Existing law requires the California Research Bureau in the California State Library to conduct a study of the children of women who are incarcerated in state prisons for the purpose of determining how many incarcerated women have children and to gather basic information about the children. Existing law requires the California Research Bureau to convene an advisory group to assist in designing and administering the study.

This bill would require the Board of State and Community Corrections to convene a working group regarding the specified needs of children of incarcerated parents. The bill would require the working group to include representatives from the Department of Corrections and Rehabilitation, the Judicial Council, the Chief Probation Officers of California, and children of incarcerated parents and their advocacy groups, among others. The bill would require the working group to develop guidelines for policy and procedure decisions that impact children of incarcerated parents and to make policy and fiscal recommendations to the Legislature for potential revisions to state law.

Existing law establishes a system of statewide child welfare services, administered by the State Department of Social Services and county child welfare agencies, with the intent that all children are entitled to be safe and free from abuse and neglect. Existing law defines child welfare services for these purposes to mean public social services that are directed toward the accomplishment of various purposes, including protecting and promoting the welfare of all children, including disabled, homeless, dependent, or neglected children. Existing law requires social workers to make reasonable efforts to collect and update necessary data regarding a childs incarcerated parent or parents, and encourages the Department of Justice, the Department of Corrections and Rehabilitation, county welfare departments, and county sheriffs to develop protocols for facilitating the exchange of information regarding the location and sentencing of the incarcerated parent or parents of a minor child who is in dependency care.

This bill would declare the intent of the Legislature to enact legislation to establish a multidepartment workgroup that would focus on coordinating support for children with incarcerated parents.

Date of Hearing: April 25, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 2250

Author:(Thurmond) – As Amended Ver:April 5, 2018

Urgency: No State Mandated Local Program: No Reimbursable: Yes

SUMMARY:

This bill requires the Board of State and Community Corrections (BSCC) to convene a working group regarding the needs of children of incarcerated parents. Specifically, this bill:

1. Requires the BSCC to convene a working group in order to develop policy and fiscal recommendations to meet the needs of children with incarcerated parents.
2. Specifies that the working group must include, but not be limited to representatives from Department of Corrections and Rehabilitation (CDCR), State Department of Education, State Department of Social Services, State Department of Health Care Services, Judicial Council of California, Commission on Peace Officer Standards and Training, California State Sheriffs’ Association, children of incarcerated parents, San Francisco Children of Incarcerated Parents Partnership, Alameda County Children of Incarcerated Parents Partnership, Project Avary, Project WHAT!, POPS the Club, and Place4Grace.
3. Requires the working group, by January 1, 2020, to develop policy and procedural guidelines for decisions impacting children of incarcerated parents in the areas of corrections, education, mental health, and other general areas, as specified.
4. Requires the working group, by January 1, 2020 to make policy and fiscal recommendations to the Legislature for potential revisions to state law that would implement the guidelines developed by the working group.
   

FISCAL EFFECT:

1. One-time GF costs to BSCC, likely in the tens of thousands to hundreds of thousands of dollars to convene the working group required by this bill.
2. Minor GF costs to various state departments required to participate in the working group.

COMMENTS:

1. Background. In March 2000, the California Research Bureau published the findings of a study on the children of women incarcerated in state prison. The study found that a significant number of children were present when their parent was arrested. One in five incarcerated mothers reported that their children were present at the time of arrest and over half of the children were between three and six years old. The study went on to state that small-scale studies indicate the effects of parental arrest could lead to multiple psychological problems and outward symptoms including withdrawal, low self-esteem, decline in school performance, truancy, drug or alcohol use, and aggression.
2. Purpose. According to the author:

Children of incarcerated parents face unique challenges due to their parent(s) incarceration. Without the assistance of any singular dedicated agency this vulnerable population is prone to intergenerational traumas that increase the likelihood of these children coming in contact with the criminal justice system.

There is a strong need for the Board of State and Community Corrections to convene and establish a multidepartmental workgroup, including children of incarcerated parents and children of incarcerated parents advocates to prevent this pipeline to prison. AB 2250 establishes a workgroup that will be tasked with coordinating support for children of incarcerated parents by identifying and examining their unique needs including, therapeutic support for childhood trauma, maintenance of the parent-child relationship, and engagement in decision-making impacting the child.

1. Related Legislation: AB 3007 (E. Garcia), of the current legislative session, authorizes the County of Riverside to establish a program, which would provide social services to prevent children with incarcerated parents from becoming involved in criminal activities. AB 3007 is currently pending on the Assembly floor.
   

Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081

Date of Hearing:

Consultant: Mureed Rasool

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:AB 2250

Author:(Thurmond) – As Amended Ver:

SUMMARY:

Convenes a working group within the Board of State and Community Corrections (BSCC) to develop a set of principles guiding policy and procedural decisions impacting children of incarcerated parents, and to make recommendations to the Legislature for potential revisions to state law. Specifically, this bill:

1. Convenes a working group within the BSCC in order to develop policy and fiscal recommendations to meet the needs of children with incarcerated parents (CIP). The working group must include, but not be limited to:
   
   1. Department of Corrections and Rehabilitation (CDCR);
      
   2. State Department of Education;
      
   3. State Department of Social Services;
      
   4. State Department of Health Care Services;
      
   5. Judicial Council of California;
      
   6. Commission on Peace Officer Standards and Training;
      
   7. California State Sheriffs’ Association;
      
   8. Children of incarcerated parents;
      
   9. San Francisco Children of Incarcerated Parents Partnership;
      
   10. Alameda County Children of Incarcerated Parents Partnership;
       
   11. Project Avary;
       
   12. Project WHAT!;
       
   13. POPS the Club; and,
       
   14. Place4Grace.
       
2. Requires the working group to do all of the following by January 1, 2020:
   
   1. Develop policy and procedural guidelines for decisions impacting CIPs in the areas of corrections, education, mental health, and other general areas, as specified;
      
   2. Develop the policy and procedural guidelines after examining the unique needs of CIPs which include, but are not limited to, all of the following:
      
      1. To be informed and protected from trauma when a parent is arrested;
         
      2. To be heard and respected in the process of determining the future of the child;
         
      3. To be considered when decisions are made regarding the child’s parents;
         
      4. To have the child’s physical, mental, and emotional needs prioritized;
         
      5. To be able to speak with, touch, and see the incarcerated parent;
         
      6. To be supported through local services and programs that are geared towards these children’s needs;
         
      7. To not be judged, labeled, or blamed for a parent’s incarceration; and
         
      8. To have a lifelong relationship with the incarcerated parent.
         
   3. Make recommendations to the Legislature for potential revisions to state law in accordance with the aforementioned guidelines.

EXISTING LAW:

1. Mandates the California Research Bureau in the California State Library to design a survey and conduct a study of the children of women incarcerated in state prisons. (Pen. Code, § 7440.)
   
2. States that the purpose of the survey is to determine how many females in state prison have children and to gather information regarding the children’s names, age, performance in school, and other pertinent information, as specified. (Pen. Code, § 7441.)
   
3. Establishes the “Board of State and Community Corrections” (“BSCC”), as specified.  (Penal Code § 6024.)
   
4. Provides the following mission for the BSCC:  The mission of the board shall include providing statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California’s adult and juvenile criminal justice system, including addressing gang problems.  This mission shall reflect the principle of aligning fiscal policy and correctional practices, including, but not limited to prevention, intervention, suppression, supervision, and incapacitation, to promote a justice investment strategy that fits each county and is consistent with the integrated statewide goal of improved public safety through cost-effective, promising, and evidence-based strategies for managing criminal justice populations.  (Penal Code § 6024(b).)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, "Children of Incarcerated Parents (CIP) face unique challenges due to their parent(s) incarceration. Without the assistance of any singular dedicated agency this vulnerable population is prone to intergenerational traumas that increase the likelihood of these children coming in contact with the criminal justice system.
   
   “There is a strong need for the Board of State and Community Corrections to convene and establish a multidepartmental workgroup, including CIP and CIP advocates to prevent this pipeline to prison. AB 2250 establishes a workgroup that will be tasked with coordinating support for CIP by identifying and examining their unique needs including, therapeutic support for childhood trauma, maintenance of the parent-child relationship, and engagement in decision-making impacting the child.
   
   “This workgroup will develop guidelines using the tasks mentioned above to set principles for policy and procedure changes that impact CIP. It will do so by making policy recommendations, by January 1, 2020, to the Legislature for potential revisions to state law.”
   
2. Results from California Research Bureau’s Study: On September 30, 2000, the state of California passed several laws requiring the California Research Bureau to conduct a study on the children of incarcerated women in state prisons. (AB 2316 (Mazzoni), Chapter 965, Statutes of 2000.) In March of that same year, the California Research Bureau published the findings of the study. Although the findings were based on small-scale studies or surveys of prisoners, the published report did conclude that CIPs are at a high risk of having behavioral problems. (California Research Bureau. (2000). Children of Incarcerated Parents. <https://cahealthadvocates.org/wp-content/uploads/2007/11/V7N2.pdf> [Apr. 3, 2018].)
   
   The study found that a significant number of children were present when their parent was arrested. One in five incarcerated mothers reported that their children were present at the time of arrest and over half of the children were between three and six years old. It went on to state that small-scale studies indicate the effects of parental arrest could lead to multiple psychological problems and display outward symptoms including withdrawal, low self-esteem, decline in school performance, truancy, drug or alcohol use, and aggression. (Id.)
   
3. National Research on Incarcerated Parents: Other studies tend to be consistent with the results found by the California Research Bureau. In fact, one of the “strongest and most consistent findings regarding effects of fathers’ incarceration on child well-being are for behavior problems and delinquency.” (National Academies Press. (2014). The Growth of Incarceration in the United States: Exploring Causes and Consequences. <https://www.nap.edu/catalog/18613/the-growth-of-incarceration-in-the-united-states-exploring-causes> [Apr. 3, 2018].)
   
   However, these other studies also suffer from the same methodological limitations faced by the California Research Bureau; namely, that the findings are based on observational rather than experimental data and, data drawn from small group sizes that may not be representative of the incarcerated population as a whole. (Id.) Despite the methodological limitations, the consensus among reports is that there generally seems a link between parental incarceration and their children’s behavioral problems. (Id.)
   
4. San Francisco Children of Incarcerated Parents Partnership CIP “Bill of Rights”: The San Francisco Children of Incarcerated Parents Partnership (SFCIPP) is a coalition of social service providers, advocates, and others who work with CIPs. In 2003, after consulting with its members and research from the California Research Bureau and other, SFCIPP published the Children of Incarcerated Parents Bill of Rights. (San Francisco Children of Incarcerated Parents Partnership. (2003). Children of Incarcerated Parents: A Bill of Rights. <http://docs.wixstatic.com/ugd/73a5ec_83e372f34c154ffb99d9725a95ec1918.pdf> [Apr. 4, 2018].)
   
   The Oregon Legislature passed legislation (SB 241) Chapter 447, Laws of 2017, adopting the language from the SFCIPP Bill of Rights. This bill also derives its language from the SFCIPP Bill of Rights.
   
5. Argument in Support: According to Community Works West, “Prior to this legislation’s introduction, local affinity and advocacy groups have operated for years in the San Francisco Bay Area. Among these, an idea formed for a CIP Bill of Rights that would draw on the lived experiences of adolescent and adult CIP to document the most salient self-identified obstacles they face. This document was eventually launched in 2003 and has since been utilized by various jurisdictions as they sought to better support CIP in their communities.
   
   “Meanwhile research reports and media coverage focused on CIP have been released throughout the past two decades thereby thrusting the issue into the public’s conscience. Here, in California, the Assembly commissioned a report in 2000 as well as a follow-up two years later that estimated the scope of parental incarceration and its effect on children in our state. This culminated in Senate Concurrent Resolution 20 (2009) authored by then-Senator Carol Liu which encouraged those governmental entities coming into contact with CIP to consider during decision-making how they might be impacted.
   
   “Then, just last year, the state of Oregon enacted SB 241, a measure that formed a working group of relevant stakeholders who would tackle the issues facing CIP and recommend approaches to implement changes in practice and policy that would benefit them. Given our state’s sizable population of incarcerated people, many of whom are parents and who thus have children falling through the cracks as we speak, it is a matter of some urgency and significance that we take action.”
   
6. Related Legislation: AB 3007 (E. Garcia), of the 2017-2018 Legislative Session, would authorize the County of Riverside to establish a program which would provide social services to prevent children with incarcerated parents from becoming involved in criminal activities. AB 3007 is currently pending hearing in the Assembly Human Services Committee.
   
7. Prior Legislation:
   
   1. SCR 20 (Liu), Chapter 88, Statutes of 2009, encourages the State Department of Social Services, Department of Corrections and Rehabilitation, Office of the State Foster Care Ombudsman, and other entities that interact with CIP, to distribute the San Francisco Children of Incarcerated Parents Partnership Bill of Rights.
      
   2. AB 2315 (Mazzoni), Chapter 965, Statutes of 2000, requires the California Research Bureau to conduct a study on women incarcerated and the effects it may have on their children.
      

REGISTERED SUPPORT / OPPOSITION:

Support

Alameda County Children of Incarcerated Parents Partnership

Center on Juvenile and Criminal Justice

Community Works West (Sponsor)

Ella Baker Center for Human Rights

National Association of Social Workers, California Chapter

National Center for Youth Law

Place4Grace

POPS the Club

Riverside County Board of Supervisors

Root & Rebound
Project Avary

San Francisco Children of Incarcerated Parents Partnership

Opposition

None

Analysis Prepared by:

Mureed Rasool / PUB. S. / (916) 319-3744