Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent of the court under certain circumstances, including when the child has suffered, or there is a substantial risk that the child will suffer, serious physical harm, or a parent fails to provide the child with adequate food, clothing, shelter, or medical treatment. Whenever a person has been adjudged to be a dependent child of the juvenile court and has been committed or otherwise disposed of for the care of dependent children of the juvenile court, existing law authorizes the court to order that the dependent child be detained in a suitable place designated as the court deems fit until the execution of the order of commitment or of other disposition.

In any case in which a child is detained for more than 15 days pending the execution of the order of commitment or of any other disposition, existing law requires the court to periodically review the case to determine whether the delay is reasonable. Existing law requires these periodic reviews to be held at least every 15 days, as specified, and, during the course of each review, requires the court to inquire regarding the action taken by the social worker to carry out its order, the reasons for the delay, and the effect of the delay upon the child.

This bill would require, in any case in which a dependent child or nonminor dependent is detained or placed for more than 15 5 consecutive calendar days in emergency shelter care, a temporary shelter care facility, or a transitional shelter care facility, as defined, or is inappropriately residing in a place that is not a licensed or approved shelter, home, or facility, the court to periodically review the action taken by the social worker to locate a placement consistent with the case plan for the dependent child or nonminor dependent. The bill would require these periodic reviews to be conducted at least every 15 3 days and to include review of efforts made by the social worker to identify and locate adult relatives of the child or nonminor dependent, as specified. The bill would further set forth the circumstances in which a periodic review hearing would not be required, except as specified.

Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent of the court under certain circumstances, including when the child has suffered, or there is a substantial risk that the child will suffer, serious physical harm, or a parent fails to provide the child with adequate food, clothing, shelter, or medical treatment. Whenever a person has been adjudged to be a dependent child of the juvenile court and has been committed or otherwise disposed of for the care of dependent children of the juvenile court, existing law authorizes the court to order that the dependent child be detained in a suitable place designated as the court deems fit until the execution of the order of commitment or of other disposition.

In any case in which a child is detained for more than 15 days pending the execution of the order of commitment or of any other disposition, existing law requires the court to periodically review the case to determine whether the delay is reasonable. Existing law requires these periodic reviews to be held at least every 15 days, as specified, and, during the course of each review, requires the court to inquire regarding the action taken by the social worker to carry out its order, the reasons for the delay, and the effect of the delay upon the child.

This bill would require, in any case in which a dependent child or nonminor dependent is residing detained or placed for more than 15 consecutive calendar days in emergency shelter care, a temporary shelter care facility, or a transitional shelter care facility, as defined, or due to the lack of placement is temporarily residing in a homeless shelter, hotel, or other similar place, is inappropriately residing in a place that is not a licensed or approved shelter, home, or facility, the court to periodically review the action taken by the social worker to locate a placement consistent with the case plan for the dependent child or nonminor dependent. The bill would require these periodic reviews to be conducted at least every 15 days and to include review of efforts made by the social worker to identify and locate adult relatives of the child or nonminor dependent, as specified. The bill would further set forth the circumstances in which a periodic review hearing would not be required, except as specified.

Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent of the court under certain circumstances, including when the child has suffered, or there is a substantial risk that the child will suffer, serious physical harm, or a parent fails to provide the child with adequate food, clothing, shelter, or medical treatment. Whenever a person has been adjudged to be a dependent child of the juvenile court and has been committed or otherwise disposed of for the care of dependent children of the juvenile court, existing law authorizes the court to order that the dependent child be detained in a suitable place designated as the court deems fit until the execution of the order of commitment or of other disposition.

In any case in which a child is detained for more than 15 days pending the execution of the order of commitment or of any other disposition, existing law requires the court to periodically review the case to determine whether the delay is reasonable. Existing law requires these periodic reviews to be held at least every 15 days, as specified, and, during the course of each review, requires the court to inquire regarding the action taken by the social worker to carry out its order, the reasons for the delay, and the effect of the delay upon the child.

This bill would require, in any case in which a dependent child or nonminor dependent is residing for more than 15 consecutive calendar days in emergency shelter care, a temporary shelter care facility, or a transitional shelter care facility, as defined, or due to the lack of placement is temporarily residing in a homeless shelter, hotel, or other similar facility, place, the court to periodically review the action taken by the social worker to locate a placement consistent with the case plan for the dependent child or nonminor dependent. The bill would require these periodic reviews to be held conducted at least every 15 days and to include review of efforts made by the social worker to identify and locate adult relatives of the child or nonminor dependent. dependent, as specified. The bill would further set forth the circumstances in which a periodic review hearing would not be required, except as specified.

Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent of the court under certain circumstances, including when the child has suffered, or there is a substantial risk that the child will suffer, serious physical harm, or a parent fails to provide the child with adequate food, clothing, shelter, or medical treatment. Whenever a person has been adjudged to be a dependent child of the juvenile court and has been committed or otherwise disposed of for the care of dependent children of the juvenile court, existing law authorizes the court to order that the dependent child be detained in a suitable place designated as the court deems fit until the execution of the order of commitment or of other disposition.

In any case in which a child is detained for more than 15 days pending the execution of the order of commitment or of any other disposition, existing law requires the court to periodically review the case to determine whether the delay is reasonable. Existing law requires these periodic reviews to be held at least every 15 days, as specified, and, during the course of each review, requires the court to inquire regarding the action taken by the social worker to carry out its order, the reasons for the delay, and the effect of the delay upon the child.

This bill would require, in any case in which a dependent child or nonminor dependent is residing, residing for more than 15 consecutive calendar days, days in emergency shelter care, a temporary shelter care facility, or a transitional shelter care facility, as defined, or due to the lack of placement is temporarily residing in a homeless shelter, hotel, or other similar facility, the court to periodically review the action taken by the social worker to locate a placement consistent with the case plan for the dependent child or nonminor dependent. The bill would require these periodic reviews to be held at least every 15 days and to include review of efforts made by the social worker to identify and locate adult relatives of the child or nonminor dependent. By creating new duties for the social worker, this bill would impose a state-mandated local program.

Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent of the court under certain circumstances, including when the child has suffered, or there is a substantial risk that the child will suffer, serious physical harm, or a parent fails to provide the child with adequate food, clothing, shelter, or medical treatment. Whenever a person has been adjudged to be a dependent child of the juvenile court and has been committed or otherwise disposed of for the care of dependent children of the juvenile court, existing law authorizes the court to order that the dependent child be detained in a suitable place designated as the court deems fit until the execution of the order of commitment or of other disposition.

In any case in which a child is detained for more than 15 days pending the execution of the order of commitment or of any other disposition, existing law requires the court to periodically review the case to determine whether the delay is reasonable. Existing law requires these periodic reviews to be held at least every 15 days, as specified, and, during the course of each review, requires the court to inquire regarding the action taken by the social worker to carry out its order, the reasons for the delay, and the effect of the delay upon the child.

This bill would require, in any case in which a dependent child or nonminor dependent is residing, for more than 15 calendar days, in emergency shelter care, a temporary shelter care facility, or a transitional shelter care facility, as defined, or due to the lack of placement is temporarily residing in a homeless shelter, hotel, or other similar facility, the court to periodically review the action taken by the social worker to locate a placement consistent with the case plan for the dependent child or nonminor dependent. The bill would require these periodic reviews to be held at least every 15 days and to include review of efforts made by the social worker to identify and locate adult relatives of the child or nonminor dependent. By creating new duties for the social worker, 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.

 THIRD READING  

Bill No: AB 1446

Author:

:

Vote:

SENATE HUMAN SERVICES COMMITTEE: 4-0, 6/13/17

AYES: Wiener, Glazer, Newman, Nguyen

NO VOTE RECORDED: Berryhill

SENATE JUDICIARY COMMITTEE: 6-0, 6/27/17

AYES: Jackson, Moorlach, Anderson, Hertzberg, Stern, Wieckowski

NO VOTE RECORDED: Monning

SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/17

AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener

ASSEMBLY FLOOR: 77-0, 5/11/17 - See last page for vote

SUBJECT:

SOURCE: Children’s Law Center of California

DIGEST:

This bill requires a periodic court review of any case in which a foster child is residing for more than five consecutive calendar days in emergency shelter care, a temporary shelter care facility, or a transitional shelter care facility, or due to the lack of placement is inappropriately residing in a place that is not a licensed or approved shelter, home or facility. This bill requires the periodic reviews to be held at least every three days and to include review of efforts made by the social worker to identify and locate adult relatives of the child or nonminor dependent.

ANALYSIS:

Existing law:

1. Establishes the jurisdiction of the dependency court over children who have suffered or are at substantial risk of suffering serious physical harm inflicted non accidentally upon the child by the child’s parent or guardian or as a the result of the failure or inability of his or her parent or guardian to provide adequate supervision.
2. States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being physically, sexually, 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.
3. Requires a social worker, within 30 days of taking a child into temporary custody or whenever appropriate to identify and locate all adults who are related to the child by blood, adoption, or affinity within the fifth degree of kinship and provide for the purposes of informing them of their right to participate in the care and placement of the child, as specified.
4. Defines a “child and family team” to means a group of individuals who are convened by the child welfare or probation agency and who are engaged through a variety of team-based processes to identify the strengths and needs of the child or youth and his or her family, and to help achieve positive outcomes for safety, permanency, and well-being. Members may include the child, family members, caseworker, caregiver, foster care, regional center and mental health providers, as appropriate, school representatives, coaches and other appropriate supports.
5. Defines “emergency shelter care” as emergency shelter provided to children who have been removed from their parent(s) or guardian(s) due to abuse and neglect, and allows the Department of Social Services (CDSS) to establish time periods for which emergency shelter care may be funded. Further allows the definition of “emergency shelter care” to include “transitional shelter care facilities,” which is defined as any group care facility that provides 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living, or for the protection of the individuals.
6. Defines a “temporary shelter care facility” as any facility that is owned and operated by the county or on behalf of a county by a private, nonprofit agency, and that is a 24-hour facility that provides no more than 10 calendar days of residential care and supervision for children under 18 years of age who have been removed from their homes as a result of abuse or neglect.
7. Defines a “transitional shelter care facility” to mean any group care facility that provides for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.
8. Requires a judge to periodically review a case when a child is detained for more than 15 days pending placement to determine whether the delay is reasonable. Requires the periodic reviews shall be held at least every 15 days, as specified, and requires the court to inquire about action taken by the social worker to carry out its order, the reasons for the delay, and the effect of the delay upon the child.

This bill:

1. Requires a court to periodically review the action taken by the social worker to locate a placement consistent with a dependent child or nonminor’s case plan in any case in which a dependent child or nonminor dependent is detained or placed for more than five consecutive calendar days in emergency shelter care, a temporary shelter care facility, or a transitional shelter care facility, or is inappropriately residing in a place that is not a licensed or approved shelter, home, or facility.
2. Requires the periodic reviews to be conducted at least every three days and requires they include review of efforts made by the social worker to identify and locate adult relatives of the child or nonminor dependent.
3. Permits the periodic review may be conducted as either an appearance or nonappearance hearing at the court’s discretion.
4. Clarifies that the requirement for the court to conduct review hearings is not to be construed as condoning or granting approval of placements that are not otherwise authorized pursuant to other provisions of law.
5. Clarifies that the required reviews shall not be interpreted to abridge any other legal rights or remedies related to inappropriate placements or placements at any unauthorized or unlicensed facility, or to abridge any other legal rights or remedies related to overstays in emergency shelter care facilities, nor shall it be construed as permitting placement in a temporary shelter care facility for more than 10 days as limited by existing law.
6. Permits a court to not conduct a periodic review if an appropriate placement has been identified, and the required assessments are in process to effectuate the placing of a child with the family or into a specified location or approved facility within five days, but requires a hearing to be set if any party to the proceedings requests it.

Background

California’s child welfare system was created to protect children who are abused, neglected or exploited, or at risk of those acts, by providing intensive services to families in order to keep them together. If maintaining the family is determined not to be in the best interest of a child, the child is removed and the child welfare agency arranges for and monitors temporary or permanent placement of the child in the safest and least restrictive environment possible. Nearly 64,000 children were in foster care April 1, 2017, according to data produced by UC Berkeley’s Child Welfare Indicators website. Of that number, 103 were in shelters and more than 1,100 were listed as runaway.

Outcomes for foster children are poor: Children and youth have increased rates of chronic health conditions, low educational achievement, mental health conditions, and high rates of unintended pregnancy.

Placement options

Children entering the child welfare system have a variety of placement options, depending upon age, availability of foster homes, whether they are a part of a sibling group, and whether they exhibit behavioral or emotional challenges, among other factors.

For more than a decade California has implemented prevention and early intervention efforts to strengthen families and reduce the number of children that must reside in out-of-home foster care placements, resulting in a decline from more than 100,000 youths in foster care in 1999 to the current 64,000. About 85 percent of children were removed from their families due to neglect, eight percent due to physical abuse, and two percent due to sexual abuse.^[1] The median length of time California children spent in foster care was about 15 months, as of 2012.

At the same time the population was declining, there was a growing national consensus in the field of child welfare that institutionalized settings should be used sparingly. The placement of maltreated children in group care settings has been increasingly viewed as a temporary solution in instances where emergency or crisis treatment is warranted. Yet, as of January 2015, 48 percent of youth placed in group homes in California through the child welfare services system had been there more than two years, and 23 percent had been there more than five years.

In 2012, CDSS convened a working group to recommend changes to the current services, and programs serving children and families in the continuum of foster care settings. The three-year effort came in response to statutory requirements in budget trailer bill (SB 1013, Budget & Fiscal Review Committee, Chapter 25, Statutes of 2012), which mandated the workgroup consider, at a minimum, reforms to programs provided by Foster Family Agencies and group homes, and how to ensure the provision of services in family-like settings, including after care services, when appropriate.

Temporary and transitional shelter care

Foster care shelters are operated by counties, offering shelter to youth awaiting placement or replacement in a permanent setting on an emergency basis. Under the package of legislation enacting the Continuum of Care Reform (CCR), the maximum allowable length of stay for temporary shelter care facilities is 10 days.

Prior to the enactment of CCR reforms, advocates for children decried the lack of regulations to address specific needs of children in temporary care, shelter overcrowding, improper placement of children and mixing of populations, which created a risk of harm to children in these facilities. Although the length of stay has been curtailed and several shelters have closed or are in the process of closing, some controversy remains around the use of shelter care.

Advocates for shelters argue that having a shelter available allows a social worker time to find appropriate homes for children who have unique life circumstances – ranging from placement of larger sibling groups to children with significant behavioral challenges. Often children who had difficulty remaining in placement would be returned to the shelter while another placement option was sought. Some stayed for months, or longer.

A 2017 article in the Chronicles of Social Change framed the debate as a tug of war between those who want a safety net for hard-to-place children and those who believe that leaving shelters available inevitably results in children living there. A 2017 series of stories in the San Francisco Chronicle documented significant numbers of arrests of foster youth at shelters, most of them for running away, damage to shelter property or scuffles with staff or other children that did not cause serious injury.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

The Senate Appropriations Committee identified significant ongoing costs in the millions of dollars for increased social worker time. For each case, social workers would need to create a report and appear in court every three days until a sufficient placement was made. It is assumed that each case would require an additional 12 hours of time at the current social worker rate of $99.46 per hour. (GF)

SUPPORT: (Verified 9/1/17)

Children’s Law Center of California (source)

The Association of Regional Center Agencies

OPPOSITION: (Verified 9/1/17)

California Department of Finance

ARGUMENTS IN SUPPORT: The Children’s Law Center of California writes that despite legal protections to ensure children are not in short-term placements for lengthy stays, “too many of our clients spend extended periods of time in placements designed to be temporary, or they find themselves bouncing from shelter to shelter. This is especially common for the older foster youth population. The resulting lack of family, stability and normalcy is re-traumatizing for a foster child or youth and runs contrary to a fundamental goal of foster care.”

ARGUMENTS IN OPPOSITION: The California Department of Finance writes that this bill results in General Fund cost pressures. “Furthermore, this bill seems premature given the current practice and policy changes underway at CDSS, including implementing time limitations on shelter care.” Finance also writes that the trail courts are not funded on a workload basis and, to the extent this bill results in increased numbers of reviews, there could be a delay in court services.

ASSEMBLY FLOOR: 77-0, 5/11/17

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Dahle, O'Donnell, Patterson

Prepared by:

9/4/17 12:40:51

**** END ****

1. “Foster Care in California,” Kidsdata.org, February 2016 ↑

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

AB 1446 (Cooley) - Dependent children: periodic review hearing

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on September 1, 2017

Bill Summary:

This bill would require a periodic court review of any case in which a foster child is residing in emergency shelter care, a temporary shelter facility, a transitional care facility, or is inappropriately residing in a place that is not a licensed or approved shelter, home, or facility for more than five consecutive days. This bill would require the periodic review to be held every three days and to include a review of efforts made by the social worker to identify and locate adult relatives of the child or nonminor dependent.

Fiscal Impact:

Significant ongoing costs in the millions of dollars for increased social worker time. For each case, social workers would need to create a report and appear in court every three days until a sufficient placement was made. It is assumed that each case would require an additional 12 hours of time at the current social worker rate of $99.46 per hour. (GF)

Committee Amendments:

• Change the requirement for the court to periodically review the action taken by a social worker to locate a placement consistent with the case plan for a dependent child or nonminor dependent in any case in which a dependent child or nonminor dependent is detained or placed in emergency shelter care, a temporary shelter facility, a transitional care facility, other inappropriate placement from more than 15 consecutive calendar days to more than five consecutive calendar days.
• Change the requirement for periodic court reviews of efforts made by the social worker to identify and locate adult relatives of the child or nonminor dependent from being conducted at least every 15 days and to at least every three days.

-- END --

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

AB 1446 (Cooley) - Dependent children: periodic review hearing

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

This bill would require a periodic court review of any case in which a foster child is residing in emergency shelter care, a temporary shelter facility, a transitional care facility, or is inappropriately residing in a place that is not a licensed or approved shelter, home, or facility for more than 15 consecutive days. This bill would require the periodic review to be held every 15 days and to include a review of efforts made by the social worker to identify and locate adult relatives of the child or nonminor dependent.

Fiscal Impact:

• Significant ongoing costs for increased social worker time. For each case, social workers would need to create a report and appear in court every 15 days until a sufficient placement was made. It is assumed that each case would require an additional 12 hours of time at the current social worker rate of $99.46 per hour. (GF)

Background:

The child welfare system oversees the care of children in California who were removed from their homes because of allegations of abuse, neglect, or exploitation. If a court determines that it is not in the best interest of the child to remain at home, the child welfare agency arranges for and monitors temporary or permanent placement of the child. Studies have reported high rates of posttraumatic stress disorder (PTSD) among foster children due to trauma they are likely to have experienced. That trauma can often be exacerbated by removal from a home; adjustment to a new home, foster family, school, and classmates; and potential subsequent removal from a foster home.

A February 2016 report from Kidsdata.org, “Foster Care in California,” states that about 85% of children were removed from their families due to neglect, 8% due to physical abuse, and 2% due to sexual abuse. The median length of time California children spent in foster care was about 15 months, as of 2012. The placement of maltreated children in group care settings has been increasingly viewed as a temporary solution in instances where emergency or crisis treatment is warranted. Yet, as of January 2015, 48% of youth placed in group homes in California through the child welfare services system had been there more than two years, and 23% had been there more than five years.

Under Continuum of Care Reform (CCR), which reformed aspects of the child welfare system, the maximum allowable length of stay for temporary shelter care facilities is 10 days.

Proposed Law:

This bill would:

• Require the court to periodically review the action taken by a social worker to locate a placement consistent with the case plan for a dependent child or nonminor dependent in any case in which a dependent child or nonminor dependent is detained or placed for more than 15 consecutive calendar days in emergency shelter care, a temporary shelter facility, a transitional care facility, or is inappropriately residing in a place that is not a licensed or approved shelter, home, or facility;
• Require the periodic reviews to be conducted at least every 15 days and shall include review of efforts made by the social worker to identify and locate adult relatives of the child or nonminor dependent;
• Authorize the periodic review to be conducted as either an appearance or nonappearance hearing at the court’s discretion;
• Provide that the requirement for the court to conduct review hearings shall not be construed as condoning or granting approval of placements that are not otherwise authorized;
• Provide that these provisions shall not be interpreted to abridge any other legal rights or remedies related to inappropriate placements or placements at any unauthorized or unlicensed facility;
• Provide that these provisions shall be interpreted to abridge any other legal rights or remedies related to overstays in emergency shelter care facilities, nor shall it be construed as permitting placement in a temporary shelter care facility for more than 10 days;
• Provide that a periodic review hearing is not required if an appropriate placement has been identified, and the required assessments are in process to effectuate the placing of a child with the family or into a specified location or approved facility within 15 days. Additionally, this bill would provide that a hearing can be requested of any party to the proceedings.

Related Legislation:

AB 404 (Stone, 2017) would continue enacting changes to the Continuum of Care reform effort, including changes to adoption procedures and inclusion of child-specific options for placing children with foster parents. This bill is pending in the Senate Appropriations Committee.

AB 403 (Stone, Chapter 773, Statutes of 2015) enacted the Continuum of Care reform, including phasing out licensure categories for group homes and instead creating a high-intensity, short-term treatment model for children with documented mental health needs. It established the 10-day limit on shelter stays.

AB 1997 (Stone, Chapter 612, Statutes of 2016) enacted clean up language to the Continuum of Care reform effort, including establishing rates and therapeutic requirements for short term residential therapeutic programs.

Staff Comments:

The types of emergency shelter care facilities referred to in the bill (i.e., emergency shelter care, a temporary shelter facility, a transitional care facility, or a place that is not a licensed or approved shelter, home, or facility) are not placements that CDSS records in their child welfare database. Consequently, it is currently difficult to determine an accurate caseload that this bill would apply to.

Proposition 30 (November 2012) eliminated any potential mandate funding liability for any new program or higher level of service mandated on local agencies related to realigned programs, including child welfare services and foster care. Legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by realignment only apply to local agencies to the extent that the state provides annual funding for the cost increase. Local agencies are not obligated to provide programs or levels of service required by legislation above the level for which funding has been provided. This bill was not keyed as a fiscal bill; however, the workload that would be required of the social workers every 15 days to produce a review report for the court would be a significant increase from their currently workload.

-- END --

SENATE JUDICIARY COMMITTEE

Senator Hannah-Beth Jackson, Chair

2017-2018 Regular Session

Bill No: AB 1446 (Author:Cooley)

Version: June 15, 2017

Hearing Date: June 27, 2017

Fiscal: No

Urgency: No

Consultant: MS

SUBJECT

Dependent children: periodic review hearing

DESCRIPTION

This bill would require periodic court review of the actions taken by the social worker to locate a placement consistent with the case plan for a dependent child or nonminor dependent in any instant where the child or nonminor is residing for more than 15 consecutive calendar days in emergency shelter care, a temporary shelter care facility, or a transitional shelter care facility, or due to the lack of placement is temporarily residing in a homeless shelter, hotel, or other similar facility. This bill would require the periodic reviews to be held at least every 15 days and to include review of efforts made by the social worker to identify and locate adult relatives of the child or nonminor dependent (NMD).

This bill would provide that the review may be either an appearance or non-appearance hearing at the court’s discretion. Furthermore, this bill would provide that if an appropriate placement has been identified, and the required assessments are in process to effectuate the placement of the child, then the period review would not be required. Such a review would however still occur based on the request of any party.

BACKGROUND

Abused and neglected children who have been removed from their homes fall under the jurisdiction of the child welfare system. This system seeks to ensure the safety and protection of these children, and where possible, preserve and strengthen families through visitation and family reunification. (Welf. & Inst. Code Sec. 300 et seq.) After a child is taken from the custody of his or her parents, social workers are required to release a child temporarily to a responsible parent, guardian, or relative, unless a specified condition exists. (Welf. & Inst. Code Sec. 309(a).) Social workers may also release a child into the custody of a nonrelative extended family member (NREFM), defined as an “adult caregiver who has an established familial relationship with a relative of the child, or a familial or mentoring relationship with the child,” or place the child in a licensed foster or group home. (Welf. & Inst. Code Secs. 362.7, 361.2(e).) A social worker must then petition the court to declare the child a dependent of the court, and within a relatively short period of time, the court determines whether it needs to assert jurisdiction over the child, and limit or deny parental rights.

These placements, at least initially, are temporary while the social worker develops a case plan to present to the court according to the following priorities: (1) maintain the child within his or her home; (2) remove the child but with the goal of reuniting the parent and child; or (3) find a permanent placement for the child. Following the initial placement of a child in a temporary home, a child is not eligible for adoption until the court has formally terminated parental rights and ended family reunification services. Thus, it is imperative that the temporary placement, whether with a foster home, relative, or NREFM, assist in the facilitation of court-ordered family reunification services.

Placement often depends upon what is currently available to a particular county’s child welfare department. Existing law authorizes a county’s child welfare services to utilize “emergency shelter care” for a child who has been removed from their parents or guardian or guardians pursuant to Section 300. (Welf. & Inst. Code Sec. 16501(a)(7).) This is intended to provide for temporary housing while the social worker locates placement with a foster home, relative, or NREFM that is consistent with the dependent child or NMD’s case plan. County child welfare services may also utilize such care when a child or NMD is between placements. Existing law allows the Department of Social Services to establish through regulation the time periods for which emergency shelter care can be funded, thus providing for the length of time children or NMDs may reside in these emergency care situations while awaiting placement. (Welf. & Inst. Code Sec. 16501(a)(7).)

To provide additional oversight to the length of time children and NMDs are residing in emergency shelter care, this bill would require court review of the social worker’s efforts to find placement in line with the child or NMD’s case plan anytime a child or NMD has spent 15 consecutive days in emergency shelter care. Additionally, this bill would require the periodic reviews be held at least every 15 days and to include review of efforts made by the social worker to identify and locate adult relatives of the child or NMD. This bill would further provide that if an appropriate placement has been identified and is just waiting on the required assessments to be effectuated, then the periodic review hearing would not be required, but could still be had upon the request of any party.

CHANGES TO EXISTING LAW

Existing law provides for a state and local system of child welfare services, including foster care, for children who have been adjudged by the court to be at risk of or have been abused or neglected, as specified. (Welf. & Inst. Code Sec. 202.)

Existing law provides 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, being neglected, or being exploited, and to ensure the safety, protection, and physical and emotional well-being of children who are at risk of that harm. (Welf. & Inst. Code Sec. 300.2.)

Existing law provides that it is the intent of the Legislature to preserve and strengthen a child’s family ties whenever possible and to reunify a foster youth with his or her biological family whenever possible, or to provide a permanent placement alternative, such as adoption or guardianship. (Welf. & Inst. Code Sec. 16000.)

Existing law provides for extended foster care, allowing dependent youth to remain in care until age 21. (Welf. & Inst. Code Sec. 303 .)

Existing law provides that “nonminor dependent” means a current or former foster youth who is between 18 and 21 years old, in foster care under the responsibility of the county welfare department, county probation department, or Indian Tribe, and participating in a transitional independent living plan, as specified. (Welf. & Inst. Code Sec. 11400(v).)

Existing law provides that whenever a person has been adjudged a dependent child of the juvenile court and has been committed or otherwise disposed of as provided in this chapter for the care of dependent children, the court may order that the dependent child be detained in a suitable place designated as the court deems fit until the execution of the order of commitment or of other disposition. (Welf. & Inst. Code Sec. 367.)

Existing law provides that in any case in which a child is detained for more than 15 days pending the execution of the order of commitment or of any other disposition, the court shall periodically review the case to determine whether the delay is reasonable. These periodic reviews shall be held at least every 15 days and the court shall review the action taken by the social worker to carry out its order, the reasons for the delay, and the effect of the delay upon the child. (Welf. & Inst. Code Sec. 367(b).)

Existing law provides that the Department of Social Services (DSS) may establish time periods for which emergency shelter care may be funded. (Welf. & Inst. Code Sec. 16501(a)(7).)

Existing law provides the following definitions:

• “emergency shelter care” means shelter provided to children who have been removed from their parent or parents or their guardian or guardians. The department may establish, by regulation, the time periods for which emergency shelter care shall be funded. Emergency shelter care may include “transitional shelter care facilities.” (Welf. & Inst. Code Sec. 16501(a)(7).)
• “temporary shelter care facility” means any facility that is owned and operated by the county or on behalf of a county by a private, nonprofit agency, that is a 24-hour facility that provides no more than 10 calendar days of residential care and supervision for children under 18 years of age who have been removed from their homes as a result of abuse or neglect. (Health & Saf. Code Sec. 1530.8(c).)
• “transitional shelter care facility” means any group care facility that provides for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. (Health & Saf. Code Sec. 1502(a)(11).)

Existing law provides that a county child welfare agency must make diligent efforts to locate an appropriate relative, and the juvenile court to find that these efforts have been made, before any child may be placed in long-term foster care. Additionally, nothing may preclude a search for an appropriate relative while the child is in foster care. (Fam. Code Sec. 7950.)

This bill would provide that in any case in which a dependent child or nonminor dependent is residing for more than 15 consecutive calendar days in emergency shelter care, a temporary shelter care facility, or a transitional care facility, or due to lack of placement is temporarily residing in a homeless shelter, hotel, or other similar facility, the court shall periodically review the action taken by the social worker to locate a placement consistent with the case plan for the dependent child or nonminor dependent.

This bill would provide that these periodic court reviews shall be held at least every 15 days and shall include review of the efforts made by the social worker to identify and locate adult relatives of the child or nonminor dependent. The review could be either through an appearance or non-appearance hearing at the court’s discretion.

This bill would provide that a periodic review hearing is not required if an appropriate placement has been identified, and the required assessments are in process to effectuate the placing of a child with the family or into a specified location or approved facility. Such a review could still be had upon the request of any party.

COMMENT

1. Stated need for this bill

According to the Author:

AB 1446 ensures that children in foster care do not linger in transitional, temporary or emergency shelter placements not intended for long term care. Children in foster care have experienced trauma and at the time when they most need stability they may find themselves bouncing from place to place. A child with a history of trauma needs family, school, extracurricular activities, and a whole host of other healthy childhood experiences that come with living in a loving and stable home environment. AB 1446 would provide critical court oversight to ensure every child has a place to call home.

The Children’s Law Center, the sponsor of this bill, writes:

Current law provides certain protections to prohibit the placement of foster youth in short-term placements for extended periods of time. These protections include specified timeframes in law and regulation, and additional court oversight prior to the legal disposition of the case. However, despite these protections, too many of our clients spend extended periods of time in placements designed to be temporary, or they find themselves bouncing from shelter to shelter. This is especially common for the older foster youth population. The resulting lack of family, stability and normalcy is re-traumatizing for a foster child or youth and runs contrary to a fundamental goal of foster care.

AB 1446 would address this issue by requiring a court hearing every 15 days for any youth residing in placements designed to be temporary. The hearing would include review of the status of the child’s circumstance, efforts made by the child welfare agency to locate a family member or foster home and actions taken to identify adult relatives who might serve as placement options.

1. Use of emergency shelter care for California’s foster youth

AB 403 (Stone, Ch. 773, Stats. 2015) began the introduction of legislation to effectuate the changes sought by a multi-year effort to reform California’s foster care system with a focus on reducing the use of congregate care. As DSS, local child welfare agencies, and child welfare advocates have worked to implement this effort, known as the Continuum of Care Reform or CCR, additional issues have arisen that need to be addressed to effectuate successful implementation. This bill reflects such a change.

In 2015, DSS sued Los Angeles County Department of Children and Family Services (DCFS) for its use of the Children’s Welcome Center, a County operated emergency shelter, for stays longer than what is allowed under existing regulation. This suit has resulted in DCFS’s decision to close the Welcome Center, and instead rely on four private, residential facilities spread throughout Los Angeles County. (Heimpel, Los Angeles to Shutter Celebrated Center for Abused Children, (Feb. 11, 2016) <https://chronicleofsocialchange.org/featured/los-angles-to-shutter-celebrated-center-for-abused-children/15655> [as of June 11, 2017].)

DCFS’s decision to close the center has raised concerns that Los Angeles County will be relying on residential care facilities while CCR is supposed to be moving the state away from the use of such facilities. Additionally, such a move does not address the potential underlying problem of lack of resource family placements available, a problem that extends beyond Los Angeles County. For example, Kern County and Santa Clara County have also been found to utilize emergency shelters for longer than the time periods allowed under current law and regulation. This is said to in part occur because of their difficulty finding quality foster parents who can handle youth with special needs, such as mental health concerns, substance abuse problems, or other difficulties. (Loudenback, Use of Shelters in California Highlights Foster Parent Crisis, (March 10, 2016) <https://chronicleofsocialchange.org/featured/16526/16526> [as of June 11, 2017].)

This bill would require additional judicial oversight of the use of emergency shelter by requiring a periodic review hearing at least every 15 days when a child is placed in an emergency shelter. Additionally, this bill requires the court to review the social worker’s efforts to find a suitable placement option and a review of the social worker’s family finding efforts. This allows the opportunity for the judge, the child or NMD’s counsel, and other parties to weigh in on the child or NMD’s current status and applies pressure that may be needed to ensure the social worker is turning over all stones in terms of finding a suitable placement for the minor or NMD, whether it be with a foster family, a relative, or an NRFM placement.

The Association of Regional Center Agencies writes the following in support:

AB 1446 will lead to further development of Resource Families that will benefit many children, including those the court has determined to be most appropriate for home-based family care. We are heartened to see continued legislative support of California’s Continuum of Care Reform, including AB 1446, that supports the initiative for faster permanent family living situations and less local dependence on congregate care placement settings.

The following amendments would clarify the purpose of this bill, and make clear that the Legislature does not condone nor grant approval of placements that are not otherwise authorized pursuant to other provisions of law:

Proposed amendments:

On page 3, line two strike “residing” and insert “detained or placed”

On page 3, lines 6 to 8, strike “due to lack of placement is temporarily residing in a homeless shelter, hotel, or other similar place,” and insert the following:

is inappropriately residing in a place that is not a licensed or approved shelter, home or facility,

On page 3, between lines 15 and 16 insert the following:

(B) The requirement for the court to conduct review hearings pursuant to subparagraph (A) shall not be construed as condoning or granting approval of placements that are not otherwise authorized pursuant to other provisions of law.

(C) Nothing in this paragraph shall be interpreted to abridge any other legal rights or remedies related to inappropriate placements or placements at any unauthorized or unlicensed facility.

(D) Nothing in this paragraph shall be interpreted to abridge any other legal rights or remedies related to overstays in emergency shelter care facilities, nor shall it be construed as permitting placement in a temporary shelter care facility for more than 10 days as described in 11462.022.

On page 3, line 19, insert “within 15 days” after “facility”

1. Protection of county resources

Concerns were raised that the requirement of these additional periodic review hearings might burden the already stretched budgets of many counties’ child welfare agencies and California’s family courts. The concerns seemed to be particularly focused on the time period when a proper placement for a child or NMD may have been identified, but because of required assessments and approval processes, may not yet be ready to actually receive the child. It was raised that requiring a review hearing during this waiting period may actually delay placement or at the very least take time away from other pressing matters.

As a result, this bill was amended to include a provision that would allow for the review to be either an appearance or non-appearance hearing at the court’s discretion. This would allow the court to determine the amount of time and resources needed to review the case, thus giving them the ability to decide what will best protect the child and meet the needs of all parties involved.

Furthermore, language was added to the bill that would allow a review hearing to not be required if an appropriate placement has been identified and the required assessments are in process to effectuate the placing of the child. Even in such an instance, any party would be able to request a period review hearing. These changes would ensure that if a proper placement has been identified and is in the process of being finalized, a court would not have to conduct a periodic review, saving county resources and ensuring such a review would not delay the placement. Yet, any party would be able to request a review to occur despite a placement being identified. This would ensure that should the stay in emergency shelter be ongoing and a review be needed to ensure the child or NMD‘s case is proceeding properly, such a review would still be had despite placement being identified.

Support: Alliance for Children’s Rights; Association of Regional Center Agencies

Opposition: None Known

HISTORY

Source: Children’s Law Center

Related Pending Legislation:

AB 404 (Mark Stone, 2017) would adopt changes to further facilitate the implementation of Continuum of Care Reform recommendations. Specifically, this bill would adopt changes related to licensing of private adoption agencies, to foster family agencies, resource families, resource family approval, and short-term residential therapeutic programs. Additionally, this bill would make changes regarding the effective dates of certain provider rates provided for under CCR. This bill is currently in the Senate Human Services Committee.

Prior Legislation:

SB 1336 (Jackson, Ch. 890, Stats. 2016) clarified how a social worker exercises due diligence in locating family to release a dependent child or nonminor dependent to. Requires that whenever a child is removed from a parent or guardian’s custody, the court shall make a finding as to whether the social worker has exercised due diligence in conducting the investigation, as specified, to identify, locate, and notify the child’s relatives, including both maternal and paternal relatives.

AB 1997 (Mark Stone, Ch. 612, Stats. 2016) adopted changes needed to further facilitate implementation of Continuum of Care Reform. Specifically, this bill adopted changes regarding accreditation and licensure of Foster Family Agencies and Short-Term Residential Treatment Centers, adopted changes regarding Resource Family approval, and changes regarding certification of out-of-state group homes.

AB 403 (Mark Stone, Ch. 773, Stats. 2015) established a sunset for existing licensure, rate setting and other provisions for group homes and Foster Family Agencies (FFAs), and established interim provisions. It provided for licensure of Short Term Residential Treatment Centers (STRTCs) and FFAs and required the California Department of Social Services (CDSS) to develop a new payment structure for STRTCs and FFAs, as specified. This bill established the framework for the codification of a number of recommendations included in the CDSS report, California’s Child Welfare Continuum of Care Reform.

Prior Vote:

Senate Human Services (Ayes 4, Noes 0)

Assembly Floor (Ayes 77, Noes 0)

Assembly Human Services Committee (Ayes 7, Noes 0)

**************

SENATE COMMITTEE ON HUMAN SERVICES

Senator Wiener, Chair

2017 - 2018 Regular

Bill No: AB 1446

Subject: Dependent children: periodic review hearing

SUMMARY

This bill requires a periodic court review of any case in which a foster child is residing for more than 15 consecutive calendar days in emergency shelter care, a temporary shelter care facility, or a transitional shelter care facility, as defined, or due to the lack of placement is temporarily residing in a homeless shelter, hotel, or other similar facility, as specified. The bill requires the periodic reviews to be held at least every 15 days and to include review of efforts made by the social worker to identify and locate adult relatives of the child or nonminor dependent.

ABSTRACT

Existing law:

1. Establishes the jurisdiction of the dependency court over children who have suffered or are at substantial risk of suffering serious physical harm inflicted non accidentally upon the child by the child’s parent or guardian or as a the result of the failure or inability of his or her parent or guardian to provide adequate supervision. (WIC 300, et seq.)
2. States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being physically, sexually, 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)
3. Requires a social worker, within 30 days of taking a child into temporary custody or whenever appropriate to identify and locate all adults who are related to the child by blood, adoption, or affinity within the fifth degree of kinship and provide for the purposes of informing them of their right to participate in the care and placement of the child, as specified. (WIC 309(e))
4. Defines a “child and family team” to means a group of individuals who are convened by the child welfare or probation agency and who are engaged through a variety of team-based processes to identify the strengths and needs of the child or youth and his or her family, and to help achieve positive outcomes for safety, permanency, and well-being. Members may include the child, family members, caseworker, caregiver, foster care, regional center and mental health providers, as appropriate, school representatives, coaches and other appropriate supports. (WIC 16501 (a))
5. Defines “emergency shelter care” as emergency shelter provided to children who have been removed from their parent(s) or guardian(s) due to abuse and neglect, and allows the Department of Social Services (DSS) to establish time periods for which emergency shelter care may be funded. Further allows the definition of “emergency shelter care” to include “transitional shelter care facilities,” which is defined as any group care facility that provides 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living, or for the protection of the individuals. (WIC 16501 (a)(7), HSC 1502 (a)(11))
6. Defines a “temporary shelter care facility” as any facility that is owned and operated by the county or on behalf of a county by a private, nonprofit agency, and that is a 24-hour facility that provides no more than 10 calendar days of residential care and supervision for children under 18 years of age who have been removed from their homes as a result of abuse or neglect. (HSC 1530.8 (c))
7. Defines a “transitional shelter care facility” to mean any group care facility that provides for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. (WIC 1502 (a)(11))
8. Requires a judge to periodically review a case when a child is detained for more than 15 days pending placement to determine whether the delay is reasonable. Requires the periodic reviews shall be held at least every 15 days, as specified, and requires the court to inquire about action taken by the social worker to carry out its order, the reasons for the delay, and the effect of the delay upon the child. (WIC 367)

This bill:

1. Requires that in any case in which a dependent child or nonminor dependent is residing for more than 15 consecutive calendar days in emergency shelter care, a temporary shelter care facility, or a transitional shelter care facility, as defined, or due to the lack of placement is temporarily residing in a homeless shelter, hotel, or other similar facility, the court shall periodically review the action taken by the social worker to locate a placement consistent with the case plan for the dependent child or nonminor dependent.
2. Requires that these periodic reviews shall be held at least every 15 days and shall include review of efforts made by the social worker to identify and locate adult relatives of the child or nonminor dependent.

FISCAL IMPACT

This bill is keyed non-fiscal and was not heard by the Assembly Appropriations Committee.

BACKGROUND AND DISCUSSION

Purpose of the bill:

According to the author, children in foster care have experienced trauma and may find themselves bouncing from place to place at a time when they most need stability. “A child with a history of trauma needs family, school, extracurricular activities and a whole host of other healthy childhood experiences that come with living in a loving and stable home environment,” the author states. The author states that this bill will reduce the time some children spend in temporary shelter care.

Background

California’s child welfare system was created to protect children who are abused, neglected or exploited, or at risk of those acts, by providing intensive services to families in order to keep them together. If maintaining the family is determined not to be in the best interest of a child, the child is removed and the child welfare agency arranges for and monitors temporary or permanent placement of the child in the safest and least restrictive environment possible. Approximately 61,400 children were in out-of-home foster care placement through the child welfare system as of October 1, 2016, according to data produced by UC Berkeley’s Child Welfare Indicators website. Outcomes for foster children are poor: Children and youth have increased rates of chronic health conditions, low educational achievement, mental health conditions, and high rates of unintended pregnancy.

Placement options

Children entering the child welfare system have a variety of placement options, depending upon age, availability of foster homes, whether they are a part of a sibling group, and whether they exhibit behavioral or emotional challenges, among other factors.

For more than a decade California has implemented prevention and early intervention efforts to strengthen families and reduce the number of children that must reside in out-of-home foster care placements, resulting in a decline from more than 100,000 youths in foster care in 1999 to the current 62,000. About 85 percent of children were removed from their families due to neglect, 8 percent due to physical abuse, and 2 percent due to sexual abuse.^[1] The median length of time California children spent in foster care was about 15 months, as of 2012.

At the same time the population was declining, there was a growing national consensus in the field of child welfare that institutionalized settings should be used sparingly. The placement of maltreated children in group care settings has been increasingly viewed as a temporary solution in instances where emergency or crisis treatment is warranted. Yet, as of January 2015, 48 percent of youth placed in group homes in California through the child welfare services system had been there more than two years, and 23 percent had been there more than five years.

In 2012, CDSS convened a working group to recommend changes to the current services, and programs serving children and families in the continuum of foster care settings. The three-year effort came in response to statutory requirements in budget trailer bill (SB 1013, Chapter 25, Statutes of 2012), which mandated the workgroup consider, at a minimum, reforms to programs provided by Foster Family Agencies and group homes, and how to ensure the provision of services in family-like settings, including after care services, when appropriate.

Temporary and transitional shelter care

Foster care shelters are operated by counties, offering shelter to youth awaiting placement or replacement in a permanent setting on an emergency basis. Under the package of Legislation enacting the CCR, the maximum allowable length of stay for temporary shelter care facilities is 10 days.

Prior to the enactment of CCR reforms, advocates for children decried the lack of regulations to address specific needs of children in temporary care, shelter overcrowding, improper placement of children and mixing of populations, which created a risk of harm to children in these facilities. Although the length of stay has been curtailed and several shelters have closed or are in the process of closing, some controversy remains around the use of shelter care.

Advocates for shelters argue that having a shelter available allows a social worker time to find appropriate homes for children who have unique life circumstances – ranging from placement of larger sibling groups to children with significant behavioral challenges. Often children who had difficulty remaining in placement would be returned to the shelter while another placement option was sought. Some stayed for months, or longer.

A 2017 article in the Chronicles of Social Change^[2] framed the debate as a tug of war between those who want a safety net for hard-to-place children and those who believe that leaving shelters available inevitably results in children living there. A 2017 series of stories in the San Francisco Chronicle^[3] documented significant numbers of arrests of foster youth at shelters, most of them for running away, damage to shelter property or scuffles with staff or other children that did not cause serious injury.

Related legislation:

AB 403 (Stone, Chapter 773, Statutes of 2015) enacted the Continuum of Care reform, including phasing out licensure categories for group homes and instead creating a high-intensity, short-term treatment model for children with documented mental health needs. It established the 10-day limit on shelter stays.

AB 1997 (Stone, Chapter 612, Statutes of 2016) enacted clean up language to the Continuum of Care reform effort, including establishing rates and therapeutic requirements for short term residential therapeutic programs.

AB 404 (Stone, 2017) continues enacting changes to the Continuum of Care reform effort, including changes to adoption procedures and inclusion of child-specific options for placing children with foster parents.

COMMENTS

Double-referral: This bill is double-referred to the Senate Judiciary Committee if it passes this committee.

This bill attempts to ensure that recent time limits to the duration of a foster child’s stay in a temporary shelter will be overseen by the courts. County welfare directors and others have questioned whether the time involved for a social worker to prepare for a series of 15-day hearings on a difficult to place child would take away from the time to convene a child and family team or to pursue placement options for a child awaiting placement. Further, if a child on the verge of moving to an appropriate home experiences relatively insignificant delays, pushing the child’s move past 15 days, counties say it may not be necessary to convene a court hearing.

To address those concerns, the author suggests and the committee supports the following amendments:

WIC 367 (c) (1) In any case in which a dependent child or nonminor dependent is residing for more than 15 consecutive calendar days in emergency shelter care as defined in Section 16501, a temporary shelter care facility, as defined in Section 1530.8 of the Health and Safety Code, or a transitional shelter care facility, as defined in Section 1502 of the Health and Safety Code, or due to the lack of placement is temporarily residing in a homeless shelter, hotel, or other similar facility place, the court shall periodically review the action taken by the social worker to locate a placement consistent with the case plan for the dependent child or nonminor dependent. These periodic reviews shall be held conducted at least every 15 days and shall include review of efforts made by the social worker to identify and locate adult relatives of the child or nonminor dependent. The periodic review may be either an appearance or non-appearance hearing at the court's discretion

(2)(A) If an appropriate placement has been identified, and the required assessments are in process to effectuate the placing of a child with the family or into a specified location or approved facility, then the periodic review outlined in paragraph (1) is not required.

(B) Notwithstanding subparagraph (A), upon the request of any party to the proceedings, a hearing shall be set as outlined in paragraph (1).

PRIOR VOTES

POSITIONS

Support:

Children’s Law Center (Sponsor)

The Association of Regional Center Agencies

Oppose:

None received.

-- END --

1. “Foster Care in California,” Kidsdata.org, February 2016 ↑

2. Slattery, Holden, “California Time Limits 30-day Shelters for Foster Youth in Midst of ‘Epic Crisis’ in Foster Parent Recruitment, Chronicle of Social Change, March 9, 2017. ↑

3. De Sa, Karen, Joaquin Palomino and Cynthia Dizikes, “Fostering Failure: How Shelters Criminalize Hundreds of Children,” San Francisco Chronicle, May 18, 2017. ↑

SENATE COMMITTEE ON HUMAN SERVICES

Senator Wiener, Chair

2017 - 2018 Regular

Bill No: AB 1446

Subject: Dependent children: periodic review hearing

SUMMARY

This bill requires a periodic court review of any case in which a foster child is residing for more than 15 consecutive calendar days in emergency shelter care, a temporary shelter care facility, or a transitional shelter care facility, as defined, or due to the lack of placement is temporarily residing in a homeless shelter, hotel, or other similar facility, as specified. The bill requires the periodic reviews to be held at least every 15 days and to include review of efforts made by the social worker to identify and locate adult relatives of the child or nonminor dependent.

ABSTRACT

Existing law:

1. Establishes the jurisdiction of the dependency court over children who have suffered or are at substantial risk of suffering serious physical harm inflicted non accidentally upon the child by the child’s parent or guardian or as a the result of the failure or inability of his or her parent or guardian to provide adequate supervision. (WIC 300, et seq.)
2. States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being physically, sexually, 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)
3. Requires a social worker, within 30 days of taking a child into temporary custody or whenever appropriate to identify and locate all adults who are related to the child by blood, adoption, or affinity within the fifth degree of kinship and provide for the purposes of informing them of their right to participate in the care and placement of the child, as specified. (WIC 309(e))
4. Defines a “child and family team” to means a group of individuals who are convened by the child welfare or probation agency and who are engaged through a variety of team-based processes to identify the strengths and needs of the child or youth and his or her family, and to help achieve positive outcomes for safety, permanency, and well-being. Members may include the child, family members, caseworker, caregiver, foster care, regional center and mental health providers, as appropriate, school representatives, coaches and other appropriate supports. (WIC 16501 (a))
5. Defines “emergency shelter care” as emergency shelter provided to children who have been removed from their parent(s) or guardian(s) due to abuse and neglect, and allows the Department of Social Services (DSS) to establish time periods for which emergency shelter care may be funded. Further allows the definition of “emergency shelter care” to include “transitional shelter care facilities,” which is defined as any group care facility that provides 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living, or for the protection of the individuals. (WIC 16501 (a)(7), HSC 1502 (a)(11))
6. Defines a “temporary shelter care facility” as any facility that is owned and operated by the county or on behalf of a county by a private, nonprofit agency, and that is a 24-hour facility that provides no more than 10 calendar days of residential care and supervision for children under 18 years of age who have been removed from their homes as a result of abuse or neglect. (HSC 1530.8 (c))
7. Defines a “transitional shelter care facility” to mean any group care facility that provides for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. (WIC 1502 (a)(11))
8. Requires a judge to periodically review a case when a child is detained for more than 15 days pending placement to determine whether the delay is reasonable. Requires the periodic reviews shall be held at least every 15 days, as specified, and requires the court to inquire about action taken by the social worker to carry out its order, the reasons for the delay, and the effect of the delay upon the child. (WIC 367)

This bill:

1. Requires that in any case in which a dependent child or nonminor dependent is residing for more than 15 consecutive calendar days in emergency shelter care, a temporary shelter care facility, or a transitional shelter care facility, as defined, or due to the lack of placement is temporarily residing in a homeless shelter, hotel, or other similar facility, the court shall periodically review the action taken by the social worker to locate a placement consistent with the case plan for the dependent child or nonminor dependent.
2. Requires that these periodic reviews shall be held at least every 15 days and shall include review of efforts made by the social worker to identify and locate adult relatives of the child or nonminor dependent.

FISCAL IMPACT

This bill is keyed non-fiscal and was not heard by the Assembly Appropriations Committee.

BACKGROUND AND DISCUSSION

Purpose of the bill:

According to the author, children in foster care have experienced trauma and may find themselves bouncing from place to place at a time when they most need stability. “A child with a history of trauma needs family, school, extracurricular activities and a whole host of other healthy childhood experiences that come with living in a loving and stable home environment,” the author states. The author states that this bill will reduce the time some children spend in temporary shelter care.

Background

California’s child welfare system was created to protect children who are abused, neglected or exploited, or at risk of those acts, by providing intensive services to families in order to keep them together. If maintaining the family is determined not to be in the best interest of a child, the child is removed and the child welfare agency arranges for and monitors temporary or permanent placement of the child in the safest and least restrictive environment possible. Approximately 61,400 children were in out-of-home foster care placement through the child welfare system as of October 1, 2016, according to data produced by UC Berkeley’s Child Welfare Indicators website. Outcomes for foster children are poor: Children and youth have increased rates of chronic health conditions, low educational achievement, mental health conditions, and high rates of unintended pregnancy.

Placement options

Children entering the child welfare system have a variety of placement options, depending upon age, availability of foster homes, whether they are a part of a sibling group, and whether they exhibit behavioral or emotional challenges, among other factors.

For more than a decade California has implemented prevention and early intervention efforts to strengthen families and reduce the number of children that must reside in out-of-home foster care placements, resulting in a decline from more than 100,000 youths in foster care in 1999 to the current 62,000. About 85 percent of children were removed from their families due to neglect, 8 percent due to physical abuse, and 2 percent due to sexual abuse.^[1] The median length of time California children spent in foster care was about 15 months, as of 2012.

At the same time the population was declining, there was a growing national consensus in the field of child welfare that institutionalized settings should be used sparingly. The placement of maltreated children in group care settings has been increasingly viewed as a temporary solution in instances where emergency or crisis treatment is warranted. Yet, as of January 2015, 48 percent of youth placed in group homes in California through the child welfare services system had been there more than two years, and 23 percent had been there more than five years.

In 2012, CDSS convened a working group to recommend changes to the current services, and programs serving children and families in the continuum of foster care settings. The three-year effort came in response to statutory requirements in budget trailer bill (SB 1013, Chapter 25, Statutes of 2012), which mandated the workgroup consider, at a minimum, reforms to programs provided by Foster Family Agencies and group homes, and how to ensure the provision of services in family-like settings, including after care services, when appropriate.

Temporary and transitional shelter care

Foster care shelters are operated by counties, offering shelter to youth awaiting placement or replacement in a permanent setting on an emergency basis. Under the package of Legislation enacting the CCR, the maximum allowable length of stay for temporary shelter care facilities is 10 days.

Prior to the enactment of CCR reforms, advocates for children decried the lack of regulations to address specific needs of children in temporary care, shelter overcrowding, improper placement of children and mixing of populations, which created a risk of harm to children in these facilities. Although the length of stay has been curtailed and several shelters have closed or are in the process of closing, some controversy remains around the use of shelter care.

Advocates for shelters argue that having a shelter available allows a social worker time to find appropriate homes for children who have unique life circumstances – ranging from placement of larger sibling groups to children with significant behavioral challenges. Often children who had difficulty remaining in placement would be returned to the shelter while another placement option was sought. Some stayed for months, or longer.

A 2017 article in the Chronicles of Social Change^[2] framed the debate as a tug of war between those who want a safety net for hard-to-place children and those who believe that leaving shelters available inevitably results in children living there. A 2017 series of stories in the San Francisco Chronicle^[3] documented significant numbers of arrests of foster youth at shelters, most of them for running away, damage to shelter property or scuffles with staff or other children that did not cause serious injury.

Related legislation:

AB 403 (Stone, Chapter 773, Statutes of 2015) enacted the Continuum of Care reform, including phasing out licensure categories for group homes and instead creating a high-intensity, short-term treatment model for children with documented mental health needs. It established the 10-day limit on shelter stays.

AB 1997 (Stone, Chapter 612, Statutes of 2016) enacted clean up language to the Continuum of Care reform effort, including establishing rates and therapeutic requirements for short term residential therapeutic programs.

AB 404 (Stone, 2017) continues enacting changes to the Continuum of Care reform effort, including changes to adoption procedures and inclusion of child-specific options for placing children with foster parents.

COMMENTS

Double-referral: This bill is double-referred to the Senate Judiciary Committee if it passes this committee.

This bill attempts to ensure that recent time limits to the duration of a foster child’s stay in a temporary shelter will be overseen by the courts. County welfare directors and others have questioned whether the time involved for a social worker to prepare for a series of 15-day hearings on a difficult to place child would take away from the time to convene a child and family team or to pursue placement options for a child awaiting placement. Further, if a child on the verge of moving to an appropriate home experiences relatively insignificant delays, pushing the child’s move past 15 days, counties say it may not be necessary to convene a court hearing.

To address those concerns, the author suggests and the committee supports the following amendments:

WIC 367 (c) In any case in which a dependent child or nonminor dependent is residing for more than 15 consecutive calendar days in emergency shelter care as defined in Section 16501, a temporary shelter care facility, as defined in Section 1530.8 of the Health and Safety Code, or a transitional shelter care facility, as defined in Section 1502 of the Health and Safety Code, or due to the lack of placement is temporarily residing in a homeless shelter, hotel, or other similar facility place, the court shall periodically review the action taken by the social worker to locate a placement consistent with the case plan for the dependent child or nonminor dependent. These periodic reviews shall be held conducted at least every 15 days and shall include review of efforts made by the social worker to identify and locate adult relatives of the child or nonminor dependent. The periodic review may be either an appearance or non-appearance hearing at the court's discretion

(d) If an appropriate placement has been identified, and the required assessments are in process to effectuate the placing of a child with the family or into a specified location or approved facility, then the periodic review outlined in (c) of this section is not required. Upon the request of any party, a hearing shall be set as outlined in (c) of this section.

PRIOR VOTES

POSITIONS

Support:

Children’s Law Center (Sponsor)

The Association of Regional Center Agencies

Oppose:

None received.

-- END --

1. “Foster Care in California,” Kidsdata.org, February 2016 ↑

2. Slattery, Holden, “California Time Limits 30-day Shelters for Foster Youth in Midst of ‘Epic Crisis’ in Foster Parent Recruitment, Chronicle of Social Change, March 9, 2017. ↑

3. De Sa, Karen, Joaquin Palomino and Cynthia Dizikes, “Fostering Failure: How Shelters Criminalize Hundreds of Children,” San Francisco Chronicle, May 18, 2017. ↑

ASSEMBLY THIRD READING

ATR Bill Id:AB 1446

Author:(Cooley)

As Amended Ver:April 18, 2017

Majority vote

SUMMARY: Requires, in any case in which a child or nonminor dependent is residing for more than 15 consecutive calendar days in an emergency, temporary care, or a transitional shelter care facility, as specified, or due to a lack of placement is temporarily residing in a homeless shelter, hotel or similar facility, the court to review, at least every 15 days, the actions taken by the social worker to locate a placement for the youth, including a review of efforts made to identify and locate adult relatives of the youth.

EXISTING LAW:

1. Establishes a state and local system of child welfare services, including foster care, for children who have been adjudged by the court to be at risk or have been abused or neglected, as specified. (Welfare and Institutions Code (WIC) Section 202)
2. States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being physically, sexually, 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 Section 300.2)
3. States the intent of the Legislature to preserve and strengthen a child's family ties whenever possible and to reunify a foster youth with his or her biological family whenever possible, or to provide a permanent placement alternative, such as adoption or guardianship. (WIC Section 16000)
4. Provides for extended foster care funding for youth until age 21, as well as adopts other changes to conform to the federal Fostering Connections to Success Act. (WIC Sections 241.1, 303, 366.3, 388, 391, 450, 11400, 11402, 11403)
5. Defines "nonminor dependent" as a current or former foster youth who is between 18 and 21 years old, in foster care under the responsibility of the county welfare department, county probation department, or Indian Tribe, and participating in a transitional independent living plan, as specified. (WIC Section 11400 (v))
6. Requires, in any case in which a child is detained for more than 15 days pending the execution of the other of commitment or of any other disposition, the court to periodically review the case to determine whether the delay is reasonable. Further requires these reviews to be held at least every 15 days, as specified, and includes a review of the actions taken by a social worker to carry out its order, the reasons for the delay, and the effect of the delay upon the child. (WIC Section 367 (b))
7. Defines "emergency shelter care" as emergency shelter provided to children who have been removed from their parent(s) or guardian(s) due to abuse and neglect, and allows the Department of Social Services (DSS) to establish time periods for which emergency shelter care may be funded. Further allows the definition of "emergency shelter care" to include "transitional shelter care facilities," which is defined as any group care facility that provides 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living, or for the protection of the individuals. (WIC Section 16501 (a)(7), Health and Safety Code (HSC) Section 1502 (a)(11))
8. Defines a "temporary shelter care facility" as any facility that is owned and operated by the county or on behalf of a county by a private, nonprofit agency, and that is a 24-hour facility that provides no more than 10 calendar days of residential care and supervision for children under 18 years of age who have been removed from their homes as a result of abuse or neglect. (HSC Section 1530.8 (c))
9. Requires county child welfare agencies to make diligent efforts to locate an appropriate relative, and the juvenile court to find that these efforts have been made, prior to any child may be placed in long-term foster care. Further provides that nothing may preclude a search for an appropriate relative while the child is in foster care. (Family Code Section 7950(a)(1) and (c))

FISCAL EFFECT: This bill was keyed non-fiscal by the Legislative Counsel.

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. There are currently over 64,000 children and youth in California's child welfare system.

Extended foster care: In September 2010, Governor Brown signed AB 12 (Beall), Chapter 559, Statutes of 2010, which extended foster care benefits for eligible youth aging out of the foster care system. Rather than leave youth without support on their 18th birthday, AB 12 provides transitional youth, referred to as nonminor dependents, with access to resources and mentorship until they turn 21. AB 12 provides these youth with the opportunity to experience independent living in supervised living environments and the opportunity to obtain educational and employment training in order to better prepare them for a successful transition into adulthood and self-sufficiency. Youth must meet specific criteria in order to be eligible for AB 12 benefits and nonminor dependents must also sign an agreement within six months of turning 18 to remain in foster care, reside in an eligible placement, and agree to work with their social worker to meet goals of the youth's Transitional Living Plan.

Continuum of Care Reform (CCR): In 2015, Governor Brown signed AB 403 (Stone), Chapter 773, Statutes of 2015, which reformed placement and treatment options for youth in foster care under what is called "Continuum of Care Reform" (CCR). The bill was sponsored by DSS and built upon years of policy changes aimed at improving outcomes for youth in foster care. Primarily, and as a result of growing consensus among the child welfare field at both the national and state level, efforts have been made at reducing the reliance on group homes as a placement setting for foster youth. AB 403 aimed to ensure that youth in foster care would have their day-to-day physical, mental and emotional needs met and that they have the opportunity to grow up in permanent and supportive homes, and that they can grow into self-sufficient and successful adults. AB 403 included various changes to the Resource Family Approval program. In 2016, AB 1997 (Stone), Chapter 612, Statutes of 2016 was signed into law and adopted changes to further facilitate implementation of CCR recommendations.

In order to ensure youth receive necessary services, a case plan for each child is created and is often considered the foundation and unifying tool in which a child's needs and services are consolidated in one location. Current law requires that a written case plan be completed no more than 60 days after the initial removal of a child from care, or by the date of the dispositional hearing, whichever is first. The case plan provides a centralized file that includes: a description of the type of home or institution in which the child is placed, the reasons for that placement decision, including specific goals and appropriateness of the planned services in meeting those goals, and the original allegations of abuse or neglect or the conditions cited as the basis for declaring the child a dependent of the court.

Emergency, temporary, and transitional shelter care: Currently, the term "emergency shelter care" is not a DSS-recognized licensing category, and these facilities do not receive a reimbursement rate from the state. Operated by counties in either a home-setting or a group-setting, "emergency shelter care" is used to refer to any type of shelter used as a placement option on an emergency basis.

The term "temporary shelter care facilities" refers to facilities operated by counties that offer shelter to youth awaiting placement or replacement in a permanent setting on an emergency basis for no more than 30 days. Temporary shelter care facilities are not currently licensed by DSS; however, CCR regulations will require licensure of these facilities. The maximum allowable length of stay for temporary shelter care facilities will be restricted to no more than 10 days, subject to very limited circumstances. Currently, these facilities have transition plans in place with DSS detailing the necessary steps to convert to a licensed facility such that the 10 day limit is not yet in effect. There are approximately 10 temporary shelter care facilities in the state.

Transitional shelter care refers to any group facility that provides 24 hours of nonmedical care to individuals. Under CCR, lengths of stay in transitional care facilities are limited to no more than 90 days; however, counties may choose to further limit the length of a youth's stay. While these placement options are meant to be temporary, it is not uncommon to see counties use them as long-term placement options for youth who are difficult to place due to a variety of circumstances.

Need for this bill: According to the author’s office, "[This bill] ensures that children in foster care do not linger in transitional, temporary, or emergency shelter placements not intended for long term care. Children in foster care have experienced trauma and at a time when they most need stability they may find themselves bouncing from place to place. A child with a history of trauma needs family, school, extracurricular activities, and a whole host of other healthy childhood experiences that come with living in a loving and stable home environment. [This bill] would provide critical court oversight to ensure every child has a place to call home."

Analysis Prepared by: Kelsy Castillo / HUM. S. / (916) 319-2089 FN: 0000219

Date of Hearing: April 4, 2017

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Blanca Rubio, Chair

ABPCA Bill Id:AB 1446 (

Author:Cooley) – As Introduced Ver:February 17, 2017

SUBJECT: Dependent children: periodic review hearing

SUMMARY: Requires, in any case in which a child or nonminor dependent is residing for more than 15 calendar days in an emergency, temporary care, or a transitional shelter care facility, as specified, or due to a lack of placement is temporarily residing in a homeless shelter, hotel or similar facility, the court to review, at least every 15 days, the actions taken by the social worker to locate a placement for the youth, including a review of efforts made to identify and locate adult relatives of the youth.

EXISTING LAW:

1. Establishes a state and local system of child welfare services, including foster care, for children who have been adjudged by the court to be at risk or have been abused or neglected, as specified. (WIC 202)
2. States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being physically, sexually, 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)
3. States the intent of the Legislature to preserve and strengthen a child’s family ties whenever possible and to reunify a foster youth with his or her biological family whenever possible, or to provide a permanent placement alternative, such as adoption or guardianship. (WIC 16000)
4. Provides for extended foster care funding for youth until age 21, as well as adopts other changes to conform to the federal Fostering Connections to Success Act. (WIC 241.1, 303, 366.3, 388, 391, 450, 11400, 11402, 11403)
5. Defines “nonminor dependent” as a current or former foster youth who is between 18 and 21 years old, in foster care under the responsibility of the county welfare department, county probation department, or Indian Tribe, and participating in a transitional independent living plan, as specified. (WIC 11400 (v))
6. Requires, in any case in which a child is detained for more than 15 days pending the execution of the other of commitment or of any other disposition, the court to periodically review the case to determine whether the delay is reasonable. Further requires these reviews to be held at least every 15 days, as specified, and includes a review of the actions taken by a social worker to carry out its order, the reasons for the delay, and the effect of the delay upon the child. (WIC 367 (b))
7. Defines “emergency shelter care” as emergency shelter provided to children who have been removed from their parent(s) or guardian(s) due to abuse and neglect, and allows the Department of Social Services (DSS) to establish time periods for which emergency shelter care may be funded. Further allows the definition of “emergency shelter care” to include “transitional shelter care facilities,” which is defined as any group care facility that provides 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living, or for the protection of the individuals. (WIC 16501 (a)(7), HSC 1502 (a)(11))
8. Defines a “temporary shelter care facility” as any facility that is owned and operated by the county or on behalf of a county by a private, nonprofit agency, and that is a 24-hour facility that provides no more than 10 calendar days of residential care and supervision for children under 18 years of age who have been removed from their homes as a result of abuse or neglect. (HSC 1530.8 (c))
9. Requires county child welfare agencies to make diligent efforts to locate an appropriate relative, and the juvenile court to find that these efforts have been made, prior to any child may be placed in long-term foster care. Further provides that nothing may preclude a search for an appropriate relative while the child is in foster care. (FAM 7950(a)(1) and (c))

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. There are currently over 64,000 children and youth in California’s child welfare system.

Extended foster care: In September 2010, Governor Brown signed AB 12 (Beall), Chapter 559, Statutes of 2010, which extended foster care benefits for eligible youth aging out of the foster care system. Rather than leave youth without support on their 18th birthday, AB 12 provides transitional youth, referred to as nonminor dependents, with access to resources and mentorship until they turn 21. AB 12 provides these youth with the opportunity to experience independent living in supervised living environments and the opportunity to obtain educational and employment training in order to better prepare them for a successful transition into adulthood and self-sufficiency.

In order to qualify for extended foster care, youth must meet at least one of the five defined program criteria, including:

1. Being enrolled in a high school or equivalent program;
2. Being enrolled in a college, community college, or vocational program;
3. Being employed at least 80 hours a month;
4. Participating in a program or activity designed to remove barriers to employment; or
5. Being unable to do one of the above requirements due to a medical condition.

Nonminor dependents must also sign an agreement within 6 months of turning 18 to remain in foster care, reside in an eligible placement, and agree to work with their social worker to meet goals of the youth’s Transitional Living Plan.

Continuum of Care Reform (CCR): In 2015, Governor Brown signed AB 403 (Stone), Chapter 773, Statutes of 2015, which reformed placement and treatment options for youth in foster care under what is called “Continuum of Care Reform” (CCR). The bill was sponsored by DSS and built upon years of policy changes aimed at improving outcomes for youth in foster care. Primarily, and as a result of growing consensus among the child welfare field at both the national and state level, efforts have been made at reducing the reliance on group homes as a placement setting for foster youth. AB 403 aimed to ensure that youth in foster care would have their day-to-day physical, mental and emotional needs met and that they have the opportunity to grow up in permanent and supportive homes, and that they can grow into self-sufficient and successful adults. AB 403 included various changes to the Resource Family Approval program. In 2016, AB 1997 (Stone), Chapter 612, Statutes of 2016 was signed into law and adopted changes to further facilitate implementation of CCR recommendations.

In order to ensure youth receive necessary services, a case plan for each child is created and is often considered the foundation and unifying tool in which a child’s needs and services are consolidated in one location. Current law requires that a written case plan be completed no more than 60 days after the initial removal of a child from care, or by the date of the dispositional hearing, whichever is first. The case plan provides a centralized file that includes: a description of the type of home or institution in which the child is placed, the reasons for that placement decision, including specific goals and appropriateness of the planned services in meeting those goals, and the original allegations of abuse or neglect or the conditions cited as the basis for declaring the child a dependent of the court.

Emergency, temporary, and transitional shelter care: Currently, the term “emergency shelter care” is not a DSS-recognized licensing category, and these facilities do not receive a reimbursement rate from the state. Operated by counties in either a home-setting or a group-setting, “emergency shelter care” is used to refer to any type of shelter used as a placement option on an emergency basis.

The term “temporary shelter care facilities” refers to facilities operated by counties that offer shelter to youth awaiting placement or replacement in a permanent setting on an emergency basis for no more than 30 days. Temporary shelter care facilities are not currently licensed by DSS; however, CCR regulations will require licensure of these facilities. The maximum allowable length of stay for temporary shelter care facilities will be restricted to no more than 10 days, subject to very limited circumstances. Currently, these facilities have transition plans in place with DSS detailing the necessary steps to convert to a licensed facility such that the 10 day limit is not yet in effect. There are approximately 10 temporary shelter care facilities in the state.

Transitional shelter care refers to any group facility that provides 24 hours of nonmedical care to individuals. Under CCR, lengths of stay in transitional care facilities are limited to no more than 90 days; however, counties may choose to further limit the length of a youth’s stay. While these placement options are meant to be temporary, counties often rely on them as long-term placement options for youth who are difficult to place due to a variety of circumstances.

Need for this bill: According to the author’s office, “[This bill] ensures that children in foster care do not linger in transitional, temporary, or emergency shelter placements not intended for long term care. Children in foster care have experienced trauma and at a time when they most need stability they may find themselves bouncing from place to place. A child with a history of trauma needs family, school, extracurricular activities, and a whole host of other healthy childhood experiences that come with living in a loving and stable home environment. [This bill] would provide critical court oversight to ensure every child has a place to call home.”

According to John Burton Advocates for Youth, a supporter of this bill, “Current law provides certain protections to prohibit the placement of foster youth in short-term placements for extended periods of time. These protections include specified timeframes in law and regulation, and additional court oversight prior to the legal disposition of the case. However, despite these protections, too many foster youth spend extended periods of time in placements designed to be temporary, or they find themselves bouncing from shelter to shelter. This is especially common for the older foster youth population. The resulting lack of family, stability and normalcy is re-traumatizing for a foster child or youth and runs contrary to the fundamental goal of foster care.”

According to the Children’s Law Center, a sponsor of this bill, “Current law provides certain protections to prohibit the placement of foster youth in short-term placements for extended periods of time. These protections include specified timeframes in law and regulation, and additional court oversight prior to the legal disposition of the case. However, despite these protections, too many of our clients spend extended periods of time in placements designed to be temporary, or they find themselves bouncing from shelter to shelter. This is especially common for the older foster youth population. The resulting lack of family, stability and normalcy is re-traumatizing for a foster child or youth and runs contrary to a fundamental goal of foster care.”

Recommended amendments: In order to clarify the length of stay that triggers court oversight, committee staff recommends the following amendments:

1. On page 3 of the bill, on line 3, make the following changes:

3

(c) In any case in which a dependent child or nonminor

4

dependent is residing for more than 15 consecutive calendar days in emergency

5

shelter care as defined in Section 16501, a temporary shelter care

6

facility, as defined in Section 1530.8 of the Health and Safety Code,

7

or a transitional shelter care facility, as defined in Section 1502

8

of the Health and Safety Code, or due to the lack of placement is

9

temporarily residing in a homeless shelter, hotel, or other similar

10

Facility, the court shall periodically review the action taken by the

11

social worker to locate a placement consistent with the case plan

12

for the dependent child or nonminor dependent. These periodic

13

reviews shall be held at least every 15 days and shall include

14

review of efforts made by the social worker to identify and locate

15

adult relatives of the child or nonminor dependent.

PRIOR LEGISLATION:

404 (Stone), 2017, furthers Continuum of Care Reform efforts made by AB 403 and AB 1997. This bill is currently awaiting hearing in the Assembly Human Services Committee.

AB 1997 (Stone), Chapter 612, Statutes of 2016, furthered Continuum of Care Reform efforts.

SB 1336 (Jackson), Chapter 890, Statutes of 2016, required the juvenile court to make a finding as to whether the social worker of a youth exercised due diligence in conducting his or her investigation to identify, locate, and notify the child’s relatives.

AB 403 (Stone), Chapter 773, Statutes of 2015, implemented Continuum of Care Reform recommendations to better serve children and youth in California’s child welfare services system.

REGISTERED SUPPORT / OPPOSITION:

Support

Children’s Law Center (Sponsor)

Alliance for Children’s Rights

Children’s Advocacy Institute

John Burton Advocates for Youth

Public Counsel’s Children’s Rights Project

Opposition

None on file.

Analysis Prepared by: Kelsy Castillo / HUM. S. / (916) 319-2089