aug 1, 2016 | From committee: Be placed on second reading file pursuant to Senate Rule 28.8. |
| Jun 15, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (June 14). Re-referred to Com. on APPR. |
| May 5, 2016 | Referred to Com. on HUMAN S. |
| Jan 21, 2016 | Read first time. To print. |
| Apr 28, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 4593.) |
| Apr 28, 2016 | Read third time. Passed. Ordered to the Senate. |
| Apr 28, 2016 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 21, 2016 | Read second time. Ordered to Consent Calendar. |
| Apr 20, 2016 | From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (April 20). |
| Mar 30, 2016 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 6. Noes 0.) (March 29). Re-referred to Com. on APPR. |
| Feb 8, 2016 | Referred to Com. on HUM. S. |
| Jan 22, 2016 | From printer. May be heard in committee February 21. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 16, 2016 | Assembly 3rd Reading AB1688 Rodriguez By Jackson | Senate Floor |
Passed |
|
| Jun 14, 2016 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Human Services |
Passed |
|
| Apr 28, 2016 | AB 1688 RODRIGUEZ Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Apr 20, 2016 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 29, 2016 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Human Services |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Protective Parents Association | ** Support | Aug 16, 2016 |
| Children Now | ** Support | Aug 16, 2016 |
| Children's Advocacy Institute | ** Support | Aug 16, 2016 |
| Children's Law Center | ** Support | Aug 16, 2016 |
| Children's Law Center of California -sponsor | ** Support | Aug 16, 2016 |
| Families Now | ** Support | Aug 16, 2016 |
| Family Law Section | ** Support | Aug 16, 2016 |
| Family Law Section of the State Car | ** Support | Aug 16, 2016 |
| Foster Care Counts | ** Support | Aug 16, 2016 |
| Public Counsel | ** Support | Aug 16, 2016 |
| Public Counsel's Children's Rights Project | ** Support | Aug 16, 2016 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 1688
:
SENATE HUMAN SERVICES COMMITTEE: 4-0, 6/14/16
AYES: McGuire, Hancock, Liu, Nguyen
NO VOTE RECORDED: Berryhill
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 76-0, 4/28/16 (Consent) - See last page for vote
SOURCE: Children’s Law Center of California
DIGEST: This bill requires that a written notice be served on a foster child’s attorney and a child 10 years or older if a social worker will be placing the child outside the county, as specified, and permits the child to object to the proposed placement. The requirement expands the list of individuals who are required to receive advance notification of an out-of-county placement.
Existing law:
- Establishes a system of juvenile dependency for children who are or are at risk of being physically, sexually or emotionally abused, being neglected or being exploited to ensure their safety, protection and physical and emotional well-being. (WIC 300, et seq.)
- Requires the status of every dependent child in foster care to be reviewed no less often than once every six months, and for the court to consider the continuing necessity for placement, whether the placement is appropriate, and other factors, and identifies a number of specific processes for a child’s placement into the child welfare system. (WIC 361.2, WIC 366)
- Mandates that if a child or nonminor dependent is not represented by counsel, the court must appoint counsel for the child or nonminor dependent, as specified. (WIC 317 (c))
- Establishes the right of a minor to attend their own dependency hearing, and to be represented at the hearing by counsel of his or own choice. If the child is present, requires a judge to inform the child of their right to address the court and participate in the hearing. (WIC 349)
- Establishes a bill of rights for foster youth, including the right to life in a safe and healthy home, be free of abuses, to visit brothers and sisters, to not be locked in a room or building, and others. (WIC 16001.9)
- Requires that if a child is taken from the physical custody of the child’s parent or guardian and unless the child is placed with relatives, the child shall be placed in foster care in the county of residence of the child’s parent or guardian in order to facilitate reunification of the family, unless an appropriate placement cannot be found, as specified. (WIC 361.2 (g))
- Permits, in situations where a suitable placement within a county cannot be found, a social worker to place a child outside the county after serving written notice on the parent or guardian at least 14 days prior to the placement, unless the child’s health or well-being is endangered by delaying the action or would be endangered by prior notice. The notice shall state the reasons that require placement outside the county. (WIC 361.2 (h))
- Permits the child’s parent or guardian to object to the placement not later than seven days after receipt of the notice and, upon objection, requires the court to hold a hearing not later than five days after the objection and prior to the placement. The court must order out-of-county placement if it finds that the child’s needs require placement outside the county. (WIC 361.2 (h))
This bill:
- Adds the child and child’s attorney to those who must be notified at least 14 days prior to moving a child to an out-of-county placement, providing the child is 10 years or older.
- Adds the child to those permitted to object to the proposed out-of-county placement.
Background
California’s county-based child welfare system is designed to protect children at risk of child abuse and neglect or exploitation. It provides intensive services to families focused on establishing sufficient child safety, permanency and well-being to allow families to stay together in their own homes. However, if county social workers, through the oversight of local juvenile courts, determine that out-of-home placement is the only safe option for a child, the child welfare agency arranges for and monitors temporary or permanent placement of the child in the safest and least restrictive environment possible
Out-of-county placements
About 45,000 children were placed out of in out-of-home situations in 2016, according to data released by the California Department of Social Services with the Governor’s budget. July 2015 data indicate that approximately 20 percent of children and youth in foster care were placed in counties other than their supervising county.
Statute requires a child be placed in their home county when possible to facilitate efforts to reunify the child with their parents or guardians. However, when a suitable placement cannot be found within the child’s home county, California law permits a child to be placed out of county, providing the social worker gives notice to the child’s parent or guardian at least 14 days prior to the child’s move. The child’s parent or guardian has the option to object to an out-of-county placement and to have a court hearing on the matter. However, the child has no legal standing to either be notified of the prospective move, or to object to it.
Foster youth rights
The rights of foster youth have been variously established in statute. A foster child has the right to an attorney, the right to address the court and to participate in court proceedings. California’s Foster Youth Bill of Rights was established in 2001 (AB 899, Liu, Chapter 683) and requires that children in out-of-home care be provided with information by their social worker every six months.
The federal Preventing Sex Trafficking and Strengthening Families Act of 2014 (HR 4980) requires states to ensure that children in foster care age 14 or older participate in the development of, or revision to, the case plan. The plan must describe the foster child’s rights. Children aging out of foster care must be provided with a birth certificate, a social security card, health insurance information, medical records and a driver’s license or state identification. Other recent efforts have resulted in educational and health care rights.
Related legislation
AB 1299 (Ridley-Thomas, 2015) requires the Department of Health Care Services to develop policies and procedures establishing the presumptive transfer of responsibility for foster youth who are transferred out of their original county jurisdiction who need specialty mental health services.
AB 490 (Steinberg, Chapter 862, Statutes of 2003) provided foster youth with the right to remain in their school of origin, to immediately enroll in a different school without any of the normally required documentation such as a birth certificate or immunization records and the right to partial credits, among others.
SB 899 (Liu, chapter 683, Statutes of 2001) established the Foster Youth Bill of Rights, required social workers to notify foster children of those rights and required facilities providing services for youth to make the information available.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Children’s Law Center (source)
Children Now
California Protective Parents Association
Children’s Advocacy Institute
Coalition of California Welfare Rights Organization, Inc.
Public Counsel
Family Law Section
None received
ARGUMENTS IN SUPPORT: The Children’s Law Center of California, a sponsor of this bill, writes that there are significant consequences for children who have an out-of-county foster placement. “Not only does it mean a new home, but the move often results in a new school and community, separation from family and relatives, or a disruption or termination of therapeutic, educational or other vital services. Important relationships with friends, teachers, pastors, mentors and other supportive adults are frequently lost because of the distance. It is critical that a child’s voice be heard in such an important decision.”
ASSEMBLY FLOOR: 76-0, 4/28/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Chávez, Daly, Mathis, Olsen
8/3/16 18:11:11
**** END ****
SENATE COMMITTEE ON HUMAN SERVICES
Senator McGuire, Chair
2015 - 2016 Regular
Bill No: AB 1688
Author: | Rodriguez | ||
Version: | January 21, 2016 | Hearing Date: | June 14, 2016 |
Urgency: | No | Fiscal: | Yes |
Consultant: | Mareva Brown | ||
Subject: Dependent children: out-of-county placement: notice
SUMMARY
This bill requires that a written notice be served on a foster child’s attorney and a child 10 years or older if a social worker will be placing the child outside the county, as specified, and permits the child to object to the proposed placement. The requirement expands the list of individuals who are required to receive advance notification of an out-of-county placement.
ABSTRACT
Existing law:
- Establishes a system of juvenile dependency for children who are or are at risk of being physically, sexually or emotionally abused, being neglected or being exploited to ensure their safety, protection and physical and emotional well-being. (WIC 300, et seq.)
- Requires the status of every dependent child in foster care to be reviewed no less often than once every six months, and for the court to consider the continuing necessity for placement, whether the placement is appropriate, and other factors. (WIC 366)
- Identifies a number of specific processes for a child’s placement into the child welfare system. (WIC 361.2 et seq)
- Mandates that if a child or nonminor dependent is not represented by counsel, the court must appoint counsel for the child or nonminor dependent, as specified. (WIC 317 (c))
- Establishes the right of a minor to attend their own dependency hearing, and to be represented at the hearing by counsel of his or own choice. If the child is present, requires a judge to inform the child of their right to address the court and participate in the hearing. (WIC 349)
- Establishes a bill of rights for foster youth, including the right to life in a safe and healthy home, be free of abuses, to visit brothers and sisters, to not be locked in a room or building, and others. (WIC 16001.9)
- Requires that if a child is taken from the physical custody of the child’s parent or guardian and unless the child is placed with relatives, the child shall be placed in foster care in the county of residence of the child’s parent or guardian in order to facilitate reunification of the family, unless an appropriate placement cannot be found, as specified. (WIC 361.2 (g))
- In situations where a suitable placement within the county cannot be found, permits a social worker to place a child outside the county only after a social worker has served written notice on the parent or guardian at least 14 days prior to the placement, unless the child’s health or well-being is endangered by delaying the action or would be endangered if prior notice were given. The notice shall state the reasons that require placement outside the county. (WIC 361.2 (h))
- Permits the child’s parent or guardian to object to the placement not later than seven days after receipt of the notice and, upon objection, requires the court to hold a hearing not later than five days after the objection and prior to the placement. The court must order out-of-county placement if it finds that the child’s particular needs require placement outside the county. (WIC 361.2 (h))
This bill:
- Adds the child and child’s attorney to those who must be notified at least 14 days prior to moving a child to an out-of-county placement, providing the child is 10 years or older.
- Adds the child to those permitted to object to the proposed out-of-county placement.
FISCAL IMPACT
According to an analysis by the Assembly Committee on Appropriations, this bill will result in a one-time cost of $4,000 ($3,000 GF) in FY 2016-17 and a full-year cost of $7,000 ($6,000 GF) in 2017-18 and on-going (Prop 30) to the state to cover an additional 15 minutes of social worker time to provide two additional written notices. This assumes approximately 500 youth will be affected by this bill, based on available data. The analysis also reflects minor and absorbable court costs.
BACKGROUND AND DISCUSSION
Purpose of the bill:
According to the author, one of the most significant decisions that occurs during a dependency case is where a child will live. The location of the child’s placement impacts everything from where the child goes to school to how often the child can see siblings, relatives, and friends, according to the author. When a child is moved to a foster home in a different county, this can mean a new school, a new or different therapist, starting over with friends and extracurricular activities, the author additionally states.
Foster care
California’s county-based child welfare system is designed to protect children at risk of child abuse and neglect or exploitation. It provides intensive services to families focused on establishing sufficient child safety, permanency and well-being to allow families to stay together in their own homes. However, if county social workers, through the oversight of local juvenile courts, determine that out-of-home placement is the only safe option for a child, the child welfare agency arranges for and monitors temporary or permanent placement of the child in the safest and least restrictive environment possible
Out of county placements
About 45,000 children were placed out of in out-of-home situations in 2016, according to data released by CDSS with the Governor’s budget. July 2015 data indicate that approximately 20% of children and youth in foster care were placed in counties other than their supervising county.
Statute requires a child be placed in their home county when possible to facilitate efforts to reunify the child with their parents or guardians. However, when a suitable placement cannot be found within the child’s home county, California law permits a child to be placed out of county, providing the social worker gives notice to the child’s parent or guardian at least 14 days prior to the child’s move. The child’s parent or guardian has the option to object to an out-of-county placement and to have a court hearing on the matter. However, the child has no legal standing to either be notified of the prospective move, or to object to it.
Foster youth rights
The rights of foster youth have been variously established in statute. A foster child has the right to an attorney, the right to address the court and to participate in court proceedings. California’s Foster Youth Bill of Rights was established in 2001 (AB 899, Liu, Chapter 683) and requires that children in out-of-home care be provided with information by their social worker every six months.
The federal Preventing Sex Trafficking and Strengthening Families Act of 2014 (HR 4980) requires states to ensure that children in foster care age 14 or older participate in the development of, or revision to, the case plan. The plan must describe the foster child’s rights. Children aging out of foster care must be provided with a birth certificate, a social security card, health insurance information, medical records and a driver’s license or state identification. Other recent efforts have resulted in educational and health care rights.
Related legislation:
SB 1299 (Ridley-Thomas, 2015) requires the Department of Health Care Services to develop policies and procedures establishing the presumptive transfer of responsibility for foster youth who are transferred out of their original county jurisdiction who need specialty mental health services.
AB 490 (Steinberg, Chapter 862, Statutes of 2003) provided foster youth with the right to remain in their school of origin, to immediately enroll in a different school without any of the normally required documentation such as a birth certificate or immunization records and the right to partial credits, among others.
SB 899 (Liu, chapter 683, Statutes of 2001) established the Foster Youth Bill of Rights, required social workers to notify foster children of those rights and required facilities that provide services for youth to make the information available.
PRIOR VOTES
Assembly Floor: | 76 - 0 |
Assembly Appropriations Committee: | 16 - 0 |
Assembly Human Services Committee: | 6 - 0 |
POSITIONS
Support:
Children’s Law Center (Sponsor)
Children Now
Oppose:
None.
-- END --
Date of Hearing: April 20, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
ABPCA Bill Id:AB 1688
Author:(Rodriguez) – As Introduced Ver:January 21, 2016
Policy Committee: | Human Services | Vote: | 6 - 0 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY: This bill expands the lists of specified individuals required to receive advance notification regarding out-of-county placement of children in the child welfare system, and who are permitted to object to such placement. Specifically, this bill:
- Adds a child’s attorney and a child 10 years of age or older to the list of individuals who must receive written notice regarding anticipated out-of-county placement of the child, as specified.
- Permits a child to object to the placement and, upon objection, receive a hearing regarding the objection prior to placement, as specified.
FISCAL EFFECT:
- One-time cost of $4,000 ($3,000 GF) in FY 2016-17 and a full-year cost of $7,000 ($6,000 GF) in 2017-18 and on-going (Prop 30) to the Department of Social Services to cover an additional 15 minutes of social worker time to provide two additional written notices. This assumes approximately 500 youth will be affected by this bill based on available data.
- Minor and absorbable costs to the courts.
COMMENTS:
- Purpose. According to the author, “Dependency Courts make decisions every day that significantly impact the lives and futures of California’s foster children. It is well established that children should and do have a right to an attorney, to address the court, and to participate in the proceedings so their voice can be considered in these critical decisions…One of the most important decisions that occurs during a dependency case is where a child will live. The location of the child’s placement has a significant effect on the child, as it impacts everything from where the child goes to school to how often the child can see siblings, relatives, and friends. When a child is moved to a foster home in a different county, this can mean a new school, a new or different therapist, starting over with friends and extracurricular activities, and so much more. Unfortunately, current law regarding out of county placements fails to provide children with a meaningful opportunity to express their wishes.”
- Background. Existing law requires a social worker, prior to placing a child outside of the county, to serve written notice on the parent or guardian at least 14 days prior to the placement, unless the child's health or well-being is endangered by the delay. The notice must state the reasons that require placement outside the county. The parent or guardian may object to the placement not later than seven days from receipt of the notice and, upon objection, the court must hold a hearing not later than five days after the objection and prior to the placement. This bill would additionally require notice to be served on the child's attorney and, if the child is 10 years of age or older, the child, and would allow the child to object to the placement and receive a hearing.
As of October 1, 2015, there were 62,605 children in California’s child welfare system, most under the age of 10. July 2015 data indicate that approximately 20% of children and youth in foster care were placed in counties other than their supervising county.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: March 29, 2016
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Susan Bonilla, Chair
ABPCA Bill Id:AB 1688 (
Author:Rodriguez) – As Introduced Ver:January 21, 2016
SUBJECT: Dependent children: out-of-county placement: notice
SUMMARY: Expands the lists of specified individuals required to receive advance notification regarding out-of-county placement of children in the child welfare system and permitted to object to such placement.
Specifically, this bill:
- Adds a child’s attorney and a child 10 years of age or older to the list of individuals who must receive written notice regarding anticipated out-of-county placement of the child, as specified.
- Permits a child to object to the placement and, upon objection, receive a hearing regarding the objection prior to placement, as specified.
EXISTING LAW:
- Permits the juvenile court to adjudge a child a dependent of the court for specified reasons, including, but not limited to, if a child has suffered or is at substantial risk of suffering serious physical harm, emotional damage, or sexual abuse, as specified. (WIC 300)
- States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being physically, sexually, or emotionally abused, neglected, or exploited, and to ensure the safety, protection, and physical and emotional well-being of children who are at risk of harm. (WIC 300.2)
- Declares the intent of the Legislature to, whenever possible, preserve and strengthen a child’s family ties and, when a child must be removed from the physical custody of his or her parents, to give preferential consideration to placement with relatives. States the intent of the Legislature to reaffirm its commitment to children who are in out-of-home placement to live in the least restrictive family setting and as close to the child’s family as possible, as specified. Further states the intent of the Legislature that all children live with a committed, permanent, nurturing family and states that services and supports should be tailored to meet the specific needs of the individual child and family being served, as specified. (WIC 16000)
- Requires out-of-home placement of a child in foster care to be based upon selection of a safe setting that is the least restrictive family setting that promotes normal childhood experiences and the most appropriate setting that meets the child’s individual needs, as specified. Further requires the selection of placement to consider, in order of priority, placement with: relatives, nonrelated extended family members, and tribal members; foster family homes, resource families, and nontreatment certified homes of foster family agencies; followed by treatment and intensive treatment certified homes of foster family agencies or multidimensional treatment foster care homes or therapeutic foster care homes; group care placements in the order of short-term residential treatment centers, group homes, community treatment facilities, and out-of-state residential treatment, as specified. (WIC 16501.1(d)(1))
- Requires the juvenile court to appoint counsel for a child or nonminor dependent if he or she is not represented by counsel, as specified. Further requires that a primary responsibility of counsel appointed to represent a child or nonminor dependent be to advocate for the protection, safety, and physical and emotional well-being of that child or nonminor dependent, and charges counsel in general with the representation of the child’s interests. (WIC 317(c), (e))
- States that a minor who is the subject of a juvenile court hearing has the right to be present at that hearing, to be represented at the hearing by counsel of his or her own choice, and to address the court and participate in the hearing if he or she so desires. Further requires the court to determine if a minor 10 years of age or older not present at a hearing was properly notified of, and given an opportunity to attend, the hearing and requires the court to continue the hearing to allow the minor to participate in instances where required notification and/or opportunity were not provided, as specified. (WIC 349)
- Requires a placing agency, as soon as it makes a decision regarding the placement or change in placement of a dependent child, to notify the child’s attorney and provide that attorney specified information regarding the child. (WIC 16010.6 (a), (d))
- Requires a child removed from the physical custody of his or her parent or guardian, and who is not placed with relatives, to be placed in the county of residence of his or her parent or guardian in order to facilitate family reunification, unless no appropriate placements are available in that county, at which point out-of-county placement is permissible, as specified. (WIC 361.2 (g))
- Prohibits the out-of-county placement of a child from occurring prior to his or her social worker serving written notice, which states the reasons requiring this placement, on the parent or guardian at least 14 days prior to the placement, unless the health or well-being of the child is endangered by delaying the action or would be endangered if prior notice were given. Further establishes a process by which the parent or guardian may object to, and receive a hearing regarding, the placement. (WIC 361.2 (h))
FISCAL EFFECT: Unknown.
COMMENTS:
Child Welfare Services: The purpose of California's Child Welfare Services (CWS) system is to protect children from abuse and neglect and provide for their health and safety. When children are identified as being at risk of abuse, neglect or abandonment, county juvenile courts hold legal jurisdiction and children are served by the CWS system through the appointment of a social worker. Through this system, there are multiple opportunities for the custody of the child, or his or her placement outside of the home, to be evaluated, reviewed and determined by the judicial system, in consultation with the child's social worker, to help provide the best possible services to the child. The CWS system seeks to help children who have been removed from their homes reunify with their parents or guardians, whenever appropriate, or unite them with other individuals they consider to be family. As of October 1, 2015, there were 62,605 children in California’s child welfare system.
Out-of-county placements: When a child is removed from his or her home for reasons of abuse or neglect, his or her care becomes the responsibility of the county in which he or she was removed. The social worker handling the child’s case must help determine the best placement for that child, giving priority to placement with relatives and also trying to locate an appropriate placement in the county of residence of the child’s parent or guardian. However, the location of an appropriate in-county placement is not always possible, and a child may be placed with relatives or in another setting, such as a foster family home, in another county. “Out-of-county” foster youth are those who have been placed in a county other than the one in which they originally entered foster care. Point-in-time data from July 1, 2015, indicate that approximately 20% of children and youth in foster care were placed in counties other than their supervising county.
Out-of-county placement of foster youth can create disruptions in school, activities, and relationships. Additionally, there are indications that out-of-county foster youth may have higher needs and less access when it comes to mental health care. A 2011 report issued by the California Child Welfare Council found that out-of-county foster youth were more likely to have been diagnosed with a serious mental health disorder, yet were 10% to 15% less likely to have received any mental health services compared to their in-county peers. And among those that did receive services, in-county foster youth fared better, receiving more care and more intensive treatment.
Need for the bill: According to the author, “Dependency Courts make decisions every day that significantly impact the lives and futures of California’s foster children. It is well established that children should and do have a right to an attorney, to address the court, and to participate in the proceedings so their voice can be considered in these critical decisions…One of the most important decisions that occurs during a dependency case is where a child will live. The location of the child’s placement has a significant effect on the child, as it impacts everything from where the child goes to school to how often the child can see siblings, relatives, and friends. When a child is moved to a foster home in a different county, this can mean a new school, a new or different therapist, starting over with friends and extracurricular activities, and so much more. Unfortunately, current law regarding out of county placements fails to provide children with a meaningful opportunity to express their wishes.”
REGISTERED SUPPORT / OPPOSITION:
Support
Children Now
Children’s Advocacy Institute
Children’s Law Center of California (“CLC”) –sponsor
Coalition of California Welfare Rights Organizations, Inc.
Families NOW
Family Law Section of the State Car (FLEXCOM)
Foster Care Counts
John Burton Foundation
Public Counsel’s Children’s Rights Project
Opposition
None on file.
Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089
Bill Author
Bill Co-Author(s):